HF 2019

as introduced - 90th Legislature (2017 - 2018) Posted on 03/02/2017 01:25pm

A bill for an act
relating to public safety; prohibiting predatory offenders required to register from
accessing and using augmented reality games; amending Minnesota Statutes 2016,
sections 243.166, subdivisions 1a, 4; 244.05, subdivision 6.

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

Section 1.

Minnesota Statutes 2016, section 243.166, subdivision 1a, is amended to read:

Subd. 1a.

Definitions.

(a) As used in this section, unless the context clearly indicates
otherwise, the following terms have the meanings given them.

new text begin (b) "Augmented reality game" means a digital application or game, typically accessed
on mobile devices including but not limited to smartphones, tablets, or augmented reality
glasses, which causes users to physically move to locations, personally interact with locations,
or both outside the user's place of residence for the purpose of achieving goals or moving
from place to place within the game.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end "Bureau" means the Bureau of Criminal Apprehension.

deleted text begin (c) deleted text end new text begin (d) new text end "Dwelling" means the building where the person lives under a formal or informal
agreement to do so. However, dwelling does not include a supervised publicly or privately
operated shelter or facility designed to provide temporary living accommodations for
homeless individuals as defined in section 116L.361, subdivision 5.

deleted text begin (d) deleted text end new text begin (e) new text end "Incarceration" and "confinement" do not include electronic home monitoring.

deleted text begin (e) deleted text end new text begin (f) new text end "Law enforcement authority" or "authority" means, with respect to a home rule
charter or statutory city, the chief of police, and with respect to an unincorporated area, the
county sheriff.

deleted text begin (f) deleted text end new text begin (g) new text end "Motor vehicle" has the meaning given in section 169.011, subdivision 92.

deleted text begin (g) deleted text end new text begin (h) new text end "Primary address" means the mailing address of the person's dwelling. If the
mailing address is different from the actual location of the dwelling, primary address also
includes the physical location of the dwelling described with as much specificity as possible.

deleted text begin (h) deleted text end new text begin (i) new text end "School" includes any public or private educational institution, including any
secondary school, trade, or professional institution, or institution of higher education, that
the person is enrolled in on a full-time or part-time basis.

deleted text begin (i) deleted text end new text begin (j) new text end "Secondary address" means the mailing address of any place where the person
regularly or occasionally stays overnight when not staying at the person's primary address.
If the mailing address is different from the actual location of the place, secondary address
also includes the physical location of the place described with as much specificity as possible.
However, the location of a supervised publicly or privately operated shelter or facility
designated to provide temporary living accommodations for homeless individuals as defined
in section 116L.361, subdivision 5, does not constitute a secondary address.

deleted text begin (j) deleted text end new text begin (k) new text end "Treatment facility" means a residential facility, as defined in section 244.052,
subdivision 1, and residential chemical dependency treatment programs and halfway houses
licensed under chapter 245A, including, but not limited to, those facilities directly or
indirectly assisted by any department or agency of the United States.

deleted text begin (k) deleted text end new text begin (l) new text end "Work" includes employment that is full time or part time for a period of time
exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar
year, whether financially compensated, volunteered, or for the purpose of government or
educational benefit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to predators
who are required to register before, on, or after that date.
new text end

Sec. 2.

Minnesota Statutes 2016, section 243.166, subdivision 4, is amended to read:

Subd. 4.

Contents of registration.

(a) The registration provided to the corrections agent
or law enforcement authority, must consist of a statement in writing signed by the person,
giving information required by the bureau, fingerprints, and photograph of the person taken
at the time of the person's release from incarceration or, if the person was not incarcerated,
at the time the person initially registered under this section. The registration information
also must include a written consent form signed by the person allowing a treatment facility
or residential housing unit or shelter to release information to a law enforcement officer
about the person's admission to, or residence in, a treatment facility or residential housing
unit or shelter. Registration information on adults and juveniles may be maintained together
notwithstanding section 260B.171, subdivision 3.

(b) For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of
another state or the United States, in addition to other information required by this section,
the registration provided to the corrections agent or law enforcement authority must include
the person's offense history and documentation of treatment received during the person's
commitment. This documentation is limited to a statement of how far the person progressed
in treatment during commitment.

(c) Within three days of receipt, the corrections agent or law enforcement authority shall
forward the registration information to the bureau. The bureau shall ascertain whether the
person has registered with the law enforcement authority in the area of the person's primary
address, if any, or if the person lacks a primary address, where the person is staying, as
required by subdivision 3a. If the person has not registered with the law enforcement
authority, the bureau shall send one copy to that authority.

(d) The corrections agent or law enforcement authority may require that a person required
to register under this section appear before the agent or authority to be photographed. The
agent or authority shall forward the photograph to the bureau.

(1) Except as provided in clause (2), the agent or authority may photograph any offender
at a time and frequency chosen by the agent or authority.

(2) The requirements of this paragraph shall not apply during any period where the
person to be photographed is: (i) committed to the commissioner of corrections and
incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the
commissioner of human services and receiving treatment in a secure treatment facility.

(e) During the period a person is required to register under this section, the following
provisions apply:

(1) Except for persons registering under subdivision 3a, the bureau shall mail a
verification form to the person's last reported primary address. This verification form must
provide notice to the offender that, if the offender does not return the verification form as
required, information about the offender may be made available to the public through
electronic, computerized, or other accessible means. For persons who are registered under
subdivision 3a, the bureau shall mail an annual verification form to the law enforcement
authority where the offender most recently reported. The authority shall provide the
verification form to the person at the next weekly meeting and ensure that the person
completes and signs the form and returns it to the bureau. Notice is sufficient under this
paragraph, if the verification form is sent by first class mail to the person's last reported
primary address, or for persons registered under subdivision 3a, to the law enforcement
authority where the offender most recently reported.

(2) The person shall mail the signed verification form back to the bureau within ten days
after receipt of the form, stating on the form the current and last address of the person's
residence and the other information required under subdivision 4a.

(3) In addition to the requirements listed in this section, an offender who is no longer
under correctional supervision for a registration offense, or a failure to register offense, but
who resides, works, or attends school in Minnesota, shall have an in-person contact with a
law enforcement authority as provided in this section. If the person resides in Minnesota,
the in-person contact shall be with the law enforcement authority that has jurisdiction over
the person's primary address or, if the person has no address, the location where the person
is staying. If the person does not reside in Minnesota but works or attends school in this
state, the person shall have an in-person contact with the law enforcement authority or
authorities with jurisdiction over the person's school or workplace. During the month of the
person's birth date, the person shall report to the authority to verify the accuracy of the
registration information and to be photographed. Within three days of this contact, the
authority shall enter information as required by the bureau into the predatory offender
registration database and submit an updated photograph of the person to the bureau's
predatory offender registration unit.

(4) If the person fails to mail the completed and signed verification form to the bureau
within ten days after receipt of the form, or if the person fails to report to the law enforcement
authority during the month of the person's birth date, the person is in violation of this section.

(5) For any person who fails to mail the completed and signed verification form to the
bureau within ten days after receipt of the form and who has been determined to be a risk
level III offender under section 244.052, the bureau shall immediately investigate and notify
local law enforcement authorities to investigate the person's location and to ensure compliance
with this section. The bureau also shall immediately give notice of the person's violation of
this section to the law enforcement authority having jurisdiction over the person's last
registered address or addresses.

new text begin (6) In addition to the requirements listed in this section, a person who is assigned to risk
level II or III under section 244.052 shall not access an augmented reality game that permits
persons under the age of 18 to access the game.
new text end

For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of
another state or the United States, the bureau shall comply with clause (1) at least four times
each year. For persons who, under section 244.052, are assigned to risk level III and who
are no longer under correctional supervision for a registration offense or a failure to register
offense, the bureau shall comply with clause (1) at least two times each year. For all other
persons required to register under this section, the bureau shall comply with clause (1) each
year within 30 days of the anniversary date of the person's initial registration.

(f) When sending out a verification form, the bureau shall determine whether the person
to whom the verification form is being sent has signed a written consent form as provided
for in paragraph (a). If the person has not signed such a consent form, the bureau shall send
a written consent form to the person along with the verification form. A person who receives
this written consent form shall sign and return it to the bureau at the same time as the
verification form.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to predatory
offenders who are required to register before, on, or after that date.
new text end

Sec. 3.

Minnesota Statutes 2016, section 244.05, subdivision 6, is amended to read:

Subd. 6.

Intensive supervised release.

(a) The commissioner may order that an inmate
be placed on intensive supervised release for all or part of the inmate's supervised release
or parole term if the commissioner determines that the action will further the goals described
in section 244.14, subdivision 1, clauses (2), (3), and (4). In addition, the commissioner
may order that an inmate be placed on intensive supervised release for all of the inmate's
conditional or supervised release term if the inmate was convicted of a sex offense under
section 609.342, 609.343, 609.344, 609.345, or 609.3453 or was sentenced under the
provisions of section 609.3455, subdivision 3a. The commissioner shall order that all level
III predatory offenders be placed on intensive supervised release for the entire supervised
release, conditional release, or parole term.

(b) The commissioner may impose appropriate conditions of release on the inmate
including but not limited to unannounced searches of the inmate's person, vehicle, premises,
computer, or other electronic devices capable of accessing the Internet by an intensive
supervision agent; compliance with court-ordered restitution, if any; random drug testing;
house arrest; daily curfews; frequent face-to-face contacts with an assigned intensive
supervision agent; work, education, or treatment requirements; and electronic surveillance.
In addition, any sex offender placed on intensive supervised release may be ordered to
participate in an appropriate sex offender program as a condition of release.

(c) As a condition of release for an inmate required to register under section 243.166
who is placed on intensive supervised release under this subdivision, the commissioner shall
prohibit the inmate from new text begin : (1) accessing an augmented reality game as defined in section
243.166 that permits persons under the age of 18 to access the game, or (2) new text end accessing,
creating, or maintaining a personal Web page, profile, account, password, or user name for:
deleted text begin (1) deleted text end new text begin (i) new text end a social networking Web site, or deleted text begin (2) deleted text end new text begin (ii) new text end an instant messaging or chat room program,
which permits persons under the age of 18 to become a member or to create or maintain a
personal Web page. An intensive supervised release agent may modify the prohibition
described in this paragraph if doing so does not jeopardize public safety and the modification
is specifically described and agreed to in advance by the agent.

(d) If the inmate violates the conditions of the intensive supervised release, the
commissioner shall impose sanctions as provided in subdivision 3 and section 609.3455.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to predatory
offenders who are required to register before, on, or after that date.
new text end