I am supervising a sex offenderwhose home shares a boarderwith a middle school. The original judge did not make him move. That judge is now retired. The neighbors are extrememly upset.

As a condition of probation on sex offenders, if they live next door to a school, can they be forced to move? The sex offenderowns the home.

At this time there are no violations of probation to file on this probationer.

A judge can set any condition "reasonably related" to the safety of the community or the probationer's rehabilitation. One one hand, the time that the probationer has lived there without problem would weigh against moving him; on the other, his treatment provider might testify that such a living arrangement is detrimental to the rehabilitaive goal of probation. The short answer is yes, a judge may order a probationer to move away from kids.

[This message was edited by BLeonard on 04-23-05 at .]