State, county and local legislators are examining residency restrictions aimed at keeping sexual offenders away from schools, a move Mt. Lebanon residents suggested after learning an offender lives nearby.
Megan's Law was passed in Pennsylvania in 1995 and became federal law in 1996. Named for a 7-year-old New Jersey girl who was raped and killed by a pedophile who had moved across the street, the law dictates that sexual offenders and sexually violent predators must register addresses with law enforcement officials. But it does not limit where such people can live.
A group of residents in the Sunset Hills neighborhood, angered when they learned a registered sex offender lives on Sleepy Hollow Road near Howe Elementary School, several day care centers and churches, asked Mt. Lebanon commissioners to enact a local ordinance limiting the residency of offenders.
State Rep. Matt Smith, D-Mt. Lebanon, is a co-sponsor of House Bill 926, one of two bills in the judiciary committee that would tighten the state's Megan's Law. It would prohibit sexually violent predators who commit certain crimes on children younger than 14 from living within 11/2 miles, by road, of any public, private or parochial school that teaches children in kindergarten through elementary school. Violating it would be either a misdemeanor or a felony, depending on the number of violations.
"I think we need to do everything that's feasible and reasonable," said Mr. Smith, noting such changes to the law would give parents resources to keep their children safe.
"In my mind, there's nothing more important than protecting children as they go to school," he said.
Mt. Lebanon pupils walk to neighborhood schools.
The other state bill in committee, House Bill 164, would call for placing global positioning system tracking devices on the wrists or ankles of sexually violent predators. It also would strengthen penalties and make it a felony for offenders to go within 2,000 feet of a school, playground, park or day-care center.
However, John Ryan, executive director of the House Judiciary Committee, said the bills are being held up as the committee awaits more information from the federal government as to what they may require legally.
That's not soon enough for some local officials.
County Councilman Vince Gastgeb, R-Bethel Park, introduced a county ordinance Tuesday that would limit residency so all 130 county municipalities wouldn't need their own ordinances.
It would ban any sex offender from living within 2,500 feet of any child care facility, common open space, community center, public park, recreational facility or school for the duration of the Megan's Law notification period. That distance would be measured by a straight line from the edges of the property.
It also calls for the county to map and publish to its Web site the areas where sex offenders may not live. If that legislation is enacted, current permanent residents would not have to leave.
Violations would be summary offenses subject to a maximum fine of $1,000 plus the cost of prosecution and up to 90 days in jail.
Mr. Gastgeb said cooperation has been important, and he is working with local officials, Mt. Lebanon residents and District Attorney Stephen A. Zappala Jr. to make sure his bill takes everything into account.
At least 22 states have laws that restrict residency for offenders or predators, according to a 2006 report issued by the California Research Bureau.
Solicitor James Roberts told Mt. Lebanon commissioners recently that many such laws are subject to federal civil rights litigation and fighting it can be costly.
Mt. Lebanon commissioners are studying a draft ordinance Mr. Roberts prepared and are likely to continue discussing it at the July 9 meeting, said Commissioner Dale Colby.
However, if local officials enacted an ordinance, violating it would result in only a fine. Only the state can make it a crime, Mr. Roberts said.
Commission President David Humphreys said it would be better for the county to enact the ordinance, especially since it would take several months for Mt. Lebanon to go through its ordinance procedure, and the county would be better prepared to handle legal challenges.
Mr. Roberts said the laws can have unintended backlash. In Iowa, for example, a statewide residency restriction resulted in fewer sex offenders registering, with some becoming homeless. Iowa's law was challenged in court but was upheld on appeal.
He also said studies he's read haven't found residency restrictions reduce recidivism.
Rep. Smith said while some of the state laws have been challenged, there's also precedent for upholding the restrictions.
"If it's challenged, we'll fight the challenge," said Rep. Smith, who also is a lawyer.
Still, House Bill 936 wouldn't likely help the Sunset Hills folks, as the proposal applies only to sexually violent predators, a level of classification their neighbor doesn't have.
The Pennsylvania State Police Megan's Law Web site lists Charles D. Evans, 406 Sleepy Hollow Road, as a sex offender, convicted of attempted sexual assault on a child in 2001.
A sexually violent predator is a designation given by the court if it determines the person has a "mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses," according to state police.
Mr. Smith said the bill's definitions may need to be tweaked to include sexual offenders or to include places children congregate.
Mt. Lebanon has three registered sex offenders and no registered sexually violent predators.