HF 2104

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to predatory offenders; requiring offenders 
  1.3             without a primary address to register under the 
  1.4             predatory offender registration law; clarifying the 
  1.5             disclosure of information on predatory offenders under 
  1.6             the community notification law; moving definitions in 
  1.7             the predatory offender registration law; making 
  1.8             conforming changes; amending Minnesota Statutes 2002, 
  1.9             sections 243.166, as amended; 244.052, subdivision 4; 
  1.10            repealing Minnesota Statutes 2002, section 243.166, 
  1.11            subdivisions 1, 8. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2002, section 243.166, as 
  1.14  amended by Laws 2003, chapter 116, section 2, and Laws 2003, 
  1.15  First Special Session chapter 2, article 8, sections 4 and 5, is 
  1.16  amended to read: 
  1.17     243.166 [REGISTRATION OF PREDATORY OFFENDERS.] 
  1.18     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
  1.19  register under this section if:  
  1.20     (1) the person was charged with or petitioned for a felony 
  1.21  violation of or attempt to violate any of the following, and 
  1.22  convicted of or adjudicated delinquent for that offense or 
  1.23  another offense arising out of the same set of circumstances: 
  1.24     (i) murder under section 609.185, clause (2); or 
  1.25     (ii) kidnapping under section 609.25; or 
  1.26     (iii) criminal sexual conduct under section 609.342; 
  1.27  609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
  1.28     (iv) indecent exposure under section 617.23, subdivision 3; 
  2.1   or 
  2.2      (2) the person was charged with or petitioned for falsely 
  2.3   imprisoning a minor in violation of section 609.255, subdivision 
  2.4   2; soliciting a minor to engage in prostitution in violation of 
  2.5   section 609.322 or 609.324; soliciting a minor to engage in 
  2.6   sexual conduct in violation of section 609.352; using a minor in 
  2.7   a sexual performance in violation of section 617.246; or 
  2.8   possessing pornographic work involving a minor in violation of 
  2.9   section 617.247, and convicted of or adjudicated delinquent for 
  2.10  that offense or another offense arising out of the same set of 
  2.11  circumstances; or 
  2.12     (3) the person was convicted of a predatory crime as 
  2.13  defined in section 609.108, and the offender was sentenced as a 
  2.14  patterned sex offender or the court found on its own motion or 
  2.15  that of the prosecutor that the crime was part of a predatory 
  2.16  pattern of behavior that had criminal sexual conduct as its 
  2.17  goal; or 
  2.18     (4) the person was convicted of or adjudicated delinquent 
  2.19  for, including pursuant to a court martial, violating a law of 
  2.20  the United States, including the Uniform Code of Military 
  2.21  Justice, similar to the offenses described in clause (1), (2), 
  2.22  or (3). 
  2.23     (b) A person also shall register under this section if: 
  2.24     (1) the person was convicted of or adjudicated delinquent 
  2.25  in another state for an offense that would be a violation of a 
  2.26  law described in paragraph (a) if committed in this state; 
  2.27     (2) the person enters the state to reside, or to work or 
  2.28  attend school; and 
  2.29     (3) ten years have not elapsed since the person was 
  2.30  released from confinement or, if the person was not confined, 
  2.31  since the person was convicted of or adjudicated delinquent for 
  2.32  the offense that triggers registration, unless the person is 
  2.33  subject to lifetime registration, in which case the person must 
  2.34  register for life regardless of when the person was released 
  2.35  from confinement, convicted, or adjudicated delinquent. 
  2.36  For purposes of this paragraph: 
  3.1      (i) "school" includes any public or private educational 
  3.2   institution, including any secondary school, trade or 
  3.3   professional institution, or institution of higher education, 
  3.4   that the person is enrolled in on a full-time or part-time 
  3.5   basis; and 
  3.6      (ii) "work" includes employment that is full time or part 
  3.7   time for a period of time exceeding 14 days or for an aggregate 
  3.8   period of time exceeding 30 days during any calendar year, 
  3.9   whether financially compensated, volunteered, or for the purpose 
  3.10  of government or educational benefit. 
  3.11     (c) A person also shall register under this section if the 
  3.12  person was committed pursuant to a court commitment order under 
  3.13  section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
  3.14  a similar law of another state or the United States, regardless 
  3.15  of whether the person was convicted of any offense. 
  3.16     (d) A person also shall register under this section if: 
  3.17     (1) the person was charged with or petitioned for a felony 
  3.18  violation or attempt to violate any of the offenses listed in 
  3.19  paragraph (a), clause (1), or a similar law of another state or 
  3.20  the United States, or the person was charged with or petitioned 
  3.21  for a violation of any of the offenses listed in paragraph (a), 
  3.22  clause (2), or a similar law of another state or the United 
  3.23  States; 
  3.24     (2) the person was found not guilty by reason of mental 
  3.25  illness or mental deficiency after a trial for that offense, or 
  3.26  found guilty but mentally ill after a trial for that offense, in 
  3.27  states with a guilty but mentally ill verdict; and 
  3.28     (3) the person was committed pursuant to a court commitment 
  3.29  order under section 253B.18 or a similar law of another state or 
  3.30  the United States. 
  3.31     Subd. 1a.  [DEFINITIONS.] (a) As used in this section, the 
  3.32  following terms have the meanings given them. 
  3.33     (b) "Law enforcement authority" means, with respect to a 
  3.34  home rule charter or statutory city, the chief of police, and 
  3.35  with respect to an unincorporated area, the sheriff of the 
  3.36  county. 
  4.1      (c) "Motor vehicle" has the meaning given of "vehicle" in 
  4.2   section 169.01, subdivision 2. 
  4.3      (d) "Primary address" means any place where the person 
  4.4   resides longer than 14 days or that is deemed a primary address 
  4.5   by a person's corrections agent, if one is assigned to the 
  4.6   person. 
  4.7      (e) "School" includes any public or private educational 
  4.8   institution, including any secondary school, trade, or 
  4.9   professional institution, or institution of higher education, 
  4.10  that the person is enrolled in on a full-time or part-time basis.
  4.11     (f) "Secondary address" means any place where the person 
  4.12  regularly stays overnight when not staying at the person's 
  4.13  primary address, and includes, but is not limited to: 
  4.14     (1) the home of a person's parent if the person is a 
  4.15  student and stays at the parent's home at times when the person 
  4.16  is not staying at school, including during the summer; and 
  4.17     (2) the home of someone with whom the person has a minor 
  4.18  child in common where the child's custody is shared. 
  4.19     (g) "Treatment facility" means a residential facility, as 
  4.20  defined in section 244.052, subdivision 1, and residential 
  4.21  chemical dependency treatment programs and halfway houses 
  4.22  licensed under chapter 245A, including, but not limited to, 
  4.23  those facilities directly or indirectly assisted by any 
  4.24  department or agency of the United States. 
  4.25     (h) "Work" includes employment that is full time or part 
  4.26  time for a period of time exceeding 14 days or for an aggregate 
  4.27  period of time exceeding 30 days during any calendar year, 
  4.28  whether financially compensated, volunteered, or for the purpose 
  4.29  of government or educational benefit. 
  4.30     Subd. 1b.  [REGISTRATION REQUIRED.] (a) A person shall 
  4.31  register under this section if: 
  4.32     (1) the person was charged with or petitioned for a felony 
  4.33  violation of or attempt to violate any of the following, and 
  4.34  convicted of or adjudicated delinquent for that offense or 
  4.35  another offense arising out of the same set of circumstances: 
  4.36     (i) murder under section 609.185, clause (2); or 
  5.1      (ii) kidnapping under section 609.25; or 
  5.2      (iii) criminal sexual conduct under section 609.342; 
  5.3   609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
  5.4      (iv) indecent exposure under section 617.23, subdivision 3; 
  5.5   or 
  5.6      (2) the person was charged with or petitioned for falsely 
  5.7   imprisoning a minor in violation of section 609.255, subdivision 
  5.8   2; soliciting a minor to engage in prostitution in violation of 
  5.9   section 609.322 or 609.324; soliciting a minor to engage in 
  5.10  sexual conduct in violation of section 609.352; using a minor in 
  5.11  a sexual performance in violation of section 617.246; or 
  5.12  possessing pornographic work involving a minor in violation of 
  5.13  section 617.247, and convicted of or adjudicated delinquent for 
  5.14  that offense or another offense arising out of the same set of 
  5.15  circumstances; or 
  5.16     (3) the person was convicted of a predatory crime as 
  5.17  defined in section 609.108, and the offender was sentenced as a 
  5.18  patterned sex offender or the court found on its own motion or 
  5.19  that of the prosecutor that the crime was part of a predatory 
  5.20  pattern of behavior that had criminal sexual conduct as its 
  5.21  goal; or 
  5.22     (4) the person was convicted of or adjudicated delinquent 
  5.23  for, including pursuant to a court martial, violating a law of 
  5.24  the United States, including the Uniform Code of Military 
  5.25  Justice, similar to the offenses described in clause (1), (2), 
  5.26  or (3). 
  5.27     (b) A person also shall register under this section if: 
  5.28     (1) the person was convicted of or adjudicated delinquent 
  5.29  in another state for an offense that would be a violation of a 
  5.30  law described in paragraph (a) if committed in this state; 
  5.31     (2) the person enters the state to reside, work, or attend 
  5.32  school; and 
  5.33     (3) ten years have not elapsed since the person was 
  5.34  released from confinement or, if the person was not confined, 
  5.35  since the person was convicted of or adjudicated delinquent for 
  5.36  the offense that triggers registration, unless the person is 
  6.1   subject to lifetime registration, in which case the person must 
  6.2   register for life regardless of when the person was released 
  6.3   from confinement, convicted, or adjudicated delinquent. 
  6.4      (c) A person also shall register under this section if the 
  6.5   person was committed pursuant to a court commitment order under 
  6.6   section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
  6.7   a similar law of another state or the United States, regardless 
  6.8   of whether the person was convicted of any offense. 
  6.9      (d) A person also shall register under this section if: 
  6.10     (1) the person was charged with or petitioned for a felony 
  6.11  violation or attempt to violate any of the offenses listed in 
  6.12  paragraph (a), clause (1), or a similar law of another state or 
  6.13  the United States, or the person was charged with or petitioned 
  6.14  for a violation of any of the offenses listed in paragraph (a), 
  6.15  clause (2), or a similar law of another state or the United 
  6.16  States; 
  6.17     (2) the person was found not guilty by reason of mental 
  6.18  illness or mental deficiency after a trial for that offense, or 
  6.19  found guilty but mentally ill after a trial for that offense, in 
  6.20  states with a guilty but mentally ill verdict; and 
  6.21     (3) the person was committed pursuant to a court commitment 
  6.22  order under section 253B.18 or a similar law of another state or 
  6.23  the United States. 
  6.24     Subd. 2.  [NOTICE.] When a person who is required to 
  6.25  register under subdivision 1 1b, paragraph (a), is sentenced or 
  6.26  becomes subject to a juvenile court disposition order, the court 
  6.27  shall tell the person of the duty to register under this section 
  6.28  and that, if the person fails to comply with the registration 
  6.29  requirements, information about the offender may be made 
  6.30  available to the public through electronic, computerized, or 
  6.31  other accessible means.  The court may not modify the person's 
  6.32  duty to register in the pronounced sentence or disposition 
  6.33  order.  The court shall require the person to read and sign a 
  6.34  form stating that the duty of the person to register under this 
  6.35  section has been explained.  The court shall forward the signed 
  6.36  sex offender registration form, the complaint, and sentencing 
  7.1   documents to the Bureau of Criminal Apprehension.  If a person 
  7.2   required to register under subdivision 1 1b, paragraph (a), was 
  7.3   not notified by the court of the registration requirement at the 
  7.4   time of sentencing or disposition, the assigned corrections 
  7.5   agent shall notify the person of the requirements of this 
  7.6   section.  When a person who is required to register under 
  7.7   subdivision 1 1b, paragraph (c) or (d), is released from 
  7.8   commitment, the treatment facility shall notify the person of 
  7.9   the requirements of this section.  The treatment facility shall 
  7.10  also obtain the registration information required under this 
  7.11  section and forward it to the Bureau of Criminal Apprehension. 
  7.12     Subd. 3.  [REGISTRATION PROCEDURE.] (a) Except as provided 
  7.13  in subdivision 3a, a person required to register under this 
  7.14  section shall register with the corrections agent as soon as the 
  7.15  agent is assigned to the person.  If the person does not have an 
  7.16  assigned corrections agent or is unable to locate the assigned 
  7.17  corrections agent, the person shall register with the law 
  7.18  enforcement agency authority that has jurisdiction in the area 
  7.19  of the person's residence primary address. 
  7.20     (b) Except as provided in subdivision 3a, at least five 
  7.21  days before the person starts living at a new primary address, 
  7.22  including living in another state, the person shall give written 
  7.23  notice of the new primary living address to the assigned 
  7.24  corrections agent or to the law enforcement authority with which 
  7.25  the person currently is registered.  If the person will be 
  7.26  living in a new state and that state has a registration 
  7.27  requirement, the person shall also give written notice of the 
  7.28  new address to the designated registration agency in the new 
  7.29  state.  A person required to register under this section shall 
  7.30  also give written notice to the assigned corrections agent or to 
  7.31  the law enforcement authority that has jurisdiction in the area 
  7.32  of the person's residence primary address that the person is no 
  7.33  longer living or staying at an address, immediately after the 
  7.34  person is no longer living or staying at that address.  The 
  7.35  corrections agent or law enforcement authority shall, within two 
  7.36  business days after receipt of this information, forward it to 
  8.1   the Bureau of Criminal Apprehension.  The Bureau of Criminal 
  8.2   Apprehension shall, if it has not already been done, notify the 
  8.3   law enforcement authority having primary jurisdiction in the 
  8.4   community where the person will live of the new address.  If the 
  8.5   person is leaving the state, the Bureau of Criminal Apprehension 
  8.6   shall notify the registration authority in the new state of the 
  8.7   new address.  If the person's obligation to register arose under 
  8.8   subdivision 1 1b, paragraph (b), the person's registration 
  8.9   requirements under this section terminate when the person begins 
  8.10  living in the new state. 
  8.11     (c) A person required to register under subdivision 1 1a, 
  8.12  paragraph (b), because the person is working or attending school 
  8.13  in Minnesota shall register with the law enforcement 
  8.14  agency authority that has jurisdiction in the area where the 
  8.15  person works or attends school.  In addition to other 
  8.16  information required by this section, the person shall provide 
  8.17  the address of the school or of the location where the person is 
  8.18  employed.  A person must comply with this paragraph within five 
  8.19  days of beginning employment or school.  A person's obligation 
  8.20  to register under this paragraph terminates when the person is 
  8.21  no longer working or attending school in Minnesota. 
  8.22     (d) A person required to register under this section who 
  8.23  works or attends school outside of Minnesota shall register as a 
  8.24  predatory offender in the state where the person works or 
  8.25  attends school.  The person's corrections agent, or if the 
  8.26  person does not have an assigned corrections agent, the law 
  8.27  enforcement authority that has jurisdiction in the area of the 
  8.28  person's residence primary address shall notify the person of 
  8.29  this requirement.  
  8.30     Subd. 3a.  [REGISTRATION PROCEDURE WHEN PERSON LACKS 
  8.31  PRIMARY ADDRESS.] (a) If a person leaves a primary address and 
  8.32  does not have a new primary address, the person must register 
  8.33  with the law enforcement authority that has jurisdiction in the 
  8.34  area where the person is staying within 24 hours of the time the 
  8.35  person no longer has a primary address. 
  8.36     (b) A person who lacks a primary address must register with 
  9.1   the law enforcement authority that has jurisdiction in the area 
  9.2   where the person is staying within 24 hours after entering the 
  9.3   jurisdiction.  Each time a person who lacks a primary address 
  9.4   moves to a new jurisdiction, the person shall register with the 
  9.5   law enforcement authority that has jurisdiction in the area 
  9.6   where the person is staying within 24 hours after entering the 
  9.7   jurisdiction. 
  9.8      (c) Upon registering under this subdivision, the person 
  9.9   shall provide the law enforcement authority with all of the 
  9.10  information the individual is required to provide under 
  9.11  subdivision 4a. 
  9.12     (d) If a person continues to lack a primary address, the 
  9.13  person must report in person on a weekly basis to the law 
  9.14  enforcement authority with jurisdiction in the area where the 
  9.15  person is staying.  This weekly report shall occur between the 
  9.16  hours of 9:00 a.m. and 5:00 p.m.  The person is not required to 
  9.17  provide the registration information required under subdivision 
  9.18  4a each time the offender reports to a law enforcement 
  9.19  authority, but the person must inform the law enforcement 
  9.20  authority of changes to any information provided under 
  9.21  subdivision 4a and must otherwise comply with this subdivision. 
  9.22     (e) If a person continues to lack a primary address and 
  9.23  continues to report to the same law enforcement authority, the 
  9.24  person shall provide the law enforcement authority with all of 
  9.25  the information the individual is required to provide under 
  9.26  subdivision 4a at least annually, unless the person is required 
  9.27  to register under subdivision 1b, paragraph (c), following 
  9.28  commitment pursuant to a court commitment under section 253B.185 
  9.29  or a similar law of another state or the United States.  If the 
  9.30  person is required to register under subdivision 1b, paragraph 
  9.31  (c), the person shall provide the law enforcement authority with 
  9.32  all of the information the individual is required to report 
  9.33  under subdivision 4a at least once every three months. 
  9.34     (f) A law enforcement authority receiving information under 
  9.35  this subdivision must forward registration information and 
  9.36  changes to that information to the Bureau of Criminal 
 10.1   Apprehension within two business days of receipt of the 
 10.2   information. 
 10.3      (g) For purposes of this subdivision, a person who fails to 
 10.4   report a primary address will be deemed to be a person who lacks 
 10.5   a primary address, and the person must comply with the 
 10.6   requirements for a person who lacks a primary address. 
 10.7      Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
 10.8   provided to the corrections agent or law enforcement authority, 
 10.9   must consist of a statement in writing signed by the person, 
 10.10  giving information required by the Bureau of Criminal 
 10.11  Apprehension, a fingerprint card, and photograph of the person 
 10.12  taken at the time of the person's release from incarceration or, 
 10.13  if the person was not incarcerated, at the time the person 
 10.14  initially registered under this section.  The registration 
 10.15  information also must include a written consent form signed by 
 10.16  the person allowing a treatment facility to release information 
 10.17  to a law enforcement officer about the person's admission to, or 
 10.18  residence in, a treatment facility.  Registration information on 
 10.19  adults and juveniles may be maintained together notwithstanding 
 10.20  section 260B.171, subdivision 3.  
 10.21     (b) For persons required to register under subdivision 1 
 10.22  1b, paragraph (c), following commitment pursuant to a court 
 10.23  commitment under section 253B.185 or a similar law of another 
 10.24  state or the United States, in addition to other information 
 10.25  required by this section, the registration provided to the 
 10.26  corrections agent or law enforcement authority must include the 
 10.27  person's offense history and documentation of treatment received 
 10.28  during the person's commitment.  This documentation shall be 
 10.29  limited to a statement of how far the person progressed in 
 10.30  treatment during commitment. 
 10.31     (c) Within three days of receipt, the corrections agent or 
 10.32  law enforcement authority shall forward the registration 
 10.33  information to the Bureau of Criminal Apprehension.  The bureau 
 10.34  shall ascertain whether the person has registered with the law 
 10.35  enforcement authority where the person resides in the area of 
 10.36  the person's primary address, if any, or if the person lacks a 
 11.1   primary address, where the person is staying, as required by 
 11.2   subdivision 3a.  If the person has not registered with the law 
 11.3   enforcement authority, the bureau shall send one copy to that 
 11.4   authority.  
 11.5      (d) The corrections agent or law enforcement authority may 
 11.6   require that a person required to register under this section 
 11.7   appear before the agent or authority to be photographed.  The 
 11.8   agent or authority shall forward the photograph to the Bureau of 
 11.9   Criminal Apprehension. 
 11.10     (e) During the period a person is required to register 
 11.11  under this section, the following shall apply: 
 11.12     (1) Except for individuals registering under subdivision 
 11.13  3a, the Bureau of Criminal Apprehension shall mail a 
 11.14  verification form to the last reported address of the person's 
 11.15  residence last reported primary address.  This verification form 
 11.16  shall provide notice to the offender that, if the offender does 
 11.17  not return the verification form as required, information about 
 11.18  the offender may be made available to the public through 
 11.19  electronic, computerized, or other accessible means. 
 11.20     (2) The person shall mail the signed verification form back 
 11.21  to the Bureau of Criminal Apprehension within ten days after 
 11.22  receipt of the form, stating on the form the current and last 
 11.23  address of the person's residence and the other information 
 11.24  required under subdivision 4a. 
 11.25     (3) If the person fails to mail the completed and signed 
 11.26  verification form to the Bureau of Criminal Apprehension within 
 11.27  ten days after receipt of the form, the person shall be in 
 11.28  violation of this section. 
 11.29  For persons required to register under subdivision 1 1b, 
 11.30  paragraph (c), following commitment pursuant to a court 
 11.31  commitment under section 253B.185 or a similar law of another 
 11.32  state or the United States, the bureau shall comply with clause 
 11.33  (1) at least four times each year.  For all other persons 
 11.34  required to register under this section, the bureau shall comply 
 11.35  with clause (1) each year within 30 days of the anniversary date 
 11.36  of the person's initial registration. 
 12.1      (f) When sending out a verification form, the Bureau of 
 12.2   Criminal Apprehension must determine whether the person to whom 
 12.3   the verification form is being sent has signed a written consent 
 12.4   form as provided for in paragraph (a).  If the person has not 
 12.5   signed such a consent form, the Bureau of Criminal Apprehension 
 12.6   must send a written consent form to the person along with the 
 12.7   verification form.  A person who receives this written consent 
 12.8   form must sign and return it to the Bureau of Criminal 
 12.9   Apprehension at the same time as the verification form. 
 12.10     (g) For the purposes of this subdivision, "treatment 
 12.11  facility" means a residential facility, as defined in section 
 12.12  244.052, subdivision 1, and residential chemical dependency 
 12.13  treatment programs and halfway houses licensed under chapter 
 12.14  245A, including, but not limited to, those facilities directly 
 12.15  or indirectly assisted by any department or agency of the United 
 12.16  States. 
 12.17     Subd. 4a.  [INFORMATION REQUIRED TO BE PROVIDED.] (a) As 
 12.18  used in this section: 
 12.19     (1) "motor vehicle" has the meaning given "vehicle" in 
 12.20  section 169.01, subdivision 2; 
 12.21     (2) "primary residence" means any place where the person 
 12.22  resides longer than 14 days or that is deemed a primary 
 12.23  residence by a person's corrections agent, if one is assigned to 
 12.24  the person; and 
 12.25     (3) "secondary residence" means any place where the person 
 12.26  regularly stays overnight when not staying at the person's 
 12.27  primary residence, and includes, but is not limited to: 
 12.28     (i) the person's parent's home if the person is a student 
 12.29  and stays at the home at times when the person is not staying at 
 12.30  school, including during the summer; and 
 12.31     (ii) the home of someone with whom the person has a minor 
 12.32  child in common where the child's custody is shared.  
 12.33     (b) A person required to register under this section shall 
 12.34  provide to the corrections agent or law enforcement authority 
 12.35  the following information: 
 12.36     (1) the address of the person's primary residence address; 
 13.1      (2) the addresses of all of the person's secondary 
 13.2   residences addresses in Minnesota, including all addresses used 
 13.3   for residential or recreational purposes; 
 13.4      (3) the addresses of all Minnesota property owned, leased, 
 13.5   or rented by the person; 
 13.6      (4) the addresses of all locations where the person is 
 13.7   employed; 
 13.8      (5) the all addresses of all residences where the person 
 13.9   resides while attending school; and 
 13.10     (6) the year, model, make, license plate number, and color 
 13.11  of all motor vehicles owned or regularly driven by the person.  
 13.12     (c) (b) The person shall report to the agent or authority 
 13.13  the information required to be provided under paragraph (b) (a), 
 13.14  clauses (2) to (6), within five days of the date the clause 
 13.15  becomes applicable.  If because of a change in circumstances any 
 13.16  information reported under paragraph (b) (a), clauses (1) to 
 13.17  (6), no longer applies, the person shall immediately inform the 
 13.18  agent or authority that the information is no longer valid.  If 
 13.19  the person leaves a primary address and does not have a new 
 13.20  primary address, the person must register as provided in 
 13.21  subdivision 3a. 
 13.22     Subd. 5.  [CRIMINAL PENALTY.] (a) A person required to 
 13.23  register under this section who knowingly violates any of its 
 13.24  provisions or intentionally provides false information to a 
 13.25  corrections agent, law enforcement authority, or the Bureau of 
 13.26  Criminal Apprehension is guilty of a felony and may be sentenced 
 13.27  to imprisonment for not more than five years or to payment of a 
 13.28  fine of not more than $10,000, or both. 
 13.29     (b) Except as provided in paragraph (c), a person convicted 
 13.30  of violating paragraph (a) shall be committed to the custody of 
 13.31  the commissioner of corrections for not less than a year and a 
 13.32  day, nor more than five years. 
 13.33     (c) A person convicted of violating paragraph (a), who has 
 13.34  previously been convicted of or adjudicated delinquent for 
 13.35  violating this section, shall be committed to the custody of the 
 13.36  commissioner of corrections for not less than two years, nor 
 14.1   more than five years. 
 14.2      (d) Prior to the time of sentencing, the prosecutor may 
 14.3   file a motion to have the person sentenced without regard to the 
 14.4   mandatory minimum sentence established by this subdivision.  The 
 14.5   motion shall be accompanied by a statement on the record of the 
 14.6   reasons for it.  When presented with the motion, or on its own 
 14.7   motion, the court may sentence the person without regard to the 
 14.8   mandatory minimum sentence if the court finds substantial and 
 14.9   compelling reasons to do so.  Sentencing a person in the manner 
 14.10  described in this paragraph is a departure from the Sentencing 
 14.11  Guidelines. 
 14.12     (e) A person convicted and sentenced as required by this 
 14.13  subdivision is not eligible for probation, parole, discharge, 
 14.14  work release, or supervised release, until that person has 
 14.15  served the full term of imprisonment as provided by law, 
 14.16  notwithstanding the provisions of sections 241.26, 242.19, 
 14.17  243.05, 244.04, 609.12, and 609.135. 
 14.18     Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
 14.19  provisions of section 609.165, subdivision 1, and except as 
 14.20  provided in paragraphs (b), (c), and (d), a person required to 
 14.21  register under this section shall continue to comply with this 
 14.22  section until ten years have elapsed since the person initially 
 14.23  registered in connection with the offense, or until the 
 14.24  probation, supervised release, or conditional release period 
 14.25  expires, whichever occurs later.  For a person required to 
 14.26  register under this section who is committed under section 
 14.27  253B.18 or 253B.185, the ten-year registration period does not 
 14.28  include the period of commitment. 
 14.29     (b) If a person required to register under this section 
 14.30  fails to register following a change in residence the person's 
 14.31  primary or secondary address or motor vehicle information, the 
 14.32  commissioner of public safety may require the person to continue 
 14.33  to register for an additional period of five years.  This 
 14.34  five-year period is added to the end of the offender's 
 14.35  registration period.  
 14.36     (c) If a person required to register under this section is 
 15.1   subsequently incarcerated following a revocation of probation, 
 15.2   supervised release, or conditional release for that offense, or 
 15.3   a conviction for any new offense, the person shall continue to 
 15.4   register until ten years have elapsed since the person was last 
 15.5   released from incarceration or until the person's probation, 
 15.6   supervised release, or conditional release period expires, 
 15.7   whichever occurs later. 
 15.8      (d) A person shall continue to comply with this section for 
 15.9   the life of that person:  
 15.10     (1) if the person is convicted of or adjudicated delinquent 
 15.11  for any offense for which registration is required under 
 15.12  subdivision 1 1b, or any offense from another state or any 
 15.13  federal offense similar to the offenses described in subdivision 
 15.14  1 1b, and the person has a prior conviction or adjudication for 
 15.15  an offense for which registration was or would have been 
 15.16  required under subdivision 1 1b, or an offense from another 
 15.17  state or a federal offense similar to an offense described in 
 15.18  subdivision 1 1b; 
 15.19     (2) if the person is required to register based upon a 
 15.20  conviction or delinquency adjudication for an offense under 
 15.21  section 609.185, clause (2), or a similar statute from another 
 15.22  state or the United States; 
 15.23     (3) if the person is required to register based upon a 
 15.24  conviction for an offense under section 609.342, subdivision 1, 
 15.25  paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 
 15.26  1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, 
 15.27  subdivision 1, paragraph (a), (c), or (g); or 609.345, 
 15.28  subdivision 1, paragraph (a), (c), or (g); or a statute from 
 15.29  another state or the United States similar to the offenses 
 15.30  described in this clause; or 
 15.31     (4) if the person is required to register under subdivision 
 15.32  1 1b, paragraph (c), following commitment pursuant to a court 
 15.33  commitment under section 253B.185 or a similar law of another 
 15.34  state or the United States. 
 15.35     Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
 15.36  provided in subdivision 7a or sections 244.052 and 299C.093, the 
 16.1   information provided under this section is private data on 
 16.2   individuals under section 13.02, subdivision 12.  The 
 16.3   information may be used only for law enforcement purposes.  
 16.4      Subd. 7a.  [AVAILABILITY OF INFORMATION ON OFFENDERS WHO 
 16.5   ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The Bureau of 
 16.6   Criminal Apprehension may make information available to the 
 16.7   public about offenders who are 16 years of age or older and who 
 16.8   are out of compliance with this section for 30 days or longer 
 16.9   for failure to provide the address of the offenders' primary or 
 16.10  secondary residences addresses.  This information may be made 
 16.11  available to the public through electronic, computerized, or 
 16.12  other accessible means.  The amount and type of information made 
 16.13  available shall be limited to the information necessary for the 
 16.14  public to assist law enforcement in locating the offender. 
 16.15     (b) An offender who comes into compliance with this section 
 16.16  after the Bureau of Criminal Apprehension discloses information 
 16.17  about the offender to the public may send a written request to 
 16.18  the bureau requesting the bureau to treat information about the 
 16.19  offender as private data, consistent with subdivision 7.  The 
 16.20  bureau shall review the request and promptly take reasonable 
 16.21  action to treat the data as private, if the offender has 
 16.22  complied with the requirement that the offender provide the 
 16.23  addresses of the offender's primary and secondary residences 
 16.24  addresses, or promptly notify the offender that the information 
 16.25  will continue to be treated as public information and the 
 16.26  reasons for the bureau's decision. 
 16.27     (c) If an offender believes the information made public 
 16.28  about the offender is inaccurate or incomplete, the offender may 
 16.29  challenge the data under section 13.04, subdivision 4. 
 16.30     (d) The Bureau of Criminal Apprehension is immune from any 
 16.31  civil or criminal liability that might otherwise arise, based on 
 16.32  the accuracy or completeness of any information made public 
 16.33  under this subdivision, if the bureau acts in good faith. 
 16.34     Subd. 8.  [LAW ENFORCEMENT AUTHORITY.] For purposes of this 
 16.35  section, a law enforcement authority means, with respect to a 
 16.36  home rule charter or statutory city, the chief of police, and 
 17.1   with respect to an unincorporated area, the sheriff of the 
 17.2   county. 
 17.3      Subd. 9.  [OFFENDERS FROM OTHER STATES.] When the state 
 17.4   accepts an offender from another state under a reciprocal 
 17.5   agreement under the interstate compact authorized by section 
 17.6   243.16 or under any authorized interstate agreement, the 
 17.7   acceptance is conditional on the offender agreeing to register 
 17.8   under this section when the offender is living in Minnesota. 
 17.9      [EFFECTIVE DATE.] This section is effective the day 
 17.10  following final enactment and applies to persons subject to 
 17.11  registration on or after that date. 
 17.12     Sec. 2.  Minnesota Statutes 2002, section 244.052, 
 17.13  subdivision 4, is amended to read: 
 17.14     Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
 17.15  INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
 17.16  area where the predatory offender resides, expects to reside, is 
 17.17  employed, or is regularly found, shall disclose to the public 
 17.18  any information regarding the offender contained in the report 
 17.19  forwarded to the agency under subdivision 3, paragraph (f), that 
 17.20  is relevant and necessary to protect the public and to 
 17.21  counteract the offender's dangerousness, consistent with the 
 17.22  guidelines in paragraph (b).  The extent of the information 
 17.23  disclosed and the community to whom disclosure is made must 
 17.24  relate to the level of danger posed by the offender, to the 
 17.25  offender's pattern of offending behavior, and to the need of 
 17.26  community members for information to enhance their individual 
 17.27  and collective safety. 
 17.28     (b) The law enforcement agency shall employ the following 
 17.29  guidelines in determining the scope of disclosure made under 
 17.30  this subdivision: 
 17.31     (1) if the offender is assigned to risk level I, the agency 
 17.32  may maintain information regarding the offender within the 
 17.33  agency and may disclose it to other law enforcement agencies.  
 17.34  Additionally, the agency may disclose the information to any 
 17.35  victims of or witnesses to the offense committed by the 
 17.36  offender. The agency shall disclose the information to victims 
 18.1   of the offense committed by the offender who have requested 
 18.2   disclosure and to adult members of the offender's immediate 
 18.3   household; 
 18.4      (2) if the offender is assigned to risk level II, the 
 18.5   agency also may disclose the information to agencies and groups 
 18.6   that the offender is likely to encounter for the purpose of 
 18.7   securing those institutions and protecting individuals in their 
 18.8   care while they are on or near the premises of the institution.  
 18.9   These agencies and groups include the staff members of public 
 18.10  and private educational institutions, day care establishments, 
 18.11  and establishments and organizations that primarily serve 
 18.12  individuals likely to be victimized by the offender.  The agency 
 18.13  also may disclose the information to individuals the agency 
 18.14  believes are likely to be victimized by the offender.  The 
 18.15  agency's belief shall be based on the offender's pattern of 
 18.16  offending or victim preference as documented in the information 
 18.17  provided by the department of corrections or human services; 
 18.18     (3) if the offender is assigned to risk level III, the 
 18.19  agency shall disclose the information to the persons and 
 18.20  entities described in clauses (1) and (2) and to other members 
 18.21  of the community whom the offender is likely to encounter, 
 18.22  unless the law enforcement agency determines that public safety 
 18.23  would be compromised by the disclosure or that a more limited 
 18.24  disclosure is necessary to protect the identity of the victim. 
 18.25     Notwithstanding the assignment of a predatory offender to 
 18.26  risk level II or III, a law enforcement agency may not make the 
 18.27  disclosures permitted or required by clause (2) or (3), if:  the 
 18.28  offender is placed or resides in a residential facility.  
 18.29  However, if an offender is placed or resides in a residential 
 18.30  facility, the offender and the head of the facility shall 
 18.31  designate the offender's likely residence upon release from the 
 18.32  facility and the head of the facility shall notify the 
 18.33  commissioner of corrections or the commissioner of human 
 18.34  services of the offender's likely residence at least 14 days 
 18.35  before the offender's scheduled release date.  The commissioner 
 18.36  shall give this information to the law enforcement agency having 
 19.1   jurisdiction over the offender's likely residence.  The head of 
 19.2   the residential facility also shall notify the commissioner of 
 19.3   corrections or human services within 48 hours after finalizing 
 19.4   the offender's approved relocation plan to a permanent 
 19.5   residence.  Within five days after receiving this notification, 
 19.6   the appropriate commissioner shall give to the appropriate law 
 19.7   enforcement agency all relevant information the commissioner has 
 19.8   concerning the offender, including information on the risk 
 19.9   factors in the offender's history and the risk level to which 
 19.10  the offender was assigned.  After receiving this information, 
 19.11  the law enforcement agency shall make the disclosures permitted 
 19.12  or required by clause (2) or (3), as appropriate. 
 19.13     (c) As used in paragraph (b), clauses (2) and (3), "likely 
 19.14  to encounter" means that:  
 19.15     (1) the organizations or community members are in a 
 19.16  location or in close proximity to a location where the offender 
 19.17  lives or is employed, or which the offender visits or is likely 
 19.18  to visit on a regular basis, other than the location of the 
 19.19  offender's outpatient treatment program; and 
 19.20     (2) the types of interaction which ordinarily occur at that 
 19.21  location and other circumstances indicate that contact with the 
 19.22  offender is reasonably certain. 
 19.23     (d) A law enforcement agency or official who discloses 
 19.24  information under this subdivision shall make a good faith 
 19.25  effort to make the notification within 14 days of receipt of a 
 19.26  confirmed address from the Department of Corrections indicating 
 19.27  that the offender will be, or has been, released from 
 19.28  confinement, or accepted for supervision, or has moved to a new 
 19.29  address and will reside at the address indicated.  If a change 
 19.30  occurs in the release plan, this notification provision does not 
 19.31  require an extension of the release date.  
 19.32     (e) A law enforcement agency or official who discloses 
 19.33  information under this subdivision shall not disclose the 
 19.34  identity or any identifying characteristics of the victims of or 
 19.35  witnesses to the offender's offenses. 
 19.36     (f) A law enforcement agency shall continue to disclose 
 20.1   information on an offender as required by this subdivision for 
 20.2   as long as the offender is required to register under section 
 20.3   243.166.  This requirement on a law enforcement agency to 
 20.4   continue to disclose information applies to an offender who 
 20.5   lacks a primary address and is registering under section 
 20.6   243.166, subdivision 3a. 
 20.7      (g) A law enforcement agency that is disclosing information 
 20.8   on an offender assigned to risk level III to the public under 
 20.9   this subdivision shall inform the commissioner of corrections 
 20.10  what information is being disclosed and forward this information 
 20.11  to the commissioner within two days of the agency's 
 20.12  determination.  The commissioner shall post this information on 
 20.13  the Internet as required in subdivision 4b. 
 20.14     (h) A city council may adopt a policy that addresses when 
 20.15  information disclosed under this subdivision must be presented 
 20.16  in languages in addition to English.  The policy may address 
 20.17  when information must be presented orally, in writing, or both 
 20.18  in additional languages by the law enforcement agency disclosing 
 20.19  the information.  The policy may provide for different 
 20.20  approaches based on the prevalence of non-English languages in 
 20.21  different neighborhoods. 
 20.22     [EFFECTIVE DATE.] This section is effective the day 
 20.23  following final enactment and applies to persons subject to 
 20.24  community notification on or after that date. 
 20.25     Sec. 3.  [REVISOR INSTRUCTION.] 
 20.26     The revisor of statutes shall change all references to 
 20.27  section 243.166, subdivision 1, in Minnesota Statutes to section 
 20.28  243.166. 
 20.29     [EFFECTIVE DATE.] This section is effective the day 
 20.30  following final enactment. 
 20.31     Sec. 4.  [REPEALER.] 
 20.32     Minnesota Statutes 2002, section 243.166, subdivisions 1 
 20.33  and 8, are repealed. 
 20.34     [EFFECTIVE DATE.] This section is effective the day 
 20.35  following final enactment.