Sexual Offender Residency ReqTHE CITY OF
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MEMORANDUM
March 13, 2007 ~ o
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TO: The Honorable Mayor and City Council Members n `~
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FROM: Michael C. Van Milligen, City Manager ~ o
SUBJECT: Sexual Offender Residency Requirements
Chief of Police Kim Wadding is recommending that the City Council support a resolution
urging the repeal of the Iowa Code relating to the 2000-foot residency restriction for
sexual offenders and replacing it with Child Safe Zone legislation.
For some time law enforcement has continued to struggle with the enforcement of the
sexual offender 2000-foot rule restricting where a sexual offender can reside. The rule
does nothing to restrict where or how often sexual predators can visit where children
frequent such as schools and day care centers. Due to the limited residency areas
where a sexual offender can reside, the current 2000-foot restriction has worked to
discourage sexual offenders from registering and reporting where they are living.
At the present time, there are no provisions within the law to stop those who are on the
sexual registry from working in or around schools or day care centers or areas where
children frequent. By restricting where sexual predators may visit we begin to effectively
address the needed safety and security measures to protect children. With the creation
and implementation of child safe zones, the protective areas are easy to identify and
enforce. Child safe zones are areas where sex offenders are prohibited from visiting
except under pre-approved conditions. The attached resolution encourages the
replacement of the current residency restriction with the creation of child safe zones.
In response of this needed change, a number of associations have joined together to
support this measure. Those associations include: Iowa League of Cities. the Iowa
County Attorney's Association, Iowa Association of Chiefs of Police & Peace Officers,
Iowa State Sheriffs and Deputies' Association, Prevent Child Abuse of Iowa, Iowa
Coalition Against Sexual Assault, Iowa Association of School Boards, Iowa State
Association of Counties, Iowa Supervisors Association, Teamsters Law Enforcement
League, and members of the joint public safety board, including Iowa State Police
Association, Iowa State Troopers Association, Iowa State Patrol Supervisors
Association, Iowa Professional Firefighters, and the State Police Officers Council.
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concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kim Wadding, Chief of Police
THE CITY OF
DUB E
~~
MEMORANDUM
Date: March 13, 2007
To: Michael C. Van Milligen
City Manager
From: Kim B. Wadding
Police Chief
Re: Resolution Repealing Sex Offenders Residency Restrictions and replacing it with
Child Safe Zone Legislation
INTRODUCTION:
The purpose of this memorandum is to seek City Council consideration and adoption of
the attached resolution urging the repeal of Iowa Code §692A.2A relating to the 2000-
foot residency restriction for sexual offenders and replacing it with child safe zone
legislation.
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 nonpublic elementary or secondary
school, or a child care facility, commits an aggravated misdemeanor.
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.
Since the inception of this law, the law has proven ineffective and of little value in
providing a realistic approach to the protection of children. Additionally, the law through
the strict residency limitation has worked to discourage sexual offenders from
registering and having to identify where they live.
DISCUSSION:
For some time law enforcement has continued to struggle with the enforcement of the
sexual offender 2000-foot rule restricting where a sexual offender can reside. The rule
does nothing to restrict where or how often sexual predators can visit where children
frequent such as schools and day care centers. Due to the limited residency areas
where a sexual offender can reside, the current 2000-foot restriction has worked to
discourage sexual offenders from registering and reporting where they are living.
At the present time, there are no provisions within the law to stop those who are on the
sexual registry from working in or around schools or day care centers or areas where
children frequent. By restricting where sexual predators may visit we begin to effectively
address the needed safety and security measures to protect children. With the creation
and implementation of child safe zones, the protective areas are easy to identify and
enforce. Child safe zones are areas where sex offenders are prohibited from visiting
except under pre-approved conditions. The attached resolution encourages the
replacement of the current residency restriction with the creation of child safe zones.
In response of this needed change, a number of associations have joined together to
support this measure. Those associations include: Iowa League of Cities. the Iowa
County Attorney's Association, Iowa Association of Chiefs of Police & Peace Officers,
Iowa State Sheriff's and Deputies' Association, Prevent Child Abuse of Iowa, Iowa
Coalition Against Sexual Assault, Iowa Association of School Boards, Iowa State
Association of Counties, Iowa Supervisors Association, Teamsters Law Enforcement
League, and members of the joint public safety board, including Iowa State Police
Association, Iowa State Troopers Association, Iowa State Patrol Supervisors
Association, Iowa Professional Firefighters, and the State Police Officers Council.
RECOMMENDATION:
I recommend City Council consideration to adopt the attached resolution in support of
repealing Iowa Code §692A.2A relating to the 2000-foot residency restriction and
replace it with child safe zone legislation.
ACTION REQUESTED:
The action requested is for City Council consideration and adoption of the attached
resolution supporting the repeal of Iowa Code §692A.2A relating to the 2000-foot
residency restriction and replacing it with child safe zone legislation.
Cc: Barry Lindahl, Corporation Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
Preparers Kim B. Wadding Address: 770 Iowa Street Phone: f563) 589-4411
RESOLUTION NO. 174-07
URGING THE REPEAL OF IOWA CODE §692A.2A AND REPLACING IT WITH
CHILD SAFE ZONE IOWA LEGISLATION
Whereas, the Dubuque City Council has considered the issues of the
ineffectiveness and the expenditure of law enforcement resources related to sex
offender registry restrictions resulting from Iowa Code § 692A.2A; and
Whereas, the Iowa League of Cities, the Iowa County Attorney's Association,
Prevent Child Abuse Iowa, the Iowa Coalition Against Sexual Assault, the Iowa
Association of School Boards, the Iowa State Association of Counties, the Iowa
Association of Chiefs of Police and Peace Officers, the Iowa State Sheriffs and
Deputies' Association, and not less than seven other professional Iowa groups and
associations support the repeal of Iowa Code § 692A.2A and the implementation of
child safe zones; and
Whereas, the Dubuque City Council desire to express their support for the repeal
of Iowa Code §692A.2A and its replacement with child safe zones.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Iowa General Assembly and the Governor of Iowa should
repeal Iowa Code §692A.ZA and replace it with child safe zone legislation.
Passed, approved and adopted this 19th day of March, 2007.
Mayor Roy D. Buol
Mayor
Attest:
Jeanne F. Schneider
City Clerk