07/28/2011
By CINDY DOW
LAKEVILLE — In response to the recent attempt to have a level three sex offender placed in a stepped-down facility on Crooked Lane, Police Chief Frank Alvilhiera suggested to the Board of Selectmen that the town enact a sex offender residency bylaw to have a little more protection than it currently has.
At the selectmen's meeting Monday night, Chief Alvilhiera submitted an example of a sex offender residency general bylaw from Rockland, noting that there are quite a few available in the state.
"This goes into the residency of a level two or level three offender. There are different variations as it relates to maybe loitering, near a school or a park," he said.
Chief Alvilhiera said he was waiting for a call from legal counsel for the Massachusetts Chiefs Association for input on the different bylaws that he is familiar with. Chief Alvilhiera said he was seeking the board's authorization to go forward with seeing what else is available.
"I know there have been a few issues in a few other towns, where it's been raised that it's unconstitutional. Different versions have come out," he said.
The Rockland bylaw, approved in 2009, stipulates that a sex offender classified as level two or level three can not establish a permanent residence "within 1,000 feet of the town library, or any school, day care center, park, elderly housing facility or place of worship within the town of Rockland." If a sex offender does set up such a residence, each day the offender continues to live there constitutes a separate violation. For a first offence, the offender will be notified that he has 30 days to move. For a subsequent offense, a non-criminal fine of $300 is charged, and notification sent to the offender's landlord, parole officer and probation officer, as well as the state sex offender registry, that the person has violated a town bylaw.
However, Chairman of Selectmen Stephen Olivier noted that certain exceptions do apply, including one that could have allowed the level three sex offender to move into the facility on Crooked Lane, if the person qualified as a mentally ill person subject to guardianship, because he would have been residing in a group residence that is professionally staffed and supervised 24-hours a day.
"This particular bylaw wouldn't have helped out in this particular situation, at all," he said.
Chief Alvilhiera agreed that each bylaw would probably have situations that it wouldn't cover.
"I think if we research the ones that are out there, maybe we can come up with something that makes sense for the town," he said.
Selectman Scott Belliveau said he would like to see one that restricted any residency to a greater distance from schools, parks, and other areas. Chief Alvilhiera said some might be able to be adapted to a greater distance. However, he suggested that the attorney general would have to approve
Norman Orrall, who with his wife, Keiko, organized opposition to the proposed location of the level three offender on Crooked Lane, noted that Plymouth just recently had a bylaw fail, and others have been challenged in court.
"It's not necessarily an easy bylaw to adapt. You'd think you could maybe tailor it, but it's very tricky. But, anytime something can be applied to makes sense, its worth doing," he said.
Chief Alvilhiera said he was surprised to learn that bylaws attempted have not always gathered overwhelming support from the communities, which he would have expected. Mr. Orrall suggested trying to adapt one that has been approved for a while, and perhaps has even withstood a legal challenge.
