1.1 A bill for an act
1.2 relating to crime prevention; making numerous changes
1.3 to the predatory offender registration law including
1.4 lengthening the registration period for certain
1.5 offenders, requiring additional offenders to register,
1.6 requiring that additional information be reported,
1.7 authorizing disclosure of information about offenders,
1.8 and increasing the criminal penalty for predatory
1.9 offenders who fail to comply with the law and imposing
1.10 a mandatory minimum prison sentence on those
1.11 offenders; requiring the bureau of criminal
1.12 apprehension to maintain a computerized database for
1.13 predatory offenders; expanding and clarifying the
1.14 scope of the community notification law; requiring
1.15 that certain information regarding level III predatory
1.16 offenders be posted on the Internet; placing
1.17 restrictions on persons with felony convictions who
1.18 are seeking name changes; clarifying that harassment
1.19 crimes prohibit harassment by electronic means;
1.20 modifying the expungement law; expanding the
1.21 solicitation of a child to engage in sexual conduct
1.22 crime; authorizing the prosecution of certain sex
1.23 offenses in the jurisdiction where they originate or
1.24 terminate; eliminating the statute of limitations for
1.25 certain offenses; making certain data about sex
1.26 offenders available to law enforcement; changing the
1.27 membership of the criminal and juvenile justice
1.28 information policy group; authorizing the purchase and
1.29 distribution of criminal justice technology
1.30 infrastructure improvements; increasing the
1.31 presumptive sentence for first degree criminal sexual
1.32 conduct; requiring reports; imposing criminal
1.33 penalties; appropriating money; amending Minnesota
1.34 Statutes 1998, sections 13.54, subdivision 6; 243.166,
1.35 subdivisions 3, 5, 7, and by adding subdivisions;
1.36 244.052, as amended; 244.10, subdivision 2a; 259.11;
1.37 299C.65, subdivision 1, and by adding a subdivision;
1.38 517.08, subdivisions 1a and 1b; 518.27; 609.035, by
1.39 adding a subdivision; 609.342, subdivision 2; 609.352,
1.40 subdivisions 1 and 2; 609.749, subdivision 2; 609.795,
1.41 subdivision 1; 609A.03; and 628.26; Minnesota Statutes
1.42 1999 Supplement, sections 13.46, subdivision 2;
1.43 243.166, subdivisions 1, 2, 4, and 6; and 299C.65,
1.44 subdivisions 2 and 8; proposing coding for new law in
1.45 Minnesota Statutes, chapters 176; 243; 259; 299C; and
1.46 609.
2.1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.2 ARTICLE 1
2.3 APPROPRIATIONS
2.4 Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.]
2.5 The sums shown in the columns marked "APPROPRIATIONS" are
2.6 appropriated from the general fund, or another fund named, to
2.7 the agencies and for the purposes specified in this article to
2.8 be available for fiscal year 2001.
2.9 APPROPRIATIONS
2.10 Available for the Year
2.11 Ending June 30, 2001
2.12 Sec. 2. CORRECTIONS -0- $5,162,000
2.13 $1,000,000 is to increase the number of
2.14 probation officers managing intensive
2.15 supervised release caseloads. The
2.16 commissioner shall distribute these
2.17 funds proportionately based on current
2.18 unmet needs including areas of the
2.19 state that are not currently served by
2.20 an intensive supervised release
2.21 caseload.
2.22 $4,000,000 is for enhanced supervision
2.23 of adult felony sex offenders by
2.24 employing additional probation officers
2.25 to reduce the caseloads of probation
2.26 officers supervising sex offenders on
2.27 probation or supervised release. The
2.28 commissioner shall determine statewide
2.29 eligibility for these funds according
2.30 to the formula contained in Minnesota
2.31 Statutes, section 401.10. Each
2.32 Community Corrections Act jurisdiction
2.33 and the department's probation and
2.34 supervised release unit shall submit to
2.35 the commissioner an analysis of need
2.36 along with a plan to meet these needs
2.37 and reduce adult felony sex offender
2.38 caseloads. Upon approval of the plans,
2.39 the non-Community Corrections Act
2.40 portion of these funds shall be
2.41 appropriated to the department and the
2.42 distribution shall be based on
2.43 statewide need. The Community
2.44 Corrections Act funds shall be
2.45 disbursed as grants to each Community
2.46 Corrections Act jurisdiction. These
2.47 appropriations may not be used to
2.48 supplant existing state or county
2.49 probation officer positions.
2.50 $162,000 is for costs associated with
2.51 complying with Minnesota Statutes,
2.52 section 244.052.
2.53 Sec. 3. PUBLIC SAFETY 9,659,000
2.54 Subdivision 1. General
2.55 $7,388,000 is for criminal justice
2.56 technology infrastructure improvements
3.1 under Minnesota Statutes, section
3.2 299C.65, subdivision 8a, for the
3.3 purchase and distribution of:
3.4 (1) electronic fingerprint capture
3.5 technology;
3.6 (2) electronic photographic
3.7 identification technology; and
3.8 (3) additional bandwidth to transfer
3.9 and access electronic photographic
3.10 identification data and electronic
3.11 fingerprint data to the state's central
3.12 database.
3.13 Upon approval of the policy group, the
3.14 commissioner may use up to 7.5 percent
3.15 of this appropriation to implement this
3.16 subdivision.
3.17 $1,000,000 is for grants to government
3.18 agencies to transfer and access data
3.19 from the agencies to the statewide hot
3.20 file probation and pretrial release
3.21 data system. The criminal and juvenile
3.22 justice information policy group shall
3.23 review grant applications and the
3.24 commissioner shall make the grants
3.25 approved by the policy group within the
3.26 limits of the appropriation. Up to
3.27 $200,000 of this appropriation may be
3.28 used for grants to pay the costs of
3.29 developing or implementing a criminal
3.30 justice information integration plan as
3.31 described in Minnesota Statutes,
3.32 section 299C.65, subdivisions 5, 6, and
3.33 7.
3.34 The appropriations in this subdivision
3.35 are not subject to the requirements of
3.36 Minnesota Statutes, section 299C.65,
3.37 subdivision 8.
3.38 Subd. 2. Criminal Apprehension
3.39 $80,000 is for a technology systems
3.40 position.
3.41 $50,000 is for a criminal justice
3.42 information systems training position.
3.43 $234,000 is for three additional
3.44 criminal assessment unit agents.
3.45 $160,000 is for three criminal
3.46 intelligence analyst positions.
3.47 $200,000 is for five clerical positions.
3.48 $547,000 is for costs related to
3.49 interfacing the state system with the
3.50 national sex offender registry,
3.51 software development and
3.52 implementation, a system design
3.53 consultant, office supplies and
3.54 expenses, and sex offender registration
3.55 costs. Positions funded by this
3.56 appropriation may not supplant existing
3.57 services.
4.1 The superintendent of the bureau of
4.2 criminal apprehension shall transfer
4.3 two agents from the gang strike force
4.4 to perform general investigative duties
4.5 within the bureau, decreasing the gang
4.6 strike force's complement by two
4.7 positions.
4.8 Sec. 4. SENTENCING GUIDELINES
4.9 COMMISSION 100,000
4.10 This appropriation is to establish a
4.11 pilot project in Ramsey county to use
4.12 the statewide statute table to ensure
4.13 accurate and uniform charging on
4.14 criminal complaints.
4.15 Sec. 5. SUPREME COURT 3,512,000
4.16 This appropriation is to begin
4.17 redevelopment of the court information
4.18 system to be used by all counties to
4.19 integrate court information with other
4.20 criminal justice information. This
4.21 money may not be used by the supreme
4.22 court for any other purpose.
4.23 ARTICLE 2
4.24 PREDATORY OFFENDER REGISTRATION AND
4.25 COMMUNITY NOTIFICATION PROVISIONS
4.26 Section 1. Minnesota Statutes 1999 Supplement, section
4.27 243.166, subdivision 1, is amended to read:
4.28 Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall
4.29 register under this section if:
4.30 (1) the person was charged with or petitioned for a felony
4.31 violation of or attempt to violate any of the following, and
4.32 convicted of or adjudicated delinquent for that offense or
4.33 another offense arising out of the same set of circumstances:
4.34 (i) murder under section 609.185, clause (2); or
4.35 (ii) kidnapping under section 609.25; or
4.36 (iii) criminal sexual conduct under section 609.342;
4.37 609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
4.38 (iv) indecent exposure under section 617.23, subdivision 3;
4.39 or
4.40 (2) the person was charged with or petitioned for falsely
4.41 imprisoning a minor in violation of section 609.255, subdivision
4.42 2; soliciting a minor to engage in prostitution in violation of
4.43 section 609.322 or 609.324; soliciting a minor to engage in
4.44 sexual conduct in violation of section 609.352; using a minor in
5.1 a sexual performance in violation of section 617.246; or
5.2 possessing pictorial representations of minors in violation of
5.3 section 617.247, and convicted of or adjudicated delinquent for
5.4 that offense or another offense arising out of the same set of
5.5 circumstances; or
5.6 (3) the person was convicted of a predatory crime as
5.7 defined in section 609.108, and the offender was sentenced as a
5.8 patterned sex offender or the court found on its own motion or
5.9 that of the prosecutor that the crime was part of a predatory
5.10 pattern of behavior that had criminal sexual conduct as its
5.11 goal; or
5.12 (4) the person was convicted of or adjudicated delinquent
5.13 for, including pursuant to a court martial, violating a law of
5.14 the United States, including the Uniform Code of Military
5.15 Justice, similar to the offenses described in clause (1), (2),
5.16 or (3).
5.17 (b) A person also shall register under this section if:
5.18 (1) the person was convicted of or adjudicated delinquent
5.19 in another state for an offense that would be a violation of a
5.20 law described in paragraph (a) if committed in this state;
5.21 (2) the person enters the state as required in subdivision
5.22 3, paragraph (b) to reside, or to work or attend school; and
5.23 (3) ten years have not elapsed since the person was
5.24 released from confinement or, if the person was not confined,
5.25 since the person was convicted of or adjudicated delinquent for
5.26 the offense that triggers registration.
5.27 For purposes of this paragraph:
5.28 (i) "school" includes any public or private educational
5.29 institution, including any secondary school, trade or
5.30 professional institution, or institution of higher education,
5.31 that the person is enrolled in on a full-time or part-time
5.32 basis; and
5.33 (ii) "work" includes employment that is full-time or
5.34 part-time for a period of time exceeding 14 days or for an
5.35 aggregate period of time exceeding 30 days during any calendar
5.36 year, whether financially compensated, volunteered, or for the
6.1 purpose of government or educational benefit.
6.2 (c) A person also shall register under this section if the
6.3 person was committed pursuant to a court commitment order under
6.4 section 253B.185 or Minnesota Statutes 1992, section 526.10, or
6.5 a similar law of another state or the United States, regardless
6.6 of whether the person was convicted of any offense.
6.7 (d) A person also shall register under this section if:
6.8 (1) the person was charged with or petitioned for a felony
6.9 violation or attempt to violate any of the offenses listed in
6.10 paragraph (a), clause (1), or a similar law of another state or
6.11 federal jurisdiction the United States, or the person was
6.12 charged with or petitioned for a violation of any of the
6.13 offenses listed in paragraph (a), clause (2), or a similar law
6.14 of another state or federal jurisdiction the United States;
6.15 (2) the person was found not guilty by reason of mental
6.16 illness or mental deficiency after a trial for that offense, or
6.17 found guilty but mentally ill after a trial for that offense, in
6.18 states with a guilty but mentally ill verdict; and
6.19 (3) the person was committed pursuant to a court commitment
6.20 order under section 253B.18 or a similar law of another state or
6.21 federal jurisdiction the United States.
6.22 Sec. 2. Minnesota Statutes 1999 Supplement, section
6.23 243.166, subdivision 2, is amended to read:
6.24 Subd. 2. [NOTICE.] When a person who is required to
6.25 register under subdivision 1, paragraph (a), is sentenced or
6.26 becomes subject to a juvenile court disposition order, the court
6.27 shall tell the person of the duty to register under this section
6.28 and that, if the person fails to comply with the registration
6.29 requirements, information about the offender may be made
6.30 available to the public through electronic, computerized, or
6.31 other accessible means. The court may not modify the person's
6.32 duty to register in the pronounced sentence or disposition
6.33 order. The court shall require the person to read and sign a
6.34 form stating that the duty of the person to register under this
6.35 section has been explained. The court shall forward the signed
6.36 sex offender registration form, the complaint, and sentencing
7.1 documents to the bureau of criminal apprehension. If a person
7.2 required to register under subdivision 1, paragraph (a), was not
7.3 notified by the court of the registration requirement at the
7.4 time of sentencing or disposition, the assigned corrections
7.5 agent shall notify the person of the requirements of this
7.6 section. When a person who is required to register under
7.7 subdivision 1, paragraph (c) or (d), is released from
7.8 commitment, the treatment facility shall notify the person of
7.9 the requirements of this section. The treatment facility shall
7.10 also obtain the registration information required under this
7.11 section and forward it to the bureau of criminal apprehension.
7.12 Sec. 3. Minnesota Statutes 1998, section 243.166,
7.13 subdivision 3, is amended to read:
7.14 Subd. 3. [REGISTRATION PROCEDURE.] (a) A person required
7.15 to register under this section shall register with the
7.16 corrections agent as soon as the agent is assigned to the
7.17 person. If the person does not have an assigned corrections
7.18 agent or is unable to locate the assigned corrections agent, the
7.19 person shall register with the law enforcement agency that has
7.20 jurisdiction in the area of the person's residence.
7.21 (b) At least five days before the person starts living at a
7.22 new address, including living in another state, the person shall
7.23 give written notice of the new living address to the assigned
7.24 corrections agent or to the law enforcement authority with which
7.25 the person currently is registered. If the person will be
7.26 living in a new state and that state has a registration
7.27 requirement, the person shall also give written notice of the
7.28 new address to the designated registration agency in the new
7.29 state. The corrections agent or law enforcement authority
7.30 shall, within two business days after receipt of this
7.31 information, forward it to the bureau of criminal apprehension.
7.32 The bureau of criminal apprehension shall, if it has not already
7.33 been done, notify the law enforcement authority having primary
7.34 jurisdiction in the community where the person will live of the
7.35 new address. If the person is leaving the state, the bureau of
7.36 criminal apprehension shall notify the registration authority in
8.1 the new state of the new address.
8.2 (c) A person required to register under subdivision 1,
8.3 paragraph (b), because the person is working or attending school
8.4 in Minnesota shall register with the law enforcement agency that
8.5 has jurisdiction in the area where the person works or attends
8.6 school. In addition to other information required by this
8.7 section, the person shall provide the address of the school or
8.8 of the location where the person is employed. A person must
8.9 comply with this paragraph within five days of beginning
8.10 employment or school.
8.11 (d) A person required to register under this section who
8.12 works or attends school outside of Minnesota shall register as a
8.13 predatory offender in the state where the person works or
8.14 attends school. The person's corrections agent, or if the
8.15 person does not have an assigned corrections agent, the law
8.16 enforcement authority that has jurisdiction in the area of the
8.17 person's residence shall notify the person of this requirement.
8.18 Sec. 4. Minnesota Statutes 1999 Supplement, section
8.19 243.166, subdivision 4, is amended to read:
8.20 Subd. 4. [CONTENTS OF REGISTRATION.] (a) The registration
8.21 provided to the corrections agent or law enforcement authority,
8.22 must consist of a statement in writing signed by the person,
8.23 giving information required by the bureau of criminal
8.24 apprehension, a fingerprint card, and photograph of the person
8.25 taken at the time of the person's release from incarceration or,
8.26 if the person was not incarcerated, at the time the person
8.27 initially registered under this section. The registration
8.28 information also must include a written consent form signed by
8.29 the person allowing a treatment facility to release information
8.30 to a law enforcement officer about the person's admission to, or
8.31 residence in, a treatment facility. Registration information on
8.32 adults and juveniles may be maintained together notwithstanding
8.33 section 260B.171, subdivision 3.
8.34 (b) For persons required to register under subdivision 1,
8.35 paragraph (c), following commitment pursuant to a court
8.36 commitment under section 253B.185 or a similar law of another
9.1 state or the United States, in addition to other information
9.2 required by this section, the registration provided to the
9.3 corrections agent or law enforcement authority must include the
9.4 person's offense history and documentation of treatment received
9.5 during the person's commitment. This documentation shall be
9.6 limited to a statement of how far the person progressed in
9.7 treatment during commitment.
9.8 (c) Within three days of receipt, the corrections agent or
9.9 law enforcement authority shall forward the statement,
9.10 fingerprint card, and photograph registration information to the
9.11 bureau of criminal apprehension. The bureau shall ascertain
9.12 whether the person has registered with the law enforcement
9.13 authority where the person resides. If the person has not
9.14 registered with the law enforcement authority, the bureau shall
9.15 send one copy to that authority.
9.16 (d) The corrections agent or law enforcement authority may
9.17 require that a person required to register under this section
9.18 appear before the agent or authority to be photographed. The
9.19 agent or authority shall forward the photograph to the bureau of
9.20 criminal apprehension.
9.21 (c) (e) During the period a person is required to register
9.22 under this section, the following shall apply:
9.23 (1) Each year, within 30 days of the anniversary date of
9.24 the person's initial registration, The bureau of criminal
9.25 apprehension shall mail a verification form to the last reported
9.26 address of the person person's residence. This verification
9.27 form shall provide notice to the offender that, if the offender
9.28 does not return the verification form as required, information
9.29 about the offender may be made available to the public through
9.30 electronic, computerized, or other accessible means.
9.31 (2) The person shall mail the signed verification form back
9.32 to the bureau of criminal apprehension within ten days after
9.33 receipt of the form, stating on the form the current and last
9.34 address of the person person's residence and the other
9.35 information required under subdivision 4a.
9.36 (3) If the person fails to mail the completed and signed
10.1 verification form to the bureau of criminal apprehension within
10.2 ten days after receipt of the form, the person shall be in
10.3 violation of this section.
10.4 For persons required to register under subdivision 1, paragraph
10.5 (c), following commitment pursuant to a court commitment under
10.6 section 253B.185 or a similar law of another state or the United
10.7 States, the bureau shall comply with clause (1) at least four
10.8 times each year. For all other persons required to register
10.9 under this section, the bureau shall comply with clause (1) each
10.10 year within 30 days of the anniversary date of the person's
10.11 initial registration.
10.12 (f) When sending out a verification form, the bureau of
10.13 criminal apprehension must determine whether the person to whom
10.14 the verification form is being sent has signed a written consent
10.15 form as provided for in paragraph (a). If the person has not
10.16 signed such a consent form, the bureau of criminal apprehension
10.17 must send a written consent form to the person along with the
10.18 verification form. A person who receives this written consent
10.19 form must sign and return it to the bureau of criminal
10.20 apprehension at the same time as the verification form.
10.21 (g) For the purposes of this subdivision, "treatment
10.22 facility" means a residential facility, as defined in section
10.23 244.052, subdivision 1, and residential chemical dependency
10.24 treatment programs and halfway houses licensed under chapter
10.25 245A, including, but not limited to, those facilities directly
10.26 or indirectly assisted by any department or agency of the United
10.27 States.
10.28 Sec. 5. Minnesota Statutes 1998, section 243.166, is
10.29 amended by adding a subdivision to read:
10.30 Subd. 4a. [INFORMATION REQUIRED TO BE PROVIDED.] (a) A
10.31 person required to register under this section shall provide to
10.32 the corrections agent or law enforcement authority the following
10.33 information:
10.34 (1) the address of the person's primary residence;
10.35 (2) the addresses of all the person's secondary residences,
10.36 including all addresses used for residential or recreational
11.1 purposes;
11.2 (3) the addresses of all property owned, leased, or rented
11.3 by the person;
11.4 (4) the addresses of all locations where the person is
11.5 employed;
11.6 (5) the addresses of all residences where the person
11.7 resides while attending school; and
11.8 (6) the year, model, make, license plate number, and color
11.9 of all motor vehicles owned or regularly driven by the person.
11.10 (b) The person shall report to the agent or authority the
11.11 information required to be provided under paragraph (a), clauses
11.12 (2) to (6), within five days of the date the clause becomes
11.13 applicable. If because of a change in circumstances a clause no
11.14 longer applies to previously reported information, the person
11.15 shall immediately inform the agent or authority that the
11.16 information is no longer valid.
11.17 Sec. 6. Minnesota Statutes 1998, section 243.166,
11.18 subdivision 5, is amended to read:
11.19 Subd. 5. [CRIMINAL PENALTY.] (a) A person required to
11.20 register under this section who knowingly violates any of its
11.21 provisions or intentionally provides false information to a
11.22 corrections agent, law enforcement authority, or the bureau of
11.23 criminal apprehension is guilty of a gross misdemeanor. A
11.24 person convicted of or adjudicated delinquent for violating this
11.25 section who previously has been convicted under this section is
11.26 guilty of a felony and may be sentenced to imprisonment for not
11.27 more than five years or to payment of a fine of not more than
11.28 $10,000, or both.
11.29 (b) Except as provided in paragraph (c), a person convicted
11.30 of violating paragraph (a) shall be committed to the custody of
11.31 the commissioner of corrections for not less than a year and a
11.32 day, nor more than five years.
11.33 (c) A person convicted of violating paragraph (a), who has
11.34 previously been convicted of or adjudicated delinquent for
11.35 violating this section, shall be committed to the custody of the
11.36 commissioner of corrections for not less than two years, nor
12.1 more than five years.
12.2 (d) Prior to the time of sentencing, the prosecutor may
12.3 file a motion to have the person sentenced without regard to the
12.4 mandatory minimum sentence established by this subdivision. The
12.5 motion shall be accompanied by a statement on the record of the
12.6 reasons for it. When presented with the motion, or on its own
12.7 motion, the court may sentence the person without regard to the
12.8 mandatory minimum sentence if the court finds substantial and
12.9 compelling reasons to do so. Sentencing a person in the manner
12.10 described in this paragraph is a departure from the sentencing
12.11 guidelines.
12.12 (e) A person convicted and sentenced as required by this
12.13 subdivision is not eligible for probation, parole, discharge,
12.14 work release, or supervised release, until that person has
12.15 served the full term of imprisonment as provided by law,
12.16 notwithstanding the provisions of sections 241.26, 242.19,
12.17 243.05, 244.04, 609.12, and 609.135.
12.18 Sec. 7. Minnesota Statutes 1999 Supplement, section
12.19 243.166, subdivision 6, is amended to read:
12.20 Subd. 6. [REGISTRATION PERIOD.] (a) Notwithstanding the
12.21 provisions of section 609.165, subdivision 1, and except as
12.22 provided in paragraphs (b), (c), and (d), a person required to
12.23 register under this section shall continue to comply with this
12.24 section until ten years have elapsed since the person initially
12.25 registered in connection with the offense, or until the
12.26 probation, supervised release, or conditional release period
12.27 expires, whichever occurs later. For a person required to
12.28 register under this section who is committed under section
12.29 253B.18 or 253B.185, the ten-year registration period does not
12.30 include the period of commitment.
12.31 (b) If a person required to register under this section
12.32 fails to register following a change in residence, the
12.33 commissioner of public safety may require the person to continue
12.34 to register for an additional period of five years.
12.35 (c) If a person required to register under this section is
12.36 subsequently incarcerated following a revocation of probation,
13.1 supervised release, or conditional release for that offense, or
13.2 a conviction for any new offense, the person shall continue to
13.3 register until ten years have elapsed since the person was last
13.4 released from incarceration or until the person's probation,
13.5 supervised release, or conditional release period expires,
13.6 whichever occurs later.
13.7 (d) A person shall continue to comply with this section for
13.8 the life of that person:
13.9 (1) if the person is convicted of or adjudicated delinquent
13.10 for any offense for which registration is required under
13.11 subdivision 1, or any offense from another state or any federal
13.12 offense similar to the offenses described in subdivision 1, and
13.13 the person has a prior conviction or adjudication for an offense
13.14 for which registration was required under subdivision 1, or an
13.15 offense from another state or a federal offense similar to an
13.16 offense described in subdivision 1;
13.17 (2) if the person is required to register based upon a
13.18 conviction or delinquency adjudication for an offense under
13.19 section 609.185, clause (2); 609.342, subdivision 1, paragraph
13.20 (a), (c), (d), (e), (f), or (h); 609.343, subdivision 1,
13.21 paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision
13.22 1, paragraph (a), (c), or (g); or 609.345, subdivision 1,
13.23 paragraph (a), (c), or (g); or a statute from another state or
13.24 the United States similar to the offenses described in this
13.25 clause; or
13.26 (3) if the person is required to register under subdivision
13.27 1, paragraph (c), following commitment pursuant to a court
13.28 commitment under section 253B.185 or a similar law of another
13.29 state or the United States.
13.30 Sec. 8. Minnesota Statutes 1998, section 243.166,
13.31 subdivision 7, is amended to read:
13.32 Subd. 7. [USE OF INFORMATION.] Except as otherwise
13.33 provided in section subdivision 7a or sections 244.052 and
13.34 299C.093, the information provided under this section is private
13.35 data on individuals under section 13.01 13.02, subdivision 12.
13.36 The information may be used only for law enforcement purposes.
14.1 Sec. 9. Minnesota Statutes 1998, section 243.166, is
14.2 amended by adding a subdivision to read:
14.3 Subd. 7a. [AVAILABILITY OF INFORMATION ON OFFENDERS WHO
14.4 ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The bureau of
14.5 criminal apprehension may make information available to the
14.6 public about offenders who are 16 years of age or older and who
14.7 are out of compliance with this section for 30 days or longer
14.8 for failure to provide the address of the offenders' primary or
14.9 secondary residences. This information may be made available to
14.10 the public through electronic, computerized, or other accessible
14.11 means. The amount and type of information made available shall
14.12 be limited to the information necessary for the public to assist
14.13 law enforcement in locating the offender.
14.14 (b) An offender who comes into compliance with this section
14.15 after the bureau of criminal apprehension discloses information
14.16 about the offender to the public may send a written request to
14.17 the bureau requesting the bureau to treat information about the
14.18 offender as private data, consistent with subdivision 7. The
14.19 bureau shall review the request and promptly take reasonable
14.20 action to treat the data as private, if the offender has
14.21 complied with the requirement that the offender provide the
14.22 addresses of the offender's primary and secondary residences, or
14.23 promptly notify the offender that the information will continue
14.24 to be treated as public information and the reasons for the
14.25 bureau's decision.
14.26 (c) If an offender believes the information made public
14.27 about the offender is inaccurate or incomplete, the offender may
14.28 challenge the data under section 13.04, subdivision 4.
14.29 (d) The bureau of criminal apprehension is immune from any
14.30 civil or criminal liability that might otherwise arise, based on
14.31 the accuracy or completeness of any information made public
14.32 under this subdivision, if the bureau acts in good faith.
14.33 Sec. 10. Minnesota Statutes 1998, section 243.166, is
14.34 amended by adding a subdivision to read:
14.35 Subd. 10. [APPLICATION.] (a) All provisions of this
14.36 section shall apply to a predatory offender convicted of or
15.1 adjudicated delinquent for an offense described in subdivision 1
15.2 that requires registration if the offender is incarcerated or on
15.3 any form of supervision for that offense as of the effective
15.4 date of this subdivision, regardless of the date of the
15.5 predatory offender's conviction or delinquency adjudication.
15.6 (b) Paragraph (a) does not change the obligation of any
15.7 offender to register who began to register under this section
15.8 before the effective date of this subdivision.
15.9 Sec. 11. [243.167] [REGISTRATION UNDER THE PREDATORY
15.10 OFFENDER REGISTRATION LAW FOR OTHER OFFENSES.]
15.11 Subdivision 1. [DEFINITION.] As used in this section,
15.12 "crime against the person" means a violation of any of the
15.13 following: section 609.165; 609.185; 609.19; 609.195; 609.20;
15.14 609.205; 609.221; 609.222; 609.223; 609.224, subdivision 2;
15.15 609.2242, subdivision 2 or 4; 609.235; 609.245, subdivision 1;
15.16 609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision
15.17 1; 609.582, subdivision 1; or 617.23, subdivision 2; or any
15.18 felony-level violation of section 609.229; 609.377; 609.749; or
15.19 624.713.
15.20 Subd. 2. [WHEN REQUIRED.] (a) In addition to the
15.21 requirements of section 243.166, a person also shall register
15.22 under section 243.166 if:
15.23 (1) the person is convicted of a crime against the person;
15.24 and
15.25 (2) the person was previously convicted of or adjudicated
15.26 delinquent for an offense listed in section 243.166, subdivision
15.27 1, paragraph (a), but was not required to register for the
15.28 offense because the registration requirements of that section
15.29 did not apply to the person at the time the offense was
15.30 committed or at the time the person was released from
15.31 imprisonment.
15.32 (b) A person who was previously required to register under
15.33 section 243.166 and who has completed the registration
15.34 requirements of that section shall again register under section
15.35 243.166 if the person commits a crime against the person.
15.36 Sec. 12. Minnesota Statutes 1998, section 244.052, as
16.1 amended by Laws 1999, chapters 86, article 1, section 82; 216,
16.2 article 6, sections 2, 3, 4, and 5; and 233, sections 4 and 5,
16.3 is amended to read:
16.4 244.052 [SEX PREDATORY OFFENDERS; NOTICE.]
16.5 Subdivision 1. [DEFINITIONS.] As used in this section:
16.6 (1) "confinement" means confinement in a state correctional
16.7 facility or a state treatment facility;
16.8 (2) "law enforcement agency" means the law enforcement
16.9 agency having primary jurisdiction over the location where the
16.10 offender expects to reside upon release;
16.11 (3) "residential facility" means a facility that is
16.12 licensed as a residential program, as defined in section
16.13 245A.02, subdivision 14, by the commissioner of human services
16.14 under chapter 245A, or the commissioner of corrections under
16.15 section 241.021, whose staff are trained in the supervision of
16.16 sex offenders; and
16.17 (4) "sex predatory offender" and "offender" mean a person
16.18 who has been:
16.19 (i) convicted of an offense for which registration under
16.20 section 243.166 is required;
16.21 (ii) committed pursuant to a court commitment order under
16.22 section 253B.185 or Minnesota Statutes 1992, section 526.10,
16.23 regardless of whether the person was convicted of any offense;
16.24 or
16.25 (iii) committed pursuant to a court commitment order under
16.26 section 253B.18, under the circumstances described in section
16.27 243.166, subdivision 1, paragraph (d) is required to register as
16.28 a predatory offender under section 243.166. However, the terms
16.29 do not include persons required to register based solely on a
16.30 delinquency adjudication.
16.31 Subd. 2. [RISK ASSESSMENT SCALE.] By January 1, 1997, the
16.32 commissioner of corrections shall develop a risk assessment
16.33 scale which assigns weights to the various risk factors listed
16.34 in subdivision 3, paragraph (g), and specifies the risk level to
16.35 which offenders with various risk assessment scores shall be
16.36 assigned. In developing this scale, the commissioner shall
17.1 consult with county attorneys, treatment professionals, law
17.2 enforcement officials, and probation officers.
17.3 Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The
17.4 commissioner of corrections shall establish and administer
17.5 end-of-confinement review committees at each state correctional
17.6 facility and at each state treatment facility where sex
17.7 predatory offenders are confined. The committees shall assess
17.8 on a case-by-case basis the public risk posed by sex predatory
17.9 offenders who are about to be released from confinement.
17.10 (b) Each committee shall be a standing committee and shall
17.11 consist of the following members appointed by the commissioner:
17.12 (1) the chief executive officer or head of the correctional
17.13 or treatment facility where the offender is currently confined,
17.14 or that person's designee;
17.15 (2) a law enforcement officer;
17.16 (3) a treatment professional who is trained in the
17.17 assessment of sex offenders;
17.18 (4) a caseworker experienced in supervising sex offenders;
17.19 and
17.20 (5) a victim's services professional.
17.21 Members of the committee, other than the facility's chief
17.22 executive officer or head, shall be appointed by the
17.23 commissioner to two-year terms. The chief executive officer or
17.24 head of the facility or designee shall act as chair of the
17.25 committee and shall use the facility's staff, as needed, to
17.26 administer the committee, obtain necessary information from
17.27 outside sources, and prepare risk assessment reports on
17.28 offenders.
17.29 (c) The committee shall have access to the following data
17.30 on a sex predatory offender only for the purposes of its
17.31 assessment and to defend the committee's risk assessment
17.32 determination upon administrative review under this section:
17.33 (1) private medical data under section 13.42 or 144.335, or
17.34 welfare data under section 13.46 that relate to medical
17.35 treatment of the offender;
17.36 (2) private and confidential court services data under
18.1 section 13.84;
18.2 (3) private and confidential corrections data under section
18.3 13.85; and
18.4 (4) private criminal history data under section 13.87.
18.5 Data collected and maintained by the committee under this
18.6 paragraph may not be disclosed outside the committee, except as
18.7 provided under section 13.05, subdivision 3 or 4. The sex
18.8 predatory offender has access to data on the offender collected
18.9 and maintained by the committee, unless the data are
18.10 confidential data received under this paragraph.
18.11 (d)(i) Except as otherwise provided in item (ii), at least
18.12 90 days before a sex predatory offender is to be released from
18.13 confinement, the commissioner of corrections shall convene the
18.14 appropriate end-of-confinement review committee for the purpose
18.15 of assessing the risk presented by the offender and determining
18.16 the risk level to which the offender shall be assigned under
18.17 paragraph (e). The offender and the law enforcement agency that
18.18 was responsible for the charge resulting in confinement shall be
18.19 notified of the time and place of the committee's meeting. The
18.20 offender has a right to be present and be heard at the meeting.
18.21 The law enforcement agency may provide material in writing that
18.22 is relevant to the offender's risk level to the chair of the
18.23 committee. The committee shall use the risk factors described
18.24 in paragraph (g) and the risk assessment scale developed under
18.25 subdivision 2 to determine the offender's risk assessment score
18.26 and risk level. Offenders scheduled for release from
18.27 confinement shall be assessed by the committee established at
18.28 the facility from which the offender is to be released.
18.29 (ii) If an offender is received for confinement in a
18.30 facility with less than 90 days remaining in the offender's term
18.31 of confinement, the offender's risk shall be assessed at the
18.32 first regularly scheduled end of confinement review committee
18.33 that convenes after the appropriate documentation for the risk
18.34 assessment is assembled by the committee. The commissioner
18.35 shall make reasonable efforts to ensure that offender's risk is
18.36 assessed and a risk level is assigned or reassigned at least 30
19.1 days before the offender's release date.
19.2 (e) The committee shall assign to risk level I a sex
19.3 predatory offender whose risk assessment score indicates a low
19.4 risk of reoffense. The committee shall assign to risk level II
19.5 an offender whose risk assessment score indicates a moderate
19.6 risk of reoffense. The committee shall assign to risk level III
19.7 an offender whose risk assessment score indicates a high risk of
19.8 reoffense.
19.9 (f) Before the sex predatory offender is released from
19.10 confinement, the committee shall prepare a risk assessment
19.11 report which specifies the risk level to which the offender has
19.12 been assigned and the reasons underlying the committee's risk
19.13 assessment decision. The committee shall give the report to the
19.14 offender and to the law enforcement agency at least 60 days
19.15 before an offender is released from confinement. If the risk
19.16 assessment is performed under the circumstances described in
19.17 paragraph (d), item (ii), the report shall be given to the
19.18 offender and the law enforcement agency as soon as it is
19.19 available. The committee also shall inform the offender of the
19.20 availability of review under subdivision 6.
19.21 (g) As used in this subdivision, "risk factors" includes,
19.22 but is not limited to, the following factors:
19.23 (1) the seriousness of the offense should the offender
19.24 reoffend. This factor includes consideration of the following:
19.25 (i) the degree of likely force or harm;
19.26 (ii) the degree of likely physical contact; and
19.27 (iii) the age of the likely victim;
19.28 (2) the offender's prior offense history. This factor
19.29 includes consideration of the following:
19.30 (i) the relationship of prior victims to the offender;
19.31 (ii) the number of prior offenses or victims;
19.32 (iii) the duration of the offender's prior offense history;
19.33 (iv) the length of time since the offender's last prior
19.34 offense while the offender was at risk to commit offenses; and
19.35 (v) the offender's prior history of other antisocial acts;
19.36 (3) the offender's characteristics. This factor includes
20.1 consideration of the following:
20.2 (i) the offender's response to prior treatment efforts; and
20.3 (ii) the offender's history of substance abuse;
20.4 (4) the availability of community supports to the offender.
20.5 This factor includes consideration of the following:
20.6 (i) the availability and likelihood that the offender will
20.7 be involved in therapeutic treatment;
20.8 (ii) the availability of residential supports to the
20.9 offender, such as a stable and supervised living arrangement in
20.10 an appropriate location;
20.11 (iii) the offender's familial and social relationships,
20.12 including the nature and length of these relationships and the
20.13 level of support that the offender may receive from these
20.14 persons; and
20.15 (iv) the offender's lack of education or employment
20.16 stability;
20.17 (5) whether the offender has indicated or credible evidence
20.18 in the record indicates that the offender will reoffend if
20.19 released into the community; and
20.20 (6) whether the offender demonstrates a physical condition
20.21 that minimizes the risk of reoffense, including but not limited
20.22 to, advanced age or a debilitating illness or physical condition.
20.23 (h) Upon the request of the law enforcement agency or the
20.24 offender's corrections agent, the commissioner may reconvene the
20.25 end-of-confinement review committee for the purpose of
20.26 reassessing the risk level to which an offender has been
20.27 assigned under paragraph (e). In a request for a reassessment,
20.28 the law enforcement agency which was responsible for the charge
20.29 resulting in confinement or agent shall list the facts and
20.30 circumstances arising after the initial assignment or facts and
20.31 circumstances known to law enforcement or the agent but not
20.32 considered by the committee under paragraph (e) which support
20.33 the request for a reassessment. The request for reassessment
20.34 must occur within 30 days of receipt of the report indicating
20.35 the offender's risk level assignment. Upon review of the
20.36 request, the end-of-confinement review committee may reassign an
21.1 offender to a different risk level. If the offender is
21.2 reassigned to a higher risk level, the offender has the right to
21.3 seek review of the committee's determination under subdivision 6.
21.4 (i) An offender may request the end-of-confinement review
21.5 committee to reassess the offender's assigned risk level after
21.6 two three years have elapsed since the committee's initial risk
21.7 assessment and may renew the request once every two years
21.8 following subsequent denials. In a request for reassessment,
21.9 the offender shall list the facts and circumstances which
21.10 demonstrate that the offender no longer poses the same degree of
21.11 risk to the community. The committee shall follow the process
21.12 outlined in paragraphs (a) to (e), and (g) in the reassessment.
21.13 An offender who is incarcerated may not request a reassessment
21.14 under this paragraph.
21.15 (j) The commissioner shall establish an end-of-confinement
21.16 review committee to assign a risk level to offenders who are
21.17 released from a federal correctional facility in Minnesota or
21.18 another state and who intend to reside in Minnesota, and to
21.19 offenders accepted from another state under a reciprocal
21.20 agreement for parole supervision under the interstate compact
21.21 authorized by section 243.16. The committee shall make
21.22 reasonable efforts to conform to the same timelines as applied
21.23 to Minnesota cases. Offenders accepted from another state under
21.24 a reciprocal agreement for probation supervision are not
21.25 assigned a risk level, but are considered downward dispositional
21.26 departures. The probation or court services officer and law
21.27 enforcement officer shall manage such cases in accordance with
21.28 section 244.10, subdivision 2a. The policies and procedures of
21.29 the committee for federal offenders and interstate compact cases
21.30 must be in accordance with all requirements as set forth in this
21.31 section, unless restrictions caused by the nature of federal or
21.32 interstate transfers prevents such conformance.
21.33 (k) If the committee assigns a sex predatory offender to
21.34 risk level III, the committee shall determine whether residency
21.35 restrictions shall be included in the conditions of the
21.36 offender's release based on the offender's pattern of offending
22.1 behavior.
22.2 Subd. 4. [LAW ENFORCEMENT AGENCY; DISCLOSURE OF
22.3 INFORMATION TO PUBLIC.] (a) The law enforcement agency in the
22.4 area where the sex predatory offender resides, expects to
22.5 reside, is employed, or is regularly found, shall disclose to
22.6 the public any information regarding the offender contained in
22.7 the report forwarded to the agency under subdivision 3,
22.8 paragraph (f), that is relevant and necessary to protect the
22.9 public and to counteract the offender's dangerousness,
22.10 consistent with the guidelines in paragraph (b). The extent of
22.11 the information disclosed and the community to whom disclosure
22.12 is made must relate to the level of danger posed by the
22.13 offender, to the offender's pattern of offending behavior, and
22.14 to the need of community members for information to enhance
22.15 their individual and collective safety.
22.16 (b) The law enforcement agency shall employ the following
22.17 guidelines in determining the scope of disclosure made under
22.18 this subdivision:
22.19 (1) if the offender is assigned to risk level I, the agency
22.20 may maintain information regarding the offender within the
22.21 agency and may disclose it to other law enforcement agencies.
22.22 Additionally, the agency may disclose the information to any
22.23 victims of or witnesses to the offense committed by the
22.24 offender. The agency shall disclose the information to victims
22.25 of the offense committed by the offender who have requested
22.26 disclosure;
22.27 (2) if the offender is assigned to risk level II, the
22.28 agency also may disclose the information to agencies and groups
22.29 that the offender is likely to encounter for the purpose of
22.30 securing those institutions and protecting individuals in their
22.31 care while they are on or near the premises of the institution.
22.32 These agencies and groups include the staff members of public
22.33 and private educational institutions, day care establishments,
22.34 and establishments and organizations that primarily serve
22.35 individuals likely to be victimized by the offender. The agency
22.36 also may disclose the information to individuals the agency
23.1 believes are likely to be victimized by the offender. The
23.2 agency's belief shall be based on the offender's pattern of
23.3 offending or victim preference as documented in the information
23.4 provided by the department of corrections or human services;
23.5 (3) if the offender is assigned to risk level III, the
23.6 agency shall disclose the information to the persons and
23.7 entities described in clauses (1) and (2) and to other members
23.8 of the community whom the offender is likely to encounter,
23.9 unless the law enforcement agency determines that public safety
23.10 would be compromised by the disclosure or that a more limited
23.11 disclosure is necessary to protect the identity of the victim.
23.12 Notwithstanding the assignment of a sex predatory offender
23.13 to risk level II or III, a law enforcement agency may not make
23.14 the disclosures permitted or required by clause (2) or (3), if:
23.15 the offender is placed or resides in a residential facility.
23.16 However, if an offender is placed or resides in a residential
23.17 facility, the offender and the head of the facility shall
23.18 designate the offender's likely residence upon release from the
23.19 facility and the head of the facility shall notify the
23.20 commissioner of corrections or the commissioner of human
23.21 services of the offender's likely residence at least 14 days
23.22 before the offender's scheduled release date. The commissioner
23.23 shall give this information to the law enforcement agency having
23.24 jurisdiction over the offender's likely residence. The head of
23.25 the residential facility also shall notify the commissioner of
23.26 corrections or human services within 48 hours after finalizing
23.27 the offender's approved relocation plan to a permanent
23.28 residence. Within five days after receiving this notification,
23.29 the appropriate commissioner shall give to the appropriate law
23.30 enforcement agency all relevant information the commissioner has
23.31 concerning the offender, including information on the risk
23.32 factors in the offender's history and the risk level to which
23.33 the offender was assigned. After receiving this information,
23.34 the law enforcement agency shall make the disclosures permitted
23.35 or required by clause (2) or (3), as appropriate.
23.36 (c) As used in paragraph (b), clauses (2) and (3), "likely
24.1 to encounter" means that:
24.2 (1) the organizations or community members are in a
24.3 location or in close proximity to a location where the offender
24.4 lives or is employed, or which the offender visits or is likely
24.5 to visit on a regular basis, other than the location of the
24.6 offender's outpatient treatment program; and
24.7 (2) the types of interaction which ordinarily occur at that
24.8 location and other circumstances indicate that contact with the
24.9 offender is reasonably certain.
24.10 (d) A law enforcement agency or official who discloses
24.11 information under this subdivision shall make a good faith
24.12 effort to make the notification within 14 days of receipt of a
24.13 confirmed address from the department of corrections indicating
24.14 that the offender will be, or has been, released from
24.15 confinement, or accepted for supervision, or has moved to a new
24.16 address and will reside at the address indicated. If a change
24.17 occurs in the release plan, this notification provision does not
24.18 require an extension of the release date.
24.19 (e) A law enforcement agency or official who discloses
24.20 information under this subdivision shall not disclose the
24.21 identity or any identifying characteristics of the victims of or
24.22 witnesses to the offender's offenses.
24.23 (f) A law enforcement agency shall continue to disclose
24.24 information on an offender as required by this subdivision for
24.25 as long as the offender is required to register under section
24.26 243.166.
24.27 (g) A law enforcement agency that is disclosing information
24.28 on an offender assigned to risk level III to the public under
24.29 this subdivision shall inform the commissioner of corrections
24.30 what information is being disclosed and forward this information
24.31 to the commissioner within two days of the agency's
24.32 determination. The commissioner shall post this information on
24.33 the Internet as required in subdivision 4b.
24.34 Subd. 4a. [LEVEL III OFFENDERS; LOCATION OF RESIDENCE.]
24.35 When an offender assigned to risk level III is released from
24.36 confinement or a residential facility to reside in the community
25.1 or changes residence while on supervised or conditional release,
25.2 the agency responsible for the offender's supervision shall take
25.3 into consideration the proximity of the offender's residence to
25.4 that of other level III offenders and, to the greatest extent
25.5 feasible, shall mitigate the concentration of level III
25.6 offenders.
25.7 Subd. 4b. [LEVEL III OFFENDERS; MANDATORY POSTING OF
25.8 INFORMATION ON INTERNET.] The commissioner of corrections shall
25.9 create and maintain an Internet Web site and post on the site
25.10 the information about offenders assigned to risk level III
25.11 forwarded by law enforcement agencies under subdivision 4,
25.12 paragraph (g). This information must be updated in a timely
25.13 manner to account for changes in the offender's address and
25.14 maintained for the period of time that the offender remains
25.15 subject to community notification as a level III offender.
25.16 Subd. 5. [RELEVANT INFORMATION PROVIDED TO LAW
25.17 ENFORCEMENT.] At least 60 days before a sex predatory offender
25.18 is released from confinement, the department of corrections or
25.19 the department of human services, in the case of a person who
25.20 was committed under section 253B.185 or Minnesota Statutes 1992,
25.21 section 526.10, shall give to the law enforcement agency that
25.22 investigated the offender's crime of conviction or, where
25.23 relevant, the law enforcement agency having primary jurisdiction
25.24 where the offender was committed, all relevant information that
25.25 the departments have concerning the offender, including
25.26 information on risk factors in the offender's history. Within
25.27 five days after receiving the offender's approved release plan
25.28 from the hearings and release unit, the appropriate department
25.29 shall give to the law enforcement agency having primary
25.30 jurisdiction where the offender plans to reside all relevant
25.31 information the department has concerning the offender,
25.32 including information on risk factors in the offender's history
25.33 and the risk level to which the offender was assigned. If the
25.34 offender's risk level was assigned under the circumstances
25.35 described in subdivision 3, paragraph (d), item (ii), the
25.36 appropriate department shall give the law enforcement agency all
26.1 relevant information that the department has concerning the
26.2 offender, including information on the risk factors in the
26.3 offender's history and the offender's risk level within five
26.4 days of the risk level assignment or reassignment.
26.5 Subd. 6. [ADMINISTRATIVE REVIEW.] (a) An offender assigned
26.6 or reassigned to risk level II or III under subdivision 3,
26.7 paragraph (e) or (h), has the right to seek administrative
26.8 review of an end-of-confinement review committee's risk
26.9 assessment determination. The offender must exercise this right
26.10 within 14 days of receiving notice of the committee's decision
26.11 by notifying the chair of the committee. Upon receiving the
26.12 request for administrative review, the chair shall notify: (1)
26.13 the offender; (2) the victim or victims of the offender's
26.14 offense who have requested disclosure or their designee; (3) the
26.15 law enforcement agency that investigated the offender's crime of
26.16 conviction or, where relevant, the law enforcement agency having
26.17 primary jurisdiction where the offender was committed; (4) the
26.18 law enforcement agency having jurisdiction where the offender
26.19 expects to reside, providing that the release plan has been
26.20 approved by the hearings and release unit of the department of
26.21 corrections; and (5) any other individuals the chair may
26.22 select. The notice shall state the time and place of the
26.23 hearing. A request for a review hearing shall not interfere
26.24 with or delay the notification process under subdivision 4 or 5,
26.25 unless the administrative law judge orders otherwise for good
26.26 cause shown.
26.27 (b) An offender who requests a review hearing must be given
26.28 a reasonable opportunity to prepare for the hearing. The review
26.29 hearing shall be conducted on the record before an
26.30 administrative law judge. The review hearing shall be conducted
26.31 at the correctional facility in which the offender is currently
26.32 confined. If the offender no longer is incarcerated, the
26.33 administrative law judge shall determine the place where the
26.34 review hearing will be conducted. The offender has the burden
26.35 of proof to show, by a preponderance of the evidence, that the
26.36 end-of-confinement review committee's risk assessment
27.1 determination was erroneous. The attorney general or a designee
27.2 shall defend the end-of-confinement review committee's
27.3 determination. The offender has the right to be present and be
27.4 represented by counsel at the hearing, to present evidence in
27.5 support of the offender's position, to call supporting witnesses
27.6 and to cross-examine witnesses testifying in support of the
27.7 committee's determination. Counsel for indigent offenders shall
27.8 be provided by the Legal Advocacy Project of the state public
27.9 defender's office.
27.10 (c) After the hearing is concluded, the administrative law
27.11 judge shall decide whether the end-of-confinement review
27.12 committee's risk assessment determination was erroneous and,
27.13 based on this decision, shall either uphold or modify the review
27.14 committee's determination. The judge's decision shall be in
27.15 writing and shall include the judge's reasons for the decision.
27.16 The judge's decision shall be final and a copy of it shall be
27.17 given to the offender, the victim, the law enforcement agency,
27.18 and the chair of the end-of-confinement review committee.
27.19 (d) The review hearing is subject to the contested case
27.20 provisions of chapter 14.
27.21 (e) The administrative law judge may seal any portion of
27.22 the record of the administrative review hearing to the extent
27.23 necessary to protect the identity of a victim of or witness to
27.24 the offender's offense.
27.25 Subd. 7. [IMMUNITY FROM LIABILITY.] (a) A state or local
27.26 agency or official, or a private organization or individual
27.27 authorized to act on behalf of a state or local agency or
27.28 official, is not civilly or criminally liable for disclosing or
27.29 failing to disclose information as permitted by this section.
27.30 (b) A state or local agency or official, or a private
27.31 organization or individual authorized to act on behalf of a
27.32 state or local agency or official, is not civilly liable for
27.33 failing to disclose information under this section.
27.34 (c) A state or local agency or official, or a private
27.35 organization or individual authorized to act on behalf of a
27.36 state or local agency or official, is not civilly liable for
28.1 disclosing information as permitted by this section. However,
28.2 this paragraph applies only to disclosure of information that is
28.3 consistent with the offender's conviction history. It does not
28.4 apply to disclosure of information relating to conduct for which
28.5 the offender was not convicted.
28.6 Subd. 8. [LIMITATION ON SCOPE.] Nothing in this section
28.7 imposes a duty upon a person licensed under chapter 82, or an
28.8 employee of the person, to disclose information regarding an
28.9 offender who is required to register under section 243.166, or
28.10 about whom notification is made under this section.
28.11 Sec. 13. Minnesota Statutes 1998, section 244.10,
28.12 subdivision 2a, is amended to read:
28.13 Subd. 2a. [NOTICE OF INFORMATION REGARDING SEX PREDATORY
28.14 OFFENDERS.] (a) Subject to paragraph (b), in any case in which a
28.15 person is convicted of an offense which requires registration
28.16 under section 243.166, subdivision 1, and the presumptive
28.17 sentence under the sentencing guidelines is commitment to the
28.18 custody of the commissioner of corrections, if the court grants
28.19 a dispositional departure and stays imposition or execution of
28.20 sentence, the probation or court services officer who is
28.21 assigned to supervise the offender shall provide in writing to
28.22 the following the fact that the offender is on probation and the
28.23 terms and conditions of probation:
28.24 (1) a victim of and any witnesses to the offense committed
28.25 by the offender, if the victim or the witness has requested
28.26 notice; and
28.27 (2) the chief law enforcement officer in the area where the
28.28 offender resides or intends to reside.
28.29 The law enforcement officer, in consultation with the
28.30 offender's probation officer, may provide all or part of this
28.31 information to any of the following agencies or groups the
28.32 offender is likely to encounter: public and private educational
28.33 institutions, day care establishments, and establishments or
28.34 organizations that primarily serve individuals likely to be
28.35 victimized by the offender.
28.36 The probation officer is not required under this
29.1 subdivision to provide any notice while the offender is placed
29.2 or resides in a residential facility that is licensed under
29.3 section 245A.02, subdivision 14, or 241.021, if the facility
29.4 staff is trained in the supervision of sex offenders.
29.5 (b) Paragraph (a) applies only to offenders required to
29.6 register under section 243.166, as a result of the conviction.
29.7 (c) The notice authorized by paragraph (a) shall be limited
29.8 to data classified as public under section 13.84, subdivision 6,
29.9 unless the offender provides informed consent to authorize the
29.10 release of nonpublic data or unless a court order authorizes the
29.11 release of nonpublic data.
29.12 (c) (d) Nothing in this subdivision shall be interpreted to
29.13 impose a duty on any person to use any information regarding an
29.14 offender about whom notification is made under this subdivision.
29.15 Sec. 14. [299C.093] [DATABASE OF REGISTERED PREDATORY
29.16 OFFENDERS.]
29.17 The superintendent of the bureau of criminal apprehension
29.18 shall maintain a computerized data system relating to
29.19 individuals required to register as predatory offenders under
29.20 section 243.166. To the degree feasible, the system must
29.21 include the information required to be provided under section
29.22 243.166, subdivisions 4 and 4a, and indicate the time period
29.23 that the person is required to register. The superintendent
29.24 shall maintain this information in a manner that ensures that it
29.25 is readily available to law enforcement agencies. This
29.26 information is private data on individuals under section 13.02,
29.27 subdivision 12, but may be used for law enforcement and
29.28 corrections purposes.
29.29 Sec. 15. [REPORT.]
29.30 By January 15, 2001, the superintendent of the bureau of
29.31 criminal apprehension shall report to the chairs of the senate
29.32 and house of representatives committees and divisions having
29.33 jurisdiction over criminal justice funding. The report must
29.34 specify how the money appropriated in this act was spent and how
29.35 the policy changes made in this act relating to the bureau were
29.36 implemented.
30.1 Sec. 16. [EFFECTIVE DATES.]
30.2 (a) Section 10 is effective the day following final
30.3 enactment.
30.4 (b) Section 6 is effective August 1, 2000, and applies to
30.5 crimes committed on or after that date. However, a conviction
30.6 or adjudication for violating Minnesota Statutes, section
30.7 243.166, occurring before August 1, 2000, shall be considered a
30.8 prior conviction or adjudication under Minnesota Statutes,
30.9 section 243.166, subdivision 5, paragraph (c).
30.10 (c) The provisions of section 7 that pertain to lifetime
30.11 registration are effective August 1, 2000, and apply to persons
30.12 who commit offenses requiring lifetime registration on or after
30.13 that date.
30.14 (d) Sections 2 and 9 and the provisions of sections 4 and 8
30.15 that pertain to making information available to the public
30.16 through electronic, computerized, or other accessible means are
30.17 effective August 1, 2000, and apply to offenders who are out of
30.18 compliance with Minnesota Statutes, section 243.166, on or after
30.19 that date.
30.20 (e) The provisions of section 12 that pertain to posting
30.21 information on the Internet are effective August 1, 2000, and
30.22 apply to offenders classified at risk level III and subject to
30.23 community notification under Minnesota Statutes, section
30.24 244.052, on or after that date.
30.25 (f) Section 13 and the remaining provisions of section 12
30.26 are effective August 1, 2000, and apply to persons released from
30.27 confinement or sentenced on or after that date.
30.28 (g) Sections 14 and 15 and the remaining provisions of
30.29 section 8 are effective August 1, 2000.
30.30 (h) Sections 1, 3, and 5, and the remaining provisions of
30.31 sections 4 and 7 are effective August 1, 2000, and apply to
30.32 persons released from confinement, sentenced, subject to
30.33 registration, or who commit offenses on or after that date.
30.34 ARTICLE 3
30.35 NAME CHANGE PROVISIONS
30.36 Section 1. Minnesota Statutes 1998, section 259.11, is
31.1 amended to read:
31.2 259.11 [ORDER; FILING COPIES.]
31.3 (a) Upon meeting the requirements of section 259.10, the
31.4 court shall grant the application unless: (1) it finds that
31.5 there is an intent to defraud or mislead; (2) section 259.13
31.6 prohibits granting the name change; or (3) in the case of the
31.7 change of a minor child's name, the court finds that such name
31.8 change is not in the best interests of the child. The court
31.9 shall set forth in the order the name and age of the applicant's
31.10 spouse and each child of the applicant, if any, and shall state
31.11 a description of the lands, if any, in which the applicant and
31.12 the spouse and children, if any, claim to have an interest. The
31.13 court administrator shall file such order, and record the same
31.14 in the judgment book. If lands be described therein, a
31.15 certified copy of the order shall be filed for record, by the
31.16 applicant, with the county recorder of each county wherein any
31.17 of the same are situated. Before doing so the court
31.18 administrator shall present the same to the county auditor who
31.19 shall enter the change of name in the auditor's official records
31.20 and note upon the instrument, over an official signature, the
31.21 words "change of name recorded." Any such order shall not be
31.22 filed, nor any certified copy thereof be issued, until the
31.23 applicant shall have paid to the county recorder and court
31.24 administrator the fee required by law. No application shall be
31.25 denied on the basis of the marital status of the applicant.
31.26 (b) When a person applies for a name change, the court
31.27 shall determine whether the person has been convicted of a
31.28 felony in this or any other state. If so, the court shall,
31.29 within ten days after the name change application is granted,
31.30 report the name change to the bureau of criminal apprehension.
31.31 The person whose name is changed shall also report the change to
31.32 the bureau of criminal apprehension within ten days. The court
31.33 granting the name change application must explain this reporting
31.34 duty in its order. Any person required to report the person's
31.35 name change to the bureau of criminal apprehension who fails to
31.36 report the name change as required under this paragraph is
32.1 guilty of a gross misdemeanor.
32.2 Sec. 2. [259.115] [CRIMINAL PENALTIES.]
32.3 A person who has a felony conviction under Minnesota law or
32.4 the law of another state or federal jurisdiction and who does
32.5 any of the following is guilty of a gross misdemeanor:
32.6 (1) upon marriage, uses a different surname from that used
32.7 before marriage without complying with section 259.13;
32.8 (2) upon marriage dissolution or legal separation, uses a
32.9 different surname from that used during marriage without
32.10 complying with section 259.13; or
32.11 (3) with the intent to defraud or mislead, or to cause
32.12 injury to or harass another, uses a different name without
32.13 complying with section 259.13.
32.14 Sec. 3. [259.13] [PERSONS WITH FELONY CONVICTION; NAME
32.15 CHANGES.]
32.16 Subdivision 1. [PROCEDURE FOR SEEKING NAME CHANGE.] (a) A
32.17 person with a felony conviction under Minnesota law or the law
32.18 of another state or federal jurisdiction shall serve a notice of
32.19 application for a name change on the prosecuting authority that
32.20 obtained the conviction against the person when seeking a name
32.21 change through one of the following procedures:
32.22 (1) an application for a name change under section 259.10;
32.23 (2) a request for a name change as part of an application
32.24 for a marriage license under section 517.08; or
32.25 (3) a request for a name change in conjunction with a
32.26 marriage dissolution under section 518.27.
32.27 If the conviction is from another state or federal jurisdiction,
32.28 notice of application must also be served on the attorney
32.29 general.
32.30 (b) A person who seeks a name change under section 259.10
32.31 or 518.27 shall file proof of service with the court as part of
32.32 the name change request. A person who seeks a name change under
32.33 section 517.08 shall file proof of service with the county as
32.34 part of the application for a marriage license.
32.35 (c) The name change request may not be granted during the
32.36 30-day period provided for in subdivision 2 or, if an objection
33.1 is filed under subdivision 2, until satisfaction of the
33.2 requirements in subdivision 3 or 4. Nothing in this section
33.3 shall delay the granting of a marriage license under section
33.4 517.08, which may be granted without the name change.
33.5 Subd. 2. [OBJECTION BY PROSECUTING AUTHORITY.] At any time
33.6 within 30 days from the date of service of the notice of
33.7 application for a name change under this section, the
33.8 prosecuting authority or the attorney general may file an
33.9 objection to the application for a name change. The objection
33.10 may be made on the basis that the request aims to defraud or
33.11 mislead, is not made in good faith, will cause injury to a
33.12 person, or will compromise public safety. If an objection to
33.13 the application for a name change is filed within this time
33.14 period, the court may not grant the name change request, and the
33.15 county may not allow the name change as part of a marriage
33.16 license.
33.17 Subd. 3. [MOTION TO GRANT NAME CHANGE REQUEST.] A person
33.18 who seeks a name change may contest the prosecuting authority's
33.19 or attorney general's objection by filing a motion with the
33.20 court for an order permitting the requested name change. Except
33.21 as provided in subdivision 4, no name change shall be granted
33.22 unless the person requesting it proves by clear and convincing
33.23 evidence that the request is not based upon an intent to defraud
33.24 or mislead, is made in good faith, will not cause injury to a
33.25 person, and will not compromise public safety.
33.26 Subd. 4. [CONSTITUTIONAL RIGHT TO NAME CHANGE.] The court
33.27 shall grant a name change if failure to allow it would infringe
33.28 on a constitutional right of the person.
33.29 Subd. 5. [COSTS.] A person seeking a name change under
33.30 this section may proceed in forma pauperis only when the failure
33.31 to allow the name change would infringe upon a constitutional
33.32 right.
33.33 Subd. 6. [CRIMINAL PENALTY.] A person who knowingly
33.34 violates this section is guilty of a gross misdemeanor.
33.35 Sec. 4. Minnesota Statutes 1998, section 517.08,
33.36 subdivision 1a, is amended to read:
34.1 Subd. 1a. Application for a marriage license shall be made
34.2 upon a form provided for the purpose and shall contain the
34.3 following information:
34.4 (1) the full names of the parties and the sex of each
34.5 party;
34.6 (2) their post office addresses and county and state of
34.7 residence;
34.8 (3) their full ages;
34.9 (4) if either party has previously been married, the
34.10 party's married name, and the date, place and court in which the
34.11 marriage was dissolved or annulled or the date and place of
34.12 death of the former spouse;
34.13 (5) if either party is a minor, the name and address of the
34.14 minor's parents or guardian;
34.15 (6) whether the parties are related to each other, and, if
34.16 so, their relationship;
34.17 (7) the name and date of birth of any child of which both
34.18 parties are parents, born before the making of the application,
34.19 unless their parental rights and the parent and child
34.20 relationship with respect to the child have been terminated;
34.21 (8) address of the bride and groom after the marriage to
34.22 which the court administrator shall send a certified copy of the
34.23 marriage certificate; and
34.24 (9) the full names the parties will have after marriage and
34.25 the parties' social security numbers. The social security
34.26 numbers must be collected for the application but must not
34.27 appear on the marriage license;
34.28 (10) if one or both of the parties to the marriage license
34.29 has a felony conviction under Minnesota law or the law of
34.30 another state or federal jurisdiction, the parties shall provide
34.31 to the county proof of service upon the prosecuting authority
34.32 and, if applicable, the attorney general, as required by section
34.33 259.13; and
34.34 (11) notice that a party who has a felony conviction under
34.35 Minnesota law or the law of another state or federal
34.36 jurisdiction may not use a different surname after marriage
35.1 except as authorized by section 259.13, and that doing so is a
35.2 gross misdemeanor.
35.3 Sec. 5. Minnesota Statutes 1998, section 517.08,
35.4 subdivision 1b, is amended to read:
35.5 Subd. 1b. [TERM OF LICENSE; FEE.] (a) The court
35.6 administrator shall examine upon oath the party applying for a
35.7 license relative to the legality of the contemplated marriage.
35.8 If at the expiration of a five-day period, on being satisfied
35.9 that there is no legal impediment to it, including the
35.10 restriction contained in section 259.13, the court administrator
35.11 shall issue the license, containing the full names of the
35.12 parties before and after marriage, and county and state of
35.13 residence, with the district court seal attached, and make a
35.14 record of the date of issuance. The license shall be valid for
35.15 a period of six months. In case of emergency or extraordinary
35.16 circumstances, a judge of the district court of the county in
35.17 which the application is made, may authorize the license to be
35.18 issued at any time before the expiration of the five days. The
35.19 court administrator shall collect from the applicant a fee of
35.20 $70 for administering the oath, issuing, recording, and filing
35.21 all papers required, and preparing and transmitting to the state
35.22 registrar of vital statistics the reports of marriage required
35.23 by this section. If the license should not be used within the
35.24 period of six months due to illness or other extenuating
35.25 circumstances, it may be surrendered to the court administrator
35.26 for cancellation, and in that case a new license shall issue
35.27 upon request of the parties of the original license without
35.28 fee. A court administrator who knowingly issues or signs a
35.29 marriage license in any manner other than as provided in this
35.30 section shall pay to the parties aggrieved an amount not to
35.31 exceed $1,000.
35.32 (b) If section 259.13 applies to the request for a marriage
35.33 license, the court administrator shall grant the marriage
35.34 license without the requested name change. Alternatively, the
35.35 court administrator may delay the granting of the marriage
35.36 license until the party with the conviction:
36.1 (1) certifies under oath that 30 days have passed since
36.2 service of the notice for a name change upon the prosecuting
36.3 authority and, if applicable, the attorney general and no
36.4 objection has been filed under section 259.13; or
36.5 (2) provides a certified copy of the court order granting
36.6 it. The parties seeking the marriage license shall have the
36.7 right to choose to have the license granted without the name
36.8 change or to delay its granting pending further action on the
36.9 name change request.
36.10 Sec. 6. Minnesota Statutes 1998, section 518.27, is
36.11 amended to read:
36.12 518.27 [NAME OF PARTY.]
36.13 Except as provided in section 259.13, in the final decree
36.14 of dissolution or legal separation the court shall, if requested
36.15 by a party, change the name of that party to another name as the
36.16 party requests. The court shall grant a request unless it finds
36.17 that there is an intent to defraud or mislead, unless the name
36.18 change is subject to section 259.13, in which case the
36.19 requirements of that section apply. The court shall notify the
36.20 parties that use of a different surname after dissolution or
36.21 legal separation without complying with section 259.13, if
36.22 applicable, is a gross misdemeanor. The party's new name shall
36.23 be so designated in the final decree.
36.24 Sec. 7. [EFFECTIVE DATE.]
36.25 Sections 1 to 6 are effective August 1, 2000, and apply to
36.26 proceedings for a name change commenced and crimes committed on
36.27 or after that date.
36.28 ARTICLE 4
36.29 CRIMINAL AND EXPUNGEMENT PROVISIONS
36.30 Section 1. Minnesota Statutes 1998, section 609.035, is
36.31 amended by adding a subdivision to read:
36.32 Subd. 6. [EXCEPTION; CRIMINAL SEXUAL CONDUCT
36.33 OFFENSES.] Notwithstanding subdivision 1, a prosecution or
36.34 conviction for committing a violation of sections 609.342 to
36.35 609.345 with force or violence is not a bar to conviction of or
36.36 punishment for any other crime committed by the defendant as
37.1 part of the same conduct. If an offender is punished for more
37.2 than one crime as authorized by this subdivision and the court
37.3 imposes consecutive sentences for the crimes, the consecutive
37.4 sentences are not a departure from the sentencing guidelines.
37.5 Sec. 2. Minnesota Statutes 1998, section 609.342,
37.6 subdivision 2, is amended to read:
37.7 Subd. 2. [PENALTY.] (a) Except as otherwise provided in
37.8 section 609.109, a person convicted under subdivision 1 may be
37.9 sentenced to imprisonment for not more than 30 years or to a
37.10 payment of a fine of not more than $40,000, or both.
37.11 (b) Unless a longer mandatory minimum sentence is otherwise
37.12 required by law or the sentencing guidelines provide for a
37.13 longer presumptive executed sentence, the court shall presume
37.14 that an executed sentence of 144 months must be imposed on an
37.15 offender convicted of violating this section. Sentencing a
37.16 person in a manner other than that described in this paragraph
37.17 is a departure from the sentencing guidelines.
37.18 Sec. 3. Minnesota Statutes 1998, section 609.352,
37.19 subdivision 1, is amended to read:
37.20 Subdivision 1. [DEFINITIONS.] As used in this section:
37.21 (a) "child" means a person under the age of 15 years of age
37.22 or younger;
37.23 (b) "sexual conduct" means sexual contact of the
37.24 individual's primary genital area, sexual penetration as defined
37.25 in section 609.341, or sexual performance as defined in section
37.26 617.246; and
37.27 (c) "solicit" means commanding, entreating, or attempting
37.28 to persuade a specific person in person, by telephone, by
37.29 letter, or by computerized or other electronic means.
37.30 Sec. 4. Minnesota Statutes 1998, section 609.352,
37.31 subdivision 2, is amended to read:
37.32 Subd. 2. [PROHIBITED ACT.] A person 18 years of age or
37.33 older who solicits a child or someone the person reasonably
37.34 believes is a child to engage in sexual conduct with intent to
37.35 engage in sexual conduct is guilty of a felony and may be
37.36 sentenced to imprisonment for not more than three years, or to
38.1 payment of a fine of not more than $5,000, or both.
38.2 Sec. 5. [609.353] [JURISDICTION.]
38.3 A violation or attempted violation of section 609.342,
38.4 609.343, 609.344, 609.345, 609.3451, or 609.352 may be
38.5 prosecuted in any jurisdiction in which the violation originates
38.6 or terminates.
38.7 Sec. 6. Minnesota Statutes 1998, section 609.749,
38.8 subdivision 2, is amended to read:
38.9 Subd. 2. [HARASSMENT AND STALKING CRIMES.] (a) A person
38.10 who harasses another by committing any of the following acts is
38.11 guilty of a gross misdemeanor:
38.12 (1) directly or indirectly manifests a purpose or intent to
38.13 injure the person, property, or rights of another by the
38.14 commission of an unlawful act;
38.15 (2) stalks, follows, or pursues another;
38.16 (3) returns to the property of another if the actor is
38.17 without claim of right to the property or consent of one with
38.18 authority to consent;
38.19 (4) repeatedly makes telephone calls, or induces a victim
38.20 to make telephone calls to the actor, whether or not
38.21 conversation ensues;
38.22 (5) makes or causes the telephone of another repeatedly or
38.23 continuously to ring;
38.24 (6) repeatedly mails or delivers or causes the delivery by
38.25 any means, including electronically, of letters, telegrams,
38.26 messages, packages, or other objects; or
38.27 (7) knowingly makes false allegations against a peace
38.28 officer concerning the officer's performance of official duties
38.29 with intent to influence or tamper with the officer's
38.30 performance of official duties.
38.31 (b) The conduct described in paragraph (a), clauses (4) and
38.32 (5), may be prosecuted at the place where any call is either
38.33 made or received. The conduct described in paragraph (a),
38.34 clause (6), may be prosecuted where any letter, telegram,
38.35 message, package, or other object is either sent or received.
38.36 (c) A peace officer may not make a warrantless, custodial
39.1 arrest of any person for a violation of paragraph (a), clause
39.2 (7).
39.3 Sec. 7. Minnesota Statutes 1998, section 609.795,
39.4 subdivision 1, is amended to read:
39.5 Subdivision 1. [MISDEMEANORS.] Whoever does any of the
39.6 following is guilty of a misdemeanor:
39.7 (1) knowing that the actor does not have the consent of
39.8 either the sender or the addressee, intentionally opens any
39.9 sealed letter, telegram, or package addressed to another; or
39.10 (2) knowing that a sealed letter, telegram, or package has
39.11 been opened without the consent of either the sender or
39.12 addressee, intentionally publishes any of the contents thereof;
39.13 or
39.14 (3) with the intent to abuse, disturb, or cause distress,
39.15 repeatedly uses the mails or delivers or causes the delivery by
39.16 any means, including electronically, of letters, telegrams, or
39.17 packages.
39.18 Sec. 8. Minnesota Statutes 1998, section 609A.03, is
39.19 amended to read:
39.20 609A.03 [PETITION TO EXPUNGE CRIMINAL RECORDS.]
39.21 Subdivision 1. [PETITION; FILING FEE.] An individual who
39.22 is the subject of a criminal record who is seeking the
39.23 expungement of the record shall file a petition under this
39.24 section and pay a filing fee in the amount required under
39.25 section 357.021, subdivision 2, clause (1). The filing fee may
39.26 be waived in cases of indigency and shall be waived in the cases
39.27 described in section 609A.02, subdivision 3.
39.28 Subd. 2. [CONTENTS OF PETITION.] A petition for
39.29 expungement shall be signed under oath by the petitioner and
39.30 shall state the following:
39.31 (1) the petitioner's full name and all other legal names or
39.32 aliases by which the petitioner has been known at any time;
39.33 (2) the petitioner's date of birth;
39.34 (3) all of the petitioner's addresses from the date of the
39.35 offense or alleged offense in connection with which an
39.36 expungement order is sought, to the date of the petition;
40.1 (4) why expungement is sought, if it is for employment or
40.2 licensure purposes, the statutory or other legal authority under
40.3 which it is sought, and why it should be granted;
40.4 (5) the details of the offense or arrest for which
40.5 expungement is sought, including date and jurisdiction of the
40.6 occurrence, court file number, and date of conviction or of
40.7 dismissal;
40.8 (6) in the case of a conviction, what steps the petitioner
40.9 has taken since the time of the offense toward personal
40.10 rehabilitation, including treatment, work, or other personal
40.11 history that demonstrates rehabilitation;
40.12 (7) petitioner's criminal conviction record indicating all
40.13 convictions for misdemeanors, gross misdemeanors, or felonies in
40.14 this state, and for all comparable convictions in any other
40.15 state, federal court, or foreign country, whether the
40.16 convictions occurred before or after the arrest or conviction
40.17 for which expungement is sought;
40.18 (8) petitioner's criminal charges record indicating all
40.19 prior and pending criminal charges against the petitioner in
40.20 this state or another jurisdiction, including all criminal
40.21 charges that have been continued for dismissal or stayed for
40.22 adjudication, or have been the subject of pretrial diversion;
40.23 and
40.24 (9) all prior requests by the petitioner, whether for the
40.25 present offense or for any other offenses, in this state or any
40.26 other state or federal court, for pardon, return of arrest
40.27 records, or expungement or sealing of a criminal record, whether
40.28 granted or not, and all stays of adjudication or imposition of
40.29 sentence involving the petitioner.
40.30 Subd. 3. [SERVICE OF PETITION AND PROPOSED ORDER.] The
40.31 petition for expungement and a proposed expungement order shall
40.32 be served by mail on the state and local government agencies and
40.33 jurisdictions whose records would be affected by the proposed
40.34 order. Service shall also be made by mail on the attorney for
40.35 each agency and jurisdiction.
40.36 Subd. 4. [HEARING.] A hearing on the petition shall be
41.1 held no sooner than 60 days after service of the petition.
41.2 Subd. 5. [NATURE OF REMEDY; STANDARD; FIREARMS
41.3 RESTRICTION.] (a) Except as otherwise provided by paragraph (b),
41.4 expungement of a criminal record is an extraordinary remedy to
41.5 be granted only upon clear and convincing evidence that it would
41.6 yield a benefit to the petitioner commensurate with the
41.7 disadvantages to the public and public safety of:
41.8 (1) sealing the record; and
41.9 (2) burdening the court and public authorities to issue,
41.10 enforce, and monitor an expungement order.
41.11 (b) Except as otherwise provided by this paragraph, if the
41.12 petitioner is petitioning for the sealing of a criminal record
41.13 under section 609A.02, subdivision 3, the court shall grant the
41.14 petition to seal the record unless the agency or jurisdiction
41.15 whose records would be affected establishes by clear and
41.16 convincing evidence that the interests of the public and public
41.17 safety outweigh the disadvantages to the petitioner of not
41.18 sealing the record. If a petitioner was found not guilty by
41.19 reason of mental illness, the court shall grant the petition to
41.20 seal the record unless the agency or jurisdiction whose records
41.21 would be affected establishes by a preponderance of the evidence
41.22 that the interests of the public and public safety outweigh the
41.23 disadvantages to the petitioner of not sealing the record.
41.24 (c) If the court issues an expungement order it may require
41.25 that the criminal record shall be sealed, the existence of the
41.26 record shall not be revealed, and the record should not be
41.27 opened except as required under subdivision 7. Records shall
41.28 must not be destroyed or returned to the subject of the record.
41.29 (d) An order expunging the record of a conviction for a
41.30 crime of violence as defined in section 624.712, subdivision 5,
41.31 must provide that the person is not entitled to ship, transport,
41.32 possess, or receive a firearm until ten years have elapsed since
41.33 the order was entered and during that time the person was not
41.34 convicted of any other crime of violence. Any person whose
41.35 record of conviction is expunged under this section and who
41.36 thereafter receives a relief of disability under United States
42.1 Code, title 18, section 925, is not subject to the restriction
42.2 in this paragraph.
42.3 Subd. 5a. [ORDER CONCERNING CRIMES OF VIOLENCE.] An order
42.4 expunging the record of a conviction for a crime of violence as
42.5 defined in section 624.712, subdivision 5, must provide that the
42.6 person is not entitled to ship, transport, possess, or receive a
42.7 firearm until ten years have elapsed since the order was entered
42.8 and during that time the person was not convicted of any other
42.9 crime of violence. Any person whose record of conviction is
42.10 expunged under this section and who thereafter receives a relief
42.11 of disability under United States Code, title 18, section 925,
42.12 is not subject to the restriction in this subdivision.
42.13 Subd. 6. [ORDER CONCERNING CONTROLLED SUBSTANCE OFFENSES.]
42.14 If the court orders the sealing of the record of proceedings
42.15 under section 152.18, the effect of the order shall be to
42.16 restore the person, in the contemplation of the law, to the
42.17 status the person occupied before the arrest, indictment, or
42.18 information. The person shall not be held guilty of perjury or
42.19 otherwise of giving a false statement if the person fails to
42.20 acknowledge the arrest, indictment, information, or trial in
42.21 response to any inquiry made for any purpose.
42.22 Subd. 7. [LIMITATIONS OF ORDER.] (a) Upon issuance of an
42.23 expungement order related to a charge supported by probable
42.24 cause, the DNA samples and DNA records held by the bureau of
42.25 criminal apprehension shall not be sealed, returned to the
42.26 subject of the record, or destroyed.
42.27 (b) Notwithstanding the issuance of an expungement order:
42.28 (1) an expunged record may be opened for purposes of a
42.29 criminal investigation, prosecution, or sentencing, upon an ex
42.30 parte court order; and
42.31 (2) an expunged record of a conviction may be opened for
42.32 purposes of evaluating a prospective employee in a criminal
42.33 justice agency without a court order.
42.34 Upon request by law enforcement, prosecution, or
42.35 corrections authorities, an agency or jurisdiction subject to an
42.36 expungement order shall inform the requester of the existence of
43.1 a sealed record and of the right to obtain access to it as
43.2 provided by this paragraph. For purposes of this section, a
43.3 "criminal justice agency" means courts or a government agency
43.4 that performs the administration of criminal justice under
43.5 statutory authority.
43.6 Subd. 8. [STAY OF ORDER; APPEAL DISTRIBUTION OF
43.7 EXPUNGEMENT ORDERS.] An expungement order shall be automatically
43.8 stayed for 60 days after filing of the order and, if the order
43.9 is appealed, during the appeal period. A person or an agency or
43.10 jurisdiction whose records would be affected by the order may
43.11 appeal the order within 60 days of service of notice of filing
43.12 of the order. An agency or jurisdiction or officials or
43.13 employees thereof need not file a cost bond or supersedeas bond
43.14 in order to further stay the proceedings or file an appeal. The
43.15 court administrator shall send a copy of an expungement order to
43.16 each agency and jurisdiction whose records are affected by the
43.17 terms of the order.
43.18 Subd. 9. [DISTRIBUTION OF EXPUNGEMENT ORDERS STAY OF
43.19 ORDER; APPEAL.] If an expungement order is issued, the court
43.20 administrator shall send a copy of it to each agency and
43.21 jurisdiction whose records are affected by the terms of the
43.22 order. An expungement order shall be stayed automatically for 60
43.23 days after the order is filed and, if the order is appealed,
43.24 during the appeal period. A person or an agency or jurisdiction
43.25 whose records would be affected by the order may appeal the
43.26 order within 60 days of service of notice of filing of the order.
43.27 An agency or jurisdiction or its officials or employees need not
43.28 file a cost bond or supersedeas bond in order to further stay
43.29 the proceedings or file an appeal.
43.30 Sec. 9. Minnesota Statutes 1998, section 628.26, is
43.31 amended to read:
43.32 628.26 [LIMITATIONS.]
43.33 (a) Indictments or complaints for murder any crime
43.34 resulting in the death of the victim may be found or made at any
43.35 time after the death of the person killed.
43.36 (b) Indictments or complaints for a violation of section
44.1 609.25 may be found or made at any time after the commission of
44.2 the offense.
44.3 (b) (c) Indictments or complaints for violation of section
44.4 609.42, subdivision 1, clause (1) or (2), shall be found or made
44.5 and filed in the proper court within six years after the
44.6 commission of the offense.
44.7 (c) (d) Indictments or complaints for violation of sections
44.8 609.342 to 609.345 if the victim was under the age of 18 years
44.9 at the time the offense was committed, shall be found or made
44.10 and filed in the proper court within nine years after the
44.11 commission of the offense or, if the victim failed to report the
44.12 offense within this limitation period, within three years after
44.13 the offense was reported to law enforcement authorities.
44.14 (d) (e) Notwithstanding the limitations in paragraph (c),
44.15 indictments or complaints for violation of sections 609.342 to
44.16 609.344 if the victim was 18 years old or older at the time the
44.17 offense was committed, shall may be found or made and filed in
44.18 the proper court at any time after commission of the offense, if
44.19 physical evidence is collected and preserved that is capable of
44.20 being tested for its DNA characteristics. If this evidence is
44.21 not collected and preserved and the victim was 18 years old or
44.22 older at the time of the offense, the prosecution must be
44.23 commenced within nine years after the commission of the offense.
44.24 (e) (f) Indictments or complaints for violation of sections
44.25 609.466 and 609.52, subdivision 2, clause (3)(c), item (iii),
44.26 shall be found or made and filed in the proper court within six
44.27 years after the commission of the offense.
44.28 (f) (g) Indictments or complaints for violation of section
44.29 609.52, subdivision 2, clause (3), items (a) and (b) (i) and
44.30 (ii), (4), (15), or (16), 609.631, or 609.821, where the value
44.31 of the property or services stolen is more than $35,000, shall
44.32 be found or made and filed in the proper court within five years
44.33 after the commission of the offense.
44.34 (g) (h) Except for violations relating to false material
44.35 statements, representations or omissions, indictments or
44.36 complaints for violations of section 609.671 shall be found or
45.1 made and filed in the proper court within five years after the
45.2 commission of the offense.
45.3 (h) (i) Indictments or complaints for violation of sections
45.4 609.561 to 609.563, shall be found or made and filed in the
45.5 proper court within five years after the commission of the
45.6 offense.
45.7 (i) (j) In all other cases, indictments or complaints shall
45.8 be found or made and filed in the proper court within three
45.9 years after the commission of the offense.
45.10 (j) (k) The limitations periods contained in this section
45.11 shall exclude any period of time during which the defendant was
45.12 not an inhabitant of or usually resident within this state.
45.13 (k) (l) The limitations periods contained in this section
45.14 for an offense shall not include any period during which the
45.15 alleged offender participated under a written agreement in a
45.16 pretrial diversion program relating to that offense.
45.17 (1) (m) The limitations periods contained in this section
45.18 shall not include any period of time during which physical
45.19 evidence relating to the offense was undergoing DNA analysis, as
45.20 defined in section 299C.155, unless the defendant demonstrates
45.21 that the prosecuting or law enforcement agency purposefully
45.22 delayed the DNA analysis process in order to gain an unfair
45.23 advantage.
45.24 Sec. 10. [EFFECTIVE DATES.]
45.25 Sections 1 to 5, 7, and 8 are effective August 1, 2000, and
45.26 apply to crimes committed and expungement petitions filed on or
45.27 after that date. Section 6 is effective the day following final
45.28 enactment and applies to crimes committed on or after that
45.29 date. Section 9 is effective August 1, 2000, and applies to
45.30 crimes committed on or after that date and to crimes committed
45.31 before that date if the limitation period for the crime did not
45.32 expire before August 1, 2000.
45.33 ARTICLE 5
45.34 CRIMINAL JUSTICE INFORMATION
45.35 TECHNOLOGY AND INTEGRATION PROVISIONS
45.36 Section 1. Minnesota Statutes 1998, section 299C.65,
46.1 subdivision 1, is amended to read:
46.2 Subdivision 1. [MEMBERSHIP, DUTIES.] (a) The criminal and
46.3 juvenile justice information policy group consists of the chair
46.4 of the sentencing guidelines commission, the commissioner of
46.5 corrections, the commissioner of public safety, the commissioner
46.6 of administration, the commissioner of finance, and the state
46.7 court administrator four members of the judicial branch
46.8 appointed by the chief justice of the supreme court.
46.9 (b) The policy group shall study and make recommendations
46.10 to the governor, the supreme court, and the legislature on:
46.11 (1) a framework for integrated criminal justice information
46.12 systems, including the development and maintenance of a
46.13 community data model for state, county, and local criminal
46.14 justice information;
46.15 (2) the responsibilities of each entity within the criminal
46.16 and juvenile justice systems concerning the collection,
46.17 maintenance, dissemination, and sharing of criminal justice
46.18 information with one another;
46.19 (3) actions necessary to ensure that information maintained
46.20 in the criminal justice information systems is accurate and
46.21 up-to-date;
46.22 (4) the development of an information system containing
46.23 criminal justice information on gross misdemeanor-level and
46.24 felony-level juvenile offenders that is part of the integrated
46.25 criminal justice information system framework;
46.26 (5) the development of an information system containing
46.27 criminal justice information on misdemeanor arrests,
46.28 prosecutions, and convictions that is part of the integrated
46.29 criminal justice information system framework;
46.30 (6) comprehensive training programs and requirements for
46.31 all individuals in criminal justice agencies to ensure the
46.32 quality and accuracy of information in those systems;
46.33 (7) continuing education requirements for individuals in
46.34 criminal justice agencies who are responsible for the
46.35 collection, maintenance, dissemination, and sharing of criminal
46.36 justice data;
47.1 (8) a periodic audit process to ensure the quality and
47.2 accuracy of information contained in the criminal justice
47.3 information systems;
47.4 (9) the equipment, training, and funding needs of the state
47.5 and local agencies that participate in the criminal justice
47.6 information systems;
47.7 (10) the impact of integrated criminal justice information
47.8 systems on individual privacy rights;
47.9 (11) the impact of proposed legislation on the criminal
47.10 justice system, including any fiscal impact, need for training,
47.11 changes in information systems, and changes in processes;
47.12 (12) the collection of data on race and ethnicity in
47.13 criminal justice information systems;
47.14 (13) the development of a tracking system for domestic
47.15 abuse orders for protection;
47.16 (14) processes for expungement, correction of inaccurate
47.17 records, destruction of records, and other matters relating to
47.18 the privacy interests of individuals; and
47.19 (15) the development of a database for extended
47.20 jurisdiction juvenile records and whether the records should be
47.21 public or private and how long they should be retained.
47.22 Sec. 2. Minnesota Statutes 1999 Supplement, section
47.23 299C.65, subdivision 2, is amended to read:
47.24 Subd. 2. [REPORT, TASK FORCE.] The policy group shall file
47.25 an annual report with the governor, supreme court, and chairs
47.26 and ranking minority members of the senate and house committees
47.27 and divisions with jurisdiction over criminal justice funding
47.28 and policy by December 1 of each even-numbered year.
47.29 The report must make recommendations concerning any
47.30 legislative changes or appropriations that are needed to ensure
47.31 that the criminal justice information systems operate accurately
47.32 and efficiently. To assist them in developing their
47.33 recommendations, the chair, the commissioners, and the
47.34 administrator policy group shall appoint a task force consisting
47.35 of the its members of the criminal and juvenile justice
47.36 information policy group or their designees and the following
48.1 additional members:
48.2 (1) the director of the office of strategic and long-range
48.3 planning;
48.4 (2) two sheriffs recommended by the Minnesota sheriffs
48.5 association;
48.6 (3) two police chiefs recommended by the Minnesota chiefs
48.7 of police association;
48.8 (4) two county attorneys recommended by the Minnesota
48.9 county attorneys association;
48.10 (5) two city attorneys recommended by the Minnesota league
48.11 of cities;
48.12 (6) two public defenders appointed by the board of public
48.13 defense;
48.14 (7) two district judges appointed by the conference of
48.15 chief judges, one of whom is currently assigned to the juvenile
48.16 court;
48.17 (8) two community corrections administrators recommended by
48.18 the Minnesota association of counties, one of whom represents a
48.19 community corrections act county;
48.20 (9) two probation officers;
48.21 (10) four public members, one of whom has been a victim of
48.22 crime, and two who are representatives of the private business
48.23 community who have expertise in integrated information systems;
48.24 (11) two court administrators;
48.25 (12) one member of the house of representatives appointed
48.26 by the speaker of the house;
48.27 (13) one member of the senate appointed by the majority
48.28 leader;
48.29 (14) the attorney general or a designee;
48.30 (15) the commissioner of administration or a designee;
48.31 (16) an individual recommended by the Minnesota league of
48.32 cities; and
48.33 (17) an individual recommended by the Minnesota association
48.34 of counties.
48.35 In making these appointments, the appointing authority shall
48.36 select members with expertise in integrated data systems or best
49.1 practices.
49.2 Sec. 3. Minnesota Statutes 1999 Supplement, section
49.3 299C.65, subdivision 8, is amended to read:
49.4 Subd. 8. [LOCAL MATCH.] (a) The policy group may approve
49.5 grants only if the applicant provides an appropriate share of
49.6 matching funds as determined by the policy group to help pay up
49.7 to one-half of the costs of developing or implementing the
49.8 integration plan. The matching requirement must be a constant
49.9 for all counties. The policy group shall adopt policies
49.10 concerning the use of in-kind resources to satisfy a portion of
49.11 the match requirement and the sources from which matching funds
49.12 may be obtained. Local operational or technology staffing costs
49.13 may be considered as meeting this match requirement.
49.14 (b) The policy group shall consult with the task force when
49.15 carrying out its powers and duties under paragraph (a).
49.16 (c) Each grant recipient shall certify to the policy group
49.17 that it has not reduced funds from local, county, federal, or
49.18 other sources which, in the absence of the grant, would have
49.19 been made available to the grant recipient to improve or
49.20 integrate criminal justice technology.
49.21 Sec. 4. Minnesota Statutes 1998, section 299C.65, is
49.22 amended by adding a subdivision to read:
49.23 Subd. 8a. [CRIMINAL JUSTICE TECHNOLOGY INFRASTRUCTURE
49.24 IMPROVEMENTS.] (a) Within 30 days of the submission of the
49.25 Hennepin county integration plan funded by a grant under Laws
49.26 1999, chapter 216, article 1, section 7, subdivision 6, or
49.27 September 1, 2000, whichever is earlier, the policy group shall:
49.28 (1) assess the needs of state, county, and municipal
49.29 government agencies for electronic fingerprint capture
49.30 technology, electronic photographic identification technology,
49.31 and additional bandwidth to transfer and access the data from
49.32 electronic fingerprint capture technology and electronic
49.33 photographic identification technology to the state's central
49.34 database; and
49.35 (2) choose locations and agencies to receive this
49.36 technology.
50.1 (b) Within the limits of available appropriations, the
50.2 commissioner of public safety shall purchase and distribute the
50.3 technology infrastructure improvements as directed by the policy
50.4 group. The commissioner shall begin the purchasing process
50.5 within 30 days of receiving notice of the policy group's
50.6 decisions. The commissioner shall distribute the improvements
50.7 as soon as practicable after beginning the purchasing process.
50.8 (c) If feasible, the policy group shall direct the
50.9 commissioner to distribute the technology infrastructure
50.10 improvements described in this subdivision in 100 locations.
50.11 However, no more than 30 percent of the improvements may be
50.12 distributed in one county.
50.13 Sec. 5. [REPORTS REQUIRED.]
50.14 Subdivision 1. [PUBLIC SAFETY.] By January 15, 2001, the
50.15 commissioner of public safety shall report to the chairs and
50.16 ranking minority members of the senate and house committees and
50.17 divisions having jurisdiction over criminal justice policy and
50.18 funding on the grants made and the technology infrastructure
50.19 improvements distributed under article 1, section 3, subdivision
50.20 1. The report must specify the amount spent on the improvements
50.21 or grants, how the improvements or grants were distributed, and
50.22 what the effects of the improvements or grants have been.
50.23 Subd. 2. [SUPREME COURT.] By January 15, 2001, the chief
50.24 justice of the supreme court is requested to report to the
50.25 chairs and ranking minority members of the senate and house
50.26 committees and divisions having jurisdiction over criminal
50.27 justice policy and funding on the redevelopment of the court
50.28 information system funded under article 1, section 5. The
50.29 report must specify how the appropriation was spent and what the
50.30 results have been.
50.31 Subd. 3. [SENTENCING GUIDELINES COMMISSION.] By January
50.32 15, 2001, the executive director of the sentencing guidelines
50.33 commission shall report to the chairs and ranking minority
50.34 members of the senate and house committees and divisions having
50.35 jurisdiction over criminal justice policy and funding on the
50.36 results of the pilot project funded under article 1, section 4.
51.1 Sec. 6. [PROPOSED EFFECTIVENESS MEASUREMENT STANDARDS AND
51.2 SANCTIONS; REPORT REQUIRED.]
51.3 (a) The criminal and juvenile justice information policy
51.4 group, in consultation with the task force described in
51.5 Minnesota Statutes, section 299C.65, subdivision 2, shall
51.6 develop recommended standards to measure the effectiveness of
51.7 the use of the technology infrastructure improvements described
51.8 in Minnesota Statutes, section 299C.65, subdivision 8a, and the
51.9 improvements made to the court information system funded by
51.10 state appropriations. The standards must be based on objective
51.11 factors that can indicate whether the improvements have actually
51.12 increased the effectiveness of the receiving agency's or court's
51.13 system, and if so to what degree.
51.14 (b) The policy group, in consultation with the task force,
51.15 shall also recommend appropriate sanctions for the court or an
51.16 agency that receives the technology improvements but does not
51.17 meet the recommended effectiveness standards.
51.18 (c) By January 15, 2001, the policy group shall report the
51.19 recommended standards and sanctions to the chairs and ranking
51.20 minority members of the senate and house committees and
51.21 divisions having jurisdiction over criminal justice funding.
51.22 Sec. 7. [EFFECTIVE DATE.]
51.23 Sections 1 to 6 are effective the day following final
51.24 enactment.
51.25 ARTICLE 6
51.26 DATA PRACTICES PROVISIONS
51.27 Section 1. Minnesota Statutes 1999 Supplement, section
51.28 13.46, subdivision 2, is amended to read:
51.29 Subd. 2. [GENERAL.] (a) Unless the data is summary data or
51.30 a statute specifically provides a different classification, data
51.31 on individuals collected, maintained, used, or disseminated by
51.32 the welfare system is private data on individuals, and shall not
51.33 be disclosed except:
51.34 (1) according to section 13.05;
51.35 (2) according to court order;
51.36 (3) according to a statute specifically authorizing access
52.1 to the private data;
52.2 (4) to an agent of the welfare system, including a law
52.3 enforcement person, attorney, or investigator acting for it in
52.4 the investigation or prosecution of a criminal or civil
52.5 proceeding relating to the administration of a program;
52.6 (5) to personnel of the welfare system who require the data
52.7 to determine eligibility, amount of assistance, and the need to
52.8 provide services of additional programs to the individual;
52.9 (6) to administer federal funds or programs;
52.10 (7) between personnel of the welfare system working in the
52.11 same program;
52.12 (8) the amounts of cash public assistance and relief paid
52.13 to welfare recipients in this state, including their names,
52.14 social security numbers, income, addresses, and other data as
52.15 required, upon request by the department of revenue to
52.16 administer the property tax refund law, supplemental housing
52.17 allowance, early refund of refundable tax credits, and the
52.18 income tax. "Refundable tax credits" means the dependent care
52.19 credit under section 290.067, the Minnesota working family
52.20 credit under section 290.0671, the property tax refund under
52.21 section 290A.04, and, if the required federal waiver or waivers
52.22 are granted, the federal earned income tax credit under section
52.23 32 of the Internal Revenue Code;
52.24 (9) between the department of human services, the
52.25 department of children, families, and learning, and the
52.26 department of economic security for the purpose of monitoring
52.27 the eligibility of the data subject for reemployment
52.28 compensation, for any employment or training program
52.29 administered, supervised, or certified by that agency, for the
52.30 purpose of administering any rehabilitation program or child
52.31 care assistance program, whether alone or in conjunction with
52.32 the welfare system, or to monitor and evaluate the Minnesota
52.33 family investment program by exchanging data on recipients and
52.34 former recipients of food stamps, cash assistance under chapter
52.35 256, 256D, 256J, or 256K, child care assistance under chapter
52.36 119B, or medical programs under chapter 256B, 256D, or 256L;
53.1 (10) to appropriate parties in connection with an emergency
53.2 if knowledge of the information is necessary to protect the
53.3 health or safety of the individual or other individuals or
53.4 persons;
53.5 (11) data maintained by residential programs as defined in
53.6 section 245A.02 may be disclosed to the protection and advocacy
53.7 system established in this state according to Part C of Public
53.8 Law Number 98-527 to protect the legal and human rights of
53.9 persons with mental retardation or other related conditions who
53.10 live in residential facilities for these persons if the
53.11 protection and advocacy system receives a complaint by or on
53.12 behalf of that person and the person does not have a legal
53.13 guardian or the state or a designee of the state is the legal
53.14 guardian of the person;
53.15 (12) to the county medical examiner or the county coroner
53.16 for identifying or locating relatives or friends of a deceased
53.17 person;
53.18 (13) data on a child support obligor who makes payments to
53.19 the public agency may be disclosed to the higher education
53.20 services office to the extent necessary to determine eligibility
53.21 under section 136A.121, subdivision 2, clause (5);
53.22 (14) participant social security numbers and names
53.23 collected by the telephone assistance program may be disclosed
53.24 to the department of revenue to conduct an electronic data match
53.25 with the property tax refund database to determine eligibility
53.26 under section 237.70, subdivision 4a;
53.27 (15) the current address of a Minnesota family investment
53.28 program participant may be disclosed to law enforcement officers
53.29 who provide the name of the participant and notify the agency
53.30 that:
53.31 (i) the participant:
53.32 (A) is a fugitive felon fleeing to avoid prosecution, or
53.33 custody or confinement after conviction, for a crime or attempt
53.34 to commit a crime that is a felony under the laws of the
53.35 jurisdiction from which the individual is fleeing; or
53.36 (B) is violating a condition of probation or parole imposed
54.1 under state or federal law;
54.2 (ii) the location or apprehension of the felon is within
54.3 the law enforcement officer's official duties; and
54.4 (iii) the request is made in writing and in the proper
54.5 exercise of those duties;
54.6 (16) the current address of a recipient of general
54.7 assistance or general assistance medical care may be disclosed
54.8 to probation officers and corrections agents who are supervising
54.9 the recipient and to law enforcement officers who are
54.10 investigating the recipient in connection with a felony level
54.11 offense;
54.12 (17) information obtained from food stamp applicant or
54.13 recipient households may be disclosed to local, state, or
54.14 federal law enforcement officials, upon their written request,
54.15 for the purpose of investigating an alleged violation of the
54.16 Food Stamp Act, according to Code of Federal Regulations, title
54.17 7, section 272.1(c);
54.18 (18) the address, social security number, and, if
54.19 available, photograph of any member of a household receiving
54.20 food stamps shall be made available, on request, to a local,
54.21 state, or federal law enforcement officer if the officer
54.22 furnishes the agency with the name of the member and notifies
54.23 the agency that:
54.24 (i) the member:
54.25 (A) is fleeing to avoid prosecution, or custody or
54.26 confinement after conviction, for a crime or attempt to commit a
54.27 crime that is a felony in the jurisdiction the member is
54.28 fleeing;
54.29 (B) is violating a condition of probation or parole imposed
54.30 under state or federal law; or
54.31 (C) has information that is necessary for the officer to
54.32 conduct an official duty related to conduct described in subitem
54.33 (A) or (B);
54.34 (ii) locating or apprehending the member is within the
54.35 officer's official duties; and
54.36 (iii) the request is made in writing and in the proper
55.1 exercise of the officer's official duty;
55.2 (19) the current address of a recipient of Minnesota family
55.3 investment program, general assistance, general assistance
55.4 medical care, or food stamps may be disclosed to law enforcement
55.5 officers who, in writing, provide the name of the recipient and
55.6 notify the agency that the recipient is a person required to
55.7 register under section 243.166, but is not residing at the
55.8 address at which the recipient is registered under section
55.9 243.166;
55.10 (20) certain information regarding child support obligors
55.11 who are in arrears may be made public according to section
55.12 518.575;
55.13 (20) (21) data on child support payments made by a child
55.14 support obligor and data on the distribution of those payments
55.15 excluding identifying information on obligees may be disclosed
55.16 to all obligees to whom the obligor owes support, and data on
55.17 the enforcement actions undertaken by the public authority, the
55.18 status of those actions, and data on the income of the obligor
55.19 or obligee may be disclosed to the other party;
55.20 (21) (22) data in the work reporting system may be
55.21 disclosed under section 256.998, subdivision 7;
55.22 (22) (23) to the department of children, families, and
55.23 learning for the purpose of matching department of children,
55.24 families, and learning student data with public assistance data
55.25 to determine students eligible for free and reduced price meals,
55.26 meal supplements, and free milk according to United States Code,
55.27 title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to
55.28 allocate federal and state funds that are distributed based on
55.29 income of the student's family; and to verify receipt of energy
55.30 assistance for the telephone assistance plan;
55.31 (23) (24) the current address and telephone number of
55.32 program recipients and emergency contacts may be released to the
55.33 commissioner of health or a local board of health as defined in
55.34 section 145A.02, subdivision 2, when the commissioner or local
55.35 board of health has reason to believe that a program recipient
55.36 is a disease case, carrier, suspect case, or at risk of illness,
56.1 and the data are necessary to locate the person;
56.2 (24) (25) to other state agencies, statewide systems, and
56.3 political subdivisions of this state, including the attorney
56.4 general, and agencies of other states, interstate information
56.5 networks, federal agencies, and other entities as required by
56.6 federal regulation or law for the administration of the child
56.7 support enforcement program;
56.8 (25) (26) to personnel of public assistance programs as
56.9 defined in section 256.741, for access to the child support
56.10 system database for the purpose of administration, including
56.11 monitoring and evaluation of those public assistance programs;
56.12 (26) (27) to monitor and evaluate the Minnesota family
56.13 investment program by exchanging data between the departments of
56.14 human services and children, families, and learning, on
56.15 recipients and former recipients of food stamps, cash assistance
56.16 under chapter 256, 256D, 256J, or 256K, child care assistance
56.17 under chapter 119B, or medical programs under chapter 256B,
56.18 256D, or 256L; or
56.19 (27) (28) to evaluate child support program performance and
56.20 to identify and prevent fraud in the child support program by
56.21 exchanging data between the department of human services,
56.22 department of revenue under section 270B.14, subdivision 1,
56.23 paragraphs (a) and (b), without regard to the limitation of use
56.24 in paragraph (c), department of health, department of economic
56.25 security, and other state agencies as is reasonably necessary to
56.26 perform these functions.
56.27 (b) Information on persons who have been treated for drug
56.28 or alcohol abuse may only be disclosed according to the
56.29 requirements of Code of Federal Regulations, title 42, sections
56.30 2.1 to 2.67.
56.31 (c) Data provided to law enforcement agencies under
56.32 paragraph (a), clause (15), (16), (17), or (18), or paragraph
56.33 (b), are investigative data and are confidential or protected
56.34 nonpublic while the investigation is active. The data are
56.35 private after the investigation becomes inactive under section
56.36 13.82, subdivision 5, paragraph (a) or (b).
57.1 (d) Mental health data shall be treated as provided in
57.2 subdivisions 7, 8, and 9, but is not subject to the access
57.3 provisions of subdivision 10, paragraph (b).
57.4 For the purposes of this subdivision, a request will be
57.5 deemed to be made in writing if made through a computer
57.6 interface system.
57.7 Sec. 2. Minnesota Statutes 1998, section 13.54,
57.8 subdivision 6, is amended to read:
57.9 Subd. 6. [LAW ENFORCEMENT ACCESS TO CERTAIN DATA.] A
57.10 public housing agency that enters a contract for assistance
57.11 under United States Code, title 42, sections 1437 to 1440, shall
57.12 furnish a local, state, or federal law enforcement officer, upon
57.13 the officer's request, with the current address, social security
57.14 number, and photograph, if available, of a recipient of
57.15 assistance under United States Code, title 42, sections 1437 to
57.16 1440, if the officer:
57.17 (1) provides the name of the recipient to the housing
57.18 agency; and
57.19 (2) notifies the agency that:
57.20 (i) the recipient:
57.21 (A) is fleeing to avoid prosecution, or custody or
57.22 confinement after conviction, under the laws of the jurisdiction
57.23 from which the individual is fleeing, for a crime which is a
57.24 felony under the laws of that jurisdiction;
57.25 (B) is violating a condition of probation or parole imposed
57.26 under state or federal law; or
57.27 (C) is a person required to register under section 243.166
57.28 and is not residing at the address at which the person is
57.29 registered under section 243.166; or
57.30 (D) has information necessary for the officer to conduct
57.31 the officer's official duties;
57.32 (ii) the location or apprehension of the individual is
57.33 within the officer's official duties; and
57.34 (iii) the request is made in writing and in the proper
57.35 exercise of the officer's official duties.
57.36 Sec. 3. [176.862] [DISCLOSURE TO LAW ENFORCEMENT.]
58.1 The commissioner must disclose the current address of an
58.2 employee collected or maintained under this chapter to law
58.3 enforcement officers who provide the name of the employee and
58.4 notify the commissioner that the employee is a person required
58.5 to register under section 243.166 and is not residing at the
58.6 address at which the employee is registered under section
58.7 243.166.