[HISTORY: Adopted by the Town Board of the Town of Winneconne 8-20-2020 by Ord. No. 2020-5. Amendments noted where applicable.]
A.
The Wisconsin Statutes, including Chapters 940, 944, and 948 thereof,
govern the punishment of individuals who commit sex crimes. The Wisconsin
Statutes also govern the release into the community of such individuals.
The Town is responsible to maintain the public health, safety, and
welfare and finds that sex offenders have high recidivism rates that
threaten the public health, safety, and welfare, especially that of
children.
B.
The Town Board has reviewed findings in several studies related to
recidivism and risk related to individuals who have committed sex
crimes. Those studies include the following:
(1)
"Center for Sex Offender Management Fact Sheet: What You Need to
Know About Sex Offenders." This fact sheet provided information about
sex offender recidivism, including that it is estimated that one in
every five girls and one in every seven boys are sexually abused by
the time they reach adulthood; that one in six adult women and one
in 33 adult men experience an attempted or completed sexual assault;
that approximately 67% of all victims of reported sexual assaults
are under age 18 and more than half are under age 12; and that about
12% to 24% of sex offenders will reoffend.
(2)
"U.S. Department of Justice, Bureau of Justice Statistics - Recidivism
of Sex Offenders Release from Prison in 1994." This study found that
compared to non-sex offenders release from state prisons, release
sex offenders were four times more likely to be rearrested for a sex
crime.
(3)
"Correctional Service Canada - Forum on Corrections Research." This
study of 178 sex offenders released from a maximum-security psychiatric
facility found that after an average follow-up of 59 months, 27.5%
of sex offenders in the study sexually recidivated and 40.4% of the
sex offenders were arrested, convicted, or returned to a psychiatric
facility for a violent offense.
(4)
"California Research Bureau - The Impact of Residency Restrictions
on Sex Offenders and Correctional Management: A Literature Review."
This study found that at the time it was written 22 states had enacted
some form of residency restriction that prohibits sex offenders from
living within a certain distance of schools, day-care centers, or
places where children congregate. The least restrictive among them
was 500 feet, but distances from 1,000 to 2,500 feet were common.
(5)
"National Bureau of Economic Research - There Goes the Neighborhood?
Estimates of the Impact of Crime Risk on Property Values from Megan's
Laws." This study found that the majority of both violent and nonviolent
offenses take place less than one mile from victims' homes. It
also found that prices of homes near sex offenders declined considerably
following an offender's arrival in the neighborhood.
(6)
"An Evaluation of Sex Offender Residency Restrictions in Michigan
and Missouri." This study found that while in Michigan, residency
restrictions led to a slight increase in recidivism, in Missouri,
the reconviction rate declined.
C.
Based on the above studies and other information presented to the
Town Board, the Board determines that the restrictions set forth in
this chapter serve the purpose of protecting the public health, safety,
and welfare from the risk of recidivism of sex offenders The Board
further determines that the intent and effect of this chapter is not
to banish sex offenders from residing within the Town, and careful
attention has been given to ensure that there are ample locations
for sex offenders to reside within the Town in compliance with the
requirements of this chapter.
D.
The Board further determines that the opportunity for individualized
consideration of the risks and benefits of residency restrictions
on a case-by-case basis is the best approach to achieve the purposes
of this chapter and, to that end, this chapter establishes an "exemption"
process by which a sex offender may seek an exemption from its residency
restrictions by petitioning to the Board's Sex Offender Residence
Board.
The purpose of this chapter is to protect the public health,
safety, and welfare in the Town by regulating the residency of sex
offenders.
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean any of the following offenses set forth in the
Wisconsin Statutes, as amended, or in the laws of this or any other
state or the federal government having like elements necessary for
conviction, respectively:
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Wis. Stat. § 940.225(1) First Degree Sexual Assault;
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Wis. Stat. § 940.225(2) Second Degree Sexual Assault;
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Wis. Stat. § 940.225(3) Third Degree Sexual Assault;
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Wis. Stat. § 940.22(2) Sexual Exploitation by Therapist;
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Wis. Stat. § 940.30 False Imprisonment - victim was
minor and not offender's child;
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Wis. Stat. § 940.31 Kidnapping - victim was minor
and not offender's child;
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Wis. Stat. § 944.02 Rape (prior statute, now Wis.
Stat. § 940.225);
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Wis. Stat. § 944.06 Incest;
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Wis. Stat. § 944.10 Sexual Intercourse with a Child
(prior statute, now Wis. Stat. § 948.02);
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Wis. Stat. § 944.11 Indecent Behavior with a Child
(prior statute, now Wis. Stat. § 948.02);
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Wis. Stat. § 944.12 Enticing Child for Immoral Purposes
(prior statute, now Wis. Stat. § 948.07);
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Wis. Stat. § 948.02(1) First Degree Sexual Assault
of a Child;
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Wis. Stat. § 948.02(2) Second Degree Sexual Assault
of a Child;
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Wis. Stat. § 948.025 Engaging in Repeated Acts of
Sexual Assault of the Same Child;
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Wis. Stat. § 948.05 Sexual Exploitation of a Child;
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Wis. Stat. § 948.055 Causing a Child to View or Listen
to Sexual Activity;
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Wis. Stat. § 948.06 Incest with a Child;
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Wis. Stat. § 948.07 Child Enticement;
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Wis. Stat. § 948.075 Use of a Computer to Facilitate
a Child Sex Crime;
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Wis. Stat. § 948.08 Soliciting a Child for Prostitution;
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Wis. Stat. § 948.095 Sexual Assault of a Student by
School Instruction Staff;
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Wis. Stat. § 948.11(2)(a) or (am) Exposing a Child
to Harmful Material;
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Wis. Stat. § 948.12 Possession of Child Pornography;
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Wis. Stat. § 948.13 Convicted Child Sex Offender Working
with Children;
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Wis. Stat. § 948.30 Abduction of Another's Child;
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Wis. Stat. § 971.17 Not Guilty by Reason of Mental
Disease or an Included Offense; and
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Wis. Stat. § 975.06 Sex Crime Law Enforcement.
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A place where a person sleeps, abides, lodges, or resides
on a permanent or regular basis. For purposes of this definition,
a permanent basis means 14 or more consecutive days and a regular
basis means 14 or more aggregate days during any calendar year and
four or more days in any month. A person may have more than one residence.
A person who has been convicted of, has been found delinquent
of, or has been found not guilty of by reason of disease or mental
defect of a sexually violent offense or a crime against children.
Shall have the meaning set forth in Wis. Stat. § 980.01(6).
A.
Except as otherwise provided in this chapter, a sex offender may
not reside within 2,000 feet of any real property upon which there
exists any of the following uses, whether the applicable following
use is located within the Town or in another municipality:
(1)
A school for children.
(2)
A public park, park facility, or pathway.
(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.
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 sex offender's residence is located to the closest boundary
line of the real property of the applicable use.
A sex offender residing within an area otherwise prohibited by § 254-4 does not commit an offense if any of the following apply:
A.
The person is required to serve a sentence at a jail, prison, juvenile
facility, or other facility located at the otherwise prohibited location.
B.
The person had established a residence, as defined § 254-3 above, at the location prior to the effective date of this chapter.
C.
The use enumerated in § 254-4 was established after the sex offender established a residence at the location and registered that residence as required by law.
D.
The sex offender is a minor or ward under guardianship.
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, park facility, or pathway.
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.
A sex offender present in an area otherwise prohibited by § 254-6 does not commit an offense if any of the following apply:
A.
The property supporting a use enumerated in § 254-6 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 § 254-6 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.
C.
The property supporting a use enumerated in § 254-6 also supports a polling location in a local, state, or federal election, subject to the following conditions:
In addition to the other residency restrictions set forth herein and subject to the limitations in § 254-5, no sex offender may establish a residence in the Town unless he or she was a resident of Winnebago County at the time of the most recent offense resulting in the person's most recent conviction, commitment, or placement as a sex offender. This limitation shall not apply to the establishment of a residence at a dwelling that is owned by a member of the sex offender's family at the time the sex offender establishes residence therein. For purposes of this section, a member of a sex offender's family means the sex offender's mother, father, brother, sister, child, or grandparent.
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.
A.
A sex offender may seek an exemption from this chapter by petitioning
to the Sex Offender Residence Board ("Residence Board").
B.
The Residence Board shall consist of three citizens residing in the
Town. Members shall be selected by the Town Chairperson subject to
the approval of the Town 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 a 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 Town 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 Town's interest
in promoting, protecting, and improving the health, safety, and welfare
of the community. Applicable factors for the Residence Board to consider
include, but are not limited to:
(1)
Nature of the offense that resulted in designated offender status.
(2)
Date of offense.
(3)
Age at time of the offense.
(4)
Recommendation of probation or parole officer.
(5)
Investigative report of the Police Department.
(6)
Recommendation of any treating practitioner.
(7)
Counseling, treatment and rehabilitation status of the 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 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 assurance of sex offender.
(15)
Conditions to be placed on the exemption.
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, 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 Police Department.
A person violating this chapter shall be subject to forfeitures
in an amount of not less than $200 nor more than $500 for each violation,
plus the costs of prosecution (including reasonable attorneys'
fees). For purposes of calculating forfeitures, each day that a violation
exists shall constitute a separate offense. Violations of this chapter
are also deemed public nuisances, and the Town may bring an action
in circuit court to enjoin or abate any violation.
