HF 2142

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/20/2014 04:15pm

A bill for an act
relating to public safety; providing victim of domestic violence with notice
of release of offender; amending Minnesota Statutes 2012, sections 13.84,
subdivisions 5, 6; 611A.06, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 13.84, subdivision 5, is amended to read:

Subd. 5.

Disclosure.

Private or confidential court services data shall not be
disclosed except:

(a) pursuant to section 13.05;

(b) pursuant to a statute specifically authorizing disclosure of court services data;

(c) with the written permission of the source of confidential data;

(d) to the court services department, parole or probation authority or state or local
correctional agency or facility having statutorily granted supervision over the individual
subject of the data;

(e) pursuant to subdivision 6; deleted text begin or
deleted text end

(f) pursuant to a valid court order deleted text begin . deleted text end new text begin ; or
new text end

new text begin (g) pursuant to section 611A.06, subdivision 6.
new text end

Sec. 2.

Minnesota Statutes 2012, section 13.84, subdivision 6, is amended to read:

Subd. 6.

Public benefit data.

(a) The responsible authority or its designee of a
parole or probation authority or correctional agency may release private or confidential
court services data related to:

(1) criminal acts to any law enforcement agency, if necessary for law enforcement
purposes; and

(2) criminal acts or delinquent acts to the victims of criminal or delinquent acts to the
extent that the data are necessary for the victim to assert the victim's legal right to restitution.

(b) A parole or probation authority, a correctional agency, or agencies that provide
correctional services under contract to a correctional agency may release to a law
enforcement agency the following data on defendants, parolees, or probationers: current
address, dates of entrance to and departure from agency programs, and dates and times of
any absences, both authorized and unauthorized, from a correctional program.

(c) The responsible authority or its designee of a juvenile correctional agency may
release private or confidential court services data to a victim of a delinquent act to the
extent the data are necessary to enable the victim to assert the victim's right to request
notice of release under section 611A.06. The data that may be released include only the
name, home address, and placement site of a juvenile who has been placed in a juvenile
correctional facility as a result of a delinquent act.

new text begin (d) Upon the victim's written or electronic request and, if the victim and offender
have been household or family members as defined in section 518B.01, subdivision 1,
paragraph (b), the commissioner of corrections or the commissioner's designee may
disclose to the victim of an offender convicted of a crime pursuant to section 609.02,
subdivision 16, notification of the city and five-digit zip code of the offender's residency
upon or after release from a Department of Corrections facility, unless:
new text end

new text begin (1) the offender is not supervised by the commissioner of corrections or the
commissioner's designee at the time of the victim's request;
new text end

new text begin (2) the commissioner of corrections or the commissioner's designee does not have
the city or zip code; or
new text end

new text begin (3) the commissioner of corrections or the commissioner's designee reasonably
believes that disclosure of the city or zip code of the offender's residency creates a risk
to the victim, offender, or public safety.
new text end

Sec. 3.

Minnesota Statutes 2012, section 611A.06, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Offender location. new text end

new text begin (a) Upon the victim's written or electronic request
and if the victim and offender have been household or family members as defined in
section 518B.01, subdivision 2, paragraph (b), the commissioner of corrections or the
commissioner's designee shall disclose to the victim of an offender convicted of a crime
pursuant to section 609.02, subdivision 16, notification of the city and five-digit zip code
of the offender's residency upon release from a Department of Corrections facility, unless:
new text end

new text begin (1) the offender is not supervised by the commissioner of corrections or the
commissioner's designee at the time of the victim request;
new text end

new text begin (2) the commissioner of corrections or the commissioner's designee does not have
the city or zip code; or
new text end

new text begin (3) the commissioner of corrections or the commissioner's designee reasonably
believes that disclosure of the city or zip code of the offender's residency creates a risk
to the victim, offender, or public safety.
new text end

new text begin (b) All identifying information regarding the victim including, but not limited to, the
notification provided by the commissioner of corrections or the commissioner's designee
is classified as private data on individuals as defined in section 13.02, subdivision 12, and
is accessible only to the victim.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 15, 2015.
new text end