HF 1709

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crimes; modifying where sex offenders may
reside upon release from confinement; amending
Minnesota Statutes 2004, section 244.052, subdivision
4a.

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

Section 1.

Minnesota Statutes 2004, section 244.052,
subdivision 4a, is amended to read:

Subd. 4a.

deleted text begin level iii deleted text end new text begin predatory new text end offenders; location of
residence.

(a) deleted text begin When deleted text end new text begin Before new text end an offender assigned to risk level
new text begin I, II, or new text end III deleted text begin is deleted text end new text begin may be new text end released from confinement or a
residential facility to reside in the community or deleted text begin changes
residence deleted text end new text begin may be permitted to change residences new text end while on
supervised or conditional release, the agency responsible for
the offender's supervision shall deleted text begin take into consideration the
proximity of the offender's residence to that of other level III
offenders and proximity to schools and, to the greatest extent
feasible, shall mitigate the concentration of level III
offenders and concentration of level III offenders near schools.
deleted text end new text begin require that the offender reside at a location at least 1,500
feet from any school and at least 1,500 feet from another
predatory offender unless:
new text end

new text begin (1) the location is a house that was owned by the offender
prior to conviction;
new text end

new text begin (2) the house is owned by and resided in by the offender's
parents, children, or siblings; or
new text end

new text begin (3) the building is a treatment facility licensed by the
Department of Corrections.
new text end

(b) If the owner or property manager of a hotel, motel,
lodging establishment, or apartment building has an agreement
with an agency that arranges or provides shelter for victims of
domestic abuse, the owner or property manager may not knowingly
rent rooms to both level III offenders and victims of domestic
abuse at the same time. If the owner or property manager has an
agreement with an agency to provide housing to domestic abuse
victims and discovers or is informed that a tenant is a level
III offender after signing a lease or otherwise renting to the
offender, the owner or property manager may evict the offender.