Sexual Offenders Appeals Board

CITY OF SHAWANO SEXUAL OFFENDERS APPEALS BOARD AGENDA TUESDAY, JANUARY 16, 2024 5:00 PM SHAWANO CITY HALL, 127 S. SAWYER STREET, SHAWANO, WI 1) CALL MEETING TO ORDER 2) PLEDGE OF ALLEGIANCE 3) ROLL CALL 4) COMPLIANCE WITH OPEN MEETING LAW 5) APPROVAL OF PROPOSED AGENDA 6) APPROVAL OF THE JUNE 8, 2023 SEXUAL OFFENDERS APPEALS BOARD MINUTES 7) PUBLIC COMMENT 8) APPEAL: a) Frank M. Peak to move to 211 S. Waukechon Street in Shawano, WI 9) CLOSED SESSION With regard to agenda item 8a:The Committee may convene in Closed Session pursuant to Wisconsin Statutes Section 19.85(1)(f) to consider financial, medical, social or personal histories of specific persons which if discussed in public would likely have a substantial adverse effect upon the reputation of the person referred to in such histories or data. Pursuant to Wisconsin Statutes Section 146.82(1) the Committee may convene in Closed Session to discuss health and treatment related information.Also, consistent with the policies set forth in Wisconsin Statute Sections 938.299 and 938.78 mandating confidentiality, appeals involving juvenile offenders or offenses will be held in Closed Session, unless otherwise noted. 10) RETURN TO OPEN SESSION PER WISCONSIN STATUTES SECTION 19.85(2) 11) ACT ON ANY MATTERS DISCUSSED IN CLOSED SESSION, IF APPROPRIATE 12) REVIEW AND POSSIBLE ACTION ON THE SEX OFFENDER SAFETY ZONE MAP AND CODE Page 1 of 11 13) ANY OTHER SEXUAL OFFENDERS APPEALS BOARD ANNOUNCEMENTS, CORRESPONDENCE OR NEWS 14) COMMITTEE MEMBER COMMENTS OR NEW BUSINESS TO BE CONSIDERED AT A FUTURE MEETING 15) SET NEXT MEETING DATE 16) ADJOURN DISABLED ACCESSIBLE (Contact City Clerk prior to meeting if require additional services.) It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above-stated meeting to gather information; no action will be taken by any governmental body at the above-stated meeting other than the governmental body specifically referred to above in this notice. Page 2 of 11  SEXUAL OFFENDERS APPEALS BOARD MINUTES June 8, 2023 5:00 PM Shawano City Hall, 127 S. Sawyer Street, Shawano, WI CALL MEETING TO ORDER • Chairperson Marsha Hoeffs called the Sexual Offenders Appeals Board meeting to order on Thursday, June 8, 2023 at 5:00 PM at Shawano City Hall. PLEDGE OF ALLEGIANCE ROLL CALL • Roll Call showed members present: Marsha Hoeffs, Michael Wizner, Detective Lieutenant Heidi Cartwright, and Larry Roth. • Also present: Amy Kosmoski and A.C.S. by Zoom. COMPLIANCE WITH OPEN MEETING LAW • Wizner reported the agenda was sent to Shawano Leader, WTCH, Market Messenger, Public Library, Premier Bank and posted at City Hall and on the City's website. APPROVAL OF PROPOSED AGENDA • Motion by Cartwright to approve the proposed agenda, seconded by Roth. Motion carried by Voice Vote. APPROVAL OF THE MAY 11, 2023 SEXUAL OFFENDERS APPEALS BOARD MINUTES • Motion by Wizner to approve the May 11, 2023 Sexual Offenders Appeals Board minutes, seconded by Cartwright. Motion carried by Voice Vote. PUBLIC COMMENT • None. APPEAL: a) A.C.S. (juvenile) to move to the City of Shawano, WI CLOSED SESSION With regard to agenda item 8a:The Committee may convene in Closed Session pursuant to Wisconsin Statutes Section 19.85(1)(f) to consider financial, medical, social or personal histories of specific persons which if discussed in public would likely have a substantial adverse effect upon the reputation of the person referred to in such histories or data. Pursuant to Wisconsin Statutes Section 146.82(1) the Committee may convene in Closed Session to discuss health and treatment related information.Also, consistent with the policies set forth in Wisconsin Statute Sections 938.299 and 938.78 mandating confidentiality, appeals involving juvenile offenders or offenses will be held in Closed Session, unless otherwise noted. • Motion by Roth to go into Closed Session per the Wisconsin Statutes listed above and invite into the Closed Session Amy Kosmoski and appellant as called in (by Zoom) , seconded by Cartwright. Roll Call Vote "Ayes" Roth Cartwright, Hoeffs and Wizner. "Nays" none. Motion carried. RETURN TO OPEN SESSION PER WISCONSIN STATUTES SECTION 19.85(2) • Motion by Roth to return to Open Session, seconded by Cartwright. Motion carried by Voice Vote. Page 1 of 2 Page 3 of 11 ACT ON ANY MATTERS DISCUSSED IN CLOSED SESSION, IF APPROPRIATE • Motion by Roth to approve the appeal of A.C.S. to move to Shawano, WI and with the understanding that should he be re-incarcerated for more than 14 days or if he desires to move elsewhere within the City limits he will need to appear before the Board again, seconded by Wizner. Motion carried by Voice Vote. ANY OTHER SEXUAL OFFENDERS APPEALS BOARD ANNOUNCEMENTS, CORRESPONDENCE OR NEWS • None. COMMITTEE MEMBER COMMENTS OR NEW BUSINESS TO BE CONSIDERED AT A FUTURE MEETING • None. SET NEXT MEETING DATE • No date set at this time. ADJOURN • Motion by Wizner to adjourn, seconded by Cartwright. Motion carried by Voice Vote. Meeting adjourned at 6:01 PM. Respectfully submitted, Michael Wizner, Secretary Page 2 of 2 Page 4 of 11  .5,/,va,_,m9 wm _._o:_ _. u$_' I N I Iru E I wmwq Page 5 of 11  3-03 Sexual offender residency restrictions. (15) [Added 943-2010 by Ord. No. 1768] (a) Findings and intent. 1. Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. 2. It is the intent of this subsection not to impose a criminal penalty, but rather to serve the City's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence. (b) Definitions. The following words, terms and phrases, when used in this subsection, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning: CHILD A person under the age of 16 for the purposes of this subsection. DESIGNATED OFFENDER/SEX OFFENDER Any person who is required to register under § 301.45, Wis. Stats., for any sexual offense or any person who is required to register under § 301.45, Wis. Stats., and who has been designated a special bulletin notification (SBN) sex offender pursuant to § 301 .46(2) and (2m), Wis. Stats. [Amended 3-9-2016 by Ord. No. 1888] MINOR A person under the age of 18. Page 6 of 11 A forny SAFETY ZONE that consecutive where supports by days. property recreational eal place park,or designated that the the City a supports trail, a as person school upon lodges children, abides, foror playground, place where of children place which orare worship, licensed there day~care known resides exists for or to any 14 congregate. center, facility other or library, place more used  TEMPORARY RESIDENCE A place where the person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence. (c) Sexual offender and sexual predator residence prohibition; penalties; exceptions. 1. Prohibited location of residence. it is unlawful for any designated offender to establish permanent residence or temporary residence within 1,500 feet of any school, licensed day-care center, park, trail, playground, place of worship, or any other place designated by the City as a place where children are known to congregate. Prohibited activity. it is unlawful for any designated offender to participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas or wearing an Easter Bunny costume on or preceding Easter. Holiday events in which the offender is the parent or guardian of the children involved, and no nonfamilial children are present, are exempt from this subsection. Measurement of distance. a. For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of a school, licensed day-care center, park, trail, playground, place of worship, or any other place designated by the City where children are known to congregate. b. The Department of Public Works shall maintain an official map showing prohibited locations as defined by this subsection. The Department of Public Works shall update the map at least annually to reflect any changes in the location of prohibited zones. These shall be designated on the map as child safety zones. Penalties. A person who violates this subsection shall be punished by a Page 7 of 11 described seek inA equitable subsectionof if Exceptions. of designated anyrelief. apply:a offender constitutes the following Subsection (15)(c)1 eparate residing does violation. not within commit a a The City may prohibited violation area of this as  a. The person established the permanent residence or temporary residence and reported and registered the residence pursuant to § 301.45, Wis. Stats. before the effective date of this subsection. b. The person is a minor and is not requiredto register under § 301.45 or .§ 301.46, Wis. Stats. c. The school,.|icensed day-care center, library, park, trail, playground, place of worship, or any other place designated by the City as a place where children are known to congregate within 1,500 feet of the person's permanent or temporary residence was opened after the person established the permanent or temporary residence and reported and registered the residence pursuant to § 301.45, Wis. Stats. d. The person was placed by a circuit court judge or other member of the judicial system in the county jail, work release center or other similar facility. [Added 3-9-2011 by Ord. No. 1776] e. The person has been placed in a temporary living center/residence or temporary living placement facility by the Department of Corrections under electronic monitoring, there is an owner or designated agent residing at the temporary living center/residence or temporary living placement facility and the offender meets with and must be approved by the City of Shawano Sexual Predator Ordinance Committee for placement. [Added 3-9-2011 by Ord. No. 1776; amended 9-9-2015 by Ord. No. 1881] f- (Reserved)“"1 [14] Editor's Note: Former Subsection (15)(c)5f, regarding placement by the Department of Corrections, added 4-11-2012 by Ord. No. 1808, as amended, was repealed 8-12-2015 by Ord. No. 1872. (d) Safety zones. 1. A sex offender shall not enter upon or be present upon or within a safety zone. Page 8 of 11 a. any or upon iof The other theThe only house within ax during of following property offender's religious apply: hours also safety entrance supports zone worship ofdoes or subject church, a notand worship, o other commit presencereligious a all of violation synagogue,upon property program/service the of following mosque, thethis subsection as occurs orif conditions: temple  posted to the public; and ii The sex offender shall not participate in any religious education programs that include individuals under the age of 18. b. The property also supports a use lawfully attended by a sex offender's natural or adopted chi|d(ren), which child's use reasonably requires the attendance of the sex offender as the child's parent upon the property, subject to the following condition: i The sex offender's entrance and presence upon the property occurs only during hours of activity related to the use as posted to the public. c. The property also supports a polling location in a local, state, or federal election, subject to all of the following conditions: i The sex offender is eligible to vote; ii The property is the designated polling place for the sex offender; and iii The sex offender enters the polling place property, proceeds to cast a ballot with whatever usual and customary assistance is to any member of the electorate, and vacates the property immediately after voting. d. The property also supports a school lawfully attended by a sex offender as a student which circumstances the sex offender may enter upon the property supporting the school at which the sex offender is enrolled, for such purposes and at such times are reasonably required for the educational purposes of the school. e. The property also supports a court, government office or room for public government meetings, subject to all of the following conditions: i The sex offender is on the property to transact business at the government office or place of business, other than a public library, or attend an official meeting of a governmental body; and 4 Page 9 of 11 and (e) 1. sexual It permanent conveyance, Property is owners completion unlawful predators; let towith or prohibited residence rent of the the penalties. any from renting knowledge by a business place,that person meeting. property will or prohibited structure, real it or part be to from usedthereof, certain as a or temporary offenders establishing sexual trailer or other such  permanent or temporary residence pursuant to this subsection, if such place, structure, part thereof, trailer or conveyance is located within a prohibited location zone described in Subsection (15)(c)1. 2. A property owner's failure to comply with the provisions of this subsection shall constitute a violation of this subsection, and shall subject the property owner to the penalties contained in Subsection (15)(c)4 of this subsection. (fl Property owners and sales agents prohibited from selling real property to certain sexual offenders and sexual predators; penalties. 1. It is unlawful for any owner, real estate broker, or real estate sales person to participate in the sale of any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a temporary or permanent residence by a person prohibited from establishing such permanent or temporary residence pursuant to this subsection, if such place, structure, part thereof, trailer or conveyance is located within a prohibited location zone as described in Subsection (15)(c)1. 2. Failure to comply with the provisions of this subsection shall constitute a violation of this subsection, and shall subject the person violating this subsection to the code enforcement provisions procedures as provided in this subsection. (9) Appeal. The above requirements may be waived with the approval of the Council upon appeal by the affected party. Such appeal shall be made to the Sexual Offenders Appeals Board which shall receive reports from the Police Department on such appeal. Said Board shall have authority to make the decision on the applicant's appeal, with said decision -to be final. The Chair of said Board shall report to the Council on the action taken by the Board, but said report shall be for - informational purposes only. [Amended 1-13-2016 by Ord. No. 1887] (h) Revocation of waiver. in the event that a sex offender is successful in his or her appeal under Subsection (15)(d)2g oflthis subsection and subsequently commits another offense of a sexual and/or violent nature, the Sexual Offenders Appeals Board retains the authority to revoke its decision to waive the requirements of this subsection. The Board's decision on this matter will be final, and said decision will Page 10 of 11 may anyexpressly provisions be [Amended (i) is 3-9-2011 Severability. person of this orThe eclared Ord. provisions subsection declared by that invalid. circumstance irrespective of provisions Common No.this If any is the of invalid, 1777; held of the remainder this whether subsection 1-13-2016 Council by Ord. would shall be or one not of deemed subsection No. haveoror the more 1887] passed and provisions severable, the subsection application the or toit the other  appiication of such other provisions to other persons or circumstances shall not be affected. Page 11 of 11