2nd try at restricting offenders

Convicted sex offenders would be barred from living in 80 percent of Marlborough, and from visiting such public places as the Solomon Pond Mall and the New England Sports Center, under a new proposal by Mayor Nancy E. Stevens.

But the proposal would permit Level 2 and 3 sex offenders who already live or rent property in the city to remain where they are.

The long-awaited plan unveiled Monday night was developed after the mayor's surprise veto of a more stringent residency measure three months ago. It would have banned convicted sex offenders from living within 2,500 feet of all schools and places where children congregate, a restriction that covers roughly 98 percent of the city.

The Massachusetts chapter of the American Civil Liberties Union expressed opposition, signaling that it would file a lawsuit against such an ordinance.

Stevens held weekly meetings with the police chief, legal counsel, and director of public works to come up with the new plan. Unlike the previous proposal, "it's not a total ban," Stevens said.

But Ron Madnick, executive director of the ACLU's Worcester office, questioned the ordinance's restriction barring sex offenders from public places -- a provision that was not part of the earlier proposal.

"It's not even a civil liberties issue, it's a practical issue," he said. "How are you going to know if a sex offender is in the Solomon Pond Mall? I'm amazed by the proposal."

The mayor's new plan would ban sex offenders from living within 1,000 feet of a school, day-care center, or place where children congregate. It would also cover facilities that care for people over the age of 60 and those who are mentally retarded.

The proposal identifies more than 50 public areas that would be off-limits to sex offenders, with the list including the Assabet River Rail Trail, the mall, and the New England Sports Center, as well as small businesses like Trombetta's Miniature Golf, Jean's School of Gymnastics, and Gee Cues Pool Hall, an entertainment business popular with children and young adults.

The new proposal would apply to all Level 3 offenders and any Level 2 offenders who have committed sex crimes against a child, person over 60, or mentally retarded person. Level 2 and 3 sex offenders are considered by state officials as the most likely to recommit serious crimes. The city's Department of Public Works mapped areas affected by the ban, using its global information system.

According to the state's Sex Offender Registry Board, one Level 2 offender and 12 who are Level 3 live in Marlborough. Those numbers are lower than previous figures, which officials believe had included double counting.

Sex offenders would be allowed to remain in their current residences, but could not move into a restricted area. Under the previous proposal, all Level 2 and 3 sex offenders would have been forced to move from the city, except those who were granted a home owner 's exemption.

City Councilor Steven Levy, who proposed the original ordinance, said he was he was "fine" with the new residency proposal. "There's a little trade-off. It basically opens up a little more of the city," he said.

However, Levy was unaware that the proposal could apply to areas like the mall. "That would be a stretch," he said, adding that it would raise questions about whether the city could prohibit sex offenders from a general shopping area.

City Solicitor Don Rider, who drafted the proposal, said banning sex offenders from recreation areas is not unlawful. "I don't think there's a Constitutional problem with that," he said. "Is it permissible? Yes. Is it enforceable? That's more of a police department question."

Police Chief Mark Leonard, who was part of the group that drafted the ordinance, said he thinks it is a tool for police to use. For example, if a registered sex offender was at the mall and told to leave by police and came back the next day, he could be cited.

"We can't check everybody who goes to the mall or sports center on a regular basis," he said. But the ordinance "is something we feel we could enforce to the best of our abilities."

He said he has mixed feelings overall about such ordinances.

"If you're going to have an ordinance like this, the one put forward is a pretty good one," he said.

The Police Department would be responsible for enforcing the new rule. Leonard said his office would notify violators by letter, giving them 30 days to move, and fining them $150. A second offense would carry a $300 fine with possible arrest. The police would also notify the violator's probation or parole officer, and the state's Sex Offender Registry Board.

Sex offenders would be allowed to visit schools and elderly facilities only with written permission from administrators at those sites.

Councilor Paul Clancy said he thinks a convicted sex offender who is trying to live lawfully and raise a family should be allowed to go to his child's hockey game, for example.

"I'm not in love with these people, really," he said of sex offenders. "But sometimes they want to change their lives."

Leonard responded directly to his concerns, saying the sex offenders affected by the ordinance have been convicted of serious crimes.

The City Council's subcommittee on legislative and legal affairs is to continue its discussion of the issue during a public meeting Monday at 6:30 p.m. in City Hall.

Megan Woolhouse can be reached at mwoolhouse@globe.com.