[HISTORY: Adopted by the Village Board of Trustees of the
Village of Slinger 3-20-2023 by Ord. No. 02-01-2023[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 401,
Sex Offenders Residency Restrictions, adopted 5-1-2017 by Ord. No. 04-01-2017
WHEREAS, the Village Board of the Village of Slinger, Washington
County, Wisconsin, deems it a priority to act in the interest of public
safety within our community, particularly in the interest of our children:
and
WHEREAS, according to the U.S. Department of Justice, there
are a record number of convicted sex offenders living in our communities[1]; and
WHEREAS, all convicted child sex offenders have proven themselves
to be dangerous[2]; and
WHEREAS, research in this area has established sex offenders
are rearrested for sex crimes four times more frequently than non-sex
offenders[3]; and
WHEREAS, the reduction of crime and criminal recidivism are
inextricably linked to public safety within our community; and
WHEREAS, the risks posed by sex offenders against children,
are nationally recognized in such landmark legislation as the 1994
Jacob Wetterling Crimes Against Children and Sexually Violent Offender
Registration Act; 1996 Megan's Laws; and the 2006 Adam Walsh
Child Protection and Safety Act; and these risks are also recognized
by legislation in every State in the United States of America including
Wisconsin; and
WHEREAS, the Village Board finds that the data concerning child
sex offenders is horrific and demonstrates the need for action, including
the following[4]:
• "sex crimes are unfortunately fairly common in the United
States."
• "It is estimated that one in every five girls and one
in every seven boys are sexually abused by the time they reach adulthood."
• "Children are particularly vulnerable. Approximately
67% of all victims of reported sexual assaults are under the age of
18, and more than half of these victims are under the age of 12."
• "Most sexual offenses are committed by someone the victim
knows . . . or acquaintance."
• "No single factor or combination of factors can fully
explain why someone offends sexually, though some factors may combine
to increase people's tendency to offend. These factors are .
. . [physiological, sociocultural, developmental] and situational/circumstantial
(e.g. having easy access to victims. . .)."
• "About 12% to 24% of sex offenders will reoffend."
WHEREAS, the Village Board also finds these statistics of the
U.S. Department of Justice to be shocking and a call to action[5]:
• "Approximately 1.8 million adolescents in the United
States have been victims of sexual assault."
• "An estimated 60% of perpetrators of sexual abuse are
known to the child but are not family members, e.g. family friends,
babysitters, child care providers, neighbors."
WHEREAS, in September of 2015 the State of Wisconsin Department
of Corrections conducted an extensive study of sex offender recidivism
between 1997 and 2010, and found that in total there were 631 instances
(4.9% of all releases) of sexual re-offending, and the top two types
of re-offense were second degree sexual assault of a child (103 offenses),
first degree sexual assault of a child (100 offenses); and within
the top 10 re-offenses also were sex with a child ages 16 or older
(46 offenses) and repeated sexual assault of the same child (33 offenses);
and the study concludes that of all the repeat offenses committed
by sex offenders, "sex offenses that specifically reference children
represent a greater proportion of the whole;"[6]
WHEREAS, data within the Village of Slinger may not provide
a large enough sample size for statistical analysis, however, there
is no reason to believe the outcomes would be different in the Village
than were demonstrated statewide by the Department of Corrections
data; and
WHEREAS, the creation of Sex Offender Residency Restrictions
and Safety Zones by municipal ordinance around locations where children
regularly congregate is a reasonable step toward protecting children
and deterring recidivism by reducing the opportunity for new offenses
within our community; and
WHEREAS, the Village Board has reviewed many studies and reports
concerning recidivism of sex offenders and the effectiveness of sex
offender residency restrictions[7], and has been fully advised in the matter; and
WHEREAS, the literature on the subject includes some studies
that support the practice of imposing sex offender residency restrictions
and others that are critical of the practice; and
WHEREAS, the Village Board finds it to be significant that some
of the key studies that have concluded that sex offender residency
restrictions have limited effectiveness have added significant qualifications
to that conclusion; e.g. in "An Evaluation of Sex Offender Residency
Restrictions in Michigan and Missouri," (Huebner, et al., 2013), the
authors generally do not support sex offender residency restrictions,
but nevertheless find that following adoption of sex offender residency
restrictions "the rate of recidivism for technical violations significantly
decreased for Missouri sex offenders. . ." (id. at 9) and "the number
of sex offense convictions did decline. . ." in Missouri (id. at 10);
and
WHEREAS, in review of the residency restrictions of communities
throughout Washington County and its environs, the Village Board finds
that many of such communities have an "original domicile restriction,"
which allows each community to take back its own while not adding
an additional burden of more than its own sex offenders to its community;
such burdens including neighborhood and citizen concerns and responses,
risks of recidivism, and potential property value impacts[8]; and
WHEREAS, if the Village of Slinger would not have an original
domicile restriction, the Village would have open doors for non-resident
sex offender residency when other communities have closed doors, inviting
a substantial increase in child sex offender placements, with the
related adverse impacts on the health, safety and welfare of the Village
and its residents; and
WHEREAS, the Village Board recognizes the merits, mentioned
in some studies, of individualized consideration of the risks and
benefits of residency restrictions on an offender-by- offender basis,
and the Village has carefully considered how it can best provide this
individualized consideration, and hereby intends to create an Appeals
Board with sufficient jurisdiction to consider the original domicile
restrictions to ensure that the ordinance does not banish sex offenders
from the Village; and
WHEREAS, the Village Board recognizes that it cannot eliminate
all risk of child sex offender reoffense, and it must balance all
of the competing public policies, but intends by these regulations
to strike the legislative balance that is appropriate for the circumstances
of the Village of Slinger; and
WHEREAS, it is not the intent of this ordinance to banish sex
offenders from residing within the Village of Slinger and careful
attention has been given to ensure that there are ample locations
for sex offenders to reside within the Village of Slinger in compliance
with the requirements of this ordinance.
[1]
Sex Offender Management Assessment and Planning Initiative,
July 2015, "This includes offenders returning to the community upon
release from incarceration as well as offenders who are serving or
who have been discharged from community-based sentences."
[2]
Kester, 2013 WI App 50, ¶ 30.
[3]
Sex Offender Management Assessment and Planning Initiative,
July 2015, Langan, P., Schmitt, E., & Durose, M. (2003). Recidivism
of Sex Offenders Released from Prison in 1994.
[4]
Center for Sex Offender Management (CSOM) statistics. CSOM
is a collaborative effort of the U.S. Department of Justice, Office
of Justice Programs, the National Institute of Corrections, the State
Justice Institute, and the American Probation and Parole Association,
and these quoted statistics are from its "Fact Sheet: What You Need
to Know about Sex Offenders".
[5]
U.S. Department of Justice, National Sex Offender Public Website
"Facts and Statistics"
[6]
Joseph R. Tatar II, Ph.D. and Anthony Streveler, M.S.W., Sex
Offender Recidivism After Release from Prison, Office of the Secretary,
Research and Policy Unit. State of Wisconsin Department of Corrections
(September 2015).
[7]
These include but are not limited to: Recidivism of sex offenders
released from prison in 1994, U.S. Department of Justice, Office of
Justice Programs, copyright November 2003; The final report of the
Commission to Improve Community Safety and Sex Offender Accountability,
of the State of Maine, dated January 2004; Sex Offender Recidivism
Prediction, Correctional Service of Canada dated October 14, 2004;
Recidivism of Sex Offenders, May 2001, Center for Sex Offender Management;
Treating Sex Offenders, Wisconsin Lawyer Magazine, October 1994; The
Impact of Residency Restrictions on Sex Offenders and Correctional
Management Practices: A Literature Review, Marcus Nieto and Professor
David Jung, California Research Bureau, California State Library,
August 2006; Sex Offenders: You Are Now Free to Move About the Country,
and Analysis of Doe v. Miller's Effects on Sex Offender Residential
Restrictions, UMKC Law Review, Spring 2005; There Goes the Neighborhood?
Estimates of the Impact of Crime Risk on Property Values from Megan's
Laws, Linden and Rockoff, National Bureau of Economic Research, May
2006; The Effect of Proximity to a Registered Sex Offender's
Residence on Single-Family Housing Selling Price, Goliath Appraisal
Journal, July 2003; Sex Offenders, Sexually Violent Predators, Punishment,
Residence Restrictions and Monitoring, California Proposition 83,
Analysis by the Legislative Analyst; An Evaluation of Sex Offender
Residency Restrictions in Michigan and Missouri, Huebner, et al.,
2013.
[8]
Property value impacts have been noted in numerous studies,
including "The Effect on Proximity to a Registered Sex Offender's
Residence on Single-Family House Selling Price," Larsen, J., Lowery,
K., & Coleman, J. (2003), The Appraisal Journal, 71(3), 253-65;
and "Neighborhood Tipping and Sorting Dynamics in Real Estate; Evidence
from the Virginia Sex Offender Registry," Wentland, Bain, Brastow,
Stoll, Waller, Social Science Research Network, April 2013. Property
values are only one such impact. Stop it Now, a non-profit organization
devoted to sex offender research, offers this advice to those concerned
about sex offenders moving into a neighborhood, among others: Create
a family safety plan; attend notification meetings; notify the police
of suspicious activity; and don't wait to take action for prevention.
At a minimum, this heightened awareness and activity burdens the families
and neighbors where sex offenders are placed, and collectively this
burdens the Village staff and resources, for every Sex Offender placement.
The Wisconsin Statutes govern the punishment of individuals
who commit sex crimes. The Wisconsin Statutes also govern the release
into the community of such individuals. The Village of Slinger has
no authority or intent to intervene in either area. The Village of
Slinger recognizes statutory residency restrictions and the limited
exemptions enumerated in § 980.135, Wis. Stats., for sex
offenders released pursuant to § 980.08, Wis. Stats. The
Village Board has closely considered this question and had made numerous
findings and expressions of intent within the preamble to the ordinance
which adopts this Code section which are incorporated herein by reference.
This chapter is a nonpunitive, civil regulatory measure aimed
at protecting the public health, safety and welfare of the children
and citizens of the Village of Slinger from the risk that convicted
sex offenders may re-offend in locations close to their residences.
The Village finds and declares that sex offenders who prey upon children
are a serious threat to public safety and it is necessary for the
Village to enact reasonable measures to reduce the opportunity and
minimize the risk of re-offense by protecting children where they
congregate or play in public places in addition to the protections
afforded by state law near schools and other places children frequent.
As used in this chapter, the following terms shall have the
meanings indicated:
Distributing candy or other items to children or otherwise
participating in trick or treat activities on Halloween, if the sex
offender is not the parent or guardian of such children.
A place where a person sleeps, abides, lodges, or resides
on a permanent or temporary basis. For purposes of this definition,
a "permanent basis" means 14 or more consecutive days and a "temporary
basis" means 14 or more aggregate days during any calendar year or
four or more consecutive or nonconsecutive days in any month. A person
may have more than one residence, and may be mobile or transitory.
Any person who is required to register under § 301.45,
Wis. Stats., for any sexual offense against a child, or any person
who is required to register under § 301.45, Wis. Stats.,
and who has been designated a special bulletin (SBN) sex offender
pursuant to § 301.46(2) and (2m), Wis. Stats. "Sex offender"
also includes any person subject to the sex crimes commitment provisions
of § 975.06, Wis. Stats. "Sex offender" also means any person
found not guilty by reason of disease or mental defect placed on lifetime
supervision under § 971.17(1j), Wis. Stats.
Shall have the meaning set forth in § 980.01(6),
Wis. Stats.
A.
Except as otherwise provided in this chapter, a sex offender may
not establish a permanent or temporary residence within 1,000 feet
of any real property upon which there exists any of the following
uses:
(1)
A school for children.
(2)
A public park, parkway, parkland, park facility, recreational trail
or property zoned P-1 Park and Recreation District.
(3)
A day care licensed by the State of Wisconsin.
(4)
A public library.
(5)
A public playground.
(6)
A public athletic field used by children.
(7)
A residential care center for children.
(8)
A public swimming pool.
(9)
A public community center.
(10)
An aquatic facility open to the public.
(11)
A movie theater.
(12)
Any specialized school for children, including, but not limited
to, a gymnastics academy, dance academy, theater academy or music
school.
(13)
A youth and/or teen center.
B.
For purposes of this section, distance is to be measured in a straight line from the closest boundary line of the real property upon which the residence is located to the closest boundary line of the real property of the applicable use. If any portion of a tax parcel contains a prohibited location, the entire tax parcel shall be considered a prohibited location. If any portion of a tax parcel would constitute a prohibited location of residence under Subsection A, the entire tax parcel shall be considered a prohibited location of residence.
C.
The Village Administrator shall maintain an Official Map showing
the prohibited locations and safety zones within the Village. The
Village Administrator shall update the map at least annually to reflect
any changes in the prohibited locations and safety zones. The map
shall be available in the office of the Village Clerk and posted on
the Village website.
A sex offender residing within an area otherwise prohibited by §§ 401-4 or 401-9 does not commit an offense if any of the following apply:
A.
The sex offender established the permanent residence or temporary
residence and reported and registered the residence pursuant to § 301.45,
Wis. Stats., before the initial effective date of the relevant provision
of this chapter, and the sex offender has resided in such permanent
residence or temporary residence continuously since the effective
date of this chapter, except for temporary absences of no more than
30 consecutive days.
B.
The sex offender had established the permanent residence prior to
the date of the relevant offense, and maintained continuous ownership
or leasehold of the permanent residence during any jail, prison or
other sentence served for the offense.
C.
The prohibited location situated within 1,000 feet of the person's
permanent residence was opened or established after the sex offender
established the permanent residence and reported and registered the
residence pursuant to § 301.45, Wis. Stats.
D.
The residence is also the primary residence of the sex offender's
parents, grandparents, siblings, spouse or children, provided that
such parent, grandparent, sibling, spouse or child established the
residence at least one year before the sex offender established residence
at that location, subject to the following. The sex offender is prohibited
from residing in such location if a victim of an offense giving rise
to the sex offender's designation also resides in the residence
and is a minor, unless the sex offender is on probation or parole
and residing with the victim is approved in writing by the probation
or parole officer; and if not on probation or parole, such location
is prohibited unless approved in writing by the Slinger Chief of Police,
based upon a finding that the circumstances of the offense, the sex
offender, the victim, and all relevant information in the matter substantially
eliminates the risk of re-offense against the victim.
E.
The sex offender is required to serve a sentence at a jail, prison,
juvenile facility, or other facility located at the otherwise prohibited
location.
F.
The sex offender is a minor or ward under guardianship and is not
required to register under §§ 301.48 and 301.46, Wis.
Stats.
G.
The sex offender is temporarily hospitalized.
No sex offender may enter or be present on any real property
upon which there exists any facility used for or which supports the
use of:
A.
A school for children.
B.
A public park, parkway, parkland, park facility, recreational trail
or property zoned P-1 Park and Recreation District.
C.
A day care licensed by the State of Wisconsin.
D.
A public library.
E.
A public playground.
F.
A public athletic field used by children.
G.
A residential care center for children.
H.
A public swimming pool.
I.
A public community center.
J.
An aquatic facility open to the public.
K.
A movie theater.
L.
Any specialized school for children, including, but not limited to,
a gymnastics academy, dance academy, theater academy or music school.
M.
A youth and/or teen center.
A sex offender present in an area otherwise prohibited by § 401-6 does not commit an offense if any of the following apply:
A.
The property supporting a use enumerated in § 401-6 also supports a church, synagogue, mosque, temple, or other house of religious worship, subject to the following conditions:
B.
The property supporting a use enumerated in § 401-6 also supports a use lawfully attended by the sex offender's natural or adopted child or children, which child's use reasonably requires the attendance of the sex offender, provided that entrance and presence on the property occurs only during hours of activity related to the use by the child or children and only as reasonably necessary in connection with such activity.
C.
The property supporting a use enumerated in § 401-6 also supports a polling location in a local, state, or federal election, subject to the following conditions:
It is unlawful for a sex offender to participate in a prohibited
activity.
Except as described in § 401-5D, above, no sex offender may establish a residence in the Village of Slinger unless he or she was a resident of the Village of Slinger at the time of the most recent offense that qualifies for designation as a sex offender. This restriction does not apply if 10 years have passed since the date on which the person was released from prison or placed on parole, probation, extended supervision or other supervised release for the sex offense, provided the sex offender has not been convicted of a Class A felony against a child. The original domicile restriction shall only apply to sex offenders whose applicable crimes or offenses were committed after May 1, 2017, when an original domicile restriction was first enacted.
A.
Any sex offender maintaining a residence within the Village of Slinger that is exempted from the restrictions of this chapter pursuant to § 401-5A, B or C shall lose the exemption if the sex offender's ownership or leasehold of the property ceases at any point in time, at which time the sex offender shall be subject to the restrictions of § 401-4. This shall not be interpreted to prohibit renewal of an existing lease.
A.
No person may sell or rent any place, structure, or part thereof
with knowledge that it will be used as a residence by any sex offender
that is prohibited from establishing residence therein by this chapter.
B.
Notice to Chief of Police. A sex offender, and any property owner
who leases or rents any place, structure, mobile home, trailer or
any part thereof, with the knowledge that it will be used as a permanent
residence or temporary residence by any person who is a sex offender,
must each notify the Village Police Chief in writing a minimum of
28 days prior to establishing either a permanent residence or temporary
residence within the Village. In addition, any property owner who
has leased or rented any place, structure, mobile home, trailer or
any part thereof as a permanent residence or temporary residence by
any person who is a sex offender, at any time during a calendar year,
shall report in writing to the Village Police Chief as to the status
of the leasing or renting by the sex offender, including, without
limitation, the names of all sex offenders who lease or rent any portion
of such place, structure, mobile home, trailer or any part thereof
as of December 1 of such calendar year, the remaining lease term under
the current lease for each sex offender, and if a sex offender no
longer leases or rents such place, structure, mobile home, trailer
or any part thereof, the date said sex offender no longer leased or
rented such place. All such information shall be provided in writing
to the Village Police Chief on or before December 31 of each calendar
year.
C.
Notice to property owner. A sex offender shall tell any property
owner from whom the sex offender intends to lease or rent any place,
structure, mobile home, trailer or any part thereof, that the sex
offender is a sex offender as defined in § 401-3A, prior
to entering into any lease or rental arrangement.
To the extent required by § 980.135, Wis. Stats.,
and notwithstanding the foregoing provisions of this chapter, the
Village of Slinger hereby exempts and may not enforce any portion
thereof that restricts or prohibits a sex offender from residing at
a certain location or that restricts or prohibits a person from providing
housing to a sex offender against an individual who is released under
§ 980.08, Wis. Stats., or against a person who provides
housing to such individual, so long as the individual is subject to
supervised release under Ch. 980, Wis. Stats., the individual is residing
where he or she is ordered to reside under § 980.08, Wis.
Stats., and the individual is in compliance with all court orders
issued under Ch. 980, Wis. Stats.
A.
Injunction. If a sex offender or property owner violates any provision
of this chapter the Village may, in addition to all other rights and
remedies allowed by law or this chapter, refer the matter to the Village
Attorney to bring an action in the name of the Village in circuit
court to seek a temporary restraining order, temporary injunction
or permanent injunction against such sex offender or property owner
to prevent them from violating the terms of this chapter or to take
any action, or prevent any action, necessary for compliance with the
terms of this chapter.
B.
Penalties. Any person, firm or entity who violates any provisions
of this chapter shall, upon conviction thereof, be subject to a forfeiture
not to exceed $1,000, together with the costs of prosecution, and
in default of payment thereof, shall be committed to jail for a period
not to exceed 90 days. Each violation and each day such violation
continues shall be considered a separate offense. Neither the issuance
of a citation nor the imposition of a forfeiture hereunder shall preclude
the Village from seeking or obtaining any and all legal and equitable
remedies available by law or this chapter.
A.
A sex offender may seek an exemption from Chapter 401 by petitioning to the Sex Offender Residence Board ("Residence Board").
B.
The Residence Board shall consist of three citizens residing in the
Village. Members shall be selected by the Village President subject
to the approval by the Village Board. Members shall serve for a term
of five years and shall serve no more than two consecutive terms.
The terms for the initial members of the Residence Board shall be
staggered with one member serving one year, a second member serving
three years and the third member serving five years.
C.
The Residence Board shall approve an official petition form. The
sex offender seeking an exemption must complete the petition and submit
it to the Village Clerk who shall forward it to the Residence Board.
The Residence Board shall hold a hearing on each petition, during
which the Residence Board may review any pertinent information and
accept oral or written statements from any person. The Residence Board
shall base its decision on factors related to the Village's interest
in promoting, protecting and improving the health, safety and welfare
of the community. Applicable factors for the Residence Board's
consideration shall include, but are not limited to:
(1)
Nature of the offense that resulted in sex offender status.
(2)
Date of offense.
(3)
Age at time of offense.
(4)
Recommendation of probation or parole officer.
(5)
Recommendation of Police Department.
(6)
Recommendation of any treating practitioner.
(7)
Counseling, treatment and rehabilitation status of sex offender.
(8)
Remorse of sex offender.
(9)
Duration of time since sex offender's incarceration.
(10)
Support network of sex offender.
(11)
Relationship of sex offender and victim(s).
(12)
Presence or use of force in offense(s).
(13)
Adherence to terms of probation or parole.
(14)
Proposals for safety assurances of sex offender.
(15)
Conditions to be placed on any exception from the requirements
of this chapter.
D.
The Residence Board shall decide by majority vote whether to grant
or deny an exemption. An exemption may be unconditional or limited
to a certain address or time, or subject to other reasonable conditions.
The Residence Board's decision shall be final for purposes of
any appeal. A written copy of the decision shall be provided to the
sex offender and the Village of Slinger Police Department.
