SUBJECT:
Title
An Ordinance of The Board of Trustees of The Town of Erie Enacting a New Section 6-10-16 of the Erie Municipal Code, Entitled Unlawful Sexually Violent Predator Residency
Body
DEPARTMENT: Police
PRESENTER: Town Prosecutor, Kristin N. Brown & Erie Chief of Police Kim Stewart
TIME ESTIMATE: 15 min
only required for non-consent items
STAFF RECOMMENDATION:
Recommendation
Approve proposed ordinance.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
C.R.S. 16-22-103 requires that specific sex offenders are required to register with the local law enforcement agency in the jurisdiction where the person has intent to reside. A local law enforcement agency is not required to accept the person's registration if it includes a residence or location which would violate local ordinance. C.R.S. 16-22-108(1)(a)(I).
"Sexually violent predator" (SVP) is defined at C.R.S. 18-3-414.5. The probation department responsible for supervising the offender is to complete the sexually violent predator risk assessment (unless the defendant has previously been designated a sexually violent predator). Based on the results of the assessment, the Court will make specific findings and enter an order whether the defendant is a sexually violent predator. C.R.S. 18-3-414.5(2). When a SVP is sentenced to probation, community corrections or is released following incarceration, the SVP's supervising officer, shall notify the local law enforcement agency for the jurisdiction where the SVP intends to live.
The proposed ordinance limits where an SVP may reside within the town boundaries (1000 feet from specific locations such as public/private schools, designated parks, etc.) The ordinance only applies to SVP's, and not all sex offenders (who are required to register with the law enforcement agency of the community in which they intend to reside).
Fiscal Impact: N/A
Board Priority(s) Addressed:(Add an "x" in front of the appropriate priority)
* Safe and Healthy Community
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