Dangerously Close: Is the Oneida County law effective?
By: Chelsea Rarrick
Updated: February 21, 2013
If a registered Level 2 or Level 3 sex offender simply walks through the
city of Utica, there's a good change they're breaking the law.
"They're supposed to refrain from entering that 1500 foot," said Assistant County Attorney for Oneida County, Raymond Bara.
The Oneida County Board of Legislators passed a law in 2007 banning registered Level 2 and 3 sex offenders from living or entering within 1500 feet of schools, daycare centers, or public parks.
But in our investigation, Eyewitness News found registered sex offenders living within 1500 feet of elementary schools in Utica.
One was living just under 500 feet from one of the schools.
But officials say he's just fine living there. He's grandfathered in because he moved to that address before the 2007 law.
But, two others were in violation.
So who's checking?
Raymond Bara says it's supposed to be enforced by law enforcement and addressed if there are complaints.
"Parents with children who are concerned about violations or what they think are violations of the law should contact their local police agency, not rely on parole or anything like that," said Bara.
At least one parent says they should be able to rely on those agencies.
"It's their job to maintain and check up on them, to know where they are at, what they are doing," said Zulma Santiago.
For the offenders Eyewitness News found in violation, Utica Police Chief, Mark Williams says right now they aren't investigating complaints.
"Speaking to our legal department we are both in agreement that we are not going to enforce this county law until our concerns are addressed regarding it," said Chief Williams "At this point we're not arresting anyone on this county law."
Chief Williams says some of those concerns include whether or not the law is even reasonable.
The city uses a map to show where registered sex offenders can and can't live.
According to the map, there's only a few "free-zone" spaces.
"It leaves very few slivers for where they can actually live. It leaves pockets in North Utica, pockets in East Utica, the marsh, the waterways, places where there are not houses," said Chief Williams.
"Maybe it is unreasonable, maybe we can do something about that, but the fact of the matter is that they created their problem by doing what they did, not us," said Chairman of the Oneida County Board of Legislators, Gerald Fiorini.
Fiorini was one of the members who introduced the law in 2007.
Despite the map with little or no vacancy for offenders, some parents say they don't care.
"They should have their own little community where they can turn around and be with each other. As they say, birds of a feather flock together," said Patricia Seigler
With a state law having 1000 foot restrictions and the county having 1500 in effect, Eyewitness News asked: is this working?
"It's not effective at all," said parent, Zulma Santiago. "They need to get together on that and communicate within the law to try to come up with a reasonable idea."
"That may be confusing, one law says 1000, one law says 1500 we can work that out," said Fiorini. "Let me look into it, and maybe we'll come up with a solution where we can just go by the state of 1000 feet."
Chief Williams does want to point out they are enforcing the state law.
He says the department monitors them and does unannounced home visits for registered sex offenders.
"They're supposed to refrain from entering that 1500 foot," said Assistant County Attorney for Oneida County, Raymond Bara.
The Oneida County Board of Legislators passed a law in 2007 banning registered Level 2 and 3 sex offenders from living or entering within 1500 feet of schools, daycare centers, or public parks.
But in our investigation, Eyewitness News found registered sex offenders living within 1500 feet of elementary schools in Utica.
One was living just under 500 feet from one of the schools.
But officials say he's just fine living there. He's grandfathered in because he moved to that address before the 2007 law.
But, two others were in violation.
So who's checking?
Raymond Bara says it's supposed to be enforced by law enforcement and addressed if there are complaints.
"Parents with children who are concerned about violations or what they think are violations of the law should contact their local police agency, not rely on parole or anything like that," said Bara.
At least one parent says they should be able to rely on those agencies.
"It's their job to maintain and check up on them, to know where they are at, what they are doing," said Zulma Santiago.
For the offenders Eyewitness News found in violation, Utica Police Chief, Mark Williams says right now they aren't investigating complaints.
"Speaking to our legal department we are both in agreement that we are not going to enforce this county law until our concerns are addressed regarding it," said Chief Williams "At this point we're not arresting anyone on this county law."
Chief Williams says some of those concerns include whether or not the law is even reasonable.
The city uses a map to show where registered sex offenders can and can't live.
According to the map, there's only a few "free-zone" spaces.
"It leaves very few slivers for where they can actually live. It leaves pockets in North Utica, pockets in East Utica, the marsh, the waterways, places where there are not houses," said Chief Williams.
"Maybe it is unreasonable, maybe we can do something about that, but the fact of the matter is that they created their problem by doing what they did, not us," said Chairman of the Oneida County Board of Legislators, Gerald Fiorini.
Fiorini was one of the members who introduced the law in 2007.
Despite the map with little or no vacancy for offenders, some parents say they don't care.
"They should have their own little community where they can turn around and be with each other. As they say, birds of a feather flock together," said Patricia Seigler
With a state law having 1000 foot restrictions and the county having 1500 in effect, Eyewitness News asked: is this working?
"It's not effective at all," said parent, Zulma Santiago. "They need to get together on that and communicate within the law to try to come up with a reasonable idea."
"That may be confusing, one law says 1000, one law says 1500 we can work that out," said Fiorini. "Let me look into it, and maybe we'll come up with a solution where we can just go by the state of 1000 feet."
Chief Williams does want to point out they are enforcing the state law.
He says the department monitors them and does unannounced home visits for registered sex offenders.
