HF 3555

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 04:07pm

A bill for an act
relating to public safety; requiring data collection and analysis of the state's
predatory offender system; requiring a report; amending Minnesota Statutes 2022,
sections 13.82, by adding a subdivision; 243.166, subdivisions 6, 7, by adding a
subdivision; 244.09, by adding a subdivision; 260B.198, subdivision 7; Minnesota
Statutes 2023 Supplement, section 243.166, subdivision 1b.

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

Section 1.

Minnesota Statutes 2022, section 13.82, is amended by adding a subdivision
to read:

new text begin Subd. 33. new text end

new text begin Predatory offender data collected by the Sentencing Guidelines
Commission. new text end

new text begin Data on registered predatory offenders collected by the Sentencing Guidelines
Commission under section 244.09, subdivision 15, are governed by that subdivision.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 243.166, subdivision 1b, is amended
to read:

Subd. 1b.

Registration required.

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

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

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

(ii) kidnapping under section 609.25;

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

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

(v) surreptitious intrusion under the circumstances described in section 609.746,
subdivision 1, paragraph (h);

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

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

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

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

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

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

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

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

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

(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to an offense or involving similar circumstances to an offense described in clause (1), (2),
or (3), and convicted of or adjudicated delinquent for that offense or another offense arising
out of the same set of circumstances.

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

(1) the person was charged with or petitioned for an offense in another state similar to
an offense or involving similar circumstances to an offense described in paragraph (a),
clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another
offense arising out of the same set of circumstances;

(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer or for an aggregate period of time exceeding 30 days during
any calendar year; and

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

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

(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, and applies to crimes
committed before, on, or after that date.
new text end

Sec. 3.

Minnesota Statutes 2022, section 243.166, subdivision 6, is amended to read:

Subd. 6.

Registration period.

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

(b) If a person required to register under this section fails to provide the person's primary
address as required by subdivision 3, paragraph (b), fails to comply with the requirements
of subdivision 3a, fails to provide information as required by subdivision 4a, or fails to
return the verification form referenced in subdivision 4 within ten days, the commissioner
of public safety shall require the person to continue to register for an additional period of
five years. This five-year period is added to the end of the offender's registration period.

(c) If a person required to register under this section is incarcerated due to a conviction
for a new offense new text begin that requires registration under this section or section 243.166 new text end or following
a revocation of probation, supervised release, or conditional release for any offense, the
person shall continue to register until ten years have elapsed since the person was last
released from incarceration or until the person's probation, supervised release, or conditional
release period expires, whichever occurs later.

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

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

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

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

(4) if the person is required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of
another state or the United States.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, and applies to crimes
committed before, on, or after that date.
new text end

Sec. 4.

Minnesota Statutes 2022, section 243.166, subdivision 7, is amended to read:

Subd. 7.

Use of data.

(a) Except as otherwise provided in subdivision 4b or 7a or sections
244.052 and 299C.093, the data provided under this section is private data on individuals
under section 13.02, subdivision 12.

(b) The data may be used only by law enforcement and corrections agencies for law
enforcement and corrections purposes. Law enforcement or a corrections agent may disclose
the status of an individual as a predatory offender to a child protection worker with a local
welfare agency for purposes of doing a family assessment under chapter 260E. A corrections
agent may also disclose the status of an individual as a predatory offender to comply with
section 244.057.

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

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

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

new text begin (d) The Sentencing Guidelines Commission may access the data for the purposes
described in section 244.09, subdivision 15.
new text end

Sec. 5.

Minnesota Statutes 2022, section 243.166, is amended by adding a subdivision to
read:

new text begin Subd. 12. new text end

new text begin Data collection. new text end

new text begin (a) The commissioner shall establish procedures to ensure
that all actions in which not public data, as defined in section 13.02, subdivision 8a, provided
under this section is accessed, shared, or disseminated are recorded in a data audit trail. The
audit trail must record:
new text end

new text begin (1) the name of the agency that employs the person who accessed the data;
new text end

new text begin (2) the date the data was accessed; and
new text end

new text begin (3) the names of offenders associated with records reviewed by the authorized user.
new text end

new text begin (b) For each time an authorized user accesses the data, the commissioner shall submit
a request to the agency that employs the user who accessed the data no sooner than three
months after the date of access for the following information:
new text end

new text begin (1) the purpose for accessing the data, including the nature of any criminal activity that
prompted use of the registry;
new text end

new text begin (2) whether data unique to the registry was used to investigate a crime and resulted in
clearing, apprehending a suspect, or criminal charges being pursued against a suspect for a
predatory or other offense; and
new text end

new text begin (3) if there is data responsive to clause (2), whether the crime was a predatory crime and
the level of that crime.
new text end

new text begin (c) An agency that receives a request under this section shall reply on a paper or electronic
form created by the commissioner for this purpose.
new text end

new text begin (d) If an agency receives a request under this section and the case remains open, the
agency obligation to reply to the commissioner's request is ongoing and must be fulfilled
within 60 days of the agency closing the case.
new text end

new text begin (e) Data collected, created, received, or disseminated pursuant to this subdivision are
classified as confidential data on individuals, as defined in section 13.02, subdivision 3.
new text end

Sec. 6.

Minnesota Statutes 2022, section 244.09, is amended by adding a subdivision to
read:

new text begin Subd. 16. new text end

new text begin Predatory offender data collection; report. new text end

new text begin (a) The Sentencing Guidelines
Commission shall collect data on offenders required to register as predatory offenders and
data created under section 243.166, subdivision 12, as required under this subdivision. The
purpose of the data collection is for the legislature to assess the effectiveness of the predatory
offender registry in solving crimes.
new text end

new text begin (b) The commission, in coordination with the state court administrator, the commissioner
of corrections, and the Bureau of Criminal Apprehension, shall collect the following data
related to predatory offenders and the predatory offender registry:
new text end

new text begin (1) the offense that required each offender to register, specifying if the offender was
convicted of the registrable offense or an offense that arose out of the same set of
circumstances, and the judicial district where the offense was prosecuted;
new text end

new text begin (2) the total number of offenders who have to extend their original registration period
for any reason, including the reason for the extension and how far into their registration
period the offenders were when the registration period was extended;
new text end

new text begin (3) the number of offenders who have to extend their registration period for a new
conviction including both for an additional registrable offense and a new conviction resulting
in imprisonment, including identifying the level of each offense and if an offense is a
predatory offense under section 243.166, subdivision 1b;
new text end

new text begin (4) the number of offenders who have to extend their registration period for a new sex
offense or an abduction with the offenses sorted by adult and child victims;
new text end

new text begin (5) the number of offenders who have to extend their registration period due to a failure
to comply with the registration requirements and the violation that triggered extended
registration;
new text end

new text begin (6) the number of offenders who are juveniles or began their registration period when
they were juveniles;
new text end

new text begin (7) the total number of juveniles who have been ordered to register since 1991;
new text end

new text begin (8) the criminal histories of registered offenders;
new text end

new text begin (9) the race of registered offenders; and
new text end

new text begin (10) any other data relevant to the purpose set forth in paragraph (a).
new text end

new text begin (c) Data on offenders collected by the commission under this subdivision are classified
as private data on individuals, as defined in section 13.02, subdivision 12, except that any
data collected under this subdivision that are classified as confidential data on individuals
retain that classification.
new text end

new text begin (d) The commission shall include in its annual report to the legislature a report containing
summary data, as defined in section 13.02, subdivision 19, derived from the predatory
offender data collected pursuant to this subdivision.
new text end

Sec. 7.

Minnesota Statutes 2022, section 260B.198, subdivision 7, is amended to read:

Subd. 7.

Continuance.

(a) When it is in the best interests of the child to do so and not
inimical to public safety and when the child has admitted the allegations contained in the
petition before the judge or referee, or when a hearing has been held as provided for in
section 260B.163 and the allegations contained in the petition have been duly proven but,
in either case, before a finding of delinquency has been entered, the court may continue the
case for a period not to exceed 180 days on any one order. new text begin Except as otherwise provided in
paragraph (c), new text end the continuance may be extended for one additional successive period not to
exceed 180 days, but only with the consent of the prosecutor and only after the court has
reviewed the case and entered its order for the additional continuance without a finding of
delinquency. During a continuance the court may enter an order in accordance with the
provisions of subdivision 1, except clause (4), or enter an order to hold the child in detention
for a period not to exceed 15 days on any one order for the purpose of completing any
consideration, or any investigation or examination ordered in accordance with the provisions
of section 260B.157.

(b) A prosecutor may appeal a continuance ordered in contravention of this subdivision.
This subdivision does not extend the court's jurisdiction under section 260B.193 and does
not apply to an extended jurisdiction juvenile proceeding.

new text begin (c) A continuance granted under paragraph (a) for a violation of section 609.342; 609.343;
609.344; 609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23 or another offense
arising out of a delinquency petition based on one or more of those sections that would
require the child to register as a predatory offender under section 243.166 may be extended
for additional successive periods not to exceed a total of 24 months so the offender can
receive sex offender treatment, but only with the consent of the prosecutor and only after
the court has reviewed the case and entered its order for the additional continuance without
a finding of delinquency.
new text end