HF 2574

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 Bureau of 
  1.3             Criminal Apprehension to investigate level III sex 
  1.4             offenders who fail to verify their living address; 
  1.5             amending Minnesota Statutes 2002, section 243.166, 
  1.6             subdivision 4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 243.166, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
  1.11  provided to the corrections agent or law enforcement authority, 
  1.12  must consist of a statement in writing signed by the person, 
  1.13  giving information required by the Bureau of Criminal 
  1.14  Apprehension, a fingerprint card, and photograph of the person 
  1.15  taken at the time of the person's release from incarceration or, 
  1.16  if the person was not incarcerated, at the time the person 
  1.17  initially registered under this section.  The registration 
  1.18  information also must include a written consent form signed by 
  1.19  the person allowing a treatment facility to release information 
  1.20  to a law enforcement officer about the person's admission to, or 
  1.21  residence in, a treatment facility.  Registration information on 
  1.22  adults and juveniles may be maintained together notwithstanding 
  1.23  section 260B.171, subdivision 3.  
  1.24     (b) For persons required to register under subdivision 1, 
  1.25  paragraph (c), following commitment pursuant to a court 
  1.26  commitment under section 253B.185 or a similar law of another 
  2.1   state or the United States, in addition to other information 
  2.2   required by this section, the registration provided to the 
  2.3   corrections agent or law enforcement authority must include the 
  2.4   person's offense history and documentation of treatment received 
  2.5   during the person's commitment.  This documentation shall be 
  2.6   limited to a statement of how far the person progressed in 
  2.7   treatment during commitment. 
  2.8      (c) Within three days of receipt, the corrections agent or 
  2.9   law enforcement authority shall forward the registration 
  2.10  information to the Bureau of Criminal Apprehension.  The bureau 
  2.11  shall ascertain whether the person has registered with the law 
  2.12  enforcement authority where the person resides.  If the person 
  2.13  has not registered with the law enforcement authority, the 
  2.14  bureau shall send one copy to that authority.  
  2.15     (d) The corrections agent or law enforcement authority may 
  2.16  require that a person required to register under this section 
  2.17  appear before the agent or authority to be photographed.  The 
  2.18  agent or authority shall forward the photograph to the Bureau of 
  2.19  Criminal Apprehension. 
  2.20     (e) During the period a person is required to register 
  2.21  under this section, the following shall apply: 
  2.22     (1) The Bureau of Criminal Apprehension shall mail a 
  2.23  verification form to the last reported address of the person's 
  2.24  residence.  This verification form shall provide notice to the 
  2.25  offender that, if the offender does not return the verification 
  2.26  form as required, information about the offender may be made 
  2.27  available to the public through electronic, computerized, or 
  2.28  other accessible means. 
  2.29     (2) The person shall mail the signed verification form back 
  2.30  to the Bureau of Criminal Apprehension within ten days after 
  2.31  receipt of the form, stating on the form the current and last 
  2.32  address of the person's residence and the other information 
  2.33  required under subdivision 4a. 
  2.34     (3) If the person fails to mail the completed and signed 
  2.35  verification form to the Bureau of Criminal Apprehension within 
  2.36  ten days after receipt of the form, the person shall be in 
  3.1   violation of this section.  
  3.2      (4) For any person who fails to mail the completed and 
  3.3   signed verification form to the Bureau of Criminal Apprehension 
  3.4   within ten days after receipt of the form and who has been 
  3.5   determined to be a level III offender under section 244.052, the 
  3.6   Bureau of Criminal Apprehension shall immediately conduct an 
  3.7   investigation to determine the person's location and to ensure 
  3.8   compliance with this section.  The Bureau of Criminal 
  3.9   Apprehension also shall immediately give notice of the person's 
  3.10  violation of this section to the law enforcement authority 
  3.11  having jurisdiction over the person's last registered address or 
  3.12  addresses.  
  3.13  For persons required to register under subdivision 1, paragraph 
  3.14  (c), following commitment pursuant to a court commitment under 
  3.15  section 253B.185 or a similar law of another state or the United 
  3.16  States, the bureau shall comply with clause (1) at least four 
  3.17  times each year.  For all other persons required to register 
  3.18  under this section, the bureau shall comply with clause (1) each 
  3.19  year within 30 days of the anniversary date of the person's 
  3.20  initial registration. 
  3.21     (f) When sending out a verification form, the Bureau of 
  3.22  Criminal Apprehension must determine whether the person to whom 
  3.23  the verification form is being sent has signed a written consent 
  3.24  form as provided for in paragraph (a).  If the person has not 
  3.25  signed such a consent form, the Bureau of Criminal Apprehension 
  3.26  must send a written consent form to the person along with the 
  3.27  verification form.  A person who receives this written consent 
  3.28  form must sign and return it to the Bureau of Criminal 
  3.29  Apprehension at the same time as the verification form. 
  3.30     (g) For the purposes of this subdivision, "treatment 
  3.31  facility" means a residential facility, as defined in section 
  3.32  244.052, subdivision 1, and residential chemical dependency 
  3.33  treatment programs and halfway houses licensed under chapter 
  3.34  245A, including, but not limited to, those facilities directly 
  3.35  or indirectly assisted by any department or agency of the United 
  3.36  States. 
  4.1      [EFFECTIVE DATE.] This section is effective the day 
  4.2   following final enactment.