13-922

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.