I do not yet have a copy of the law. The county legislature did pass a law in January of 2007. Below is a press account.
County adopts law limiting sex offenders' activities, choices of housing
By OMAR AQUIJE, oaquije@poststar.com
Friday, January 19, 2007
FORT EDWARD -- Sex offenders who relocate to
Washington County now have to
abide by a law that regulates their activities and where they can live and work.
The Washington County Board
of Supervisors approved the law during its regular meeting Friday, but only
after some supervisors questioned the action for fear that it would force sex
offenders to live in rural areas where police have a lesser presence.
The board voted 11-6 to enact the law, which becomes effective once it is filed
with the secretary of state. That should take a few days.
In 2006, Warren and Saratoga counties each passed similar laws. The law in
Warren County bars Level 2 and Level 3 sex offenders from living or working
within 1,000 feet of a school or child-care facility.
Washington County's law will prohibit all sex offenders from residing
or working within 1,000 feet of a public or private elementary, middle or high
school. The same applies for child-care facilities, parks, playgrounds, public
or private youth centers, public swimming areas, libraries, the state Office of
Mental Retardation and Developmental Disabilities and the Warren-Washington
County ARC.
They also must remain at least 150 feet from school bus stops or areas where
children would be dropped off after school.
Violation of the law is a misdemeanor punishable by a fine of up to $500 and
jail time of up to six months.
"The purpose is to protect our communities," said Fort Edward Supervisor
Merrilyn Pulver.
The local law defines a sex offender as a person who has been convicted of a
sexual offense as defined in the New York State Correctional Law. It also
defines a residence as a place where a person sleeps, which may include more
than one location and may be a mobile and/or transitory shelter.
The law will not apply to sex offenders who already live or work within 1,000
feet of the protected facilities, but if they relocate within the county after
the law is effective, they will have to follow the new rules.
Some supervisors worried the law would drive sex offenders into rural areas
because there are more places to live.
In addition, some supervisors wondered if it was constitutional for the county
to adopt a law that denies sex offenders due process.
"If it was part of a sentence in a court of law with an appeal process, that is
the appropriate way to do it. It's not appropriate for us to be part of the
sentencing process," said Argyle Supervisor Robert Henke.
Washington County District
Attorney Kevin Kortright encouraged the board to support the new law. Since more
municipalities have passed similar laws, forcing sex offenders to relocate,
Washington County has become
a dumping ground for other counties, he said.
"If we can protect one child, we have done well," Kortright said.