HF 1107

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

A bill for an act
relating to predatory offenders; requiring offenders
without a primary address to register under the
predatory offender registration law; clarifying the
disclosure of information on predatory offenders under
the community notification law; moving definitions in
the predatory offender registration law; making
conforming changes; amending Minnesota Statutes 2004,
sections 243.166; 243.167; 244.052, subdivision 4;
repealing Minnesota Statutes 2004, section 243.166,
subdivisions 1, 8.

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

Section 1.

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

243.166 REGISTRATION OF PREDATORY OFFENDERS.

deleted text begin Subdivision 1. deleted text end

deleted text begin Registration required. deleted text end

deleted text begin (a) A person shall
register under this section if:
deleted text end

deleted text begin (1) the person was charged with or petitioned for a felony
violation of or attempt to violate any of the following, and
convicted of or adjudicated delinquent for that offense or
another offense arising out of the same set of circumstances:
deleted text end

deleted text begin (i) murder under section 609.185, clause (2); or
deleted text end

deleted text begin (ii) kidnapping under section 609.25; or
deleted text end

deleted text begin (iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
deleted text end

deleted text begin (iv) indecent exposure under section 617.23, subdivision 3;
or
deleted text end

deleted text begin (2) the person was charged with or petitioned for falsely
imprisoning a minor in violation of section 609.255, subdivision
2; soliciting a minor to engage in prostitution in violation of
section 609.322 or 609.324; soliciting a minor to engage in
sexual conduct in violation of section 609.352; using a minor in
a sexual performance in violation of section 617.246; or
possessing pornographic work involving a minor in violation of
section 617.247, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of
circumstances; or
deleted text end

deleted text begin (3) the person was convicted of a predatory crime as
defined in section 609.108, and the offender was sentenced as a
patterned sex offender or the court found on its own motion or
that of the prosecutor that the crime was part of a predatory
pattern of behavior that had criminal sexual conduct as its
goal; or
deleted text end

deleted text begin (4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of
the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2),
or (3).
deleted text end

deleted text begin (b) A person also shall register under this section if:
deleted text end

deleted text begin (1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
deleted text end

deleted text begin (2) the person enters the state to reside, or to work or
attend school; and
deleted text end

deleted text begin (3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is
subject to lifetime registration, in which case the person must
register for life regardless of when the person was released
from confinement, convicted, or adjudicated delinquent.
deleted text end

deleted text begin For purposes of this paragraph:
deleted text end

deleted text begin (i) "school" includes any public or private educational
institution, including any secondary school, trade or
professional institution, or institution of higher education,
that the person is enrolled in on a full-time or part-time
basis; and
deleted text end

deleted text begin (ii) "work" includes employment that is full time or part
time for a period of time exceeding 14 days or for an aggregate
period of time exceeding 30 days during any calendar year,
whether financially compensated, volunteered, or for the purpose
of government or educational benefit.
deleted text end

deleted text begin (c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10, or
a similar law of another state or the United States, regardless
of whether the person was convicted of any offense.
deleted text end

deleted text begin (d) A person also shall register under this section if:
deleted text end

deleted text begin (1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in
paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned
for a violation of any of the offenses listed in paragraph (a),
clause (2), or a similar law of another state or the United
States;
deleted text end

deleted text begin (2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or
found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
deleted text end

deleted text begin (3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or
the United States.
deleted text end

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section,
unless the context clearly indicates otherwise, the following
terms have the meanings given them.
new text end

new text begin (b) "Bureau" means the Bureau of Criminal Apprehension.
new text end

new text begin (c) "Dwelling" means the building where the person lives
under a formal or informal agreement to do so.
new text end

new text begin (d) "Incarceration" and "confinement" do not include
electronic home monitoring.
new text end

new text begin (e) "Law enforcement authority" or "authority" means, with
respect to a home rule charter or statutory city, the chief of
police, and with respect to an unincorporated area, the county
sheriff.
new text end

new text begin (f) "Motor vehicle" has the meaning given in section
169.01, subdivision 2.
new text end

new text begin (g) "Primary address" means the mailing address of the
person's dwelling. If the mailing address is different from the
actual location of the dwelling, "primary address" also includes
the physical location of the dwelling described with as much
specificity as possible.
new text end

new text begin (h) "School" includes any public or private educational
institution, including any secondary school, trade, or
professional institution, or institution of higher education,
that the person is enrolled in on a full-time or part-time basis.
new text end

new text begin (i) "Secondary address" means the mailing address of any
place where the person regularly or occasionally stays overnight
when not staying at the person's primary address. If the
mailing address is different from the actual location of the
place, secondary address also includes the physical location of
the place described with as much specificity as possible.
new text end

new text begin (j) "Treatment facility" means a residential facility, as
defined in section 244.052, subdivision 1, and residential
chemical dependency treatment programs and halfway houses
licensed under chapter 245A, including, but not limited to,
those facilities directly or indirectly assisted by any
department or agency of the United States.
new text end

new text begin (k) "Work" includes employment that is full time or part
time for a period of time exceeding 14 days or for an aggregate
period of time exceeding 30 days during any calendar year,
whether financially compensated, volunteered, or for the purpose
of government or educational benefit.
new text end

new text begin Subd. 1b. new text end

new text begin Registration required. new text end

new text begin (a) A person shall
register under this section if:
new text end

new text begin (1) the person was charged with or petitioned for a felony
violation of or attempt to violate, or aiding, abetting, or
conspiracy to commit, any of the following, and convicted of or
adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances:
new text end

new text begin (i) murder under section 609.185, clause (2);
new text end

new text begin (ii) kidnapping under section 609.25;
new text end

new text begin (iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
new text end

new text begin (iv) indecent exposure under section 617.23, subdivision 3;
new text end

new text begin (2) the person was charged with or petitioned for false
imprisonment in violation of section 609.255, subdivision 2;
soliciting a minor to engage in prostitution in violation of
section 609.322 or 609.324; soliciting a minor to engage in
sexual conduct in violation of section 609.352; using a minor in
a sexual performance in violation of section 617.246; or
possessing pornographic work involving a minor in violation of
section 617.247, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of
circumstances;
new text end

new text begin (3) the person was sentenced as a patterned sex offender
under section 609.108; or
new text end

new text begin (4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of
the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2),
or (3).
new text end

new text begin (b) A person also shall register under this section if:
new text end

new text begin (1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
new text end

new text begin (2) the person enters this state to reside, work, or attend
school, or enters this state and remains for 14 days or longer;
and
new text end

new text begin (3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is
subject to lifetime registration, in which case the person shall
register for life regardless of when the person was released
from confinement, convicted, or adjudicated delinquent.
new text end

new text begin (c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10, or
a similar law of another state or the United States, regardless
of whether the person was convicted of any offense.
new text end

new text begin (d) A person also shall register under this section if:
new text end

new text begin (1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in
paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned
for a violation of any of the offenses listed in paragraph (a),
clause (2), or a similar law of another state or the United
States;
new text end

new text begin (2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or
found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
new text end

new text begin (3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or
the United States.
new text end

Subd. 2.

Notice.

When a person who is required to
register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (a), is sentenced or
becomes subject to a juvenile court disposition order, the court
shall tell the person of the duty to register under this section
and that, if the person fails to comply with the registration
requirements, information about the offender may be made
available to the public through electronic, computerized, or
other accessible means. The court may not modify the person's
duty to register in the pronounced sentence or disposition
order. The court shall require the person to read and sign a
form stating that the duty of the person to register under this
section has been explained. The court shall forward the signed
sex offender registration form, the complaint, and sentencing
documents to the bureau deleted text begin of Criminal Apprehension deleted text end . If a person
required to register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (a), was
not notified by the court of the registration requirement at the
time of sentencing or disposition, the assigned corrections
agent shall notify the person of the requirements of this
section. When a person who is required to register under
subdivision deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (c) or (d), is released from
commitment, the treatment facility shall notify the person of
the requirements of this section. The treatment facility shall
also obtain the registration information required under this
section and forward it to the bureau deleted text begin of Criminal Apprehension deleted text end .

Subd. 3.

Registration procedure.

(a) new text begin Except as provided
in subdivision 3a, new text end a person required to register under this
section shall register with the corrections agent as soon as the
agent is assigned to the person. If the person does not have an
assigned corrections agent or is unable to locate the assigned
corrections agent, the person shall register with the law
enforcement deleted text begin agency deleted text end new text begin authority new text end that has jurisdiction in the area
of the person's deleted text begin residence deleted text end new text begin primary address new text end .

(b) new text begin Except as provided in subdivision 3a, new text end at least five
days before the person starts living at a new primary address,
including living in another state, the person shall give written
notice of the new primary deleted text begin living deleted text end address to the assigned
corrections agent or to the law enforcement authority with which
the person currently is registered. If the person will be
living in a new state and that state has a registration
requirement, the person shall also give written notice of the
new address to the designated registration agency in the new
state. A person required to register under this section shall
also give written notice to the assigned corrections agent or to
the law enforcement authority that has jurisdiction in the area
of the person's deleted text begin residence deleted text end new text begin primary address new text end that the person is no
longer living or staying at an address, immediately after the
person is no longer living or staying at that address. The
corrections agent or law enforcement authority shall, within two
business days after receipt of this information, forward it to
the bureau deleted text begin of Criminal Apprehension deleted text end . The bureau deleted text begin of Criminal
Apprehension deleted text end shall, if it has not already been done, notify the
law enforcement authority having primary jurisdiction in the
community where the person will live of the new address. If the
person is leaving the state, the bureau deleted text begin of Criminal Apprehension
deleted text end shall notify the registration authority in the new state of the
new address. deleted text begin If the person's obligation to register arose under
subdivision 1, paragraph (b), deleted text end The person's registration
requirements under this section terminate deleted text begin when deleted text end new text begin after new text end the person
begins living in the new state new text begin and the bureau has confirmed the
address in the other state through the annual verification
process on at least one occasion new text end .

(c) A person required to register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end ,
paragraph (b), because the person is working or attending school
in Minnesota shall register with the law enforcement
deleted text begin agency deleted text end new text begin authority new text end that has jurisdiction in the area where the
person works or attends school. In addition to other
information required by this section, the person shall provide
the address of the school or of the location where the person is
employed. A person deleted text begin must deleted text end new text begin shall new text end comply with this paragraph within
five days of beginning employment or school. A person's
obligation to register under this paragraph terminates when the
person is no longer working or attending school in Minnesota.

(d) A person required to register under this section who
works or attends school outside of Minnesota shall register as a
predatory offender in the state where the person works or
attends school. The person's corrections agent, or if the
person does not have an assigned corrections agent, the law
enforcement authority that has jurisdiction in the area of the
person's deleted text begin residence deleted text end new text begin primary address new text end shall notify the person of
this requirement.

new text begin Subd. 3a. new text end

new text begin Registration procedure when person lacks
primary address. new text end

new text begin (a) If a person leaves a primary address and
does not have a new primary address, the person shall register
with the law enforcement authority that has jurisdiction in the
area where the person is staying within 24 hours of the time the
person no longer has a primary address.
new text end

new text begin (b) A person who lacks a primary address shall register
with the law enforcement authority that has jurisdiction in the
area where the person is staying within 24 hours after entering
the jurisdiction. Each time a person who lacks a primary
address moves to a new jurisdiction without acquiring a new
primary address, the person shall register with the law
enforcement authority that has jurisdiction in the area where
the person is staying within 24 hours after entering the
jurisdiction.
new text end

new text begin (c) Upon registering under this subdivision, the person
shall provide the law enforcement authority with all of the
information the individual is required to provide under
subdivision 4a. However, instead of reporting the person's
primary address, the person shall describe the location of where
the person is staying with as much specificity as possible.
new text end

new text begin (d) Except as otherwise provided in paragraph (e), if a
person continues to lack a primary address, the person shall
report in person on a weekly basis to the law enforcement
authority with jurisdiction in the area where the person is
staying. This weekly report shall occur between the hours of
9:00 a.m. and 5:00 p.m. The person is not required to provide
the registration information required under subdivision 4a each
time the offender reports to an authority, but the person shall
inform the authority of changes to any information provided
under this subdivision or subdivision 4a and shall otherwise
comply with this subdivision.
new text end

new text begin (e) If the law enforcement authority determines that it is
impractical, due to the person's unique circumstances, to
require a person lacking a primary address to report weekly and
in person as required under paragraph (d), the authority may
authorize the person to follow an alternative reporting
procedure. The authority shall consult with the person's
corrections agent, if the person has one, in establishing the
specific criteria of this alternative procedure, subject to the
following requirements:
new text end

new text begin (1) the authority shall document, in the person's
registration record, the specific reasons why the weekly
in-person reporting process is impractical for the person to
follow;
new text end

new text begin (2) the authority shall explain how the alternative
reporting procedure furthers the public safety objectives of
this section;
new text end

new text begin (3) the authority shall require the person lacking a
primary address to report in person at least monthly to the
authority or the person's corrections agent and shall specify
the location where the person shall report. If the authority
determines it would be more practical and would further public
safety for the person to report to another law enforcement
authority with jurisdiction where the person is staying, it may,
after consulting with the other law enforcement authority,
include this requirement in the person's alternative reporting
process;
new text end

new text begin (4) the authority shall require the person to comply with
the weekly, in-person reporting process required under paragraph
(d), if the person moves to a new area where this process would
be practical;
new text end

new text begin (5) the authority shall require the person to report any
changes to the registration information provided under
subdivision 4a and to comply with the periodic registration
requirements specified under paragraph (f); and
new text end

new text begin (6) the authority shall require the person to comply with
the requirements of subdivision 3, paragraphs (b) and (c), if
the person moves to a primary address.
new text end

new text begin (f) If a person continues to lack a primary address and
continues to report to the same law enforcement authority, the
person shall provide the authority with all of the information
the individual is required to provide under this subdivision and
subdivision 4a at least annually, unless the person is required
to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185
or a similar law of another state or the United States. If the
person is required to register under subdivision 1b, paragraph
(c), the person shall provide the law enforcement authority with
all of the information the individual is required to report
under this subdivision and subdivision 4a at least once every
three months.
new text end

new text begin (g) A law enforcement authority receiving information under
this subdivision shall forward registration information and
changes to that information to the bureau within two business
days of receipt of the information.
new text end

new text begin (h) For purposes of this subdivision, a person who fails to
report a primary address will be deemed to be a person who lacks
a primary address, and the person shall comply with the
requirements for a person who lacks a primary address.
new text end

Subd. 4.

Contents of registration.

(a) The registration
provided to the corrections agent or law enforcement authority,
must consist of a statement in writing signed by the person,
giving information required by the bureau deleted text begin of Criminal
Apprehension deleted text end , a fingerprint card, and photograph of the person
taken at the time of the person's release from incarceration or,
if the person was not incarcerated, at the time the person
initially registered under this section. The registration
information also must include a written consent form signed by
the person allowing a treatment facility new text begin or residential housing
unit or shelter new text end to release information to a law enforcement
officer about the person's admission to, or residence in, a
treatment facility new text begin or residential housing unit or shelter new text end .
Registration information on adults and juveniles may be
maintained together notwithstanding section 260B.171,
subdivision 3.

(b) For persons required to register under subdivision deleted text begin 1
deleted text end new text begin 1b new text end , paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States, in addition to other information
required by this section, the registration provided to the
corrections agent or law enforcement authority must include the
person's offense history and documentation of treatment received
during the person's commitment. This documentation deleted text begin shall be deleted text end new text begin is
new text end limited to a statement of how far the person progressed in
treatment during commitment.

(c) Within three days of receipt, the corrections agent or
law enforcement authority shall forward the registration
information to the bureau deleted text begin of Criminal Apprehension deleted text end . The bureau
shall ascertain whether the person has registered with the law
enforcement authority deleted text begin where the person resides deleted text end new text begin in the area of
the person's primary address, if any, or if the person lacks a
primary address, where the person is staying, as required by
subdivision 3a new text end . If the person has not registered with the law
enforcement authority, the bureau shall send one copy to that
authority.

(d) The corrections agent or law enforcement authority may
require that a person required to register under this section
appear before the agent or authority to be photographed. The
agent or authority shall forward the photograph to the bureau deleted text begin of
Criminal Apprehension deleted text end .

(e) During the period a person is required to register
under this section, the following deleted text begin shall deleted text end new text begin provisions new text end apply:

(1) new text begin Except for persons registering under subdivision 3a,
new text end the bureau deleted text begin of Criminal Apprehension deleted text end shall mail a verification
form to the deleted text begin last reported address of the deleted text end person's deleted text begin residence deleted text end new text begin last
reported primary address new text end . This verification form deleted text begin shall deleted text end new text begin must
new text end provide notice to the offender that, if the offender does not
return the verification form as required, information about the
offender may be made available to the public through electronic,
computerized, or other accessible means. new text begin For persons who are
registered under subdivision 3a, the bureau shall mail an annual
verification form to the law enforcement authority where the
offender most recently reported. The authority shall provide
the verification form to the person at the next weekly meeting
and ensure that the person completes and signs the form and
returns it to the bureau.
new text end

(2) The person shall mail the signed verification form back
to the bureau deleted text begin of Criminal Apprehension deleted text end within ten days after
receipt of the form, stating on the form the current and last
address of the person's residence and the other information
required under subdivision 4a.

(3) new text begin In addition to the requirements listed in this section,
a person who is assigned to risk level II or risk level III
under section 244.052, and who is no longer under correctional
supervision, shall have an annual in-person contact with the law
enforcement authority in the area of the person's primary
address or, if the person has no primary address, where the
person is staying. During the month of the person's birth date,
the person shall report to the authority to verify the accuracy
of the registration information and to be photographed. Within
three days of this contact, the authority shall enter
information as required by the bureau into the predatory
offender registration database and submit an updated photograph
of the person to the bureau's predatory offender registration
unit.
new text end

new text begin (4) new text end If the person fails to mail the completed and signed
verification form to the bureau deleted text begin of Criminal Apprehension deleted text end within
ten days after receipt of the form, new text begin or if the person fails to
report to the law enforcement authority during the month of the
person's birth date, new text end the person deleted text begin shall be deleted text end new text begin is new text end in violation of this
section.

For persons required to register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end ,
paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States, the bureau shall comply with clause
(1) at least four times each year. new text begin For persons who, under
section 244.052, are assigned to risk level III and who are no
longer under correctional supervision, the bureau shall comply
with clause (1) at least two times each year. new text end For all other
persons required to register under this section, the bureau
shall comply with clause (1) each year within 30 days of the
anniversary date of the person's initial registration.

(f) When sending out a verification form, the bureau deleted text begin of
Criminal Apprehension must deleted text end new text begin shall new text end determine whether the person to
whom the verification form is being sent has signed a written
consent form as provided for in paragraph (a). If the person
has not signed such a consent form, the bureau deleted text begin of Criminal
Apprehension must deleted text end new text begin shall new text end send a written consent form to the
person along with the verification form. A person who receives
this written consent form deleted text begin must deleted text end new text begin shall new text end sign and return it to the
bureau deleted text begin of Criminal Apprehension deleted text end at the same time as the
verification form.

deleted text begin (g) For the purposes of this subdivision, "treatment
facility" means a residential facility, as defined in section
244.052, subdivision 1, and residential chemical dependency
treatment programs and halfway houses licensed under chapter
245A, including, but not limited to, those facilities directly
or indirectly assisted by any department or agency of the United
States.
deleted text end

Subd. 4a.

Information required to be provided.

(a) deleted text begin As
used in this section:
deleted text end

deleted text begin (1) "motor vehicle" has the meaning given "vehicle" in
section 169.01, subdivision 2;
deleted text end

deleted text begin (2) "primary residence" means any place where the person
resides longer than 14 days or that is deemed a primary
residence by a person's corrections agent, if one is assigned to
the person; and
deleted text end

deleted text begin (3) "secondary residence" means any place where the person
regularly stays overnight when not staying at the person's
primary residence, and includes, but is not limited to:
deleted text end

deleted text begin (i) the person's parent's home if the person is a student
and stays at the home at times when the person is not staying at
school, including during the summer; and
deleted text end

deleted text begin (ii) the home of someone with whom the person has a minor
child in common where the child's custody is shared.
deleted text end

deleted text begin (b) deleted text end A person required to register under this section shall
provide to the corrections agent or law enforcement authority
the following information:

(1) the deleted text begin address of the deleted text end person's primary deleted text begin residence deleted text end new text begin address new text end ;

(2) deleted text begin the addresses of deleted text end all new text begin of new text end the person's secondary
deleted text begin residences deleted text end new text begin addresses new text end in Minnesota, including all addresses used
for residential or recreational purposes;

(3) the addresses of all Minnesota property owned, leased,
or rented by the person;

(4) the addresses of all locations where the person is
employed;

(5) the addresses of all deleted text begin residences deleted text end new text begin schools new text end where the
person deleted text begin resides while attending school deleted text end new text begin is enrolled new text end ; and

(6) the year, model, make, license plate number, and color
of all motor vehicles owned or regularly driven by the person.

deleted text begin (c) deleted text end new text begin (b) new text end The person shall report to the agent or authority
the information required to be provided under paragraph deleted text begin (b) deleted text end new text begin (a) new text end ,
clauses (2) to (6), within five days of the date the clause
becomes applicable. If because of a change in circumstances any
information reported under paragraph deleted text begin (b) deleted text end new text begin (a) new text end , clauses (1) to
(6), no longer applies, the person shall immediately inform the
agent or authority that the information is no longer valid. new text begin If
the person leaves a primary address and does not have a new
primary address, the person shall register as provided in
subdivision 3a.
new text end

Subd. 5.

Criminal penalty.

(a) A person required to
register under this section who knowingly violates any of its
provisions or intentionally provides false information to a
corrections agent, law enforcement authority, or the bureau deleted text begin of
Criminal Apprehension deleted text end is guilty of a felony and may be sentenced
to imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.

(b) Except as provided in paragraph (c), a person convicted
of violating paragraph (a) shall be committed to the custody of
the commissioner of corrections for not less than a year and a
day, nor more than five years.

(c) A person convicted of violating paragraph (a), who has
previously been convicted of or adjudicated delinquent for
violating this section, shall be committed to the custody of the
commissioner of corrections for not less than two years, nor
more than five years.

(d) Prior to the time of sentencing, the prosecutor may
file a motion to have the person sentenced without regard to the
mandatory minimum sentence established by this subdivision. The
motion deleted text begin shall deleted text end new text begin must new text end be accompanied by a statement on the record of
the reasons for it. When presented with the motion, or on its
own motion, the court may sentence the person without regard to
the mandatory minimum sentence if the court finds substantial
and compelling reasons to do so. Sentencing a person in the
manner described in this paragraph is a departure from the
Sentencing Guidelines.

(e) A person convicted and sentenced as required by this
subdivision is not eligible for probation, parole, discharge,
work release, new text begin conditional release, new text end or supervised release, until
that person has served the full term of imprisonment as provided
by law, notwithstanding the provisions of sections 241.26,
242.19, 243.05, 244.04, 609.12, and 609.135.

Subd. 6.

Registration period.

(a) Notwithstanding the
provisions of section 609.165, subdivision 1, and except as
provided in paragraphs (b), (c), and (d), a person required to
register under this section shall continue to comply with this
section until ten years have elapsed since the person initially
registered in connection with the offense, or until the
probation, supervised release, or conditional release period
expires, whichever occurs later. For a person required to
register under this section who is committed under section
253B.18 or 253B.185, the ten-year registration period does not
include the period of commitment.

(b) If a person required to register under this section
fails to deleted text begin register following a change in residence deleted text end new text begin provide the
person's primary address as required by subdivision 3, paragraph
(b), fails to comply with the requirements of subdivision 3a,
fails to provide information as required by subdivision 4a, or
fails to return the verification form referenced in subdivision
4 within ten days new text end , the commissioner of public safety may require
the person to continue to register for an additional period of
five years. This five-year period is added to the end of the
offender's registration period.

(c) If a person required to register under this section is
subsequently incarcerated following a new text begin conviction for a new
offense or following a new text end revocation of probation, supervised
release, or conditional release for deleted text begin that deleted text end new text begin any new text end offense deleted text begin , or a
conviction for any new offense deleted text end , the person shall continue to
register until ten years have elapsed since the person was last
released from incarceration or until the person's probation,
supervised release, or conditional release period expires,
whichever occurs later.

(d) A person shall continue to comply with this section for
the life of that person:

(1) if the person is convicted of or adjudicated delinquent
for any offense for which registration is required under
subdivision deleted text begin 1 deleted text end new text begin 1b new text end , or any offense from another state or any
federal offense similar to the offenses described in subdivision
deleted text begin 1 deleted text end new text begin 1b new text end , and the person has a prior conviction or adjudication for
an offense for which registration was or would have been
required under subdivision deleted text begin 1 deleted text end new text begin 1b new text end , or an offense from another
state or a federal offense similar to an offense described in
subdivision deleted text begin 1 deleted text end new text begin 1b new text end ;

(2) if the person is required to register based upon a
conviction or delinquency adjudication for an offense under
section 609.185, clause (2), or a similar statute from another
state or the United States;

(3) if the person is required to register based upon a
conviction for an offense under section 609.342, subdivision 1,
paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
1, paragraph (a), (c), (d), (e), (f), or (h); 609.344,
subdivision 1, paragraph (a), (c), or (g); or 609.345,
subdivision 1, paragraph (a), (c), or (g); or a statute from
another state or the United States similar to the offenses
described in this clause; or

(4) if the person is required to register under subdivision
deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States.

Subd. 7.

Use of information.

Except as otherwise
provided in subdivision 7a or sections 244.052 and 299C.093, the
information provided under this section is private data on
individuals under section 13.02, subdivision 12. The
information may be used only for law enforcement purposes.

Subd. 7a.

Availability of information on offenders who
are out of compliance with registration law.

(a) The bureau deleted text begin of
Criminal Apprehension deleted text end may make information available to the
public about offenders who are 16 years of age or older and who
are out of compliance with this section for 30 days or longer
for failure to provide the deleted text begin address of the deleted text end offenders' primary or
secondary deleted text begin residences deleted text end new text begin addresses new text end . This information may be made
available to the public through electronic, computerized, or
other accessible means. The amount and type of information made
available deleted text begin shall be deleted text end new text begin is new text end limited to the information necessary for
the public to assist law enforcement in locating the offender.

(b) An offender who comes into compliance with this section
after the bureau deleted text begin of Criminal Apprehension deleted text end discloses information
about the offender to the public may send a written request to
the bureau requesting the bureau to treat information about the
offender as private data, consistent with subdivision 7. The
bureau shall review the request and promptly take reasonable
action to treat the data as private, if the offender has
complied with the requirement that the offender provide deleted text begin the
addresses of deleted text end the offender's primary and secondary deleted text begin residences
deleted text end new text begin addresses new text end , or promptly notify the offender that the information
will continue to be treated as public information and the
reasons for the bureau's decision.

(c) If an offender believes the information made public
about the offender is inaccurate or incomplete, the offender may
challenge the data under section 13.04, subdivision 4.

(d) The bureau deleted text begin of Criminal Apprehension deleted text end is immune from any
civil or criminal liability that might otherwise arise, based on
the accuracy or completeness of any information made public
under this subdivision, if the bureau acts in good faith.

deleted text begin Subd. 8. deleted text end

deleted text begin Law enforcement authority. deleted text end

deleted text begin For purposes of this
section, a law enforcement authority means, with respect to a
home rule charter or statutory city, the chief of police, and
with respect to an unincorporated area, the sheriff of the
county.
deleted text end

Subd. 9.

Offenders from other states.

When the state
accepts an offender from another state under a reciprocal
agreement under the interstate compact authorized by section
243.16 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 Subd. 10. new text end

new text begin Venue; aggregation. new text end

new text begin (a) A violation of this
section may be prosecuted in any jurisdiction where an offense
takes place. However, the prosecutorial agency in the
jurisdiction where the person last registered a primary address
is initially responsible to review the case for prosecution.
new text end

new text begin (b) When a person commits two or more offenses in two or
more counties, the accused may be prosecuted for all of the
offenses in any county in which one of the offenses was
committed.
new text end

new text begin Subd. 11. new text end

new text begin Certified copies as evidence. new text end

new text begin Certified copies
of predatory offender registration records are admissible as
substantive evidence when necessary to prove the commission of a
violation of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin The provisions of this section are
effective the day following final enactment, and apply to
persons subject to predatory offender registration on or after
that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 243.167, is
amended to read:

243.167 REGISTRATION UNDER THE PREDATORY OFFENDER
REGISTRATION LAW FOR OTHER OFFENSES.

Subdivision 1.

Definition.

As used in this section,
"crime against the person" means a violation of any of the
following or a similar law of another state or of the United
States: section 609.165; 609.185; 609.19; 609.195; 609.20;
609.205; 609.221; 609.222; 609.223; new text begin 609.2231; new text end 609.224,
subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235;
609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision
2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23,
subdivision 2; or any felony-level violation of section 609.229;
609.377; 609.749; or 624.713.

Subd. 2.

When required.

(a) In addition to the
requirements of section 243.166, a person also shall register
under section 243.166 if:

(1) the person is convicted of a crime against the person;
and

(2) the person was previously convicted of or adjudicated
delinquent for an offense listed in section 243.166, deleted text begin subdivision
1, paragraph (a), deleted text end but was not required to register for the
offense because the registration requirements of that section
did not apply to the person at the time the offense was
committed or at the time the person was released from
imprisonment.

(b) A person who was previously required to register deleted text begin under
section 243.166 deleted text end new text begin in any state new text end and who has completed the
registration requirements of that deleted text begin section deleted text end new text begin state new text end shall again
register under section 243.166 if the person commits a crime
against the person.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 244.052,
subdivision 4, is amended to read:

Subd. 4.

Law enforcement agency; disclosure of
information to public.

(a) The law enforcement agency in the
area where the predatory offender resides, expects to reside, is
employed, or is regularly found, shall disclose to the public
any information regarding the offender contained in the report
forwarded to the agency under subdivision 3, paragraph (f), that
is relevant and necessary to protect the public and to
counteract the offender's dangerousness, consistent with the
guidelines in paragraph (b). The extent of the information
disclosed and the community to whom disclosure is made must
relate to the level of danger posed by the offender, to the
offender's pattern of offending behavior, and to the need of
community members for information to enhance their individual
and collective safety.

(b) The law enforcement agency shall employ the following
guidelines in determining the scope of disclosure made under
this subdivision:

(1) if the offender is assigned to risk level I, the agency
may maintain information regarding the offender within the
agency and may disclose it to other law enforcement agencies.
Additionally, the agency may disclose the information to any
victims of or witnesses to the offense committed by the
offender. The agency shall disclose the information to victims
of the offense committed by the offender who have requested
disclosure and to adult members of the offender's immediate
household;

(2) if the offender is assigned to risk level II, the
agency also may disclose the information to agencies and groups
that the offender is likely to encounter for the purpose of
securing those institutions and protecting individuals in their
care while they are on or near the premises of the institution.
These agencies and groups include the staff members of public
and private educational institutions, day care establishments,
and establishments and organizations that primarily serve
individuals likely to be victimized by the offender. The agency
also may disclose the information to individuals the agency
believes are likely to be victimized by the offender. The
agency's belief shall be based on the offender's pattern of
offending or victim preference as documented in the information
provided by the department of corrections or human services;

(3) if the offender is assigned to risk level III, the
agency shall disclose the information to the persons and
entities described in clauses (1) and (2) and to other members
of the community whom the offender is likely to encounter,
unless the law enforcement agency determines that public safety
would be compromised by the disclosure or that a more limited
disclosure is necessary to protect the identity of the victim.

Notwithstanding the assignment of a predatory offender to
risk level II or III, a law enforcement agency may not make the
disclosures permitted or required by clause (2) or (3), if: the
offender is placed or resides in a residential facility.
However, if an offender is placed or resides in a residential
facility, the offender and the head of the facility shall
designate the offender's likely residence upon release from the
facility and the head of the facility shall notify the
commissioner of corrections or the commissioner of human
services of the offender's likely residence at least 14 days
before the offender's scheduled release date. The commissioner
shall give this information to the law enforcement agency having
jurisdiction over the offender's likely residence. The head of
the residential facility also shall notify the commissioner of
corrections or human services within 48 hours after finalizing
the offender's approved relocation plan to a permanent
residence. Within five days after receiving this notification,
the appropriate commissioner shall give to the appropriate law
enforcement agency all relevant information the commissioner has
concerning the offender, including information on the risk
factors in the offender's history and the risk level to which
the offender was assigned. After receiving this information,
the law enforcement agency shall make the disclosures permitted
or required by clause (2) or (3), as appropriate.

(c) As used in paragraph (b), clauses (2) and (3), "likely
to encounter" means that:

(1) the organizations or community members are in a
location or in close proximity to a location where the offender
lives or is employed, or which the offender visits or is likely
to visit on a regular basis, other than the location of the
offender's outpatient treatment program; and

(2) the types of interaction which ordinarily occur at that
location and other circumstances indicate that contact with the
offender is reasonably certain.

(d) A law enforcement agency or official who discloses
information under this subdivision shall make a good faith
effort to make the notification within 14 days of receipt of a
confirmed address from the Department of Corrections indicating
that the offender will be, or has been, released from
confinement, or accepted for supervision, or has moved to a new
address and will reside at the address indicated. If a change
occurs in the release plan, this notification provision does not
require an extension of the release date.

(e) A law enforcement agency or official who discloses
information under this subdivision shall not disclose the
identity or any identifying characteristics of the victims of or
witnesses to the offender's offenses.

(f) A law enforcement agency shall continue to disclose
information on an offender as required by this subdivision for
as long as the offender is required to register under section
243.166. new text begin This requirement on a law enforcement agency to
continue to disclose information also applies to an offender who
lacks a primary address and is registering under section
243.166, subdivision 3a.
new text end

(g) A law enforcement agency that is disclosing information
on an offender assigned to risk level III to the public under
this subdivision shall inform the commissioner of corrections
what information is being disclosed and forward this information
to the commissioner within two days of the agency's
determination. The commissioner shall post this information on
the Internet as required in subdivision 4b.

(h) A city council may adopt a policy that addresses when
information disclosed under this subdivision must be presented
in languages in addition to English. The policy may address
when information must be presented orally, in writing, or both
in additional languages by the law enforcement agency disclosing
the information. The policy may provide for different
approaches based on the prevalence of non-English languages in
different neighborhoods.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment, and applies to persons subject to
community notification on or after that date.
new text end

Sec. 4. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change all references to
section 243.166, subdivision 1, in Minnesota Statutes to section
243.166.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 243.166, subdivisions 1
and 8, are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end