SANATOGA PA – A sex offender residency law, approved by Lower Pottsgrove (PA) Township commissioners during 2009 to specify where – and where not – such convicted criminals could live within the municipality’s borders, “might be found to be invalid” if challenged in court, Solicitor R. Kurtz Holloway declared Monday (Aug. 1, 2011). He recommended “being proactive” to fix the legislation.

Now maybe less restricted.

Holloway’s analysis of the effects of a May (2011) decision by the Pennsylvania Supreme Court in an Allegheny County case mirrors that of other attorneys interviewed at the time by The Associated Press. The court overturned the county’s more restrictive law, and although Lower Pottsgrove’s is less severe “our ordinance might very well not stand up” in court either, the solicitor acknowledged.

In what The AP reported as a “strongly worded, 23-page decision” written by Chief Justice Ronald Castille, the unanimous court said the county’s law would isolate (offenders) in “localized penal colonies” distant from families and old neighborhoods, and potentially interfere with their rehabilitation.

The county law prohibited offenders registered under Pennsylvania’s version of Megan’s Law from living within a 2,500-foot radius of schools, child-care facilities, community centers, public parks or recreational facilities. The Lower Pottsgrove law bars offender residency in any structure within 1,000 feet of those same locales. Megan’s Law set up a public database to track the whereabouts of known offenders.

Board of Commissioners‘ President Jonathan Spadt, who also is an attorney, agreed with Holloway’s assessment but said he was unwilling to simply scrap the township law. “You read the papers, and the number of repeat offenders is just too high for my liking. I hope we could try and figure out some way to retain our law’s safety features,” Spadt said. His board colleagues agreed.

Spadt suggested he and Holloway contact other municipalities and state legislators to determine how they intend to deal with the court decision. Commissioners subsequently decided to delay acting on the law until that research was complete.

“Being proactive,” Holloway said. “That’s the important part in this.”

Related:

• Township 2009 Sex Offender Law ‘Might Not Stand Up’
• Court Decision Could Affect Township Sex Offender Law
• Sex Offender Residency Limits Approved
• Sex Offender Law Hearing Approved
• Map Need Delays Sex Offender Residency Law
• Considerate Commissioners Meet Tonight
• Surprise! Township Board Cancels Meeting
• Township Advertises Sex Offender Residency Law
• Township Moves Toward Sex Offender Residency Law

Related (to the Lower Pottsgrove Board of Commissioners’ meeting of Aug. 1):

• Bridge, Guardrail Study Proposed For Pruss Hill Road
• Township 2009 Sex Offender Law ‘Might Not Stand Up’
• Commissioners OK KenCrest ‘Temporary’ Grenhouse
• Commissioners Gather For First August Meeting