Commission Considers Child Sex Offender Ordinance

By Andrew Gorosko

Police Commission members have told Police Chief Michael Kehoe to formulate some proposed wording for a town ordinance that would address public safety issues posed by the presence of child sex offenders in the community.

The panel’s initiative comes at the suggestion of Police Commission member Bruce Walczak. Mr Walczak is the Independent Party of Newtown’s candidate for first selectman in the November 3 elections.

Mr Walczak said that in view of other communities in the area either having such an ordinance, or considering creating such an ordinance, Newtown should consider whether it should have such a law.

Mr Walczak had raised the topic at a July 7 Police Commission session, after which Chief Kehoe performed some research on the matter. On August 4, following discussion, panel members directed the chief to formulate some proposed wording for a child sex offender ordinance.

Police Commission members have been reviewing the provisions of Ridgefield’s child sex offender ordinance, among others, in considering whether Newtown should create such a law.

Ridgefield’s ordinance was created in the interest of protecting children from the threat of sexual abuse from child sex offenders by restricting child sex offenders from entering specified child safety zones. Those zones include certain parks, schools, playgrounds, recreation centers, bathing beaches, swimming pools, wading pools, gymnasiums, sports fields, and sports facilities.

The Ridgefield ordinance defines what constitutes a child safety zone and also a sex offender. The ordinance specifies that it is unlawful for a child sex offender to be present in a child safety zone. That ordinance took effect in April.

Brookfield has a child sex offender ordinance that took effect in June. Danbury has such a law that was approved in July 2008.

Chief Kehoe explained that if Newtown enacted such a law, it would have the standing of a municipal ordinance, whose penalty for a violation might be a fine as high as $250.

Chief Kehoe said he discussed the prospect of a child sex offender law with Town Attorney David Grogins, who had advised Ridgefield on the formulation of its child sex offender ordinance. Such an ordinance would provide a mechanism through which police could charge a child sex offender who had violated the provisions of the ordinance, putting the offender on notice that police are aware of the offender’s illegal activity, he said.

Mr Walczak said that while there may be no specific local catalyst to spur creation of a town ordinance, he asked whether the town should enact such a law to be prepared for eventualities. The Police Commission could formulate a proposed ordinance and then recommend it for town enactment, he said.

Police Commission member Duane Giannini, who served as chairman at the August 4 session, said he would like to have the commission start work on creating such a law. “We’re being pro-active,” he said.

When commission members discussed the topic in July, Chief Kehoe explained that commission members should be mindful as to whether as child sex offender ordinance would be constitutional and would be upheld by the courts, if appealed. 

Commission member Brian Budd then noted that when a sex offender is sentenced, the court sets the conditions of that person’s release, including the terms of probation. The probation that is issued by the court is specific to the individual who receives that probation, he noted.

At the July session, Police Commission Chairman Carol Mattegat said that a local child sex offender ordinance is not needed. “It’s really not necessary. “It’s like adding a double layer,” she said. Ms Mattegat did not attend the August 4 session.

“I think all towns are grappling with the [sex offender] issue right now,” Chief Kehoe said.

The state Department of Public Safety maintains an online sex offender registry, listing people living in the state who have been convicted of various sex crimes. Currently, there are nine Newtown residents listed on that Internet registry. The Internet address is www.sor.state.ct.us/pls/sor/wsor$offender.startup?Z_CHK=0