Last Tuesday, the state Court of Appeals ruled that local governments cannot impose their own conditions on where sex offenders may live.
The Court struck down a Nassau County law that would have prohibited “level one” sex offenders (those considered least dangerous) from living within 1,000 feet of a school.
The Court found that state law applies residency restrictions only to level three sex offenders (those considered the most dangerous), and ruled that local governments are preempted by state law because the state has adopted a comprehensive sex offender policy.
The ruling is likely to be applied to all similar local laws throughout the state, not only Nassau County’s law. It’s very likely that we will see some legislative action this session to allow local governments to set limits on where sex offenders can live.