(A) The City Council finds that many sex offenders pose a significant risk to the health and safety of inhabitants of the City of Albuquerque. The Council further finds that these offenders will likely re-offend and that treatment and rehabilitation efforts are largely ineffective. The City Council finds that a more comprehensive local counterpart of the New Mexico Sex Offender Registration and Notification Act which includes regulations and requirements in addition to registration will help prevent offender exploitation of exceptions in existing laws and provide additional safety for Albuquerque inhabitants. The City Council further finds that §§ 11-12-2-1 et seq. are remedial sections designed to protect occupants of the City of Albuquerque. The City Council further finds §§ 11-12-2-1 et seq. to be the most narrowly tailored means of furthering compelling governmental interests. Sections 11-12-2-1 et seq. hereby conform to a memorandum opinion entered on January 30, 2004 in American Civil Liberties Union of New Mexico and John Does 1-4 v. City of Albuquerque, No. CV-2003-8803.
(B) The City Council finds that the protection of the victims and potential victims of sex offenders in Albuquerque is a matter of unique local concern not fully and adequately addressed by the New Mexico Sex Offender Registration and Notification Act. The City Council finds that statewide offenders move to Albuquerque from smaller towns and rural areas in New Mexico to seek treatment, housing, employment and the solace of anonymity available in a larger population. The City Council finds that the evidence on sex offender recidivism and victim impact which was heard by the City Council on March 17, 2003 and April 7, 2003 pertaining to the Sex Offender Alert Program, Bill No. F/S O-03-92, Enactment No. 19-2003, and in the hearings pertaining to F/S O-03-125, Enactment No. 43-2003, is pertinent herein and therefore incorporated by reference. The City Council finds that statewide registration laws do not entirely occupy the field of sex offender registration and further finds precedent for local versions of registration laws and measures based on the unique local concerns reflected in local laws passed by other local governments.
(Ord. 43-2003; Am. Ord. 17-2004)