HF 2045

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; expanding the sex 
  1.3             offender registration act to include child pornography 
  1.4             offenses; requiring notification of local authorities 
  1.5             of the impending release of sex offenders; authorizing 
  1.6             the release to the public of information on registered 
  1.7             sex offenders under certain circumstances; 
  1.8             establishing an end-of-confinement review committee to 
  1.9             assess risks posed by release of sex offenders; 
  1.10            providing risk factors to be applied in the risk 
  1.11            assessment decision; appropriating money; amending 
  1.12            Minnesota Statutes 1994, section 244.10, by adding a 
  1.13            subdivision; Minnesota Statutes 1995 Supplement, 
  1.14            section 243.166, subdivisions 1 and 7; proposing 
  1.15            coding for new law in Minnesota Statutes, chapter 244. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  [LEGISLATIVE FINDINGS AND PURPOSE.] 
  1.18     The legislature finds that if members of the public are 
  1.19  provided adequate notice and information about a sex offender 
  1.20  who has been or is about to be released from custody and who 
  1.21  lives or will live in or near their neighborhood, the community 
  1.22  can develop constructive plans to prepare themselves and their 
  1.23  children for the offender's release. 
  1.24     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  1.25  243.166, subdivision 1, is amended to read: 
  1.26     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
  1.27  register under this section if:  
  1.28     (1) the person was charged with or petitioned for a felony 
  1.29  violation of or attempt to violate any of the following, and 
  1.30  convicted of or adjudicated delinquent for that offense or of 
  2.1   another offense arising out of the same set of circumstances: 
  2.2      (i) murder under section 609.185, clause (2); 
  2.3      (ii) kidnapping under section 609.25, involving a minor 
  2.4   victim; or 
  2.5      (iii) criminal sexual conduct under section 609.342; 
  2.6   609.343; 609.344; or 609.345; or 
  2.7      (2) the person was charged with or petitioned for using a 
  2.8   minor in a sexual performance in violation of section 617.246, 
  2.9   or possessing pictorial representations of minors in violation 
  2.10  of section 617.247, and convicted of or adjudicated delinquent 
  2.11  for that offense or another offense arising out of the same set 
  2.12  of circumstances; or 
  2.13     (3) the person was convicted of a predatory crime as 
  2.14  defined in section 609.1352, and the offender was sentenced as a 
  2.15  patterned sex offender or the court found on its own motion or 
  2.16  that of the prosecutor that the crime was part of a predatory 
  2.17  pattern of behavior that had criminal sexual conduct as its 
  2.18  goal; or 
  2.19     (3) (4) the person was convicted of or adjudicated 
  2.20  delinquent for violating a law of the United States similar to 
  2.21  the offenses described in clause (1) or, (2), or (3). 
  2.22     (b) A person also shall register under this section if: 
  2.23     (1) the person was convicted of or adjudicated delinquent 
  2.24  in another state for an offense that would be a violation of a 
  2.25  law described in paragraph (a) if committed in this state; 
  2.26     (2) the person enters and remains in this state for 30 days 
  2.27  or longer; and 
  2.28     (3) ten years have not elapsed since the person was 
  2.29  released from confinement or, if the person was not confined, 
  2.30  since the person was convicted of or adjudicated delinquent for 
  2.31  the offense that triggers registration.  
  2.32     (c) A person also shall register under this section if the 
  2.33  person was committed pursuant to a court commitment order under 
  2.34  section 253B.185 or Minnesota Statutes 1992, section 526.10, 
  2.35  regardless of whether the person was convicted of any offense. 
  2.36     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  3.1   243.166, subdivision 7, is amended to read: 
  3.2      Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
  3.3   provided in section 244.052, the information provided under this 
  3.4   section is private data on individuals under section 13.01, 
  3.5   subdivision 12.  The information may be used only for law 
  3.6   enforcement purposes.  
  3.7      Sec. 4.  [244.052] [SEX OFFENDERS; NOTICE.] 
  3.8      Subdivision 1.  [DEFINITIONS.] As used in this section:  
  3.9      (1) "accepted for supervision" means accepted from another 
  3.10  state under a reciprocal agreement under the interstate compact 
  3.11  authorized by section 243.16; 
  3.12     (2) "confinement" means confinement in a state correctional 
  3.13  facility or a state treatment facility; 
  3.14     (3) "law enforcement agency" means the law enforcement 
  3.15  agency having primary jurisdiction over the location where the 
  3.16  offender expects to reside upon release; and 
  3.17     (4) "sex offender" and "offender" mean a person who has 
  3.18  been convicted of an offense for which registration under 
  3.19  section 243.166 is required or a person who has been committed 
  3.20  pursuant to a court commitment order under section 253B.185 or 
  3.21  Minnesota Statutes 1992, section 526.10, regardless of whether 
  3.22  the person was convicted of any offense. 
  3.23     Subd. 2.  [RISK ASSESSMENT SCALE.] By January 1, 1997, the 
  3.24  commissioner of corrections shall develop a risk assessment 
  3.25  scale which assigns weights to the various risk factors listed 
  3.26  in subdivision 3, paragraph (f), and specifies the risk level to 
  3.27  which offenders with various risk assessment scores shall be 
  3.28  assigned.  In developing this scale, the commissioner shall 
  3.29  consult with county attorneys, treatment professionals, law 
  3.30  enforcement officials, and probation officers. 
  3.31     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
  3.32  commissioner of corrections shall establish and administer 
  3.33  end-of-confinement review committees at each state correctional 
  3.34  facility and at each state treatment facility where sex 
  3.35  offenders are confined.  The committees shall assess on a 
  3.36  case-by-case basis: 
  4.1      (1) the public risk posed by sex offenders who are about to 
  4.2   be released from confinement; and 
  4.3      (2) the public risk posed by sex offenders who are accepted 
  4.4   from another state under a reciprocal agreement under the 
  4.5   interstate compact authorized by section 243.16.  
  4.6      Each committee shall be a standing committee and shall 
  4.7   consist of the following members appointed by the commissioner: 
  4.8      (1) the chief executive officer or head of the correctional 
  4.9   or treatment facility where the offender is currently confined, 
  4.10  or that person's designee; 
  4.11     (2) a law enforcement officer; 
  4.12     (3) a treatment professional who is trained in the 
  4.13  assessment of sex offenders; 
  4.14     (4) a caseworker experienced in supervising sex offenders; 
  4.15  and 
  4.16     (5) a representative from a victim advocacy organization. 
  4.17  The chief executive officer or head of the facility or designee 
  4.18  shall act as chair of the committee and shall use the facility's 
  4.19  staff, as needed, to administer the committee, obtain necessary 
  4.20  information from outside sources, and prepare risk assessment 
  4.21  reports on offenders. 
  4.22     (b) The committee shall have access to the following data 
  4.23  on a sex offender only for the purposes of its assessment under 
  4.24  this section: 
  4.25     (1) private medical data under section 13.42; 
  4.26     (2) private and confidential court services data under 
  4.27  section 13.84; 
  4.28     (3) private and confidential corrections data under section 
  4.29  13.85; and 
  4.30     (4) private criminal history data under section 13.87. 
  4.31     Data collected and maintained by the committee under this 
  4.32  paragraph may not be disclosed outside the committee. 
  4.33     (c) At least 90 days before a sex offender is to be 
  4.34  released from confinement or accepted for supervision, the 
  4.35  commissioner of corrections shall convene the appropriate 
  4.36  end-of-confinement review committee for the purpose of assessing 
  5.1   the risk presented by the offender and determining the risk 
  5.2   level to which the offender shall be assigned under paragraph 
  5.3   (d).  The offender shall be notified of the time and place of 
  5.4   the committee's meeting and has a right to be present and be 
  5.5   heard at the meeting.  The committee shall use the risk factors 
  5.6   described in paragraph (f) and the risk assessment scale 
  5.7   developed under subdivision 2 to determine the offender's risk 
  5.8   assessment score and risk level.  Offenders scheduled for 
  5.9   release from confinement shall be assessed by the committee 
  5.10  established at the facility from which the offender is to be 
  5.11  released.  Offenders accepted for supervision shall be assessed 
  5.12  by whichever committee the commissioner directs. 
  5.13     (d) The committee shall assign to risk level I a sex 
  5.14  offender whose risk assessment score indicates a low risk of 
  5.15  reoffense.  The committee shall assign to risk level II an 
  5.16  offender whose risk assessment score indicates a moderate risk 
  5.17  of reoffense.  The committee shall assign to risk level III an 
  5.18  offender whose risk assessment score indicates a high risk of 
  5.19  reoffense. 
  5.20     (e) Before the sex offender is released from confinement or 
  5.21  accepted for supervision, the committee shall prepare a risk 
  5.22  assessment report which specifies the risk level to which the 
  5.23  offender has been assigned and the reasons underlying the 
  5.24  committee's risk assessment decision.  The committee shall give 
  5.25  the report to the offender and to the law enforcement agency at 
  5.26  least 60 days before an offender is released from confinement or 
  5.27  accepted for supervision.  The committee also shall inform the 
  5.28  offender of the availability of review under subdivision 6. 
  5.29     (f) As used in this subdivision, "risk factors" includes, 
  5.30  but is not limited to, the following factors: 
  5.31     (1) the seriousness of the offense should the offender 
  5.32  reoffend.  This factor includes consideration of the following:  
  5.33  (i) the degree of likely force or harm; (ii) the degree of 
  5.34  likely physical contact; and (iii) the age of the likely victim; 
  5.35     (2) the offender's prior offense history.  This factor 
  5.36  includes consideration of the following:  (i) the relationship 
  6.1   of prior victims to the offender; (ii) the number of prior 
  6.2   offenses or victims; (iii) the duration of the offender's prior 
  6.3   offense history; (iv) the length of time since the offender's 
  6.4   last prior offense, while the offender was at risk to commit 
  6.5   offenses; and (v) the offender's prior history of other 
  6.6   antisocial acts; 
  6.7      (3) the offender's characteristics.  This factor includes 
  6.8   consideration of the following:  (i) the offender's response to 
  6.9   prior treatment efforts; and (ii) the offender's history of 
  6.10  substance abuse; 
  6.11     (4) the availability of community supports to the offender. 
  6.12  This factor includes consideration of the following:  (i) the 
  6.13  availability and likelihood that the offender will be involved 
  6.14  in therapeutic treatment; (ii) the availability of residential 
  6.15  supports to the offender, such as a stable and supervised living 
  6.16  arrangement in an appropriate location; (iii) the offender's 
  6.17  familial and social relationships, including the nature and 
  6.18  length of these relationships and the level of support that the 
  6.19  offender may receive from these persons; and (iv) the offender's 
  6.20  lack of education or employment stability; 
  6.21     (5) whether the offender has indicated or credible evidence 
  6.22  in the record indicates that the offender will reoffend if 
  6.23  released into the community; and 
  6.24     (6) whether the offender demonstrates a physical condition 
  6.25  that minimizes the risk of reoffense, including but not limited 
  6.26  to, advanced age or a debilitating illness or physical condition.
  6.27     (g) Upon the request of the law enforcement agency or the 
  6.28  offender's corrections agent, the commissioner may reconvene the 
  6.29  end-of-confinement review committee for the purpose of 
  6.30  reassessing the risk level to which an offender has been 
  6.31  assigned under paragraph (d).  In a request for a reassessment, 
  6.32  the law enforcement agency or agent shall list the facts and 
  6.33  circumstances arising after the initial assignment under 
  6.34  paragraph (d) which support the request for a reassessment.  
  6.35  Upon review of the request, the end-of-confinement review 
  6.36  committee may reassign an offender to a different risk level.  
  7.1   If the offender is reassigned to a higher risk level, the 
  7.2   offender has the right to seek review of the committee's 
  7.3   determination under subdivision 6. 
  7.4      (h) An offender may request the end-of-confinement review 
  7.5   committee to reassess the offender's assigned risk level after 
  7.6   two years have elapsed since the committee's initial risk 
  7.7   assessment and may renew the request once every two years 
  7.8   following subsequent denials.  In a request for reassessment, 
  7.9   the offender shall list the facts and circumstances which 
  7.10  demonstrate that the offender no longer poses the same degree of 
  7.11  risk to the community.  The committee shall follow the process 
  7.12  outlined in paragraphs (a) to (d), and (f) in the reassessment.  
  7.13     Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
  7.14  INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
  7.15  area where the sex offender resides, expects to reside, is 
  7.16  employed, or is regularly found, is authorized to disclose 
  7.17  information to the public regarding the offender if the agency 
  7.18  determines that disclosure of the information is relevant and 
  7.19  necessary to protect the public and to counteract the offender's 
  7.20  dangerousness.  The extent of the information disclosed and the 
  7.21  community to whom disclosure is made must relate to the level of 
  7.22  danger posed by the offender and to the need of community 
  7.23  members for information to enhance their individual and 
  7.24  collective safety. 
  7.25     (b) The law enforcement agency shall consider the following 
  7.26  guidelines in determining the scope of disclosure made under 
  7.27  this subdivision: 
  7.28     (1) if the offender is assigned to risk level I, the agency 
  7.29  may maintain information regarding the offender within the 
  7.30  agency and may disclose it to other law enforcement agencies.  
  7.31  Additionally, the agency may disclose the information to any 
  7.32  victims of or witnesses to the offense committed by the offender.
  7.33  The agency shall disclose the information to victims of the 
  7.34  offense committed by the offender who have requested disclosure; 
  7.35     (2) if the offender is assigned to risk level II, the 
  7.36  agency also may disclose the information to the following 
  8.1   agencies and groups that the offender is likely to encounter:  
  8.2   public and private educational institutions; day care 
  8.3   establishments; and establishments and organizations that 
  8.4   primarily serve children or women; 
  8.5      (3) if the offender is assigned to risk level III, the 
  8.6   agency also may disclose the information to other members of the 
  8.7   community whom the offender is likely to encounter. 
  8.8      Notwithstanding the assignment of a sex offender to risk 
  8.9   level II or III, a law enforcement agency may not make the 
  8.10  disclosures permitted by clause (2) or (3), if:  the offender is 
  8.11  placed or resides in a residential facility that is licensed as 
  8.12  a residential program, as defined in section 245A.02, 
  8.13  subdivision 14, by the commissioner of human services under 
  8.14  chapter 254A, or the commissioner of corrections under section 
  8.15  241.021; and the facility and its staff are trained in the 
  8.16  supervision of sex offenders.  However, if an offender is placed 
  8.17  or resides in a licensed facility, the head of the facility 
  8.18  shall notify the law enforcement agency before the end of the 
  8.19  offender's placement or residence in the facility.  Upon 
  8.20  receiving this notification, the law enforcement agency may make 
  8.21  the disclosures permitted by clause (2) or (3), as appropriate. 
  8.22     As used in clauses (2) and (3), "likely to encounter" means 
  8.23  that:  (1) the organizations or community members are in a 
  8.24  location or in close proximity to a location where the offender 
  8.25  lives or is employed, or which the offender visits or is likely 
  8.26  to visit on a regular basis, other than the location of the 
  8.27  offender's outpatient treatment program; and (2) the types of 
  8.28  interaction which ordinarily occur at that location and other 
  8.29  circumstances indicate that contact with the offender is 
  8.30  reasonably certain. 
  8.31     (c) A law enforcement agency or official who decides to 
  8.32  disclose information under this subdivision shall make a good 
  8.33  faith effort to make the notification at least 14 days before an 
  8.34  offender is released from confinement or accepted for 
  8.35  supervision.  If a change occurs in the release plan, this 
  8.36  notification provision does not require an extension of the 
  9.1   release date.  
  9.2      Subd. 5.  [RELEVANT INFORMATION PROVIDED TO LAW 
  9.3   ENFORCEMENT.] At least 60 days before a sex offender is released 
  9.4   from confinement or accepted for supervision, the department of 
  9.5   corrections or the department of human services, in the case of 
  9.6   a person who was committed under section 253B.185 or Minnesota 
  9.7   Statutes 1992, section 526.10, shall provide the appropriate law 
  9.8   enforcement agency all relevant information that the departments 
  9.9   have concerning the offender, including information on risk 
  9.10  factors in the offender's history. 
  9.11     Subd. 6.  [ADMINISTRATIVE REVIEW.] (a) An offender assigned 
  9.12  or reassigned to risk level II or III under subdivision 3, 
  9.13  paragraph (d) or (g), has the right to seek administrative 
  9.14  review of an end-of-confinement review committee's risk 
  9.15  assessment determination.  The offender must exercise this right 
  9.16  within 14 days of receiving notice of the committee's decision 
  9.17  by notifying the chair of the committee.  Upon receiving the 
  9.18  request for administrative review, the chair shall notify the 
  9.19  offender, the victim or victims of the offender's offense or 
  9.20  their designee, the law enforcement agency, and any other 
  9.21  individuals the chair may select, of the time and place of the 
  9.22  hearing.  A request for a review hearing shall not interfere 
  9.23  with or delay the notification process under subdivision 4 or 5. 
  9.24     (b) An offender who requests a review hearing must be given 
  9.25  a reasonable opportunity to prepare for the hearing.  The review 
  9.26  hearing shall be conducted on the record before an 
  9.27  administrative law judge.  The attorney general or a designee 
  9.28  shall defend the end-of-confinement review committee's 
  9.29  determination.  The offender has the right to be present and be 
  9.30  represented by counsel at the hearing, to present evidence in 
  9.31  support of the offender's position, to call supporting witnesses 
  9.32  and to cross-examine witnesses testifying in support of the 
  9.33  committee's determination.  Counsel for indigent offenders shall 
  9.34  be provided by the Legal Advocacy Project of the state public 
  9.35  defender's office.  
  9.36     (c) After the hearing is concluded, the administrative law 
 10.1   judge shall either uphold or modify the end-of-confinement 
 10.2   review committee's risk level determination.  The judge's 
 10.3   decision shall be in writing and shall include the judge's 
 10.4   reasons for the decision.  The judge's decision shall be final 
 10.5   and a copy of it shall be given to the offender, the victim, the 
 10.6   law enforcement agency, and the chair of the end-of-confinement 
 10.7   review committee. 
 10.8      (d) The review hearing is not subject to the contested case 
 10.9   provisions of chapter 14. 
 10.10     Subd. 7.  [IMMUNITY FROM LIABILITY.] A state or local 
 10.11  agency or official, or a private organization or individual 
 10.12  authorized to act on behalf of a state or local agency or 
 10.13  official, is not civilly or criminally liable for disclosing or 
 10.14  failing to disclose information as permitted by this section.  
 10.15     Subd. 8.  [LIMITATION ON SCOPE.] Nothing in this section 
 10.16  imposes a duty upon a person licensed under chapter 82, or an 
 10.17  employee of the person, to disclose information regarding an 
 10.18  offender who is required to register under section 243.166, or 
 10.19  about whom notification is made under this section. 
 10.20     Sec. 5.  [244.053] [NOTICE OF RELEASE OF CERTAIN 
 10.21  OFFENDERS.] 
 10.22     Subdivision 1.  [NOTICE OF IMPENDING RELEASE.] At least 60 
 10.23  days before the release of any inmate convicted of an offense 
 10.24  requiring registration under section 243.166, the commissioner 
 10.25  of corrections shall send written notice of the impending 
 10.26  release to the sheriff of the county and the police chief of the 
 10.27  city in which the inmate will reside or in which placement will 
 10.28  be made in a work release program.  The sheriff of the county 
 10.29  where the offender was convicted also shall be notified of the 
 10.30  inmate's impending release. 
 10.31     Subd. 2.  [ADDITIONAL NOTICE.] The same notice shall be 
 10.32  sent to the following persons concerning a specific inmate 
 10.33  convicted of an offense requiring registration under section 
 10.34  243.166: 
 10.35     (1) the victim of the crime for which the inmate was 
 10.36  convicted or a deceased victim's next of kin if the victim or 
 11.1   deceased victim's next of kin requests the notice in writing; 
 11.2      (2) any witnesses who testified against the inmate in any 
 11.3   court proceedings involving the offense, if the witness requests 
 11.4   the notice in writing; and 
 11.5      (3) any person specified in writing by the prosecuting 
 11.6   attorney. 
 11.7      The notice sent to victims under clause (1) must inform the 
 11.8   person that the person has the right to request and receive 
 11.9   information about the offender authorized for disclosure under 
 11.10  the community notification provisions of section 244.052. 
 11.11     If the victim or witness is under the age of 16, the notice 
 11.12  required by this section shall be sent to the parents or legal 
 11.13  guardian of the child.  The commissioner shall send the notices 
 11.14  required by this provision to the last address provided to the 
 11.15  commissioner by the requesting party.  The requesting party 
 11.16  shall furnish the commissioner with a current address.  
 11.17  Information regarding witnesses requesting the notice, 
 11.18  information regarding any other person specified in writing by 
 11.19  the prosecuting attorney to receive the notice, and the notice 
 11.20  are private data on individuals, as defined in section 13.02, 
 11.21  subdivision 12, and are not available to the inmate. 
 11.22     The notice to victims provided under this subdivision does 
 11.23  not limit the victim's right to request notice of release under 
 11.24  section 611A.06. 
 11.25     Subd. 3.  [NO EXTENSION OF RELEASE DATE.] The existence of 
 11.26  the notice requirements contained in this section shall in no 
 11.27  event require an extension of the release date. 
 11.28     Sec. 6.  Minnesota Statutes 1994, section 244.10, is 
 11.29  amended by adding a subdivision to read: 
 11.30     Subd. 2a.  [NOTICE OF INFORMATION REGARDING SEX 
 11.31  OFFENDERS.] (a) In any case in which a person is convicted of an 
 11.32  offense which requires registration under section 243.166, 
 11.33  subdivision 1, and the presumptive sentence under the sentencing 
 11.34  guidelines is commitment to the custody of the commissioner of 
 11.35  corrections, if the court grants a dispositional departure and 
 11.36  stays imposition or execution of sentence, the probation or 
 12.1   court services officer who is assigned to supervise the offender 
 12.2   shall provide in writing to the following the fact that the 
 12.3   offender is on probation and the terms and conditions of 
 12.4   probation: 
 12.5      (1) a victim of and any witnesses to the offense committed 
 12.6   by the offender, if the victim or the witness has requested 
 12.7   notice; and 
 12.8      (2) the chief law enforcement officer in the area where the 
 12.9   offender resides or intends to reside. 
 12.10     The probation officer is not required under this 
 12.11  subdivision to provide any notice while the offender is placed 
 12.12  or resides in a residential facility that is licensed under 
 12.13  section 245A.02, subdivision 14, or section 241.021, if the 
 12.14  facility staff is trained in the supervision of sex offenders. 
 12.15     (b) The notice authorized by paragraph (a) shall be limited 
 12.16  to data classified as public under section 13.84, subdivision 6, 
 12.17  unless the offender provides informed consent to authorize the 
 12.18  release of nonpublic data or unless a court order authorizes the 
 12.19  release of nonpublic data. 
 12.20     (c) Nothing in this subdivision shall be interpreted to 
 12.21  impose a duty on any person to use any information regarding an 
 12.22  offender about whom notification is made under this subdivision. 
 12.23     Sec. 7.  [COMMUNITY NOTIFICATION ABOUT SEX OFFENDERS; 
 12.24  POLICY AND INSTRUCTION.] 
 12.25     Subdivision 1.  [MODEL POLICY.] (a) By August 1, 1996, the 
 12.26  Minnesota chiefs of police association and the Minnesota 
 12.27  sheriffs association shall develop a model policy for law 
 12.28  enforcement agencies to follow when they disclose information on 
 12.29  sex offenders to the public under Minnesota Statutes, section 
 12.30  244.052, subdivision 3.  The model policy shall be designed to 
 12.31  further the objectives of providing adequate notice to the 
 12.32  community concerning sex offenders who are or will be residing 
 12.33  in the neighborhood and of helping community members develop 
 12.34  constructive plans to prepare themselves and their children for 
 12.35  residing near these sex offenders.  In developing the policy, 
 12.36  the two associations shall consult with representatives of the 
 13.1   bureau of criminal apprehension, the Minnesota association of 
 13.2   women police, the Minnesota sex crimes investigators 
 13.3   association, the Minnesota police and peace officers 
 13.4   association, the Minnesota institute of community policing, the 
 13.5   county attorneys association, the commissioner of corrections, 
 13.6   local corrections agencies, the state public defender, sex 
 13.7   offender treatment professionals, victims groups, and interested 
 13.8   members of the public. 
 13.9      (b) The model policy shall, at a minimum, address the 
 13.10  following matters: 
 13.11     (1) recommended contents and form of community notification 
 13.12  documents, including recommended ways of protecting the privacy 
 13.13  of victims of the offender's crime; 
 13.14     (2) recommended method or methods of distributing community 
 13.15  notification documents; 
 13.16     (3) recommended methods of providing follow-up 
 13.17  notifications to community residents at specified intervals and 
 13.18  of disclosing information about offenders to law enforcement 
 13.19  agencies in other jurisdictions when necessary to protect the 
 13.20  public; 
 13.21     (4) recommended methods of educating community residents at 
 13.22  public meetings on how they can use the information in the 
 13.23  notification document in a reasonable manner to enhance their 
 13.24  individual and collective safety; 
 13.25     (5) procedures for ensuring that community members are 
 13.26  educated regarding the right of sex offenders not to be 
 13.27  subjected to harassment or criminal acts because of the 
 13.28  notification process; 
 13.29     (6) recommended ways of educating sex offenders before they 
 13.30  are released from incarceration on the nature and scope of the 
 13.31  notification process, the likely reaction of community residents 
 13.32  to their presence in the community, and their right to be free 
 13.33  from harassment or criminal acts committed by community 
 13.34  residents because of the notification process; and 
 13.35     (7) other matters that the associations deem necessary to 
 13.36  ensure the effective and fair administration of the community 
 14.1   notification law. 
 14.2      Subd. 2.  [LOCAL POLICY.] By January 1, 1997, all chief law 
 14.3   enforcement officers shall establish and implement a written 
 14.4   policy governing the public disclosure of information on sex 
 14.5   offenders under Minnesota Statutes, section 244.052, subdivision 
 14.6   3.  A chief law enforcement officer shall adopt a policy that is 
 14.7   identical or substantially similar to the model policy developed 
 14.8   by the associations under subdivision 1. 
 14.9      Sec. 8.  [APPROPRIATION.] 
 14.10     $....... is appropriated from the general fund to the 
 14.11  commissioner of corrections for the fiscal year ending June 30, 
 14.12  1997, to be used to implement the commissioner's duties under 
 14.13  sections 1 and 3 to 5. 
 14.14     $....... is appropriated to the state public defender for 
 14.15  the fiscal year ending June 30, 1997, to be used to implement 
 14.16  the state public defender's duties under section 4. 
 14.17     Sec. 9.  [EFFECTIVE DATE.] 
 14.18     Section 2 is effective August 1, 1996, and applies to 
 14.19  persons who are released from prison on or after that date, or 
 14.20  who are under supervision as of that date, or who enter this 
 14.21  state on or after that date. 
 14.22     Sections 1 and 3 to 5 are effective January 1, 1997, and 
 14.23  apply to persons released on or after that date. 
 14.24     Section 7 is effective the day following final enactment.