HF 551

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:39am

A bill for an act
relating to public safety; including regional treatment center in definition of
residential facility where predatory offenders are confined; increasing penalties
for certain repeat offenders; requiring training materials regarding predatory
offenders for those who care for children and vulnerable adults; amending
Minnesota Statutes 2008, sections 244.052, subdivision 1; 609.3451, subdivision
3; proposing coding for new law in Minnesota Statutes, chapter 244.

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

Section 1. new text begin TITLE.
new text end

new text begin This act shall be known as the Safe Neighborhoods Act of 2009.
new text end

Sec. 2.

Minnesota Statutes 2008, section 244.052, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section:

(1) "confinement" means confinement in a state correctional facility or a state
treatment facility;

(2) "immediate household" means any and all individuals who live in the same
household as the offender;

(3) "law enforcement agency" means the law enforcement agency having primary
jurisdiction over the location where the offender expects to reside upon release;

(4) "residential facility" means new text begin a regional treatment center operated by the
commissioner of human services or new text end a facility that is licensed as a residential program, as
defined in section 245A.02, subdivision 14, by the commissioner of human services under
chapter 245A, or the commissioner of corrections under section 241.021, whose staff are
trained in the supervision of sex offenders; and

(5) "predatory offender" and "offender" mean a person who is required to register as
a predatory offender under section 243.166. However, the terms do not include persons
required to register based solely on a delinquency adjudication.

Sec. 3.

new text begin [244.0521] TRAINING MATERIALS ON THE DANGERS OF
PREDATORY OFFENDERS.
new text end

new text begin By October 1, 2010, the commissioner of corrections, in consultation with the
commissioner of public safety, shall develop training materials on the dangers of
predatory offenders for programs and officials who care for and educate children and
vulnerable adults. The training materials must include information on the predatory
offender community notice requirements under section 244.052, the predatory offender
registration requirements under section 243.166, and the dangers that predatory offenders
pose to children and vulnerable adults. The training materials shall be developed in a
format that permits self-study or facilitator-assisted training that can be completed in
approximately one hour. Upon development of these training materials, the commissioner
of corrections shall provide notice of completion and electronic access to the training to
the commissioner of human services and the commissioner of health.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009.
new text end

Sec. 4.

Minnesota Statutes 2008, section 609.3451, subdivision 3, is amended to read:

Subd. 3.

Felony.

A person is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more than
$10,000, or both, if the person new text begin :
new text end

new text begin (1) new text end violates subdivision 1, clause (2), after having been previously convicted of or
adjudicated delinquent for violating subdivision 1, clause (2); section 617.23, subdivision
2, clause (1); or a statute from another state in conformity with subdivision 1, clause (2),
or section 617.23, subdivision 2, clause (1) new text begin ; or
new text end

new text begin (2) violates subdivision 1 after having been previously convicted two or more times
of any combination of a predatory offense, a sex offense, as that term is defined in section
609.3455, subdivision 1, clause (h), section 609.746 (interfering with privacy), 609.749
(harassment and stalking), 609.79 (obscene or harassing phone calls), 609.72, subdivision
1, clause (3) (disorderly conduct), 617.23 (indecent exposure), 617.246 (creating child
pornography), or 617.247 (possessing or disseminating child pornography) new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
offenses committed on or after that date.
new text end