Greenleaf Legislation Instituting Residency Restrictions for Sexual Predators Moves Forward

HARRISBURG— Today, the Pennsylvania Senate Judiciary Committee voted to advance Senate Bill 1136 introduced by Senator Stewart J. Greenleaf (R-Montgomery / Bucks) to amend the state's sex offender legislation, Megan's Law.  While Megan's Law requires all sex offenders to register with State Police and provides for community notification of sexually violent predators, Senator Greenleaf's amendments would further provide for residency restrictions, preventing all sexually violent predators from residing within 1,000 feet of the victim's residence.  Sexually violent predators that have victimized an individual under the age of 18 would as well be restricted from residing within 1,000 feet from an elementary or secondary school, a licensed day-care center or a children's playground upon parole. 

In addition to these standardized residency restrictions, the state's Sexual Offenders Assessment Board (SOAB) may recommend further residency restrictions based on the sexually violent offender's history of mental illness, personality disorder, and the circumstances of the crime. 

Senator Greenleaf, the author of Pennsylvania's Megan's Law enacted in 1995 said, "In recent years, we have learned that this provision is needed to reduce the rate of recidivism and to ensure the safety of potential victims." 

Other proposed measures of SB 1136 include registering sexually violent offenders with State Police at the time of intake and providing notification when the offender is transferred to another institution.  Also, SB 1136 would provide notification to the district attorney of the county to receive the sexually violent predator and the opportunity to address the parole board before the offender is released from prison. 

"In the years that pass between sentencing and release, an offender's obligation to register can be overlooked," said Senator Greenleaf.  "These amendments will improve compliance by enabling the State Police and district attorneys to better track offenders." 

In a recent audit of Megan's Law, the Pennsylvania Attorney General cited a lack of communication between law enforcement officials and agencies as the foremost weakness and reason for noncompliance. 

So far, at least 31 states have enacted laws imposing residency restrictions of sex offenders.  In all cases, these provisions are intended solely to protect the public and not as additional punishment. 

A recent survey conducted by the state Sexual Offenders Assessment Board (SOAB) found that 90 of the state's responding municipalities have adopted ordinances restricting the residence of sex offenders and dozens of others are considering such ordinances.  Many have asked for guidance from the General Assembly.