City and state officials have been hunting for a way to close the gap that allows sex offender rehabilitation centers in residential areas, and they are getting closer to finding a solution.
Members of the Shawnee Planning Commission agreed Thursday afternoon to recommend approval of an ordinance that will increase the distance that sex offender rehab centers must be from homes, schools, churches and parks. Their recommendation will go to the city commission, which will vote on the ordinance Monday.
The proposed ordinance would require rehab centers for sex offenders to go before the city to obtain a conditional use permit. The facility would have to be more than 1,000 feet from any residential area, church, playground, park and licensed day care or school, both public and private.
The city’s current ordinance requires rehab centers be 300 feet from schools, parks, playgrounds and licensed day cares, but it doesn’t address churches or residential areas. The fact that residential areas aren’t included caused some residents to voice their concerns when a rehab center was proposed for 1400 E. Highland. The operator of the facility has since decided to relocate.
“Frankly, we are here to plug a hole,” City Manager Jim Collard said. “The primary reason for zoning is to protect residents.”
State legislators also are considering an amendment to the state statute concerning sex offender rehabs. Shawnee planning commissioner Louis Maltos asked if the city’s proposed ordinance would override the state’s requirement of 300 feet from schools, parks and licensed day cares. Nancy McNayr, representing the Shawnee planning department, said the state’s requirement would take precedence over the city’s ordinance.
McNayr said the city could pass the ordinance now, and the 1,000-foot requirement would go into effect once the Legislature amends the state statute.
Maltos said the proposed ordinance is better than what’s in place, and it will provide additional requirements to keep sex offender rehab centers out of residential areas and farther from churches.
McNayr said the ordinance would require all proposed rehab centers to apply for a conditional use permit, which would mandate notification to neighboring properties.
State Rep. Kris Steele said Oklahoma is on track to improve the state statute, which would increase the distance and close a loophole. The amendments are proposed in House Bills 2470 and 1897.
In HB 2470, the amendment is to increase the distance to 1,000 feet that sex offender rehab centers must be from schools, parks and licensed day cares, Steele said. Shawnee’s ordinance would cover churches and residential areas.
“The idea is to align the requirements for sex offenders with those for alcohol/drug abuse treatment centers,” he said. “If you have 1,000 feet for those facilities, we also need to have it for treatment centers for sex offenders.”
Steele said the bill moved out of the conference committee stage Thursday afternoon and will be on the House floor the early part of next week.
In HB 1897, the amendment would clarify that rehab centers for sex offenders don’t fall under the category of medical services, he said. HB 1897 is in the conference committee stage.
Currently, the state statute reads that the 300-foot requirement “shall not apply to any person receiving treatment at a hospital or other facility certified or licensed by the state of Oklahoma to provide medical services.” Steele said that exemption allows rehab centers for sex offenders to be located next door to a school.
Amanda Gire may be reached at amanda.gire@news-star.com or at 214-3934.
