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Putnam Legislature Enacts "Child Safety Zones" Law Restricting Sex Offenders' Access to Potential Victims
State requires County to hire additional corrections officers
by Margaret Sternberg
Acting upon concerns expressed by residents who inadvertently now find themselves living near a Level 3 (the most dangerous and most prone to recidivism) sex offender, at its March 6, 2007 meeting the Putnam County Legislature approved a law designed to "prohibit sex offenders from residing, having employment or otherwise [being] within 2,500-feet of areas and facilities that would provide them easy access to potential victims."
Legislator Terry Intrary presented the legislation in the strongest possible terms, saying that the people the legislation was aimed at were "convicted sexual offenders, convicted by their peers or by plea bargains…but they are convicted and they are classified. We, in county government, have a responsibility to ensure the safety of our children. We are doing our job by enacting this law and… remaining proactive to afford law enforcement every opportunity to prevent a tragedy from happening in Putnam County."
The legislation defines a "child safety zone" to mean within 2,500 feet of the real property comprising a public or private elementary, middle or high school, designated school bus stop, child care facility, nature preserve, park, playground, public or private youth center or public swimming pool and any public or commercial recreational facility clearly designed to attract children, including but not limited to theaters, bowling alleys, sports fields, exercise or sporting facilities and residential areas that are delineated in the legislation.
Intrary singled out for praise Legislator Tony Hay, who had been contacted about the sex offender, researched other counties' laws on the issue, and made significant contributions toward the law's drafting. Intrary said the process, including review by the County's Law Department, was completed within a month.
Intrary urged the federal government to enact legislation that would require a law that would be identical throughout the country. Intrary then suggested the states could enact laws that would dovetail the federal law and provide uniformity and clarity. Intrary said that sex offenders can currently elude monitoring if they move from state to state.
Unsurprisingly, all legislators who spoke after Intrary echoed his feelings, and the law was passed unanimously. Legislature Chairman Dan Birmingham also addressed recent reports of the state passing a civil confinement law on sex offenders, explaining that the state law applied only to those offenders in civil confinement while the County's law applied to those who are released or on parole.
The legislature also approved sending to Governor Spitzer, Majority Leader Bruno, State Senator Leibell, Assembly Speaker Silver, Assemblywoman Galef, and several other politicians a memorialization of the "Sex Offender Free Zones" law.
In a portent of new strains to come on the County budget, and after approval of a resolution for funds to cover increased post coverage at the jail, Chairman Birmingham noted that the State Department of Correctional Services had mandated that the County, based upon the jail population, hire eight additional corrections officers for the jail, which will cost approximately $500,000.
A resolution approving the posting to the Internet of legislative meeting minutes was tabled by the legislature; Legislator Tony Hay voted against tabling the resolution. The tabling of the resolution was suggested by Legislator Robert McGuigan, who said that the legislation had been developed quickly in an effort to accommodate public requests for access to the Minutes and that he wanted "not to quash it," but to put the resolution forward "in a more presentable manner." Legislator Intrary agreed, and Legislator Birmingham added that he had no opposition to making the Minutes available, but "if we are going to do something like this…[we need] to do it right," concluding that he was "reluctantly" voting in favor of tabling the resolution. Birmingham expected the resolution would return to the legislature for a vote in either April or May.
A second memorialization passed that evening by the legislature urged the U.S. Congress to enact the "Medicaid County Protection Act of 2007," which would expressly prohibit states from passing along the costs of Medicaid to county government, which is then seen as increases in real property taxes. A copy of the resolution will be sent to Senator Schumer, Senator Clinton, Congressman Hall and others. Legislator Birmingham noted that NY is one of only two states in the country that requires counties to contribute to Medicaid.
The legislature also issued three proclamations: one designating March as Red Cross Month in Greater New York, one honoring the 3rd Annual MS Walk hosted by the Law Firm of William G. Sayegh, P.C., and one designating March as Development Disabilities Awareness Month.
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