13-922
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13-922. Persons convicted of sexual offenses; residency restrictions; exceptions; definitions (Rpld. 1/1/11) A. An adult probation officer shall not approve the residence of a probationer who has been convicted of a felony offense that requires the probationer to register pursuant to section 13-3821 in any multifamily dwelling unless the number of probationers who are required to register and who reside in the multifamily dwelling is less than ten per cent of the number of dwelling units that are contained in the multifamily dwelling. Not more than one probationer who is classified as a level three offender pursuant to sections 13-3825 and 13-3826 shall reside in a multifamily dwelling. B. Subsection A of this section does not apply to any of the following: 1. A person who was convicted of a sexual offense and who was placed on probation before the effective date of this section until that person changes residence. 2. A person who resides in a residential treatment facility or a person who participates in a supervised program that provides transitional services, including diagnostic evaluation, behavioral, medical, psychiatric, psychological and social service care. 3. A juvenile who resides with a parent or guardian. 4. A multifamily dwelling in an industrial or commercial zone. C. This section does not limit the court's discretion to prohibit or restrict, as a condition of probation, a person who is convicted of a sexual offense from residing in any multifamily dwelling. D. A public entity or an employee of a public entity is not liable for any failure to prevent a violation of this section unless the public employee, acting within the scope of the public employee's employment, intended to disregard the provisions of this section or to cause injury or was grossly negligent. E. This section applies only in counties with a population of more than two million five hundred thousand persons. F. For the purposes of this section: 1. "Multifamily dwelling" means a building or buildings that are located in an area zoned residential, that are attached to each other, that contain two or more dwelling units, including triplexes, fourplexes and apartments, and that have as their primary access a common hallway or corridor. 2. "Multifamily dwelling unit" means one or more rooms within a building that are arranged, designed or used for residential purposes and that contain independent sanitary and cooking facilities. 3. "Residential treatment facility" means a residential facility that provides any service or care, including diagnostic evaluation, behavioral, medical, psychiatric, psychological and social service care, vocational rehabilitation or career counseling, to residents and that is licensed by this state or a political subdivision of this state. |