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A three judge panel rejected residency restrictions sought by various New Jersey municipalities against sex offenders, citing that local ordinances would conflict with the state’s version of Megan’s Law.

Of the more than 100 towns and municipalities that have enacted their own sex offender laws, the appellate judges specifically ruled against ordinances set by Cherry Hill and Galloway. Those ordinances, typical in many localities, banned sex offenders from living near schools, daycare centers, and playgrounds.

The Ruling

In their ruling, the judges cited the provision in state law that provides parole officers with discretion in approving a choice of residence for a sex offender based on factors such as access to public transportation as well as “proximity to treatment programs and employment.”

The judges also noted that the ordinances would virtually ban offenders from living in the townships.

A Win for the Defense

Public defender Yvonne Smith Segars praised the ruling, stating that local ordinances subjected sex offenders to a jumble of inconsistent rules.

“They are all a little different. Some ordinances say 2,500 feet away from schools and playgrounds, but others include pools, stores and bus stops. In an urban area, you would find yourself pushed to the edges of nowhere,” she said.

(Source: The New York Times)

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