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      Front Page July 9, 2009  RSS feed

      Mid'town to repeal residency restrictions for sex offenders

      Municipal limits struck down by N.J .Supreme Court
      BY TOM SHORTELL Staff Writer

      MIDDLETOWN — Nearly four years after the Township Committee limited where sex offenders can live in Middletown, the committee is moving to strike the ordinance from its law books.

      The committee is expected to repeal Middletown's Sex Offender Residency Limitation at its July 20 meeting, Mayor Pamela Brightbill said.

      On the advice of counsel, Middletown is revoking the 2005 law to avoid potential litigation, Brightbill said.

      "I am certainly disappointed we even have to move forward with this legislation," she said of the repeal.

      While the ordinance would remove the restrictions from the record, there's a chance they could become law once again.

      "The language is specific in hopes that we can come back with it," Brightbill said.

      The ordinance prohibits Tier II and III sex offenders from living within 1,000 feet of a school, park, playground, day care center or any place children are expected to congregate.

      It also prohibits sex offenders from being within 150 feet of those areas for any longer than is "reasonably necessary" for "legitimate activity."

      Tier II and III sex offenders have a moderate to high risk of recidivism, according to the state's online registry of sex offenders.

      In May, the New Jersey Supreme Court ruled that municipal laws interfere with Megan's Law, the state law that regulates the registration and supervision of sex offenders. The ruling struck down municipal limits across the state.

      A bill in the state Assembly would change Megan's Law so municipalities could add some residency limits.

      In June, the judiciary committee approved the bill, which would prohibit Tier II and III sex offenders from living within 500 feet of elementary or secondary schools, playgrounds or child care centers, said Assemblywoman Caroline Casagrande (R-12th District).

      Brightbill said the township has been in contact with Casagrande over the sex offender law.

      "I think we need to make sure our children here in New Jersey are protected. Unfortunately, sex offenders have a high rate of recidivism, especially child sex offenders," Casagrande said.

      The Assembly bill is not likely to pass anytime soon. The November election will most likely prevent any voting session until then, and neither the Senate nor the Assembly has voted on the bill, she said.

      According to the state's online database, no registered sex offenders currently live in Middletown.