HF 2700

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

A bill for an act
relating to public safety; requiring risk-level assessments for predatory offenders
who are not committed to the custody of the commissioner of corrections;
expanding the authority of probation officers and peace officers to share
predatory offender information with potential victims; appropriating money;
amending Minnesota Statutes 2004, section 244.052, subdivision 6, by adding a
subdivision; Minnesota Statutes 2005 Supplement, sections 244.052, subdivision
4; 244.10, subdivision 8.

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

Section 1.

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

new text begin Subd. 3b. new text end

new text begin Risk assessment for predatory offenders not sent to prison;
end-of-probation review committee. new text end

new text begin (a) Each probation agency that supervises predatory
offenders must establish an end-of-probation review committee to assign a risk level
to offenders who were convicted of crimes that require predatory offender registration
under section 243.166 but who were not committed to the custody of the commissioner
of corrections.
new text end

new text begin (b) Each committee shall be a standing committee and shall consist of the following
members appointed by the head of the probation agency:
new text end

new text begin (1) the sheriff or head of the jail or treatment facility where the offender served time,
if any, or that person's designee;
new text end

new text begin (2) a law enforcement officer;
new text end

new text begin (3) a treatment professional who is trained in the assessment of sex offenders;
new text end

new text begin (4) a caseworker experienced in supervising sex offenders; and
new text end

new text begin (5) a victim's services professional.
new text end

new text begin Members of the committee, other than the sheriff or head of the jail or treatment
facility, shall be appointed by the head of the probation agency to two-year terms. The
sheriff or head of the jail or facility, or a designee, shall act as chair of the committee and
shall use the sheriff's staff, as needed, to administer the committee, obtain necessary
information from outside sources, and prepare risk assessment reports on offenders.
new text end

new text begin (c) The committee has the same rights and duties regarding a predatory offender's
data that are established for end-of-confinement review committees under subdivision 3,
paragraph (c).
new text end

new text begin (d)(1) Except as otherwise provided in clause (2), at least 90 days before a predatory
offender's term of probation is scheduled to expire, the head of the probation agency shall
convene the end-of-probation review committee for the purpose of assessing the risk
presented by the offender and determining the risk level to which the offender shall be
assigned under paragraph (e). The offender and the law enforcement agency that was
responsible for the charge resulting in probation shall be notified of the time and place
of the committee's meeting. The offender has a right to be present and be heard at the
meeting. The law enforcement agency may provide material in writing that is relevant to
the offender's risk level to the chair of the committee. The committee shall use the risk
factors described in subdivision 3, paragraph (g), and the risk assessment scale developed
under subdivision 2 to determine the offender's risk assessment score and risk level.
new text end

new text begin (2) If an offender is placed on probation for less than 90 days, the offender's risk
shall be assessed at the first regularly scheduled end-of-probation review committee
meeting that convenes after the appropriate documentation for the risk assessment is
assembled by the committee. The commissioner shall make reasonable efforts to ensure
that the offender's risk is assessed and a risk level is assigned or reassigned at least 30
days before the offender's probation termination date.
new text end

new text begin (e) The committee shall assign to risk level I a predatory offender whose risk
assessment score indicates a low risk of reoffense. The committee shall assign to risk level
II an offender whose risk assessment score indicates a moderate risk of reoffense. The
committee shall assign to risk level III an offender whose risk assessment score indicates
a high risk of reoffense.
new text end

new text begin (f) Before the predatory offender's probation termination date, the committee shall
prepare a risk assessment report that specifies the risk level to which the offender has
been assigned and the reasons underlying the committee's risk assessment decision. The
committee shall give the report to the offender and to the law enforcement agency at least
15 days before the offender's probation terminates. If the risk assessment is performed
under the circumstances described in paragraph (d), clause (2), the report shall be given to
the offender and the law enforcement agency as soon as it is available. The committee
also shall inform the offender of the availability of review under subdivision 6.
new text end

new text begin (g) As used in this subdivision, "risk factors" has the meaning given in subdivision
3, paragraph (g).
new text end

new text begin (h) Upon the request of the law enforcement agency or the offender's probation
officer, the sheriff may reconvene the end-of-probation review committee for the purpose
of reassessing the risk level to which an offender has been assigned under paragraph (e).
In a request for a reassessment, the law enforcement agency that was responsible for
the charge resulting in confinement or probation shall list the facts and circumstances
arising after the initial assignment or facts and circumstances known to law enforcement
or the agent but not considered by the committee under paragraph (e) that support
the request for a reassessment. The request for reassessment by the law enforcement
agency must occur within 30 days of receipt of the report indicating the offender's
risk-level assignment. The offender's probation agent, in consultation with the chief
law enforcement officer in the area where the offender resides or intends to reside, may
request a review of a risk level at any time if substantial evidence exists that the offender's
risk level should be reviewed by an end-of-probation review committee. This evidence
includes, but is not limited to, evidence of treatment failures or completions, evidence
of exceptional crime-free community adjustment or lack of appropriate adjustment,
evidence of substantial community need to know more about the offender or mitigating
circumstances that would narrow the proposed scope of notification, or other practical
situations articulated and based in evidence of the offender's behavior. Upon review of the
request, the end-of-probation review committee may reassign an offender to a different
risk level. If the offender is reassigned to a higher risk level, the offender has the right to
seek review of the committee's determination under subdivision 6.
new text end

new text begin (i) An offender may request the end-of-probation review committee to reassess
the offender's assigned risk level after three years have elapsed since the committee's
initial risk assessment and may renew the request once every two years following
subsequent denials. In a request for reassessment, the offender shall list the facts and
circumstances that demonstrate that the offender no longer poses the same degree of risk
to the community. In order for a request for a risk-level reduction to be granted, the
offender must demonstrate full compliance with supervised release conditions, completion
of required postrelease treatment programming, and full compliance with all registration
requirements as outlined in section 243.166. The offender must also not have been
convicted of any felony, gross misdemeanor, or misdemeanor offenses subsequent to the
assignment of the original risk level. The committee shall follow the process outlined in
paragraphs (a) to (c) in the reassessment. An offender who is incarcerated may not request
a reassessment under this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 244.052, subdivision 4, is
amended to read:

Subd. 4.

Law enforcement agency; disclosure of information to public.

(a)
The law enforcement agency in the area where the predatory offender resides, expects
to reside, is employed, or is regularly found, shall disclose to the public any information
regarding the offender contained in the report forwarded to the agency under subdivision
3, paragraph (f), new text begin or 3b, paragraph (f), new text end that is relevant and necessary to protect the public
and to counteract the offender's dangerousness, consistent with the guidelines in paragraph
(b). The extent of the information disclosed and the community to whom disclosure is
made must relate to the level of danger posed by the offender, to the offender's pattern of
offending behavior, and to the need of community members for information to enhance
their individual and collective safety.

(b) The law enforcement agency shall employ the following guidelines in
determining the scope of disclosure made under this subdivision:

(1) if the offender is assigned to risk level I, the agency may maintain information
regarding the offender within the agency and may disclose it to other law enforcement
agencies. Additionally, the agency may disclose the information to any victims of or
witnesses to the offense committed by the offender. The agency shall disclose the
information to victims of the offense committed by the offender who have requested
disclosure and to adult members of the offender's immediate household;

(2) if the offender is assigned to risk level II, the agency also may disclose the
information to agencies and groups that the offender is likely to encounter for the purpose
of securing those institutions and protecting individuals in their care while they are on or
near the premises of the institution. These agencies and groups include the staff members
of public and private educational institutions, day care establishments, and establishments
and organizations that primarily serve individuals likely to be victimized by the offender.
The agency also may disclose the information to individuals the agency believes are likely
to be victimized by the offender. The agency's belief shall be based on the offender's
pattern of offending or victim preference as documented in the information provided by
the department of corrections or human services;

(3) if the offender is assigned to risk level III, the agency shall disclose the
information to the persons and entities described in clauses (1) and (2) and to other
members of the community whom the offender is likely to encounter, unless the law
enforcement agency determines that public safety would be compromised by the disclosure
or that a more limited disclosure is necessary to protect the identity of the victim.

Notwithstanding the assignment of a predatory offender to risk level II or III, a law
enforcement agency may not make the disclosures permitted or required by clause (2) or
(3), if: the offender is placed or resides in a residential facility. However, if an offender is
placed or resides in a residential facility, the offender and the head of the facility shall
designate the offender's likely residence upon release from the facility and the head of
the facility shall notify the commissioner of corrections or the commissioner of human
services of the offender's likely residence at least 14 days before the offender's scheduled
release date. The commissioner shall give this information to the law enforcement agency
having jurisdiction over the offender's likely residence. The head of the residential facility
also shall notify the commissioner of corrections or human services within 48 hours
after finalizing the offender's approved relocation plan to a permanent residence. Within
five days after receiving this notification, the appropriate commissioner shall give to
the appropriate law enforcement agency all relevant information the commissioner has
concerning the offender, including information on the risk factors in the offender's history
and the risk level to which the offender was assigned. After receiving this information,
the law enforcement agency shall make the disclosures permitted or required by clause
(2) or (3), as appropriate.

(c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:

(1) the organizations or community members are in a location or in close proximity
to a location where the offender lives or is employed, or which the offender visits or
is likely to visit on a regular basis, other than the location of the offender's outpatient
treatment program; and

(2) the types of interaction which ordinarily occur at that location and other
circumstances indicate that contact with the offender is reasonably certain.

(d) A law enforcement agency or official who discloses information under this
subdivision shall make a good faith effort to make the notification within 14 days of receipt
of a confirmed address from the Department of Corrections indicating that the offender
will be, or has been, released from confinement, or accepted for supervision, or has moved
to a new address and will reside at the address indicated. If a change occurs in the release
plan, this notification provision does not require an extension of the release date.

(e) A law enforcement agency or official who discloses information under this
subdivision shall not disclose the identity or any identifying characteristics of the victims
of or witnesses to the offender's offenses.

(f) A law enforcement agency shall continue to disclose information on an offender
as required by this subdivision for as long as the offender is required to register under
section 243.166. This requirement on a law enforcement agency to continue to disclose
information also applies to an offender who lacks a primary address and is registering
under section 243.166, subdivision 3a.

(g) A law enforcement agency that is disclosing information on an offender assigned
to risk level III to the public under this subdivision shall inform the commissioner of
corrections what information is being disclosed and forward this information to the
commissioner within two days of the agency's determination. The commissioner shall
post this information on the Internet as required in subdivision 4b.

(h) A city council may adopt a policy that addresses when information disclosed
under this subdivision must be presented in languages in addition to English. The policy
may address when information must be presented orally, in writing, or both in additional
languages by the law enforcement agency disclosing the information. The policy may
provide for different approaches based on the prevalence of non-English languages in
different neighborhoods.

(i) An offender who is the subject of a community notification meeting held pursuant
to this section may not attend the meeting.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 3.

Minnesota Statutes 2004, section 244.052, subdivision 6, is amended to read:

Subd. 6.

Administrative review.

(a) An offender assigned or reassigned to risk level
II or III under subdivision 3, paragraph (e) or (h), new text begin or 3b, paragraph (e) or (h), new text end has the right
to seek administrative review of an end-of-confinement new text begin or probation new text end review committee's
risk assessment determination. The offender must exercise this right within 14 days of
receiving notice of the committee's decision by notifying the chair of the committee.
Upon receiving the request for administrative review, the chair shall notify: (1) the
offender; (2) the victim or victims of the offender's offense who have requested disclosure
or their designee; (3) the law enforcement agency that investigated the offender's crime of
conviction or, where relevant, the law enforcement agency having primary jurisdiction
where the offender was committed; (4) the law enforcement agency having jurisdiction
where the offender expects to reside, providing that the release plan has been approved by
the hearings and release unit of the department of corrections; and (5) any other individuals
the chair may select. The notice shall state the time and place of the hearing. A request for
a review hearing shall not interfere with or delay the notification process under subdivision
4 or 5, unless the administrative law judge orders otherwise for good cause shown.

(b) An offender who requests a review hearing must be given a reasonable
opportunity to prepare for the hearing. The review hearing shall be conducted on the
record before an administrative law judge. The review hearing shall be conducted at
the correctional facility in which the offender is currently confined. If the offender no
longer is incarcerated, the administrative law judge shall determine the place where the
review hearing will be conducted. The offender has the burden of proof to show, by
a preponderance of the evidence, that the end-of-confinement review committee's risk
assessment determination was erroneous. The attorney general or a designee shall defend
the end-of-confinement review committee's determination. The offender has the right to
be present and be represented by counsel at the hearing, to present evidence in support
of the offender's position, to call supporting witnesses and to cross-examine witnesses
testifying in support of the committee's determination. Counsel for indigent offenders
shall be provided by the Legal Advocacy Project of the state public defender's office.

(c) After the hearing is concluded, the administrative law judge shall decide whether
the end-of-confinement review committee's risk assessment determination was erroneous
and, based on this decision, shall either uphold or modify the review committee's
determination. The judge's decision shall be in writing and shall include the judge's
reasons for the decision. The judge's decision shall be final and a copy of it shall be
given to the offender, the victim, the law enforcement agency, and the chair of the
end-of-confinement review committee.

(d) The review hearing is subject to the contested case provisions of chapter 14.

(e) The administrative law judge may seal any portion of the record of the
administrative review hearing to the extent necessary to protect the identity of a victim of
or witness to the offender's offense.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 4.

Minnesota Statutes 2005 Supplement, section 244.10, subdivision 8, is
amended to read:

Subd. 8.

Notice of information regarding predatory offenders.

(a) deleted text begin Subject
to paragraph (b), deleted text end In any case in which a person is new text begin (1) new text end convicted of an offense deleted text begin and the
presumptive sentence under the Sentencing Guidelines is commitment deleted text end new text begin that requires
predatory offender registration under section 244.166 and (2) is not committed new text end to the
custody of the commissioner of corrections, if the court grants a dispositional departure
and stays imposition or execution of sentence, the probation or court services officer
who is assigned to supervise the offender shall deleted text begin provide deleted text end new text begin inform the following, new text end in writing
deleted text begin to the following the fact deleted text end new text begin , new text end that the offender is on probation and the terms and conditions
of probation:

deleted text begin (1) deleted text end new text begin (i) new text end a victim of and any witnesses to the offense committed by the offender, if the
victim or the witness has requested notice; and

deleted text begin (2) deleted text end new text begin (ii) new text end the chief law enforcement officer in the area where the offender resides
or intends to reside.

The law enforcement officer, in consultation with the offender's probation officer,
deleted text begin may deleted text end new text begin must new text end provide deleted text begin all or part of deleted text end this information to deleted text begin any deleted text end new text begin each new text end of the following agencies or
groups the offender is likely to encounter: public and private educational institutions, day
care establishments, and establishments or organizations that primarily serve individuals
likely to be victimized by the offender. The law enforcement officer, in consultation with
the offender's probation officer, also may disclose the information to individuals the
officer believes are likely to be victimized by the offender. The officer's belief shall be
based on the offender's pattern of offending or victim preference as documented in the
information provided by the Department of Corrections or Department of Human Services.

The probation officer is not required under this subdivision to provide any notice
while the offender is placed or resides in a residential facility that is licensed under section
241.021 or 245A.02, subdivision 14, if the facility staff is trained in the supervision of
sex offenders.

deleted text begin (b) Paragraph (a) applies only to offenders required to register under section
, as a result of the conviction.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The notice authorized by paragraph (a) shall be limited to data classified as
public under section 13.84, subdivision 6, unless the offender provides informed consent
to authorize the release of nonpublic data or unless a court order authorizes the release
of nonpublic data.

deleted text begin (d) deleted text end new text begin (c) Except as specifically provided in paragraph (a), new text end nothing in this subdivision
shall be interpreted to impose a duty on any person to use any information regarding an
offender about whom notification is made under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 5. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the commissioner of corrections to
fund (1) the additional duties that sections 1 to 4 impose on the Department of Corrections
and (2) grants to local units of government to reimburse them for the additional law
enforcement, probation service, and risk-assessment costs associated with implementing
the duties created in sections 1 to 4.
new text end

new text begin This appropriation is available for the biennium ending June 30, 2007.
new text end