ALBANY, N.Y. — New York’s highest court has ruled that state law determines where sex offenders can live in a community, not the growing number of municipal ordinances setting boundaries around parks, schools and other areas where children are likely to gather.
The Court of Appeals ruled unanimously Tuesday in a case out of Nassau County, saying New York’s “comprehensive and detailed” statutes and regulations for identifying, restricting and monitoring registered sex offenders prohibit localities from enacting their own residency restrictions.
Judge Eugene Pigott notes state law already prohibits offenders considered level three, or highest-risk for new offenses, from any public or private school grounds, or in a publicly accessible area or parked car within 1,000 feet.
He notes that has been interpreted by courts as prohibiting them from living within 1,000 feet.
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