Sex Offender Restricted Areas
A common misconception is that Wisconsin law broadly prohibits registered sex offenders from living near schools, parks, or other places where children gather. In reality, most registered sex offenders may legally reside in any location unless there is a specific state law, municipal ordinance, court order, or Department of Corrections (DOC) supervision condition restricting that residence.
Wisconsin municipalities have the authority to adopt local residency restrictions for designated sex offenders. More than 150 municipalities throughout Wisconsin have enacted sex offender residency ordinances. These ordinances generally prohibit certain offenders from residing within a specified distance of schools, licensed daycare centers, parks, playgrounds, recreational trails, and other locations where children regularly congregate.
While municipalities possess this authority, courts have also recognized that local ordinances must be reasonable in scope and cannot effectively prohibit offenders from residing anywhere within a community. The City of Waupaca’s ordinance prohibits designated registered sex offenders from establishing a permanent or temporary residence within 1,000 feet of schools, licensed daycare centers, parks, recreational trails, playgrounds, specialty schools, and places of worship. Those who already lived in a location now covered by the ordinance may be covered by grandfather provisions in the ordinance.
Special Bulletin Notices
A special bulletin notice (SBN) is sent to law enforcement when a sex offender is being released or moving into a community. The SBN is sent from the Department of Corrections Sex Offender Registration Program. The special bulletin contains information on the person being released or moving; the crimes they were convicted of; a recent photo of the individual; and the rules and regulations that they must follow.
Community Notification
Sex Offenders have always lived in our communities but it was not until the passage of Act 440 (which mandates sex offender registration) that law enforcement even knew where they were living. In many cases, law enforcement is now able to share that information with you. Upon receipt of a SBN, law enforcement determines what level of notification will be given. A core team of sex offender specialists from the Wisconsin Department of Corrections and probation and parole agents help in making the decision as to what level the notification will be.
There are three levels of community notification:
- Level 1 is limited to law enforcement.
- Level 2 is specific to individuals, facilities and groups based on the particulars of the case. This notification may go to schools, certain neighborhoods, community groups, day care centers for children and parks or recreation areas.
- Level 3 is a community-wide notification effort and can be done through the media, door-to-door notification, a community meeting or a combination of any of the three aforementioned.
Citizen abuse of this information to threaten, intimidate or harass registered sex offenders will not be tolerated. Further, such abuse could potentially end law enforcements ability to do community notifications. We believe the only person who wins if community notification ends is the sex offender, since the sex offenders derive their power through secrecy.
Notification is not necessary for all sex offenders released or moving into a community; and each sex offender case is reviewed before a notification is considered.
Any question please contact the Waupaca Police Department. 715.258.4400