Nice work Rachel!

AG'S office gives nod to bylaw
 Decision paves way for sex offender ordinance in town
 
Eryn Dion
News Staff Writer

TEMPLETON - The state attorney general’s office this week approved new residency restrictions for Level 2 and Level 3 sex offenders living in town, allowing the ordinance to be incorporated into the town’s bylaws.

The law will prevent any Level 2 or Level 3 offender from establishing permanent residence within 1,000 feet of a public or private school, park, elderly housing facility, over-55 community, senior citizens center, or licensed day care. Violators will be given a 30-day notice to relocate, with each day of non-compliance after the 30-day period counting as a separate offense punishable by a fine of $300. Offenders are also prohibited from entering a school, day care center, over-55 community, elderly housing facility, or senior citizens center without prior written authorization. Offenders are also prevented from entering town parks, with each infraction also carrying a $300 fine.

The law will only apply to those moving in town — offenders already living within the restrictions will be grandfathered in.

Resident Rachael Messina, who sponsored the bylaw during July’s special Town Meeting, said she was grateful for the support offered by town officials and members of the community who helped guide her through the process.

“Without them, it would not have been a success,” she said.

Ms. Messina said she discovered that the town did not have a residency restriction bylaw on the books when McLean Hospital tried to establish a 22-bed substance abuse rehabilitation facility near a day care center and school several years ago. She said she was surprised by the number of communities lacking similar laws, and  she thinks the public needs to be educated about the protections in place.

“Many people in the community thought the state law was all that was needed, not understanding that it is up to each town to create a sex offender bylaw,” she said.

This is not the town’s first attempt at creating such a law. Two years ago, a similar version, also proposed by Ms. Messina, was approved at town meeting only to be rejected by the attorney general’s office because the language was not up to par. Instead of becoming discouraged, Ms. Messina said she studied similar bylaws enacted in more than 35 other communities and started again.

“I was determined to learn, research and educate myself about other sex offender bylaws and propose a bylaw based on the language I found,” she stated.

Police Chief Michael Bennett offered his support of the law on the floor of Town Meeting, along with several town officials. Although the attorney general’s office signed off on the bylaw, its review recommended that the town make minor changes and consult with legal counsel before its official adoption.

“Although we approve Article 7, we urge the town to discuss the application of the bylaw and other issues identified in this decision with town counsel,” the decision reads.

While acknowledging that the restriction won’t necessarily prevent or deter incidents, Ms. Messina said having it in place will help set boundaries and remind members of the community to be vigilant.

“The bylaw is not going to stop people from doing what they want to do, and a fine won’t necessarily stop that either,” she said. “It is up to us as a community to be vigilant, educated, aware, and care about our neighbors and take a stand if something does not seem right.”

Winchendon is seeking approval of a similar measure passed by voters in August. Gardner is also working through the process of establishing an ordinance that will prevent Level 2 and Level 3 sex offenders from loitering within 300 feet of schools, playground, elderly housing and other public places.