Court Struck Down Local Protections Due to Weaker State Laws; Registry for Level-1 Offenders Set to Expire at Year’s End
(Long Island, NY) On Thursday, July 30, 2015 Village of Mastic Beach Mayor Maura Spery, Suffolk County Legislator Kate Browning (WF-Shirley) and New York State Assembly member Dean Murray (R,C,I-East Patchogue) joined Executive Director Laura Ahearn of Parents for Megan’s Law and other elected officials in a bi-partisan show of support to call on New York State to empower local municipalities to enforce existing sex-offender restrictions that were struck down by the courts this past February. The officials also urged State Legislators to hold a special session in 2015 in order to extend sex-offender registry requirements for Level-1 offenders that are set to expire at the end of the year if no legislative action is taken.
In February 2015, the New York State Court of Appeals struck down all County-residency restriction laws and other protections that helped to keep the public and victims of sex crimes safer. Since current state law restricts only certain sex offenders on probation and parole from residing near schools, local laws that provided stricter regulations were ruled unenforceable. As a result, a Level-3 sex offender recently moved into a house three doors away from an elementary school. This is a dangerous trend that will continue across New York State because County restrictions were struck down.
Mastic Beach and local officials called on New York State to empower local municipalities to enforce existing sex-offender restrictions that were struck down by the courts this past February. Photo Credit: Village of Mastic Beach.
“The decision by the Appeals Court erases years of legislation that protects victims from these predators,” stated Mastic Beach Village Mayor Maura Spery. “The fact that children can now be re-victimized is unconscionable, and I support all of our elected officials who are working to reenact sensible laws to better restrict sex offenders and better protect their victims.”
Legislator Kate Browning sponsored the Suffolk County’s residency restrictions in 2006, a tool Suffolk County used effectively to prevent dangerous predators from living near playgrounds, schools and daycare centers. Additional laws Legislator Browning introduced to prevent sex offenders from using general-population emergency shelters and/or having more than one sex offender living in a single-family home while under government supervision or assistance are also affected by the court ruling.
“Nine years of successfully fighting to put in place common-sense protections for our children and other vulnerable populations was wiped out by one court ruling,” stated Legislator Kate Browning. “This is an issue that has a very large impact on my legislative district, and by eliminating all of the protections I fought so hard to implement, our communities are now more vulnerable to these dangerous individuals. New York State can reverse this terrible decision by giving local governments the power to implement our own laws rather than being bound by ineffective or absent state laws.”
“Laura Ahearn shared an example of a man convicted on charges of child pornography who moved to Long Island from Wyoming and was living roughly 400 feet from an elementary school. This is unacceptable.” said Assembly member Dean Murray. “This man was allowed to do so because the local restrictions that were in place in Suffolk County were wiped out by the State Court of Appeals decision in February. We are calling on the Governor to convene a special session immediately so we can go to Albany, pass our legislation and fix this terrible injustice.”
In addition, beginning January 1, 2016, registration for thousands of Level-1 sex offenders will end, and their names will drop off the sex-offender registry. If nothing is done, this will leave communities at greater risk.
The New York State Legislature and Governor can call a special session to address both of these critical issues. Mayor Spery, Legislator Browning and Assembly member Murray are calling on State officials to get this done in 2015 so that these important laws can be enforced in vulnerable communities that desperately need stricter protections from sexual predators.
