How do you track sex offenders? NY county hires ex-cops
The immediate case involved Nassau County's Local Law 4 enacted in that prohibits registered sex offenders from residing within 1, feet of a school. A man who had been convicted in of possessing child pornography, after 22 months in prison and a year on parole, moved to an apartment within feet of two schools.
Michael Diack was charged with violating the local residency law. A trial judge dismissed the charge, saying the local law was pre-empted by the state law. A midlevel court reinstated the complaint. The Court of Appeals on Tuesday dismissed it again. State law also prohibits sex offenders on probation or supervised release from entering school grounds, Pigott wrote. Designated a low-level offender and off probation, Diack wasn't covered by the state restrictions but that doesn't mean the state doesn't have a comprehensive plan or delegated that authority in this to the county, Pigott wrote.
Attorney Kathy Manley, who represented Diack, said she and her associates have won similar cases in several individual counties, but this ruling applies to all of them. For higher-level offenders, the restrictions of supervised release can last up to 25 years. For those the state considers at the highest risk for reoffending, it imposes mandatory civil confinement in secure facilities, she said.
Nassau County Executive Ed Mangano said the law was designed to protect children. Laura Ahearn, executive director of Parents for Meghan's Law, declined to comment on the lawsuit, but said she is confident the program helps deter crime. No, you don't," she said. The Suffolk County Police Department maintains oversight over the program and approves all home visits in advance.
The visits are unannounced. On a recent morning, retired detectives carrying IDs, but not badges, checked on the status of three offenders, but no one answered at any of the homes. They return as many as five times before contacting the police department to suggest an investigation of an offender's whereabouts. It's not clear whether Suffolk's efforts since have been more successful than in years past.
The department could not immediately provide such statistics. In neighboring Nassau County, the police department makes random compliance checks of offenders and has a percent compliance rate, said Detective Lt. Richard LeBrun.
N.Y. court tosses local limits on sex offenders' homes
The program hasn't been operating long enough to draw conclusions about its impact on recidivism. According to Suffolk police, two people on the registry who would have been subject to the checks have been arrested for new sex crimes since Statewide, at least 2, arrests have been reported to the Department of Criminal Justice Services for offenders who failed to register since As of early March, there were 39, registered offenders in the state, with the whereabouts of unknown. More PoliceOne Articles. More Investigations News. More Product Listings.
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