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HomeMy WebLinkAboutOrd 253-2006 Sex Offender Registration Regulations.pdfClTY OF ANNA, TEXAS ORDINANCE NO. 253-2006 AN ORDINANCE OF THE ClTY OF ANNA, TEXAS, PERTAINING TO LOCAL SEX OFFENDERS AND PROVIDING FOR LEGISLATIVE PURPOSE AND INTENT; PROVIDING DEFINITIONS; PROVIDING FOR LOCAL REGISTRATION AND CHANGE-OF-ADDRESS PROCEDURES FOR LOCAL SEX OFFENDERS; PROVIDING FOR COMMUNITY NOTIFICATION AS TO INFORMATION PERTAINING TO LOCAL SEX OFFENDERS; PROVIDING FOR TERMINATION OF STATUS AS SEX OFFENDER; ADDRESSING LIABILITY OF ClTY OFFICIALS, OFFICERS AND EMPLOYEES; PROVIDING A PENALTY NOT TO EXCEED $2,000 OR THE MAXIMUM AMOUNT ALLOWED BY LAW FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING A REPEALER PROVISION; PROVIDING A SEVERANCE PROVISION; AND, SETTING AN EFFECTIVE DATE. WHEREAS, the members of the Crty Council of the City of Anna, Texas are deeply and profoundly concerned about the unfortunate, numerous occurrences within the State of Texas and the United States when convicted sexual offenders have been released from custody and then repeat the same or similar unlawful acts for which they had originally been convicted; and WHEREAS, the Crty Council of the City of Anna, Texas finds from the available evidence that the recidivism rate for released sexual offenders is alarmingly high, especially for those who commit crimes upon children; and WHEREAS, the United States Department of Justice, Office of Justice Programs, Bureau of Justice Statistics (BJS), studied the recidivism of sex offenders released since 1994 and found the following: 1. within three (3) years following their release, 5.3% of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime; 2. on average, the 9,691 sex offenders served less than half of the 8-year average sentence; ORD. NO. 253-2006 Pertaining to Sex Offenders 1 3. compared to non-sex offenders released from state prisons, released sex offenders were four (4) times more likely to be rearrested for a sex crime; 4. of the released sex offenders, 3.5% were reconvicted for a sex crime within the three (3) year follow-up period, 24% were reconvicted for a new offense and 38.6% were returned to prison, either because they received another prison sentence or because of a parole violation; and 5. the 9,691 released sex offenders studied included 4,295 men who were in prison for child molesting; and WHEREAS, other BJS surveys have shown that 70% of all men in prison for a sex crime were men whose victim was a child; and WHEREAS, the Texas Department of State Health Services Council on Sex Offender Treatment recently found that incarceration in a penal institution does not deter repeat sexually violent predators or the proliferation of sexual violence and that decades of research across a broad spectrum of issues show that punishment merely suppresses deviant behavior and does not eradicate it. WHEREAS, experts in the area of criminology have stated that "all sexual assaults should be considered violent behavior;" and WHEREAS, experts in the field of child sex crimes, such as those at the John Jay College in New York, state that " . . . child sexual abuse is significantly underreported" and a study of the Center for Sex Offender Management, a project of the United States Department of Justice, noted that "[allthough sex offenders account for only a small percentage of the total offender population, probably no other group of offenders evokes as much fear in citizens and concern among policymakers and practitioners. In an effort to protect the public from the threats posed by known sex offenders and to ensure that the most effective management practices possible are in place, communities across the country are working hard to assess and plan improvements in their current approaches to sex offender management;" and WHEREAS, one expert author has written that "[tlhere is overwhelming evidence that indicates that our current system of punishing or treating sexual offenders is failing us" and a publication of the American Medical Association (AMA) states that ll[c]hild sexual abuse has been endemic for generations, but recognition of the prevalence and the potential devastating psychological effects have only recently received attention" and the AMA publication goes on to state that "[rlecent studies suggest that approximately 20% of children will be sexually abused in someway before they reach adulthood, with this figure cumulating at a rate of about 1 % each year;" and WHEREAS, the Colorado Bureau of Investigation has assembled the following relevant statistics: ORD. NO. 253-2006 Pertaining to Sex Offenders 2 1. in 2001, there were approximately 386,000 registered sex offenders in the United States: 2. approximately 95% of sex offenders in the U.S. are under correctional supervision in the community; 3. at least half of convicted child molesters report that they also have been sexually assaulted as a child; 4. over 80% of convicted adult rapists report that they have molested children; 5. approximately one-third (113) of sex offenders report assaulting both males and females; 6. research shows that most convicted sex offenders have committed many, many assaults before they are caught; 7. most sex offenders report that they have committed multiple types of sexual assault (sexual assault crimes include exhibitionism, voyeurism, oral sex, vaginal penetration, attempted penetration, fondling, and incest); 8. over two-thirds (213) of offenders who reported committing incest also said they assaulted victims outside the family; 9. studies of victims have found that less than 16% of sex crimes are reported to law enforcement; 10. young victims who know or are related to the perpetrator are least likely to report the crime to authorities; I I most offenders commit multiple crimes against multiple types of victims with whom they have varying types of relationships (adults, children, male, female, known and unknown); 12. sex offenders rarely commit a single type of offense; and 13. sex offenders usually do not commit their crimes impulsively, they usually carefully plan their crimes; and WHEREAS, the City of Anna, Texas is a family oriented community which highly values its children and is a place that families with young children find highly desirable; and ORD. NO. 253-2006 Pertaining to Sex Offenders 3 WHEREAS, the City of Anna, Texas desires to ensure that the citizens of the City of Anna are protected from criminal activity to the maximum extent afforded by controlling law in order to advance the public health, safety and welfare, and benefit the citizens of the City of Anna, Texas to the maximum extent possible; and WHEREAS, Chapter 62 of the Texas Code of Criminal Procedure provides, in pertinent part, that "[a] person who has a reportable conviction or adjudication [of certain sex crimes or violent crimes against minors] or who is required to register [as a sex offender] as a condition of parole, release to mandatory supervision, or community supervision shall register. . .with the local law enforcement authority in any municipality where the person resides or intends to reside for more than seven days [and that the information required to be registered includes but is not limited to] the person's full name, each alias, date of birth, sex, race, height, weight, eye color, hair color ... and home address;" and WHEREAS, such information is deemed public information under the Texas Public Information Act, and such information is maintained by the Texas Department of Public Safety on a computerized central database; and WHEREAS, the Texas Department of Public Safety Crime Records Service posts such information on its publicly accessible website; and WHEREAS, this Ordinance is enacted under the general home rule and police powers of the City of Anna, Texas and is not a zoning matter or a land development regulation; now, therefore, BE IT ORDAINED BY THE ClTY COUNCIL OF THE ClTY OF ANNA, TEXAS: Section 1. City Council Findings and Intent. a. The City of Anna, Texas hereby finds and determines that the provisions of this Ordinance advance a legitimate public purpose and promote and protect the public health, safety, morals and welfare of the public. b. The findings set forth in the recitals (whereas clauses) to this Ordinance are hereby adopted as additional legislative findings. Section 2. Definitions Unless the context clearly indicates a different meaning, the following terms have the following meanings: a. "Chief of Police" means the current City of Anna Chief of Police or acting Chief of Police. ORD. NO. 253-2006 Pertaining to Sex Offenders 4 b. "City means the City of Anna, Texas. c. "Registrant" means a person who resides-r intends to reside for more than 7 days- within the corporate limits of the City of Anna, Texas and: 1. has a "reportable conviction or adjudication" occurring on or after September I, 1970; or 2. who is required to register with the Texas Department of Public Safety under Chapter 62 of the Texas Code of Criminal Procedure as a condition of parole, release to mandatory supervision, or community supervision; or 3. has completed registration with the Texas Department of Public Safety under Chapter 62 of the Texas Code of Criminal Procedure. d. "Reportable conviction or adjudication" has the same meaning that it does under Texas Code of Criminal Procedure Art. 62.001. ORD. NO. 253-2006 Pertaining to Sex Offenders 5 Section 3. Local Registration Procedure and Change of Address. a. A Registrant must register-r, as applicable, verify registration as provided by Texas Code of Criminal Procedure Art. 62.051 (9, as amended-with the Chief of Police. The Chief of Police and the Registrant shall satisfy the applicable requirements of Texas Code of Criminal Procedure Art. 62.051 not later than the later of: I. the seventh day after the Registrant's arrival in the City; 2. the first date the Chief of Police allows the Registrant to register or verify registration, as applicable. b. A Registrant must notify the Chief of Police of any change of address in accordance with Chapter 62 of the Code of Criminal Procedure. Section 4. Community Notification. a. Upon being notified of a Registrant residing within the City, the Chief of Police must, within 7 days, provide notice to all residents, businesses and other establishments, public and private, located within the corporate limits of the City. Said notification shall be conducted by posting and maintaining-in the same general area accessible to the public where the City posts required public notices at the City Hall-an updated listing of the names and street addresses of every Registrant ("the Notice"). b. The Notice must be titled "Local Sex OffenderISexual Predator Alert-a Public Service From the City of Anna, Texas" and must also state the following in underlined text: "The City of Anna, Texas provides this alert for informational purposes and while good faith efforts have been made to supply the most current and accurate information available, the City cannot guarantee that the information contained herein is current or accurate. For current information pertaining to registered sex offenders, please contact the City of Anna Police Department or access the Texas Department of Public Safety's website. c. The Notice then must show the current internet address used by the Texas Department of Public Safety to provide information contained in its sex offender computerized database, and the phone number and address of the City Police Department. d. Within 30 days of posting the Notice for the first time and every six months thereafter, the Chief of Police-subject to and dependant upon adequate funding by the City Council to cover postage--shall provide a legible copy of the current Notice by first class U.S. mail to every resident of the City of Anna, as determined by the City's water records. ORD. NO. 253-2006 Pertaining to Sex Offenders 6 Section 5. Termination of Status of "Registrant." If a conviction or adjudication that is the basis of a duty to register under this Ordinance is set aside on appeal by a court or if the Registrant receives a pardon on the basis of subsequent proof of innocence, the duties and provisions imposed on the person by this Ordinance are terminated. Section 6. Liability. Nothing in this Ordinance should be construed as a waiver of immunity from suit or liability for any acts or omissions by the City or any of its officials, officers and employees, and all immunities to suit and liability under Chapter 62 of the Texas Code of Criminal Procedure, the Texas Tort Claims Act, the common law or otherwise are expressly retained. The provisions of this Ordinance pertaining to the Chief of Police and any other City official, officer or employee are directory in nature, shall not be construed to create any legal duty, responsibility, or obligation. Any acts or omissions that could be construed to deviate in any way from the directives given to the Chief of Police and any other City official, officer or employee under this Ordinance do not constitute a violation of this Ordinance. Section 7. Penalties. As to any Registrant found to have violated any provision of this Ordinance, the City may pursue any enforcement action or legal remedy available under controlling state or federal law and any legal remedy available to the City to include, but not be limited to, a fine not exceeding $2,000.00 unless otherwise limited by state law in which case the fine may not exceed the maximum allowable by law. Each day of the continuance of such violation shall be considered a separate offense and shall be punished separately. It is also a violation of this Ordinance to remove, destroy, deface or otherwise impair public access to the Notice posted under Section 4.a. of this Ordinance. Section 8. Repealer. All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. Section 9. Severance If any part of this Ordinance is for any reason found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, all other parts nevertheless shall remain valid, legal, and enforceable. Section 10. Effective Date ORD. NO. 253-2006 Pertaining to Sex Offenders 7 This Ordinance shall be effective upon the posting andlor publication of its caption as required by law and the City Secretary is hereby directed to implement such posting andlor publication. PASSED by the City Council of the City of Anna, Texas, by the following votes on this the 24TH day of January ,2006. AYE 5 NAY 0 ABSTAIN 0 it/ Secretary, Natha Wilkison APPROVED: ORD. NO. 253-2006 Pertaining to Sex Offenders 8