1.1                          A bill for an act
  1.2             relating to crime prevention; requiring notification 
  1.3             of local authorities of the impending release of sex 
  1.4             offenders; authorizing the release to the public of 
  1.5             information on registered sex offenders under certain 
  1.6             circumstances; establishing an end-of-sentence review 
  1.7             committee to assess risks posed by release of sex 
  1.8             offenders; providing aggravating factors to be applied 
  1.9             in the risk assessment decision; clarifying law on HIV 
  1.10            testing of convicted offenders; amending Minnesota 
  1.11            Statutes 1994, sections 243.166, subdivisions 3, 4, 
  1.12            and 7; 609.115, by adding a subdivision; and 611A.19, 
  1.13            subdivision 1; proposing coding for new law in 
  1.14            Minnesota Statutes, chapters 244; and 609. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  [LEGISLATIVE FINDINGS AND PURPOSE.] 
  1.17     The legislature finds that if members of the public are 
  1.18  provided adequate notice and information about a sex offender 
  1.19  who is about to be released from custody and who will live in or 
  1.20  near their neighborhood, the community can develop constructive 
  1.21  plans to prepare themselves and their children for the 
  1.22  offender's release. 
  1.23     Sec. 2.  Minnesota Statutes 1994, section 243.166, 
  1.24  subdivision 3, is amended to read: 
  1.25     Subd. 3.  [REGISTRATION PROCEDURE.] (a) At least five days 
  1.26  before release or discharge, the person shall register with 
  1.27  the corrections agent as soon as the agent is assigned to the 
  1.28  person law enforcement agency that has jurisdiction in the area 
  1.29  where the person will reside upon release or discharge.  If the 
  1.30  person is under supervision, the person's corrections agent 
  2.1   shall assist the person, if necessary, in determining the 
  2.2   appropriate law enforcement agency with which to register. 
  2.3      (b) At least five days before the person changes residence, 
  2.4   the person shall give written notice of the address of the new 
  2.5   residence to the current or last assigned corrections agent law 
  2.6   enforcement agency with which the person currently is 
  2.7   registered.  An offender is deemed to change residence when the 
  2.8   offender remains at a new address for longer than three days and 
  2.9   evinces an intent to take up residence there.  The agent law 
  2.10  enforcement agency shall, within two business days after receipt 
  2.11  of this information, forward it to the bureau of criminal 
  2.12  apprehension and to the law enforcement agency that has 
  2.13  jurisdiction in the area of the offender's new residence. 
  2.14     Sec. 3.  Minnesota Statutes 1994, section 243.166, 
  2.15  subdivision 4, is amended to read: 
  2.16     Subd. 4.  [CONTENTS OF REGISTRATION.] The registration 
  2.17  provided to the corrections agent law enforcement agency must 
  2.18  consist of a statement in writing signed by the person, giving 
  2.19  information required by the bureau of criminal apprehension, and 
  2.20  a fingerprint card, and photograph of the person if these have 
  2.21  not already been obtained in connection with the offense that 
  2.22  triggers registration taken at the time of the person's release 
  2.23  from incarceration or, if the person was not incarcerated, at 
  2.24  the time the person was arrested for the offense.  Within three 
  2.25  days, the corrections agent law enforcement agency shall forward 
  2.26  the statement, fingerprint card, and photograph to the bureau of 
  2.27  criminal apprehension.  The bureau shall send one copy to the 
  2.28  appropriate law enforcement authority that will have 
  2.29  jurisdiction where the person will reside on release or 
  2.30  discharge. 
  2.31     Sec. 4.  Minnesota Statutes 1994, section 243.166, 
  2.32  subdivision 7, is amended to read: 
  2.33     Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
  2.34  provided in sections 244.052 and 609.1353, the information 
  2.35  provided under this section is private data on individuals under 
  2.36  section 13.01, subdivision 12.  The information may be used only 
  3.1   for law enforcement purposes. 
  3.2      Sec. 5.  [244.052] [SEX OFFENDERS; NOTICE.] 
  3.3      Subdivision 1.  [DEFINITION.] As used in this section, "sex 
  3.4   offender" and "offender" mean a person who has been convicted of 
  3.5   an offense for which registration under section 243.166 is 
  3.6   required. 
  3.7      Subd. 2.  [END-OF-SENTENCE REVIEW COMMITTEE.] (a) The 
  3.8   commissioner of corrections shall establish an end-of-sentence 
  3.9   review committee for the purpose of assessing, on a case-by-case 
  3.10  basis, the public risk posed by sex offenders who are about to 
  3.11  be released from confinement.  The committee shall consist of 
  3.12  the following members or their designees: 
  3.13     (1) the commissioner of corrections; 
  3.14     (2) the head of the state or local correctional or 
  3.15  treatment facility where the offender is currently confined; 
  3.16     (3) the chief law enforcement officer having jurisdiction 
  3.17  in the area where the offender expects to reside upon release; 
  3.18     (4) a treatment professional who is trained in the 
  3.19  assessment of sex offenders; and 
  3.20     (5) if the offender will be under supervision, the 
  3.21  offender's corrections agent. 
  3.22     (b) At least 30 days before a sex offender is to be 
  3.23  released from confinement, the commissioner of corrections shall 
  3.24  convene the end-of-sentence review committee for the purpose of 
  3.25  assessing the risk presented by the offender's release and 
  3.26  determining the risk level to which the offender shall be 
  3.27  assigned under paragraph (c).  In assessing the risk presented 
  3.28  by the offender, the committee shall take into account the 
  3.29  public risk monitoring guidelines established by the department 
  3.30  of corrections and aggravating factors such as those listed in 
  3.31  paragraph (e).  
  3.32     (c) A sex offender whose history includes fewer than three 
  3.33  aggravating factors presents a low risk to the community and may 
  3.34  be assigned by the committee to risk level I.  A sex offender 
  3.35  whose history includes at least three aggravating factors 
  3.36  presents an intermediate risk to the community and may be 
  4.1   assigned by the committee to risk level II.  A sex offender 
  4.2   whose history includes at least five aggravating factors or 
  4.3   includes both of the aggravating factors described in paragraph 
  4.4   (e), clauses (3) and (9), presents a high risk to the community 
  4.5   and shall be assigned by the committee to risk level III. 
  4.6      (d) Before the sex offender is released from confinement, 
  4.7   the committee shall communicate its risk assessment decision, 
  4.8   including the risk level to which the offender has been 
  4.9   assigned, to the offender and to the law enforcement agency 
  4.10  having jurisdiction where the offender expects to reside upon 
  4.11  release.  The committee also shall inform the offender of the 
  4.12  availability of judicial review under subdivision 5. 
  4.13     (e) As used in this subdivision, "aggravating factors" 
  4.14  includes the following factors: 
  4.15     (1) the offender committed the crime or previous crimes 
  4.16  with a dangerous weapon or with the use of force; 
  4.17     (2) the offender has been convicted or adjudicated of or 
  4.18  has admitted to having committed more than one sex offense; 
  4.19     (3) the offender failed to successfully complete offered 
  4.20  sex offender treatment; 
  4.21     (4) the victim of the offender's offense was particularly 
  4.22  vulnerable due to age or physical or mental disability; 
  4.23     (5) the offender was convicted of an offense an element of 
  4.24  which involved the use of a position of authority or trust; 
  4.25     (6) the offender committed the offense by nurturing a 
  4.26  relationship with a victim who was a minor or a vulnerable 
  4.27  adult; 
  4.28     (7) the offender's prior offenses involved assaultive 
  4.29  behavior over an extended period of time; 
  4.30     (8) the offender's offense involved multiple victims; 
  4.31     (9) a psychological sex offender evaluation predicts that 
  4.32  the offender is highly likely to commit additional sex offenses 
  4.33  in the future; and 
  4.34     (10) the sentencing court determined that the offender's 
  4.35  prior offense or offenses were particularly cruel or violent.  
  4.36     (f) Upon the request of a law enforcement agency or a 
  5.1   corrections agent, the commissioner may reconvene the 
  5.2   end-of-sentence review committee for the purpose of reassessing 
  5.3   the risk level to which an offender has been assigned under 
  5.4   paragraph (c).  In a request for a reassessment, the law 
  5.5   enforcement agency or agent must list the facts and 
  5.6   circumstances arising after the initial assignment under 
  5.7   paragraph (c), which support the request for a reassessment.  
  5.8   Upon review of the request, the end-of-sentence review committee 
  5.9   may reassign an offender to a different risk level.  If the 
  5.10  offender is reassigned to a higher risk level, the offender has 
  5.11  the right to seek judicial review of the committee's 
  5.12  determination under subdivision 5. 
  5.13     Subd. 3.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
  5.14  INFORMATION TO PUBLIC.] (a) The law enforcement agency with 
  5.15  which the sex offender must register under section 243.166 is 
  5.16  authorized to disclose information to the public regarding the 
  5.17  offender if the agency determines that disclosure of the 
  5.18  information is relevant and necessary to protect the public and 
  5.19  to counteract the offender's dangerousness.  The extent of the 
  5.20  information disclosed and the community to whom disclosure is 
  5.21  made must relate to the level of danger posed by the offender. 
  5.22     (b) The law enforcement agency shall consider the following 
  5.23  guidelines in determining the scope of disclosure made under 
  5.24  this subdivision: 
  5.25     (1) if the offender is assessed as presenting a low risk to 
  5.26  the community, the law enforcement agency may maintain 
  5.27  information regarding the offender within the agency and may 
  5.28  disclose it to other law enforcement agencies.  Additionally, 
  5.29  the agency may disclose the information to any victims of or 
  5.30  witnesses to the offender's offense of conviction; 
  5.31     (2) if an offender is assessed as presenting an 
  5.32  intermediate risk to the community, the law enforcement agency 
  5.33  also may disclose the information to appropriate school 
  5.34  officials and neighborhood groups; and 
  5.35     (3) if an offender is assessed as presenting a high risk to 
  5.36  the community, the law enforcement agency also may disclose the 
  6.1   information to those community members and establishments to 
  6.2   whom, in the agency's judgment, the offender may pose a direct 
  6.3   or potential threat. 
  6.4   Notwithstanding the assessment of a sex offender as presenting 
  6.5   an intermediate or high risk, a law enforcement agency shall not 
  6.6   make the disclosures permitted by clause (2) or (3) if the 
  6.7   offender is placed or resides in a residential facility that is 
  6.8   licensed as a residential program, as defined in section 
  6.9   245A.02, subdivision 14, by the commissioner of human services 
  6.10  under chapter 254A, or the commissioner of corrections under 
  6.11  section 241.021, and if the facility and its staff are trained 
  6.12  in the supervision of sex offenders. 
  6.13     (c) A law enforcement agency or official who decides to 
  6.14  disclose information under this subdivision shall make a good 
  6.15  faith effort to make the notification at least 14 days before an 
  6.16  offender is released from confinement.  If a change occurs in 
  6.17  the release plan, this notification provision does not require 
  6.18  an extension of the release date.  
  6.19     Subd. 4.  [RELEVANT INFORMATION PROVIDED TO LAW 
  6.20  ENFORCEMENT.] The department of corrections or the department of 
  6.21  human services, in the case of a person who was committed under 
  6.22  section 526.10 before September 1, 1994, or under section 
  6.23  253B.185 on or after September 1, 1994, shall, in a timely 
  6.24  manner, provide the appropriate law enforcement agency all 
  6.25  relevant information that the departments have concerning a sex 
  6.26  offender who is about to be released or placed into the 
  6.27  community, including information on aggravating factors in the 
  6.28  offender's history. 
  6.29     Subd. 5.  [JUDICIAL REVIEW.] (a) A sex offender assigned to 
  6.30  level II or III under subdivision 2, paragraph (c), by an 
  6.31  end-of-sentence review committee has the right to seek judicial 
  6.32  review of the committee's determination.  The petition for 
  6.33  review may be filed in the district court having jurisdiction 
  6.34  either where the offender is confined or where the offender will 
  6.35  reside upon release.  The filing of the petition shall not stay 
  6.36  the law enforcement agency's community notification actions 
  7.1   unless the court orders otherwise. 
  7.2      (b) The court shall schedule and hold a hearing on the 
  7.3   petition in an expedited manner.  The county attorney with 
  7.4   prosecutorial jurisdiction where the offender will reside upon 
  7.5   release shall represent the end-of-sentence review committee's 
  7.6   decision at the hearing.  The offender shall be entitled to 
  7.7   present evidence and supporting witnesses and confront and 
  7.8   cross-examine opposing witnesses.  The county attorney has the 
  7.9   burden of proof to show, by a preponderance of the evidence, 
  7.10  that: 
  7.11     (1) the end-of-sentence review committee's risk assessment 
  7.12  was reasonable; 
  7.13     (2) disclosure of information about the offender to the 
  7.14  community is appropriate; and 
  7.15     (3) the notification actions proposed to be taken by the 
  7.16  law enforcement agency are reasonably related to the level of 
  7.17  danger presented by the offender. 
  7.18     Subd. 6.  [IMMUNITY FROM LIABILITY.] A law enforcement 
  7.19  agency or state agency shall not be civilly or criminally liable 
  7.20  for disclosing or failing to disclose information as permitted 
  7.21  by this section.  
  7.22     Sec. 6.  [244.053] [NOTICE OF RELEASE OF CERTAIN 
  7.23  OFFENDERS.] 
  7.24     Subdivision 1.  [NOTICE OF IMPENDING RELEASE.] At least 30 
  7.25  days before the release of any inmate convicted of an offense 
  7.26  requiring registration under section 243.166, the commissioner 
  7.27  of corrections shall send written notice of the impending 
  7.28  release to the sheriff of the county and the police chief of the 
  7.29  city in which the inmate will reside or in which placement will 
  7.30  be made in a work release program.  The sheriff of the county 
  7.31  where the offender was convicted also shall be notified of the 
  7.32  inmate's impending release. 
  7.33     Subd. 2.  [ADDITIONAL NOTICE.] The same notice shall be 
  7.34  sent to the following persons concerning a specific inmate 
  7.35  convicted of an offense requiring registration under section 
  7.36  243.166: 
  8.1      (1) the victim of the crime for which the inmate was 
  8.2   convicted or the victim's next of kin if the crime was a 
  8.3   homicide, if the victim or victim's next of kin requests the 
  8.4   notice in writing; 
  8.5      (2) any witnesses who testified against the inmate in any 
  8.6   court proceedings involving the offense, if the witness requests 
  8.7   the notice in writing; and 
  8.8      (3) any person specified in writing by the prosecuting 
  8.9   attorney. 
  8.10     If the victim or witness is under the age of 16, the notice 
  8.11  required by this section shall be sent to the parents or legal 
  8.12  guardian of the child.  The commissioner shall send the notices 
  8.13  required by this provision to the last address provided to the 
  8.14  commissioner by the requesting party.  The requesting party 
  8.15  shall furnish the commissioner with a current address.  
  8.16  Information regarding witnesses requesting the notice, 
  8.17  information regarding any other person specified in writing by 
  8.18  the prosecuting attorney to receive the notice, and the notice 
  8.19  are private data on individuals, as defined in section 13.02, 
  8.20  subdivision 12, and are not available to the inmate. 
  8.21     The notice to victims provided under this subdivision does 
  8.22  not limit the victim's right to request notice of release under 
  8.23  section 611A.06. 
  8.24     Subd. 3.  [NO EXTENSION OF RELEASE DATE.] The existence of 
  8.25  the notice requirements contained in this section shall in no 
  8.26  event require an extension of the release date. 
  8.27     Sec. 7.  Minnesota Statutes 1994, section 609.115, is 
  8.28  amended by adding a subdivision to read: 
  8.29     Subd. 10.  [SEX OFFENDER RISK ASSESSMENT.] (a) If a person 
  8.30  is convicted of an offense for which registration under section 
  8.31  243.166 is required, and the offender's presumptive sentence 
  8.32  under the sentencing guidelines is a stayed sentence, the 
  8.33  probation officer shall assess the risk presented by the 
  8.34  offender to the community where the offender will reside while 
  8.35  on probation and shall determine the risk level to which the 
  8.36  offender shall be assigned under paragraph (b).  In assessing 
  9.1   the risk presented by the offender, the officer shall take into 
  9.2   account the public risk monitoring guidelines established by the 
  9.3   department of corrections and aggravating factors such as those 
  9.4   listed in paragraph (d). 
  9.5      (b) An offender whose history includes fewer than three 
  9.6   aggravating factors presents a low risk to the community and 
  9.7   shall be assigned by the officer to risk level I.  An offender 
  9.8   whose history includes at least three aggravating factors 
  9.9   presents an intermediate risk to the community and shall be 
  9.10  assigned by the officer to risk level II.  An offender whose 
  9.11  history includes at least five aggravating factors or includes 
  9.12  both of the aggravating factors described in paragraph (d), 
  9.13  clauses (3) and (9), presents a high risk to the community and 
  9.14  shall be assigned by the officer to risk level III. 
  9.15     (c) The officer shall include the risk assessment, 
  9.16  including the risk level to which the offender has been 
  9.17  assigned, in the presentence investigation report.  If the 
  9.18  offender is assigned to the intermediate or high risk level, the 
  9.19  probation officer shall include in the report a description of 
  9.20  the notification actions likely to be taken by the local law 
  9.21  enforcement agency under section 609.1353. 
  9.22     (d) As used in this subdivision, "aggravating factors" 
  9.23  includes the following factors: 
  9.24     (1) the offender committed the crime or previous crimes 
  9.25  with a dangerous weapon or with the use of force; 
  9.26     (2) the offender has been convicted or adjudicated of or 
  9.27  has admitted to having committed more than one sex offense; 
  9.28     (3) the offender failed to successfully complete offered 
  9.29  sex offender treatment; 
  9.30     (4) the victim of the offender's offense was particularly 
  9.31  vulnerable due to age or physical or mental disability; 
  9.32     (5) the offender was convicted of an offense an element of 
  9.33  which involved the use of a position of authority or trust; 
  9.34     (6) the offender committed the offense by nurturing a 
  9.35  relationship with a victim who was a minor or a vulnerable 
  9.36  adult; 
 10.1      (7) the offender's prior offenses involved assaultive 
 10.2   behavior over an extended period of time; 
 10.3      (8) the offender's offense involved multiple victims; 
 10.4      (9) a psychological sex offender evaluation predicts that 
 10.5   the offender is highly likely to commit additional sex offenses 
 10.6   in the future; and 
 10.7      (10) the sentencing court determined that the offender's 
 10.8   prior offense or offenses were particularly cruel or violent.  
 10.9      Sec. 8.  [609.1353] [SENTENCING OF SEX OFFENDERS; 
 10.10  DISCLOSURE OF INFORMATION.] 
 10.11     Subdivision 1.  [DEFINITION.] As used in this section, "sex 
 10.12  offender" and "offender" mean a person who has been convicted of 
 10.13  an offense for which registration under section 243.166 is 
 10.14  required. 
 10.15     Subd. 2.  [RISK ASSESSMENT REVIEW.] When a court sentences 
 10.16  a sex offender to a stayed sentence, the court shall review the 
 10.17  risk assessment included in the presentence investigation report 
 10.18  under section 609.115, subdivision 10, and the risk level to 
 10.19  which the offender was assigned by the probation officer.  If 
 10.20  the risk assessment assigns the offender to level II or III, the 
 10.21  court shall make a determination at the sentencing hearing on 
 10.22  the following issues: 
 10.23     (1) whether the probation officer's risk assessment was 
 10.24  reasonable; 
 10.25     (2) whether disclosure of information about the offender to 
 10.26  the community is appropriate; and 
 10.27     (3) whether the notification actions proposed to be taken 
 10.28  by the law enforcement agency are reasonably related to the 
 10.29  level of danger presented by the offender. 
 10.30  The offender has the right to contest the risk assessment at the 
 10.31  sentencing hearing by presenting evidence and witnesses in 
 10.32  opposition to evidence contained in the risk assessment and by 
 10.33  confronting and cross-examining opposing witnesses.  The 
 10.34  prosecuting attorney has the burden of proof to show, by a 
 10.35  preponderance of the evidence, that the risk assessment and 
 10.36  proposed notification actions are reasonable and appropriate. 
 11.1      Subd. 3.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
 11.2   INFORMATION TO PUBLIC.] (a) At the conclusion of the hearing 
 11.3   under subdivision 2, the court shall notify the law enforcement 
 11.4   agency with which the offender must register under section 
 11.5   243.166 of the risk level to which the offender has been 
 11.6   assigned, as approved or modified by the court. 
 11.7      (b) Consistent with the court's notification under 
 11.8   subdivision 1, the law enforcement agency is authorized to 
 11.9   disclose information to the public regarding the offender if the 
 11.10  agency determines that disclosure of the information is relevant 
 11.11  and necessary to protect the public and to counteract the 
 11.12  offender's dangerousness.  The extent of the information 
 11.13  disclosed and the community to whom disclosure is made must 
 11.14  relate to the level of danger posed by the offender. 
 11.15     (c) The law enforcement agency shall consider the following 
 11.16  guidelines in determining the scope of disclosure made under 
 11.17  this subdivision: 
 11.18     (1) if an offender is assessed as presenting a low risk to 
 11.19  the community, the law enforcement agency may maintain 
 11.20  information regarding the offender within the agency and may 
 11.21  disclose it to other law enforcement agencies.  Additionally, 
 11.22  the agency may disclose the information to any victims of or 
 11.23  witnesses to the offender's offense of conviction; 
 11.24     (2) if an offender is assessed as presenting an 
 11.25  intermediate risk to the community, the law enforcement agency 
 11.26  also may disclose the information to appropriate school 
 11.27  officials and neighborhood groups; and 
 11.28     (3) if an offender is assessed as presenting a high risk to 
 11.29  the community, the law enforcement agency also may disclose the 
 11.30  information to those community members and establishments to 
 11.31  whom, in the agency's judgment, the offender may pose a direct 
 11.32  or potential threat. 
 11.33     Subd. 4.  [IMMUNITY FROM LIABILITY.] A law enforcement 
 11.34  agency or state agency shall not be civilly or criminally liable 
 11.35  for disclosing or failing to disclose information as permitted 
 11.36  by this section. 
 12.1      Sec. 9.  Minnesota Statutes 1994, section 611A.19, 
 12.2   subdivision 1, is amended to read: 
 12.3      Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) The 
 12.4   sentencing court may shall issue an order requiring a person 
 12.5   convicted of a violent crime, as defined in section 609.152, or 
 12.6   a juvenile adjudicated delinquent for violating section 609.342, 
 12.7   609.343, 609.344, or 609.345, to submit to testing to determine 
 12.8   the presence of human immunodeficiency virus (HIV) antibody if:  
 12.9      (1) evidence exists that the broken skin or mucous membrane 
 12.10  of the victim was exposed to or had contact with the offender's 
 12.11  semen or blood during commission of the crime in a manner which 
 12.12  has been demonstrated epidemiologically to transmit the HIV 
 12.13  virus; and 
 12.14     (2) the victim requests the test or the prosecutor moves 
 12.15  for the test order in camera; 
 12.16     (2) the victim requests the test; and 
 12.17     (3) evidence exists that the broken skin or mucous membrane 
 12.18  of the victim was exposed to or had contact with the offender's 
 12.19  semen or blood during commission of the crime in a manner which 
 12.20  has been demonstrated epidemiologically to transmit the HIV 
 12.21  virus.  
 12.22     (b) If the court grants the prosecutor's motion, the court 
 12.23  shall order that the test be performed by an appropriate health 
 12.24  professional who is trained to provide the counseling described 
 12.25  in section 144.763, and that no reference to the test, the 
 12.26  motion requesting the test, the test order, or the test results 
 12.27  may appear in the criminal record or be maintained in any record 
 12.28  of the court or court services.  
 12.29     Sec. 10.  [EFFECTIVE DATE.] 
 12.30     Sections 1 to 8 are effective August 1, 1995, and apply to 
 12.31  persons released or sentenced on or after that date.  Section 9 
 12.32  is effective the day following final enactment.