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Protective Committee Amends Child Safety Zone Law
Changes aim to avoid Constitutional challenges
by Margaret Sternberg
In an effort to minimize chances of constitutional challenges, the framer of Putnam County's recently passed child safety zone law proposed changes that will result in convicted sex offenders having a bit more latitude in where they may live and work.
Acting upon comments and recommendations he had received subsequent to the passage of the law, at the May 23, 2007 meeting of the County Legislature's Protective Services Committee, Legislator Tony Hay said that the law had never been intended to make it impossible for convicted sex offenders to live or work in the county, situations which may have raised constitutional issues. Based upon his research, Hay concluded the law had inadvertently done so, and he proposed several changes to address the problems.
The critical changes involved distance: in one case, the prohibition against "sex offenders from residing, having employment or otherwise enter or remain within 2,500-feet of areas and facilities that would provide them easy access to potential victims." That distance was revised to 1,000-feet.
The changes also affected the definition of a "child safety zone," which had been defined as within 2,500-feet - but will now be reduced to 1,000-feet - of elementary, middle or high schools, child care facilities, nature preserves, parks, playgrounds, youth centers or public swimming pools and any public or commercial recreational facility clearly designed to attract children. A sex offender, under the law, is prohibited from living, having employment or loitering within a child safety zone.
Another change removed designated school bus stops from being defined as child safety zones, but added legislation requiring that convicted sex offenders who "drive past or through a designated school bus stop do so only for the purpose of traveling. Under no circumstances will the child predator be allowed to initiate or maintain contact." Hay said the same result, precluding contact with children, is achieved without interfering with a person traveling to or from a job.
Hay characterized the changes as a "regional solution," saying that since neither the state nor the federal government had proposed a solution, Putnam was joining with Rockland County in having 1,000-feet as the minimum distance involved for a child safety zone. Putnam's legislation will be sent to Westchester, Dutchess and Orange Counties with the hope they will each propose laws with the same stipulations.
Two other changes involved "immunity from liability" and protected officials, employees or agencies from being subject to liability for damages in connection with the implementation or enforcement of the local law unless it is shown that the entity acted with gross negligence or bad faith.
Chairman Terry Intrary said the revisions would still protect those needing protection as well as to preserve the Constitutionallyguaranteed rights of the convicted sex offenders, allowing them to lead productive lives, yet laying out defined parameters.
Intrary made a point of singling out Legislator Hay for praise for his work on the bill, pointedly adding that "Assemblyman Greg Ball had nothing…to do with this law…and this was between the County Executive and the governing body that took a very, very difficult situation. I think we've done a marvelous thing to begin the process."
The newly-revised law is expected to be voted upon by the full legislature at its June meeting.
In the Personnel Committee's meeting the same night, Cold Spring resident and Putnam County's Director of Personnel Paul Eldridge was unanimously re-appointed to a six-year term amid good-natured joking. The appointment must now be voted on by the full legislature.
The June meetings of the county legislature's Personnel and Protective Services Committees will be posted on the PCN&R's website once they become available.
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