Number
240852
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. TAYLOR, CHAMBERS, JACKSON
Title
Substitute resolution amending the City of Milwaukee’s legislative package to seek introduction and passage of state legislation requiring nursing home and community-based residential facility management to notify staff, residents and residents’ families if a sex offender resides or works in the facility.
Analysis
This resolution amends the City of Milwaukee’s Legislative Package to include support for legislation requiring nursing home and community-based residential facility management to notify staff, residents and residents’ families if a sex offender resides or works in the facility.
Body
Whereas, Wisconsin law does not require management at nursing homes or community-based residential facilities (CBRF) to notify staff, residents or residents’ families that a sex offender resides or works in the facility; and
Whereas, A CBRF is a place where five or more unrelated people live together in a community setting; and
Whereas, Individual families must seek information about whether sex offenders reside or work in specific nursing home facilities and CBRFs; and
Whereas, For the purposes of this resolution, “family members” are defined as individuals related either by blood or by marriage, individuals holding power of attorney over others, and individuals recorded as emergency contacts; and
Whereas, For the purposes of this resolution, “sex offenders” are defined as individuals who have committed first, second or third degree sexual assault and have subsequently registered as sex offenders as a mandatory condition of their convictions; and
Whereas, First, second and third degree sexual assault charges typically involve defendants engaging in some form of non-consensual sex, sexually violent offenses, sexual exploitation by therapists, or sex crimes involving children; and
Whereas, By cross-referencing licensed nursing home facilities with the Dru Sjodin National Sex Offender public website, a WISN 12 ABC News study found that there were 30 sex offenders living at 25 nursing homes in Wisconsin as of February 2024; and
Whereas, The presence of individuals who have previously been convicted of sexual crimes represents a threat to elderly populations who would potentially be living in close proximity to such persons; and
Whereas, By requiring nursing homes and CBRFs to notify their staff, residents, and residents’ family members regarding the presence of sex offenders, the people who work and reside, and residents’ family members, would have the ability to make informed decisions about protecting themselves or potentially moving to a different facility; and
Whereas, When residents are mentally incapacitated and not able to make informed decisions regarding their living situations, the nursing home and CBRF management should notify the residents’ family members of the presence of individuals who have previously been convicted of sex offenses; and
Whereas, Notification shall be made in written form and shall be issued to all employees and all family members who are listed as emergency contacts, as well as individuals who hold power of attorney over the residents; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the Department of Administration-Intergovernmental Relations Division is directed to seek introduction and passage of state legislation requiring nursing home and community-based residential facility management to notify staff, residents and residents’ families if a sex offender resides or works at a nursing home; and, be it
Further Resolved, That Common Council Resolution File Number 220724 is amended by inserting the following item in the document attached to the file and identified as “Amended State Legislative Package”:
|
Public Health and Safety |
Common Council |
Seek introduction and passage of state legislation requiring nursing home and community-based residential facility management to notify staff, residents and residents’ family members if a sex offender resides or works in the facility. |
; and, be it
Further Resolved, That the City Clerk shall forward copies of this resolution to members of the City of Milwaukee’s delegation to the Wisconsin Legislature.
Requestor
Drafter
LRB180134-3
Alex Highley
10/14/2024