![](https://cdnsm5-hosted.civiclive.com/UserFiles/Servers/Server_6079530/Image/Services/Information/News Archive/scales.jpg)
On September 18, the Pleasant Prairie Village Board approved an
ordinance to repeal section 287-3 B concerning the original domicile
restriction for sex offenders and created subsection 287-3 D (5), and
287-6m of the municipal code related to sex offender residency
exceptions. On September 6 of 2016, the Village adopted a revised sex
offender residency ordinance which repealed and recreated Chapter 287 of
the Municipal Code. They did this as a result of being challenged and
sued by a group of nine people about the ordinance’s constitutionality.
In
April of 2017, the Eastern District of Wisconsin, U.S. District Court
granted in part the Plaintiff’s Motion for Summary Judgment. In
rendering its decision, the Eastern District of Wisconsin commented
about the lack of individualized consideration of particular sex
offenders in the Village Ordinance. The court ruled that a statute must
allow for an individualized assessment to determine an offenders risk to
the community. This could allow for an offender to obtain an exemption.
The Eastern District of Wisconsin Court also ruled that there was not
enough basis to suggest that whether the offender was domiciled at the
time of their last offense in the Village has any bearing on their
safety risk to the community. Therefore, with this new ordinance the
Village Board and staff eliminated its original domicile restrictions,
and have created an opportunity for sex offenders to seek an exemption
if they believe they do not pose a risk to the Village’s interest in
promoting protection, and improving the health safety, and welfare of
the community.
A Sex Offender Residence Board, made up of three
citizens residing in the Village, selected by the Village President, and
approved by the Village Board of Trustees is being established. An
offender may make a petition for exemption from residence prohibitions
within this ordinance. The Residence Board will then hold a hearing on
each petition and will consider the request based on numerous factors
including; nature of the offense, age at time of offense, professional
recommendations, relationship to victim, and duration of time since
incarceration to name a few. The Resident Board will decide by a
majority vote and the decision will be final for purpose of appeals.
Interim
Village Administrator Tom Shircel explained that, “The Residence Board
will be made up of knowledgeable professionals who live in the Village.
We feel confident that this group will base their decisions on factors
relating to the Village’s interest in promoting, protecting and
improving the health, safety and welfare
of all who live and work in the community.”