SF 1667

Introduction - 88th Legislature (2013 - 2014)

Posted on 05/18/2013 08:46 a.m.

A bill for an act
relating to public safety; requiring operators of residential housing facilities to
notify law enforcement in certain instances when residents required to register as
predatory offenders abscond from the facility; proposing coding for new law in
Minnesota Statutes, chapter 243.

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

Section 1.

new text begin [243.168] RESIDENTIAL HOUSING FACILITIES; DUTY TO
REPORT PREDATORY OFFENDERS WHO ABSCOND.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to section
243.168.
new text end

new text begin (b) "Local law enforcement agency" means the police department in the municipality
in which the residential housing facility is located, or if there is no police department, the
sheriff's office in the county in which the facility is located.
new text end

new text begin (c) "Residential housing facility" means:
new text end

new text begin (1) a nursing home licensed under chapter 144A;
new text end

new text begin (2) a certified boarding care home or noncertified boarding care home licensed under
Minnesota Rules, chapter 4655;
new text end

new text begin (3) a supervised living facility licensed under Minnesota Rules, chapter 4665;
new text end

new text begin (4) a housing with services establishment required to register with the commissioner
of health under chapter 144D;
new text end

new text begin (5) a boarding and lodging establishment or lodging establishment that provides
supportive services or health supervision services required to register with the
commissioner of health under section 157.17; or
new text end

new text begin (6) an adult foster care home licensed under Minnesota Rules, parts 9555.5105
to 9555.6265.
new text end

new text begin Subd. 2. new text end

new text begin Duty to notify. new text end

new text begin The operator of a residential housing facility shall notify the
local law enforcement agency when a resident of the facility, who is known to the operator
to be a person required to register as a predatory offender under section 243.166, absconds
from or leaves the facility and does not return as directed or according to the rules of the
facility. The duty to notify the local law enforcement agency under this subdivision arises
when the resident has not returned to the facility or explained the reason for the absence
to the operator for at least 48 hours. The operator shall notify the local law enforcement
agency within 24 hours of when the duty to report arose under this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Failure to comply, penalty. new text end

new text begin An operator who does not report to the local
law enforcement agency as required by subdivision 2 may be subject to license sanctions
by the appropriate licensing agency.
new text end