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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 ~:..' --- --....... 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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