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By KYLE ALSPACH
Sentinel & Enterprise
FITCHBURG, Ma. — A city councilor will soon propose a new law that would ban most sex offenders from living near schools, day care centers, parks and the public library in Fitchburg.
At large City Councilor Dean A. Tran says the ban would prohibit Level 2 and Level 3 sex offenders from living within 1,000 feet of those places.
Tran said a similar law has been passed in other cities and states, but it would be the first of its kind in Massachusetts.
“We need to keep sex offenders away from places where children congregate,” said Tran, who plans to file his proposal this week. “This would serve as a safety net.”
The law would affect 28 sex offenders who are registered as Level 3 in Fitchburg, and 90 who are registered as Level 2, Tran said.
Level 3 is the most serious classification, given to people deemed most likely to re-offend.
Level 2 denotes a moderate risk for re-offending.
Ronal Madnick, director of the American Civil Liberties Union’s Worcester chapter, said he thinks the ban would essentially ban sex offenders from living in Fitchburg altogether.
“Every place in Fitchburg is probably within 1,000 feet of a school, a library, a park or a playground,” Madnick said. “I don’t know if constitutionally, you can ban someone from a whole community.”
Tran said he doesn’t believe the restriction is unconstitutional, though, noting that it would not affect sex offenders living in Fitchburg already.
The ban would only impact sex offenders seeking to move to Fitchburg, or those who wish to relocate within the city.
Tran suggests that when a sex offender registers with the city police department — as required by law — the police would determine whether they planned to live in an acceptable location.
If not, the police would inform them of the city’s law.
“If a sex offender were to violate the law, they would be subject to being arrested,” Tran said.
At large City Councilor Stephen L. DiNatale said he believes the proposed law could help keep sex offenders from “high-risk” situations.
DiNatale, a forensic supervisor with the state Department of Mental Health, works to make sure that convicted sex offenders receive the proper mental health services after they are released from prison.
“They’re never going to be cured, but you hope to place controls in,” he said. “This could be one more measure to help protect the public.”
DiNatale said he would support the law as long as it could pass constitutional muster.
A similar law took effect in Iowa last September. The law prevents people convicted of sex crimes involving children from living within 2,000 feet of a school or day care center.
Several cities in Texas have also passed a law restricting offenders from living near parks, schools, churches, swimming pools or community centers.
Madnick said he worries the law might actually discourage sex offenders from registering, which could make the problem worse.
“They might not register, and not get treatment. It might drive them underground,” Madnick said. “Would that make us more safe, or less safe?”