Sponsored by:
Senator DOUGLAS J. STEINHARDT
District 23 (Hunterdon, Somerset and Warren)
SYNOPSIS
Authorizes municipality to enact ordinance regulating where certain sex offenders may reside.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning sex offenders, amending R.S.40:48-1, 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. (New section) a. As used in this act:
Child care center shall have the same meaning as section 3 of P.L.1983, c.492 (C.30:5B-3).
Playground shall have the same meaning as section 1 of P.L.1999, c.50 (C.52:27D-123.9).
Person subject to limitations means a person over the age of 21 subject to the registration requirements set forth in P.L.1994, c.133 (C.2C:7-1 et seq.) who has been convicted of, adjudicated delinquent or found not guilty by reason of insanity for a sex offense enumerated in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2) in which the victim of the offense was under 18 years of age, except for those whose risk of re-offense has been determined to be low in accordance with paragraph (1) of subsection c. of section 3 of P.L.1994, c.128 (C.2C:7-8).
b. A municipality may enact an ordinance establishing areas in or around elementary or secondary schools, playgrounds, or child care centers where a person subject to limitations may be prohibited from residing, in order to reduce the likelihood of contact between the person and children who are likely to gather at such locations, thereby reducing the risk of re-offense by the person subject to limitations.
c. Municipal ordinances establishing areas where a person subject to limitations may be prohibited from residing shall not establish areas that extend a prohibition beyond 500 feet from the real property comprising an elementary or secondary school, playground, or child care center, as the case may be, provided that any ordinance shall not be formulated in a manner that would prohibit persons subject to limitations from residing in every residentially-zoned area within the municipality.
d. A municipal ordinance enacted pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be applied to prohibit a person subject to limitations from residing within 500 feet of the real property comprising an elementary or secondary school, playground, or child care center if:
(1) the person is required to serve a sentence at a jail, prison, juvenile facility or other correctional institution or facility or is involuntarily committed to a psychiatric, mental health or other facility which is located within 500 feet of the real property comprising an elementary or secondary school, playground, or child care center;
(2) the person resides and receives services at an institution, mental health or other facility licensed or permitted by the Department of Human Services which is located within 500 feet of the real property comprising an elementary or secondary school, playground, or child care center;
(3) the parole board, after considering the persons housing options, determines that a needs-based exception for the person is required; or
(4) 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 exception is appropriate.
e. The provisions of an ordinance enacted pursuant to the provisions of this act shall not be applied to prohibit a person subject to limitations from continuing to reside at a residence established by that person within the municipality prior to the enactment of the ordinance.
f. An ordinance enacted pursuant to the provisions of this act shall provide that the municipal engineer shall produce a map for the purpose of depicting the location and boundaries of the areas where a person subject to limitations is prohibited from residing pursuant to the ordinance. A true copy of the map shall, upon proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of those areas, provided that the governing body of the municipality has adopted an ordinance approving the map an official finding and record of the location and boundaries of the area. Any map approved pursuant to this section may be changed from time to time by the governing body of the municipality. The original of every map approved or revised pursuant to this section, or a true copy thereof, shall be filed with the clerk of the municipality and shall be maintained as an official record of the municipality. Nothing in an ordinance adopted pursuant to this section shall be construed to preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of an offense; nor shall the ordinance be construed to preclude the use or admissibility of any map or diagram other than one which has been approved by the governing body of a municipality, provided that the map or diagram is otherwise admissible pursuant to the Rules of Evidence.
g. 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. R.S.40:48-1 is amended to read as follows:
40:48-1. Ordinances; general purpose. The governing body of every municipality may make, amend, repeal and enforce ordinances to:
Finances and property. 1. Manage, regulate and control the finances and property, real and personal, of the municipality;
Contracts and contractor's bonds. 2. Prescribe the form and manner of execution and approval of all contracts to be executed by the municipality and of all bonds to be given to it;
Officers and employees; duties, terms and salaries. 3. Prescribe and define, except as otherwise provided by law, the duties and terms of office or employment, of all officers and employees; and to provide for the employment and compensation of such officials and employees, in addition to those provided for by statute, as may be deemed necessary for the efficient conduct of the affairs of the municipality;
Fees. 4. Fix the fees of any officer or employee of the municipality for any service rendered in connection with his office or position, for which no specific fee or compensation is provided. In the case of salaried officers or employees, such fee shall be paid into the municipal treasury;
Salaries instead of fees; disposition of fees. 5. Provide that any officer or employee receiving compensation for his services, in whole or in part by fees, whether paid by the municipality or otherwise, shall be paid a salary to be fixed in the ordinance, and thereafter all fees received by such officer or employee shall be paid into the municipal treasury;
Maintain order. 6. Prevent vice, drunkenness and immorality; to preserve the public peace and order; to prevent and quell riots, disturbances and disorderly assemblages;
Punish beggars; prevention of loitering. 7. Restrain and punish drunkards, vagrants, mendicants and street beggars; to prevent loitering, lounging or sleeping in the streets, parks or public places;
Auctions and noises. 8. Regulate the ringing of bells and the crying of goods and other commodities for sale at auction or otherwise, and to prevent disturbing noises;
Swimming; bathing costume; prohibition of public nudity. 9. Regulate or prohibit swimming or bathing in the waters of, in, or bounding the municipality, and to regulate or prohibit persons from appearing upon the public stre