Sex Offender Residence Requirements
THECJTYOf ~
DUB E
~c#e-~
MEMORANDUM
January 23, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Sex Offenders Residency Restrictions
As directed by City Council, Chief of Police Kim Wadding has reviewed the State of
Iowa Sex Offenders Residency Restrictions in consideration of recommending adoption
of a City ordinance create more restrictions than the State law.
Iowa Code Chapter 692A.2A restricts persons, who have committed a criminal offense
against a minor, or an aggravated offense, sexually violent offense, or other relevant
offense that involved a minor, from residing within two thousand feet of the real property
comprising a public or non public elementary or secondary school or a child care facility.
A person found to have committed these offenses and resides within two thousand feet
of the real property comprising a public or nonpublic elementary or secondary school, or
a child care facility, commits an aggravated misdemeanor. An aggravated
misdemeanor is punishable by up to two years in prison and a fine of at least five
hundred dollars but not to exceed five thousand dollars.
Chief Wadding looked at the idea of adding public libraries, public swimming pools,
public parks and public recreational trails to this list.
Under the current State law, of the 23,819 housing units in Dubuque, only 3.2%, or 778
units, are available to sex offenders. If these additional categories were added to the
current restrictions, there would be only 354 units available for this type of housing.
Primary to the success of the residency restrictions is ensuring all sex offenders
maintain proper residency registration and supply all appropriate and accurate
information. As demonstrated by the information supplied by Planning Services, each
new area of restriction further limits housing unit availability resulting in the likelihood of
heavier concentrations of offenders in certain neighborhoods. Additionally, limiting
housing availability works to discourage offenders to register, making their detection
more difficult. This results in increased investigative time.
Chief of Police Kim Wadding recommends that the City of Dubuque monitor the current
restrictions and any upcoming actions by the State of Iowa Legislature, not creating a
local ordinance with more restrictions at this time.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
I'd~~1hJL
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
Laura Carstens, Planning Services Manager
D~~'&iuE
~<k~
MEMORANDUM
Date: January 5, 2005
To: Michael C. Van Milligen
City Manager
From: Kim B. Wadding A/j
Police Chief W
Re: Sex Offenders Residency Restrictions
INTRODUCTION:
The purpose of this memorandum is to examine the expansion of residency restrictions
through a city ordinance for those persons who have committed a criminal offense
against a minor, or an aggravated offense, sexually violent offense, or other offense that
involved a minor as outlined in Iowa Code chapter 692A by including public libraries,
public swimming pools, public parks, and public recreational trails.
BACKGROUND:
Iowa Code Chapter 692A.2A restricts persons, who have committed a criminal offense
against a minor, or an aggravated offense, sexually violent offense, or other relevant
offense that involved a minor, from residing within two thousand feet of the real property
comprising a public or nonpublic elementary or secondary school or a child care facility.
A person found to have committed these offenses and who resides within two thousand
feet of the real property comprising a public or nonpubiic elementary or secondary
school, or a child care facility, commits an aggravated misdemeanor. An aggravated
misdemeanor is punishable by up to two years in prison and a fine of at least five
hundred dollars but not to exceed five thousand dollars.
A person residing within two thousand feet of the real property comprising a public or
nonpublic elementary or secondary school or a child care facility does not commit a
violation:
· If the person is required to serve a sentence at a jail, prison, juvenile facility, or
other correctional institution or facility,
· If the person is subject to an order of commitment under Iowa Code chapter
229A regarding the commitment of sexually violent predators,
· If the person has established a residence prior to July 1, 2002 or the school or
child care facility is newly located on or after July 1, 2002,
· If the person is a minor or ward under a guardianship.
DISCUSSION:
Currently, Dubuque County has 101 sex offenders documented by the Dubuque County
Sheriff's Office. Under the current regulations, 18 live outside the two thousand feet
restriction of the real property comprising a public or nonpublic elementary or secondary
school or a child care facility, 27 received notification to move from the restricted areas
and five have failed to provide a current address, 51 are the exceptions (31 living at
their residences prior to July 1,2002, seven living within a jail exception, 10 not
applicable as the victims were adults, and three were minors at the time of the offense).
In reviewing the calendar years of 2004 and 2005 regarding the police department's sex
abuse investigations, there was a total of 161 investigations, 69 in 2004 and 92 in 2005.
Of these investigations, all offenders were known by the victim with 68% identified as an
acquaintance (Le. friend, babysitter, boyfriend, neighbor, staff worker, student) with 32%
identified as family related (Le. aunt, uncle, father, step-father, grandfather, brother, or
step-brother). Of the 161 investigations, 11 (7%) involved eight registered sex
offenders, five in 2004 and six in 2005. Of the 11 investigations, two resulted in an
arrest, six cleared through exceptional means, two were unfounded and one remains
open.
With regard to considerations for additional residency restrictions, Laura Carstens,
Planning Services Manager, supplied an analysis created by Assistant Planners David
Johnson and Guy Hemenway of available housing units for sex offenders in five
different scenarios when applying a 2,000 foot buffer zone. Planning Services
determined through the 2000 Census there are 23,819 housing units in the City of
Dubuque. Of the 23,819 housing units, units available for sex offenders should this
buffer be applied:
1) Under the current law: Schools, child development homes and child care
centers: 778 units or 3.2% of total units.
2) Schools, child development homes, child care centers, and parks: 372 units
or 1.6% of total units.
3) Schools, child development homes, child care centers, and public library:
778 units or 3.2% of total units.
4) Schools, child development homes, child care centers, and public pools:
680 units or 2.8% of total units.
5) Schools, child development homes, child care centers, and bike/hike trails:
475 units or 2.0% of total units.
6) Schools, child development homes, child care centers, parks, public library,
public pools, and bike/hike trails: 354 units (1.5% of total units).
Planning Services reports when schools, child development homes and child care
centers are buffered, there are three major concentrations of units eligible to sex
offenders. Over 300 of these units are located in the Point area primarily along Shiras
Avenue, Roosevelt Road and the north end of Lincoln, Rhomberg and Garfield
Avenues. Approximately 200 units are concentrated on the city's southwest side in the
Cedar Lakes subdivision and along Brunskill Road and Nightengale Lane. The third
area includes the MarNa Ridge subdivision, Patricia Ann Drive and a portion of Kelly
Lane with approximately 80 units.
If parks are buffered in addition to child development homes and child care centers, the
number eligible units in the Point area is reduced from over 300 units to about 25 units.
Planning Services noted the study is limited in terms of availability, currency, and
geographic accuracy. Regarding availability, Planning Services cannot readily
determine if those units within a particular area are available. In their example,
Planning Services illustrates that one of the available units may be located in a senior
housing facility that has age limits or in a single-family residential subdivision with few
rental units available.
Planning Services cautions that while school, park, library, pool and bike/hike trail
locations are relatively static, child development homes and child care centers, tend to
open and close with greater frequency. Planning Services reports there are 111 of
these homes located throughout the community. The frequent opening and closing of
these facilities results in continual adjustments to these buffer zones making their
accuracy short lived. Finally, the method of measurement is subject to the resolution
and accuracy of the Dubuque Area Geographic Information System (DAGIS) database,
possibility causing the linear accuracy of measurement to be plus or minus several feet.
In consideration for further local residency restrictions for these offenders, I have
attached six maps designed by Planning Services. The maps show the following:
Map 1 Schools/Daycare
Map 2 Schools/Daycare/Parks
Map 3 SchoolslDaycare/Public Library
Map 4 SchoolslDaycare/Public Pools
Map 5 SchoolslDaycare/Bike/Hike Trail
Map 6 Schools/Daycare/Parks/Public Library/Public Pools and Bike/Hike Trails
The restriction of limiting sex offenders from living in certain areas has met with a great
deal of discussion and debate within our state and only recently have we had the ability
to fully implement the 2,000 foot restriction. This legislation coupled with the sex
offender registration requirements are a vital link to identifying and monitoring those that
have been convicted of these types of offenses.
Of concern to adding additional restricted areas within our community focuses on two
areas: strong residency restriction enforcement and the sex offender registry. One of
the strong attributes of the current law is the severity of the violation, an aggravated
misdemeanor. Through local adoption, the criminal violation becomes a simple
misdemeanor to those additional areas depreciating the violation effectiveness.
Primary to the success of the residency restrictions is ensuring all sex offenders
maintain proper residency registration and supply all appropriate and accurate
information. As demonstrated by the information supplied by Planning Services, each
new area of restriction further limits housing unit availability resulting in the likelihood of
heavier concentrations of offenders in certain neighborhoods. Additionally, limiting
housing availability works to discourage offenders to register making their detection
more difficult. This results in increased investigative time and resource.
RECOMMENDATION:
As we continue to gain experience through the full development of the current sex
offender residency restrictions, I recommend we monitor the current restrictions in
relationship with the upcoming Iowa Legislative session for modifications within Iowa
Code Chapter 692A.2A.
ACTION REQUESTED:
No action requested at this time.
Cc: Barry Lindahl, Corporation Attorney
Cindy Steinhauser, Assistant City Manager
Terry Tobin, Assistant Police Chief
Scenario Map 1
o
OAKLAND FA 5
Buffer Criteria (State Law)
i::!I Child Development Homes & Care Centers
i::ll City Schools
- Dubuque City limits
- Asbury City limits
- Sageville City Limits
- City Streets
'tlt_r. nhialirnaU'l'l'Il.\~
~'q.IIli:~MtlGolflrk
1~lrr/lIll:a'O S',\t1!IIWliIS\ b i\
NN.ll~.'lIikttr~,i()"~
.wfWli.:~~~~lIiimll!itllll\l
CWlt:I~M,,*IIi'fIU~.,.1i~
D\lil~.nlitl~~,),'M'vm~
~,((\IIf:a;,~~WJll-mulr.l,1r
.w.....--!!l:Ic:t
,_.
D' A' O. I . G
~~IJ
--
"'_...--........
...---
N
A
Sex Offender Registry Buffers (2000 Feet)
Prepared by The City of Dubuque Planning Services
Scenario Map 2
Sageville
o
OAKLAND FA S
Buffer Criteria (State Law & City Parks)
~ Child Development Homes & Care Centers
t~1 City Schools
IZa City Parks
- Dubuque City Limits
- Asbury City Limits
-Sageville City Limits
- City Streets
~Jh,O>nnInI.lI"qoilal
~D:~'rg~
lu_'ilI~)_'OO", kll
inkT'l'\lIbl.'\Oel?ttlll'(~
~~~,t;'I1l~~ikllU;
~Dlll;......dmtUl..~
~Rl&~n;)llltll.~_
M'n.1'1o.l1f!t1L).fnl'kmlnl"
.b(a~~
..........
N
A
D' A' 0 . I . 9
~<<<o
--
----
Sex Offender Registry Buffers (2000 Feet)
Prepared by The City of Dubuque Planning Services
Scenario Map 3
DE
OAKLAND FA S
Buffer Criteria (State Law & Public Library)
. Child Development Homes & Care Centers
IIlII City Schools
D Public Library
- Dubuque City Limits
- Asbury City Limits
- Sageville City Limits
- City Streets
h........,f>>,..._II~~
"",iII:~WGl-~
lll._.~_,I)I{.l'i..h
...mul...,."dirrll!,l~
.tJW'.....,.,--.Md......
_.t~.......~
D\GI.\-'t\..w"~..._l'It
......~((_,J*.._..'"
ok.i,,~ltn
.-.
D' A' O. I . g
N
A
~<.. .
.--
---..
Sex Offender Registry Buffers (2000 Feet)
Prepared by The City of Dubuque Planning Services
\
r
~
Scenario Map 4
Sageville
OAKLAND FA S
Buffer Criteria (State Law & Public Pools)
III Child Development Homes & Care Centers
III City Schools
U Public Pool
- Dubuque City Limits
- Asbury City Limits
- Sageville City Limits
- City Streets
n..-", n.,....~.....,,~
"""ilIr~,\~Gc<~
w.-l~_I~ h
~,'o!_'Wi:lli<('l!<4~
WJWk'*'~"'ll~ih::_
(1IInlMl...,..""rw.t.......
[)lljl~.-l..~~~~_.
_~"QIml)<1lknlorun<t
.w...~
.-"
~<.. )
"'-<.
..-=--...
N
A
o. A' O. I' 9
Sex Offender Registry Buffers (2000 Feet)
Prepared by The City of Dubuque Planning Services
Scenario Map 5
Sageville
D
OAKLAND FA 5
Buffer Criteria (State Law & Hike/Bike Trails)
- Dubuque City Limits
. Child Development Homes & Care Centers
Iiii!I City Schools
. Hike/Bike Trails
- Asbury City Limits
- Sageville City Limits
- City Streets
~n.._,.....~
....*~1.QGco'Plfk
~.~_,lI'lli,l.
.....'.t.....""..fl!<l~
aI~IfUl:_CloBalEd....
._-.l__....lUtI
oo~_,,~....'.._*
aJ._,..~'''*_..
.!&l~__lElo.
.,.-..
D' A' D' 1 . 0
~:..'
---
--.......
N
A
Sex Offender Registry Buffers (2000 Feet)
Prepared by The City of Dubuque Planning Services
Scenario Map 6
\
\
\
~
Sageville
o
~
Buffer Criteria (All Scenarios)
OAKLAND FA S
U Child Development Homes & Care Centers
i:J City Schools
EZI City Parks
D Public Library
W"!'l Public Pool
D Hike/Bike Trails
- Dubuque City Limits
- Asbury City Limits
- Sageville City Limits
- City Streets
tillWllrr.n....."""1I.1O,'OIf'1cd
"'ft~\ltIr",'lf",,*,
"'-ilI5)_IOO5I. hi.
~.~Nt.,,*Ih:("iI)(oj~
n1~......~ldffiikh"l
(\lITeIIIIIl.:."'_1'I\ill.nlltl!.
I).l{,IS_..~fi'''1.~h
lIoUIlt.~"~',fllEril1MI.lI(f
.....--
'-"
O' A' o. I . Q
~<.. ,
:><.x
~=:.=..........
N
A
Sex Offender Registry Buffers (2000 Feet)
Prepared by The City of Dubuque Planning Services
D~~~E
~<k~
MEMORANDUM
January 9, 2006
TO:
Kim Wadding, Police Chief
FROM:
Laura Carstens, Planning Services Manager
SUBJECT: Analysis of Sex Offender Residency Restrictions
INTRODUCTION
This memo responds to your request for an analysis of sex offender residency
restrictions within the corporate limits of the City of Dubuque. You asked for an
estimate of the number of dwelling units available to sex offenders under 6 scenarios.
BACKGROUND
You asked Planning staff to determine the number of dwelling units available to sex
offenders within identified enclaves. Enclaves are defined as those areas within the
city's corporate limits and outside of the buffer zones for protected entities such as
schools and parks. You asked that Planning staff compile the number of available
dwelling units for those enclaves that are outside of the buffer zones for: 1) schools and
daycare centers; 2) schools, daycare centers and parks; 3) schools, daycare centers
and public library; 4) schools, daycare centers and public pools; 5) schools, daycare
centers and bike trails. You also requested that Planning staff compile a 6th analysis for
the cumulative effect of the other 5 scenarios.
METHODOLOGY
The Dubuque Area Geographic Information System (DAGIS) database does not contain
dwelling unit counts. The database does, however, list primary addresses by parcel,
and owners name and address by parcel. Therefore, those primary addresses within
the enclaves were manuallv compiled and Planning staff attempted to determine how
many residential units are located at each primary address. Planning staff is not aware
of an automated way to compile this data.
Sex Offender Registry Analysis
Page 2 of 4
The Polk City Directory was used to determine the number of apartments at each
address for multi-family residences. Addresses were also manually checked against
the County's parcel database to determine how many units are at each address.
Each entity to be buffered - Le., schools, parks, etc., was identified and the extent of the
real property on which the use or building is located was determined. Buffers were then
generated for all subject parcels using the ArcView buffer extension. The areas outside
the buffers, or enclaves, were then identified by default. If a portion of a parcel was
located within a buffer area, but the residence on that parcel was located outside of the
buffer area, the residence was deemed eligible.
The Iowa Department of Human Services day care provider registry was used as the
primary source for addresses for child development homes types A, Band C and child
care centers. The Iowa Department of Human Services defines child development
homes types A, Band C as follows:
A. One adult may care for up to six children (no more than 4 under 24 months and
of those 4, no more than 3 under 18 months) and provide before-and-after school
care for a maximum of 2 school-age children for periods of less than 2 hours.
Criminal and child abuse background checks are completed on the provider and
any members of their household over the age of fourteen, as well as any
assistants or substitutes.
B. One adult may care for up to 6 preschool-aged children or younger (no more
than 4 under 24 months; and of those 4, no more than 3 under 18 months) and
provide before- and after-school care for a maximum of 4 school-age children.
An assistant aged 14 years or older is required if more than 8 children are
present for more than 2 hours at a time. An additional 2 part-time children may
be in care for up to 180 hours per month. These children may be any age, but
the number of infants allowed may never be exceeded. If more than 8 children
are present, both providers must be present. Criminal and child abuse
background checks are completed on the provider and any other members of
their household over the age of 14 years, as well as any assistants or substitutes.
C. Two adults may care for up to 12 preschool-aged children or younger (no more
than 4 children under 24 months) and provide before- and after-school care for a
maximum of 2 school-age children for periods of less than 2 hours. An additional
2 part-time children may be in care for up to 180 hours a month. These children
may be any age, but the number of infants allowed may never be exceeded. If
more than 8 children are present, both providers must be present. Criminal and
child abuse background checks are completed on the provider and any other
members of their household over the age of 14 years, as well as any assistants
or substitutes.
Sex Offender Registry Analysis
Page 3 of 4
Child Care Centers are defined as providers for more than 7 children and licensed by
the Iowa Department of Human Services.
There are a total of 111 child development homes and child care centers located
throughout the community. Those child development homes and child care centers
located outside the corporate limits of the city were not buffered and, therefore, not
included in this analysis.
The DAGIS database shape files were used to identify school and park property and
bike/hike trails.
The child development homes, child care centers, public library and public pool
locations were plotted manually on DAGIS.
DATA LIMITATIONS
There are several limitations on the data collected and analyzed for this report with
respect to availability, currency, and geometric accuracy as described below.
Availabilitv
You asked that Planning staff determine the number of units available to sex offenders.
Planning staff cannot readily determine if those units within defined enclaves are
available. For example, the unit may be located in a senior housing facility that has age
limitations, or in a single-family residential subdivision with few rental units available.
Therefore, availability of units within enclaves is beyond the scope of this study.
Currencv
While school, park, library, pool and bike/hike trail locations are relatively static, child
development homes tend to open and close with greater frequency. This means that
the buffer zones for these facilities can frequently change which will change the number
of residences available to sex offenders and render the data provided below obsolete.
Geometric Accuracv
The data outlined below was generated using the City's DAGIS. The buffer zones and
the distances to each residential unit in an enclave are subject to the resolution and
accuracy of the DAGIS database. The linear accuracy between schools, parks, etc. and
residences can vary, with the possibility that the distance indicated might be plus or
minus several feet. Also, the footprints of some houses may be missing because they
were not entered as part of the original data conversion, were built after 1996, or were
removed (demolished) after 1996.
Sex Offender Registry Analysis
Page 4 of 4
CONCLUSIONS
The 2000 Census determined that there are 23,819 housing units within the city of
Dubuque. The total number of units available to sex offenders and their percentage of
all units under the 6 scenarios listed are outlined below. Maps depicting each of these
scenarios are attached.
Units available to sex offenders when creating a 2,000-foot buffer from:
1. Schools, child development homes and child care centers: 778 units (3.2% of
total units)
2. Schools, child development homes, child care centers and parks: 372 units
(1.6% of total units)
3. Schools, child development homes, child care centers and public library: 778
units (3.2% of total units)
4. Schools, child development homes, child care centers and public pools: 680
(2.8% of total units)
5. Schools, child development homes, child care centers and bike/hike trails: 475
units (2.0% of total units).
6. Schools, child development homes, child care centers, parks, public library,
public pools, and bike/hike trails: 354 units (1.5% of total units)
When schools, child development homes and child care centers are buffered, there are
3major concentrations of units eligible to sex offenders. Over 300 of these units are
located in the Point area primarily along Shiras Avenue, Roosevelt Road and the north
end of Lincoln, Rhomberg and Garfield Avenues. Approximately 200 units are
concentrated on the city's southwest side in the Cedar Lakes subdivision and along
Brunskill Road and Nightengale Lane. The third area includes the MarNa Ridge
subdivision, Patricia Ann Drive and a portion of Kelly Lane with approximately 80 units.
If parks are buffered in addition to child development homes and child care centers, the
number eligible units in the Point area is reduced from over 300 units to about 25 units.
DISCLAIMER
The data included in this report does not constitute official determination of
residences eligible for habitation by registered sex offenders.
Attachments
Prepared by Guy Hemenway, Assistant Planner and David Johnson, Assistant Planner