HF 2231

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

  1.1                          A bill for an act 
  1.2             relating to public safety; requiring the commissioner 
  1.3             of corrections to convene an end-of-confinement review 
  1.4             committee to assess the risk level of offenders coming 
  1.5             into Minnesota from another state; clarifying current 
  1.6             law requiring assessment of offenders released from 
  1.7             federal facilities; allowing community notification 
  1.8             pursuant to a risk level assigned in another state; 
  1.9             requiring the Bureau of Criminal Apprehension to 
  1.10            forward registration and notification information on 
  1.11            certain offenders to the Department of Corrections; 
  1.12            directing the commissioner of corrections to determine 
  1.13            whether notification laws of other states are 
  1.14            comparable to Minnesota's notification law; amending 
  1.15            Minnesota Statutes 2002, sections 243.166, subdivision 
  1.16            9; 244.052, subdivision 3, by adding a subdivision. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 2002, section 243.166, 
  1.19  subdivision 9, is amended to read: 
  1.20     Subd. 9.  [OFFENDERS FROM OTHER STATES.] (a) When the state 
  1.21  accepts an offender from another state under a reciprocal 
  1.22  agreement under the interstate compact authorized by section 
  1.23  243.16, the interstate compact authorized by section 243.1605, 
  1.24  or under any authorized interstate agreement, the acceptance is 
  1.25  conditional on the offender agreeing to register under this 
  1.26  section when the offender is living in Minnesota. 
  1.27     (b) When a person subject to this section enters Minnesota 
  1.28  to live, the person shall register with the Bureau of Criminal 
  1.29  Apprehension within five days of entering the state.  The bureau 
  1.30  also shall notify the commissioner of corrections when: 
  1.31     (1) a person from another state who is subject to this 
  2.1   section registers under this section; and 
  2.2      (2) when it learns that a person from another state is in 
  2.3   Minnesota and allegedly in violation of subdivision 5 for 
  2.4   failure to register. 
  2.5      The person entering the state also shall provide the bureau 
  2.6   with information on whether the person is subject to community 
  2.7   notification in another state under a law similar to section 
  2.8   244.052 and, if so, the risk level the person was assigned, if 
  2.9   any.  
  2.10     (c) When the Bureau of Criminal Apprehension receives 
  2.11  information from a registration authority, corrections agent, or 
  2.12  law enforcement authority in another state that a person who may 
  2.13  be subject to this section is moving to Minnesota, the bureau 
  2.14  must ask whether the person entering the state also is subject 
  2.15  to community notification in another state under a law similar 
  2.16  to section 244.052 and, if so, the risk level the person has 
  2.17  been assigned, if any.  The bureau must forward all information 
  2.18  it receives to the commissioner of corrections for use in 
  2.19  assessing the person's risk level under section 244.052.  
  2.20     (d) The bureau shall provide all information available on 
  2.21  the person when it notifies the commissioner of corrections of 
  2.22  the person's presence in Minnesota. 
  2.23     (e) When the Bureau of Criminal Apprehension learns that a 
  2.24  person subject to this section intends to move into Minnesota 
  2.25  from another state or has moved into Minnesota from another 
  2.26  state, the bureau shall notify the law enforcement authority 
  2.27  with jurisdiction in the area of the person's primary address of 
  2.28  all information collected under this subdivision. 
  2.29     (f) The bureau must forward all information received under 
  2.30  this subdivision to the commissioner of corrections and the 
  2.31  local law enforcement authority with jurisdiction where the 
  2.32  offender resides or plans to reside within three business days 
  2.33  of receipt of the information.  
  2.34     [EFFECTIVE DATE.] This section is effective the day 
  2.35  following final enactment and applies to all persons subject to 
  2.36  registration on or after that date. 
  3.1      Sec. 2.  Minnesota Statutes 2002, section 244.052, 
  3.2   subdivision 3, is amended to read: 
  3.3      Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
  3.4   commissioner of corrections shall establish and administer 
  3.5   end-of-confinement review committees at each state correctional 
  3.6   facility and at each state treatment facility where predatory 
  3.7   offenders are confined.  The committees shall assess on a 
  3.8   case-by-case basis the public risk posed by predatory offenders 
  3.9   who are about to be released from confinement. 
  3.10     (b) Each committee shall be a standing committee and shall 
  3.11  consist of the following members appointed by the commissioner: 
  3.12     (1) the chief executive officer or head of the correctional 
  3.13  or treatment facility where the offender is currently confined, 
  3.14  or that person's designee; 
  3.15     (2) a law enforcement officer; 
  3.16     (3) a treatment professional who is trained in the 
  3.17  assessment of sex offenders; 
  3.18     (4) a caseworker experienced in supervising sex offenders; 
  3.19  and 
  3.20     (5) a victim's services professional. 
  3.21     Members of the committee, other than the facility's chief 
  3.22  executive officer or head, shall be appointed by the 
  3.23  commissioner to two-year terms.  The chief executive officer or 
  3.24  head of the facility or designee shall act as chair of the 
  3.25  committee and shall use the facility's staff, as needed, to 
  3.26  administer the committee, obtain necessary information from 
  3.27  outside sources, and prepare risk assessment reports on 
  3.28  offenders. 
  3.29     (c) The committee shall have access to the following data 
  3.30  on a predatory offender only for the purposes of its assessment 
  3.31  and to defend the committee's risk assessment determination upon 
  3.32  administrative review under this section: 
  3.33     (1) private medical data under section 13.384 or 144.335, 
  3.34  or welfare data under section 13.46 that relate to medical 
  3.35  treatment of the offender; 
  3.36     (2) private and confidential court services data under 
  4.1   section 13.84; 
  4.2      (3) private and confidential corrections data under section 
  4.3   13.85; and 
  4.4      (4) private criminal history data under section 13.87. 
  4.5      Data collected and maintained by the committee under this 
  4.6   paragraph may not be disclosed outside the committee, except as 
  4.7   provided under section 13.05, subdivision 3 or 4.  The predatory 
  4.8   offender has access to data on the offender collected and 
  4.9   maintained by the committee, unless the data are confidential 
  4.10  data received under this paragraph. 
  4.11     (d)(i) Except as otherwise provided in item (ii), at least 
  4.12  90 days before a predatory offender is to be released from 
  4.13  confinement, the commissioner of corrections shall convene the 
  4.14  appropriate end-of-confinement review committee for the purpose 
  4.15  of assessing the risk presented by the offender and determining 
  4.16  the risk level to which the offender shall be assigned under 
  4.17  paragraph (e).  The offender and the law enforcement agency that 
  4.18  was responsible for the charge resulting in confinement shall be 
  4.19  notified of the time and place of the committee's meeting.  The 
  4.20  offender has a right to be present and be heard at the meeting.  
  4.21  The law enforcement agency may provide material in writing that 
  4.22  is relevant to the offender's risk level to the chair of the 
  4.23  committee.  The committee shall use the risk factors described 
  4.24  in paragraph (g) and the risk assessment scale developed under 
  4.25  subdivision 2 to determine the offender's risk assessment score 
  4.26  and risk level.  Offenders scheduled for release from 
  4.27  confinement shall be assessed by the committee established at 
  4.28  the facility from which the offender is to be released.  
  4.29     (ii) If an offender is received for confinement in a 
  4.30  facility with less than 90 days remaining in the offender's term 
  4.31  of confinement, the offender's risk shall be assessed at the 
  4.32  first regularly scheduled end of confinement review committee 
  4.33  that convenes after the appropriate documentation for the risk 
  4.34  assessment is assembled by the committee.  The commissioner 
  4.35  shall make reasonable efforts to ensure that offender's risk is 
  4.36  assessed and a risk level is assigned or reassigned at least 30 
  5.1   days before the offender's release date. 
  5.2      (e) The committee shall assign to risk level I a predatory 
  5.3   offender whose risk assessment score indicates a low risk of 
  5.4   reoffense.  The committee shall assign to risk level II an 
  5.5   offender whose risk assessment score indicates a moderate risk 
  5.6   of reoffense.  The committee shall assign to risk level III an 
  5.7   offender whose risk assessment score indicates a high risk of 
  5.8   reoffense. 
  5.9      (f) Before the predatory offender is released from 
  5.10  confinement, the committee shall prepare a risk assessment 
  5.11  report which specifies the risk level to which the offender has 
  5.12  been assigned and the reasons underlying the committee's risk 
  5.13  assessment decision.  The committee shall give the report to the 
  5.14  offender and to the law enforcement agency at least 60 days 
  5.15  before an offender is released from confinement.  If the risk 
  5.16  assessment is performed under the circumstances described in 
  5.17  paragraph (d), item (ii), the report shall be given to the 
  5.18  offender and the law enforcement agency as soon as it is 
  5.19  available.  The committee also shall inform the offender of the 
  5.20  availability of review under subdivision 6. 
  5.21     (g) As used in this subdivision, "risk factors" includes, 
  5.22  but is not limited to, the following factors: 
  5.23     (1) the seriousness of the offense should the offender 
  5.24  reoffend.  This factor includes consideration of the following:  
  5.25     (i) the degree of likely force or harm; 
  5.26     (ii) the degree of likely physical contact; and 
  5.27     (iii) the age of the likely victim; 
  5.28     (2) the offender's prior offense history.  This factor 
  5.29  includes consideration of the following: 
  5.30     (i) the relationship of prior victims to the offender; 
  5.31     (ii) the number of prior offenses or victims; 
  5.32     (iii) the duration of the offender's prior offense history; 
  5.33     (iv) the length of time since the offender's last prior 
  5.34  offense while the offender was at risk to commit offenses; and 
  5.35     (v) the offender's prior history of other antisocial acts; 
  5.36     (3) the offender's characteristics.  This factor includes 
  6.1   consideration of the following:  
  6.2      (i) the offender's response to prior treatment efforts; and 
  6.3      (ii) the offender's history of substance abuse; 
  6.4      (4) the availability of community supports to the offender. 
  6.5   This factor includes consideration of the following: 
  6.6      (i) the availability and likelihood that the offender will 
  6.7   be involved in therapeutic treatment; 
  6.8      (ii) the availability of residential supports to the 
  6.9   offender, such as a stable and supervised living arrangement in 
  6.10  an appropriate location; 
  6.11     (iii) the offender's familial and social relationships, 
  6.12  including the nature and length of these relationships and the 
  6.13  level of support that the offender may receive from these 
  6.14  persons; and 
  6.15     (iv) the offender's lack of education or employment 
  6.16  stability; 
  6.17     (5) whether the offender has indicated or credible evidence 
  6.18  in the record indicates that the offender will reoffend if 
  6.19  released into the community; and 
  6.20     (6) whether the offender demonstrates a physical condition 
  6.21  that minimizes the risk of reoffense, including but not limited 
  6.22  to, advanced age or a debilitating illness or physical condition.
  6.23     (h) Upon the request of the law enforcement agency or the 
  6.24  offender's corrections agent, the commissioner may reconvene the 
  6.25  end-of-confinement review committee for the purpose of 
  6.26  reassessing the risk level to which an offender has been 
  6.27  assigned under paragraph (e).  In a request for a reassessment, 
  6.28  the law enforcement agency which was responsible for the charge 
  6.29  resulting in confinement or agent shall list the facts and 
  6.30  circumstances arising after the initial assignment or facts and 
  6.31  circumstances known to law enforcement or the agent but not 
  6.32  considered by the committee under paragraph (e) which support 
  6.33  the request for a reassessment.  The request for reassessment by 
  6.34  the law enforcement agency must occur within 30 days of receipt 
  6.35  of the report indicating the offender's risk level assignment.  
  6.36  The offender's corrections agent, in consultation with the chief 
  7.1   law enforcement officer in the area where the offender resides 
  7.2   or intends to reside, may request a review of a risk level at 
  7.3   any time if substantial evidence exists that the offender's risk 
  7.4   level should be reviewed by an end-of-confinement review 
  7.5   committee.  This evidence includes, but is not limited to, 
  7.6   evidence of treatment failures or completions, evidence of 
  7.7   exceptional crime-free community adjustment or lack of 
  7.8   appropriate adjustment, evidence of substantial community need 
  7.9   to know more about the offender or mitigating circumstances that 
  7.10  would narrow the proposed scope of notification, or other 
  7.11  practical situations articulated and based in evidence of the 
  7.12  offender's behavior while under supervision.  Upon review of the 
  7.13  request, the end-of-confinement review committee may reassign an 
  7.14  offender to a different risk level.  If the offender is 
  7.15  reassigned to a higher risk level, the offender has the right to 
  7.16  seek review of the committee's determination under subdivision 6.
  7.17     (i) An offender may request the end-of-confinement review 
  7.18  committee to reassess the offender's assigned risk level after 
  7.19  three years have elapsed since the committee's initial risk 
  7.20  assessment and may renew the request once every two years 
  7.21  following subsequent denials.  In a request for reassessment, 
  7.22  the offender shall list the facts and circumstances which 
  7.23  demonstrate that the offender no longer poses the same degree of 
  7.24  risk to the community.  In order for a request for a risk level 
  7.25  reduction to be granted, the offender must demonstrate full 
  7.26  compliance with supervised release conditions, completion of 
  7.27  required post-release treatment programming, and full compliance 
  7.28  with all registration requirements as detailed in section 
  7.29  243.166.  The offender must also not have been convicted of any 
  7.30  felony, gross misdemeanor, or misdemeanor offenses subsequent to 
  7.31  the assignment of the original risk level.  The committee shall 
  7.32  follow the process outlined in paragraphs (a) to (c) in the 
  7.33  reassessment.  An offender who is incarcerated may not request a 
  7.34  reassessment under this paragraph. 
  7.35     (j) Offenders returned to prison as release violators shall 
  7.36  not have a right to a subsequent risk reassessment by the 
  8.1   end-of-confinement review committee unless substantial evidence 
  8.2   indicates that the offender's risk to the public has increased. 
  8.3      (k) The commissioner shall establish an end-of-confinement 
  8.4   review committee to assign a risk level to offenders who are 
  8.5   released from a federal correctional facility in Minnesota or 
  8.6   another state and who intend to reside in Minnesota, and to 
  8.7   offenders accepted from another state under a reciprocal 
  8.8   agreement for parole supervision under the interstate compact 
  8.9   authorized by section 243.16.  The committee shall make 
  8.10  reasonable efforts to conform to the same timelines as applied 
  8.11  to Minnesota cases.  Offenders accepted from another state under 
  8.12  a reciprocal agreement for probation supervision are not 
  8.13  assigned a risk level, but are considered downward dispositional 
  8.14  departures.  The probation or court services officer and law 
  8.15  enforcement officer shall manage such cases in accordance with 
  8.16  section 244.10, subdivision 2a.  The policies and procedures of 
  8.17  the committee for federal offenders and interstate compact cases 
  8.18  must be in accordance with all requirements as set forth in this 
  8.19  section, unless restrictions caused by the nature of federal or 
  8.20  interstate transfers prevents such conformance. 
  8.21     (l) If the committee assigns a predatory offender to risk 
  8.22  level III, the committee shall determine whether residency 
  8.23  restrictions shall be included in the conditions of the 
  8.24  offender's release based on the offender's pattern of offending 
  8.25  behavior. 
  8.26     [EFFECTIVE DATE.] This section is effective the day 
  8.27  following final enactment and applies to persons subject to 
  8.28  community notification on or after that date.  
  8.29     Sec. 3.  Minnesota Statutes 2002, section 244.052, is 
  8.30  amended by adding a subdivision to read: 
  8.31     Subd. 3a.  [OFFENDERS FROM OTHER STATES AND OFFENDERS 
  8.32  RELEASED FROM FEDERAL FACILITIES.] (a) The commissioner shall 
  8.33  establish an end-of-confinement review committee to assign a 
  8.34  risk level: 
  8.35     (1) to offenders who are released from a federal 
  8.36  correctional facility in Minnesota or a federal correctional 
  9.1   facility in another state and who intend to reside in Minnesota; 
  9.2      (2) to offenders accepted from another state under the 
  9.3   interstate compact authorized by section 243.16 or 243.1605 or 
  9.4   any other authorized interstate agreement; and 
  9.5      (3) to all other offenders from another state who are 
  9.6   subject to predatory offender registration under section 
  9.7   243.166, subdivision 1, paragraph (b), regardless of whether 
  9.8   these offenders are subject to community notification in the 
  9.9   state they are leaving.  
  9.10     (b) The committee shall make reasonable efforts to conform 
  9.11  to the same timelines applied to offenders released from a 
  9.12  Minnesota correctional facility and shall act promptly to 
  9.13  collect all relevant information and records on offenders 
  9.14  released from a federal correctional facility or moving into 
  9.15  Minnesota from another state.  When the state accepts an 
  9.16  offender from another state under a reciprocal agreement under 
  9.17  the interstate compact authorized by section 243.16 or 243.1605 
  9.18  or any other authorized interstate agreement, the acceptance is 
  9.19  conditional on the offender's agreement to cooperate in promptly 
  9.20  providing relevant information under this section to the 
  9.21  Minnesota commissioner of corrections.  
  9.22     The end-of-confinement review committee also must proceed 
  9.23  in accordance with all requirements set forth in this section 
  9.24  and follow all policies and procedures applied to offenders 
  9.25  released from a Minnesota correctional facility in reviewing 
  9.26  information and assessing the risk level of offenders covered by 
  9.27  this paragraph, unless restrictions caused by the nature of 
  9.28  federal or interstate transfers prevent such conformance.  All 
  9.29  of the provisions of this section apply to offenders who are 
  9.30  assessed and assigned a risk level under this subdivision.  
  9.31     (c) If a local law enforcement authority learns or suspects 
  9.32  that a person who is subject to this section is living in 
  9.33  Minnesota and a Minnesota risk level has not been assigned to 
  9.34  the person under this section, the law enforcement authority 
  9.35  shall provide this information to the Bureau of Criminal 
  9.36  Apprehension and the commissioner of corrections within three 
 10.1   business days.  
 10.2      (d) If the commissioner of corrections receives reliable 
 10.3   information from the Bureau of Criminal Apprehension or a local 
 10.4   law enforcement authority that a person subject to this section 
 10.5   is living in Minnesota and the person has been assigned a risk 
 10.6   level under a law comparable to this section, the commissioner 
 10.7   and local law enforcement authority may proceed with 
 10.8   notification under subdivision 4.  The commissioner and the 
 10.9   local law enforcement authority may continue to disclose 
 10.10  information under subdivision 4 until the end-of-confinement 
 10.11  review committee assigns the person a risk level under this 
 10.12  section.  The commissioner of corrections, in consultation with 
 10.13  legal advisers, shall determine whether the law of another state 
 10.14  is comparable to this section.  
 10.15     [EFFECTIVE DATE.] This section is effective the day 
 10.16  following final enactment and applies to persons subject to 
 10.17  community notification on or after that date. 
 10.18     Sec. 4.  [DIRECTION TO COMMISSIONER OF CORRECTIONS.] 
 10.19     Subdivision 1.  [DIRECTION.] The commissioner of 
 10.20  corrections is directed to review Minnesota Statutes, section 
 10.21  244.052, and similar laws of other states to determine whether 
 10.22  these laws are comparable to Minnesota Statutes, section 
 10.23  244.052.  In reviewing these laws, the commissioner is directed 
 10.24  to evaluate the procedures and criteria used to assign risk 
 10.25  levels to offenders and the information that may be disclosed to 
 10.26  the public.  In making this assessment, the commissioner shall 
 10.27  consider whether the use of an offender's risk level, as 
 10.28  assigned by another state, for the purpose of disclosure of 
 10.29  information under Minnesota Statutes, section 244.052, 
 10.30  subdivision 4, will further public safety and result in an 
 10.31  offender from another state being treated similarly to offenders 
 10.32  whose risk levels are assigned under Minnesota's law.  The 
 10.33  commissioner shall consult with individuals in other states 
 10.34  whenever necessary to determine whether another state's law is 
 10.35  comparable to Minnesota Statutes, section 244.052. 
 10.36     Subd. 2.  [REPORT.] The commissioner of corrections shall 
 11.1   prepare a report summarizing its review of laws under 
 11.2   subdivision 1.  This report shall include a list of other 
 11.3   states' laws that are comparable to Minnesota Statutes, section 
 11.4   244.052, and a list of other states' laws that are not 
 11.5   comparable to Minnesota Statutes, section 244.052.  The 
 11.6   commissioner also shall provide a brief summary supporting the 
 11.7   reasons for classifying each law in the manner set forth in the 
 11.8   report.  This report shall be provided to the legislature by 
 11.9   August 1, 2004.  This report also shall be sent to local law 
 11.10  enforcement agencies throughout the state by August 1, 2004, for 
 11.11  their use in complying with this act. 
 11.12     [EFFECTIVE DATE.] This section is effective the day 
 11.13  following final enactment.