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Sex Offenders in Your Neighborhood – Would You Prefer Residential Restrictions Or GPS Monitoring?

My experience with sex offender residency laws is limited to Miami-Dade County, Florida law, and the cities within the county’s boundaries. Every state, city, and community enacts different laws and therefore has different experiences enforcing them. So please don’t take my findings as set in stone. I invite readers to take my experience and match it with their own. Perhaps by doing this and forming a discussion, a unified approach to this problem can be found.

The main problem with sex offenders in Miami-Dade is that it basically falls into two categories: 1. The person is on probation and meets with a probation officer who checks his whereabouts and compliance with probation conditions. 2. The subject has completed his time and must report his address to the Sheriff’s Office four times a year (there is one police department in Miami-Dade County). The police will check the address from time to time to ensure that the address complies with the legal requirements.

The problem with the second category is that sex offenders may give false addresses to show they obey the law, or list themselves as homeless, allowing them to live anywhere. There’s really no way for the police to prove that a person doesn’t live at a certain address or that they’re not truly homeless. A sex offender can have a house across the street from a school or playground, list himself as homeless, and live his life. Being in the house doesn’t mean he lives there. The police will be forced to have the police look at my address and certify that he has been at the address for a period of time where he is legally a resident. Also remember that you can own a house but not live in it. Even sex offenders on curfew probation sleep at another address they provide as theirs and then return to their home after curfew ends (in Florida most sex offenders have a 10:00pm curfew by 6:00 am, so they’re free to walk around while your kids leave for school).

Another problem with residency restrictions is a phenomenon called pooling. Certain neighborhoods will be far from schools and parks and will be legal places for sex offenders to live. All the sex offenders started moving there, or congregating there. Then the community becomes inundated with sex offenders. The usual response is to enact laws that make sex offenders relocate to another community. This action is only repeated in cities and counties. Many sex offenders then disappear, while others simply list themselves as homeless and live wherever they want.

My answer to closing the loopholes listed above is to replace residential restrictions with GPS monitoring. This will give police, victims and the community real information about the whereabouts of sex offenders during the day and at night. GPS monitors allow police officers to know the exact location of a sex offender at any time of the day or night. This will allow police to know where the offender really lives and whether he violated a no-loitering zone around a school or daycare center. Best of all, when the criminal cuts his belt, the police are immediately alerted and know the approximate location of the sex offender at the time of the incident and either arrest the person or issue a BOLO (watch out). This is much more effective than waiting for sex offenders not to register.

As an added bonus, the device is able to notify victims, schools, daycares, etc. when a sex offender is within a few feet of their property. This will allow staff to be more vigilant in protecting children in their care and alert police if problems arise. This knowledge will provide real security to the community, not the security lip service that is offered now.

Now the downside is…the cost! These devices are not cheap and must be repaired. Many will be damaged, lost or destroyed. Police must also have officers or staff monitor the sex offender’s location and answer alerts. However, these costs must be weighed against the cost of harassing another child. This is a decision that community leaders and lawmakers must make.

If a community decides to use GPS monitoring, I would recommend that the community drop all residential restrictions and run an information campaign informing residents of who the sex offenders in their community are and where they live. Knowledge is the best defense. Residents should also know what sex offense the person was arrested for, rather than prosecuted for. There can be a big difference between why a person was arrested and why they were charged. These arrests will let residents know what kind of sex offenders are in their neighborhood (remember, a sex offender in your neighborhood could be a 35 year old man who just turned 18 with a 15 year old girlfriend, She was a week before turning 16 and is now married to the victim with two children from their 10 year marriage. If you knew this information about this sex offender, the way you treated him would be the same as you would know It was quite different when the perpetrator molested a 5-year-old boy).

A final added bonus is that offenders will be able to find shelter and possibly learn to reintegrate into society. A person with something to lose is easier to control than a person with nothing. These residency laws keep leaving these criminals with nothing to lose, causing many to reoffend.The worst thing is when a criminal decides he’s better off in jail and decides have fun before going back. Definitely a situation we don’t want.

Lawmakers need to decide whether they want to pay lip service to public safety against sex offenders, or actually give their citizens and police the tools they need to actually monitor this population. Knowledge is the key, not ignorance and fear. Knowing what you know now, would you rather be told where they can’t live, or know who they are and where they are? Which will make you feel safer?

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