HF 2744

as introduced - 87th Legislature (2011 - 2012) Posted on 03/14/2012 04:46pm

A bill for an act
relating to public safety; clarifying the community notification law by adding
cross-references; amending Minnesota Statutes 2010, section 244.052,
subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 244.052, subdivision 4, is amended to read:

Subd. 4.

Law enforcement agency; disclosure of information to public.

(a)
The law enforcement agency in the area where the predatory offender resides, expects
to reside, is employed, or is regularly found, shall disclose to the public any information
regarding the offender contained in the report forwarded to the agency under subdivision
3, paragraph (f), that is relevant and necessary to protect the public and to counteract the
offender's dangerousness, consistent with the guidelines in paragraph (b). The extent of
the information disclosed and the community to whom disclosure is made must relate to
the level of danger posed by the offender, to the offender's pattern of offending behavior,
and to the need of community members for information to enhance their individual and
collective safety.

(b) The law enforcement agency shall employ the following guidelines in
determining the scope of disclosure made under this subdivision:

(1) if the offender is assigned to risk level I, the agency may maintain information
regarding the offender within the agency and may disclose it to other law enforcement
agencies. Additionally, the agency may disclose the information to any victims of or
witnesses to the offense committed by the offender. The agency shall disclose the
information to victims of the offense committed by the offender who have requested
disclosure and to adult members of the offender's immediate household;

(2) if the offender is assigned to risk level II, the agency also may disclose the
information to agencies and groups that the offender is likely to encounter for the purpose
of securing those institutions and protecting individuals in their care while they are on or
near the premises of the institution. These agencies and groups include the staff members
of public and private educational institutions, day care establishments, and establishments
and organizations that primarily serve individuals likely to be victimized by the offender.
The agency also may disclose the information to individuals the agency believes are likely
to be victimized by the offender. The agency's belief shall be based on the offender's
pattern of offending or victim preference as documented in the information provided by
the department of corrections or human services;

(3) if the offender is assigned to risk level III, the agency shall disclose the
information to the persons and entities described in clauses (1) and (2) and to other
members of the community whom the offender is likely to encounter, unless the law
enforcement agency determines that public safety would be compromised by the disclosure
or that a more limited disclosure is necessary to protect the identity of the victim.

deleted text begin Notwithstanding the assignment of a predatory offender to risk level II or III deleted text end new text begin Except
as provided in section 253B.185, subdivision 10a, paragraph (a) new text end , a law enforcement
agency may not make the disclosures permitted or required by clause (2) or (3) deleted text begin , if: the
offender deleted text end new text begin when a predatory offender assigned to risk level II or III new text end is placed or resides in a
residential facility. However, if an offender is placed or resides in a residential facility, the
offender and the head of the facility shall designate the offender's likely residence upon
release from the facility and the head of the facility shall notify the commissioner of
corrections or the commissioner of human services of the offender's likely residence at
least 14 days before the offender's scheduled release date. The commissioner shall give
this information to the law enforcement agency having jurisdiction over the offender's
likely residence. The head of the residential facility also shall notify the commissioner
of corrections or human services within 48 hours after finalizing the offender's approved
relocation plan to a permanent residence. Within five days after receiving this notification,
the appropriate commissioner shall give to the appropriate law enforcement agency all
relevant information the commissioner has concerning the offender, including information
on the risk factors in the offender's history and the risk level to which the offender was
assigned. After receiving this information, the law enforcement agency shall make the
disclosures permitted or required by clause (2) or (3), as appropriate.

(c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:

(1) the organizations or community members are in a location or in close proximity
to a location where the offender lives or is employed, or which the offender visits or
is likely to visit on a regular basis, other than the location of the offender's outpatient
treatment program; and

(2) the types of interaction which ordinarily occur at that location and other
circumstances indicate that contact with the offender is reasonably certain.

(d) A law enforcement agency or official who discloses information under this
subdivision shall make a good faith effort to make the notification within 14 days of receipt
of a confirmed address from the Department of Corrections indicating that the offender
will be, or has been, released from confinement, or accepted for supervision, or has moved
to a new address and will reside at the address indicated. If a change occurs in the release
plan, this notification provision does not require an extension of the release date.

(e) A law enforcement agency or official who discloses information under this
subdivision shall not disclose the identity or any identifying characteristics of the victims
of or witnesses to the offender's offenses.

(f) A law enforcement agency shall continue to disclose information on an offender
as required by this subdivision for as long as the offender is required to register under
section 243.166. This requirement on a law enforcement agency to continue to disclose
information also applies to an offender who lacks a primary address and is registering
under section 243.166, subdivision 3a.

(g) A law enforcement agency that is disclosing information on an offender assigned
to risk level III to the public under this subdivision shall inform the commissioner of
corrections what information is being disclosed and forward this information to the
commissioner within two days of the agency's determination. The commissioner shall
post this information on the Internet as required in subdivision 4b.

(h) A city council may adopt a policy that addresses when information disclosed
under this subdivision must be presented in languages in addition to English. The policy
may address when information must be presented orally, in writing, or both in additional
languages by the law enforcement agency disclosing the information. The policy may
provide for different approaches based on the prevalence of non-English languages in
different neighborhoods.

(i) An offender who is the subject of a community notification meeting held pursuant
to this section may not attend the meeting.

(j) When a school, day care facility, or other entity or program that primarily
educates or serves children receives notice under paragraph (b), clause (3), that a level III
predatory offender resides or works in the surrounding community, notice to parents must
be made as provided in this paragraph. If the predatory offender identified in the notice is
participating in programs offered by the facility that require or allow the person to interact
with children other than the person's children, the principal or head of the entity must
notify parents with children at the facility of the contents of the notice received pursuant
to this section. The immunity provisions of subdivision 7 apply to persons disclosing
information under this paragraph.

new text begin (k) The scope of notification and disclosure of information on individuals committed
under section 253B.185, or Minnesota Statutes 1992, section 526.10, is also addressed in
section 253B.185, subdivision 10a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end