Introduce Ordinance #16-07 Amending Chapter 34 of the City Code known as the Offenses and Miscellaneous Provisions Chapter by Adding Section 34-23 Predatory Offender Residency Restrictions

Purpose: 
The purpose of this case is to introduce for subsequent adoption an ordinance which places restrictions on residency for Level III predatory offenders. Council previously discussed the proposed ordinance at a work session held on August 23, 2016, and directed that staff bring it forward to a regular meeting for formal action.  Council reviewed ordinances from the cities of Andover and Anoka, as well as a proposed City of Ramsey ordinance, and a map of Ramsey with the 2000 foot buffer (licensed day cares, parks, schools) applied.  Attached for formal action is the proposed ordinance for Ramsey and the map previously reviewed. 

Background: 
There is currently no Minnesota laws that restrict where a Level III predatory offender can live upon release from prison or a treatment facility.  However, at least 39 Minnesota cities have adopted ordinances creating residency restrictions for Level III predatory offenders. The Minnesota Department of Corrections assigns a risk level to predatory offenders and Level III offenders are deemed the highest risk to re-offend.  Minnesota law requires community notification for a Level III predatory offender moving into a community.  The City of Ramsey currently has no Level III predatory offenders living in the community.

In 2015, US District Court Judge Donovan Frank ruled that the Minnesota Sex Offender Treatment Program (MSOP) was unconstitutional and ordered changes to MSOP practices.  The potential existed that predatory offenders could be released from state run treatment facilities.  According to the Minnesota Department of Corrections, there are approximately 17,500 registered predatory offenders in Minnesota of which 370 are Level III offenders living in Minnesota communities and 800 are currently in prison, jail or a secure treatment facility. The State of Minnesota appealed the decision to the U.S. Court of Appeals in April of 2016. No appeals court decision has been published to date. 

In 2016, the neighboring cities of Anoka and Andover passed ordinances adopting residency restrictions for Level III predatory offenders.  Level III predatory offenders are restricted in those cities from permanently or temporarily residing within 2000 feet of a licensed daycare, school, park, or place of assembly for children. 

Council Action:  Motion to Introduce Ordinance #16-07 Amending Chapter 34 of the City Code known as the Offenses and Miscellaneous Provisions Chapter by Adding Section 34-23 Predatory Offender Residency Restrictions