Police Commission Endorses Proposed Ordinance

On Child Sex Offenders

By Andrew Gorosko

Following brief discussion, members of the Police Commission this week endorsed the wording of a draft proposal for a town ordinance that would cover public safety issues posed by the presence of child sex offenders in the community.

Police Commission members on September 1 supported the proposed wording for a local law that was presented by Police Chief Michael Kehoe. The proposal will be forwarded to the Legislative Council for its review, possible revision, and potential enactment.

The Police Commission’s support for creating a local law followed the suggestion for such an ordinance by Police Commission member Bruce Walczak. Mr Walczak is the Independent Party of Newtown’s candidate for first selectman in the November 3 elections.

In formulating the proposed ordinance, Chief Kehoe reviewed such laws that now are in effect in other area towns.

Having such an ordinance in force “would give police an additional tool” to deal with the problems posed by child sex offenders, according to Mr Walczak. Such offenders’ terms of court probation typically specify a range of prohibited activities for those violators.

Commission member Duane Giannini, however, asked whether the town would be exposing police officers to possible claims of harassment from child sex offenders who are approached by police in light of apparent violations of a child sex offender ordinance.

Chief Kehoe said that coupled with having such an ordinance, town police could be provided with mobile computer access to the state Department of Public Safety’s sex offender registry, which is posted on the Internet. That registry currently lists nine Newtown residents as sex offenders who have been convicted of various sex crimes, at least seven of whom were convicted on sex charges involving underage persons.

Mr Giannini said the proposed Newtown ordinance is very similar to laws now in effect in other area towns, which Police Commission members have reviewed.

“Let’s keep it moving,” Mr Giannini said of referring the proposed ordinance to the Legislative Council for review.

According to the proposed ordinance, the town has a compelling interest in protecting children from the threat of sexual abuse from child sex offenders. Therefore, to preserve the health, safety, and general welfare of local children, it is in the common interest of the community to enact regulations that would restrict child sex offenders from entering “child safety zones.”

Such zones would include any park, school, playground, recreation center, beach, swimming or wading pool, gym, sports field or sports facility that would be under the jurisdiction of the town, including the Board of Education, or is leased to the town for its use. Such child safety zones would include buildings, land, and parking areas on the parcels where such facilities are located.

The proposed ordinance defines a “child sex offender” for the purposes of the law, and would make it illegal for an offender to be present within a “child safety zone.” Also, various legal exclusions are described.

Under the terms of the proposal, the police chief would directly notify the town residents who are listed on the state’s sex offender registry of the town’s child sex offender ordinance and provide them with a copy of the ordinance.

Enforcement

According to the proposed law, if a police officer believes that a child sex offender is in a child safety zone in violation of the law, the offender would be required to provide his/her name, address, and telephone number to the police officer. If the person is a child sex offender, the police officer would issue the offender an infraction ticket and require the offender to leave the child safety zone. Those violating the ordinance would be fined $250 for each violation.

Under the proposed law, each child safety zone would be identified by a sign conspicuously posted at the primary entrance to a child safety zone and also at any building within that zone. Also, the town would create a map depicting each local child safety zone. That mapping would be available for review at the first selectman’s office, the police department, and on the town’s website on the Internet.

The town police would maintain a listing that would be known as the Newtown Sexual Offender Registry. The registry would be available for public review. After a person is removed from the state’s sex offender registry, they also would be removed from the town’s sex offender registry.

In August, Police Commission members had told Chief Kehoe to formulate some proposed wording for a town ordinance that would address public safety issues posed by the presence of child sex offenders.

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

In this area, municipalities including Danbury, Brookfield, and Ridgefield have child sex offender ordinances. Brookfield’s law took effect in June. Ridgefield’s ordinance went into force in April. Danbury’s law was approved in July 2008.

Chief Kehoe has said that Newtown’s having such a law would provide police with a mechanism through which they 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.

Police Commission member Brian Budd has 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, according to Mr Budd.

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. The registry can be reached at the state Department of Public Safety’s website www.ct.gov/dps/site/default.asp