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9.b) Proposal for Ordinance Concerning Sex Offender Residency Limitations � + Meeting Date: 8/18/2009 Agenda Item: -� - `'� � �'�`..� City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Discuss proposal from Council member polores Peterson that the city consider an ordinance to establish residency limits for sex offenders. Deadline/ Timeline: N/A Background: • Council member Peterson has requested that the city consider an ordinance similar to one adopted by the City of Wyoming in April, 2006. The ordinance is almost identical to an ordinance adopted by the City of Taylors Falls in February, 2006. • The Wyoming ordinance(attached) makes it unlawful for a designated offender to reside within 2,000 feet of any school, licensed day care center, park, or playground or within 1,000 feet of a designated public school bus stop, place of worship that provides educational progams, or other places where children are known to congregate. The ordinance also prohibits designated offenders from participating in certain activities where children are likely to be present. • Staff conducted some preliminary research into this type of ordinance and found no other Minnesota cities that had adopted similar regulations. It appears that Maplewood considered a similar ordinance, but did not adopt it (see Pioneer Press news story, attached.) • Wyoming and Taylors Falls staff was contacted about their experiences with their ordinances. Wyoming has not needed to bring any enforcement actions,but the administrator reported that it had served as a deterrent on at least one occasion when an offender was rumored to be moving into the city. Taylors Falls staff reported no known incidents of offenders proposing to move into their city. Neither ordinance has been challenged in the Courts. � An inquiry was made to the Minnesota League of Cities for any information they might have about this type of ordinance. League Attorney Alexis Stangl provided some general information on Minnesota cities' authority to adopt such an ordinance, and some Page 1 of 2 07/21/09 additional resources. This information was provided to City Attorney David Hebert, who will be able to offer further comment at the Council meeting. • An attachment to Ms. Stangl's message was a transcript of a court case (Doe vs. Miller) heard by the U.S. Court of Appeals upholding a similar residency requirement imposed by the State of Iowa. (The first page of the decision is attached.) The federal court upheld the constitutionality of the Iowa law. However, Iowa recently eliminated the residency rule for other reasons (see attached news story from Cedar Rapids Gazette.) � The Minnesota Department of Corrections has many reports concerning sex offender laws available on its web site, as noted by Ms. Stangl. The table of contents and executive summary of one of the reports is attached. The report concluded that residency restrictions would likely have, at best, only a marginal effect on recidivism rates for sex offenders. Recommendation: I recommend that the Council discuss the information provided and give direction for next steps, if any. If the Council is interested in considering an ordinance, the next step would be for staff to prepare a draft and schedule a pubic hearing before the Planning Commission. (The hearing is recommended as these restrictions are land-use related, and state law requires a public hearing for such regulations.) Attachments/ • Newspaper clippings (provided by Council member Peterson) Materials provided: . City of Wyoming Ordinance No. 04-04-06 • "Sex Offender Residency Debated: Maplewood City Council Considers Restricting Where Convicted Molesters Can Live", St. Paul Pioneer Press, April 6, 2006. • E-mail dated July 7, 2009 from Alexis Stangl, League of Minnesota Cities � Doe vs. Miller(page 1) • "Sex Offenders Look Forward to End of Exile", Cedar Rapids Gazette, June 28, 2009. • Excerpt, "Residential Proximity& Sex Offense Recidivism in Minnesota", Minnesota Department of Corrections, April 2007. Contact(s): Prepared by: Anne Hurlburt, Administrator (sex offender ordinance) Page 2 of 2 07/21/09 Ji1V�«y oecore the meeting. from the department of WYOMING REPORTER Md)!Or Sheldon Anderson corrections indicating that �y.oming C�ty and Council member Joe the job is tougher for.pro- Council has Zerwas were on the:Founcil bationers. The ordinance tabled a deci- ��hen the or�ginal:,agree=. has : preyented offenders si��n For a development ment was made. Council from moving to the cit�y. alid JOBZ agreemeii}'w�'tl� n?ember Roger Elmore was � (Xccent Inc') �is sta'te of-` familiar witti''t'he agre'emen`t He said Wyoriiing is ficials:;want :t� be.dealing �S. a .,former, town,board only the second city'in tHe with only the JOBZ infor- member, = - state.[o do this:(�restrictrar- mation, aiid not eoncern eas in which sexual of�'end- themsel�e�lvith land devel- be Russ Go dge was con- the ordi,n n)c.e�sfor t}ie c�of �,. opmc n,t aypects of the:deal _:�cerned,� abo,ut- mak�ing_��a to do the best:it can.to,.pro.-- The arc i w}iere the .p�ant dec�sion w�thout a chance tect its�citizens�, the mayor is to de lo«ted �s soufh of` to review the`clocurilent as said�: �, the Fair�ttw caiupus�oii the� .did memb�r _ L�nda'��Yea�- � �� '� �� east s�de of I 35 , ger Tliere was a �0 rninute; Mat.tson.tisaid'.the rriap Thz+`d�,velo ment agree �; •recess��a�ter wh�ch�Zerwas� showing restricted�areas is � a ° ° `' - updated each fall, based rncnt ha� ilrea�i� b�zn� ap=`, observed thaf..Goudge�and . � pro��d'�but' �state .ot�i�ials Ye.�gzr had.only been. �n_ on.school,bus routes, .;Un-; reyuc.;tzi3, the� separ�iti�on: troduced .to thc, ,material �ess th'ere is,.a: big ch;ange,. ,of thc, :�platine�l unit -de that eyening. , A decision M��ttson tolc� the coiincilsto;. �e(opment igrec,ment be�;. was ma�ie to t�ibic, the,deci- p�an on.a m�p update eacti- if�we�n t��i� c,it inci Xecent, sion until Ju�ie 16. �� ' � � S�Ptember. �, � �� Yr from th� bu�ine5, subsidy,. SEX OFFENI�ER"S � DRIVER NOTICE (JOBI��, �Ot�tion of� ��thc,, _ � � , . a��te�mcitt �he�.�oil i`s`t�o ' �.�� Couneilcom,pl�t�d i.se� . '" ��r��omm�,nd�tfion,��' ke�,p ]mc� �nd ;;tax issues• g, f� �of M'i�ftson c�un�i�l �a � . ond reidin of th� imenci- � p��. 4s`e-,'p i� itc: nt�nt to thesexual ot�en�iers �rOVt'`� <in intcrim amei�d ;; ` �, iiid sexual preciator �j��_ rnent to:�the adnu►uSUative.,. �'Th�iD.��lr'tin�,nt-�ofzEm • �� fine ordii�ance t�o incl:ude,'. pl�yme,i�'T. �ncl�� Economu nance The ime,ndmt��[ is. � � ,to,expand the arei{c.overed.' dDiving�iround,Li'i�rricades. ,.; Dev�lopmc nt �vill ��gulate by the city ordinance��to� � ho,'.w Xcce�it I�ves up to its � �� ,z , <� � ,, ��W��h�roacl �vqrk tak'i"ng"� ' � �gre�mcn�t fo p��v�dz ;60 include al,l the area of�the Place on Gooclvic,w, Wyo_, full tune=eyuivalent obs f�imer township.,�,� min� T�iiil�and Falibrook;` . in'F``thc, u[y by Octobcr'31; There w,ere ;no ,pwtilie restnc,tions on these street's' 20i1 1 The b i5e sal iry for ��n?n�ellts and:the hearing �re for 9oca1 tcaffic only"' tfie'_se�obs must be it'leasc <adjourned:quickly:.. Th!S W��,Pui some`brte irito $1 i�"66 p�r�yhour. �� `�' '' �� citaUons;�for�those'�vho��`ig�= � � '� �The rnap shoived a �few nore the barricade signs. �If Xccent I.�:�;ps �ts end areas w�tfi'm `the requi�ed � -' �� . of;the har�ii�l ;it receiXes distance from' 6us stops, �Mattson said .the"fines t�ix benefiYs one of titihich day` care centers, churches, W�� be a little less than a is fhat 'the c,orporite prop- Where ofTenders could li've. traf�ic citation, but,also less — erty taxes paid are based on I'eager asked if there �had likely to,be appealed. The only the land value,not the been any applications from amendment was approved sufisequeiit� impr�'vements fociper ofl'ende�s to move 5-0. to the land. The bene�f'�'ts �nto the city: �� By way �of ��assisting of.1�OBZ in'Mirtnesota last _ iVlattson said there have residen'ts .living �along tbe o�ily through 2014; accord- been.a few inquiries about streets where there is con- ing to Craig Mattson, ad- the ordinance and callers struction, rear view mirror ` ministrator.' have been infonned 'of re- hangers are being made so � The information iii two strictions. � � police can quickly�identify � substantial dqcuments w was received by council Andersqn said foureom- „��; � t" H�ST plaints have been received ,.. �.,�,; EXCH i :ammunity in�fo meeti-ng �h�.*k�l`�,d�5�o�� .Cli}is�a� �o �C'it sex ` t �ffe�n�d�e .. g . �.3' 1' UF.NISE A1AR7'IN ever ;public infonnational meeting who, wi[h;expe►t psycholog:ist input, ber 9 Holmgren was offic'iallyid'esig-' Nov; IO,.accor�ing to`.Chisago C� a�es Area Police Department in about a Level III sex offender, resid= usu�ally eval'uate an offenaer�at tlie �nated�a��`,Level�II�I�" �� ' •�� ""'ty Atto'r'ney'�Janet R'eite�,��vho �peration wiUi the Minnesota ing in the Chisago Lakes area. This time they a�� r Ic;��cd�t�rom � !:�� H�ofri�aren resides with �his� girl- attendcd Mond.iy's meeting. pt. of Corrections held its tirst- case is also another"f►rst" in,that;the correct►ons facility and assign a le.yel friend a'n'd'her f5rriily in�a�single�fam- ' `Holnig"ren must adhere to the I ��,,. � � , . � ,,, k.`, offender was assessed,;and•issued.a based�on'tiistory and I�l.elihood to re- ily:house�on'�284th'Stree��infCtiisago "regWatiiig Level 'II[ otfenders � ;-" w � `f `4` Y ' � This local, offen�ier w,ent City. " f�� •=� ",' " �" r2:01`7; "'iiicluding registering ,�.r,,� �� Level.II[ status onl aftec Chief of offend. ' ' � , ��' � �� Police Kevin �Stenson re uested-�th,e throu h ttie cocrect►ons s stem.,in ��He catrie#[o M�'�nesota�af[er servin ' ��vhereabouts �i%i[h�'loca'f�l�aw ento � ,"��fa��; 9 � :�� , . �- ,.„rY , •u.�1 r.�, ;� � „ �, g.�, . �" ��` " `�� special processing. Nehr�iska,and ha�;no leyel'designa !��i�: ,cntence fora��1995�criminal�sex ment.� ��,qny community he'd ch� '��`;�;.►'�,,,� �� ,.� �:� Dept. of Corrections�meeting:facil- tion. � �� , , ;�� ual' conilu'ct offense corrimitf`ed �n ��'to reside��i��n �vould`'be��f�ee to�ho ,� � :� : . f �� ,��..,��,• itaror Scott Behrendssaid�this case is There's_oft�enciers�.�in the�sy�tem_at Nebraska:�� Th�e� cnriie' �was� an'' �.publrc��informational meeting. �� ,�r= �� the first time the End�of Confinement I:evels 1,,II and��I[I and,,,there .�e }aCf:e;mpted;�ab'duction anii°�sexu'al=�con-'� �� :. rd�i>:? � . . .: '. � . 2 . -. ` � : ` ,��,�� ,< rs"`�� Review Panel has convened.by spe- those who.are un-assigned. All are �tact (fondl�n''g)"w'�th`;a' m�'n`or.=aged`` 'Que`stions from the audie � ,,�s�= � , , ,; � ��;_ � ��"�s;; �� cial request. The law allows :for a tracked byflaw_enforcement`}but only female ' 'included"concerns about what typ k �' ,,* ;h4; �� r:�r �` case-by-case review under special Level III,.status triggers� a �public 'According [o Behrends `Holmgren'' vehicle�'Holmgren has and his w� ,� fa .�"+�' �� k ` H�e"� circumstances when an offender is infonpational nieeting ,such ,as,��;the Fias had'four acldit�ional""exposing" place: ,� :*�'��` " ";�3 ¢- -� ;�.�. r� unassigned for whatever� reason. one;field IVlonday.night at�.`the Chisa- offenses in Hastings and the metro � Chie�f"Stenson��noted �that vehi i - �� ': Behrends said this was-a.case where go.City Commumry,Center:. � acea 'sipce living'in this 's,'t`aCe'. 'Holm ' can be `tio`rrowed, sold; etc. sc ., � y g � , . , ;�� •, ''�. t� the"...local:authont �made,the ar u= Although state laws all�wed tiim io g�en is also charged witti harassment' advised�the�udience that local pc �_„,r. ment that there was a need-to do a do so,.,the .otfender Jeffer,y.David 'and Staiki'ng'�n'�a''�eeen['incicl'en't in"' officc.rs'`do 'keep' awure of Hc - broadernotitication to the eommuni- Holnigren,,37, chose noC Co attend North Branch. A district court hear- � gren s 'mo8es of transportation • ty." his Review committee �tiession, ing is slated.for�Qctober 7>and the where he works. Only if a scl et�'er� flol�ngren The panel consists of tive members Behrends remarked. As of Septem- trial date is on the calendar ro start See MEETIN� „ . �, _� :��'r�.,i S"",� sx��y�,��sis,w��:T?�:.:`C.a�,�dC�t;��,,,�'�i�s".."�S'�`a,�� rn:Aa�, ''"� a IF r4,.�;(�,yr,y1y�y�''��, '�„ :p!��y�,i� ,� +M � g,� ��t�er..� . . , ��:��dirf c��'.`i;�f1#7'R�s��t�P��N . h.�'i'd��+.��.�,+�.�..%'t�m �� Wednesday 1-7-2009 F 3B � St. Paul . � r � �� . � , �,. � _ � J: � -� • u d _.� . . esets a�l f g or ol . m ... ren at 1 . . . . � : . x'o"ffender`ma`y'have �violated�conditions of his releas.e _ e Jeffery , .�, Holmgren � By Mara H Gott'fned � �� -- "--___.. � -'� � '�,Jill be�sen- � m ott ned ,� _, ; � � . ; � . � �� 9, f,., @pioneerpre,ss.com � "I'm just glad#h:ey labeled him�a Level 3.If he goes �a-T ' ' tenced for anywhere he has to re ;�4� , stalkmg giris A judge set bail at$1 million � � _„ gister and th"e community is �' ,�, � Ch�sago . m Tuesday for`'a�;Level 3 sex notified." �` County. offender;arrested in St. Paul last week Qn'n Trippler one o Holm'ren's nei hbors Y go?�� to Chan e" Jeffery David Holrri�en, 37, `. f g g =��' : F « _ . g she said. p l e a de d' __ — . Y.�,t.i��,r:. W h a t's u p s e t t�n g m e �s t l i ey —_ ___ �_. �1tY in October to < keep'senilirig him back to ttie Staikmg g�is��ago��?- house. .I'm just glad they ty and sentencing�s slated for was arrested on the warrant statute, allows law enforce- �abeled hirn a I,evel 3 If,he February. On Dec 2f}, Ho]m_ and David Holrrigren on suspi- rr►ent to request'a risk level ister'and ttie 'comriiuni goes anywhere,he has to reg- gi-en was cited in St Paul for c�on of�aidm`g an offencler�to assessinent ��for cor`rimunity not�� allegedly trying,:to coerce.a avoid arrest. 16 year�ld mto his car�in ttie David IIolmgi�en 3g„ ��,as S�a cation purposes, Burt �Tilppler said.she is work�ng Payne Phalen neighborhood. � released from �ail without Holmgren bought a home in ing a law that�wouid aut ma�= �'enpot nt all Violated �o.- b J g�har ed � �� Chis''' �i� � � y. ,..,, ago ty more than two' cally require sex offenders iitioris of lus release Y Holmgren, Whose years agq and Lakes Area who are no longer under P?n�g name also appe�ars as`Jeffi�ey" Police Chief.Kevin .Stenson supervision;to be evaluated " �entencing and an arrest cvar- iri some docurrients, was in requested Holmgren be evalu- for a risk level if they move to ' �ant was� issued Assistant prison in Nebraska from 1996 ated last sumnier.The:De arE- �tusago Couiity ALtorney�ed to 2003 for sexual assault on,a ment of Corrections deemed The Chisago Gounty stallari �nlc `Jr. said 'Itiiesday Ttie child and escape He had Holmg�-en a Level 3, consid- case occiured in�North granch ' �leged violations are fa�lure� approached three gl, einain law abiding and failure skatin �?'�,roIler- ered the highest.risk to reof- in May. o abide by a no contact orclec g�their ne�hborhood, fend. � grabbed one�om behirid,fon- Holm�en hves next to an in- a cused of following four gg�j� P?��g',that Holmgren stay dled her and tried to drag her home day care and about a ages 10 to 13,iri h�s cat;circling �'aY fi om �uvenile females, into his car according to the block from an elementary the block five or six tirnes and �S�� cr'imuial complaint ui the"Chis- A hearing on the violations ago County Stalkulg�a�e school,Stenson said. staring at them,the complaint ; scheduled for �YZda . '�e Minnesota has no law pro- said. The giris told police the Y When Holmgren came _to hibiting sex offenders from liv- man also had followed them hisago Coun�ty attorney's Minnesota, his Nebraska sen- ing near a school or child care earlier and his "demeanor Ffice also has begun the tence had expired and he center,though restricting resi- caused them fear," the'com- �ocess of trying to get Holm- w�asn't under supervision, but dency may be a condition of an •en civilly committed, Fink he was required to register as a offender's probation or•super- p After p lice pulled Holm en u�' predatory offender, said Shari v i s e d r e l e a s e. Ieffe r y H o l m g r e n a n d D a v i d B over, t h ree other yo�g t u't, M i n nesota Department Ann'I�-i p pl e r,w h o i s J e ff e r y w o m e n—t wo o f t hem 18 years �well Holm g re n, w h o i s J e f o f C o r r e c t ions spo keswoman. Holmgren's neighbor and runs old, one of them 17 — �y's brother and is also a con- Offenders who come to Min- the day care, said Holm en a cted sex offender, were nesota fi�oin another state and has been in and out of jail Holmgren had followed them. rested �iday in David have completed supervision since he moved in. � pproached officers and said >lmgren's Cathedral Hill are not.reviewed for a risk Holmgren pleadeci guilty to �r�inent. Jeffery Holmgren level. However, Minnesota while, but�obviously, he's not a��gted harassment and STATE OF MINNESOTA COUI�ITY OF CHISAGO CITY OF WYOMING ORDINANCE NO. 04-04-06 AN ORDINANCE AMENDING THE CITY OF WYOMING CODE OF ORDINANCES RELATING TO NUISANCES BY ADDING DIVISION 3: SEXUAL OFFENDERS AND SEXUAL PREDATORS THE CITY COUNCIL OF THE CITY OF WYOMING DOES ORDAIN AS FOLLOWS: The Wyoming Code of Ordinances, Chapter 16, ENVIRONMENT, Article ll Nuisances, shall be amended by adding Division 3, Sexual Offenders and Sexual Predators: Sec. 16.70 Findings and intent. (1) Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Current information indicates that sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large and specifically to the City of Wyoming ("City"), while incalculable, clearly exorbitant. (2) It is the intent of this division to serve the City's compelling interest to promote, Protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence. Sec. 16.71 Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Designated offender means any person who has been convicted of a designated sexual offense, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16yrs of age, or has been categorized as a Level III sex offender under Minnesota Statute § 244.052 or successor or amended statute. Page 1 of 4 (2) Designated sexual offense means a conviction, adjudication of delinquency,' commitment under Minnesota Statute §§ 253B, or admission of guilt under oath without adjudication involving any of the following offenses: 609.342; 609.343; 609.344; 609.345;' 609.352; 609.365; 617.23; 617.246; 617.247; 617.293; successor or amended statute, or a similar offense from another state. (3) Permanent residence means a place where the person abides, lodges, or resides for fourteen (14) or more consecutive days. Permanent residence does not require an ownership interest by the person in such residence. (4) Temporary residence means a place where the person' abides, lodges, ar resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, lodges, or resides far a period of four or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence. Sec. 16.72 Sexual offender and Sexual Predator Residence Prohibition; Penalties; Exceptions. (1) Prohibited location of residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence: a) within 2,000 feet of any school, licensed day Care center, park, or playground; or b) within 1,000 feet of any designated public school bus stop, place of worship which provides regular educational programs (i.e. Sunday school), or other places where children are known to congregate. (2) Prohibited activity. It is unlawful for any designated offender to participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, or wearing an Easter Bunny costume on or preceding Easter. Holiday events in which the offender is the parent or guardian of the children involved, and no non-familial children are present, are exempt from this paragraph. (3) Measurement of distance. (a) For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to nearest outer property line of a school, designated public school bus stop, day care center, park, playground, place of worship, or other place where children regularly congregate. (b) The City Clerk shall maintain an official map showing prohibited locations as defined by this Ordinance. The Clerk shall update the map at least annually to reflect any changes in the location of prohibited zones. The map shall not be deemed conclusive or all encompassing since Page 2 of 4 prohibited zones change from time to time including but not limited to designated public school bus stops or other places where children are known to congregate. (4) Penalties. A person who violates this section shall be punished by a fine not exceeding $1,000.00 or by confinement for a term not exceeding 90 days, ar by both such fine and confinement. Each day a person maintains a residence in violation of this ordinance constitutes a separate violation. (5) Exceptions. A designated offender residing within a prohibited area as described in (540.003 Subd. I) does not commit a violation of this section if any of the following apply: (a) The person established the permanent residence or temporary residence and reported and registered the residence pursuant to Minnesota Statute § 243.166, § 243.167, or successor statute, prior to Apri14, 2006. (b) The person was a minor when he/she committed the offense and was not convicted as an adult. (c) The person is a minor. (d) The school, designated public school bus stop or day care center within 2,000 feet of the persons permanent residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to Minnesota Statute § 243.166 or § 243.167. (e) The residence is also the primary residence of the person's parents, grandparents, siblings, spouse, or children. (fl The residence is a property owned or leased by the Minnesota Department of Corrections. Sec. 16.73 Property Owners Prohibited From Renting Real Property To Certain Sexual Offenders And Sexual Predators; Penalties. (1) It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence of temporary residence pursuant to this Chapter, if such place, structure, or part thereof, trailer or other conveyance, is located within a prohibited location zone described in Section (540.003 Subd. 1). (2) A property owner's failure to comply with provisions of this Section shall constitute a violation of this Section, and shall subject the property owner to the code enforcement provisions and procedures as provided in Chapter 5 of this Code, including the provisions of Chapter 5 that allow the City to seek relief as otherwise provided by law. Page 3 of 4 (3) If a property owner discovers or is informed that a tenant is a designated offender after signing a lease or otherwise agreeing to let the offender reside on the property, the owner or property manager may evict the offender. Sec. 16.74 Severability. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid. Sec. 16.75 Effective Date. This Ordinance shall be effective upon its publication as required by law. ADOPTED BY THE WYOMING CITY COUNCIL ON April 4, 2006 Sheldon Anderson, Mayor ATTEST: Sandra Berry, Acting Administrator Page 4 of 4 . � �I � - i .. . �_. .. , �:. . .,, .� ., ..: ..�.. , .�. � � ,,�, _., �i �}, �� f � � � � � � � � ��YJ� � � � � r � 1 e � ��- ','�rv� -v.�• � "•'" ,�':,Ut. �., .yr��;�P�'�^v a �:St�M�k�'�b't�1��i�� _, $ ' � , � � � ,, t � e g y , � , . �.r . ,, .. .� �_.. . . � � � E � � "'s � � .. �' . � � � � � �. � � r. �. 7 - � �,. .: , . � ,... r.. .,. . ...., ��._. . .:._...... .. , ._ . . . .. �. .: ._:_.., .. , �.,, ,.. _ ,,... .. � �$rs�e.a.�+i�+til►YaY'.� ,„ �' r. ; ' s',F � , �` � E Viking Road �: . :�i � �a,.,� ,g x�� ?� ,� �'` ��1y� �,��!#'��'�`�^��`��,'S4`f�`�''.'"_�r�.,��"`+�.��"!Y.x`'�5��;��`�x�+�5`'c'�ar,�� , ,�. � 1 � . �° .� . . �F�� m� �. �` Wyoming Trl+ t: � � � � � � .. .� � � � k � ` ..�.�.:... �,:�:x . ��;�, ,�" � � : .. ,�� j.�P.,:� 4� � �;�. _. ��'��*��;��.� `` �� ° �' � �- � �� , _ �, :, r � � , , , ., �� i ��.:"�„�� _ �. . �� •. � � "�� o �+�v ;�� '#c''�r'� � ir � � s� `��P � �. L O' � ;��. .� „ . ... ,. .,.:-, _.., �.., . , , ,.. ... ., .. .. . . ...,-... � � , . .�...,�w....« .. ,.�.. �. .,....� ��pa+rrr-•,. �• , �. �� i � � �� . �� . � � r� �r .. ._ .. � l ' . ..I s � �` i � i,�� '�r.ra��' � �'��; �t�r; I '�� '. � a+, ��, � �� ,� x�� F� L ` ,��`,�. r;.,.�+ ,. �\f, � � �Q� �.. I � � � � M � t� , � � � : � �_.., .. _ z..; . ..,. ♦ i � �. r � �� i_ � j�-- 0 750 1,500 3,000 Feet - Legend �SB — — �� City of Wyoming Corporale Boundary �� Sexual Offender and Sexual Predator _ ProhibitedArea Churches and Libraries Wyoming` � i � Residence Prohibition Area - City of Wyoming, MN � Schools,Licensed Day Care Centers and Parks - ' ` ReslOrbit ,NEWS � Sex Offender Residency Debated: Maplewood City Council Considers Restricti... Page 1 of 3 'i'�:�'ORB[T `�- �� ,`��' __ _ _ _ _ _ _ Sex Offender Residency Debated: Maplewood City Council Considers Restricting Where Convicted Molesters Can Live By Steve Scott and Maryjo Sylwester, Pioneer Press, St. Paul, Minn. Apr. 7--A get-tough sex offender policy in Maplewood would virtually blanket the city with restricted zones where predators could not live, which would either help protect children or force convicted molesters to go underground, according to two sides of a growing debate. Preliminary City Council discussions -- and a Pioneer Press analysis of the draft of a proposed ordinance -- show how complicated it can be to implement even the most well-intentioned of policies. A map compiled by the newspaper shows the toughest restrictions being considered by Maplewood would effectively make the entire city off limits to convicted offenders. Backers of a proposed ordinance, which will come before the City Council for the third time in six weeks Monday night, say a step to protect even one child is worth taking. Those supporters include the city's legal staff, the Maplewood police chief and, with reservations, at least a couple of council members. Its opponents, including the mayor and some county and state-level sex-offender experts, say residence restrictions would make ex-offenders' lives less stable, increasing the chances they'll again commit crimes or simpty elude the sex-offender registries designed to track them. "Studies will show this won't prevent all sex offenses," said Trevor Oliver, one of the city's legal counsel who wrote Maplewood's draft ordinance. "We can't come up with an ordinance to prevent first offenses. You can't write an ordinance that bars offenders from living on a block where children live. "But you can write an ordinance that protects places where children congregate." That is the intent of the proposed policy, which arose not from public outcry but conversations between the city's legal staff and police, in part over a highly publicized ordinance adopted last year by Miami Beach, Fla. The Miami Beach ordinance created a 2,500-foot buffer zone barring predators from living near places where children typically gather. The toughest policy being considered in Maplewood would set 2,000-foot limits for most such places. However, the boundaries are still up for debate, as is the type of offender who would be regulated and, in fact, whether the city will adopt an ordinance at all. "The information given to me indicates this doesn't work and interferes with other laws for registering sex offenders," Mayor Diana Longrie said. "I believe if we tell people where they can or can't live, they will still set out in their car to do what they do, because that's what they have the predisposition to do." Council Member Will Rossbach favors a scaled-back version of the draft ordinance. "I don't believe the correct thing to do is to have huge boundaries, essentially making it so there is no place to live in Maplewood," Rossbach said. "But my belief is that it's still appropriate to have some residence requirements, and I'm thinking about a 500-foot circle. ... It seems to make sense to me we wouldn't want sexual predators living across the street from a school." Rossbach and some others say a more effective policy would be preventing predators from actually visiting the sites in question, such as school grounds or day-care centers. Minnesota's sex-offender policy coordinator, Eric Lipman, said the state prefers approaches other than residence limitations. "The restrictions tend to undermine, although inadvertently, the quality of supervisory control," Lipman said. "Iowa has found (convicted offenders) are moving from locations within the community to less stable addresses. They go from '123 Main Street' to 'living in a van down by the river.' http://www.redorbit.com/modules/news/tools.nhn?tool=nrint&id=4f 17f7 ��i�nno RedOrbit NEWS � Sex Offender Residency Debated: Maplewood City Council Considers Restricti... P'age 2 o'f 3 "If they're still in the community but not reporting their addresses, that's worse from a law enforcement perspective." Maplewood's legal staff -- who also represent Taylors Falls, Minnesota's first city to enact an offender- residency ordinance -- stress the policy's intent isn't to drive out offenders. "We've always been aggressive about being progressive in Maplewood," City Attorney Patrick Kelly said, alluding to earlier city codes addressing methamphetamine houses "before anyone was talking about that." "The intent was to increase awareness and the protection of children," Kelly said of the offender ordinance. "You really don't want to force people out of the city." Detractors say it does just that. "It just drives the problem across the borders into another city, which happened with group homes years ago," said Council Member Kathy Juenemann, who said she would likely vote for the proposal, but re►uctantly. She would favor state legislation rather than a city-by-city piecemeal approach. "If I choose to vote for this, it's to send a message to higher levels of government to say, 'Get your act together and discuss this.' " It's unclear whether a Maplewood ordinance would affect only sex offenders who have molested juveniles and whether it would limit restrictions to Level 3 offenders -- those classified by the state as most likely to re-offend. Even restrictions on just Level 3 offenders would be impractical, said an east metro probation supervisor, who declined to be identified because he didn't want his personal views taken as government policy. "I understand why people want these restrictions," he said. "Nobody wants to live near anybody who's done such a thing. But any distance restriction would make it virtually impossible for any Level 3 offender to find a place to live in any part of Hennepin or Ramsey counties, for all practical purposes. They probably could find a place out in a cornfield somewhere. That isn't real workable." Lipman instead favors indeterminate, rather than predetermined, sentences for sex offenders. That would allow law enforcement authorities to re�evaluate an offender's risk to the community before being released fram incarceration. He also encourages greater vigilance by local authorities to check in on registered offenders living in their communities. Currently, 55 known sex offenders live in Maplewood, 48 of whom have not received a classification of their likelihood to re-offend -- such as Level 1, 2 or 3. Risk levels for sexual predators have been assigned in Minnesota only since 1997 to adult offenders who have been released from a state prison. No Level 3 offenders live in the city. "Has this been an issue in the past? No, but we don't know what the future holds," Police Chief Dave Thomalla said. "Our concern is the safety of the children in our community. One of my concerns is that if this is going to be the trend with other communities and if we're not out in front of this, suddenly every other community will have an ordinance like this, which will force predatory offenders to migrate to Maplewood." Steve Scott may be reached at 651-228-5526 or sscott@pioneerpress.com. Tracking sexual predators -- If Maplewood were to adopt limits on where convicted sex offenders could live, it would become the third city in the state to do so, following Taylors Falls and Wyoming. Officials in other cities, including St. Paul and Minneapolis, have contemplated similar ordinances. -- The Taylors Falls ordinance, adopted last month, and Wyoming's, adopted Tuesday night, ban certain offenders from living within 2,000 feet of schools, parks and day care centers, and within 1,000 feet of other places children gather. The policies affect those who have molested victims under age 16 and are classified as Level 3 sex offenders -- those deemed by the state as most likely to re-offend. Both City Councils adopted the measures unanimously. -- An Iowa state law enacting similar 2,000-foot boundaries was upheld by the U.S. 8th Circuit Court of Appeals. Critics of the Iowa law say it has forced ex-offenders to live in clusters in remote locations throughout the state or elude authorities' attempts to track them. http:/iwww.redorbit.com/modules/news/tools.nhn?tool=nrint&i d=4617fi7 �i��i�nn4 RedOrbit NEWS � Sex Offender Residency Debated: Maplewood City Council Considers Restricti... Page 3 of 3 -- For information on Level 3 sex offenders in Minnesota, go online to www.corr.state.mn.us/level3/Search.asp. Copyright (c) 2006, Pioneer Press, St. Paul, Minn. Distributed by Knight Ridder/Tribune Business News. For information on republishing this content, contact us at (800) 661-2511 (U.S.), (213) 237-4914 (worldwide), fax (213) 237-6515, or e-mail reprints@krtinfo.com. Story from REDOP,BIT NEWS: http://www.redorbit.com/news/display/�id=461767 Published: 2006/04/07 06:00:30 CD7 O RedOrbit 2005 http://www.redorbit.com/modules/news/tools.nhn?to�l=nri nt&i d=4F 17�� i��i�nn� Page 1 of 1 Anne Hurlburt From: Stangl, Alexis[AStangl@Imc.org] Sent: Tuesday, July 07, 2009 11:41 AM To: a.huriburt@ci.scandia.mn.us Cc: dave@hebertwelchlaw.com Subject: Sex Offender Ordinance Attachments: Doe v. Miller.doc Hello Anne, Jed Burkett asked me to get back to you on your questions about local sex offender ordinances.As I understand things, a council member is interested in a local sex offender ordinance like those adopted by Wyoming and Taylors Falls. The ordinance would cover things like spacing requirements, distance from schools, etc. You asked if the League has any information on this. It sounded like the city has done some work with the city attorney on this issue so I have copied City Attorney David Hebert on this email so that he has the same information I am providing to you. It strikes me that there is a somewhat strong argument that a city is pre-empted by state law. In other words, state law already regulates this issue so the city is prevented from regulating it. The city attorney can assist the city in determining whether state law would pre-empt city action. Generally,when looking at pre-emption, the city should consider four questions: (1)What is the 'subject matter'which is to be regulated? (2) Has the subject matter been so fully covered by state law as to have become solely a matter of state concern? (3)Has the legislature in partially regulating the subject matter indicated that it is a matter solely of state concern? (4) Is the subject matter itself of such a nature that local regulation would have unreasonably adverse effects upon the general populace of the state? This test comes from the Minnesota supreme court decision in Mangold Midwest Co. v. Vil/age of Richfield, 143 N.W.2d 813(Minn. 1966). The state law that governs sex offenders is Minnesota Statute 244.052. As you can see, this is a somewhat lengthy and detailed statute. The statute also includes regulations on the location of level III offenders residence(see subdivision 4a). Again, the city attorney can advise on whether this statute pre- empts local regulation of sex offenders. I should point out that there was a federal court opinion(Doe v. Miller,405 F.3d 700(8�h Cir. 2005))based on an lowa statute that might arguably open the door on the constitutionality of certain sex offender restrictions. I have attached a copy of this opinion.Again,the city attorney can comment on the relevance of this opinion. As you know,Wyoming and Taylors Falls have both adopted ordinances on sex offenders, so despite the questions I raised above, some cities have decided to adopt these types of ordinances. Perhaps it might be worthwhile to talk with someone from either or both of these cities to get their take on the situation. If you would like contact information, please let me know and I will send it to you. There are a couple of additional resources out there that might be helpful in looking at regulating sex offenders. House Research has a memo on the subject,"Sex Offenders and Predatorv Offenders: Minnesota Criminat and Civil Regulatorv Laws,"that was written a few years ago. Keep in mind that some of these laws have changed since the memo was written, but the memo should still give you a general idea about sex offender regulation. The Minnesota Department of Corrections also has some written information about sex offenders: httq://www.corr.state.mn.us/publications/qublications.htm#so. I am providing this information for general informational purposes. It is not intended to provide legal advice and should not be used as a substitute for competent legal guidance. Please consult the city attorney for advice concerning specific situations. I hope this information is helpful. Please let me know if you have any other questions. Thank you for contacting the League of Minnesota Cities! Alexis C. Stangl � Staff Attorney Tel: (651)281-1227 � Fax: (651)215-4127 astangl@Imc.org � www.lmc.org League of Minnesota Cities 145 University Ave.West � Saint Paul, MN 55103 Connecting& Innovating since 1913 7/7/2009 405 F.3d 700 Page 1 ,�J�;� 405 F.3d 700,25 A.L.R.6th 695 (Cite as: 405 F.3d 700) � � prohibition was rational way of promoting safety United States Court of Appeals, of children; and Eighth Circuit. �8,�statute was not retroactive criminal punishment in John DOE,I,on their own behalf and as representa- violation of ex post facto clause. tives of the class of all sex offenders in the State of Iowa;John Doe, II,on their own behalf and as repre- Reversed and remanded. sentatives of the class of all sex offenders in the State of Iowa;John Doe, III,on their own behalf and as Mellov, Circuit Judge, filed opinion concurring and representatives of the class of all sex offenders in the dissenting. State of Iowa, Appellees, v. Tom MILLER,Iowa Attorney General;Appellant. West Headnotes J.Patrick White,as representatives of the class of all county attorneys in Iowa; Michael Wolf,as represen- u Constitutional Law 92��4343 tatives of the class of all county attorneys in Iowa, Defendants. 92 Constitutional Law No.04-1568. 92XXVII Due Process 92XXVII(G) Particular Issues and Applica- Submitted: Nov. 4,2004. tions Filed: April 29,2005. 92XXVII(G, 15 Mental Health Rehearing and Rehearing En Banc Denied June 30, 92k4341 Sexually Dangerous Persons; 2005.�» Sex Offenders 92k4343 k. Classification and Regis- FN* Judge Morris Sheppard Arnold, Judge �ation; Restrictions and Obligations. Most Cited Cases Murphy, Judge Bye, Judge Melloy, and (Formerly 92k255(5)) Judge Smith would grant the petition for re- hearing en banc. Mental Health 257A�433(2) Background: Sex offenders brought class action challenging constitutionality of Iowa statute that pro- 257A Mental Health hibited person who had committed criminal sex of- 257AIV Disabilities and Privileges of Mentally fense against minor from residing within two thou- Disordered Persons sand feet of school or child care facility. The United 257AIV(El Crimes States District Court for the Southern District of 257Ak433 Constitutional and Statutory Iowa, Robert W. Pratt, J., granted judgment for sex Provisions offenders,298 F.Supn.2d 844.State appealed. 257Ak433(2) k. Sex Offenders. Most Cited Cases Holdings: The Court of Appeals, Colloton, Circuit Iowa statute, that prohibited persons who had com- Judge,held that: mitted criminal sex offense against minor from resid- �statute did not violate due process clause of Four- ing within two thousand feet of school or child care teenth Amendment on its face for lack of notice; facility, did not violate due process clause of Four- �statute did not foreclose opportunity to be heard; teenth Amendment on its face for lack of notice, al- �statute did not contravene principles of procedural �►ough some cities were unable to provide sex of- due process; fenders with information about location of all schools .�statute did not infringe upon constitutional liberty and registered child care facilities and it was difficult interest relating to matters of marriage and family in to measure restricted areas, which were measured"as fashion that required heightened scrutiny; the crow flies" from school or child care facility. � statute did not interfere with constitutional right U.S.C.A.Const.Amend 14;I.C.A. & 692A.2A. to travel; �statute did not implicate alleged right to intrastate Lj Constitutional Law 92��4506 travel; OO 2009 Thomson Reuters/West.No Claim to Orig. iIS Gov. Works. The Cedar Rapids Gazette - Cedar Rapids, Iowa City, Eastern lowa Page 1 of 2 • This is a printer friendly version of an article from www.gazetteonline.com To print this article open the file menu and choose Print. Article qublished: ]un 28, 2009 Sex offenders look forward to end of exile Doug Bruce's exile will soon be over. For three years, the convicted sex offender has been living in a room at the Ced-Rel Motel on Highway 30. The low, red- and-white building 4 miles west of Cedar Rapids has become a haven for those convicted of sex crimes in the years since the lowa Sex Offender Registry was established in 1995. lowa law, until July 1, forbids sex offenders from living within 2,000 feet of a school or day-care center. The rule pushes them into remote places like the Ced-Rel, or campgrounds, rest areas and truck stops. New legislation, which goes into effect on Wednesday, eliminates the 2,000-foot residency rule for ali but violent offenders. Of the 4,200 convicted sex offenders in lowa whose victims were minors, more than 3,000 will be free to live in neighborhoods that until now have been off limits. "The majority of them are going to live wherever they want to," said Joe Motsinger, a special agent in charge of the sex offender registry for the lowa Division of Criminal Investigation. Bruce, 30, who was convicted of indecent contact with a child in 2006 and wears an ankle bracelet so police can track him, will be allowed to move back to Cedar Rapids. "I know I'm moving," he said. "As soon as I figure out whaYs what, and what the rules are." Bruce has no car. He lives with his mother, and she drives him to the odd jobs he takes to support himself. He wants to be closer to public transportation so he can complete his degree in business. The change in the sex offender residency law is welcomed not just by Bruce but also by many police departments and sheriff's offices. It addresses law enforcement complaints that the residency requirement is difficult to enforce, can cause sex offenders to go underground and doesn't address the real problem: Sex offenders hanging around schoolyards or swimming pools while children are there. "The residency restriction, while well-intended, was really not on point," said Ross Loder, a legislative liaison for the lowa Department of Public Safety. "If they're living beyond 2,000 feet from the school, you can't do anything. ... The concern is more about what happens when they're outside their residence." The new legislation tightens restrictions on where sex offenders can go, by establishing safety zones—schools, day cares, libraries, parks, swimming pools—that are off limits without special permission. Schools and libraries will set up their own procedures for giving this permission, the DCI's Motsinger said. Election Days will be an exception, when sex offenders will be allowed to enter such properties to vote. The safety zones include a 300-foot"no loitering"cushion where police can arrest convicted sex offenders on reasonable suspicion they are attempting a sex crime. The law also prohibits sex offenders from working or volunteering at fairs, schools, libraries, beaches or swimming pools. Sex offenders are sprinkled throughout Linn and Johnson Counties, but the old law put large sections of Cedar Rapids and lowa City off limits for home addresses. Consequently, sex offenders have clustered in certain places— motels on 33rd Avenue SW, apartments west of Westdale Mall, apartments north of Coral Ridge Mall. L.��.../1...,,.... ,...r,,.u,.,....1:...,. ,.,...../,.�__�__�_.... atti....a:,.t_nr�_�_ _nnn��nnn l-+ � - - �„�..,.. ., . .., .,.,. .,,.. ,........ The Cedar Rapids Gazette - Cedar Rapids, Iowa City, Eastern Iowa Page 2 of 2 About 260 people are on the registry in Linn County, and about 180 of them will be affected by the law change. As of June 1, 88 offenders were registered in Johnson County, not including the hundreds incarcerated at Oakdale. Bruce was convicted of a sex crime in 2006 after having a sexually charged argument with a 13-year-old girl. Later, he was aware that a 20-year-old "co-conspirator"was having sex with the girl but did nothing to help her or report what happened, according to court records. He is worried that even though the residency rules are changing, he might not be able to find a landlord who will rent to him. "ThaYs the thing," he said. "Will the landlords let us live there?" Click here to qo back to the article }ittr�•//�xnv�i� R97P++o�r�1;,-,0 .....,�/.,...«.,/..1�,.., ,711i,...�:,.�..�r�_�__�nnnn��n n r , _ _ _ �rr-+��.r, ., . .., ..,.� �,_ ,_...,,. Residential Proximity & Sex Offense Recidivism in Minnesota April 2007 �t�� !' r.F��;�A DEPARTMENT OF CORRECTIONS 1450 Energy Park Drive, Suite 200 St. Paul, Minnesota 55108-5219 651/361-7200 TTY 800/627-3529 www.doc.state.mn.us Apri12007 This information will be made available in alternative format upon request. Printed on recycled paper with at least 10 percent post-consumer waste. Table of Contents TaBLEs...........a.......................................................o............................................,.............� EXECUTIVESIJMMARY .e..............................................................e............................. 1 INTRODU(,TION.o........................................................................................................... 5 DATAA1VD METHODS.................................................................................................. 8 RESLJLTS ..e....o:.........a..................................................................................................... 12 Offender Residence-Offense I,ocation Distance ...................................................... 12 Victim-Offender Relationship .............o.................................................................... 13 AlcohoUDrugUse...............e..................................................................................... 15 PhysicalForce........................................................................................................... 16 Typeof Victim Contact ............................................................................................ 17 Offender Residence-First Contact Distance for Direct Contact Offenders .............. 20 Residential Proximity for Direct Contact Offenders ................................................ 21 CONCLUSION ............................................................................................................... 24 REFERENCES................................................................................................................ 27 TABLES Table l. Location of Sex Reoffenses................................................................................ 12 Table 2. Distance between Offender's Residence and Uffense Location......................... 13 'Table 3. Victim-Offender Relationship of Sex Reoffenses.............................................. 14 Table 4. Offense Location-Offender Residence Distance by Victim-Offender Relationship.....................................................a..,....�.a....,................................................. 14 Table 5, Reoffense Characteristics by Use of Alcohol and/or Drugs.......o....................... 15 Table 6. Reoffense Characteristics by Use of Physical Force.......................................... 16 Table 7. Recidivist Characteristics by Type of Victim Contact....................................... 18 Table 8. Offender Residence-First Contact Distances for Direct Contact Offenders......, 20 Table 9. A Comparison of Residential Proximity Offenders............................................ 22 i EXECUTIVE SUMMARY In an effort to curb the incidence of sexual recidivism, state and local governments across the country have passed residency restriction laws. Designed to enhance public safety by protecting children, residency restrictions prohibit sex offenders and, in particular, child molesters from living within a certain distance (500 to 2,500 feet) of a school, park, playground or other location where children are known to congregate. Given that existing research has yet to fully investigate whether housing restrictions reduce sexual recidivism, the present study examines the potential deterrent effect of residency restrictions by analyzing the sexual reoffense patterns of the 224 recidivists released between 1990 and 2002 who were reincarcerated for a sex crime prior to 2006. In order to determine whether the 224 cases might have been affected by residency restrictions, four basic criteria were used. 1. Because housing restrictions are geared primarily towards deterring sex offenders—namely, child molesters—from initiating contact with potential victims, offenders had to establish direct contact with the victims, as opposed to gaining access to their victims through another person they know such as a significant other(e.g. wife, fiancee, girlfriend, etc.), friend, co-worker, or acquaintance. 2. The contact had to have occurred within at least one mile of the offender's residence at the time of the offense. 3. The first contact location had to have been near a school, park, daycare center, or other prohibited area. 4. The victim had to have been under the age of 18 at the time of the offense. Data on the most recent sex offense for the 224 recidivists were derived from the criminal complaint, the pre-sentence investigation (PSI) report, the Statewide Supervision(SSS) database, and the Minnesota Department of Corrections' (DOC) Correctional Operations Management System (COMS) database. 1 Results Not one of the 224 sex offenses would likely have been deterred by a residency restrictions law. Only 79 (35 percent) of the cases involved offenders who established direct contact with their victims. Of these, 28 initiated victim contact within one mile of their own residence, 21 within 0.5 miles (2,500 feet), and 16 within 0.2 miles (1,000 feet). A juvenile was the victim in 16 of the 28 cases. But none of the 16 cases involved offenders who established victim contact near a school, park, or other prohibited area. Instead,the 16 offenders typically used a ruse to gain access to their victims, who were most often their neighbors. Residential proximity had very little impact on the 224 sex offenses examined here for several reasons. First, the results clearly indicated that what matters with respect to sexual recidivism is not residential proximity, but rather social or relationship proximity. A little more than half(N = 113) of the 224 cases were "collateral contact" offenses in that they involved offenders who gained access to their victims through another person, typically an adult. For example, one of the most common victim-offender relationships found in this study was that of a male offender developing a romantic relationship with a woman who has children. The sex offender recidivists examined here used their relationships with these women to gain access to their victims---the women's children. Likewise, it was relatively common for offenders to gain access to victims through babysitting for an acquaintance or co-worker, or living with friends who had children. Second, even when offenders established direct contact with victims,they were unlikely to do so close to where they lived. This may be due mostly to the fact that offenders are more likely to be recognized within their own neighborhoods. As a result, when direct contact offenders look for a victim, they are more likely to go to an area relatively close to home(i.e. within 20 miles of their residence), but still far enough away (i.e. more than one mile) to decrease the chances of being recognized. 2 Additional Key Findings • Of the 224 sex offenses, 85 percent occurred in a residential location such as the offender's home, while the rerriaining 15 percent took place in a public location. • The vast majoriry (79 percent) of the 224 offenders victimized someone they knew. • When the offender victimized a stranger, 28 percent committed the offense in their own residence, 23 percent within one mile of their home, and 49 percent committed the crime more than one mile from their residence. • Whereas only 35 percent established contact directly with their victims, half(50 percent) of the sex offender recidivists gained access to their victims through a form of collateral contact such as a girlfriend, wife, co-worker, friend, or acquaintance. For the remaining 14 percent, the offenders were biologically related to their victims. • Compared to the other 145 recidivists, the 79 direct contact offenders were more likely to use alcohol and/or drugs prior to the offense, to use physical force during the offense, and to have a history of victimizing adult strangers. These offenders were the least likely to victimize children in either their previous or current offense. • The 113 collateral contact offenders were more likely to have longer criminal histories and a history of victimizing female acquaintances under the age of 18. In their reoffense, more than half(53 percent)victimized a female acquaintance under the age of 18. • The 32 recidivists who offended against a biological family member were more likely to be older white males who had a history of victimizing family members and children under the age of 13. Policy Implications A statewide residency restrictions law would likely have, at best, only a marginal effect on sexual recidivism. Although it is possible that a residency restrictions law could avert a sex offender from recidivating sexually, the chances that it would have a deterrent effect are slim because the types of offenses it is designed to prevent are exceptionally 3 rare and, in the case of Minnesota, virtually non-existent over the last 16 years. Rather than lowering sexual recidivism, housing restrictions may work against this goal by fostering conditions that exacerbate sex offenders' reintegration into society. 4