Adopt Ordinance #16-08 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 adopt Ordinance #16-07 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 the proposed City of Ramsey ordinance, and a map of Ramsey with the 2000 foot buffer (licensed day cares, parks, schools) applied.  Attached for adoption is the ordinance for Ramsey and the map previously reviewed.  Ordinance #16-08 was introduced at the September 13, 2016 Council regular session. 

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 waive the City Charter requirement to read the ordinance aloud and adopt Ordinance #16-08 Amending Chapter 34 of the City Code known as the Offenses and Miscellaneous Provisions Chapter by Adding Section 34-23 Predatory Offender Residency Restrictions.

Roll Call Vote:
Councilmember Johns
Councilmember Kuzma
Councilmember LeTourneau
Councilmember Riley
Councilmember Shryock
Councilmember Williams
Mayor Strommen