Corporation Counsel clarifies statute on supervised release of sex offenders

This residence at 1744 12¾ St., Barron, is now housing two sex offenders who have been due for supervised release for the past four years. Wisconsin Statute 980 requires they be placed in their county of origin.

Neither Barron County, nor its sheriff's department, has the authority to change Wisconsin Statute 980 in regard to the supervised release of two sex offenders, Corporation Council John Muench explained to supervisors at the Barron County Board meeting on Monday, Jan. 13.

Muench said his job was to provide the board with the facts. As to what the County Board can do about the recent release of the two men who have fulfilled their sentences and are overdue for supervised release to their county of origin, the answer is nothing.

The board could draft a resolution supporting a change in the legislation, but he asked change it to what? He said in the past counties did not want to be a dumping ground for people from everywhere, so the law was changed.

"Now counties get their homegrown folks back," Muench said, but not those from anywhere else.

He told the supervisors that individuals charged, convicted, sentenced and having served their sentence can petition for straight or supervised release. They have a right to an attorney, and it is decided upon by the court.

He said the reason the supreme court has not found the law unconstitutional is because these have a right to petition for a lesser level of restrictiveness.

"You can't just lock them up and throw away the key," Muench said. "Supervised release is what we're dealing with here; they can't leave the facility without a chaperone."

Muench also responded to the question of why the county doesn't just refuse release and pay the fine. He said the county is ordered by the court to allow them to dwell here. He asked, "Do any of you want to go to jail for contempt of court? I don't."

The corporation counsel said the individual assigned to supervise the two sex offenders does both random and scheduled checks. He said under supervised release the two men have 75 specific rules to follow, and there is zero tolerance of violations. If they break any of them, they are returned to the more restrictive setting.

Muench emphasized that the sheriff does not make these decisions nor does he monitor them.

Further, he said there is no ethical violation for an employee of the Sheriff's Department to lease a residence. He agreed that the amount of rent is high, but said it is high all over the place. He said the rental price is negotiated by the state Department of Health Services and vendors who find residences for sex offenders.

"It's not easy to find any location that meets the criteria," the corporation counsel said. "The county has a very small piece of this. We don't have any control."

When asked if there was any stipulation for releasing past sex offenders near two family residences with homeschooled children, Muench replied that a home-based education program does not qualify as a school. He further explained that the residence of the nearest family with homeschoolers is not on the parcel within 1,500 feet of the sex offenders' residence.

Following Muench's comments, County Chairman Louie Okey said both the corporation counsel and sheriff have handled the situation very professionally.

However, strong displeasure was evident by two Barron residents who spoke during public comment.

Walter Herrman of Barron, who lives near the place leased to the released offenders, said he would rather be in contempt of the law than to have his wife raped or killed. He also questioned why neighbors were given a 10-day notice when the two sex offenders have been due for release for four years.

He asked to see the lease, saying that everyone should have a right to see it. He also contended that the sex offenders are being treated with privileges, like royalty, while his wife is feeling "totally paranoid" about their new neighbors.

"What about the neighbors who need therapy?" Herrman asked.

Dennis Roshell of Barron called it "shameful" that six months ago the County Board discussed what to do regarding the release of the two sex offenders in closed session. He demanded to see the minutes and said he plans on running for the District 10 seat on the county board.

In other business, the County Board:

• Applauded law enforcement in observance of National Law Enforcement Day on Jan. 9.

• Approved by 25-4 vote, with four absent, a software purchase for the Department of Health and Human Services not to exceed $1,000,896 using American Rescue Plan Act dollars.

• Accepted, also by a 25-4 vote, the low bid and related costs of $58,355 for repairs, with a 15% contingency, at the Rice Lake Dam. The funds will come from the general dam fund.

• Authorized, by simple majority with three voting no, endorsement of Brightspeed's proposal to the Public Service Commission to expand broadband to the Cumberland, Turtle Lake and Chetek areas currently underserved.

• Approved the appointments of Carol Knoll to the Commission on Aging, and reappointments of Patti Anderson, Nancy Keeler, Toniann Knutson and Dr. Richard Sampson to the Health and Human Services Board.

Originally published on apg-wi.com, part of the BLOX Digital Content Exchange.

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