Sex offender residency restrictions

A young girl was molested by her next door neighbor. The juvenile offender received treatment as part of a plea bargain and was released to his family. The victim’s family asked for a residency restriction order, but were told by the judge hearing the case that nothing could be done to prevent the offender from living next door upon his completion of the treatment.

Apparently the judge was wrong. Rep. Keith Downey (R-Edina) sponsors HF229 that would authorize a court to bar a juvenile found guilty of a sex crime from residing within 1,000 feet, or three city blocks, of the victim.

The bill was approved April 12 by the House Judiciary Policy and Finance Committee and sent to the House Public Safety and Crime Prevention Policy and Finance Committee. Its companion, SF76, sponsored by Sen. Geoff Michel (R-Edina), awaits action by the Senate Judiciary and Public Safety Committee.

Downey said the bill would insert permissive language to ensure the court system fully understands that a judge has the option to issue such restraining orders in cases similar to the one he described.

“As part of the plea bargaining, the family really was most interested in gaining their daughter some separation from the offender,” Downey said. “But they were almost flat-out told it wasn’t possible in the court of jurisdiction they were in.”

The bill says that the offender would have to be over age 15 and that the residency restriction could be ordered for all or part of the time that the offender is under court jurisdiction.

Rep. Tina Liebling (DFL-Rochester) questioned the need for the legislation because it simply offers a “sign post” to judges for something they can already do. “I wonder if every time a prosecutor or judge misunderstands what’s available to them if we are going to put it in the statute book.”

Rep. John Lesch (DFL-St. Paul), who supported the measure, said that in certain instances statutory sign posts can be worthwhile.