17-Deliberate and possibly act on an Ordinance establishing zones excluding sex offenders from residing near premises where children gather

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CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 08/28/2010 Council Date: Police Bob Hundley 17. 09/13/2010 RECOMMENDED MOTION: Not an action item - First Reading. [IF SUPERMAJORITY RULE INVOKED - Move to approve an ordinance excluding persons required to register as a sex offender from residing within a 1,000 foot zone around the real property of a school, childcare facility, childcare institution, park or playground or other child safety zones.] POLICY ISSUES): Public safety BACKGROUND: During the comment period at the August 9, 2010, City Council meeting several citizens spoke against a registered sex offender who recently returned to their neighborhood on the northwest part of town. The issue highlighted the lack of a local ordinance governing where child sex offenders (those who victimized persons under the age of 17) can and cannot live. An ordinance cannot require registered sex offenders who have already established a permanent residence to move and would only be used for new offenders or if the presently registered offenders decided to move. The proposed ordinance proposes a 1,000-foot exclusion zone around the property lines of schools, childcare facilities, childcare institutions, parks, playgrounds, or other child safety zones (two other accompanying maps show 500-foot and 750-foot zones). When determining the radius of an exclusion zone, a balance must be struck in two areas. First, the ordinance must not exclude so much of the city that an offender is effectively banned from living in town or large sections of town as this may not pass judicial review. Second, if it is too difficult for an offender to find a place to live and register, they might be forced underground without registering and we lose track of where they are. Restrictions on sex offenders are only available while they are either on probation or parole. Once a convicted individual has satisfied the requirements of sentencing (e.g. incarceration), the only remaining requirement is registration. Registration can be anywhere from once a year to once every 90 days, depending on the nature of offense and criminal record of the individual. Most studies regarding sex offenders show there is a low percentage of recidivism for sex offenders (Hanson 2004). After 15 years, 73 percent of convicted sex offenders had not been charged with or convicted of another sexual offense; i.e. 27 percent of sex offenders did reoffend. The Hanson study also states for those that reoffend, there are multiple offenses committed before being charged. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Ordinance; Child Safety Zone maps; Child safety zone list; Registered sex offenders residence map. ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ® Resolution Budgeted Amt. $ ® Presentation ® Ordinance YTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ® City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ® Legal ❑ Library ® Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 122