High court strikes down offender law
By ROBERT LINNEHAN
The Cherry Hill Sun
5/15/2009

A decision handed down from the state Supreme Court last week declared Megan’s Law as an all-encompassing system to regulate convicted sex offenders. In turn, the court turned down the township’s fight to create sex offender-free zones in various locations in Cherry Hill.

The Supreme Court upheld an earlier ruling from an appellate court last summer that considered Megan’s Law to be an all-encompassing, comprehensive system chosen by the Legislature to protect society from possible acts by convicted sex offenders.

“Accordingly, we hold that Cherry Hill Township’s and Galloway Township’s ordinances, establishing residency restrictions that formed buffer zones for convicted sex offenders living within their communities, are precluded by the present, stark language of Megan’s Law.

“It is that language which controls,” a release from the Supreme Court stated.

Dan Keashen, Cherry Hill public information officer, said the township is disappointed with the ruling from the Supreme Court and respectfully disagrees with the outcome.

“While we believe Megan’s Law is well crafted, we also believe that it can be improved,” he said.

“The improvement would be the residency restrictions we passed with the ordinance. The restrictions themselves help municipalities bolster their number one priority, which is public safety.”

The township will continue to review its legal options and will continue to fight for the ordinance it believes serves the majority of Cherry Hill residents, Keashen said.

“This local legislation had merit based solely on the fact that more than 200 municipalities have passed it. It’s common sense. It keeps sex offenders away from children, families and places where they congregate,” he said. “At the end of the day, giving sex offenders the opportunity to live near a school is like providing a bottle of vodka to an alcoholic.”

The township’s sex offender ordinance – passed in October 2005 – barred any convicted sex offender from living within 2,500 feet of school zones, parks, playgrounds, bus stops or any areas where children may congregate.

Under the ordinance, a sex offender looking to move into the township must register with the local police, who then confirm the information with the county prosecutor’s office. The offender is then informed of the zones they are barred from residing in. Should their residency fall into one of the zones, they have 60 days to vacate the property or face a fine of $1,250, imprisonment or community service.

The township’s ordinance was challenged in early 2007, when two convicted sex offenders were notified by Cherry Hill that they were in violation and were required to move within 60 days.

The men did not move because they were awaiting Section 8 Housing, according to the press release, and approval of a new residence by their parole officers. The matter was brought before the township municipal court and both men were found guilty.

On appeal to the Law Division, the trial judge invalidated the Cherry Hill ordinance based on the Galloway Township Decision. Cherry Hill then appealed to the Appellate Division, according to the press release.

Megan’s Law is a federal law that encourages all 50 states to register those who commit sex offenses against children and sexually violent offenses against adults.

The federal government established minimal standards that each state has to meet in order to continue to receive federal crime-fighting funds.

The creation of the law originated in the state after 7-year-old Megan Kanka was raped and murdered by a twice-convicted sex offender living on her street in Hamilton.

The brutal crime – occurring only months after a similar incident in Monmouth County – prompted the passage of state laws requiring notification of sex offenders who may pose a risk to the community.

About 115 other municipalities have tried to pass ordinances in the past year similar to the one Cherry Hill tried to enact.