HF 1261

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; removing obsolete language 
  1.3             referencing the secure treatment unit operated by 
  1.4             Regions Hospital; requiring predatory offenders who 
  1.5             request risk level reassessments to demonstrate full 
  1.6             compliance with supervised release and other 
  1.7             conditions; designating the department of corrections 
  1.8             as the agency to administer the statewide supervision 
  1.9             data system; clarifying language allowing the 
  1.10            department of corrections to charge counties for the 
  1.11            use of a correctional camp; allowing licensed mental 
  1.12            health professionals to admit inmates to the mental 
  1.13            health unit at MCF-Oak Park Heights; authorizing a 
  1.14            corrections agent to request a review of an offender's 
  1.15            risk level based on offender behavior in the 
  1.16            community; providing that offenders returned to prison 
  1.17            as release violators do not have a right to a risk 
  1.18            reassessment by the end-of-confinement review 
  1.19            committee unless substantial evidence indicates the 
  1.20            offender's risk has increased; amending Minnesota 
  1.21            Statutes 2000, sections 241.021, subdivision 4; 
  1.22            241.69; 242.32, subdivision 1a; and 244.052, 
  1.23            subdivision 3; proposing coding for new law in 
  1.24            Minnesota Statutes, chapter 241. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26                             ARTICLE 1
  1.27    OBSOLETE LANGUAGE; MENTAL HEALTH UNIT MCF-OAK PARK HEIGHTS;
  1.28          STATEWIDE SUPERVISION DATA SYSTEM; CORRECTIONAL 
  1.29                            CAMP CHARGE
  1.30     Section 1.  Minnesota Statutes 2000, section 241.021, 
  1.31  subdivision 4, is amended to read: 
  1.32     Subd. 4.  [HEALTH CARE.] The commissioner of corrections 
  1.33  shall provide professional health care to persons confined in 
  1.34  institutions under the control of the commissioner of 
  1.35  corrections and pay the costs of their care in hospitals and 
  2.1   other medical facilities not under the control of the 
  2.2   commissioner of corrections, including the secure treatment unit 
  2.3   operated by the St. Paul - Ramsey Hospital.  All reimbursements 
  2.4   for these health care services shall be deposited in the general 
  2.5   fund.  The commissioner of corrections is authorized to contract 
  2.6   with entities, including health care management companies, to 
  2.7   provide health care to inmates.  With respect to these 
  2.8   contracts, these entities shall not be regulated as, or 
  2.9   otherwise considered to be, health plan companies as defined in 
  2.10  section 62Q.01, subdivision 4. 
  2.11     Sec. 2.  Minnesota Statutes 2000, section 241.69, is 
  2.12  amended to read: 
  2.13     241.69 [PSYCHIATRIC UNIT; ESTABLISHMENT.] 
  2.14     Subdivision 1.  [AUTHORITY; RULES.] The commissioner of 
  2.15  corrections shall, in accordance with applicable rules and 
  2.16  standards prescribed by the departments department of health and 
  2.17  welfare human services, establish, staff, equip, maintain and 
  2.18  operate at one of the adult correctional institutions under the 
  2.19  commissioner's control a psychiatric mental health unit for the 
  2.20  care and treatment of those inmates of state correctional 
  2.21  institutions who become mentally ill. 
  2.22     Subd. 2.  [EXAMINATION.] When any person confined in an 
  2.23  adult correctional institution under the control of the 
  2.24  commissioner of corrections is alleged to be a mentally ill 
  2.25  person, the chief executive officer director of psychological 
  2.26  services, or warden or other person in charge of the institution 
  2.27  shall cause the person to be examined by a licensed physician 
  2.28  especially qualified in the diagnosis of mental illness, or, if 
  2.29  none is available, by any licensed physician or 
  2.30  licensed psychologist mental health professional available to 
  2.31  the institution. 
  2.32     Subd. 3.  [TRANSFER.] If the examining physician or 
  2.33  psychologist licensed mental health professional finds the 
  2.34  person to be mentally ill and in need of short term care, the 
  2.35  examining physician health care professional may recommend 
  2.36  transfer by the commissioner of corrections to the psychiatric 
  3.1   mental health unit established pursuant to subdivision 1. 
  3.2      Subd. 4.  [COMMITMENT.] If the examining physician health 
  3.3   care professional or psychologist licensed mental health 
  3.4   professional finds the person to be mentally ill and in need of 
  3.5   long term care in a hospital, or if an inmate transferred 
  3.6   pursuant to subdivision 3 refuses to voluntarily participate in 
  3.7   the treatment program at the psychiatric mental health unit, the 
  3.8   chief executive officer of director of psychological services of 
  3.9   the institution or other person in charge the mental health 
  3.10  professional shall initiate proceedings for judicial commitment 
  3.11  as provided in section 253B.07.  Upon the recommendation of 
  3.12  the physician or psychologist licensed mental health 
  3.13  professional and upon completion of the hearing and 
  3.14  consideration of the record, the court may commit the person to 
  3.15  the psychiatric mental health unit established in subdivision 1 
  3.16  or to another hospital.  A person confined in a state 
  3.17  correctional institution for adults who has been adjudicated to 
  3.18  be mentally ill and in need of treatment may be committed to the 
  3.19  commissioner of corrections and placed in the psychiatric mental 
  3.20  health unit established in subdivision 1.  
  3.21     Subd. 5.  [DISCHARGE.] The chief medical officer director 
  3.22  of psychological services of the psychiatric mental health unit 
  3.23  established under this section may, subject to the provisions of 
  3.24  chapter 253B, provisionally discharge any inmate patient 
  3.25  admitted as mentally ill without discharging the commitment and 
  3.26  order the inmate patient's release into the general population 
  3.27  of the institution from which admitted, subject to return to the 
  3.28  facility for further treatment. 
  3.29     When the chief medical officer director of psychological 
  3.30  services of the facility certifies that a patient is no longer 
  3.31  in need of institutional care for mental illness the chief 
  3.32  medical officer director of psychological services shall 
  3.33  discharge the patient to the institution from which committed, 
  3.34  and the discharge shall also discharge the mental illness 
  3.35  commitment. 
  3.36     A copy of the certification that the inmate is no longer in 
  4.1   need of care for mental illness shall be transmitted to the 
  4.2   commissioner of corrections.  The commissioner of corrections 
  4.3   shall give serious consideration to the aforementioned 
  4.4   certification for purposes of their supervision over the inmate 
  4.5   upon the inmate's release. 
  4.6      Subd. 6.  [TRANSFER UPON EXPIRATION OF SENTENCE.] If the 
  4.7   sentence of a person who has been adjudicated to be mentally ill 
  4.8   and committed to the psychiatric mental health unit established 
  4.9   under this section should expire before the person recovers and 
  4.10  is discharged therefrom, and, in the judgment of the chief 
  4.11  medical officer director of psychological services of the unit, 
  4.12  the person requires further hospitalization for mental illness, 
  4.13  the person shall be transferred by the commissioner of 
  4.14  corrections to a state hospital designated by the commissioner 
  4.15  of human services, there to be detained as in the case of other 
  4.16  mentally ill persons under judicial commitment. 
  4.17     Subd. 7.  [COSTS.] The costs of the commitment proceedings 
  4.18  under this section shall be borne by the state. 
  4.19     Subd. 8.  [DEFINITIONS.] For the purposes of this section, 
  4.20  the words defined in section 253B.02 have the meanings given 
  4.21  them in that section. 
  4.22     Sec. 3.  [241.86] [STATEWIDE SUPERVISION DATA SYSTEM.] 
  4.23     Subdivision 1.  [DEFINITION.] The statewide supervision 
  4.24  data system is a central operational repository of data in which 
  4.25  criminal justice individual data is collected, stored, 
  4.26  disseminated, and used by one or more state agencies or more 
  4.27  than one political subdivision or any combination of state 
  4.28  agencies and political subdivisions.  The statewide supervision 
  4.29  data system provides electronic access to information on 
  4.30  individuals to criminal justice agencies via a secure Web site.  
  4.31  The data system must include information regarding juveniles and 
  4.32  adults who are on probation or otherwise detained, incarcerated, 
  4.33  or supervised. 
  4.34     Subd. 2.  [ESTABLISHMENT.] The department of corrections 
  4.35  shall administer and maintain a computerized data system for the 
  4.36  purpose of assisting criminal justice agencies in monitoring and 
  5.1   enforcing the conditions imposed on an individual.  The 
  5.2   information in the system uses private data, as defined in 
  5.3   section 13.02, subdivision 12. 
  5.4      Subd. 3.  [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only 
  5.5   criminal justice agencies may submit data to and/or obtain data 
  5.6   from the statewide supervision data system.  The commissioner of 
  5.7   corrections may require that any or all system information 
  5.8   requirements be submitted to the statewide supervision data 
  5.9   system. 
  5.10     Subd. 4.  [PROCEDURES.] The department of corrections shall 
  5.11  adopt procedures to provide for the orderly collection, entry, 
  5.12  retrieval, and deletion of data contained in the statewide 
  5.13  supervision data system. 
  5.14     Subd. 5.  [CRIMINAL JUSTICE AGENCIES DEFINED.] For the 
  5.15  purpose of this section, "criminal justice agency" means a state 
  5.16  agency or an agency of a political subdivision charged with 
  5.17  detection, enforcement, prosecution or public defense, 
  5.18  adjudication, or incarceration with respect to the criminal or 
  5.19  traffic laws of this state.  Criminal justice agency also 
  5.20  includes all sites identified and licensed as a detention 
  5.21  facility by the commissioner of corrections under section 
  5.22  241.021. 
  5.23     Sec. 4.  Minnesota Statutes 2000, section 242.32, 
  5.24  subdivision 1a, is amended to read: 
  5.25     Subd. 1a.  [ALTERNATIVE RESIDENTIAL PROGRAMS; FUNDING.] The 
  5.26  commissioner of corrections may establish and operate 
  5.27  alternative residential programs for juveniles.  Programming is 
  5.28  available to court and social service agencies for placement of 
  5.29  juveniles to act as early intervention in juvenile crime.  The 
  5.30  commissioner shall require participating state or federal 
  5.31  agencies and local units of government sending participants to 
  5.32  the program to pay the cost of the program.  Funds received by 
  5.33  the commissioner for the cost of the program from state and 
  5.34  federal agencies and local units of government under this 
  5.35  subdivision must be deposited in the state treasury and credited 
  5.36  to a special account.  Money in the account is appropriated to 
  6.1   the commissioner to fund the program. 
  6.2                              ARTICLE 2
  6.3               PREDATORY OFFENDER FULL COMPLIANCE WITH 
  6.4                          SUPERVISED RELEASE
  6.5      Section 1.  Minnesota Statutes 2000, section 244.052, 
  6.6   subdivision 3, is amended to read: 
  6.7      Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
  6.8   commissioner of corrections shall establish and administer 
  6.9   end-of-confinement review committees at each state correctional 
  6.10  facility and at each state treatment facility where predatory 
  6.11  offenders are confined.  The committees shall assess on a 
  6.12  case-by-case basis the public risk posed by predatory offenders 
  6.13  who are about to be released from confinement. 
  6.14     (b) Each committee shall be a standing committee and shall 
  6.15  consist of the following members appointed by the commissioner: 
  6.16     (1) the chief executive officer or head of the correctional 
  6.17  or treatment facility where the offender is currently confined, 
  6.18  or that person's designee; 
  6.19     (2) a law enforcement officer; 
  6.20     (3) a treatment professional who is trained in the 
  6.21  assessment of sex offenders; 
  6.22     (4) a caseworker experienced in supervising sex offenders; 
  6.23  and 
  6.24     (5) a victim's services professional. 
  6.25     Members of the committee, other than the facility's chief 
  6.26  executive officer or head, shall be appointed by the 
  6.27  commissioner to two-year terms.  The chief executive officer or 
  6.28  head of the facility or designee shall act as chair of the 
  6.29  committee and shall use the facility's staff, as needed, to 
  6.30  administer the committee, obtain necessary information from 
  6.31  outside sources, and prepare risk assessment reports on 
  6.32  offenders. 
  6.33     (c) The committee shall have access to the following data 
  6.34  on a predatory offender only for the purposes of its assessment 
  6.35  and to defend the committee's risk assessment determination upon 
  6.36  administrative review under this section: 
  7.1      (1) private medical data under section 13.384 or 144.335, 
  7.2   or welfare data under section 13.46 that relate to medical 
  7.3   treatment of the offender; 
  7.4      (2) private and confidential court services data under 
  7.5   section 13.84; 
  7.6      (3) private and confidential corrections data under section 
  7.7   13.85; and 
  7.8      (4) private criminal history data under section 13.87. 
  7.9      Data collected and maintained by the committee under this 
  7.10  paragraph may not be disclosed outside the committee, except as 
  7.11  provided under section 13.05, subdivision 3 or 4.  The predatory 
  7.12  offender has access to data on the offender collected and 
  7.13  maintained by the committee, unless the data are confidential 
  7.14  data received under this paragraph. 
  7.15     (d)(i) Except as otherwise provided in item (ii), at least 
  7.16  90 days before a predatory offender is to be released from 
  7.17  confinement, the commissioner of corrections shall convene the 
  7.18  appropriate end-of-confinement review committee for the purpose 
  7.19  of assessing the risk presented by the offender and determining 
  7.20  the risk level to which the offender shall be assigned under 
  7.21  paragraph (e).  The offender and the law enforcement agency that 
  7.22  was responsible for the charge resulting in confinement shall be 
  7.23  notified of the time and place of the committee's meeting.  The 
  7.24  offender has a right to be present and be heard at the meeting.  
  7.25  The law enforcement agency may provide material in writing that 
  7.26  is relevant to the offender's risk level to the chair of the 
  7.27  committee.  The committee shall use the risk factors described 
  7.28  in paragraph (g) and the risk assessment scale developed under 
  7.29  subdivision 2 to determine the offender's risk assessment score 
  7.30  and risk level.  Offenders scheduled for release from 
  7.31  confinement shall be assessed by the committee established at 
  7.32  the facility from which the offender is to be released.  
  7.33     (ii) If an offender is received for confinement in a 
  7.34  facility with less than 90 days remaining in the offender's term 
  7.35  of confinement, the offender's risk shall be assessed at the 
  7.36  first regularly scheduled end of confinement review committee 
  8.1   that convenes after the appropriate documentation for the risk 
  8.2   assessment is assembled by the committee.  The commissioner 
  8.3   shall make reasonable efforts to ensure that offender's risk is 
  8.4   assessed and a risk level is assigned or reassigned at least 30 
  8.5   days before the offender's release date. 
  8.6      (e) The committee shall assign to risk level I a predatory 
  8.7   offender whose risk assessment score indicates a low risk of 
  8.8   reoffense.  The committee shall assign to risk level II an 
  8.9   offender whose risk assessment score indicates a moderate risk 
  8.10  of reoffense.  The committee shall assign to risk level III an 
  8.11  offender whose risk assessment score indicates a high risk of 
  8.12  reoffense. 
  8.13     (f) Before the predatory offender is released from 
  8.14  confinement, the committee shall prepare a risk assessment 
  8.15  report which specifies the risk level to which the offender has 
  8.16  been assigned and the reasons underlying the committee's risk 
  8.17  assessment decision.  The committee shall give the report to the 
  8.18  offender and to the law enforcement agency at least 60 days 
  8.19  before an offender is released from confinement.  If the risk 
  8.20  assessment is performed under the circumstances described in 
  8.21  paragraph (d), item (ii), the report shall be given to the 
  8.22  offender and the law enforcement agency as soon as it is 
  8.23  available.  The committee also shall inform the offender of the 
  8.24  availability of review under subdivision 6. 
  8.25     (g) As used in this subdivision, "risk factors" includes, 
  8.26  but is not limited to, the following factors: 
  8.27     (1) the seriousness of the offense should the offender 
  8.28  reoffend.  This factor includes consideration of the following:  
  8.29     (i) the degree of likely force or harm; 
  8.30     (ii) the degree of likely physical contact; and 
  8.31     (iii) the age of the likely victim; 
  8.32     (2) the offender's prior offense history.  This factor 
  8.33  includes consideration of the following: 
  8.34     (i) the relationship of prior victims to the offender; 
  8.35     (ii) the number of prior offenses or victims; 
  8.36     (iii) the duration of the offender's prior offense history; 
  9.1      (iv) the length of time since the offender's last prior 
  9.2   offense while the offender was at risk to commit offenses; and 
  9.3      (v) the offender's prior history of other antisocial acts; 
  9.4      (3) the offender's characteristics.  This factor includes 
  9.5   consideration of the following:  
  9.6      (i) the offender's response to prior treatment efforts; and 
  9.7      (ii) the offender's history of substance abuse; 
  9.8      (4) the availability of community supports to the offender. 
  9.9   This factor includes consideration of the following: 
  9.10     (i) the availability and likelihood that the offender will 
  9.11  be involved in therapeutic treatment; 
  9.12     (ii) the availability of residential supports to the 
  9.13  offender, such as a stable and supervised living arrangement in 
  9.14  an appropriate location; 
  9.15     (iii) the offender's familial and social relationships, 
  9.16  including the nature and length of these relationships and the 
  9.17  level of support that the offender may receive from these 
  9.18  persons; and 
  9.19     (iv) the offender's lack of education or employment 
  9.20  stability; 
  9.21     (5) whether the offender has indicated or credible evidence 
  9.22  in the record indicates that the offender will reoffend if 
  9.23  released into the community; and 
  9.24     (6) whether the offender demonstrates a physical condition 
  9.25  that minimizes the risk of reoffense, including but not limited 
  9.26  to, advanced age or a debilitating illness or physical condition.
  9.27     (h) Upon the request of the law enforcement agency or the 
  9.28  offender's corrections agent, the commissioner may reconvene the 
  9.29  end-of-confinement review committee for the purpose of 
  9.30  reassessing the risk level to which an offender has been 
  9.31  assigned under paragraph (e).  In a request for a reassessment, 
  9.32  the law enforcement agency which was responsible for the charge 
  9.33  resulting in confinement or agent shall list the facts and 
  9.34  circumstances arising after the initial assignment or facts and 
  9.35  circumstances known to law enforcement or the agent but not 
  9.36  considered by the committee under paragraph (e) which support 
 10.1   the request for a reassessment.  The request for reassessment 
 10.2   must occur within 30 days of receipt of the report indicating 
 10.3   the offender's risk level assignment.  Upon review of the 
 10.4   request, the end-of-confinement review committee may reassign an 
 10.5   offender to a different risk level.  If the offender is 
 10.6   reassigned to a higher risk level, the offender has the right to 
 10.7   seek review of the committee's determination under subdivision 6.
 10.8      (i) An offender may request the end-of-confinement review 
 10.9   committee to reassess the offender's assigned risk level after 
 10.10  three years have elapsed since the committee's initial risk 
 10.11  assessment and may renew the request once every two years 
 10.12  following subsequent denials.  In a request for reassessment, 
 10.13  the offender shall list the facts and circumstances which 
 10.14  demonstrate that the offender no longer poses the same degree of 
 10.15  risk to the community.  In order for a request for a risk level 
 10.16  reduction to be granted, the offender must demonstrate full 
 10.17  compliance with supervised release conditions, completion of 
 10.18  required post-release treatment programming, and full compliance 
 10.19  with all registration requirements as detailed in section 
 10.20  243.166.  The offender must also not have been convicted of any 
 10.21  felony, gross misdemeanor, or misdemeanor offenses subsequent to 
 10.22  the assignment of the original risk level.  The committee shall 
 10.23  follow the process outlined in paragraphs (a) to (e), and 
 10.24  (g) (c) in the reassessment.  An offender who is incarcerated 
 10.25  may not request a reassessment under this paragraph. 
 10.26     (j) The commissioner shall establish an end-of-confinement 
 10.27  review committee to assign a risk level to offenders who are 
 10.28  released from a federal correctional facility in Minnesota or 
 10.29  another state and who intend to reside in Minnesota, and to 
 10.30  offenders accepted from another state under a reciprocal 
 10.31  agreement for parole supervision under the interstate compact 
 10.32  authorized by section 243.16.  The committee shall make 
 10.33  reasonable efforts to conform to the same timelines as applied 
 10.34  to Minnesota cases.  Offenders accepted from another state under 
 10.35  a reciprocal agreement for probation supervision are not 
 10.36  assigned a risk level, but are considered downward dispositional 
 11.1   departures.  The probation or court services officer and law 
 11.2   enforcement officer shall manage such cases in accordance with 
 11.3   section 244.10, subdivision 2a.  The policies and procedures of 
 11.4   the committee for federal offenders and interstate compact cases 
 11.5   must be in accordance with all requirements as set forth in this 
 11.6   section, unless restrictions caused by the nature of federal or 
 11.7   interstate transfers prevents such conformance. 
 11.8      (k) If the committee assigns a predatory offender to risk 
 11.9   level III, the committee shall determine whether residency 
 11.10  restrictions shall be included in the conditions of the 
 11.11  offender's release based on the offender's pattern of offending 
 11.12  behavior. 
 11.13                             ARTICLE 3
 11.14           CORRECTIONS AGENT REQUEST REVIEW OF RISK LEVEL
 11.15     Section 1.  Minnesota Statutes 2000, section 244.052, 
 11.16  subdivision 3, is amended to read: 
 11.17     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
 11.18  commissioner of corrections shall establish and administer 
 11.19  end-of-confinement review committees at each state correctional 
 11.20  facility and at each state treatment facility where predatory 
 11.21  offenders are confined.  The committees shall assess on a 
 11.22  case-by-case basis the public risk posed by predatory offenders 
 11.23  who are about to be released from confinement. 
 11.24     (b) Each committee shall be a standing committee and shall 
 11.25  consist of the following members appointed by the commissioner: 
 11.26     (1) the chief executive officer or head of the correctional 
 11.27  or treatment facility where the offender is currently confined, 
 11.28  or that person's designee; 
 11.29     (2) a law enforcement officer; 
 11.30     (3) a treatment professional who is trained in the 
 11.31  assessment of sex offenders; 
 11.32     (4) a caseworker experienced in supervising sex offenders; 
 11.33  and 
 11.34     (5) a victim's services professional. 
 11.35     Members of the committee, other than the facility's chief 
 11.36  executive officer or head, shall be appointed by the 
 12.1   commissioner to two-year terms.  The chief executive officer or 
 12.2   head of the facility or designee shall act as chair of the 
 12.3   committee and shall use the facility's staff, as needed, to 
 12.4   administer the committee, obtain necessary information from 
 12.5   outside sources, and prepare risk assessment reports on 
 12.6   offenders. 
 12.7      (c) The committee shall have access to the following data 
 12.8   on a predatory offender only for the purposes of its assessment 
 12.9   and to defend the committee's risk assessment determination upon 
 12.10  administrative review under this section: 
 12.11     (1) private medical data under section 13.384 or 144.335, 
 12.12  or welfare data under section 13.46 that relate to medical 
 12.13  treatment of the offender; 
 12.14     (2) private and confidential court services data under 
 12.15  section 13.84; 
 12.16     (3) private and confidential corrections data under section 
 12.17  13.85; and 
 12.18     (4) private criminal history data under section 13.87. 
 12.19     Data collected and maintained by the committee under this 
 12.20  paragraph may not be disclosed outside the committee, except as 
 12.21  provided under section 13.05, subdivision 3 or 4.  The predatory 
 12.22  offender has access to data on the offender collected and 
 12.23  maintained by the committee, unless the data are confidential 
 12.24  data received under this paragraph. 
 12.25     (d)(i) Except as otherwise provided in item (ii), at least 
 12.26  90 days before a predatory offender is to be released from 
 12.27  confinement, the commissioner of corrections shall convene the 
 12.28  appropriate end-of-confinement review committee for the purpose 
 12.29  of assessing the risk presented by the offender and determining 
 12.30  the risk level to which the offender shall be assigned under 
 12.31  paragraph (e).  The offender and the law enforcement agency that 
 12.32  was responsible for the charge resulting in confinement shall be 
 12.33  notified of the time and place of the committee's meeting.  The 
 12.34  offender has a right to be present and be heard at the meeting.  
 12.35  The law enforcement agency may provide material in writing that 
 12.36  is relevant to the offender's risk level to the chair of the 
 13.1   committee.  The committee shall use the risk factors described 
 13.2   in paragraph (g) and the risk assessment scale developed under 
 13.3   subdivision 2 to determine the offender's risk assessment score 
 13.4   and risk level.  Offenders scheduled for release from 
 13.5   confinement shall be assessed by the committee established at 
 13.6   the facility from which the offender is to be released.  
 13.7      (ii) If an offender is received for confinement in a 
 13.8   facility with less than 90 days remaining in the offender's term 
 13.9   of confinement, the offender's risk shall be assessed at the 
 13.10  first regularly scheduled end of confinement review committee 
 13.11  that convenes after the appropriate documentation for the risk 
 13.12  assessment is assembled by the committee.  The commissioner 
 13.13  shall make reasonable efforts to ensure that offender's risk is 
 13.14  assessed and a risk level is assigned or reassigned at least 30 
 13.15  days before the offender's release date. 
 13.16     (e) The committee shall assign to risk level I a predatory 
 13.17  offender whose risk assessment score indicates a low risk of 
 13.18  reoffense.  The committee shall assign to risk level II an 
 13.19  offender whose risk assessment score indicates a moderate risk 
 13.20  of reoffense.  The committee shall assign to risk level III an 
 13.21  offender whose risk assessment score indicates a high risk of 
 13.22  reoffense. 
 13.23     (f) Before the predatory offender is released from 
 13.24  confinement, the committee shall prepare a risk assessment 
 13.25  report which specifies the risk level to which the offender has 
 13.26  been assigned and the reasons underlying the committee's risk 
 13.27  assessment decision.  The committee shall give the report to the 
 13.28  offender and to the law enforcement agency at least 60 days 
 13.29  before an offender is released from confinement.  If the risk 
 13.30  assessment is performed under the circumstances described in 
 13.31  paragraph (d), item (ii), the report shall be given to the 
 13.32  offender and the law enforcement agency as soon as it is 
 13.33  available.  The committee also shall inform the offender of the 
 13.34  availability of review under subdivision 6. 
 13.35     (g) As used in this subdivision, "risk factors" includes, 
 13.36  but is not limited to, the following factors: 
 14.1      (1) the seriousness of the offense should the offender 
 14.2   reoffend.  This factor includes consideration of the following:  
 14.3      (i) the degree of likely force or harm; 
 14.4      (ii) the degree of likely physical contact; and 
 14.5      (iii) the age of the likely victim; 
 14.6      (2) the offender's prior offense history.  This factor 
 14.7   includes consideration of the following: 
 14.8      (i) the relationship of prior victims to the offender; 
 14.9      (ii) the number of prior offenses or victims; 
 14.10     (iii) the duration of the offender's prior offense history; 
 14.11     (iv) the length of time since the offender's last prior 
 14.12  offense while the offender was at risk to commit offenses; and 
 14.13     (v) the offender's prior history of other antisocial acts; 
 14.14     (3) the offender's characteristics.  This factor includes 
 14.15  consideration of the following:  
 14.16     (i) the offender's response to prior treatment efforts; and 
 14.17     (ii) the offender's history of substance abuse; 
 14.18     (4) the availability of community supports to the offender. 
 14.19  This factor includes consideration of the following: 
 14.20     (i) the availability and likelihood that the offender will 
 14.21  be involved in therapeutic treatment; 
 14.22     (ii) the availability of residential supports to the 
 14.23  offender, such as a stable and supervised living arrangement in 
 14.24  an appropriate location; 
 14.25     (iii) the offender's familial and social relationships, 
 14.26  including the nature and length of these relationships and the 
 14.27  level of support that the offender may receive from these 
 14.28  persons; and 
 14.29     (iv) the offender's lack of education or employment 
 14.30  stability; 
 14.31     (5) whether the offender has indicated or credible evidence 
 14.32  in the record indicates that the offender will reoffend if 
 14.33  released into the community; and 
 14.34     (6) whether the offender demonstrates a physical condition 
 14.35  that minimizes the risk of reoffense, including but not limited 
 14.36  to, advanced age or a debilitating illness or physical condition.
 15.1      (h) Upon the request of the law enforcement agency or the 
 15.2   offender's corrections agent, the commissioner may reconvene the 
 15.3   end-of-confinement review committee for the purpose of 
 15.4   reassessing the risk level to which an offender has been 
 15.5   assigned under paragraph (e).  In a request for a reassessment, 
 15.6   the law enforcement agency which was responsible for the charge 
 15.7   resulting in confinement or agent shall list the facts and 
 15.8   circumstances arising after the initial assignment or facts and 
 15.9   circumstances known to law enforcement or the agent but not 
 15.10  considered by the committee under paragraph (e) which support 
 15.11  the request for a reassessment.  The request for reassessment by 
 15.12  the law enforcement agency must occur within 30 days of receipt 
 15.13  of the report indicating the offender's risk level 
 15.14  assignment.  The offender's corrections agent, in consultation 
 15.15  with the chief law enforcement officer in the area where the 
 15.16  offender resides or intends to reside, may request a review of a 
 15.17  risk level at any time if substantial evidence exists that the 
 15.18  offender's risk level should be reviewed by an 
 15.19  end-of-confinement review committee.  This evidence includes, 
 15.20  but is not limited to, evidence of treatment failures or 
 15.21  completions, evidence of exceptional crime-free community 
 15.22  adjustment or lack of appropriate adjustment, evidence of 
 15.23  substantial community need to know more about the offender or 
 15.24  mitigating circumstances that would narrow the proposed scope of 
 15.25  notification, or other practical situations articulated and 
 15.26  based in evidence of the offender's behavior while under 
 15.27  supervision.  Upon review of the request, the end-of-confinement 
 15.28  review committee may reassign an offender to a different risk 
 15.29  level.  If the offender is reassigned to a higher risk level, 
 15.30  the offender has the right to seek review of the committee's 
 15.31  determination under subdivision 6. 
 15.32     (i) An offender may request the end-of-confinement review 
 15.33  committee to reassess the offender's assigned risk level after 
 15.34  three years have elapsed since the committee's initial risk 
 15.35  assessment and may renew the request once every two years 
 15.36  following subsequent denials.  In a request for reassessment, 
 16.1   the offender shall list the facts and circumstances which 
 16.2   demonstrate that the offender no longer poses the same degree of 
 16.3   risk to the community.  The committee shall follow the process 
 16.4   outlined in paragraphs (a) to (e), and (g) in the reassessment.  
 16.5   An offender who is incarcerated may not request a reassessment 
 16.6   under this paragraph. 
 16.7      (j) The commissioner shall establish an end-of-confinement 
 16.8   review committee to assign a risk level to offenders who are 
 16.9   released from a federal correctional facility in Minnesota or 
 16.10  another state and who intend to reside in Minnesota, and to 
 16.11  offenders accepted from another state under a reciprocal 
 16.12  agreement for parole supervision under the interstate compact 
 16.13  authorized by section 243.16.  The committee shall make 
 16.14  reasonable efforts to conform to the same timelines as applied 
 16.15  to Minnesota cases.  Offenders accepted from another state under 
 16.16  a reciprocal agreement for probation supervision are not 
 16.17  assigned a risk level, but are considered downward dispositional 
 16.18  departures.  The probation or court services officer and law 
 16.19  enforcement officer shall manage such cases in accordance with 
 16.20  section 244.10, subdivision 2a.  The policies and procedures of 
 16.21  the committee for federal offenders and interstate compact cases 
 16.22  must be in accordance with all requirements as set forth in this 
 16.23  section, unless restrictions caused by the nature of federal or 
 16.24  interstate transfers prevents such conformance. 
 16.25     (k) If the committee assigns a predatory offender to risk 
 16.26  level III, the committee shall determine whether residency 
 16.27  restrictions shall be included in the conditions of the 
 16.28  offender's release based on the offender's pattern of offending 
 16.29  behavior. 
 16.30                             ARTICLE 4
 16.31            RELEASED VIOLATORS RIGHT TO RISK ASSESSMENT
 16.32     Section 1.  Minnesota Statutes 2000, section 244.052, 
 16.33  subdivision 3, is amended to read: 
 16.34     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
 16.35  commissioner of corrections shall establish and administer 
 16.36  end-of-confinement review committees at each state correctional 
 17.1   facility and at each state treatment facility where predatory 
 17.2   offenders are confined.  The committees shall assess on a 
 17.3   case-by-case basis the public risk posed by predatory offenders 
 17.4   who are about to be released from confinement. 
 17.5      (b) Each committee shall be a standing committee and shall 
 17.6   consist of the following members appointed by the commissioner: 
 17.7      (1) the chief executive officer or head of the correctional 
 17.8   or treatment facility where the offender is currently confined, 
 17.9   or that person's designee; 
 17.10     (2) a law enforcement officer; 
 17.11     (3) a treatment professional who is trained in the 
 17.12  assessment of sex offenders; 
 17.13     (4) a caseworker experienced in supervising sex offenders; 
 17.14  and 
 17.15     (5) a victim's services professional. 
 17.16     Members of the committee, other than the facility's chief 
 17.17  executive officer or head, shall be appointed by the 
 17.18  commissioner to two-year terms.  The chief executive officer or 
 17.19  head of the facility or designee shall act as chair of the 
 17.20  committee and shall use the facility's staff, as needed, to 
 17.21  administer the committee, obtain necessary information from 
 17.22  outside sources, and prepare risk assessment reports on 
 17.23  offenders. 
 17.24     (c) The committee shall have access to the following data 
 17.25  on a predatory offender only for the purposes of its assessment 
 17.26  and to defend the committee's risk assessment determination upon 
 17.27  administrative review under this section: 
 17.28     (1) private medical data under section 13.384 or 144.335, 
 17.29  or welfare data under section 13.46 that relate to medical 
 17.30  treatment of the offender; 
 17.31     (2) private and confidential court services data under 
 17.32  section 13.84; 
 17.33     (3) private and confidential corrections data under section 
 17.34  13.85; and 
 17.35     (4) private criminal history data under section 13.87. 
 17.36     Data collected and maintained by the committee under this 
 18.1   paragraph may not be disclosed outside the committee, except as 
 18.2   provided under section 13.05, subdivision 3 or 4.  The predatory 
 18.3   offender has access to data on the offender collected and 
 18.4   maintained by the committee, unless the data are confidential 
 18.5   data received under this paragraph. 
 18.6      (d)(i) Except as otherwise provided in item (ii), at least 
 18.7   90 days before a predatory offender is to be released from 
 18.8   confinement, the commissioner of corrections shall convene the 
 18.9   appropriate end-of-confinement review committee for the purpose 
 18.10  of assessing the risk presented by the offender and determining 
 18.11  the risk level to which the offender shall be assigned under 
 18.12  paragraph (e).  The offender and the law enforcement agency that 
 18.13  was responsible for the charge resulting in confinement shall be 
 18.14  notified of the time and place of the committee's meeting.  The 
 18.15  offender has a right to be present and be heard at the meeting.  
 18.16  The law enforcement agency may provide material in writing that 
 18.17  is relevant to the offender's risk level to the chair of the 
 18.18  committee.  The committee shall use the risk factors described 
 18.19  in paragraph (g) and the risk assessment scale developed under 
 18.20  subdivision 2 to determine the offender's risk assessment score 
 18.21  and risk level.  Offenders scheduled for release from 
 18.22  confinement shall be assessed by the committee established at 
 18.23  the facility from which the offender is to be released.  
 18.24     (ii) If an offender is received for confinement in a 
 18.25  facility with less than 90 days remaining in the offender's term 
 18.26  of confinement, the offender's risk shall be assessed at the 
 18.27  first regularly scheduled end of confinement review committee 
 18.28  that convenes after the appropriate documentation for the risk 
 18.29  assessment is assembled by the committee.  The commissioner 
 18.30  shall make reasonable efforts to ensure that offender's risk is 
 18.31  assessed and a risk level is assigned or reassigned at least 30 
 18.32  days before the offender's release date. 
 18.33     (e) The committee shall assign to risk level I a predatory 
 18.34  offender whose risk assessment score indicates a low risk of 
 18.35  reoffense.  The committee shall assign to risk level II an 
 18.36  offender whose risk assessment score indicates a moderate risk 
 19.1   of reoffense.  The committee shall assign to risk level III an 
 19.2   offender whose risk assessment score indicates a high risk of 
 19.3   reoffense. 
 19.4      (f) Before the predatory offender is released from 
 19.5   confinement, the committee shall prepare a risk assessment 
 19.6   report which specifies the risk level to which the offender has 
 19.7   been assigned and the reasons underlying the committee's risk 
 19.8   assessment decision.  The committee shall give the report to the 
 19.9   offender and to the law enforcement agency at least 60 days 
 19.10  before an offender is released from confinement.  If the risk 
 19.11  assessment is performed under the circumstances described in 
 19.12  paragraph (d), item (ii), the report shall be given to the 
 19.13  offender and the law enforcement agency as soon as it is 
 19.14  available.  The committee also shall inform the offender of the 
 19.15  availability of review under subdivision 6. 
 19.16     (g) As used in this subdivision, "risk factors" includes, 
 19.17  but is not limited to, the following factors: 
 19.18     (1) the seriousness of the offense should the offender 
 19.19  reoffend.  This factor includes consideration of the following:  
 19.20     (i) the degree of likely force or harm; 
 19.21     (ii) the degree of likely physical contact; and 
 19.22     (iii) the age of the likely victim; 
 19.23     (2) the offender's prior offense history.  This factor 
 19.24  includes consideration of the following: 
 19.25     (i) the relationship of prior victims to the offender; 
 19.26     (ii) the number of prior offenses or victims; 
 19.27     (iii) the duration of the offender's prior offense history; 
 19.28     (iv) the length of time since the offender's last prior 
 19.29  offense while the offender was at risk to commit offenses; and 
 19.30     (v) the offender's prior history of other antisocial acts; 
 19.31     (3) the offender's characteristics.  This factor includes 
 19.32  consideration of the following:  
 19.33     (i) the offender's response to prior treatment efforts; and 
 19.34     (ii) the offender's history of substance abuse; 
 19.35     (4) the availability of community supports to the offender. 
 19.36  This factor includes consideration of the following: 
 20.1      (i) the availability and likelihood that the offender will 
 20.2   be involved in therapeutic treatment; 
 20.3      (ii) the availability of residential supports to the 
 20.4   offender, such as a stable and supervised living arrangement in 
 20.5   an appropriate location; 
 20.6      (iii) the offender's familial and social relationships, 
 20.7   including the nature and length of these relationships and the 
 20.8   level of support that the offender may receive from these 
 20.9   persons; and 
 20.10     (iv) the offender's lack of education or employment 
 20.11  stability; 
 20.12     (5) whether the offender has indicated or credible evidence 
 20.13  in the record indicates that the offender will reoffend if 
 20.14  released into the community; and 
 20.15     (6) whether the offender demonstrates a physical condition 
 20.16  that minimizes the risk of reoffense, including but not limited 
 20.17  to, advanced age or a debilitating illness or physical condition.
 20.18     (h) Upon the request of the law enforcement agency or the 
 20.19  offender's corrections agent, the commissioner may reconvene the 
 20.20  end-of-confinement review committee for the purpose of 
 20.21  reassessing the risk level to which an offender has been 
 20.22  assigned under paragraph (e).  In a request for a reassessment, 
 20.23  the law enforcement agency which was responsible for the charge 
 20.24  resulting in confinement or agent shall list the facts and 
 20.25  circumstances arising after the initial assignment or facts and 
 20.26  circumstances known to law enforcement or the agent but not 
 20.27  considered by the committee under paragraph (e) which support 
 20.28  the request for a reassessment.  The request for reassessment 
 20.29  must occur within 30 days of receipt of the report indicating 
 20.30  the offender's risk level assignment.  Upon review of the 
 20.31  request, the end-of-confinement review committee may reassign an 
 20.32  offender to a different risk level.  If the offender is 
 20.33  reassigned to a higher risk level, the offender has the right to 
 20.34  seek review of the committee's determination under subdivision 6.
 20.35     (i) An offender may request the end-of-confinement review 
 20.36  committee to reassess the offender's assigned risk level after 
 21.1   three years have elapsed since the committee's initial risk 
 21.2   assessment and may renew the request once every two years 
 21.3   following subsequent denials.  In a request for reassessment, 
 21.4   the offender shall list the facts and circumstances which 
 21.5   demonstrate that the offender no longer poses the same degree of 
 21.6   risk to the community.  The committee shall follow the process 
 21.7   outlined in paragraphs (a) to (e), and (g) in the reassessment.  
 21.8   An offender who is incarcerated may not request a reassessment 
 21.9   under this paragraph. 
 21.10     (j) Offenders returned to prison as release violators shall 
 21.11  not have a right to a subsequent risk reassessment by the 
 21.12  end-of-confinement review committee unless substantial evidence 
 21.13  determines that the offender's risk to the public has increased. 
 21.14     (k) The commissioner shall establish an end-of-confinement 
 21.15  review committee to assign a risk level to offenders who are 
 21.16  released from a federal correctional facility in Minnesota or 
 21.17  another state and who intend to reside in Minnesota, and to 
 21.18  offenders accepted from another state under a reciprocal 
 21.19  agreement for parole supervision under the interstate compact 
 21.20  authorized by section 243.16.  The committee shall make 
 21.21  reasonable efforts to conform to the same timelines as applied 
 21.22  to Minnesota cases.  Offenders accepted from another state under 
 21.23  a reciprocal agreement for probation supervision are not 
 21.24  assigned a risk level, but are considered downward dispositional 
 21.25  departures.  The probation or court services officer and law 
 21.26  enforcement officer shall manage such cases in accordance with 
 21.27  section 244.10, subdivision 2a.  The policies and procedures of 
 21.28  the committee for federal offenders and interstate compact cases 
 21.29  must be in accordance with all requirements as set forth in this 
 21.30  section, unless restrictions caused by the nature of federal or 
 21.31  interstate transfers prevents such conformance. 
 21.32     (k) (l) If the committee assigns a predatory offender to 
 21.33  risk level III, the committee shall determine whether residency 
 21.34  restrictions shall be included in the conditions of the 
 21.35  offender's release based on the offender's pattern of offending 
 21.36  behavior.