1.1 	A bill for an act
1.2 	relating to public safety; requiring risk-level assessments for predatory offenders 
1.3 	who are not committed to the custody of the commissioner of corrections; 
1.4 	expanding the authority of probation officers and peace officers to share 
1.5 	predatory offender information with potential victims; appropriating money; 
1.6 	amending Minnesota Statutes 2004, section 244.052, subdivision 6, by adding a 
1.7 	subdivision; Minnesota Statutes 2005 Supplement, sections 244.052, subdivision 
1.8 	4; 244.10, subdivision 8.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2004, section 244.052, is amended by adding a 
1.11 	subdivision to read:
1.12 		Subd. 3b.Risk assessment for predatory offenders not sent to prison; 
1.13 	end-of-probation review committee. (a) Each probation agency that supervises predatory 
1.14 	offenders must establish an end-of-probation review committee to assign a risk level 
1.15 	to offenders who were convicted of crimes that require predatory offender registration 
1.16 	under section 243.166 but who were not committed to the custody of the commissioner 
1.17 	of corrections.
1.18 	(b) Each committee shall be a standing committee and shall consist of the following 
1.19 	members appointed by the head of the probation agency:
1.20 	(1) the sheriff or head of the jail or treatment facility where the offender served time, 
1.21 	if any, or that person's designee;
1.22 	(2) a law enforcement officer;
1.23 	(3) a treatment professional who is trained in the assessment of sex offenders;
1.24 	(4) a caseworker experienced in supervising sex offenders; and
1.25 	(5) a victim's services professional.
2.1 	Members of the committee, other than the sheriff or head of the jail or treatment 
2.2 	facility, shall be appointed by the head of the probation agency to two-year terms. The 
2.3 	sheriff or head of the jail or facility, or a designee, shall act as chair of the committee and 
2.4 	shall use the sheriff's staff, as needed, to administer the committee, obtain necessary 
2.5 	information from outside sources, and prepare risk assessment reports on offenders.
2.6 	(c) The committee has the same rights and duties regarding a predatory offender's 
2.7 	data that are established for end-of-confinement review committees under subdivision 3, 
2.8 	paragraph (c).
2.9 	(d)(1) Except as otherwise provided in clause (2), at least 90 days before a predatory 
2.10 	offender's term of probation is scheduled to expire, the head of the probation agency shall 
2.11 	convene the end-of-probation review committee for the purpose of assessing the risk 
2.12 	presented by the offender and determining the risk level to which the offender shall be 
2.13 	assigned under paragraph (e). The offender and the law enforcement agency that was 
2.14 	responsible for the charge resulting in probation shall be notified of the time and place 
2.15 	of the committee's meeting. The offender has a right to be present and be heard at the 
2.16 	meeting. The law enforcement agency may provide material in writing that is relevant to 
2.17 	the offender's risk level to the chair of the committee. The committee shall use the risk 
2.18 	factors described in subdivision 3, paragraph (g), and the risk assessment scale developed 
2.19 	under subdivision 2 to determine the offender's risk assessment score and risk level. 
2.20 	(2) If an offender is placed on probation for less than 90 days, the offender's risk 
2.21 	shall be assessed at the first regularly scheduled end-of-probation review committee 
2.22 	meeting that convenes after the appropriate documentation for the risk assessment is 
2.23 	assembled by the committee. The commissioner shall make reasonable efforts to ensure 
2.24 	that the offender's risk is assessed and a risk level is assigned or reassigned at least 30 
2.25 	days before the offender's probation termination date.
2.26 	(e) The committee shall assign to risk level I a predatory offender whose risk 
2.27 	assessment score indicates a low risk of reoffense. The committee shall assign to risk level 
2.28 	II an offender whose risk assessment score indicates a moderate risk of reoffense. The 
2.29 	committee shall assign to risk level III an offender whose risk assessment score indicates 
2.30 	a high risk of reoffense.
2.31 	(f) Before the predatory offender's probation termination date, the committee shall 
2.32 	prepare a risk assessment report that specifies the risk level to which the offender has 
2.33 	been assigned and the reasons underlying the committee's risk assessment decision. The 
2.34 	committee shall give the report to the offender and to the law enforcement agency at least 
2.35 	15 days before the offender's probation terminates. If the risk assessment is performed 
2.36 	under the circumstances described in paragraph (d), clause (2), the report shall be given to 
3.1 	the offender and the law enforcement agency as soon as it is available. The committee 
3.2 	also shall inform the offender of the availability of review under subdivision 6.
3.3 	(g) As used in this subdivision, "risk factors" has the meaning given in subdivision 
3.4 	3, paragraph (g).
3.5 	(h) Upon the request of the law enforcement agency or the offender's probation 
3.6 	officer, the sheriff may reconvene the end-of-probation review committee for the purpose 
3.7 	of reassessing the risk level to which an offender has been assigned under paragraph (e). 
3.8 	In a request for a reassessment, the law enforcement agency that was responsible for 
3.9 	the charge resulting in confinement or probation shall list the facts and circumstances 
3.10 	arising after the initial assignment or facts and circumstances known to law enforcement 
3.11 	or the agent but not considered by the committee under paragraph (e) that support 
3.12 	the request for a reassessment. The request for reassessment by the law enforcement 
3.13 	agency must occur within 30 days of receipt of the report indicating the offender's 
3.14 	risk-level assignment. The offender's probation agent, in consultation with the chief 
3.15 	law enforcement officer in the area where the offender resides or intends to reside, may 
3.16 	request a review of a risk level at any time if substantial evidence exists that the offender's 
3.17 	risk level should be reviewed by an end-of-probation review committee. This evidence 
3.18 	includes, but is not limited to, evidence of treatment failures or completions, evidence 
3.19 	of exceptional crime-free community adjustment or lack of appropriate adjustment, 
3.20 	evidence of substantial community need to know more about the offender or mitigating 
3.21 	circumstances that would narrow the proposed scope of notification, or other practical 
3.22 	situations articulated and based in evidence of the offender's behavior. Upon review of the 
3.23 	request, the end-of-probation review committee may reassign an offender to a different 
3.24 	risk level. If the offender is reassigned to a higher risk level, the offender has the right to 
3.25 	seek review of the committee's determination under subdivision 6.
3.26 	(i) An offender may request the end-of-probation review committee to reassess 
3.27 	the offender's assigned risk level after three years have elapsed since the committee's 
3.28 	initial risk assessment and may renew the request once every two years following 
3.29 	subsequent denials. In a request for reassessment, the offender shall list the facts and 
3.30 	circumstances that demonstrate that the offender no longer poses the same degree of risk 
3.31 	to the community. In order for a request for a risk-level reduction to be granted, the 
3.32 	offender must demonstrate full compliance with supervised release conditions, completion 
3.33 	of required postrelease treatment programming, and full compliance with all registration 
3.34 	requirements as outlined in section 243.166. The offender must also not have been 
3.35 	convicted of any felony, gross misdemeanor, or misdemeanor offenses subsequent to the 
3.36 	assignment of the original risk level. The committee shall follow the process outlined in 
4.1 	paragraphs (a) to (c) in the reassessment. An offender who is incarcerated may not request 
4.2 	a reassessment under this paragraph.

4.3 	EFFECTIVE DATE. This section is effective July 1, 2006.

4.4 	Sec. 2. Minnesota Statutes 2005 Supplement, section 244.052, subdivision 4, is 
4.5 	amended to read:
4.6 		Subd. 4.Law enforcement agency; disclosure of information to public. (a) 
4.7 	The law enforcement agency in the area where the predatory offender resides, expects 
4.8 	to reside, is employed, or is regularly found, shall disclose to the public any information 
4.9 	regarding the offender contained in the report forwarded to the agency under subdivision 
4.10 	3, paragraph (f), or 3b, paragraph (f), that is relevant and necessary to protect the public 
4.11 	and to counteract the offender's dangerousness, consistent with the guidelines in paragraph 
4.12 	(b). The extent of the information disclosed and the community to whom disclosure is 
4.13 	made must relate to the level of danger posed by the offender, to the offender's pattern of 
4.14 	offending behavior, and to the need of community members for information to enhance 
4.15 	their individual and collective safety.
4.16 	(b) The law enforcement agency shall employ the following guidelines in 
4.17 	determining the scope of disclosure made under this subdivision:
4.18 	(1) if the offender is assigned to risk level I, the agency may maintain information 
4.19 	regarding the offender within the agency and may disclose it to other law enforcement 
4.20 	agencies. Additionally, the agency may disclose the information to any victims of or 
4.21 	witnesses to the offense committed by the offender. The agency shall disclose the 
4.22 	information to victims of the offense committed by the offender who have requested 
4.23 	disclosure and to adult members of the offender's immediate household;
4.24 	(2) if the offender is assigned to risk level II, the agency also may disclose the 
4.25 	information to agencies and groups that the offender is likely to encounter for the purpose 
4.26 	of securing those institutions and protecting individuals in their care while they are on or 
4.27 	near the premises of the institution. These agencies and groups include the staff members 
4.28 	of public and private educational institutions, day care establishments, and establishments 
4.29 	and organizations that primarily serve individuals likely to be victimized by the offender. 
4.30 	The agency also may disclose the information to individuals the agency believes are likely 
4.31 	to be victimized by the offender. The agency's belief shall be based on the offender's 
4.32 	pattern of offending or victim preference as documented in the information provided by 
4.33 	the department of corrections or human services;
4.34 	(3) if the offender is assigned to risk level III, the agency shall disclose the 
4.35 	information to the persons and entities described in clauses (1) and (2) and to other 
5.1 	members of the community whom the offender is likely to encounter, unless the law 
5.2 	enforcement agency determines that public safety would be compromised by the disclosure 
5.3 	or that a more limited disclosure is necessary to protect the identity of the victim.
5.4 	Notwithstanding the assignment of a predatory offender to risk level II or III, a law 
5.5 	enforcement agency may not make the disclosures permitted or required by clause (2) or 
5.6 	(3), if: the offender is placed or resides in a residential facility. However, if an offender is 
5.7 	placed or resides in a residential facility, the offender and the head of the facility shall 
5.8 	designate the offender's likely residence upon release from the facility and the head of 
5.9 	the facility shall notify the commissioner of corrections or the commissioner of human 
5.10 	services of the offender's likely residence at least 14 days before the offender's scheduled 
5.11 	release date. The commissioner shall give this information to the law enforcement agency 
5.12 	having jurisdiction over the offender's likely residence. The head of the residential facility 
5.13 	also shall notify the commissioner of corrections or human services within 48 hours 
5.14 	after finalizing the offender's approved relocation plan to a permanent residence. Within 
5.15 	five days after receiving this notification, the appropriate commissioner shall give to 
5.16 	the appropriate law enforcement agency all relevant information the commissioner has 
5.17 	concerning the offender, including information on the risk factors in the offender's history 
5.18 	and the risk level to which the offender was assigned. After receiving this information, 
5.19 	the law enforcement agency shall make the disclosures permitted or required by clause 
5.20 	(2) or (3), as appropriate.
5.21 	(c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:
5.22 	(1) the organizations or community members are in a location or in close proximity 
5.23 	to a location where the offender lives or is employed, or which the offender visits or 
5.24 	is likely to visit on a regular basis, other than the location of the offender's outpatient 
5.25 	treatment program; and
5.26 	(2) the types of interaction which ordinarily occur at that location and other 
5.27 	circumstances indicate that contact with the offender is reasonably certain.
5.28 	(d) A law enforcement agency or official who discloses information under this 
5.29 	subdivision shall make a good faith effort to make the notification within 14 days of receipt 
5.30 	of a confirmed address from the Department of Corrections indicating that the offender 
5.31 	will be, or has been, released from confinement, or accepted for supervision, or has moved 
5.32 	to a new address and will reside at the address indicated. If a change occurs in the release 
5.33 	plan, this notification provision does not require an extension of the release date.
5.34 	(e) A law enforcement agency or official who discloses information under this 
5.35 	subdivision shall not disclose the identity or any identifying characteristics of the victims 
5.36 	of or witnesses to the offender's offenses.
6.1 	(f) A law enforcement agency shall continue to disclose information on an offender 
6.2 	as required by this subdivision for as long as the offender is required to register under 
6.3 	section 243.166. This requirement on a law enforcement agency to continue to disclose 
6.4 	information also applies to an offender who lacks a primary address and is registering 
6.5 	under section 243.166, subdivision 3a.
6.6 	(g) A law enforcement agency that is disclosing information on an offender assigned 
6.7 	to risk level III to the public under this subdivision shall inform the commissioner of 
6.8 	corrections what information is being disclosed and forward this information to the 
6.9 	commissioner within two days of the agency's determination. The commissioner shall 
6.10 	post this information on the Internet as required in subdivision 4b.
6.11 	(h) A city council may adopt a policy that addresses when information disclosed 
6.12 	under this subdivision must be presented in languages in addition to English. The policy 
6.13 	may address when information must be presented orally, in writing, or both in additional 
6.14 	languages by the law enforcement agency disclosing the information. The policy may 
6.15 	provide for different approaches based on the prevalence of non-English languages in 
6.16 	different neighborhoods.
6.17 	(i) An offender who is the subject of a community notification meeting held pursuant 
6.18 	to this section may not attend the meeting.

6.19 	EFFECTIVE DATE. This section is effective July 1, 2006.

6.20 	Sec. 3. Minnesota Statutes 2004, section 244.052, subdivision 6, is amended to read:
6.21 		Subd. 6.Administrative review. (a) An offender assigned or reassigned to risk level 
6.22 	II or III under subdivision 3, paragraph (e) or (h), or 3b, paragraph (e) or (h), has the right 
6.23 	to seek administrative review of an end-of-confinement or probation review committee's 
6.24 	risk assessment determination. The offender must exercise this right within 14 days of 
6.25 	receiving notice of the committee's decision by notifying the chair of the committee. 
6.26 	Upon receiving the request for administrative review, the chair shall notify: (1) the 
6.27 	offender; (2) the victim or victims of the offender's offense who have requested disclosure 
6.28 	or their designee; (3) the law enforcement agency that investigated the offender's crime of 
6.29 	conviction or, where relevant, the law enforcement agency having primary jurisdiction 
6.30 	where the offender was committed; (4) the law enforcement agency having jurisdiction 
6.31 	where the offender expects to reside, providing that the release plan has been approved by 
6.32 	the hearings and release unit of the department of corrections; and (5) any other individuals 
6.33 	the chair may select. The notice shall state the time and place of the hearing. A request for 
6.34 	a review hearing shall not interfere with or delay the notification process under subdivision 
6.35 	4 or 5, unless the administrative law judge orders otherwise for good cause shown.
7.1 	(b) An offender who requests a review hearing must be given a reasonable 
7.2 	opportunity to prepare for the hearing. The review hearing shall be conducted on the 
7.3 	record before an administrative law judge. The review hearing shall be conducted at 
7.4 	the correctional facility in which the offender is currently confined. If the offender no 
7.5 	longer is incarcerated, the administrative law judge shall determine the place where the 
7.6 	review hearing will be conducted. The offender has the burden of proof to show, by 
7.7 	a preponderance of the evidence, that the end-of-confinement review committee's risk 
7.8 	assessment determination was erroneous. The attorney general or a designee shall defend 
7.9 	the end-of-confinement review committee's determination. The offender has the right to 
7.10 	be present and be represented by counsel at the hearing, to present evidence in support 
7.11 	of the offender's position, to call supporting witnesses and to cross-examine witnesses 
7.12 	testifying in support of the committee's determination. Counsel for indigent offenders 
7.13 	shall be provided by the Legal Advocacy Project of the state public defender's office.
7.14 	(c) After the hearing is concluded, the administrative law judge shall decide whether 
7.15 	the end-of-confinement review committee's risk assessment determination was erroneous 
7.16 	and, based on this decision, shall either uphold or modify the review committee's 
7.17 	determination. The judge's decision shall be in writing and shall include the judge's 
7.18 	reasons for the decision. The judge's decision shall be final and a copy of it shall be 
7.19 	given to the offender, the victim, the law enforcement agency, and the chair of the 
7.20 	end-of-confinement review committee.
7.21 	(d) The review hearing is subject to the contested case provisions of chapter 14.
7.22 	(e) The administrative law judge may seal any portion of the record of the 
7.23 	administrative review hearing to the extent necessary to protect the identity of a victim of 
7.24 	or witness to the offender's offense.

7.25 	EFFECTIVE DATE. This section is effective July 1, 2006.

7.26 	Sec. 4. Minnesota Statutes 2005 Supplement, section 244.10, subdivision 8, is 
7.27 	amended to read:
7.28 		Subd. 8.Notice of information regarding predatory offenders. (a) Subject 
7.29 	to paragraph (b), In any case in which a person is (1) convicted of an offense and the 
7.30 	presumptive sentence under the Sentencing Guidelines is commitmentthat requires 
7.31 	predatory offender registration under section 244.166 and (2) is not committed to the 
7.32 	custody of the commissioner of corrections, if the court grants a dispositional departure 
7.33 	and stays imposition or execution of sentence, the probation or court services officer 
7.34 	who is assigned to supervise the offender shall provideinform the following, in writing 
8.1 	to the following the fact,  that the offender is on probation and the terms and conditions 
8.2 	of probation:
8.3 	(1)(i) a victim of and any witnesses to the offense committed by the offender, if the 
8.4 	victim or the witness has requested notice; and
8.5 	(2)(ii) the chief law enforcement officer in the area where the offender resides 
8.6 	or intends to reside.
8.7 	The law enforcement officer, in consultation with the offender's probation officer, 
8.8 	maymust provide all or part of this information to anyeach of the following agencies or 
8.9 	groups the offender is likely to encounter: public and private educational institutions, day 
8.10 	care establishments, and establishments or organizations that primarily serve individuals 
8.11 	likely to be victimized by the offender. The law enforcement officer, in consultation with 
8.12 	the offender's probation officer, also may disclose the information to individuals the 
8.13 	officer believes are likely to be victimized by the offender. The officer's belief shall be 
8.14 	based on the offender's pattern of offending or victim preference as documented in the 
8.15 	information provided by the Department of Corrections or Department of Human Services.
8.16 	The probation officer is not required under this subdivision to provide any notice 
8.17 	while the offender is placed or resides in a residential facility that is licensed under section 
8.18 	241.021 or 245A.02, subdivision 14, if the facility staff is trained in the supervision of 
8.19 	sex offenders.
8.20 	(b) Paragraph (a) applies only to offenders required to register under section 
8.21 	243.166, as a result of the conviction.
8.22 	(c)(b) The notice authorized by paragraph (a) shall be limited to data classified as 
8.23 	public under section 13.84, subdivision 6, unless the offender provides informed consent 
8.24 	to authorize the release of nonpublic data or unless a court order authorizes the release 
8.25 	of nonpublic data.
8.26 	(d)(c) Except as specifically provided in paragraph (a), nothing in this subdivision 
8.27 	shall be interpreted to impose a duty on any person to use any information regarding an 
8.28 	offender about whom notification is made under this subdivision.

8.29 	EFFECTIVE DATE. This section is effective July 1, 2006.

8.30 	Sec. 5. APPROPRIATION.
 8.31 	$....... is appropriated from the general fund to the commissioner of corrections to 
8.32 	fund (1) the additional duties that sections 1 to 4 impose on the Department of Corrections 
8.33 	and (2) grants to local units of government to reimburse them for the additional law 
8.34 	enforcement, probation service, and risk-assessment costs associated with implementing 
8.35 	the duties created in sections 1 to 4.
9.1 	This appropriation is available for the biennium ending June 30, 2007.