HF 2104

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

A bill for an act
relating to public safety; providing for community
notification for out-of-state offenders; expanding the
scope of community notification for offenders not
sentenced to prison; amending Minnesota Statutes 2004,
sections 244.052, subdivision 3, by adding a
subdivision; 244.10, subdivision 2a.

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

Section 1.

Minnesota Statutes 2004, section 244.052,
subdivision 3, is amended to read:

Subd. 3.

End-of-confinement review committee.

(a) The
commissioner of corrections shall establish and administer
end-of-confinement review committees at each state correctional
facility and at each state treatment facility where predatory
offenders are confined. The committees shall assess on a
case-by-case basis the public risk posed by predatory offenders
who are about to be released from confinement.

(b) Each committee shall be a standing committee and shall
consist of the following members appointed by the commissioner:

(1) the chief executive officer or head of the correctional
or treatment facility where the offender is currently confined,
or that person's designee;

(2) a law enforcement officer;

(3) a treatment professional who is trained in the
assessment of sex offenders;

(4) a caseworker experienced in supervising sex offenders;
and

(5) a victim's services professional.

Members of the committee, other than the facility's chief
executive officer or head, shall be appointed by the
commissioner to two-year terms. The chief executive officer or
head of the facility or designee shall act as chair of the
committee and shall use the facility's staff, as needed, to
administer the committee, obtain necessary information from
outside sources, and prepare risk assessment reports on
offenders.

(c) The committee shall have access to the following data
on a predatory offender only for the purposes of its assessment
and to defend the committee's risk assessment determination upon
administrative review under this section:

(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;

(2) private and confidential court services data under
section 13.84;

(3) private and confidential corrections data under section
13.85; and

(4) private criminal history data under section 13.87.

Data collected and maintained by the committee under this
paragraph may not be disclosed outside the committee, except as
provided under section 13.05, subdivision 3 or 4. The predatory
offender has access to data on the offender collected and
maintained by the committee, unless the data are confidential
data received under this paragraph.

(d)(i) Except as otherwise provided in item (ii), at least
90 days before a predatory offender is to be released from
confinement, the commissioner of corrections shall convene the
appropriate end-of-confinement review committee for the purpose
of assessing the risk presented by the offender and determining
the risk level to which the offender shall be assigned under
paragraph (e). The offender and the law enforcement agency that
was responsible for the charge resulting in confinement shall be
notified of the time and place of the committee's meeting. The
offender has a right to be present and be heard at the meeting.
The law enforcement agency may provide material in writing that
is relevant to the offender's risk level to the chair of the
committee. The committee shall use the risk factors described
in paragraph (g) and the risk assessment scale developed under
subdivision 2 to determine the offender's risk assessment score
and risk level. Offenders scheduled for release from
confinement shall be assessed by the committee established at
the facility from which the offender is to be released.

(ii) If an offender is received for confinement in a
facility with less than 90 days remaining in the offender's term
of confinement, the offender's risk shall be assessed at the
first regularly scheduled end of confinement review committee
that convenes after the appropriate documentation for the risk
assessment is assembled by the committee. The commissioner
shall make reasonable efforts to ensure that offender's risk is
assessed and a risk level is assigned or reassigned at least 30
days before the offender's release date.

(e) The committee shall assign to risk level I a predatory
offender whose risk assessment score indicates a low risk of
reoffense. The committee shall assign to risk level II an
offender whose risk assessment score indicates a moderate risk
of reoffense. The committee shall assign to risk level III an
offender whose risk assessment score indicates a high risk of
reoffense.

(f) Before the predatory offender is released from
confinement, the committee shall prepare a risk assessment
report which specifies the risk level to which the offender has
been assigned and the reasons underlying the committee's risk
assessment decision. The committee shall give the report to the
offender and to the law enforcement agency at least 60 days
before an offender is released from confinement. If the risk
assessment is performed under the circumstances described in
paragraph (d), item (ii), the report shall be given to the
offender and the law enforcement agency as soon as it is
available. The committee also shall inform the offender of the
availability of review under subdivision 6.

(g) As used in this subdivision, "risk factors" includes,
but is not limited to, the following factors:

(1) the seriousness of the offense should the offender
reoffend. This factor includes consideration of the following:

(i) the degree of likely force or harm;

(ii) the degree of likely physical contact; and

(iii) the age of the likely victim;

(2) the offender's prior offense history. This factor
includes consideration of the following:

(i) the relationship of prior victims to the offender;

(ii) the number of prior offenses or victims;

(iii) the duration of the offender's prior offense history;

(iv) the length of time since the offender's last prior
offense while the offender was at risk to commit offenses; and

(v) the offender's prior history of other antisocial acts;

(3) the offender's characteristics. This factor includes
consideration of the following:

(i) the offender's response to prior treatment efforts; and

(ii) the offender's history of substance abuse;

(4) the availability of community supports to the offender.
This factor includes consideration of the following:

(i) the availability and likelihood that the offender will
be involved in therapeutic treatment;

(ii) the availability of residential supports to the
offender, such as a stable and supervised living arrangement in
an appropriate location;

(iii) the offender's familial and social relationships,
including the nature and length of these relationships and the
level of support that the offender may receive from these
persons; and

(iv) the offender's lack of education or employment
stability;

(5) whether the offender has indicated or credible evidence
in the record indicates that the offender will reoffend if
released into the community; and

(6) whether the offender demonstrates a physical condition
that minimizes the risk of reoffense, including but not limited
to, advanced age or a debilitating illness or physical condition.

(h) Upon the request of the law enforcement agency or the
offender's corrections agent, the commissioner may reconvene the
end-of-confinement review committee for the purpose of
reassessing the risk level to which an offender has been
assigned under paragraph (e). In a request for a reassessment,
the law enforcement agency which was responsible for the charge
resulting in confinement or agent shall list the facts and
circumstances arising after the initial assignment or facts and
circumstances known to law enforcement or the agent but not
considered by the committee under paragraph (e) which support
the request for a reassessment. The request for reassessment by
the law enforcement agency must occur within 30 days of receipt
of the report indicating the offender's risk level assignment.
The offender's corrections agent, in consultation with the chief
law enforcement officer in the area where the offender resides
or intends to reside, may request a review of a risk level at
any time if substantial evidence exists that the offender's risk
level should be reviewed by an end-of-confinement review
committee. This evidence includes, but is not limited to,
evidence of treatment failures or completions, evidence of
exceptional crime-free community adjustment or lack of
appropriate adjustment, evidence of substantial community need
to know more about the offender or mitigating circumstances that
would narrow the proposed scope of notification, or other
practical situations articulated and based in evidence of the
offender's behavior while under supervision. Upon review of the
request, the end-of-confinement review committee may reassign an
offender to a different risk level. If the offender is
reassigned to a higher risk level, the offender has the right to
seek review of the committee's determination under subdivision 6.

(i) An offender may request the end-of-confinement review
committee to reassess the offender's assigned risk level after
three years have elapsed since the committee's initial risk
assessment and may renew the request once every two years
following subsequent denials. In a request for reassessment,
the offender shall list the facts and circumstances which
demonstrate that the offender no longer poses the same degree of
risk to the community. In order for a request for a risk level
reduction to be granted, the offender must demonstrate full
compliance with supervised release conditions, completion of
required post-release treatment programming, and full compliance
with all registration requirements as detailed in section
243.166. The offender must also not have been convicted of any
felony, gross misdemeanor, or misdemeanor offenses subsequent to
the assignment of the original risk level. The committee shall
follow the process outlined in paragraphs (a) to (c) in the
reassessment. An offender who is incarcerated may not request a
reassessment under this paragraph.

(j) Offenders returned to prison as release violators shall
not have a right to a subsequent risk reassessment by the
end-of-confinement review committee unless substantial evidence
indicates that the offender's risk to the public has increased.

(k) The commissioner shall establish an end-of-confinement
review committee to assign a risk level to offenders who new text begin :
new text end

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

new text begin (2) are new text end accepted from another state under a reciprocal
agreement for parole supervision under the interstate compact
authorized by section 243.16 new text begin or 243.1605 new text end .

The committee shall make reasonable efforts to conform to the
same timelines as applied to Minnesota cases. Offenders
accepted from another state under a reciprocal agreement for
probation supervision are not assigned a risk level, but are
considered downward dispositional departures. The probation or
court services officer and law enforcement officer shall manage
such cases in accordance with section 244.10, subdivision 2a.
The policies and procedures of the committee for federal
offenders and interstate compact cases must be in accordance
with all requirements as set forth in this section, unless
restrictions caused by the nature of federal or interstate
transfers prevents such conformance.

(l) If the committee assigns a predatory offender to risk
level III, the committee shall determine whether residency
restrictions shall be included in the conditions of the
offender's release based on the offender's pattern of offending
behavior.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to offenders entering the state, released from
confinement, subject to community notification, or sentenced on
or after that date.
new text end

Sec. 2.

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

new text begin Subd. 3a. new text end

new text begin Out-of-state offenders; notification
authorized. new text end

new text begin (a) This subdivision applies to offenders who move
or have moved to Minnesota from other states and who:
new text end

new text begin (1) at the time of the move are subject to a community
notification statute similar to this section in the state from
which the offender is moving; and
new text end

new text begin (2) are not assigned a risk level under subdivision 3,
paragraph (k).
new text end

new text begin (b) The law enforcement agency in the area where an
offender described in paragraph (a) resides, expects to reside,
or is regularly found, may disclose information regarding the
offender consistent with subdivision 4, paragraph (a). The
extent of the notification must be consistent with the
notification made about the offender in the state from which the
offender is moving or has moved. However, the extent of the
notification may not exceed that of a risk level II offender
under subdivision 4, paragraph (b), unless the requirements of
paragraph (c) have been met. Except as otherwise provided in
this subdivision and unless clearly inapplicable, the provisions
of subdivision 4 apply to notifications made under this
paragraph.
new text end

new text begin (c) If the notification made concerning the offender in the
state from which the offender is moving or has moved is broader
than that authorized for a risk level II offender under
subdivision 4, paragraph (b), and the agency wants to make a
broader disclosure, the agency may request the
End-of-Confinement Review Committee at the nearest state
correctional or treatment facility to assign a risk level to the
offender. The agency shall provide to the committee all
information concerning the offender's criminal history, the risk
the offender poses to the community, and other relevant
information. In addition, the committee shall attempt to obtain
other information relevant to determining which risk level to
assign the offender. Except as provided in this subdivision and
unless clearly inapplicable, the provisions of subdivision 3
govern the risk assessment under this paragraph. If the
committee assigns the offender to risk level III, the agency may
disclose information in a manner consistent with a risk level
III offender under subdivision 4, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to offenders entering the state, released from
confinement, subject to community notification, or sentenced on
or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 244.10,
subdivision 2a, is amended to read:

Subd. 2a.

Notice of information regarding predatory
offenders.

(a) Subject to paragraph (b), in any case in which a
person is convicted of an offense and the presumptive sentence
under the Sentencing Guidelines is commitment to the custody of
the commissioner of corrections, if the court grants a
dispositional departure and stays imposition or execution of
sentence, the probation or court services officer who is
assigned to supervise the offender shall provide in writing to
the following the fact that the offender is on probation and the
terms and conditions of probation:

(1) a victim of and any witnesses to the offense committed
by the offender, if the victim or the witness has requested
notice; and

(2) the chief law enforcement officer in the area where the
offender resides or intends to reside.

The law enforcement officer, in consultation with the
offender's probation officer, may provide all or part of this
information to any of the following agencies or groups the
offender is likely to encounter: public and private educational
institutions, day care establishments, and establishments or
organizations that primarily serve individuals likely to be
victimized by the offender. new text begin The law enforcement officer, in
consultation with the offender's probation officer, may disclose
the information to individuals the officer believes are likely
to be victimized by the offender. The officer'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 Department of Human Services.
new text end

The probation officer is not required under this
subdivision to provide any notice while the offender is placed
or resides in a residential facility that is licensed under
section 245A.02, subdivision 14, or 241.021, if the facility
staff is trained in the supervision of sex offenders.

(b) Paragraph (a) applies only to offenders required to
register under section 243.166, as a result of the conviction.

(c) The notice authorized by paragraph (a) shall be limited
to data classified as public under section 13.84, subdivision 6,
unless the offender provides informed consent to authorize the
release of nonpublic data or unless a court order authorizes the
release of nonpublic data.

(d) Nothing in this subdivision shall be interpreted to
impose a duty on any person to use any information regarding an
offender about whom notification is made under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to offenders entering the state, released from
confinement, subject to community notification, or sentenced on
or after that date.
new text end