STATE OF NEW JERSEY
213th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2008 SESSION
Sponsored by:
Assemblywoman MARCIA A. KARROW
District 23 (Warren and Hunterdon)
Assemblyman MICHAEL J. DOHERTY
District 23 (Warren and Hunterdon)
Assemblywoman NANCY F. MUNOZ
District 21 (Essex, Morris, Somerset and Union)
Assemblyman ERIC MUNOZ
District 21 (Essex, Morris, Somerset and Union)
Co-Sponsored by:
Assemblymen DiMaio, Biondi and Assemblywoman Handlin
SYNOPSIS
Permits municipality to enact ordinance prohibiting sex offenders from living near schools, child care centers or playgrounds.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the enactment of ordinances regulating sex offender residency and supplementing chapter 48 of Title 40 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A municipality may enact an ordinance making it unlawful for a person subject to the registration requirements set forth in P.L.1994, c.133 (C.2C:7-1 et seq.) who has committed a sex offense as defined in section 2 of P.L.1994, c.133 (C.2C:7-2) and whose victim was under the age of 18 to reside within 1,000 feet of the real property comprising an elementary or secondary school, child care center as defined in section 3 of P.L.1983, c.492 (C.30:5B-3) or playground as defined in section 1 of P.L.1999, c.50 (C.52:27D-123.9) unless:
(1) The person is required to serve a sentence at a jail, prison, juvenile facility or other correctional institution or facility which is located within 500 feet of the real property comprising an elementary or secondary school, child care center or playground;
(2) The person is receiving treatment at a mental health facility located within 500 feet of the real property comprising an elementary or secondary school, child care center or playground;
(3) An elementary or secondary school, child care center or playground is built or established within 500 feet of the person's existing residence;
(4) The parole board, after considering an individual's housing options, determines that a needs based exception is required; or
(5) A court that discharges the person from a psychiatric facility with conditions pursuant to section 15 of P.L.1987, c.116 (C.30:4-27.15) determines that an exemption is appropriate.
b. The ordinance shall provide that a violation shall be punished by a fine of not more than $2,000, imprisonment for not more than 90 days, or both.
c. Nothing in P.L.1994, c.133 (C.2C:7-1 et seq.), P.L.1994, c.128,. (C.2C:7-6 et seq.) or P.L.2001, c.167 (C.2C:7-12 et seq.) shall be construed to impair the operation or enforcement of this act.
2. This act shall take effect on the first day of the sixth month after enactment.
STATEMENT
This bill permits a municipality to enact an ordinance to restrict where sex offenders may reside.
Under the provisions of the bill, a municipality may enact an ordinance providing that it is unlawful for a person who is subject to the Megan's Law registration requirements for a sex offense against an individual under the age of 18 to reside within 500 feet of an elementary or secondary school, playground or child care center. The residential ban would not cover a sex offender who: resides at a prison or mental health facility; has a school, playground or child care center established or built within 500 feet of their existing residence; was granted a needs based exception by the parole board; or was discharged from a psychiatric facility by a court and was granted an exemption by a court.
Ordinances in Lower Township and Cherry Hill regulating where sex offenders may reside were recently struck down by Superior Court judges on a number of grounds, including preemption by Megan’s Law. The purpose of this bill is to grant municipalities the explicit authority to promulgate such ordinances.