CHAPTER 133: RESIDENCY OF PREDATORY OFFENDERS
Section
   133.01   Title
   133.02   Findings and purpose
   133.03   Definitions
   133.04   Prohibited locations of residences for designated offenders
 
   133.99   Penalty
§ 133.01 TITLE.
   This chapter shall be known and referenced as the Predatory Offender Residency Restriction Ordinance.
(Ord. 2020-05, passed 10-19-2020)
§ 133.02 FINDINGS AND PURPOSE.
   (A)   Offenders who have committed certain statutorily designated sexual offenses and other identified offenses are required by state statutes to register their addresses, secondary addresses, work locations and vehicles with the state Department of Corrections.
   (B)   Offenders who have committed the designated sexual and predatory offenses and are confined in state correctional facilities or treatment facilities are subject to provisions set forth in M.S. § 244.052. An offender is subject to review by an End of Confinement Review Committee (ECRC) established by the state Commissioner of Corrections. The ECRC is required to assess, review, and assign a risk level before the offender is released from confinement, pursuant to M.S. § 244.052. The offender is entitled to notice of the ECRC meeting and has the right to be present and be heard at the meeting.
   (C)   Offenders who, upon release from confinement, are assigned a risk level III are those who score a high risk to re-offend and represent the greatest risk to other residents of the city.
   (D)   Research indicates the measurement of individual characteristics are the best predictors of likelihood of re-offending and the end of confinement review process sets forth the procedures identified in M.S. § 244.052 resulting in the assigned risk level.
(Ord. 2020-05, passed 10-19-2020)
§ 133.03 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CHILD or CHILDREN. Any person or persons under 18 years of age.
   DESIGNATED OFFENDER. Any person:
      (1)   Who has been convicted of an offense identified under M.S. § 243.166, Subd. 1b requiring the offender to register with the Department of Corrections;
      (2)   Who has been confined in a correctional or treatment facility under the direction or control of the Department of Correction or the state Department of Human Services and has been assigned a risk level of III (referred to as a Level III predatory offender);
      (3)   DESIGNATED OFFENDER also includes any person who has been convicted of a similar law of another state, as identified under M.S. § 243.166, Subd. 1b.
   DESIGNATED SCHOOL BUS STOP. Any intersection or address identified by a school as a location where students are scheduled to be picked up or dropped off as part of a regular route or schedule, and identified as such by a school at the time the designated offender is released from a facility.
   LEVEL III PREDATORY OFFENDER. Any person who has committed an offense identified in M.S. § 243.166, or similar offense of another state; has been confined in a state correctional or treatment facility, or similar facility of another state; and has been assigned a risk level III at the offender’s end of confinement review meeting.
   LICENSED CHILD CARE FACILITY. Any facility, center, home or institution licensed by the state, pursuant to M.S. § 245A and shall specifically include an individual home, center, or facility where children are cared for pursuant to the requirements of a license issued by the state Department of Human Services.
   PREDATORY OFFENDER. Offenders convicted of sexual offense designated in M.S. § 243.166, Subd. 1b, or a same or similar provision of another state.
   PUBLIC PARK. An area owned and controlled by a local government for recreational use and/or preservation of natural space.
   RESIDENCE. The place where the person abides, lodges, or resides for 14 days.
   SCHOOL. Any public school or school building defined per M.S. § 120A.05 or any non-public school or educational institution, per M.S. § 123B.41, providing instruction to children, and shall include any structure, land, or facility owned, leased or used for operation of the school or school activities.
(Ord. 2020-05, passed 10-19-2020)
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