Town to hold the line on pedophile-free zone
BY JANE MEGGITT Staff Writer

UPPER FREEHOLD — When it comes to where convicted pedophiles can live, the Township Committee has decided to draw the line.

While neighboring Millstone Township, which created a pedophile-free zone in 2005, is considering repealing its sex offender residency ordinance due to a recent state appeals court decision, Upper Freehold decided Aug. 28 to leave its ordinance in place.

"Who is the potential plaintiff who would challenge the Upper Freehold ordinance — a convicted sex offender," Mayor Steve Alexander, an attorney who spearheaded the creation of the ordinance, said. "Pedophiles, if you want to move to Upper Freehold, come and challenge the ordinance."

The mayor said the township adopted its ordinance in 2006, believing it was the right thing to do to protect the children in town.

When Millstone Township Attorney Duane Davison explained his reasoning behind urging Millstone to repeal its ordinance, he said that the Appellate Division of the Superior Court ruled July 15 that municipalities do not have the power to adopt sex offender residency ordinances. Davison said that by adopting Megan's Law, the state took over sex offender regulations.

Megan's Law, named for 7-year-old Megan Kanka, a New Jersey girl who was raped and murdered by a neighbor who was a convicted sex offender, took effect in 1994 and mandates that offenders register with police and notify officers when changing addresses.

Davison recommended Millstone repeal its sex offender residency ordinance to avoid litigation. Millstone's Township Committee introduced an ordinance to repeal the township's sex offender residency ordinance Aug. 20 and is expected to hold a final vote on the issue Sept. 17.

However, Millstone Mayor Nancy Grbelja said this week that she may ask the Township Committee to table the ordinance until the Supreme Court makes its decision regarding the issue.

In Manalapan, Township Attorney Kevin Kennedy advised the governing body on Aug. 13 not to enforce its sex offender residency ordinance until the state Supreme Court decides to uphold the Appellate Court decision. Manalapan's ordinance, known as Miracle's Law, was adopted in 2005 and restricts where convicted sex offenders may live and the length of time they may loiter in certain locations.

Kennedy told Manalapan officials, "Court challenges have modified Megan's Law, but the same goals and objectives remain— community notification."

He said that some people have contentions about the residency restrictions that municipalities have been imposing because some treatment programs stipulate that a newly released offender reside in a family household as part of treatment.

"There is a need for uniformity," Kennedy said. "This appellate decision held that issue should be handled by the state and not municipalities."

People can find out if convicted sex offenders are living in their communities by visiting www.njsp.org/info/reg_sexoffend.html.