Program Goals/Program Components
The goal of residence restrictions is to deter persons convicted of sex offenses from sexual predation and committing sex offenses, especially against children. In Florida, residence restrictions for persons convicted of sex offenses have been enforced since 1995. This statewide law requires registered those on probation to reside more than 1,000 feet from schools, parks, playgrounds, day care centers, school bus stops, or other places where children may congregate.
However, in 2005, the city of Jacksonville passed an ordinance increasing the state’s residence restriction parameters. The new ordinance required sexual predators to reside more than 2,500 feet away from any place where children congregate; however, it also included a “grandfather clause”, which allowed predators to remain where they were residing prior to the effective date of the law.
Target Population
In Jacksonville, the residence restriction law specifically targeted sexual predators and registered sex offenders (RSOs) on probation. “Predator” is defined as a person convicted of more than one sex crime, or someone convicted of one particularly egregious sex crime such as abuse of a minor (Nobles, Levenson, and Youstin 2012).
Program Theory
There are several theories that underlie the passing of residence restriction laws. For instance, routine activities theory suggests that crime is most likely to occur in the presence of a motivated person, access to a potential victim, and the absence of guardians (such as police) who could prevent criminal activity (Cohen and Felson 1979). It is believed that by removing a potential victim (i.e., a child) and keeping sex them away from areas where children may congregate, sexual abuse and other sex crimes can be prevented.
Another theory, distance decay, suggests that proximity to a person convicted of sex offenses increases the likelihood of victimization (Rengert, Piquero, and Jones 1999). Other research also suggests that there is a link between geographic patterns of offending and crime-related decision making. These theories imply some aspect of rational choice, and suggest that sexual predators with unrestricted or unmonitored access to potential victims are more likely to commit sexual assaults. Therefore, residence restriction laws are designed to diminish the risk posed by sexual predators to potential victims (especially children) by decreasing access and opportunity (Nobles, Levenson, and Youstin 2012).
Additional Information
In 2007, the Jacksonville residence restriction law was deemed unconstitutional because it preempted the state’s 1,000-foot law (Nobles, Levenson, and Youstin 2012). Therefore, RSOs in Jacksonville are currently only required (by state law) to live more than 1,000 feet away from places where children congregate.