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97 J. Crim. L. & Criminology 317 (2006-2007)
Never Going Home: Does It Make Us Safer - Does It Make Sense - Sex Offenders, Residency Restrictions, and Reforming Risk Management Law

handle is hein.journals/jclc97 and id is 327 raw text is: 0091-4169/06/9701-0317 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 97, No. I Copyright 0 2006 by Northwestern University, School of Law Printed in U.S.A. COMMENT NEVER GOING HOME: DOES IT MAKE US SAFER? DOES IT MAKE SENSE? SEX OFFENDERS, RESIDENCY RESTRICTIONS, AND REFORMING RISK MANAGEMENT LAW CALEB DURLING* One of the most hotly debated issues in criminal law today is how to manage the perceived risk of sex offenders loose in the community. Beyond mandatory registration and community notification, over a dozen states, including Illinois, have enacted residency restrictions that forbid sex offenders from living within a certain distance of schools, parks, day care centers, or even places where children normally congregate. This Comment scrutinizes these laws to see if they make sense, and more importantly, if they make us safer. The answer to both questions appears to be no. After detailing the statistical, political, and constitutional problems that render these restrictions ineffective and unconstitutional, I shift my attention to envisioning a better system of risk management. I end by critically examining best practice methods of states across the country that more effectively allocate finite resources to identify and control high risk offenders to prevent them from harming again, while allowing the vast * Several people deserve recognition for helping me throughout this process. First, thanks to Benno Weisberg, Becca Stem, Myra Sutanto Shen, and the editorial staff at the Journal of Criminal Law and Criminology for their thoughtful comments and suggestions from the first rambling draft to the last. Second, thanks to my parents, Mary and Russell Durling, and my siblings, Jacob Durling and Thea Durling. Last, my profound gratitude to my wife, Shannon Durling, for her support, love, and patience throughout a year and a half of hearing about sex offender laws.