State: New Mexico
Subject Matter: Sex Offender Restrictions on Visitation
Introduction/Background for Discussion
What restrictions should be imposed on visitation (including overnight stays) of a convicted sex offender (of a minor) who visits his mother in the independent apartments located on a LTC campus?
Responses to Network Query
I frankly would have them visit off campus. The down side if he violates a resident is too high. At the very least, he should have to pay for supervised visitation with escort in and out of the community.
Â· If operations/administration is aware of the sexual offender, then it is quite easy to believe the other residents and their families know and it is important that the community be able to say to the other residents and families that there are rules and controls in place.
Â· The community needs to have restrictions already laid out in the resident agreement and/or handbook that all guests must sign in; that residents participate in the Iâ€™m OK program or whatever the system is called to let the front desk know they are ok every day; that overnight guests must be registered for security reasons; that overnight guests are restricted to X number of days with consideration for scenarios such as post hospitalization, post surgery, death in family, etc. and then not for more than xx days (14 days, 31 days, 30 days).
Â· The IL is typically an age restricted building, e.g. over 55, over 65 years old so that rule can be invoked if the son were under this age.
Â· If the â€˜guestâ€™ looks at all permanent, then a conversation about extra fees may be necessary as well as a reminder to register with the county sheriffâ€™s department.
Â· We know we have sexual offenders residing in seniorsâ€™ housing (all financial levels) and that itâ€™s a huge can of worms involving checking of residentsâ€™ backgrounds before moving in and other issues.
These recommendations are not intended to be legal advice. Instead, they are a matter of opinion by Pendulum staff and/or associates based on risk management strategies we have identified through national claims and litigation activities. Recommendations are presented to help prevent loss and support defense efforts in the event of liability allegations.
Document Date: February 25, 2020
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