HF 541

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to public safety; clarifying certain 
  1.3             provisions in the law governing community notification 
  1.4             of the release of sex offenders; amending Minnesota 
  1.5             Statutes 1996, section 244.052, subdivisions 4, 5, and 
  1.6             6. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 244.052, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
  1.11  INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
  1.12  area where the sex offender resides, expects to reside, is 
  1.13  employed, or is regularly found, is authorized to disclose 
  1.14  information to the public regarding the offender if the agency 
  1.15  determines that disclosure of the information is relevant and 
  1.16  necessary to protect the public and to counteract the offender's 
  1.17  dangerousness.  The extent of the information disclosed and the 
  1.18  community to whom disclosure is made must relate to the level of 
  1.19  danger posed by the offender, to the offender's pattern of 
  1.20  offending behavior, and to the need of community members for 
  1.21  information to enhance their individual and collective safety. 
  1.22     (b) The law enforcement agency shall consider the following 
  1.23  guidelines in determining the scope of disclosure made under 
  1.24  this subdivision: 
  1.25     (1) if the offender is assigned to risk level I, the agency 
  1.26  may maintain information regarding the offender within the 
  2.1   agency and may disclose it to other law enforcement agencies.  
  2.2   Additionally, the agency may disclose the information to any 
  2.3   victims of or witnesses to the offense committed by the offender.
  2.4   The agency shall disclose the information to victims of the 
  2.5   offense committed by the offender who have requested disclosure; 
  2.6      (2) if the offender is assigned to risk level II, the 
  2.7   agency also may disclose the information to the following 
  2.8   agencies and groups that the offender is likely to encounter:  
  2.9   public and private educational institutions; day care 
  2.10  establishments; and establishments and organizations that 
  2.11  primarily serve individuals likely to be victimized by the 
  2.12  offender; 
  2.13     (3) if the offender is assigned to risk level III, the 
  2.14  agency also may disclose the information to other members of the 
  2.15  community whom the offender is likely to encounter. 
  2.16     Notwithstanding the assignment of a sex offender to risk 
  2.17  level II or III, a law enforcement agency may not make the 
  2.18  disclosures permitted by clause (2) or (3), if:  the offender is 
  2.19  placed or resides in a residential facility that is licensed as 
  2.20  a residential program, as defined in section 245A.02, 
  2.21  subdivision 14, by the commissioner of human services under 
  2.22  chapter 254A, or the commissioner of corrections under section 
  2.23  241.021; and the facility and its staff are trained in the 
  2.24  supervision of sex offenders.  However, if an offender is placed 
  2.25  or resides in a licensed facility, the head of the facility 
  2.26  shall notify the law enforcement agency before the end of the 
  2.27  offender's placement or residence in the facility.  Upon 
  2.28  receiving this notification, commissioner of corrections or the 
  2.29  commissioner of human services within 48 hours after finalizing 
  2.30  the offender's approved relocation plan to a permanent 
  2.31  residence.  Within five days after receiving this notification, 
  2.32  the appropriate commissioner shall give to the appropriate law 
  2.33  enforcement agency all relevant information the commissioner has 
  2.34  concerning the offender, including information on the risk 
  2.35  factors in the offender's history and the risk level to which 
  2.36  the offender was assigned.  After receiving this information, 
  3.1   the law enforcement agency may make the disclosures permitted by 
  3.2   clause (2) or (3), as appropriate. 
  3.3      (c) As used in paragraph (b), clauses (2) and (3), "likely 
  3.4   to encounter" means that:  
  3.5      (1) the organizations or community members are in a 
  3.6   location or in close proximity to a location where the offender 
  3.7   lives or is employed, or which the offender visits or is likely 
  3.8   to visit on a regular basis, other than the location of the 
  3.9   offender's outpatient treatment program; and 
  3.10     (2) the types of interaction which ordinarily occur at that 
  3.11  location and other circumstances indicate that contact with the 
  3.12  offender is reasonably certain. 
  3.13     (d) A law enforcement agency or official who decides to 
  3.14  disclose information under this subdivision shall make a good 
  3.15  faith effort to make the notification at least 14 days before an 
  3.16  offender is released from confinement or accepted for 
  3.17  supervision.  If a change occurs in the release plan, this 
  3.18  notification provision does not require an extension of the 
  3.19  release date.  
  3.20     (e) A law enforcement agency or official that decides to 
  3.21  disclose information under this subdivision shall make a good 
  3.22  faith effort to conceal the identity of the victim or victims of 
  3.23  the offender's offense. 
  3.24     (f) A law enforcement agency may continue to disclose 
  3.25  information on an offender under this subdivision for as long as 
  3.26  the offender is required to register under section 243.166. 
  3.27     Sec. 2.  Minnesota Statutes 1996, section 244.052, 
  3.28  subdivision 5, is amended to read: 
  3.29     Subd. 5.  [RELEVANT INFORMATION PROVIDED TO LAW 
  3.30  ENFORCEMENT.] At least 60 days before a sex offender is released 
  3.31  from confinement or accepted for supervision, the department of 
  3.32  corrections or the department of human services, in the case of 
  3.33  a person who was committed under section 253B.185 or Minnesota 
  3.34  Statutes 1992, section 526.10, shall provide give to the 
  3.35  appropriate law enforcement agency having primary jurisdiction 
  3.36  where the offender was convicted or committed all relevant 
  4.1   information that the departments have concerning the offender, 
  4.2   including information on risk factors in the offender's history. 
  4.3   Within five days after receiving the offender's approved release 
  4.4   plan from the office of adult release, the appropriate 
  4.5   department shall give to the law enforcement agency having 
  4.6   primary jurisdiction where the offender plans to reside all 
  4.7   relevant information the department has concerning the offender, 
  4.8   including information on risk factors in the offender's history 
  4.9   and the risk level to which the offender was assigned. 
  4.10     Sec. 3.  Minnesota Statutes 1996, section 244.052, 
  4.11  subdivision 6, is amended to read: 
  4.12     Subd. 6.  [ADMINISTRATIVE REVIEW.] (a) An offender assigned 
  4.13  or reassigned to risk level II or III under subdivision 3, 
  4.14  paragraph (e) or (h), has the right to seek administrative 
  4.15  review of an end-of-confinement review committee's risk 
  4.16  assessment determination.  The offender must exercise this right 
  4.17  within 14 days of receiving notice of the committee's decision 
  4.18  by notifying the chair of the committee.  Upon receiving the 
  4.19  request for administrative review, the chair shall notify the 
  4.20  offender, the victim or victims of the offender's offense who 
  4.21  have requested disclosure or their designee, the law enforcement 
  4.22  agency having primary jurisdiction where the offender was 
  4.23  convicted or committed, the law enforcement agency having 
  4.24  jurisdiction where the offender expects to reside, providing 
  4.25  that the release plan has been approved by the office of adult 
  4.26  release of the department of corrections, and any other 
  4.27  individuals the chair may select, of the time and place of the 
  4.28  hearing.  A request for a review hearing shall not interfere 
  4.29  with or delay the notification process under subdivision 4 or 5, 
  4.30  unless the administrative law judge orders otherwise. 
  4.31     (b) An offender who requests a review hearing must be given 
  4.32  a reasonable opportunity to prepare for the hearing.  The review 
  4.33  hearing shall be conducted on the record before an 
  4.34  administrative law judge.  The offender has the burden of proof 
  4.35  to show, by a preponderance of the evidence, that the 
  4.36  end-of-confinement review committee's risk assessment 
  5.1   determination was erroneous.  The attorney general or a designee 
  5.2   shall defend the end-of-confinement review committee's 
  5.3   determination.  The offender has the right to be present and be 
  5.4   represented by counsel at the hearing, to present evidence in 
  5.5   support of the offender's position, to call supporting witnesses 
  5.6   and to cross-examine witnesses testifying in support of the 
  5.7   committee's determination.  Counsel for indigent offenders shall 
  5.8   be provided by the Legal Advocacy Project of the state public 
  5.9   defender's office.  
  5.10     (c) After the hearing is concluded, the administrative law 
  5.11  judge shall decide whether the end-of-confinement review 
  5.12  committee's risk assessment determination was erroneous and, 
  5.13  based on this decision, shall either uphold or modify the review 
  5.14  committee's determination.  The judge's decision shall be in 
  5.15  writing and shall include the judge's reasons for the decision.  
  5.16  The judge's decision shall be final and a copy of it shall be 
  5.17  given to the offender, the victim, the law enforcement agency, 
  5.18  and the chair of the end-of-confinement review committee. 
  5.19     (d) The review hearing is subject to the contested case 
  5.20  provisions of chapter 14. 
  5.21     Sec. 4.  [EFFECTIVE DATE.] 
  5.22     Sections 1 to 3 are effective the day following final 
  5.23  enactment and apply to offenders sentenced or released from 
  5.24  confinement on or after that date.