The Pittsburgh Post-Gazette/Ipso Facto
January 25, 2013
Nearly two years have passed since the Pennsylvania Supreme Court invalidated an
Allegheny County ordinance that restricted where convicted sex offenders could
live. The Court concluded that the ordinance was at odds with Megan’s Law.
Megan’s Law requires convicted sex offenders to report their residency so
that the neighborhood can be notified but does not restrict where offenders can
live. The Court ruled that the ordinance would banish offenders to
"localized penal colonies" with little access to jobs, support, or even their
Allegheny County's ordinance was enacted in 2007. A year later, three years
before the ordinance was struck down, the Post-Gazette wrote that sex offender
residency restrictions don’t work.
Dr. Jill S. Levenson, a professor at Lynn University in Boca Raton, FL, said
the problem is that residency restrictions are often one-size-fits-all. They
often don't distinguish among the types of crimes that have been committed. Just
because someone is designated a sex offender under state law does not
necessarily mean that that person is a sexually violent predator or a
There is ample scientific evidence that shows residency laws interfere with
the reintegration of sex offenders into society. "Criminal offenders who have stable housing, stable employment and
support systems in their lives, those people are less likely to go on and commit
new crimes," Dr. Levenson said.
Academics continue to be dismissive of residency restrictions. "There was no
significant relationship between reoffending and proximity to schools or day
cares," concluded a 2010 study published in The American Association for
Correctional and Forensic Psychology. "The belief that keeping sex offenders far from schools and other
child-friendly locations will protect children from sexual abuse appears to be a
well-intentioned but flawed premise."
Sex offenders have no political cache. Politicians make a living bashing sex
offenders. “Lock’em up and throw away the key” works well on the campaign trail.
The flaw in this thinking is that it ultimately short-circuits the safeguards --
such as mandatory therapy, electronic monitoring and tight supervision -- that
help offenders successfully re-enter society.
Even after acknowledging the research and the High Court’s decision, it is
not difficult to figure out why a lawmaker would propose a new statewide
State Sen. Lisa Boscola recently introduced Senate Bill 86 to prohibit
convicted sex offenders from living within 1,000 feet of a school, day care,
preschool, playground or recreation center.
"And then I want to carry it one step further and say and bus stops, because
these are where children congregate and this is where I've been hearing
complaints," said Boscola.
The proposed legislation would set up a protective barrier of 500 feet around
any bus stop, making Pennsylvania the first state to pass such a
The unintended consequence? In most of Pennsylvania, especially outside of
urban areas, a bus stop might be the end of every students drive-way. Senate
Bill 86 would effectively eliminate just about any residency options for sex
Visit Ipso Facto
Michael Gargiulo, Pretrial Hearing 45
4 weeks ago