HF 3599

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 03:39pm

A bill for an act
relating to corrections; providing victim notice and input in end-of-confinement
review process; amending Minnesota Statutes 2022, sections 244.052, subdivision
3; 611A.06, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 244.052, subdivision 3, is amended to read:

Subd. 3.

End-of-confinement review committee.

(a) The commissioner of corrections
shall establish and administer end-of-confinement review committees at each state
correctional facility and at each state treatment facility where predatory offenders are
confined. The committees shall assess on a case-by-case basis the public risk posed by
predatory offenders who are about to be released from confinement.

(b) Each committee shall be a standing committee and shall consist of the following
members appointed by the commissioner:

(1) the chief executive officer or head of the correctional or treatment facility where the
offender is currently confined, or that person's designee;

(2) a law enforcement officer;

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

(4) a caseworker experienced in supervising sex offenders; and

(5) a victim's services professional.

Members of the committee, other than the facility's chief executive officer or head, shall
be appointed by the commissioner to two-year terms. The chief executive officer or head
of the facility or designee shall act as chair of the committee and shall use the facility's staff,
as needed, to administer the committee, obtain necessary information from outside sources,
and prepare risk assessment reports on offenders.

(c) The committee shall have access to the following data on a predatory offender only
for the purposes of its assessment and to defend the committee's risk assessment
determination upon administrative review under this section:

(1) private medical data under section 13.384 or sections 144.291 to 144.298, or welfare
data under section 13.46 that relate to medical treatment of the offender;

(2) private and confidential court services data under section 13.84;

(3) private and confidential corrections data under section 13.85; and

(4) private criminal history data under section 13.87.

Data collected and maintained by the committee under this paragraph may not be
disclosed outside the committee, except as provided under section 13.05, subdivision 3 or
4. The predatory offender has access to data on the offender collected and maintained by
the committee, unless the data are confidential data received under this paragraph.

(d)(i) Except as otherwise provided in items (ii), (iii), and (iv), at least 90 days before a
predatory offender is to be released from confinement, the commissioner of corrections
shall convene the appropriate end-of-confinement 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 confinement 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 new text begin , agent, and victim new text end 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 paragraph (g) and the risk assessment scale
developed under subdivision 2 to determine the offender's risk assessment score and risk
level. Offenders scheduled for release from confinement shall be assessed by the committee
established at the facility from which the offender is to be released.

(ii) If an offender is received for confinement in a facility with less than 90 days remaining
in the offender's term of confinement, the offender's risk shall be assessed at the first regularly
scheduled end of confinement review committee that convenes after the appropriate
documentation for the risk assessment is assembled by the committee. The commissioner
shall make reasonable efforts to ensure that offender's risk is assessed and a risk level is
assigned or reassigned at least 30 days before the offender's release date.

(iii) If the offender is subject to a mandatory life sentence under section 609.3455,
subdivision 3 or 4, the commissioner of corrections shall convene the appropriate
end-of-confinement review committee at least nine months before the offender's minimum
term of imprisonment has been served. If the offender is received for confinement in a
facility with less than nine months remaining before the offender's minimum term of
imprisonment has been served, the committee shall conform its procedures to those outlined
in item (ii) to the extent practicable.

(iv) If the offender is granted supervised release, the commissioner of corrections shall
notify the appropriate end-of-confinement review committee that it needs to review the
offender's previously determined risk level at its next regularly scheduled meeting. The
commissioner shall make reasonable efforts to ensure that the offender's earlier risk level
determination is reviewed and the risk level is confirmed or reassigned at least 60 days
before the offender's release date. The committee shall give the report to the offender and
to the law enforcement agency new text begin , and the commissioner shall provide notice of the risk level
assignment to the victim, if requested, new text end at least 60 days before an offender is released from
confinement.

(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.

(f) Before the predatory offender is released from confinement, the committee shall
prepare a risk assessment report which specifies the risk level to which the offender has
been assigned and the reasons underlying the committee's risk assessment decision. Except
for an offender subject to a mandatory life sentence under section 609.3455, subdivision 3
or 4, who has not been granted supervised release, the committee shall give the report to
the offender and to the law enforcement agency new text begin , and the commissioner shall provide notice
of the risk level assignment to the victim, if requested, new text end at least 60 days before an offender
is released from confinement. If the offender is subject to a mandatory life sentence and
has not yet served the entire minimum term of imprisonment, the committee shall give the
report to the offender and to the commissioner at least six months before the offender is
first eligible for release. If the risk assessment is performed under the circumstances described
in paragraph (d), item (ii), 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.

(g) As used in this subdivision, "risk factors" includes, but is not limited to, the following
factors:

(1) the seriousness of the offense should the offender reoffend. This factor includes
consideration of the following:

(i) the degree of likely force or harm;

(ii) the degree of likely physical contact; and

(iii) the age of the likely victim;

(2) the offender's prior offense history. This factor includes consideration of the following:

(i) the relationship of prior victims to the offender;

(ii) the number of prior offenses or victims;

(iii) the duration of the offender's prior offense history;

(iv) the length of time since the offender's last prior offense while the offender was at
risk to commit offenses; and

(v) the offender's prior history of other antisocial acts;

(3) the offender's characteristics. This factor includes consideration of the following:

(i) the offender's response to prior treatment efforts; and

(ii) the offender's history of substance abuse;

(4) the availability of community supports to the offender. This factor includes
consideration of the following:

(i) the availability and likelihood that the offender will be involved in therapeutic
treatment;

(ii) the availability of residential supports to the offender, such as a stable and supervised
living arrangement in an appropriate location;

(iii) the offender's familial and social relationships, including the nature and length of
these relationships and the level of support that the offender may receive from these persons;
and

(iv) the offender's lack of education or employment stability;

(5) whether the offender has indicated or credible evidence in the record indicates that
the offender will reoffend if released into the community; and

(6) whether the offender demonstrates a physical condition that minimizes the risk of
reoffense, including but not limited to, advanced age or a debilitating illness or physical
condition.

(h) Upon the request of the law enforcement agency or the offender's corrections agent,
the commissioner may reconvene the end-of-confinement 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 which was responsible for the
charge resulting in confinement or agent 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) which 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 corrections 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-confinement 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 while under supervision. Upon review of the request, the
end-of-confinement 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.

(i) An offender may request the end-of-confinement 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
which 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
post-release treatment programming, and full compliance with all registration requirements
as detailed 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.

(j) Offenders returned to prison as release violators shall not have a right to a subsequent
risk reassessment by the end-of-confinement review committee unless substantial evidence
indicates that the offender's risk to the public has increased.

(k) If the committee assigns a predatory offender to risk level III, the committee shall
determine whether residency restrictions shall be included in the conditions of the offender's
release based on the offender's pattern of offending behavior.

Sec. 2.

Minnesota Statutes 2022, section 611A.06, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Notice of end-of-confinement review committee process and opportunity
to provide input. new text end

new text begin If an individual scheduled to be released from imprisonment is subject
to an end-of-confinement review under section 244.052, the commissioner of corrections
shall make a good faith effort to notify the victim of the end-of-confinement review process
and that the victim has a right to submit written input for consideration at the
end-of-confinement review hearing. The victim has a continuing right to submit input if the
end-of-confinement review committee receives a request to reassess the individual's assigned
risk level. These notices shall only be provided to victims who have submitted a written
request for this notice to the commissioner of corrections or an electronic request through
the Department of Corrections electronic victim notification system. The good faith effort
to notify the victim must occur before the offender's end-of-confinement review hearing.
new text end