Laserfiche WebLink
<br />188652v1 <br />evidence that housing restrictions would have a deterrent effect on sex offender recidivism, given that <br />(1) only 35% of sex offender recidivists victimized strangers (as opposed to victimizing relatives or <br />people they met through wives, coworkers, friends, or acquaintances), and most of those victims were <br />adults, (2) when sex offender recidivists did victimize juvenile strangers, they usually did so more than a <br />mile away from their own residence, and (3) of the few offenders who victimize juvenile strangers within <br />close proximity of their own residences, none did so near a park, school, or playground. Additionally, as <br />a result of Iowa’s sex offender residency statute, the number of offenders who failed to register/could <br />not be located more than doubled. See http://www.nytimes.com/2006/03/15/us/iowas-residency-rules- <br />drive-sex-offenders-underground.html. <br /> <br />The constitutionality of a law limiting the residency of convicted sex offenders has been a topic of <br />debate in state and federal courts. In 2015, California’s Supreme Court and a Federal District Court in <br />Michigan both struck down such legislation. However, in 2005 the United States Court of Appeals for <br />the 8th Circuit upheld the Iowa statute referenced above. The question for any court would be whether <br />a law is rationally related to a legitimate government purpose. When a law bans residency near parks, <br />schools, and playgrounds, there is a stronger legal argument to support it if it is limited to offenders with <br />child victims. <br /> <br />The Council has been provided a number of news articles further describing this issue, most recently for <br />the July 25th workshop. <br /> <br />During the August 8th meeting, there was discussion regarding the role of the Planning Commission in <br />the review of the ordinance. Staff envisions a process where the Council identifies a problem, and <br />directs staff to recommend a solution. This solution could be reviewed by the Planning Commission and <br />a public hearing, even if one is not required, could be held there. <br /> <br />Action Requested: <br />Provide Staff direction. <br /> <br />List of Exhibits: <br />Exhibit A. Big Lake Ordinance <br />Exhibit B. Lindstrom Ordinance <br />Exhibit C. Iowa Statute <br />Exhibit D. Duwe, Donnay, and Tweksbury Report <br />Exhibit E Walker and Golden Report <br />Exhibit F. Draft Ordinance <br />Exhibit G. Tonka Bay news article