HF 3578

as introduced - 90th Legislature (2017 - 2018) Posted on 03/26/2018 04:31pm

A bill for an act
relating to public safety; amending various provisions related to predatory offender
registration; amending Minnesota Statutes 2016, sections 171.07, subdivision 1a;
243.166, subdivisions 1a, 1b, 2, 4, 4a, 4c, 5, 6, 7, 7a, by adding a subdivision;
299C.093.

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

Section 1.

Minnesota Statutes 2016, section 171.07, subdivision 1a, is amended to read:

Subd. 1a.

Filing photograph or image; data classification.

The department shall file,
or contract to file, all photographs or electronically produced images obtained in the process
of issuing drivers' licenses or Minnesota identification cards. The photographs or
electronically produced images shall be private data pursuant to section 13.02, subdivision
12. Notwithstanding section 13.04, subdivision 3, the department shall not be required to
provide copies of photographs or electronically produced images to data subjects. The use
of the files is restricted:

(1) to the issuance and control of drivers' licenses;

(2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the
investigation and prosecution of crimes, service of process, enforcement of no contact
orders, location of missing persons, investigation and preparation of cases for criminal,
juvenile, and traffic court, new text begin location of individuals required to register under section 243.166
or 243.167, new text end and supervision of offenders;

(3) to public defenders, as defined in section 611.272, for the investigation and preparation
of cases for criminal, juvenile, and traffic courts;

(4) to child support enforcement purposes under section 256.978; and

(5) to a county medical examiner or coroner as required by section 390.005 as necessary
to fulfill the duties under sections 390.11 and 390.25.

Sec. 2.

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.

(b) "Bureau" means the Bureau of Criminal Apprehension.

(c) "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.

(d) "Incarceration" and "confinement" do not include electronic home monitoring.

(e) "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.

(f) "Motor vehicle" has the meaning given in section 169.011, subdivision 92.

(g) "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.

(h) "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.

(i) "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.

(j) new text begin "Social media" means any electronic medium, including an interactive computer
service, telephone network, or data network, that allows users to create, share, and view
user-generated content.
new 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.

new text begin (l) "Watercraft" has the meaning given in section 86B.005, subdivision 18.
new text end

deleted text begin (k) deleted text end new text begin (m) 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.

Sec. 3.

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

Subd. 1b.

Registration required.

(a) A person shall register under this section if:

(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:

(i) murder under section 609.185, paragraph (a), clause (2);

(ii) kidnapping under section 609.25;

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3; or 609.3453; or

(iv) indecent exposure under section 617.23, subdivision 3;

(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit new text begin :
new text end

new text begin (i) new text end criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);

new text begin (ii) new text end false imprisonment in violation of section 609.255, subdivision 2;

new text begin (iii) new text end solicitation, inducement, or promotion of the prostitution of a minor or engaging in
the sex trafficking of a minor in violation of section 609.322;

new text begin (iv) new text end a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);

new text begin (v) new text end soliciting a minor to engage in sexual conduct in violation of section 609.352,
subdivision 2 or 2a, clause (1);

new text begin (vi) new text end using a minor in a sexual performance in violation of section 617.246; deleted text begin or
deleted text end

new text begin (vii) new text end possessing pornographic work involving a minor in violation of section 617.247 deleted text begin , deleted text end new text begin ;
or
new text end

new text begin (viii) nonconsensual dissemination of private sexual images in violation of section
617.261; new text end and

convicted of or adjudicated delinquent for that offense or another offense arising out of the
same set of circumstances;

(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; or

(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to the offenses described in clause (1), (2), or (3), new text begin or violations of United States Code, title
18, section 1801, 2423, or 2425, new text end and convicted of or adjudicated delinquent for that offense
or another offense arising out of the same set of circumstances.

(b) A person also shall register under this section if:

(1) the person was charged with or petitioned for an offense in another state that would
be a violation of a law described in paragraph (a) if committed in this state and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances;

(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer; and

(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state in which the person has been convicted or adjudicated,
or is subject to lifetime registration.

If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period
regardless of when the person was released from confinement, convicted, or adjudicated
delinquent.

(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order 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, regardless of whether the person was convicted of any offense.

(d) A person also shall register under this section if:

(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned for a violation of any of the
offenses listed in paragraph (a), clause (2), or a similar law of another state or the United
States;

(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and

(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.

Sec. 4.

Minnesota Statutes 2016, section 243.166, subdivision 2, is amended to read:

Subd. 2.

Notice.

When a person who is required to register under subdivision 1b,
paragraph (a), is sentenced or becomes subject to a juvenile court disposition order, the
court shall tell the person of the duty to register under this section and that, if the person
fails to comply with the registration requirements, information about the offender may be
made available to the public through electronic, computerized, or other accessible means.
The court may not modify the person's duty to register in the pronounced sentence or
disposition order. The court shall require the person to read and sign a form stating that the
duty of the person to register under this section has been explained. The court shall forward
the signed deleted text begin sex offender registration deleted text end new text begin court notification new text end form, the complaint, and sentencing
documents to the bureau. If a person required to register under subdivision 1b, paragraph
(a), was not notified by the court of the registration requirement at the time of sentencing
or disposition, the assigned corrections agent shall notify the person of the requirements of
this section. new text begin If a person does not have a corrections agent, the local law enforcement authority
with jurisdiction over the person's primary address shall notify the person of the requirements. new text end
When a person who is required to register under subdivision 1b, paragraph (c) or (d), is
released from commitment, the treatment facility shall notify the person of the requirements
of this section. The treatment facility shall also obtain the registration information required
under this section and forward it to the bureau.

Sec. 5.

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, new text begin biological specimen for DNA
analysis as defined under section 299C.155, subdivision 1, new text end 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 deleted text begin send one copy to deleted text end new text begin notify new text end 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 deleted text begin ten deleted text end new text begin 15 new text end
days deleted text begin after receipt deleted text end of the new text begin date on the new text end 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 deleted text begin ten deleted text end new text begin 15 new text end days deleted text begin after receipt deleted text end of the new text begin date on the new text end 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 deleted text begin ten deleted text end new text begin 15 new text end days deleted text begin after receipt deleted text end of the new text begin date on the new text end 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 new text begin primary new text end address deleted text begin or addresses deleted text end .

new text begin (6) A corrections agent or law enforcement authority may determine whether the person
is at their primary address, secondary address, school or work location, if any, or the accuracy
of any other information required under subdivision 4a or 4d at a time and frequency chosen
by the agent or authority. A law enforcement authority may make this determination on any
person whose primary address, secondary address, or school or work location, if any, is
within the authority's jurisdiction, regardless of the assignment of a corrections agent.
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 (g) For persons registered under this section on the effective date of this section, each
person, on or before one year from that date, must provide a biological specimen for the
purpose of DNA analysis to the probation agency or law enforcement agency where that
person is registered. A person who provides or has provided a biological specimen for the
purpose of DNA analysis under chapter 299C or section 609.117 meets the requirements
of this paragraph.
new text end

Sec. 6.

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

Subd. 4a.

Information required to be provided.

(a) A person required to register under
this section shall provide to the corrections agent or law enforcement authority the following
information:

(1) the person's primary address;

(2) all of the person's secondary addresses deleted text begin in Minnesota deleted text end , including all addresses used
for residential or recreational purposes;

(3) the addresses of all Minnesota property owned, leased, or rented by the person;

(4) the addresses of all locations where the person is employed;

(5) the addresses of all schools where the person is enrolled; deleted text begin and
deleted text end

(6) the year, model, make, license plate number, and color of all motor vehicles owned
or regularly driven by the person deleted text begin . deleted text end new text begin ;
new text end

new text begin (7) the expiration year for the motor vehicle license plate tabs of all motor vehicles
owned by the person;
new text end

new text begin (8) the person's driver's license or government identification number and state of issue;
new text end

new text begin (9) the year, model, make, and registration number for all watercraft owned or regularly
operated by the person;
new text end

new text begin (10) the person's Social Security number as required by United States Code, title 42,
section 16914;
new text end

new text begin (11) all of the person's electronic mail addresses, instant messaging addresses, and social
media accounts;
new text end

new text begin (12) all telephone numbers including work, school, and home and any cellular telephone
service;
new text end

new text begin (13) the person's passport number and country of issue, if any; and
new text end

new text begin (14) the person's professional license number, if any, and the issuing organization.
new text end

(b) The person shall report to the agent or authority the information required to be
provided under paragraph (a), clauses (2) to deleted text begin (6) deleted text end new text begin (14) new text end , within five days of the date the clause
becomes applicable. If because of a change in circumstances any information reported under
paragraph (a), clauses (1) to deleted text begin (6) deleted text end new text begin (14) new text end , no longer applies, the person shall immediately inform
the agent or authority that the information is no longer valid. If the person leaves a primary
address and does not have a new primary address, the person shall register as provided in
subdivision 3a.

Sec. 7.

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

Subd. 4c.

Notices in writing; signed.

All notices required by this section must be in
writing and signed by the person required to register. new text begin For purposes of this section, a signature
may be in ink on paper, by an electronic method established by the bureau, or by use of a
biometric for the person. If a biometric is used, the person must provide a sample that is
forwarded to the bureau so that it can be maintained for comparison purposes to verify the
person's identity.
new text end

Sec. 8.

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

new text begin Subd. 4d. new text end

new text begin Travel. new text end

new text begin (a) A person required to register under this section who intends to
travel outside the boundaries of the United States must notify the person's corrections agent
or the law enforcement authority with jurisdiction over the person's primary address of the
travel plans. The person must provide:
new text end

new text begin (i) anticipated departure date;
new text end

new text begin (ii) place of departure;
new text end

new text begin (iii) place of arrival or return;
new text end

new text begin (iv) carrier and flight numbers for air travel;
new text end

new text begin (v) destination country and address or other contact information;
new text end

new text begin (vi) means and purpose of travel;
new text end

new text begin (vii) visa information, if any; and
new text end

new text begin (viii) any other itinerary information requested by the corrections agent or law
enforcement authority.
new text end

new text begin The notice must be provided at least 21 calendar days before the departure date and forwarded
to the bureau within one business day of receipt. If it is not possible to give 21 calendar
days' notice due to an emergency or a work assignment, the person is required to notify the
corrections agent or the law enforcement authority with jurisdiction over the person's primary
address as soon as possible prior to departure. If the travel is due to an emergency, the person
must provide a copy of the message conveying the emergency that includes the date and
time sent and the source of the information. If the travel is the result of a work assignment,
the employer must provide the date the employee was informed of the need to travel and
the nature of the work to be performed.
new text end

new text begin (b) The corrections agent or law enforcement authority must forward the notification to
the bureau as soon as possible after receipt. The bureau must forward the international travel
information as required by United States Code, title 42, section 16914.
new text end

Sec. 9.

Minnesota Statutes 2016, section 243.166, subdivision 5, is amended to read:

Subd. 5.

Criminal penalty.

(a) A person required to register under this section who
deleted text begin knowingly deleted text end violates any of its provisions or intentionally provides false information to a
corrections agent, law enforcement authority, or the bureau 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.

(b) Except as provided in paragraph (c), a person convicted of violating paragraph (a)
shall be committed to the custody of the commissioner of corrections for not less than a
year and a day, nor more than five years.

(c) A person convicted of violating paragraph (a), who has previously been convicted
of or adjudicated delinquent for violating this section or a similar statute of another state or
the United States, shall be committed to the custody of the commissioner of corrections for
not less than two years, nor more than five years.

(d) Prior to the time of sentencing, the prosecutor may file a motion to have the person
sentenced without regard to the mandatory minimum sentence established by this subdivision.
The motion must be accompanied by a statement on the record of the reasons for it. When
presented with the motion, or on its own motion, the court may sentence the person without
regard to the mandatory minimum sentence if the court finds substantial and compelling
reasons to do so. Sentencing a person in the manner described in this paragraph is a departure
from the Sentencing Guidelines.

(e) A person convicted and sentenced as required by this subdivision is not eligible for
probation, parole, discharge, work release, conditional release, or supervised release, until
that person has served the full term of imprisonment as provided by law, notwithstanding
the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.

Sec. 10.

Minnesota Statutes 2016, section 243.166, subdivision 6, is amended to read:

Subd. 6.

Registration period.

(a) Notwithstanding the provisions of section 609.165,
subdivision 1, and except as provided in paragraphs (b), (c), and (d), a person required to
register under this section shall continue to comply with this section until ten years have
elapsed since the person initially registered in connection with the offense, or until the
probation, supervised release, or conditional release period expires, whichever occurs later.
For a person required to register under this section who is committed under section 253B.18,
Minnesota Statutes 2012, section 253B.185, or chapter 253D, the ten-year registration period
does not include the period of commitment.

(b) If a person required to register under this section fails to provide the person's primary
address as required by subdivision 3, paragraph (b), fails to comply with the requirements
of subdivision 3a, fails to provide information as required by subdivision 4a, deleted text begin or deleted text end fails to
return the verification form referenced in subdivision 4 within deleted text begin ten deleted text end new text begin 15 new text end days new text begin , or fails to provide
the travel information required by subdivision 4d and is convicted under subdivision 5 new text end , the
commissioner of public safety shall require the person to continue to register for an additional
period of five years. This five-year period is added to the end of the offender's registration
period. new text begin In addition, if the person is not in compliance at the end of the registration period,
the commissioner shall require the person to continue to register for an additional period of
two years.
new text end

(c) If a person required to register under this section is incarcerated due to a conviction
for a new offense or following a revocation of probation, supervised release, or conditional
release for any offense, the person shall continue to register until ten years have elapsed
since the person was last released from incarceration or until the person's probation,
supervised release, or conditional release period expires, whichever occurs later.

(d) A person shall continue to comply with this section for the life of that person:

(1) if the person is convicted of or adjudicated delinquent for any offense for which
registration is required under subdivision 1b, or any offense from another state or any federal
offense similar to the offenses described in subdivision 1b, and the person has a prior
conviction or adjudication for an offense for which registration was or would have been
required under subdivision 1b, or an offense from another state or a federal offense similar
to an offense described in subdivision 1b;

(2) if the person is required to register based upon a conviction or delinquency
adjudication for an offense under section 609.185, paragraph (a), clause (2), or a similar
statute from another state or the United States;

(3) if the person is required to register based upon a conviction for an offense under
section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g);
or 609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another state or the
United States similar to the offenses described in this clause; or

(4) if the person is 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.

(e) A person described in subdivision 1b, paragraph (b), who is required to register under
the laws of a state in which the person has been previously convicted or adjudicated
delinquent, shall register under this section for the time period required by the state of
conviction or adjudication unless a longer time period is required elsewhere in this section.

Sec. 11.

Minnesota Statutes 2016, section 243.166, subdivision 7, is amended to read:

Subd. 7.

Use of data.

(a) Except as otherwise provided in subdivision 7a or sections
244.052 and 299C.093, the data provided under this section is private data on individuals
under section 13.02, subdivision 12.

(b) The data may be used only by law enforcement and corrections agencies for law
enforcement and corrections purposes. Law enforcement new text begin or a corrections agent new text end may disclose
the status of an individual as a predatory offender to a child protection worker with a local
welfare agency for purposes of doing a family assessment under section 626.556. new text begin A
corrections agent may also disclose the status of an individual as a predatory offender to
comply with section 244.057.
new text end

(c) The commissioner of human services is authorized to have access to the data for:

(1) state-operated services, as defined in section 246.014, for the purposes described in
section 246.13, subdivision 2, paragraph (b); and

(2) purposes of completing background studies under chapter 245C.

Sec. 12.

Minnesota Statutes 2016, section 243.166, subdivision 7a, is amended to read:

Subd. 7a.

Availability of information on offenders who are out of compliance with
registration law.

(a) The bureau may make information available to the public about
offenders who are 16 years of age or older and who are out of compliance with this section
for 30 days or longer for failure to provide the offenders' primary or secondary addresses new text begin ,
for failure to return a verification form, or who have absconded new text end . This information may be
made available to the public through electronic, computerized, or other accessible means.
The amount and type of information made available is limited to the information necessary
for the public to assist law enforcement in locating the offender.

(b) An offender who comes into compliance with this section after the bureau discloses
information about the offender to the public may send a written request to the bureau
requesting the bureau to treat information about the offender as private data, consistent with
subdivision 7. The bureau shall review the request and promptly take reasonable action to
treat the data as private, if the offender has complied with the requirement that the offender
provide the offender's primary and secondary addresses new text begin , has returned the verification form
or has returned to the primary address new text end , or promptly notify the offender that the information
will continue to be treated as public information and the reasons for the bureau's decision.

(c) If an offender believes the information made public about the offender is inaccurate
or incomplete, the offender may challenge the data under section 13.04, subdivision 4.

(d) The bureau is immune from any civil or criminal liability that might otherwise arise,
based on the accuracy or completeness of any information made public under this subdivision,
if the bureau acts in good faith.

Sec. 13.

Minnesota Statutes 2016, section 299C.093, is amended to read:

299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.

The superintendent of the Bureau of Criminal Apprehension shall maintain a
computerized data system relating to individuals required to register as predatory offenders
under section 243.166. To the degree feasible, the system must include the data required to
be provided under section 243.166, subdivisions 4 deleted text begin and deleted text end new text begin , new text end 4a new text begin , and 4d new text end , and indicate the time
period that the person is required to register. The superintendent shall maintain this data in
a manner that ensures that it is readily available to law enforcement agencies. This data is
private data on individuals under section 13.02, subdivision 12, but may be used for law
enforcement and corrections purposes. Law enforcement new text begin or a corrections agent new text end may disclose
the status of an individual as a predatory offender to a child protection worker with a local
welfare agency for purposes of doing a family assessment under section 626.556. new text begin A
corrections agent may also disclose the status of an individual as a predatory offender to
comply with section 244.057. new text end The commissioner of human services has access to the data
for state-operated services, as defined in section 246.014, for the purposes described in
section 246.13, subdivision 2, paragraph (b), and for purposes of conducting background
studies under chapter 245C.