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AN ORDINANCE amending section 12-6010 of the commerce city revised municipal code regulating the residency of sex offenders within the city
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Summary and Background Information: In August 2013, the United States District Court for the District of Colorado issued a decision in the case of Ryals v. City of Englewood which found that Englewood's ordinance restricting the residency of sex offenders was unconstitutional. Given the holding in that case, Council directed staff to research the current best practices in sex offender management and update the City's ordinance to incorporate those practices. Below is a summary of the changes:
1. The residency restrictions pertaining to sexually violent predators remain unchanged.
2. The residency restrictions related to other sexual offenders (NOTsexually violent predators) has been revised so that trails, public pools and recreation centers would be EXCLUDED from the list of uses requiring 1000 foot separation.
3. The residency restrictions related to other sexual offenders (NOT sexually violent predators) has been revised so that only licensed "child care centers" (facilities which care for 7 or more children under the age of 16) would be included in the list of uses requiring a 1000 foot separation.
4. Sexual offenders who are NOT sexually violent predators would be able to apply to the city for an exception from the restrictions. As the draft ordinance is written, if an application is filed, it would be heard by an administrative hearing officer. The hearing officer would be authorized to consider the following in rendering a decision on the application: the relationship of offender and victim; the existence and type of force used, if any; the existence and form of enticement used, if any; the date of the incident; the length of incarceration; the offender's history since incident; the offender's employment status; the credibility of offender.; the remorse of offender; the proximity of ...
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