Number
050644
Version
SUBSTITUTE 3
Reference
Sponsor
ALD. ZIELINSKI AND WITKOWIAK
Title
A substitute ordinance relating to community notification of sex offenders.
Sections
106-10 cr
Analysis
This ordinance directs the city clerk to notify in writing residents within a 500-foot radius of a premises where a sex offender is residing. The city clerk shall, on a monthly basis, request in writing from the chief of police information relating to a sexual offender, including the residence of a sex offender. The notice provided to residents shall contain information as specified under s. 301.46(2)(b)1 to 3, and 6, Wis. Stats., which includes the offender’s name; information sufficient to identify the offender; the statute the offender violated, date of conviction, adjudication or commitment; and the name of the agency supervising the offender.
This notification shall be applicable to persons convicted of first degree sexual assault of a child under s. 948.02(1), Wis. Stats.; second degree sexual assault of a child under s. 948.02(2), Wis. Stats.; and third degree sexual assault under s. 940.225(3), Wis. Stats., where the victim is a minor.
Body
Whereas, The Common Council is concerned about numerous recent occurrences in this state and elsewhere, whereby convicted sex offenders who have been released from custody repeat the unlawful acts for which they had originally been convicted; and
Whereas, The Common Council finds from the evidence that the recidivism rate for released sex offenders is alarmingly high, especially for those who commit their crimes on children; and
Whereas, The City of Milwaukee is a place of residence for families with small children; and
Whereas, Both s. 62.11(5) Wis. Stats., and s. 4-10, Milwaukee city charter, provide that the Common Council may enact legislation for the health, safety and welfare of the citizens of the City of Milwaukee; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 106-10 of the code is created to read:
106-10. Community Notification of Sex Offenders.
1. REQUEST TO THE POLICE CHIEF. The city clerk shall, on a monthly basis, request in writing from the chief of police information relating to registered sexual offenders, including the residences of the offenders.
2. COMMUNITY NOTICE. For each sexual offender for whom the chief of police provides information to the city clerk, the city clerk shall provide written notice to each resident within a 500-foot radius of the offender’s address that a registered sexual offender is residing within 500-feet of his or her residence. This notice shall contain the information specified under s. 301.46(2)(b)1 to 3 and 6, Wis. Stats.
3. APPLICABILITY. The provisions of sub. 2 shall apply to persons convicted of first degree sexual assault of a child under s. 948.02(1), Wis. Stats.; second degree sexual assault of a child under s. 948.02(2), Wis. Stats.; and third degree sexual assault under s. 940.225(3), Wis. Stats., where the victim is a minor.
LRB
APPROVED AS TO FORM
________________________
Legislative Reference Bureau
Date:______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
_____________________________
Office of the City Attorney
Date:________________________
Requestor
Drafter
LRB05363-4
AEH
10/21/2005