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from the Morning Sentinel
AUGUSTA - A bill that started out as an idea at a neighborhood meeting died Wednesday. A legislative committee voted unanimously that Legislative Document 147 - An Act to Require as a Condition of Probation for Sex Offenders the Approval of a Residence by a Probation Officer - "ought not to pass."
The proposal will join hundreds of other bills in the legislative dead files.
But the idea behind it will live on.
Rather than send the bill to the full Legislature for consideration, the Criminal Justice and Public Safety Committee opted to send a letter to the court system asking it to change a form used to set guidelines for probation.
Bill sponsor, Rep. Patsy Crockett, D-Augusta, said that, while she was disappointed, she believes the committee made a good decision.
"Yeah, it would have been great to have the governor sign my bill. But the main thing is weÕre doing something," Crockett said when she learned of the committee vote.
Since January, the Kennebec Journal and Morning Sentinel have been following CrockettÕs bill through the legislative process.
Last fall, Crockett got the idea for the bill at a meeting with Lincoln School parents who were worried about sex offenders living near a park at North and Bridge streets.
They hoped that if probation officers approved where sex offenders lived, fewer of them would end up in the same neighborhood or near places where children congregate.
From the idea stage, the bill:
Each year, fewer than half of all bills actually become law. On Wednesday alone, the Criminal Justice committee killed six bills.
CrockettÕs bill didnÕt die without a fight.
The committee spent more than three hours discussing bills that seek to change state law with regard to where sex offenders can live. A subcommittee spent several hours on the issue prior to the work session, which is when the committee discusses the bill in public and takes a vote.
Initially, it seemed as though CrockettÕs idea of requiring probation officers to approve where sex offenders can live was going to become part of a larger bill.
Then the discussion began.
Rep. Stan Gerzofsky, D-Brunswick, worried that making it an automatic condition of probation for sex offenders was taking power away from judges.
"Let the judge do the judging," he said. "ItÕs appropriate to me to have the judge do it."
Kennebec/Somerset District Attorney Evert Fowle said the bill is necessary because sometimes the residency review gets overlooked.
"Sometimes, it just falls through the cracks of the system," he said.
But Walter McKee, an attorney who spoke on behalf of the Maine Association of Criminal Defense Lawyers, said judges can already make it a condition of probation if they see fit.
And, probation officers can file a motion with the court if they feel thereÕs a problem with where a sex offender is living.
"DonÕt presuppose a problem before it even gets there," he said.
At the same work session, the committee put together a bill that seeks to create "sex offender restricted zones," which would include schools, day-care centers, ball fields and others places where children typically gather.
Sex offenders could enter those zones, but if they were convicted of a sex crime against a child younger than 14 and made contact with a child younger than 14 in one of those zones, they would get a stiffer penalty. After some rewriting, the bill will move forward to the House and Senate.
But when it comes to residency, the committee decided against making it a mandatory condition of probation for probation officers to OK the residence of all sex offenders.
In the end, they decided to write a letter to the courts asking them to add a line to the probation form that the judge may or may not check off.
That decision appeased McKee.
"The court can do it now," he said. "They are just going to put it on the form so the court doesnÕt forget."
Crockett spent considerable time in the committee room waiting for them to take up her bill. But, as a member of another committee, she had to leave to attend to other duties before the vote was taken.
SheÕs holding out hope for the next time around.
After all, bills never really die.
"ThereÕs always next session too," she said, with a sparkle in her eye.
Susan Cover - 623-1056
scover@centralmaine.com

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