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July 12, Like other communities in Marinette County and probably all across Wisconsin, the Village of Crivitz is finding it difficult to come up with an ordinance that will comply with Wisconsin law and at the same time protect citizens from having known sex offenders, particularly those identified as sexually violent persons SVPs , move into dwellings near those of children or vulnerable adults or places where they regularly gather, such as parks, schools and churches. A new state law passed last year in effect negated all existing local sex offender residency ordinances.
A new sex offender residency law is expected to be adopted as part of the pending state budget, but details at this point are not certain. The sex offender residency issue had been discussed at the committee's June meeting and was tabled until July to allow time to confer with Boren and do additional research. Village Clerk Marilyn Padgett said since then she had done considerable research, and Boren's letter to the committee showed that he had done so as well.
The residences must be not less than 1, feet from any school premise, child care facility, public park, place of worship or youth center, and if the person committed the offense against an at risk or elderly adult, not less than 1, feet from a nursing home or assisted living facility.
Also, if the person is a serious child sex offender, the placement must be put into a residence that is not on a property adjacent to where child's primary residence exists unless the residences are at least 1, feet apart. However, to be considered adjacent, the properties must share a common property line, so the dwelling can be directly across the street from the home of a child, or very near if there is an intervening property, which is the situation of the dwelling in the Town of Pound where an unnamed investor has purchased a home that the DOH has found suitable for their sex offender supervised release program.
None of the restrictions apply if the child or vulnerable person moves into the prohibited area after the SVP is living there. Therefore, he said, the current local ordinance is certainly preempted and invalid as it applies to an SVP. He suggested the village could adopt an ordinance prohibiting all registered sex offenders from loitering or being present with no legitimate purpose at or near places where children are present such as schools, licensed childcare centers, playgrounds, parks and licensed entertainment facilities, and said he will be working on a draft ordinance to this effect for future review and approval.