17 - AMENDING RESTRICTIONS FOR REGISTERED SEX OFFENDERSItem No. 17
memorandum
TO: City Council
John Godwin, City Manager
FROM: Bob Hundley, Chief of Police
SUBJECT: AMENDING SECTION 21 -200 OF THE CODE OF ORDINANCES
RELATING TO RESIDENTIAL RESTRICTIONS FOR REGISTERED SEX
OFFENDERS
DATE: April 4, 2017
BACKGROUND: This ordinance was passed in 2010. The purpose of the ordinance was to
restrict registered sex offenders whose victims were under the age of 17 from establishing
residence within 1000 feet of a school, child care facility, child care institution, park or
playground or other places defined as child safety zones.
STATUS OF ISSUE: Occasionally, registered sex offenders who meet the criteria of the
ordinance require either short term or long term care in rehabilitation and long term care
facilities (essentially, nursing homes). By coincidence, there are no such facilities in the City at
this time that are not located within 1000 feet of one of the listed areas, effectively prohibiting
registered sex offenders who need to be admitted to such facilities from receiving the care they
need. Currently, the ordinance does not provide a remedy for those sex offenders who may need
care in such a facility on a temporary or permanent basis. We are asking that the ordinance be
amended to set forth criteria under which a registered sex offender, under certain circumstances,
would be permitted to reside in a long term care facility and a procedure by which the a
registered sex offender meeting the criteria may apply to the chief of police for a waiver of the
residency restrictions for such short-term or long -term residencies.
The proposed ordinance provides that the affected sex offender fill out an application and present
it along with supporting documentation and a physician certification that the offender meets the
criteria set forth in the ordinance. An application for waiver related to a short-term admission
(less than 6 weeks) will be approved if the applicant's mobility is impaired to the extent that it
would be difficult for the applicant to leave the facility unassisted. An application for a waiver
related to a longer term admission will be granted if the applicant is non - ambulatory, i.e., he is
bedridden and cannot walk without assistance from another person.
We believe that these amendments balance the need for persons affected by ordinance to receive
necessary health care services with the need to ensure the safety of children in the surrounding
areas as well as the vulnerable population residing in the health care facilities themselves.
BUDGET: There is no impact to the budget.
RECOMMENDATION: A motion to amend the ordinance as presented to the council is
recommended.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ARTICLE VII, "RESIDENTIAL RESTRICTIONS FOR
REGISTERED SEX OFFENDERS," TO CHAPTER 21 OF THE CODE OF
ORDINANCES OF THE CITY OF PARIS, TEXAS; PROVIDING A PROCEDURE
FOR REGISTERED SEX OFFENDERS TO APPLY TO LIVE IN LONG -TERM
CARE FACILITIES; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris determines and declares that sex
offenders who have committed sexual offenses against children are a threat to the health,
safety, and welfare of the children of the City; and
WHEREAS, the City Council determines that the recidivism rate for released sex
offenders is alarmingly high, especially for those who commit their crimes against children;
and
WHEREAS, the City Council determines that establishing a policy to restrict the
residency of sex offenders will provide better protection for children gathering in the City;
and
WHEREAS, Article 42.12 (1313) of the Texas Code of Criminal Procedure provides a
1,000 foot safety zone for children, as a condition of probation for those convicted of
certain sexual offenses; and
WHEREAS, on September 27, 2010, the Council passed Ordinance No. 2010 -038
prohibiting registered sex offenders as defined therein from establishing a residence within
one thousand (1,000) feet of a school, child care facility, child care institution, day care
center, park or playground or other areas defined as a child safety zone; and
WHEREAS, occasionally, a registered sex offender subject to the provisions of
Chapter 21, Article VII of the Code of Ordinances requires short -term or long -term care in a
rehabilitation center, nursing home or other longer term health care facility; and
WHEREAS, at the time of the enactment of this ordinance, all such facilities within
the City of Paris fall within the boundaries of one or more child safety zones; and
WHEREAS, the City Council finds it to be in the interest of justice to provide a
procedure whereby a sex offender subject to the residency restrictions in Chapter 21,
Article VII may establish a temporary or permanent residence in such a facility for the
purposes of obtaining healthcare or assisted living services under certain circumstances
that will not undermine the safety of children in said child safety zones;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby
in all things approved.
Section 2. That Article VII, Residential Restrictions of Sex Offenders, to Chapter 21
of the Code of Ordinances of the City of Paris, Texas is hereby amended by adding Sec. 21-
206 to read in its entirety as follows:
"Sec. 21 -206. Waiver of residency restrictions for purposes of establishing
residency in long -term care facility.
"(a) Definitions. For the purposes of this section, the following terms will have the
following meanings:
"Applicant means a registered sex - offender subject to the provisions of this Article
who applies with the Chief of Police for a waiver of the restrictions of this Article for
the purposes of establishing a short -term or permanent residency in a long -term
care facility for the purposes of receiving medical, rehabilitative, or hospice services
or for the purposes of receiving long -term care due to the infirmities of age.
"Convalescent Home means any structure used for or customarily occupied by
persons recovering from illness or suffering from infirmities of age.
"Chronic Care Hospital means an institution where those persons suffering from
generally permanent types of illness, injury, deformity, deficiency or age are given
care and treatment on a prolonged or permanent basis and which is licensed by the
state of Texas.
"Hospice Residential Care Facility means a freestanding licensed hospice facility
which provides palliative and supportive medical and other health services to meet
the physical, psychological, social, spiritual, and special needs and /of terminally ill
patients and their families in a residential setting.
"Long -term Care Facility means a convalescent home, hospice residential care
facility, chronic care hospital or residence home for the aged as defined herein.
"Non- ambulatory means bedridden and incapable of walking without assistance
from another person.
"Residence Home for Aged means a home where elderly people are provided with
lodging and meals with or without nursing care.
"Short -term residency means an admission to a long -term care facility for the
purposes of physical rehabilitation for a period of less than six (6) weeks.
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"(b) Procedure for obtaining waiver of residency restrictions. A registered sex
offender subject to the provisions of this Article may apply to the Chief of Police for
permission to establish a short -term or permanent residence in a long -term care
facility. The Chief of Police shall implement an application procedure which will
require that the applicant submit the following:
"(1) A completed application form verified by the applicant or by the
applicant's legal guardian or next of kin if the applicant is incapable of
verifying the application.
"(2) A statement by a physician licensed to practice medicine by the State
of Texas certifying:
a. The condition or conditions for which admission or residency in a
long -term care facility is necessary.
b. That the applicant is non - ambulatory and otherwise incapable of
moving from place to place unassisted, or, if the placement in the
long -term care facility is to be for less than six (6) weeks' duration
(short -term residency), that the applicant's mobility is impaired to
the extent that it would be difficult for the applicant to leave the
facility unassisted.
c. The length of time the applicant is likely to require residency in
the long -term care facility.
"(3) Documentation in the form of medical records supporting the
allegations in the application and physician's certification. The Chief
of Police, at his or her discretion, may limit the forms of
documentation required to clinic notes, history and physical reports,
admission notes, discharge notes or similar documents.
"The application shall be deemed received when the application, physician's
certification, and supporting medical documentation have been submitted to the
satisfaction of the Chief of Police and certified by him as received and adequate upon
which to base a decision for approval or denial. The Chief of Police shall then have
ten (10) business days to either approve or deny the application.
"(c) Criteria.
"(1) Short -term residency in long -term care facility. A properly submitted
and documented application to establish a short -term residence in a
long -term care facility will be granted if the mobility of the applicant
is impaired to the extent that it would be difficult for the applicant to
leave the facility unassisted as certified by physician licensed to
practice medicine in the State of Texas.
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"(2) Permanent residency in long -term care facility. A properly submitted
and documented application to establish a permanent residence in a
long -term care facility will be granted if the applicant is non -
ambulatory as certified by a physician licensed to practice medicine in
the State of Texas."
Section 3. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City of Paris not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section S. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 6. That any person violating any of the provisions of this ordinance shall
be guilty of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed
$500.00, and each and every day's continuance of any violation of the above - enumerated
sections shall constitute and be deemed a separate offense.
Section 7. That this ordinance shall become effective upon its passage and
publication as required by law.
PASSED AND ADOPTED on first reading this 22nd day of May, 2017.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Steve Clifford, Mayor
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