HF 250

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; requiring the commissioner
of corrections to convene an end-of-confinement review
committee to assess the risk level of certain
offenders coming to Minnesota from another state;
clarifying current law requiring assessment of
offenders released from federal facilities; allowing
community notification pursuant to a risk level
assigned in another state; requiring the Bureau of
Criminal Apprehension to forward registration and
notification information on certain offenders to the
Department of Corrections; amending Minnesota Statutes
2004, sections 243.166, subdivision 9; 244.052,
subdivision 3, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 243.166,
subdivision 9, is amended to read:

Subd. 9.

Offenders from other states.

new text begin (a) new text end When the state
accepts an offender from another state under a reciprocal
agreement under the interstate compact authorized by section
243.16 new text begin , the interstate compact authorized by section 243.1605,
new text end or under any authorized interstate agreement, the acceptance is
conditional on the offender agreeing to register under this
section when the offender is living in Minnesota.

new text begin (b) The Bureau of Criminal Apprehension shall notify the
commissioner of corrections:
new text end

new text begin (1) when the bureau receives notice from a local law
enforcement agency that a person from another state who is
subject to this section has registered with the agency, unless
the bureau previously received notice of the offender from the
commissioner of corrections;
new text end

new text begin (2) when a registration authority, corrections agent, or
law enforcement agency in another state notifies the bureau that
a person from another state who is subject to this section is
moving to Minnesota; and
new text end

new text begin (3) when the bureau learns that a person from another state
is in Minnesota and allegedly in violation of subdivision 6 for
failure to register.
new text end

new text begin (c) When a local law enforcement agency notifies the bureau
of an out-of-state offender's registration, the agency shall
provide the bureau with information on whether the person is
subject to community notification in another state and the risk
level the person was assigned, if any.
new text end

new text begin (d) The bureau must forward all information it receives
regarding offenders covered under this subdivision from sources
other than the commissioner of corrections to the commissioner.
new text end

new text begin (e) When the bureau receives information directly from a
registration authority, corrections agent, or law enforcement
agency in another state that a person who may be subject to this
section is moving to Minnesota, the bureau must ask whether the
person entering the state is subject to community notification
in another state and the risk level the person has been
assigned, if any.
new text end

new text begin (f) When the bureau learns that a person subject to this
section intends to move to Minnesota from another state or has
moved to Minnesota from another state, the bureau shall notify
the law enforcement authority with jurisdiction in the area of
the person's primary address and provide all information
concerning the person that is available to the bureau.
new text end

new text begin (g) The commissioner of corrections must determine the
supervised release status of persons who are referred to the
commissioner under this subdivision. If the commissioner
determines that a person is subject to supervised release in
another state and is not registered in Minnesota under the
applicable interstate compact, the commissioner shall inform the
local law enforcement agency that the person is in violation of
section 243.161. If the person is not subject to supervised
release, the commissioner shall notify the bureau and the local
law enforcement agency of the person's status.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to all persons subject to registration on or after
that date.
new text end

Sec. 2.

Minnesota Statutes 2004, 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 144.335,
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 item (ii), 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 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.

(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. The committee shall give the report to the
offender and to the law enforcement agency at least 60 days
before an offender is released from confinement. 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) deleted text begin The commissioner shall establish an end-of-confinement
review committee to assign a risk level to offenders who are
released from a federal correctional facility in Minnesota or
another state and who intend to reside in Minnesota, and to
offenders accepted from another state under a reciprocal
agreement for parole supervision under the interstate compact
authorized by section 243.16. The committee shall make
reasonable efforts to conform to the same timelines as applied
to Minnesota cases. Offenders accepted from another state under
a reciprocal agreement for probation supervision are not
assigned a risk level, but are considered downward dispositional
departures. The probation or court services officer and law
enforcement officer shall manage such cases in accordance with
section 244.10, subdivision 2a. The policies and procedures of
the committee for federal offenders and interstate compact cases
must be in accordance with all requirements as set forth in this
section, unless restrictions caused by the nature of federal or
interstate transfers prevents such conformance.
deleted text end

deleted text begin (l) deleted text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to persons subject to community notification on or
after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 244.052, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Offenders from other states and offenders
released from federal facilities. new text end

new text begin (a) Except as provided in
paragraph (b), the commissioner shall establish an
end-of-confinement review committee to assign a risk level:
new text end

new text begin (1) to offenders who are released from a federal
correctional facility in Minnesota or a federal correctional
facility in another state and who intend to reside in Minnesota;
new text end

new text begin (2) to offenders who are accepted from another state under
the interstate compact authorized by section 243.16 or 243.1605
or any other authorized interstate agreement; and
new text end

new text begin (3) to offenders who are referred to the committee by local
law enforcement agencies under paragraph (f).
new text end

new text begin (b) This subdivision does not require the commissioner to
convene an end-of-confinement review committee for a person
coming into Minnesota who is subject to probation under another
state's law. The probation or court services officer and law
enforcement officer shall manage such cases in accordance with
section 244.10, subdivision 2a.
new text end

new text begin (c) The committee shall make reasonable efforts to conform
to the same timelines applied to offenders released from a
Minnesota correctional facility and shall collect all relevant
information and records on offenders assessed and assigned a
risk level under this subdivision. However, for offenders who
were assigned the most serious risk level by another state, the
committee must act promptly to collect the information required
under this paragraph.
new text end

new text begin The end-of-confinement review committee must proceed in
accordance with all requirements set forth in this section and
follow all policies and procedures applied to offenders released
from a Minnesota correctional facility in reviewing information
and assessing the risk level of offenders covered by this
subdivision, unless restrictions caused by the nature of federal
or interstate transfers prevent such conformance. All of the
provisions of this section apply to offenders who are assessed
and assigned a risk level under this subdivision.
new text end

new text begin (d) If a local law enforcement agency learns or suspects
that a person who is subject to this section is living in
Minnesota and a risk level has not been assigned to the person
under this section, the law enforcement agency shall provide
this information to the Bureau of Criminal Apprehension and the
commissioner of corrections within three business days.
new text end

new text begin (e) If the commissioner receives reliable information from
a local law enforcement agency or the bureau that a person
subject to this section is living in Minnesota and a local law
enforcement agency so requests, the commissioner must determine
if the person was assigned a risk level under a law comparable
to this section. If the commissioner determines that the law is
comparable and public safety warrants, the commissioner, within
three business days of receiving a request, shall notify the
local law enforcement agency that it may, in consultation with
the department, proceed with notification under subdivision 4
based on the person's out-of-state risk level. However, if the
commissioner concludes that the offender is not from a state
with a risk level assessment law that is comparable to this
section, the extent of the notification may not exceed that of a
risk level II offender under subdivision 4, paragraph (b),
unless the requirements of paragraph (f) have been met. If an
assessment is requested from the end-of-confinement review
committee under paragraph (f), the local law enforcement agency
may continue to disclose information under subdivision 4 until
the committee assigns the person a risk level. After the
committee assigns a risk level to an offender pursuant to a
request made under paragraph (f), and if the law enforcement
agency has not already done so, it may then disclose information
consistent with the risk level assigned by the
end-of-confinement review committee. The commissioner of
corrections, in consultation with legal advisers, shall
determine whether the law of another state is comparable to this
section.
new text end

new text begin (f) If the local law enforcement agency wants to make a
broader disclosure than is authorized under paragraph (e), the
law enforcement agency may request that an end-of-confinement
review committee assign a risk level to the offender. The local
law enforcement agency shall provide to the committee all
information concerning the offender's criminal history, the risk
the offender poses to the community, and other relevant
information. The department shall attempt to obtain other
information relevant to determining which risk level to assign
the offender. The committee shall promptly assign a risk level
to an offender referred to the committee under this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to persons subject to community notification on or
after that date.
new text end