5th Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to crime prevention; making numerous changes 1.3 to the predatory offender registration law including 1.4 lengthening the registration period for certain 1.5 offenders, requiring additional offenders to register, 1.6 requiring that additional information be reported, 1.7 authorizing disclosure of information about offenders, 1.8 and increasing the criminal penalty for predatory 1.9 offenders who fail to comply with the law and imposing 1.10 a mandatory minimum prison sentence on those 1.11 offenders; requiring the bureau of criminal 1.12 apprehension to maintain a computerized database for 1.13 predatory offenders; expanding and clarifying the 1.14 scope of the community notification law; requiring 1.15 that certain information regarding level III predatory 1.16 offenders be posted on the Internet; placing 1.17 restrictions on persons with felony convictions who 1.18 are seeking name changes; clarifying that harassment 1.19 crimes prohibit harassment by electronic means; 1.20 modifying the expungement law; expanding the 1.21 solicitation of a child to engage in sexual conduct 1.22 crime; authorizing the prosecution of certain sex 1.23 offenses in the jurisdiction where they originate or 1.24 terminate; eliminating the statute of limitations for 1.25 certain offenses; making certain data about sex 1.26 offenders available to law enforcement; changing the 1.27 membership of the criminal and juvenile justice 1.28 information policy group; authorizing the purchase and 1.29 distribution of criminal justice technology 1.30 infrastructure improvements; increasing the 1.31 presumptive sentence for first degree criminal sexual 1.32 conduct; requiring reports; imposing criminal 1.33 penalties; appropriating money; amending Minnesota 1.34 Statutes 1998, sections 13.54, subdivision 6; 243.166, 1.35 subdivisions 3, 5, 7, and by adding subdivisions; 1.36 244.052, as amended; 244.10, subdivision 2a; 259.11; 1.37 299C.65, subdivision 1, and by adding a subdivision; 1.38 517.08, subdivisions 1a and 1b; 518.27; 609.035, by 1.39 adding a subdivision; 609.342, subdivision 2; 609.352, 1.40 subdivisions 1 and 2; 609.749, subdivision 2; 609.795, 1.41 subdivision 1; 609A.03; and 628.26; Minnesota Statutes 1.42 1999 Supplement, sections 13.46, subdivision 2; 1.43 243.166, subdivisions 1, 2, 4, and 6; and 299C.65, 1.44 subdivisions 2 and 8; proposing coding for new law in 1.45 Minnesota Statutes, chapters 176; 243; 259; 299C; and 1.46 609. 2.1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.2 ARTICLE 1 2.3 APPROPRIATIONS 2.4 Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.] 2.5 The sums shown in the columns marked "APPROPRIATIONS" are 2.6 appropriated from the general fund, or another fund named, to 2.7 the agencies and for the purposes specified in this article to 2.8 be available for fiscal year 2001. 2.9 APPROPRIATIONS 2.10 Available for the Year 2.11 Ending June 30, 2001 2.12 Sec. 2. CORRECTIONS -0- $5,162,000 2.13 $1,000,000 is to increase the number of 2.14 probation officers managing intensive 2.15 supervised release caseloads. The 2.16 commissioner shall distribute these 2.17 funds proportionately based on current 2.18 unmet needs including areas of the 2.19 state that are not currently served by 2.20 an intensive supervised release 2.21 caseload. 2.22 $4,000,000 is for enhanced supervision 2.23 of adult felony sex offenders by 2.24 employing additional probation officers 2.25 to reduce the caseloads of probation 2.26 officers supervising sex offenders on 2.27 probation or supervised release. The 2.28 commissioner shall determine statewide 2.29 eligibility for these funds according 2.30 to the formula contained in Minnesota 2.31 Statutes, section 401.10. Each 2.32 Community Corrections Act jurisdiction 2.33 and the department's probation and 2.34 supervised release unit shall submit to 2.35 the commissioner an analysis of need 2.36 along with a plan to meet these needs 2.37 and reduce adult felony sex offender 2.38 caseloads. Upon approval of the plans, 2.39 the non-Community Corrections Act 2.40 portion of these funds shall be 2.41 appropriated to the department and the 2.42 distribution shall be based on 2.43 statewide need. The Community 2.44 Corrections Act funds shall be 2.45 disbursed as grants to each Community 2.46 Corrections Act jurisdiction. These 2.47 appropriations may not be used to 2.48 supplant existing state or county 2.49 probation officer positions. 2.50 $162,000 is for costs associated with 2.51 complying with Minnesota Statutes, 2.52 section 244.052. 2.53 Sec. 3. PUBLIC SAFETY 9,659,000 2.54 Subdivision 1. General 2.55 $7,388,000 is for criminal justice 2.56 technology infrastructure improvements 3.1 under Minnesota Statutes, section 3.2 299C.65, subdivision 8a, for the 3.3 purchase and distribution of: 3.4 (1) electronic fingerprint capture 3.5 technology; 3.6 (2) electronic photographic 3.7 identification technology; and 3.8 (3) additional bandwidth to transfer 3.9 and access electronic photographic 3.10 identification data and electronic 3.11 fingerprint data to the state's central 3.12 database. 3.13 Upon approval of the policy group, the 3.14 commissioner may use up to 7.5 percent 3.15 of this appropriation to implement this 3.16 subdivision. 3.17 $1,000,000 is for grants to government 3.18 agencies to transfer and access data 3.19 from the agencies to the statewide hot 3.20 file probation and pretrial release 3.21 data system. The criminal and juvenile 3.22 justice information policy group shall 3.23 review grant applications and the 3.24 commissioner shall make the grants 3.25 approved by the policy group within the 3.26 limits of the appropriation. Up to 3.27 $200,000 of this appropriation may be 3.28 used for grants to pay the costs of 3.29 developing or implementing a criminal 3.30 justice information integration plan as 3.31 described in Minnesota Statutes, 3.32 section 299C.65, subdivisions 5, 6, and 3.33 7. 3.34 The appropriations in this subdivision 3.35 are not subject to the requirements of 3.36 Minnesota Statutes, section 299C.65, 3.37 subdivision 8. 3.38 Subd. 2. Criminal Apprehension 3.39 $80,000 is for a technology systems 3.40 position. 3.41 $50,000 is for a criminal justice 3.42 information systems training position. 3.43 $234,000 is for three additional 3.44 criminal assessment unit agents. 3.45 $160,000 is for three criminal 3.46 intelligence analyst positions. 3.47 $200,000 is for five clerical positions. 3.48 $547,000 is for costs related to 3.49 interfacing the state system with the 3.50 national sex offender registry, 3.51 software development and 3.52 implementation, a system design 3.53 consultant, office supplies and 3.54 expenses, and sex offender registration 3.55 costs. Positions funded by this 3.56 appropriation may not supplant existing 3.57 services. 4.1 The superintendent of the bureau of 4.2 criminal apprehension shall transfer 4.3 two agents from the gang strike force 4.4 to perform general investigative duties 4.5 within the bureau, decreasing the gang 4.6 strike force's complement by two 4.7 positions. 4.8 Sec. 4. SENTENCING GUIDELINES 4.9 COMMISSION 100,000 4.10 This appropriation is to establish a 4.11 pilot project in Ramsey county to use 4.12 the statewide statute table to ensure 4.13 accurate and uniform charging on 4.14 criminal complaints. 4.15 Sec. 5. SUPREME COURT 3,512,000 4.16 This appropriation is to begin 4.17 redevelopment of the court information 4.18 system to be used by all counties to 4.19 integrate court information with other 4.20 criminal justice information. This 4.21 money may not be used by the supreme 4.22 court for any other purpose. 4.23 ARTICLE 2 4.24 PREDATORY OFFENDER REGISTRATION AND 4.25 COMMUNITY NOTIFICATION PROVISIONS 4.26 Section 1. Minnesota Statutes 1999 Supplement, section 4.27 243.166, subdivision 1, is amended to read: 4.28 Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall 4.29 register under this section if: 4.30 (1) the person was charged with or petitioned for a felony 4.31 violation of or attempt to violate any of the following, and 4.32 convicted of or adjudicated delinquent for that offense or 4.33 another offense arising out of the same set of circumstances: 4.34 (i) murder under section 609.185, clause (2); or 4.35 (ii) kidnapping under section 609.25; or 4.36 (iii) criminal sexual conduct under section 609.342; 4.37 609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 4.38 (iv) indecent exposure under section 617.23, subdivision 3; 4.39 or 4.40 (2) the person was charged with or petitioned for falsely 4.41 imprisoning a minor in violation of section 609.255, subdivision 4.42 2; soliciting a minor to engage in prostitution in violation of 4.43 section 609.322 or 609.324; soliciting a minor to engage in 4.44 sexual conduct in violation of section 609.352; using a minor in 5.1 a sexual performance in violation of section 617.246; or 5.2 possessing pictorial representations of minors in violation of 5.3 section 617.247, and convicted of or adjudicated delinquent for 5.4 that offense or another offense arising out of the same set of 5.5 circumstances; or 5.6 (3) the person was convicted of a predatory crime as 5.7 defined in section 609.108, and the offender was sentenced as a 5.8 patterned sex offender or the court found on its own motion or 5.9 that of the prosecutor that the crime was part of a predatory 5.10 pattern of behavior that had criminal sexual conduct as its 5.11 goal; or 5.12 (4) the person was convicted of or adjudicated delinquent 5.13 for, including pursuant to a court martial, violating a law of 5.14 the United States, including the Uniform Code of Military 5.15 Justice, similar to the offenses described in clause (1), (2), 5.16 or (3). 5.17 (b) A person also shall register under this section if: 5.18 (1) the person was convicted of or adjudicated delinquent 5.19 in another state for an offense that would be a violation of a 5.20 law described in paragraph (a) if committed in this state; 5.21 (2) the person enters the state
as required in subdivision5.22 3, paragraph (b)to reside, or to work or attend school; and 5.23 (3) ten years have not elapsed since the person was 5.24 released from confinement or, if the person was not confined, 5.25 since the person was convicted of or adjudicated delinquent for 5.26 the offense that triggers registration. 5.27 For purposes of this paragraph: 5.28 (i) "school" includes any public or private educational 5.29 institution, including any secondary school, trade or 5.30 professional institution, or institution of higher education, 5.31 that the person is enrolled in on a full-time or part-time 5.32 basis; and 5.33 (ii) "work" includes employment that is full-time or 5.34 part-time for a period of time exceeding 14 days or for an 5.35 aggregate period of time exceeding 30 days during any calendar 5.36 year, whether financially compensated, volunteered, or for the 6.1 purpose of government or educational benefit. 6.2 (c) A person also shall register under this section if the 6.3 person was committed pursuant to a court commitment order under 6.4 section 253B.185 or Minnesota Statutes 1992, section 526.10, or 6.5 a similar law of another state or the United States, regardless 6.6 of whether the person was convicted of any offense. 6.7 (d) A person also shall register under this section if: 6.8 (1) the person was charged with or petitioned for a felony 6.9 violation or attempt to violate any of the offenses listed in 6.10 paragraph (a), clause (1), or a similar law of another state or 6.11 federal jurisdictionthe United States, or the person was 6.12 charged with or petitioned for a violation of any of the 6.13 offenses listed in paragraph (a), clause (2), or a similar law 6.14 of another state or federal jurisdictionthe United States; 6.15 (2) the person was found not guilty by reason of mental 6.16 illness or mental deficiency after a trial for that offense, or 6.17 found guilty but mentally ill after a trial for that offense, in 6.18 states with a guilty but mentally ill verdict; and 6.19 (3) the person was committed pursuant to a court commitment 6.20 order under section 253B.18 or a similar law of another state or 6.21 federal jurisdictionthe United States. 6.22 Sec. 2. Minnesota Statutes 1999 Supplement, section 6.23 243.166, subdivision 2, is amended to read: 6.24 Subd. 2. [NOTICE.] When a person who is required to 6.25 register under subdivision 1, 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, paragraph (a), was not 7.3 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, 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 Sec. 3. Minnesota Statutes 1998, section 243.166, 7.13 subdivision 3, is amended to read: 7.14 Subd. 3. [REGISTRATION PROCEDURE.] (a) A person required 7.15 to register under this section shall register with the 7.16 corrections agent as soon as the agent is assigned to the 7.17 person. If the person does not have an assigned corrections 7.18 agent or is unable to locate the assigned corrections agent, the 7.19 person shall register with the law enforcement agency that has 7.20 jurisdiction in the area of the person's residence. 7.21 (b) At least five days before the person starts living at a 7.22 new address, including living in another state, the person shall 7.23 give written notice of the new 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. The corrections agent or law enforcement authority 7.30 shall, within two business days after receipt of this 7.31 information, forward it to the bureau of criminal apprehension. 7.32 The bureau of criminal apprehension shall, if it has not already 7.33 been done, notify the law enforcement authority having primary 7.34 jurisdiction in the community where the person will live of the 7.35 new address. If the person is leaving the state, the bureau of 7.36 criminal apprehension shall notify the registration authority in 8.1 the new state of the new address. 8.2 (c) A person required to register under subdivision 1, 8.3 paragraph (b), because the person is working or attending school 8.4 in Minnesota shall register with the law enforcement agency that 8.5 has jurisdiction in the area where the person works or attends 8.6 school. In addition to other information required by this 8.7 section, the person shall provide the address of the school or 8.8 of the location where the person is employed. A person must 8.9 comply with this paragraph within five days of beginning 8.10 employment or school. 8.11 (d) A person required to register under this section who 8.12 works or attends school outside of Minnesota shall register as a 8.13 predatory offender in the state where the person works or 8.14 attends school. The person's corrections agent, or if the 8.15 person does not have an assigned corrections agent, the law 8.16 enforcement authority that has jurisdiction in the area of the 8.17 person's residence shall notify the person of this requirement. 8.18 Sec. 4. Minnesota Statutes 1999 Supplement, section 8.19 243.166, subdivision 4, is amended to read: 8.20 Subd. 4. [CONTENTS OF REGISTRATION.] (a) The registration 8.21 provided to the corrections agent or law enforcement authority, 8.22 must consist of a statement in writing signed by the person, 8.23 giving information required by the bureau of criminal 8.24 apprehension, a fingerprint card, and photograph of the person 8.25 taken at the time of the person's release from incarceration or, 8.26 if the person was not incarcerated, at the time the person 8.27 initially registered under this section. The registration 8.28 information also must include a written consent form signed by 8.29 the person allowing a treatment facility to release information 8.30 to a law enforcement officer about the person's admission to, or 8.31 residence in, a treatment facility. Registration information on 8.32 adults and juveniles may be maintained together notwithstanding 8.33 section 260B.171, subdivision 3. 8.34 (b) For persons required to register under subdivision 1, 8.35 paragraph (c), following commitment pursuant to a court 8.36 commitment under section 253B.185 or a similar law of another 9.1 state or the United States, in addition to other information 9.2 required by this section, the registration provided to the 9.3 corrections agent or law enforcement authority must include the 9.4 person's offense history and documentation of treatment received 9.5 during the person's commitment. This documentation shall be 9.6 limited to a statement of how far the person progressed in 9.7 treatment during commitment. 9.8 (c) Within three days of receipt, the corrections agent or 9.9 law enforcement authority shall forward the statement,9.10 fingerprint card, and photographregistration information to the 9.11 bureau of criminal apprehension. The bureau shall ascertain 9.12 whether the person has registered with the law enforcement 9.13 authority where the person resides. If the person has not 9.14 registered with the law enforcement authority, the bureau shall 9.15 send one copy to that authority. 9.16 (d) The corrections agent or law enforcement authority may 9.17 require that a person required to register under this section 9.18 appear before the agent or authority to be photographed. The 9.19 agent or authority shall forward the photograph to the bureau of 9.20 criminal apprehension. 9.21 (c)(e) During the period a person is required to register 9.22 under this section, the following shall apply: 9.23 (1) Each year, within 30 days of the anniversary date of9.24 the person's initial registration,The bureau of criminal 9.25 apprehension shall mail a verification form to the last reported 9.26 address of the personperson's residence. This verification 9.27 form shall provide notice to the offender that, if the offender 9.28 does not return the verification form as required, information 9.29 about the offender may be made available to the public through 9.30 electronic, computerized, or other accessible means. 9.31 (2) The person shall mail the signed verification form back 9.32 to the bureau of criminal apprehension within ten days after 9.33 receipt of the form, stating on the form the current and last 9.34 address of the personperson's residence and the other 9.35 information required under subdivision 4a. 9.36 (3) If the person fails to mail the completed and signed 10.1 verification form to the bureau of criminal apprehension within 10.2 ten days after receipt of the form, the person shall be in 10.3 violation of this section. 10.4 For persons required to register under subdivision 1, paragraph 10.5 (c), following commitment pursuant to a court commitment under 10.6 section 253B.185 or a similar law of another state or the United 10.7 States, the bureau shall comply with clause (1) at least four 10.8 times each year. For all other persons required to register 10.9 under this section, the bureau shall comply with clause (1) each 10.10 year within 30 days of the anniversary date of the person's 10.11 initial registration. 10.12 (f) When sending out a verification form, the bureau of 10.13 criminal apprehension must determine whether the person to whom 10.14 the verification form is being sent has signed a written consent 10.15 form as provided for in paragraph (a). If the person has not 10.16 signed such a consent form, the bureau of criminal apprehension 10.17 must send a written consent form to the person along with the 10.18 verification form. A person who receives this written consent 10.19 form must sign and return it to the bureau of criminal 10.20 apprehension at the same time as the verification form. 10.21 (g) For the purposes of this subdivision, "treatment 10.22 facility" means a residential facility, as defined in section 10.23 244.052, subdivision 1, and residential chemical dependency 10.24 treatment programs and halfway houses licensed under chapter 10.25 245A, including, but not limited to, those facilities directly 10.26 or indirectly assisted by any department or agency of the United 10.27 States. 10.28 Sec. 5. Minnesota Statutes 1998, section 243.166, is 10.29 amended by adding a subdivision to read: 10.30 Subd. 4a. [INFORMATION REQUIRED TO BE PROVIDED.] (a) A 10.31 person required to register under this section shall provide to 10.32 the corrections agent or law enforcement authority the following 10.33 information: 10.34 (1) the address of the person's primary residence; 10.35 (2) the addresses of all the person's secondary residences, 10.36 including all addresses used for residential or recreational 11.1 purposes; 11.2 (3) the addresses of all property owned, leased, or rented 11.3 by the person; 11.4 (4) the addresses of all locations where the person is 11.5 employed; 11.6 (5) the addresses of all residences where the person 11.7 resides while attending school; and 11.8 (6) the year, model, make, license plate number, and color 11.9 of all motor vehicles owned or regularly driven by the person. 11.10 (b) The person shall report to the agent or authority the 11.11 information required to be provided under paragraph (a), clauses 11.12 (2) to (6), within five days of the date the clause becomes 11.13 applicable. If because of a change in circumstances a clause no 11.14 longer applies to previously reported information, the person 11.15 shall immediately inform the agent or authority that the 11.16 information is no longer valid. 11.17 Sec. 6. Minnesota Statutes 1998, section 243.166, 11.18 subdivision 5, is amended to read: 11.19 Subd. 5. [CRIMINAL PENALTY.] (a) A person required to 11.20 register under this section who knowingly violates any of its 11.21 provisions or intentionally provides false information to a 11.22 corrections agent, law enforcement authority, or the bureau of 11.23 criminal apprehension is guilty of a gross misdemeanor. A11.24 person convicted of or adjudicated delinquent for violating this11.25 section who previously has been convicted under this section is11.26 guilty of afelony and may be sentenced to imprisonment for not 11.27 more than five years or to payment of a fine of not more than 11.28 $10,000, or both. 11.29 (b) Except as provided in paragraph (c), a person convicted 11.30 of violating paragraph (a) shall be committed to the custody of 11.31 the commissioner of corrections for not less than a year and a 11.32 day, nor more than five years. 11.33 (c) A person convicted of violating paragraph (a), who has 11.34 previously been convicted of or adjudicated delinquent for 11.35 violating this section, shall be committed to the custody of the 11.36 commissioner of corrections for not less than two years, nor 12.1 more than five years. 12.2 (d) Prior to the time of sentencing, the prosecutor may 12.3 file a motion to have the person sentenced without regard to the 12.4 mandatory minimum sentence established by this subdivision. The 12.5 motion shall be accompanied by a statement on the record of the 12.6 reasons for it. When presented with the motion, or on its own 12.7 motion, the court may sentence the person without regard to the 12.8 mandatory minimum sentence if the court finds substantial and 12.9 compelling reasons to do so. Sentencing a person in the manner 12.10 described in this paragraph is a departure from the sentencing 12.11 guidelines. 12.12 (e) A person convicted and sentenced as required by this 12.13 subdivision is not eligible for probation, parole, discharge, 12.14 work release, or supervised release, until that person has 12.15 served the full term of imprisonment as provided by law, 12.16 notwithstanding the provisions of sections 241.26, 242.19, 12.17 243.05, 244.04, 609.12, and 609.135. 12.18 Sec. 7. Minnesota Statutes 1999 Supplement, section 12.19 243.166, subdivision 6, is amended to read: 12.20 Subd. 6. [REGISTRATION PERIOD.] (a) Notwithstanding the 12.21 provisions of section 609.165, subdivision 1, and except as 12.22 provided in paragraphs (b), (c), and (d), a person required to 12.23 register under this section shall continue to comply with this 12.24 section until ten years have elapsed since the person initially 12.25 registered in connection with the offense, or until the 12.26 probation, supervised release, or conditional release period 12.27 expires, whichever occurs later. For a person required to 12.28 register under this section who is committed under section 12.29 253B.18 or 253B.185, the ten-year registration period does not 12.30 include the period of commitment. 12.31 (b) If a person required to register under this section 12.32 fails to register following a change in residence, the 12.33 commissioner of public safety may require the person to continue 12.34 to register for an additional period of five years. 12.35 (c) If a person required to register under this section is 12.36 subsequently incarcerated following a revocation of probation, 13.1 supervised release, or conditional release for that offense, or 13.2 a conviction for any new offense, the person shall continue to 13.3 register until ten years have elapsed since the person was last 13.4 released from incarceration or until the person's probation, 13.5 supervised release, or conditional release period expires, 13.6 whichever occurs later. 13.7 (d) A person shall continue to comply with this section for 13.8 the life of that person: 13.9 (1) if the person is convicted of or adjudicated delinquent 13.10 for any offense for which registration is required under 13.11 subdivision 1, or any offense from another state or any federal 13.12 offense similar to the offenses described in subdivision 1, and 13.13 the person has a prior conviction or adjudication for an offense 13.14 for which registration was required under subdivision 1, or an 13.15 offense from another state or a federal offense similar to an 13.16 offense described in subdivision 1; 13.17 (2) if the person is required to register based upon a 13.18 conviction or delinquency adjudication for an offense under 13.19 section 609.185, clause (2); 609.342, subdivision 1, paragraph 13.20 (a), (c), (d), (e), (f), or (h); 609.343, subdivision 1, 13.21 paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 13.22 1, paragraph (a), (c), or (g); or 609.345, subdivision 1, 13.23 paragraph (a), (c), or (g); or a statute from another state or 13.24 the United States similar to the offenses described in this 13.25 clause; or 13.26 (3) if the person is required to register under subdivision 13.27 1, paragraph (c), following commitment pursuant to a court 13.28 commitment under section 253B.185 or a similar law of another 13.29 state or the United States. 13.30 Sec. 8. Minnesota Statutes 1998, section 243.166, 13.31 subdivision 7, is amended to read: 13.32 Subd. 7. [USE OF INFORMATION.] Except as otherwise 13.33 provided in sectionsubdivision 7a or sections 244.052 and 13.34 299C.093, the information provided under this section is private 13.35 data on individuals under section 13.0113.02, subdivision 12. 13.36 The information may be used only for law enforcement purposes. 14.1 Sec. 9. Minnesota Statutes 1998, section 243.166, is 14.2 amended by adding a subdivision to read: 14.3 Subd. 7a. [AVAILABILITY OF INFORMATION ON OFFENDERS WHO 14.4 ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The bureau of 14.5 criminal apprehension may make information available to the 14.6 public about offenders who are 16 years of age or older and who 14.7 are out of compliance with this section for 30 days or longer 14.8 for failure to provide the address of the offenders' primary or 14.9 secondary residences. This information may be made available to 14.10 the public through electronic, computerized, or other accessible 14.11 means. The amount and type of information made available shall 14.12 be limited to the information necessary for the public to assist 14.13 law enforcement in locating the offender. 14.14 (b) An offender who comes into compliance with this section 14.15 after the bureau of criminal apprehension discloses information 14.16 about the offender to the public may send a written request to 14.17 the bureau requesting the bureau to treat information about the 14.18 offender as private data, consistent with subdivision 7. The 14.19 bureau shall review the request and promptly take reasonable 14.20 action to treat the data as private, if the offender has 14.21 complied with the requirement that the offender provide the 14.22 addresses of the offender's primary and secondary residences, or 14.23 promptly notify the offender that the information will continue 14.24 to be treated as public information and the reasons for the 14.25 bureau's decision. 14.26 (c) If an offender believes the information made public 14.27 about the offender is inaccurate or incomplete, the offender may 14.28 challenge the data under section 13.04, subdivision 4. 14.29 (d) The bureau of criminal apprehension is immune from any 14.30 civil or criminal liability that might otherwise arise, based on 14.31 the accuracy or completeness of any information made public 14.32 under this subdivision, if the bureau acts in good faith. 14.33 Sec. 10. Minnesota Statutes 1998, section 243.166, is 14.34 amended by adding a subdivision to read: 14.35 Subd. 10. [APPLICATION.] (a) All provisions of this 14.36 section shall apply to a predatory offender convicted of or 15.1 adjudicated delinquent for an offense described in subdivision 1 15.2 that requires registration if the offender is incarcerated or on 15.3 any form of supervision for that offense as of the effective 15.4 date of this subdivision, regardless of the date of the 15.5 predatory offender's conviction or delinquency adjudication. 15.6 (b) Paragraph (a) does not change the obligation of any 15.7 offender to register who began to register under this section 15.8 before the effective date of this subdivision. 15.9 Sec. 11. [243.167] [REGISTRATION UNDER THE PREDATORY 15.10 OFFENDER REGISTRATION LAW FOR OTHER OFFENSES.] 15.11 Subdivision 1. [DEFINITION.] As used in this section, 15.12 "crime against the person" means a violation of any of the 15.13 following: section 609.165; 609.185; 609.19; 609.195; 609.20; 15.14 609.205; 609.221; 609.222; 609.223; 609.224, subdivision 2; 15.15 609.2242, subdivision 2 or 4; 609.235; 609.245, subdivision 1; 15.16 609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 15.17 1; 609.582, subdivision 1; or 617.23, subdivision 2; or any 15.18 felony-level violation of section 609.229; 609.377; 609.749; or 15.19 624.713. 15.20 Subd. 2. [WHEN REQUIRED.] (a) In addition to the 15.21 requirements of section 243.166, a person also shall register 15.22 under section 243.166 if: 15.23 (1) the person is convicted of a crime against the person; 15.24 and 15.25 (2) the person was previously convicted of or adjudicated 15.26 delinquent for an offense listed in section 243.166, subdivision 15.27 1, paragraph (a), but was not required to register for the 15.28 offense because the registration requirements of that section 15.29 did not apply to the person at the time the offense was 15.30 committed or at the time the person was released from 15.31 imprisonment. 15.32 (b) A person who was previously required to register under 15.33 section 243.166 and who has completed the registration 15.34 requirements of that section shall again register under section 15.35 243.166 if the person commits a crime against the person. 15.36 Sec. 12. Minnesota Statutes 1998, section 244.052, as 16.1 amended by Laws 1999, chapters 86, article 1, section 82; 216, 16.2 article 6, sections 2, 3, 4, and 5; and 233, sections 4 and 5, 16.3 is amended to read: 16.4 244.052 [ SEXPREDATORY OFFENDERS; NOTICE.] 16.5 Subdivision 1. [DEFINITIONS.] As used in this section: 16.6 (1) "confinement" means confinement in a state correctional 16.7 facility or a state treatment facility; 16.8 (2) "law enforcement agency" means the law enforcement 16.9 agency having primary jurisdiction over the location where the 16.10 offender expects to reside upon release; 16.11 (3) "residential facility" means a facility that is 16.12 licensed as a residential program, as defined in section 16.13 245A.02, subdivision 14, by the commissioner of human services 16.14 under chapter 245A, or the commissioner of corrections under 16.15 section 241.021, whose staff are trained in the supervision of 16.16 sex offenders; and 16.17 (4) " sexpredatory offender" and "offender" mean a person 16.18 who has been:16.19 (i) convicted of an offense for which registration under16.20 section 243.166 is required;16.21 (ii) committed pursuant to a court commitment order under16.22 section 253B.185 or Minnesota Statutes 1992, section 526.10,16.23 regardless of whether the person was convicted of any offense;16.24 or16.25 (iii) committed pursuant to a court commitment order under16.26 section 253B.18, under the circumstances described in section16.27 243.166, subdivision 1, paragraph (d)is required to register as 16.28 a predatory offender under section 243.166. However, the terms 16.29 do not include persons required to register based solely on a 16.30 delinquency adjudication. 16.31 Subd. 2. [RISK ASSESSMENT SCALE.] By January 1, 1997, the 16.32 commissioner of corrections shall develop a risk assessment 16.33 scale which assigns weights to the various risk factors listed 16.34 in subdivision 3, paragraph (g), and specifies the risk level to 16.35 which offenders with various risk assessment scores shall be 16.36 assigned. In developing this scale, the commissioner shall 17.1 consult with county attorneys, treatment professionals, law 17.2 enforcement officials, and probation officers. 17.3 Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 17.4 commissioner of corrections shall establish and administer 17.5 end-of-confinement review committees at each state correctional 17.6 facility and at each state treatment facility where sex17.7 predatory offenders are confined. The committees shall assess 17.8 on a case-by-case basis the public risk posed by sexpredatory 17.9 offenders who are about to be released from confinement. 17.10 (b) Each committee shall be a standing committee and shall 17.11 consist of the following members appointed by the commissioner: 17.12 (1) the chief executive officer or head of the correctional 17.13 or treatment facility where the offender is currently confined, 17.14 or that person's designee; 17.15 (2) a law enforcement officer; 17.16 (3) a treatment professional who is trained in the 17.17 assessment of sex offenders; 17.18 (4) a caseworker experienced in supervising sex offenders; 17.19 and 17.20 (5) a victim's services professional. 17.21 Members of the committee, other than the facility's chief 17.22 executive officer or head, shall be appointed by the 17.23 commissioner to two-year terms. The chief executive officer or 17.24 head of the facility or designee shall act as chair of the 17.25 committee and shall use the facility's staff, as needed, to 17.26 administer the committee, obtain necessary information from 17.27 outside sources, and prepare risk assessment reports on 17.28 offenders. 17.29 (c) The committee shall have access to the following data 17.30 on a sexpredatory offender only for the purposes of its 17.31 assessment and to defend the committee's risk assessment 17.32 determination upon administrative review under this section: 17.33 (1) private medical data under section 13.42 or 144.335, or 17.34 welfare data under section 13.46 that relate to medical 17.35 treatment of the offender; 17.36 (2) private and confidential court services data under 18.1 section 13.84; 18.2 (3) private and confidential corrections data under section 18.3 13.85; and 18.4 (4) private criminal history data under section 13.87. 18.5 Data collected and maintained by the committee under this 18.6 paragraph may not be disclosed outside the committee, except as 18.7 provided under section 13.05, subdivision 3 or 4. The sex18.8 predatory offender has access to data on the offender collected 18.9 and maintained by the committee, unless the data are 18.10 confidential data received under this paragraph. 18.11 (d)(i) Except as otherwise provided in item (ii), at least 18.12 90 days before a sexpredatory offender is to be released from 18.13 confinement, the commissioner of corrections shall convene the 18.14 appropriate end-of-confinement review committee for the purpose 18.15 of assessing the risk presented by the offender and determining 18.16 the risk level to which the offender shall be assigned under 18.17 paragraph (e). The offender and the law enforcement agency that 18.18 was responsible for the charge resulting in confinement shall be 18.19 notified of the time and place of the committee's meeting. The 18.20 offender has a right to be present and be heard at the meeting. 18.21 The law enforcement agency may provide material in writing that 18.22 is relevant to the offender's risk level to the chair of the 18.23 committee. The committee shall use the risk factors described 18.24 in paragraph (g) and the risk assessment scale developed under 18.25 subdivision 2 to determine the offender's risk assessment score 18.26 and risk level. Offenders scheduled for release from 18.27 confinement shall be assessed by the committee established at 18.28 the facility from which the offender is to be released. 18.29 (ii) If an offender is received for confinement in a 18.30 facility with less than 90 days remaining in the offender's term 18.31 of confinement, the offender's risk shall be assessed at the 18.32 first regularly scheduled end of confinement review committee 18.33 that convenes after the appropriate documentation for the risk 18.34 assessment is assembled by the committee. The commissioner 18.35 shall make reasonable efforts to ensure that offender's risk is 18.36 assessed and a risk level is assigned or reassigned at least 30 19.1 days before the offender's release date. 19.2 (e) The committee shall assign to risk level I a sex19.3 predatory offender whose risk assessment score indicates a low 19.4 risk of reoffense. The committee shall assign to risk level II 19.5 an offender whose risk assessment score indicates a moderate 19.6 risk of reoffense. The committee shall assign to risk level III 19.7 an offender whose risk assessment score indicates a high risk of 19.8 reoffense. 19.9 (f) Before the sexpredatory offender is released from 19.10 confinement, the committee shall prepare a risk assessment 19.11 report which specifies the risk level to which the offender has 19.12 been assigned and the reasons underlying the committee's risk 19.13 assessment decision. The committee shall give the report to the 19.14 offender and to the law enforcement agency at least 60 days 19.15 before an offender is released from confinement. If the risk 19.16 assessment is performed under the circumstances described in 19.17 paragraph (d), item (ii), the report shall be given to the 19.18 offender and the law enforcement agency as soon as it is 19.19 available. The committee also shall inform the offender of the 19.20 availability of review under subdivision 6. 19.21 (g) As used in this subdivision, "risk factors" includes, 19.22 but is not limited to, the following factors: 19.23 (1) the seriousness of the offense should the offender 19.24 reoffend. This factor includes consideration of the following: 19.25 (i) the degree of likely force or harm; 19.26 (ii) the degree of likely physical contact; and 19.27 (iii) the age of the likely victim; 19.28 (2) the offender's prior offense history. This factor 19.29 includes consideration of the following: 19.30 (i) the relationship of prior victims to the offender; 19.31 (ii) the number of prior offenses or victims; 19.32 (iii) the duration of the offender's prior offense history; 19.33 (iv) the length of time since the offender's last prior 19.34 offense while the offender was at risk to commit offenses; and 19.35 (v) the offender's prior history of other antisocial acts; 19.36 (3) the offender's characteristics. This factor includes 20.1 consideration of the following: 20.2 (i) the offender's response to prior treatment efforts; and 20.3 (ii) the offender's history of substance abuse; 20.4 (4) the availability of community supports to the offender. 20.5 This factor includes consideration of the following: 20.6 (i) the availability and likelihood that the offender will 20.7 be involved in therapeutic treatment; 20.8 (ii) the availability of residential supports to the 20.9 offender, such as a stable and supervised living arrangement in 20.10 an appropriate location; 20.11 (iii) the offender's familial and social relationships, 20.12 including the nature and length of these relationships and the 20.13 level of support that the offender may receive from these 20.14 persons; and 20.15 (iv) the offender's lack of education or employment 20.16 stability; 20.17 (5) whether the offender has indicated or credible evidence 20.18 in the record indicates that the offender will reoffend if 20.19 released into the community; and 20.20 (6) whether the offender demonstrates a physical condition 20.21 that minimizes the risk of reoffense, including but not limited 20.22 to, advanced age or a debilitating illness or physical condition. 20.23 (h) Upon the request of the law enforcement agency or the 20.24 offender's corrections agent, the commissioner may reconvene the 20.25 end-of-confinement review committee for the purpose of 20.26 reassessing the risk level to which an offender has been 20.27 assigned under paragraph (e). In a request for a reassessment, 20.28 the law enforcement agency which was responsible for the charge 20.29 resulting in confinement or agent shall list the facts and 20.30 circumstances arising after the initial assignment or facts and 20.31 circumstances known to law enforcement or the agent but not 20.32 considered by the committee under paragraph (e) which support 20.33 the request for a reassessment. The request for reassessment 20.34 must occur within 30 days of receipt of the report indicating 20.35 the offender's risk level assignment. Upon review of the 20.36 request, the end-of-confinement review committee may reassign an 21.1 offender to a different risk level. If the offender is 21.2 reassigned to a higher risk level, the offender has the right to 21.3 seek review of the committee's determination under subdivision 6. 21.4 (i) An offender may request the end-of-confinement review 21.5 committee to reassess the offender's assigned risk level after 21.6 twothree years have elapsed since the committee's initial risk 21.7 assessment and may renew the request once every two years 21.8 following subsequent denials. In a request for reassessment, 21.9 the offender shall list the facts and circumstances which 21.10 demonstrate that the offender no longer poses the same degree of 21.11 risk to the community. The committee shall follow the process 21.12 outlined in paragraphs (a) to (e), and (g) in the reassessment. 21.13 An offender who is incarcerated may not request a reassessment 21.14 under this paragraph. 21.15 (j) The commissioner shall establish an end-of-confinement 21.16 review committee to assign a risk level to offenders who are 21.17 released from a federal correctional facility in Minnesota or 21.18 another state and who intend to reside in Minnesota, and to 21.19 offenders accepted from another state under a reciprocal 21.20 agreement for parole supervision under the interstate compact 21.21 authorized by section 243.16. The committee shall make 21.22 reasonable efforts to conform to the same timelines as applied 21.23 to Minnesota cases. Offenders accepted from another state under 21.24 a reciprocal agreement for probation supervision are not 21.25 assigned a risk level, but are considered downward dispositional 21.26 departures. The probation or court services officer and law 21.27 enforcement officer shall manage such cases in accordance with 21.28 section 244.10, subdivision 2a. The policies and procedures of 21.29 the committee for federal offenders and interstate compact cases 21.30 must be in accordance with all requirements as set forth in this 21.31 section, unless restrictions caused by the nature of federal or 21.32 interstate transfers prevents such conformance. 21.33 (k) If the committee assigns a sexpredatory offender to 21.34 risk level III, the committee shall determine whether residency 21.35 restrictions shall be included in the conditions of the 21.36 offender's release based on the offender's pattern of offending 22.1 behavior. 22.2 Subd. 4. [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 22.3 INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 22.4 area where the sexpredatory offender resides, expects to 22.5 reside, is employed, or is regularly found, shall disclose to 22.6 the public any information regarding the offender contained in 22.7 the report forwarded to the agency under subdivision 3, 22.8 paragraph (f), that is relevant and necessary to protect the 22.9 public and to counteract the offender's dangerousness, 22.10 consistent with the guidelines in paragraph (b). The extent of 22.11 the information disclosed and the community to whom disclosure 22.12 is made must relate to the level of danger posed by the 22.13 offender, to the offender's pattern of offending behavior, and 22.14 to the need of community members for information to enhance 22.15 their individual and collective safety. 22.16 (b) The law enforcement agency shall employ the following 22.17 guidelines in determining the scope of disclosure made under 22.18 this subdivision: 22.19 (1) if the offender is assigned to risk level I, the agency 22.20 may maintain information regarding the offender within the 22.21 agency and may disclose it to other law enforcement agencies. 22.22 Additionally, the agency may disclose the information to any 22.23 victims of or witnesses to the offense committed by the 22.24 offender. The agency shall disclose the information to victims 22.25 of the offense committed by the offender who have requested 22.26 disclosure; 22.27 (2) if the offender is assigned to risk level II, the 22.28 agency also may disclose the information to agencies and groups 22.29 that the offender is likely to encounter for the purpose of 22.30 securing those institutions and protecting individuals in their 22.31 care while they are on or near the premises of the institution. 22.32 These agencies and groups include the staff members of public 22.33 and private educational institutions, day care establishments, 22.34 and establishments and organizations that primarily serve 22.35 individuals likely to be victimized by the offender. The agency 22.36 also may disclose the information to individuals the agency 23.1 believes are likely to be victimized by the offender. The 23.2 agency's belief shall be based on the offender's pattern of 23.3 offending or victim preference as documented in the information 23.4 provided by the department of corrections or human services; 23.5 (3) if the offender is assigned to risk level III, the 23.6 agency shall disclose the information to the persons and 23.7 entities described in clauses (1) and (2) and to other members 23.8 of the community whom the offender is likely to encounter, 23.9 unless the law enforcement agency determines that public safety 23.10 would be compromised by the disclosure or that a more limited 23.11 disclosure is necessary to protect the identity of the victim. 23.12 Notwithstanding the assignment of a sexpredatory offender 23.13 to risk level II or III, a law enforcement agency may not make 23.14 the disclosures permitted or required by clause (2) or (3), if: 23.15 the offender is placed or resides in a residential facility. 23.16 However, if an offender is placed or resides in a residential 23.17 facility, the offender and the head of the facility shall 23.18 designate the offender's likely residence upon release from the 23.19 facility and the head of the facility shall notify the 23.20 commissioner of corrections or the commissioner of human 23.21 services of the offender's likely residence at least 14 days 23.22 before the offender's scheduled release date. The commissioner 23.23 shall give this information to the law enforcement agency having 23.24 jurisdiction over the offender's likely residence. The head of 23.25 the residential facility also shall notify the commissioner of 23.26 corrections or human services within 48 hours after finalizing 23.27 the offender's approved relocation plan to a permanent 23.28 residence. Within five days after receiving this notification, 23.29 the appropriate commissioner shall give to the appropriate law 23.30 enforcement agency all relevant information the commissioner has 23.31 concerning the offender, including information on the risk 23.32 factors in the offender's history and the risk level to which 23.33 the offender was assigned. After receiving this information, 23.34 the law enforcement agency shall make the disclosures permitted 23.35 or required by clause (2) or (3), as appropriate. 23.36 (c) As used in paragraph (b), clauses (2) and (3), "likely 24.1 to encounter" means that: 24.2 (1) the organizations or community members are in a 24.3 location or in close proximity to a location where the offender 24.4 lives or is employed, or which the offender visits or is likely 24.5 to visit on a regular basis, other than the location of the 24.6 offender's outpatient treatment program; and 24.7 (2) the types of interaction which ordinarily occur at that 24.8 location and other circumstances indicate that contact with the 24.9 offender is reasonably certain. 24.10 (d) A law enforcement agency or official who discloses 24.11 information under this subdivision shall make a good faith 24.12 effort to make the notification within 14 days of receipt of a 24.13 confirmed address from the department of corrections indicating 24.14 that the offender will be, or has been, released from 24.15 confinement, or accepted for supervision, or has moved to a new 24.16 address and will reside at the address indicated. If a change 24.17 occurs in the release plan, this notification provision does not 24.18 require an extension of the release date. 24.19 (e) A law enforcement agency or official who discloses 24.20 information under this subdivision shall not disclose the 24.21 identity or any identifying characteristics of the victims of or 24.22 witnesses to the offender's offenses. 24.23 (f) A law enforcement agency shall continue to disclose 24.24 information on an offender as required by this subdivision for 24.25 as long as the offender is required to register under section 24.26 243.166. 24.27 (g) A law enforcement agency that is disclosing information 24.28 on an offender assigned to risk level III to the public under 24.29 this subdivision shall inform the commissioner of corrections 24.30 what information is being disclosed and forward this information 24.31 to the commissioner within two days of the agency's 24.32 determination. The commissioner shall post this information on 24.33 the Internet as required in subdivision 4b. 24.34 Subd. 4a. [LEVEL III OFFENDERS; LOCATION OF RESIDENCE.] 24.35 When an offender assigned to risk level III is released from 24.36 confinement or a residential facility to reside in the community 25.1 or changes residence while on supervised or conditional release, 25.2 the agency responsible for the offender's supervision shall take 25.3 into consideration the proximity of the offender's residence to 25.4 that of other level III offenders and, to the greatest extent 25.5 feasible, shall mitigate the concentration of level III 25.6 offenders. 25.7 Subd. 4b. [LEVEL III OFFENDERS; MANDATORY POSTING OF 25.8 INFORMATION ON INTERNET.] The commissioner of corrections shall 25.9 create and maintain an Internet Web site and post on the site 25.10 the information about offenders assigned to risk level III 25.11 forwarded by law enforcement agencies under subdivision 4, 25.12 paragraph (g). This information must be updated in a timely 25.13 manner to account for changes in the offender's address and 25.14 maintained for the period of time that the offender remains 25.15 subject to community notification as a level III offender. 25.16 Subd. 5. [RELEVANT INFORMATION PROVIDED TO LAW 25.17 ENFORCEMENT.] At least 60 days before a sexpredatory offender 25.18 is released from confinement, the department of corrections or 25.19 the department of human services, in the case of a person who 25.20 was committed under section 253B.185 or Minnesota Statutes 1992, 25.21 section 526.10, shall give to the law enforcement agency that 25.22 investigated the offender's crime of conviction or, where 25.23 relevant, the law enforcement agency having primary jurisdiction 25.24 where the offender was committed, all relevant information that 25.25 the departments have concerning the offender, including 25.26 information on risk factors in the offender's history. Within 25.27 five days after receiving the offender's approved release plan 25.28 from the hearings and release unit, the appropriate department 25.29 shall give to the law enforcement agency having primary 25.30 jurisdiction where the offender plans to reside all relevant 25.31 information the department has concerning the offender, 25.32 including information on risk factors in the offender's history 25.33 and the risk level to which the offender was assigned. If the 25.34 offender's risk level was assigned under the circumstances 25.35 described in subdivision 3, paragraph (d), item (ii), the 25.36 appropriate department shall give the law enforcement agency all 26.1 relevant information that the department has concerning the 26.2 offender, including information on the risk factors in the 26.3 offender's history and the offender's risk level within five 26.4 days of the risk level assignment or reassignment. 26.5 Subd. 6. [ADMINISTRATIVE REVIEW.] (a) An offender assigned 26.6 or reassigned to risk level II or III under subdivision 3, 26.7 paragraph (e) or (h), has the right to seek administrative 26.8 review of an end-of-confinement review committee's risk 26.9 assessment determination. The offender must exercise this right 26.10 within 14 days of receiving notice of the committee's decision 26.11 by notifying the chair of the committee. Upon receiving the 26.12 request for administrative review, the chair shall notify: (1) 26.13 the offender; (2) the victim or victims of the offender's 26.14 offense who have requested disclosure or their designee; (3) the 26.15 law enforcement agency that investigated the offender's crime of 26.16 conviction or, where relevant, the law enforcement agency having 26.17 primary jurisdiction where the offender was committed; (4) the 26.18 law enforcement agency having jurisdiction where the offender 26.19 expects to reside, providing that the release plan has been 26.20 approved by the hearings and release unit of the department of 26.21 corrections; and (5) any other individuals the chair may 26.22 select. The notice shall state the time and place of the 26.23 hearing. A request for a review hearing shall not interfere 26.24 with or delay the notification process under subdivision 4 or 5, 26.25 unless the administrative law judge orders otherwise for good 26.26 cause shown. 26.27 (b) An offender who requests a review hearing must be given 26.28 a reasonable opportunity to prepare for the hearing. The review 26.29 hearing shall be conducted on the record before an 26.30 administrative law judge. The review hearing shall be conducted 26.31 at the correctional facility in which the offender is currently 26.32 confined. If the offender no longer is incarcerated, the 26.33 administrative law judge shall determine the place where the 26.34 review hearing will be conducted. The offender has the burden 26.35 of proof to show, by a preponderance of the evidence, that the 26.36 end-of-confinement review committee's risk assessment 27.1 determination was erroneous. The attorney general or a designee 27.2 shall defend the end-of-confinement review committee's 27.3 determination. The offender has the right to be present and be 27.4 represented by counsel at the hearing, to present evidence in 27.5 support of the offender's position, to call supporting witnesses 27.6 and to cross-examine witnesses testifying in support of the 27.7 committee's determination. Counsel for indigent offenders shall 27.8 be provided by the Legal Advocacy Project of the state public 27.9 defender's office. 27.10 (c) After the hearing is concluded, the administrative law 27.11 judge shall decide whether the end-of-confinement review 27.12 committee's risk assessment determination was erroneous and, 27.13 based on this decision, shall either uphold or modify the review 27.14 committee's determination. The judge's decision shall be in 27.15 writing and shall include the judge's reasons for the decision. 27.16 The judge's decision shall be final and a copy of it shall be 27.17 given to the offender, the victim, the law enforcement agency, 27.18 and the chair of the end-of-confinement review committee. 27.19 (d) The review hearing is subject to the contested case 27.20 provisions of chapter 14. 27.21 (e) The administrative law judge may seal any portion of 27.22 the record of the administrative review hearing to the extent 27.23 necessary to protect the identity of a victim of or witness to 27.24 the offender's offense. 27.25 Subd. 7. [IMMUNITY FROM LIABILITY.] (a) A state or local 27.26 agency or official, or a private organization or individual 27.27 authorized to act on behalf of a state or local agency or 27.28 official, is not civilly orcriminally liable for disclosing or 27.29 failing to disclose information as permitted by this section. 27.30 (b) A state or local agency or official, or a private 27.31 organization or individual authorized to act on behalf of a 27.32 state or local agency or official, is not civilly liable for 27.33 failing to disclose information under this section. 27.34 (c) A state or local agency or official, or a private 27.35 organization or individual authorized to act on behalf of a 27.36 state or local agency or official, is not civilly liable for 28.1 disclosing information as permitted by this section. However, 28.2 this paragraph applies only to disclosure of information that is 28.3 consistent with the offender's conviction history. It does not 28.4 apply to disclosure of information relating to conduct for which 28.5 the offender was not convicted. 28.6 Subd. 8. [LIMITATION ON SCOPE.] Nothing in this section 28.7 imposes a duty upon a person licensed under chapter 82, or an 28.8 employee of the person, to disclose information regarding an 28.9 offender who is required to register under section 243.166, or 28.10 about whom notification is made under this section. 28.11 Sec. 13. Minnesota Statutes 1998, section 244.10, 28.12 subdivision 2a, is amended to read: 28.13 Subd. 2a. [NOTICE OF INFORMATION REGARDING SEXPREDATORY 28.14 OFFENDERS.] (a) Subject to paragraph (b), in any case in which a 28.15 person is convicted of an offense which requires registration28.16 under section 243.166, subdivision 1,and the presumptive 28.17 sentence under the sentencing guidelines is commitment to the 28.18 custody of the commissioner of corrections, if the court grants 28.19 a dispositional departure and stays imposition or execution of 28.20 sentence, the probation or court services officer who is 28.21 assigned to supervise the offender shall provide in writing to 28.22 the following the fact that the offender is on probation and the 28.23 terms and conditions of probation: 28.24 (1) a victim of and any witnesses to the offense committed 28.25 by the offender, if the victim or the witness has requested 28.26 notice; and 28.27 (2) the chief law enforcement officer in the area where the 28.28 offender resides or intends to reside. 28.29 The law enforcement officer, in consultation with the 28.30 offender's probation officer, may provide all or part of this 28.31 information to any of the following agencies or groups the 28.32 offender is likely to encounter: public and private educational 28.33 institutions, day care establishments, and establishments or 28.34 organizations that primarily serve individuals likely to be 28.35 victimized by the offender. 28.36 The probation officer is not required under this 29.1 subdivision to provide any notice while the offender is placed 29.2 or resides in a residential facility that is licensed under 29.3 section 245A.02, subdivision 14, or 241.021, if the facility 29.4 staff is trained in the supervision of sex offenders. 29.5 (b) Paragraph (a) applies only to offenders required to 29.6 register under section 243.166, as a result of the conviction. 29.7 (c) The notice authorized by paragraph (a) shall be limited 29.8 to data classified as public under section 13.84, subdivision 6, 29.9 unless the offender provides informed consent to authorize the 29.10 release of nonpublic data or unless a court order authorizes the 29.11 release of nonpublic data. 29.12 (c)(d) Nothing in this subdivision shall be interpreted to 29.13 impose a duty on any person to use any information regarding an 29.14 offender about whom notification is made under this subdivision. 29.15 Sec. 14. [299C.093] [DATABASE OF REGISTERED PREDATORY 29.16 OFFENDERS.] 29.17 The superintendent of the bureau of criminal apprehension 29.18 shall maintain a computerized data system relating to 29.19 individuals required to register as predatory offenders under 29.20 section 243.166. To the degree feasible, the system must 29.21 include the information required to be provided under section 29.22 243.166, subdivisions 4 and 4a, and indicate the time period 29.23 that the person is required to register. The superintendent 29.24 shall maintain this information in a manner that ensures that it 29.25 is readily available to law enforcement agencies. This 29.26 information is private data on individuals under section 13.02, 29.27 subdivision 12, but may be used for law enforcement and 29.28 corrections purposes. 29.29 Sec. 15. [REPORT.] 29.30 By January 15, 2001, the superintendent of the bureau of 29.31 criminal apprehension shall report to the chairs of the senate 29.32 and house of representatives committees and divisions having 29.33 jurisdiction over criminal justice funding. The report must 29.34 specify how the money appropriated in this act was spent and how 29.35 the policy changes made in this act relating to the bureau were 29.36 implemented. 30.1 Sec. 16. [EFFECTIVE DATES.] 30.2 (a) Section 10 is effective the day following final 30.3 enactment. 30.4 (b) Section 6 is effective August 1, 2000, and applies to 30.5 crimes committed on or after that date. However, a conviction 30.6 or adjudication for violating Minnesota Statutes, section 30.7 243.166, occurring before August 1, 2000, shall be considered a 30.8 prior conviction or adjudication under Minnesota Statutes, 30.9 section 243.166, subdivision 5, paragraph (c). 30.10 (c) The provisions of section 7 that pertain to lifetime 30.11 registration are effective August 1, 2000, and apply to persons 30.12 who commit offenses requiring lifetime registration on or after 30.13 that date. 30.14 (d) Sections 2 and 9 and the provisions of sections 4 and 8 30.15 that pertain to making information available to the public 30.16 through electronic, computerized, or other accessible means are 30.17 effective August 1, 2000, and apply to offenders who are out of 30.18 compliance with Minnesota Statutes, section 243.166, on or after 30.19 that date. 30.20 (e) The provisions of section 12 that pertain to posting 30.21 information on the Internet are effective August 1, 2000, and 30.22 apply to offenders classified at risk level III and subject to 30.23 community notification under Minnesota Statutes, section 30.24 244.052, on or after that date. 30.25 (f) Section 13 and the remaining provisions of section 12 30.26 are effective August 1, 2000, and apply to persons released from 30.27 confinement or sentenced on or after that date. 30.28 (g) Sections 14 and 15 and the remaining provisions of 30.29 section 8 are effective August 1, 2000. 30.30 (h) Sections 1, 3, and 5, and the remaining provisions of 30.31 sections 4 and 7 are effective August 1, 2000, and apply to 30.32 persons released from confinement, sentenced, subject to 30.33 registration, or who commit offenses on or after that date. 30.34 ARTICLE 3 30.35 NAME CHANGE PROVISIONS 30.36 Section 1. Minnesota Statutes 1998, section 259.11, is 31.1 amended to read: 31.2 259.11 [ORDER; FILING COPIES.] 31.3 (a) Upon meeting the requirements of section 259.10, the 31.4 court shall grant the application unless: (1) it finds that 31.5 there is an intent to defraud or mislead; (2) section 259.13 31.6 prohibits granting the name change; or (3) in the case of the 31.7 change of a minor child's name, the court finds that such name 31.8 change is not in the best interests of the child. The court 31.9 shall set forth in the order the name and age of the applicant's 31.10 spouse and each child of the applicant, if any, and shall state 31.11 a description of the lands, if any, in which the applicant and 31.12 the spouse and children, if any, claim to have an interest. The 31.13 court administrator shall file such order, and record the same 31.14 in the judgment book. If lands be described therein, a 31.15 certified copy of the order shall be filed for record, by the 31.16 applicant, with the county recorder of each county wherein any 31.17 of the same are situated. Before doing so the court 31.18 administrator shall present the same to the county auditor who 31.19 shall enter the change of name in the auditor's official records 31.20 and note upon the instrument, over an official signature, the 31.21 words "change of name recorded." Any such order shall not be 31.22 filed, nor any certified copy thereof be issued, until the 31.23 applicant shall have paid to the county recorder and court 31.24 administrator the fee required by law. No application shall be 31.25 denied on the basis of the marital status of the applicant. 31.26 (b) When a person applies for a name change, the court 31.27 shall determine whether the person has been convicted of a 31.28 felony in this or any other state. If so, the court shall, 31.29 within ten days after the name change application is granted, 31.30 report the name change to the bureau of criminal apprehension. 31.31 The person whose name is changed shall also report the change to 31.32 the bureau of criminal apprehension within ten days. The court 31.33 granting the name change application must explain this reporting 31.34 duty in its order. Any person required to report the person's 31.35 name change to the bureau of criminal apprehension who fails to 31.36 report the name change as required under this paragraph is 32.1 guilty of a gross misdemeanor. 32.2 Sec. 2. [259.115] [CRIMINAL PENALTIES.] 32.3 A person who has a felony conviction under Minnesota law or 32.4 the law of another state or federal jurisdiction and who does 32.5 any of the following is guilty of a gross misdemeanor: 32.6 (1) upon marriage, uses a different surname from that used 32.7 before marriage without complying with section 259.13; 32.8 (2) upon marriage dissolution or legal separation, uses a 32.9 different surname from that used during marriage without 32.10 complying with section 259.13; or 32.11 (3) with the intent to defraud or mislead, or to cause 32.12 injury to or harass another, uses a different name without 32.13 complying with section 259.13. 32.14 Sec. 3. [259.13] [PERSONS WITH FELONY CONVICTION; NAME 32.15 CHANGES.] 32.16 Subdivision 1. [PROCEDURE FOR SEEKING NAME CHANGE.] (a) A 32.17 person with a felony conviction under Minnesota law or the law 32.18 of another state or federal jurisdiction shall serve a notice of 32.19 application for a name change on the prosecuting authority that 32.20 obtained the conviction against the person when seeking a name 32.21 change through one of the following procedures: 32.22 (1) an application for a name change under section 259.10; 32.23 (2) a request for a name change as part of an application 32.24 for a marriage license under section 517.08; or 32.25 (3) a request for a name change in conjunction with a 32.26 marriage dissolution under section 518.27. 32.27 If the conviction is from another state or federal jurisdiction, 32.28 notice of application must also be served on the attorney 32.29 general. 32.30 (b) A person who seeks a name change under section 259.10 32.31 or 518.27 shall file proof of service with the court as part of 32.32 the name change request. A person who seeks a name change under 32.33 section 517.08 shall file proof of service with the county as 32.34 part of the application for a marriage license. 32.35 (c) The name change request may not be granted during the 32.36 30-day period provided for in subdivision 2 or, if an objection 33.1 is filed under subdivision 2, until satisfaction of the 33.2 requirements in subdivision 3 or 4. Nothing in this section 33.3 shall delay the granting of a marriage license under section 33.4 517.08, which may be granted without the name change. 33.5 Subd. 2. [OBJECTION BY PROSECUTING AUTHORITY.] At any time 33.6 within 30 days from the date of service of the notice of 33.7 application for a name change under this section, the 33.8 prosecuting authority or the attorney general may file an 33.9 objection to the application for a name change. The objection 33.10 may be made on the basis that the request aims to defraud or 33.11 mislead, is not made in good faith, will cause injury to a 33.12 person, or will compromise public safety. If an objection to 33.13 the application for a name change is filed within this time 33.14 period, the court may not grant the name change request, and the 33.15 county may not allow the name change as part of a marriage 33.16 license. 33.17 Subd. 3. [MOTION TO GRANT NAME CHANGE REQUEST.] A person 33.18 who seeks a name change may contest the prosecuting authority's 33.19 or attorney general's objection by filing a motion with the 33.20 court for an order permitting the requested name change. Except 33.21 as provided in subdivision 4, no name change shall be granted 33.22 unless the person requesting it proves by clear and convincing 33.23 evidence that the request is not based upon an intent to defraud 33.24 or mislead, is made in good faith, will not cause injury to a 33.25 person, and will not compromise public safety. 33.26 Subd. 4. [CONSTITUTIONAL RIGHT TO NAME CHANGE.] The court 33.27 shall grant a name change if failure to allow it would infringe 33.28 on a constitutional right of the person. 33.29 Subd. 5. [COSTS.] A person seeking a name change under 33.30 this section may proceed in forma pauperis only when the failure 33.31 to allow the name change would infringe upon a constitutional 33.32 right. 33.33 Subd. 6. [CRIMINAL PENALTY.] A person who knowingly 33.34 violates this section is guilty of a gross misdemeanor. 33.35 Sec. 4. Minnesota Statutes 1998, section 517.08, 33.36 subdivision 1a, is amended to read: 34.1 Subd. 1a. Application for a marriage license shall be made 34.2 upon a form provided for the purpose and shall contain the 34.3 following information: 34.4 (1) the full names of the parties and the sex of each 34.5 party; 34.6 (2) their post office addresses and county and state of 34.7 residence; 34.8 (3) their full ages; 34.9 (4) if either party has previously been married, the 34.10 party's married name, and the date, place and court in which the 34.11 marriage was dissolved or annulled or the date and place of 34.12 death of the former spouse; 34.13 (5) if either party is a minor, the name and address of the 34.14 minor's parents or guardian; 34.15 (6) whether the parties are related to each other, and, if 34.16 so, their relationship; 34.17 (7) the name and date of birth of any child of which both 34.18 parties are parents, born before the making of the application, 34.19 unless their parental rights and the parent and child 34.20 relationship with respect to the child have been terminated; 34.21 (8) address of the bride and groom after the marriage to 34.22 which the court administrator shall send a certified copy of the 34.23 marriage certificate; and34.24 (9) the full names the parties will have after marriage and 34.25 the parties' social security numbers. The social security 34.26 numbers must be collected for the application but must not 34.27 appear on the marriage license; 34.28 (10) if one or both of the parties to the marriage license 34.29 has a felony conviction under Minnesota law or the law of 34.30 another state or federal jurisdiction, the parties shall provide 34.31 to the county proof of service upon the prosecuting authority 34.32 and, if applicable, the attorney general, as required by section 34.33 259.13; and 34.34 (11) notice that a party who has a felony conviction under 34.35 Minnesota law or the law of another state or federal 34.36 jurisdiction may not use a different surname after marriage 35.1 except as authorized by section 259.13, and that doing so is a 35.2 gross misdemeanor. 35.3 Sec. 5. Minnesota Statutes 1998, section 517.08, 35.4 subdivision 1b, is amended to read: 35.5 Subd. 1b. [TERM OF LICENSE; FEE.] (a) The court 35.6 administrator shall examine upon oath the party applying for a 35.7 license relative to the legality of the contemplated marriage. 35.8 If at the expiration of a five-day period, on being satisfied 35.9 that there is no legal impediment to it, including the 35.10 restriction contained in section 259.13, the court administrator 35.11 shall issue the license, containing the full names of the 35.12 parties before and after marriage, and county and state of 35.13 residence, with the district court seal attached, and make a 35.14 record of the date of issuance. The license shall be valid for 35.15 a period of six months. In case of emergency or extraordinary 35.16 circumstances, a judge of the district court of the county in 35.17 which the application is made, may authorize the license to be 35.18 issued at any time before the expiration of the five days. The 35.19 court administrator shall collect from the applicant a fee of 35.20 $70 for administering the oath, issuing, recording, and filing 35.21 all papers required, and preparing and transmitting to the state 35.22 registrar of vital statistics the reports of marriage required 35.23 by this section. If the license should not be used within the 35.24 period of six months due to illness or other extenuating 35.25 circumstances, it may be surrendered to the court administrator 35.26 for cancellation, and in that case a new license shall issue 35.27 upon request of the parties of the original license without 35.28 fee. A court administrator who knowingly issues or signs a 35.29 marriage license in any manner other than as provided in this 35.30 section shall pay to the parties aggrieved an amount not to 35.31 exceed $1,000. 35.32 (b) If section 259.13 applies to the request for a marriage 35.33 license, the court administrator shall grant the marriage 35.34 license without the requested name change. Alternatively, the 35.35 court administrator may delay the granting of the marriage 35.36 license until the party with the conviction: 36.1 (1) certifies under oath that 30 days have passed since 36.2 service of the notice for a name change upon the prosecuting 36.3 authority and, if applicable, the attorney general and no 36.4 objection has been filed under section 259.13; or 36.5 (2) provides a certified copy of the court order granting 36.6 it. The parties seeking the marriage license shall have the 36.7 right to choose to have the license granted without the name 36.8 change or to delay its granting pending further action on the 36.9 name change request. 36.10 Sec. 6. Minnesota Statutes 1998, section 518.27, is 36.11 amended to read: 36.12 518.27 [NAME OF PARTY.] 36.13 Except as provided in section 259.13, in the final decree 36.14 of dissolution or legal separation the court shall, if requested 36.15 by a party, change the name of that party to another name as the 36.16 party requests. The court shall grant a request unless it finds 36.17 that there is an intent to defraud or mislead, unless the name 36.18 change is subject to section 259.13, in which case the 36.19 requirements of that section apply. The court shall notify the 36.20 parties that use of a different surname after dissolution or 36.21 legal separation without complying with section 259.13, if 36.22 applicable, is a gross misdemeanor. The party's new name shall 36.23 be so designated in the final decree. 36.24 Sec. 7. [EFFECTIVE DATE.] 36.25 Sections 1 to 6 are effective August 1, 2000, and apply to 36.26 proceedings for a name change commenced and crimes committed on 36.27 or after that date. 36.28 ARTICLE 4 36.29 CRIMINAL AND EXPUNGEMENT PROVISIONS 36.30 Section 1. Minnesota Statutes 1998, section 609.035, is 36.31 amended by adding a subdivision to read: 36.32 Subd. 6. [EXCEPTION; CRIMINAL SEXUAL CONDUCT 36.33 OFFENSES.] Notwithstanding subdivision 1, a prosecution or 36.34 conviction for committing a violation of sections 609.342 to 36.35 609.345 with force or violence is not a bar to conviction of or 36.36 punishment for any other crime committed by the defendant as 37.1 part of the same conduct. If an offender is punished for more 37.2 than one crime as authorized by this subdivision and the court 37.3 imposes consecutive sentences for the crimes, the consecutive 37.4 sentences are not a departure from the sentencing guidelines. 37.5 Sec. 2. Minnesota Statutes 1998, section 609.342, 37.6 subdivision 2, is amended to read: 37.7 Subd. 2. [PENALTY.] (a) Except as otherwise provided in 37.8 section 609.109, a person convicted under subdivision 1 may be 37.9 sentenced to imprisonment for not more than 30 years or to a 37.10 payment of a fine of not more than $40,000, or both. 37.11 (b) Unless a longer mandatory minimum sentence is otherwise 37.12 required by law or the sentencing guidelines provide for a 37.13 longer presumptive executed sentence, the court shall presume 37.14 that an executed sentence of 144 months must be imposed on an 37.15 offender convicted of violating this section. Sentencing a 37.16 person in a manner other than that described in this paragraph 37.17 is a departure from the sentencing guidelines. 37.18 Sec. 3. Minnesota Statutes 1998, section 609.352, 37.19 subdivision 1, is amended to read: 37.20 Subdivision 1. [DEFINITIONS.] As used in this section: 37.21 (a) "child" means a person under the age of15 years of age 37.22 or younger; 37.23 (b) "sexual conduct" means sexual contact of the 37.24 individual's primary genital area, sexual penetration as defined 37.25 in section 609.341, or sexual performance as defined in section 37.26 617.246; and 37.27 (c) "solicit" means commanding, entreating, or attempting 37.28 to persuade a specific person in person, by telephone, by 37.29 letter, or by computerized or other electronic means. 37.30 Sec. 4. Minnesota Statutes 1998, section 609.352, 37.31 subdivision 2, is amended to read: 37.32 Subd. 2. [PROHIBITED ACT.] A person 18 years of age or 37.33 older who solicits a child or someone the person reasonably 37.34 believes is a child to engage in sexual conduct with intent to 37.35 engage in sexual conduct is guilty of a felony and may be 37.36 sentenced to imprisonment for not more than three years, or to 38.1 payment of a fine of not more than $5,000, or both. 38.2 Sec. 5. [609.353] [JURISDICTION.] 38.3 A violation or attempted violation of section 609.342, 38.4 609.343, 609.344, 609.345, 609.3451, or 609.352 may be 38.5 prosecuted in any jurisdiction in which the violation originates 38.6 or terminates. 38.7 Sec. 6. Minnesota Statutes 1998, section 609.749, 38.8 subdivision 2, is amended to read: 38.9 Subd. 2. [HARASSMENT AND STALKING CRIMES.] (a) A person 38.10 who harasses another by committing any of the following acts is 38.11 guilty of a gross misdemeanor: 38.12 (1) directly or indirectly manifests a purpose or intent to 38.13 injure the person, property, or rights of another by the 38.14 commission of an unlawful act; 38.15 (2) stalks, follows, or pursues another; 38.16 (3) returns to the property of another if the actor is 38.17 without claim of right to the property or consent of one with 38.18 authority to consent; 38.19 (4) repeatedly makes telephone calls, or induces a victim 38.20 to make telephone calls to the actor, whether or not 38.21 conversation ensues; 38.22 (5) makes or causes the telephone of another repeatedly or 38.23 continuously to ring; 38.24 (6) repeatedly mails or delivers or causes the delivery by 38.25 any means, including electronically, of letters, telegrams, 38.26 messages, packages, or other objects; or 38.27 (7) knowingly makes false allegations against a peace 38.28 officer concerning the officer's performance of official duties 38.29 with intent to influence or tamper with the officer's 38.30 performance of official duties. 38.31 (b) The conduct described in paragraph (a), clauses (4) and 38.32 (5), may be prosecuted at the place where any call is either 38.33 made or received. The conduct described in paragraph (a), 38.34 clause (6), may be prosecuted where any letter, telegram, 38.35 message, package, or other object is either sent or received. 38.36 (c) A peace officer may not make a warrantless, custodial 39.1 arrest of any person for a violation of paragraph (a), clause 39.2 (7). 39.3 Sec. 7. Minnesota Statutes 1998, section 609.795, 39.4 subdivision 1, is amended to read: 39.5 Subdivision 1. [MISDEMEANORS.] Whoever does any of the 39.6 following is guilty of a misdemeanor: 39.7 (1) knowing that the actor does not have the consent of 39.8 either the sender or the addressee, intentionally opens any 39.9 sealed letter, telegram, or package addressed to another; or 39.10 (2) knowing that a sealed letter, telegram, or package has 39.11 been opened without the consent of either the sender or 39.12 addressee, intentionally publishes any of the contents thereof; 39.13 or 39.14 (3) with the intent to abuse, disturb, or cause distress, 39.15 repeatedly uses themails or delivers or causes the delivery by 39.16 any means, including electronically, of letters, telegrams, or 39.17 packages. 39.18 Sec. 8. Minnesota Statutes 1998, section 609A.03, is 39.19 amended to read: 39.20 609A.03 [PETITION TO EXPUNGE CRIMINAL RECORDS.] 39.21 Subdivision 1. [PETITION; FILING FEE.] An individual who 39.22 is the subject of a criminal record who is seeking the 39.23 expungement of the record shall file a petition under this 39.24 section and pay a filing fee in the amount required under 39.25 section 357.021, subdivision 2, clause (1). The filing fee may 39.26 be waived in cases of indigency and shall be waived in the cases 39.27 described in section 609A.02, subdivision 3. 39.28 Subd. 2. [CONTENTS OF PETITION.] A petition for 39.29 expungement shall be signed under oath by the petitioner and 39.30 shall state the following: 39.31 (1) the petitioner's full name and all other legal names or 39.32 aliases by which the petitioner has been known at any time; 39.33 (2) the petitioner's date of birth; 39.34 (3) all of the petitioner's addresses from the date of the 39.35 offense or alleged offense in connection with which an 39.36 expungement order is sought, to the date of the petition; 40.1 (4) why expungement is sought, if it is for employment or 40.2 licensure purposes, the statutory or other legal authority under 40.3 which it is sought, and why it should be granted; 40.4 (5) the details of the offense or arrest for which 40.5 expungement is sought, including date and jurisdiction of the 40.6 occurrence, court file number, and date of conviction or of 40.7 dismissal; 40.8 (6) in the case of a conviction, what steps the petitioner 40.9 has taken since the time of the offense toward personal 40.10 rehabilitation, including treatment, work, or other personal 40.11 history that demonstrates rehabilitation; 40.12 (7) petitioner's criminal conviction record indicating all 40.13 convictions for misdemeanors, gross misdemeanors, or felonies in 40.14 this state, and for all comparable convictions in any other 40.15 state, federal court, or foreign country, whether the 40.16 convictions occurred before or after the arrest or conviction 40.17 for which expungement is sought; 40.18 (8) petitioner's criminal charges record indicating all 40.19 prior and pending criminal charges against the petitioner in 40.20 this state or another jurisdiction, including all criminal 40.21 charges that have been continued for dismissal or stayed for 40.22 adjudication, or have been the subject of pretrial diversion; 40.23 and 40.24 (9) all prior requests by the petitioner, whether for the 40.25 present offense or for any other offenses, in this state or any 40.26 other state or federal court, for pardon, return of arrest 40.27 records, or expungement or sealing of a criminal record, whether 40.28 granted or not, and all stays of adjudication or imposition of 40.29 sentence involving the petitioner. 40.30 Subd. 3. [SERVICE OF PETITION AND PROPOSED ORDER.] The 40.31 petition for expungement and a proposed expungement order shall 40.32 be served by mail on the state and local government agencies and 40.33 jurisdictions whose records would be affected by the proposed 40.34 order. Service shall also be made by mail on the attorney for 40.35 each agency and jurisdiction. 40.36 Subd. 4. [HEARING.] A hearing on the petition shall be 41.1 held no sooner than 60 days after service of the petition. 41.2 Subd. 5. [NATURE OF REMEDY; STANDARD; FIREARMS 41.3 RESTRICTION.] (a) Except as otherwise provided by paragraph (b), 41.4 expungement of a criminal record is an extraordinary remedy to 41.5 be granted only upon clear and convincing evidence that it would 41.6 yield a benefit to the petitioner commensurate with the 41.7 disadvantages to the public and public safety of: 41.8 (1) sealing the record; and 41.9 (2) burdening the court and public authorities to issue, 41.10 enforce, and monitor an expungement order. 41.11 (b) Except as otherwise provided by this paragraph, if the 41.12 petitioner is petitioning for the sealing of a criminal record 41.13 under section 609A.02, subdivision 3, the court shall grant the 41.14 petition to seal the record unless the agency or jurisdiction 41.15 whose records would be affected establishes by clear and 41.16 convincing evidence that the interests of the public and public 41.17 safety outweigh the disadvantages to the petitioner of not 41.18 sealing the record. If a petitioner was found not guilty by 41.19 reason of mental illness, the court shall grant the petition to 41.20 seal the record unless the agency or jurisdiction whose records 41.21 would be affected establishes by a preponderance of the evidence 41.22 that the interests of the public and public safety outweigh the 41.23 disadvantages to the petitioner of not sealing the record. 41.24 (c) If the court issues an expungement order it may require 41.25 that the criminal record shallbe sealed, the existence of the 41.26 record shallnot be revealed, and the record shouldnot be 41.27 opened except as required under subdivision 7. Records shall41.28 must not be destroyed or returned to the subject of the record. 41.29 (d) An order expunging the record of a conviction for a41.30 crime of violence as defined in section 624.712, subdivision 5,41.31 must provide that the person is not entitled to ship, transport,41.32 possess, or receive a firearm until ten years have elapsed since41.33 the order was entered and during that time the person was not41.34 convicted of any other crime of violence. Any person whose41.35 record of conviction is expunged under this section and who41.36 thereafter receives a relief of disability under United States42.1 Code, title 18, section 925, is not subject to the restriction42.2 in this paragraph.42.3 Subd. 5a. [ORDER CONCERNING CRIMES OF VIOLENCE.] An order 42.4 expunging the record of a conviction for a crime of violence as 42.5 defined in section 624.712, subdivision 5, must provide that the 42.6 person is not entitled to ship, transport, possess, or receive a 42.7 firearm until ten years have elapsed since the order was entered 42.8 and during that time the person was not convicted of any other 42.9 crime of violence. Any person whose record of conviction is 42.10 expunged under this section and who thereafter receives a relief 42.11 of disability under United States Code, title 18, section 925, 42.12 is not subject to the restriction in this subdivision. 42.13 Subd. 6. [ORDER CONCERNING CONTROLLED SUBSTANCE OFFENSES.] 42.14 If the court orders the sealing of the record of proceedings 42.15 under section 152.18, the effect of the order shall be to 42.16 restore the person, in the contemplation of the law, to the 42.17 status the person occupied before the arrest, indictment, or 42.18 information. The person shall not be held guilty of perjury or 42.19 otherwise of giving a false statement if the person fails to 42.20 acknowledge the arrest, indictment, information, or trial in 42.21 response to any inquiry made for any purpose. 42.22 Subd. 7. [LIMITATIONS OF ORDER.] (a) Upon issuance of an 42.23 expungement order related to a charge supported by probable 42.24 cause, the DNA samples and DNA records held by the bureau of 42.25 criminal apprehension shall not be sealed, returned to the 42.26 subject of the record, or destroyed. 42.27 (b) Notwithstanding the issuance of an expungement order: 42.28 (1) an expunged record may be opened for purposes of a 42.29 criminal investigation, prosecution, or sentencing, upon an ex 42.30 parte court order; and 42.31 (2) an expunged record of a conviction may be opened for 42.32 purposes of evaluating a prospective employee in a criminal 42.33 justice agency without a court order. 42.34 Upon request by law enforcement, prosecution, or 42.35 corrections authorities, an agency or jurisdiction subject to an 42.36 expungement order shall inform the requester of the existence of 43.1 a sealed record and of the right to obtain access to it as 43.2 provided by this paragraph. For purposes of this section, a 43.3 "criminal justice agency" means courts or a government agency 43.4 that performs the administration of criminal justice under 43.5 statutory authority. 43.6 Subd. 8. [ STAY OF ORDER; APPEALDISTRIBUTION OF 43.7 EXPUNGEMENT ORDERS.] An expungement order shall be automatically43.8 stayed for 60 days after filing of the order and, if the order43.9 is appealed, during the appeal period. A person or an agency or43.10 jurisdiction whose records would be affected by the order may43.11 appeal the order within 60 days of service of notice of filing43.12 of the order. An agency or jurisdiction or officials or43.13 employees thereof need not file a cost bond or supersedeas bond43.14 in order to further stay the proceedings or file an appeal.The 43.15 court administrator shall send a copy of an expungement order to 43.16 each agency and jurisdiction whose records are affected by the 43.17 terms of the order. 43.18 Subd. 9. [ DISTRIBUTION OF EXPUNGEMENT ORDERSSTAY OF 43.19 ORDER; APPEAL.] If an expungement order is issued, the court43.20 administrator shall send a copy of it to each agency and43.21 jurisdiction whose records are affected by the terms of the43.22 order.An expungement order shall be stayed automatically for 60 43.23 days after the order is filed and, if the order is appealed, 43.24 during the appeal period. A person or an agency or jurisdiction 43.25 whose records would be affected by the order may appeal the 43.26 order within 60 days of service of notice of filing of the order. 43.27 An agency or jurisdiction or its officials or employees need not 43.28 file a cost bond or supersedeas bond in order to further stay 43.29 the proceedings or file an appeal. 43.30 Sec. 9. Minnesota Statutes 1998, section 628.26, is 43.31 amended to read: 43.32 628.26 [LIMITATIONS.] 43.33 (a) Indictments or complaints for murderany crime 43.34 resulting in the death of the victim may be found or made at any 43.35 time after the death of the person killed. 43.36 (b) Indictments or complaints for a violation of section 44.1 609.25 may be found or made at any time after the commission of 44.2 the offense. 44.3 (b)(c) Indictments or complaints for violation of section 44.4 609.42, subdivision 1, clause (1) or (2), shall be found or made 44.5 and filed in the proper court within six years after the 44.6 commission of the offense. 44.7 (c)(d) Indictments or complaints for violation of sections 44.8 609.342 to 609.345 if the victim was under the age of 18 years 44.9 at the time the offense was committed, shall be found or made 44.10 and filed in the proper court within nine years after the 44.11 commission of the offense or, if the victim failed to report the 44.12 offense within this limitation period, within three years after 44.13 the offense was reported to law enforcement authorities. 44.14 (d)(e) Notwithstanding the limitations in paragraph (c), 44.15 indictments or complaints for violation of sections 609.342 to 44.16 609.344 if the victim was 18 years old or older at the time the44.17 offense was committed, shallmay be found or made and filed in 44.18 the proper court at any time after commission of the offense, if 44.19 physical evidence is collected and preserved that is capable of 44.20 being tested for its DNA characteristics. If this evidence is 44.21 not collected and preserved and the victim was 18 years old or 44.22 older at the time of the offense, the prosecution must be 44.23 commenced within nine years after the commission of the offense. 44.24 (e)(f) Indictments or complaints for violation of sections 44.25 609.466 and 609.52, subdivision 2, clause (3) (c), item (iii), 44.26 shall be found or made and filed in the proper court within six 44.27 years after the commission of the offense. 44.28 (f)(g) Indictments or complaints for violation of section 44.29 609.52, subdivision 2, clause (3), items (a) and (b)(i) and 44.30 (ii), (4), (15), or (16), 609.631, or 609.821, where the value 44.31 of the property or services stolen is more than $35,000, shall 44.32 be found or made and filed in the proper court within five years 44.33 after the commission of the offense. 44.34 (g)(h) Except for violations relating to false material 44.35 statements, representations or omissions, indictments or 44.36 complaints for violations of section 609.671 shall be found or 45.1 made and filed in the proper court within five years after the 45.2 commission of the offense. 45.3 (h)(i) Indictments or complaints for violation of sections 45.4 609.561 to 609.563, shall be found or made and filed in the 45.5 proper court within five years after the commission of the 45.6 offense. 45.7 (i)(j) In all other cases, indictments or complaints shall 45.8 be found or made and filed in the proper court within three 45.9 years after the commission of the offense. 45.10 (j)(k) The limitations periods contained in this section 45.11 shall exclude any period of time during which the defendant was 45.12 not an inhabitant of or usually resident within this state. 45.13 (k)(l) The limitations periods contained in this section 45.14 for an offense shall not include any period during which the 45.15 alleged offender participated under a written agreement in a 45.16 pretrial diversion program relating to that offense. 45.17 (1)(m) The limitations periods contained in this section 45.18 shall not include any period of time during which physical 45.19 evidence relating to the offense was undergoing DNA analysis, as 45.20 defined in section 299C.155, unless the defendant demonstrates 45.21 that the prosecuting or law enforcement agency purposefully 45.22 delayed the DNA analysis process in order to gain an unfair 45.23 advantage. 45.24 Sec. 10. [EFFECTIVE DATES.] 45.25 Sections 1 to 5, 7, and 8 are effective August 1, 2000, and 45.26 apply to crimes committed and expungement petitions filed on or 45.27 after that date. Section 6 is effective the day following final 45.28 enactment and applies to crimes committed on or after that 45.29 date. Section 9 is effective August 1, 2000, and applies to 45.30 crimes committed on or after that date and to crimes committed 45.31 before that date if the limitation period for the crime did not 45.32 expire before August 1, 2000. 45.33 ARTICLE 5 45.34 CRIMINAL JUSTICE INFORMATION 45.35 TECHNOLOGY AND INTEGRATION PROVISIONS 45.36 Section 1. Minnesota Statutes 1998, section 299C.65, 46.1 subdivision 1, is amended to read: 46.2 Subdivision 1. [MEMBERSHIP, DUTIES.] (a) The criminal and 46.3 juvenile justice information policy group consists of the chair46.4 of the sentencing guidelines commission, thecommissioner of 46.5 corrections, the commissioner of public safety, the commissioner 46.6 of administration, the commissioner of finance, and the state46.7 court administratorfour members of the judicial branch 46.8 appointed by the chief justice of the supreme court. 46.9 (b) The policy group shall study and make recommendations 46.10 to the governor, the supreme court, and the legislature on: 46.11 (1) a framework for integrated criminal justice information 46.12 systems, including the development and maintenance of a 46.13 community data model for state, county, and local criminal 46.14 justice information; 46.15 (2) the responsibilities of each entity within the criminal 46.16 and juvenile justice systems concerning the collection, 46.17 maintenance, dissemination, and sharing of criminal justice 46.18 information with one another; 46.19 (3) actions necessary to ensure that information maintained 46.20 in the criminal justice information systems is accurate and 46.21 up-to-date; 46.22 (4) the development of an information system containing 46.23 criminal justice information on gross misdemeanor-level and 46.24 felony-level juvenile offenders that is part of the integrated 46.25 criminal justice information system framework; 46.26 (5) the development of an information system containing 46.27 criminal justice information on misdemeanor arrests, 46.28 prosecutions, and convictions that is part of the integrated 46.29 criminal justice information system framework; 46.30 (6) comprehensive training programs and requirements for 46.31 all individuals in criminal justice agencies to ensure the 46.32 quality and accuracy of information in those systems; 46.33 (7) continuing education requirements for individuals in 46.34 criminal justice agencies who are responsible for the 46.35 collection, maintenance, dissemination, and sharing of criminal 46.36 justice data; 47.1 (8) a periodic audit process to ensure the quality and 47.2 accuracy of information contained in the criminal justice 47.3 information systems; 47.4 (9) the equipment, training, and funding needs of the state 47.5 and local agencies that participate in the criminal justice 47.6 information systems; 47.7 (10) the impact of integrated criminal justice information 47.8 systems on individual privacy rights; 47.9 (11) the impact of proposed legislation on the criminal 47.10 justice system, including any fiscal impact, need for training, 47.11 changes in information systems, and changes in processes; 47.12 (12) the collection of data on race and ethnicity in 47.13 criminal justice information systems; 47.14 (13) the development of a tracking system for domestic 47.15 abuse orders for protection; 47.16 (14) processes for expungement, correction of inaccurate 47.17 records, destruction of records, and other matters relating to 47.18 the privacy interests of individuals; and 47.19 (15) the development of a database for extended 47.20 jurisdiction juvenile records and whether the records should be 47.21 public or private and how long they should be retained. 47.22 Sec. 2. Minnesota Statutes 1999 Supplement, section 47.23 299C.65, subdivision 2, is amended to read: 47.24 Subd. 2. [REPORT, TASK FORCE.] The policy group shall file 47.25 an annual report with the governor, supreme court, and chairs 47.26 and ranking minority members of the senate and house committees 47.27 and divisions with jurisdiction over criminal justice funding 47.28 and policy by December 1 of each even-numberedyear. 47.29 The report must make recommendations concerning any 47.30 legislative changes or appropriations that are needed to ensure 47.31 that the criminal justice information systems operate accurately 47.32 and efficiently. To assist them in developing their 47.33 recommendations, the chair, the commissioners, and the47.34 administratorpolicy group shall appoint a task force consisting 47.35 of theits members of the criminal and juvenile justice47.36 information policy groupor their designees and the following 48.1 additional members: 48.2 (1) the director of the office of strategic and long-range 48.3 planning; 48.4 (2) two sheriffs recommended by the Minnesota sheriffs 48.5 association; 48.6 (3) two police chiefs recommended by the Minnesota chiefs 48.7 of police association; 48.8 (4) two county attorneys recommended by the Minnesota 48.9 county attorneys association; 48.10 (5) two city attorneys recommended by the Minnesota league 48.11 of cities; 48.12 (6) two public defenders appointed by the board of public 48.13 defense; 48.14 (7) two district judges appointed by the conference of 48.15 chief judges, one of whom is currently assigned to the juvenile 48.16 court; 48.17 (8) two community corrections administrators recommended by 48.18 the Minnesota association of counties, one of whom represents a 48.19 community corrections act county; 48.20 (9) two probation officers; 48.21 (10) four public members, one of whom has been a victim of 48.22 crime, and two who are representatives of the private business 48.23 community who have expertise in integrated information systems; 48.24 (11) two court administrators; 48.25 (12) one member of the house of representatives appointed 48.26 by the speaker of the house; 48.27 (13) one member of the senate appointed by the majority 48.28 leader; 48.29 (14) the attorney general or a designee; 48.30 (15) the commissioner of administration or a designee; 48.31 (16) an individual recommended by the Minnesota league of 48.32 cities; and 48.33 (17) an individual recommended by the Minnesota association 48.34 of counties. 48.35 In making these appointments, the appointing authority shall 48.36 select members with expertise in integrated data systems or best 49.1 practices. 49.2 Sec. 3. Minnesota Statutes 1999 Supplement, section 49.3 299C.65, subdivision 8, is amended to read: 49.4 Subd. 8. [LOCAL MATCH.] (a) The policy group may approve 49.5 grants only if the applicant provides an appropriate share of 49.6 matching funds as determined by the policy group to help pay up 49.7 to one-half of the costs of developing or implementing the 49.8 integration plan. The matching requirement must be a constant 49.9 for all counties. The policy group shall adopt policies 49.10 concerning the use of in-kind resources to satisfy a portion of49.11 the match requirement and the sources from which matching funds 49.12 may be obtained. Local operational or technology staffing costs 49.13 may be considered as meeting this match requirement. 49.14 (b) The policy group shall consult with the task force when 49.15 carrying out its powers and duties under paragraph (a). 49.16 (c) Each grant recipient shall certify to the policy group 49.17 that it has not reduced funds from local, county, federal, or 49.18 other sources which, in the absence of the grant, would have 49.19 been made available to the grant recipient to improve or 49.20 integrate criminal justice technology. 49.21 Sec. 4. Minnesota Statutes 1998, section 299C.65, is 49.22 amended by adding a subdivision to read: 49.23 Subd. 8a. [CRIMINAL JUSTICE TECHNOLOGY INFRASTRUCTURE 49.24 IMPROVEMENTS.] (a) Within 30 days of the submission of the 49.25 Hennepin county integration plan funded by a grant under Laws 49.26 1999, chapter 216, article 1, section 7, subdivision 6, or 49.27 September 1, 2000, whichever is earlier, the policy group shall: 49.28 (1) assess the needs of state, county, and municipal 49.29 government agencies for electronic fingerprint capture 49.30 technology, electronic photographic identification technology, 49.31 and additional bandwidth to transfer and access the data from 49.32 electronic fingerprint capture technology and electronic 49.33 photographic identification technology to the state's central 49.34 database; and 49.35 (2) choose locations and agencies to receive this 49.36 technology. 50.1 (b) Within the limits of available appropriations, the 50.2 commissioner of public safety shall purchase and distribute the 50.3 technology infrastructure improvements as directed by the policy 50.4 group. The commissioner shall begin the purchasing process 50.5 within 30 days of receiving notice of the policy group's 50.6 decisions. The commissioner shall distribute the improvements 50.7 as soon as practicable after beginning the purchasing process. 50.8 (c) If feasible, the policy group shall direct the 50.9 commissioner to distribute the technology infrastructure 50.10 improvements described in this subdivision in 100 locations. 50.11 However, no more than 30 percent of the improvements may be 50.12 distributed in one county. 50.13 Sec. 5. [REPORTS REQUIRED.] 50.14 Subdivision 1. [PUBLIC SAFETY.] By January 15, 2001, the 50.15 commissioner of public safety shall report to the chairs and 50.16 ranking minority members of the senate and house committees and 50.17 divisions having jurisdiction over criminal justice policy and 50.18 funding on the grants made and the technology infrastructure 50.19 improvements distributed under article 1, section 3, subdivision 50.20 1. The report must specify the amount spent on the improvements 50.21 or grants, how the improvements or grants were distributed, and 50.22 what the effects of the improvements or grants have been. 50.23 Subd. 2. [SUPREME COURT.] By January 15, 2001, the chief 50.24 justice of the supreme court is requested to report to the 50.25 chairs and ranking minority members of the senate and house 50.26 committees and divisions having jurisdiction over criminal 50.27 justice policy and funding on the redevelopment of the court 50.28 information system funded under article 1, section 5. The 50.29 report must specify how the appropriation was spent and what the 50.30 results have been. 50.31 Subd. 3. [SENTENCING GUIDELINES COMMISSION.] By January 50.32 15, 2001, the executive director of the sentencing guidelines 50.33 commission shall report to the chairs and ranking minority 50.34 members of the senate and house committees and divisions having 50.35 jurisdiction over criminal justice policy and funding on the 50.36 results of the pilot project funded under article 1, section 4. 51.1 Sec. 6. [PROPOSED EFFECTIVENESS MEASUREMENT STANDARDS AND 51.2 SANCTIONS; REPORT REQUIRED.] 51.3 (a) The criminal and juvenile justice information policy 51.4 group, in consultation with the task force described in 51.5 Minnesota Statutes, section 299C.65, subdivision 2, shall 51.6 develop recommended standards to measure the effectiveness of 51.7 the use of the technology infrastructure improvements described 51.8 in Minnesota Statutes, section 299C.65, subdivision 8a, and the 51.9 improvements made to the court information system funded by 51.10 state appropriations. The standards must be based on objective 51.11 factors that can indicate whether the improvements have actually 51.12 increased the effectiveness of the receiving agency's or court's 51.13 system, and if so to what degree. 51.14 (b) The policy group, in consultation with the task force, 51.15 shall also recommend appropriate sanctions for the court or an 51.16 agency that receives the technology improvements but does not 51.17 meet the recommended effectiveness standards. 51.18 (c) By January 15, 2001, the policy group shall report the 51.19 recommended standards and sanctions to the chairs and ranking 51.20 minority members of the senate and house committees and 51.21 divisions having jurisdiction over criminal justice funding. 51.22 Sec. 7. [EFFECTIVE DATE.] 51.23 Sections 1 to 6 are effective the day following final 51.24 enactment. 51.25 ARTICLE 6 51.26 DATA PRACTICES PROVISIONS 51.27 Section 1. Minnesota Statutes 1999 Supplement, section 51.28 13.46, subdivision 2, is amended to read: 51.29 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 51.30 a statute specifically provides a different classification, data 51.31 on individuals collected, maintained, used, or disseminated by 51.32 the welfare system is private data on individuals, and shall not 51.33 be disclosed except: 51.34 (1) according to section 13.05; 51.35 (2) according to court order; 51.36 (3) according to a statute specifically authorizing access 52.1 to the private data; 52.2 (4) to an agent of the welfare system, including a law 52.3 enforcement person, attorney, or investigator acting for it in 52.4 the investigation or prosecution of a criminal or civil 52.5 proceeding relating to the administration of a program; 52.6 (5) to personnel of the welfare system who require the data 52.7 to determine eligibility, amount of assistance, and the need to 52.8 provide services of additional programs to the individual; 52.9 (6) to administer federal funds or programs; 52.10 (7) between personnel of the welfare system working in the 52.11 same program; 52.12 (8) the amounts of cash public assistance and relief paid 52.13 to welfare recipients in this state, including their names, 52.14 social security numbers, income, addresses, and other data as 52.15 required, upon request by the department of revenue to 52.16 administer the property tax refund law, supplemental housing 52.17 allowance, early refund of refundable tax credits, and the 52.18 income tax. "Refundable tax credits" means the dependent care 52.19 credit under section 290.067, the Minnesota working family 52.20 credit under section 290.0671, the property tax refund under 52.21 section 290A.04, and, if the required federal waiver or waivers 52.22 are granted, the federal earned income tax credit under section 52.23 32 of the Internal Revenue Code; 52.24 (9) between the department of human services, the 52.25 department of children, families, and learning, and the 52.26 department of economic security for the purpose of monitoring 52.27 the eligibility of the data subject for reemployment 52.28 compensation, for any employment or training program 52.29 administered, supervised, or certified by that agency, for the 52.30 purpose of administering any rehabilitation program or child 52.31 care assistance program, whether alone or in conjunction with 52.32 the welfare system, or to monitor and evaluate the Minnesota 52.33 family investment program by exchanging data on recipients and 52.34 former recipients of food stamps, cash assistance under chapter 52.35 256, 256D, 256J, or 256K, child care assistance under chapter 52.36 119B, or medical programs under chapter 256B, 256D, or 256L; 53.1 (10) to appropriate parties in connection with an emergency 53.2 if knowledge of the information is necessary to protect the 53.3 health or safety of the individual or other individuals or 53.4 persons; 53.5 (11) data maintained by residential programs as defined in 53.6 section 245A.02 may be disclosed to the protection and advocacy 53.7 system established in this state according to Part C of Public 53.8 Law Number 98-527 to protect the legal and human rights of 53.9 persons with mental retardation or other related conditions who 53.10 live in residential facilities for these persons if the 53.11 protection and advocacy system receives a complaint by or on 53.12 behalf of that person and the person does not have a legal 53.13 guardian or the state or a designee of the state is the legal 53.14 guardian of the person; 53.15 (12) to the county medical examiner or the county coroner 53.16 for identifying or locating relatives or friends of a deceased 53.17 person; 53.18 (13) data on a child support obligor who makes payments to 53.19 the public agency may be disclosed to the higher education 53.20 services office to the extent necessary to determine eligibility 53.21 under section 136A.121, subdivision 2, clause (5); 53.22 (14) participant social security numbers and names 53.23 collected by the telephone assistance program may be disclosed 53.24 to the department of revenue to conduct an electronic data match 53.25 with the property tax refund database to determine eligibility 53.26 under section 237.70, subdivision 4a; 53.27 (15) the current address of a Minnesota family investment 53.28 program participant may be disclosed to law enforcement officers 53.29 who provide the name of the participant and notify the agency 53.30 that: 53.31 (i) the participant: 53.32 (A) is a fugitive felon fleeing to avoid prosecution, or 53.33 custody or confinement after conviction, for a crime or attempt 53.34 to commit a crime that is a felony under the laws of the 53.35 jurisdiction from which the individual is fleeing; or 53.36 (B) is violating a condition of probation or parole imposed 54.1 under state or federal law; 54.2 (ii) the location or apprehension of the felon is within 54.3 the law enforcement officer's official duties; and 54.4 (iii) the request is made in writing and in the proper 54.5 exercise of those duties; 54.6 (16) the current address of a recipient of general 54.7 assistance or general assistance medical care may be disclosed 54.8 to probation officers and corrections agents who are supervising 54.9 the recipient and to law enforcement officers who are 54.10 investigating the recipient in connection with a felony level 54.11 offense; 54.12 (17) information obtained from food stamp applicant or 54.13 recipient households may be disclosed to local, state, or 54.14 federal law enforcement officials, upon their written request, 54.15 for the purpose of investigating an alleged violation of the 54.16 Food Stamp Act, according to Code of Federal Regulations, title 54.17 7, section 272.1(c); 54.18 (18) the address, social security number, and, if 54.19 available, photograph of any member of a household receiving 54.20 food stamps shall be made available, on request, to a local, 54.21 state, or federal law enforcement officer if the officer 54.22 furnishes the agency with the name of the member and notifies 54.23 the agency that: 54.24 (i) the member: 54.25 (A) is fleeing to avoid prosecution, or custody or 54.26 confinement after conviction, for a crime or attempt to commit a 54.27 crime that is a felony in the jurisdiction the member is 54.28 fleeing; 54.29 (B) is violating a condition of probation or parole imposed 54.30 under state or federal law; or 54.31 (C) has information that is necessary for the officer to 54.32 conduct an official duty related to conduct described in subitem 54.33 (A) or (B); 54.34 (ii) locating or apprehending the member is within the 54.35 officer's official duties; and 54.36 (iii) the request is made in writing and in the proper 55.1 exercise of the officer's official duty; 55.2 (19) the current address of a recipient of Minnesota family 55.3 investment program, general assistance, general assistance 55.4 medical care, or food stamps may be disclosed to law enforcement 55.5 officers who, in writing, provide the name of the recipient and 55.6 notify the agency that the recipient is a person required to 55.7 register under section 243.166, but is not residing at the 55.8 address at which the recipient is registered under section 55.9 243.166; 55.10 (20) certain information regarding child support obligors 55.11 who are in arrears may be made public according to section 55.12 518.575; 55.13 (20)(21) data on child support payments made by a child 55.14 support obligor and data on the distribution of those payments 55.15 excluding identifying information on obligees may be disclosed 55.16 to all obligees to whom the obligor owes support, and data on 55.17 the enforcement actions undertaken by the public authority, the 55.18 status of those actions, and data on the income of the obligor 55.19 or obligee may be disclosed to the other party; 55.20 (21)(22) data in the work reporting system may be 55.21 disclosed under section 256.998, subdivision 7; 55.22 (22)(23) to the department of children, families, and 55.23 learning for the purpose of matching department of children, 55.24 families, and learning student data with public assistance data 55.25 to determine students eligible for free and reduced price meals, 55.26 meal supplements, and free milk according to United States Code, 55.27 title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 55.28 allocate federal and state funds that are distributed based on 55.29 income of the student's family; and to verify receipt of energy 55.30 assistance for the telephone assistance plan; 55.31 (23)(24) the current address and telephone number of 55.32 program recipients and emergency contacts may be released to the 55.33 commissioner of health or a local board of health as defined in 55.34 section 145A.02, subdivision 2, when the commissioner or local 55.35 board of health has reason to believe that a program recipient 55.36 is a disease case, carrier, suspect case, or at risk of illness, 56.1 and the data are necessary to locate the person; 56.2 (24)(25) to other state agencies, statewide systems, and 56.3 political subdivisions of this state, including the attorney 56.4 general, and agencies of other states, interstate information 56.5 networks, federal agencies, and other entities as required by 56.6 federal regulation or law for the administration of the child 56.7 support enforcement program; 56.8 (25)(26) to personnel of public assistance programs as 56.9 defined in section 256.741, for access to the child support 56.10 system database for the purpose of administration, including 56.11 monitoring and evaluation of those public assistance programs; 56.12 (26)(27) to monitor and evaluate the Minnesota family 56.13 investment program by exchanging data between the departments of 56.14 human services and children, families, and learning, on 56.15 recipients and former recipients of food stamps, cash assistance 56.16 under chapter 256, 256D, 256J, or 256K, child care assistance 56.17 under chapter 119B, or medical programs under chapter 256B, 56.18 256D, or 256L; or 56.19 (27)(28) to evaluate child support program performance and 56.20 to identify and prevent fraud in the child support program by 56.21 exchanging data between the department of human services, 56.22 department of revenue under section 270B.14, subdivision 1, 56.23 paragraphs (a) and (b), without regard to the limitation of use 56.24 in paragraph (c), department of health, department of economic 56.25 security, and other state agencies as is reasonably necessary to 56.26 perform these functions. 56.27 (b) Information on persons who have been treated for drug 56.28 or alcohol abuse may only be disclosed according to the 56.29 requirements of Code of Federal Regulations, title 42, sections 56.30 2.1 to 2.67. 56.31 (c) Data provided to law enforcement agencies under 56.32 paragraph (a), clause (15), (16), (17), or (18), or paragraph 56.33 (b), are investigative data and are confidential or protected 56.34 nonpublic while the investigation is active. The data are 56.35 private after the investigation becomes inactive under section 56.36 13.82, subdivision 5, paragraph (a) or (b). 57.1 (d) Mental health data shall be treated as provided in 57.2 subdivisions 7, 8, and 9, but is not subject to the access 57.3 provisions of subdivision 10, paragraph (b). 57.4 For the purposes of this subdivision, a request will be 57.5 deemed to be made in writing if made through a computer 57.6 interface system. 57.7 Sec. 2. Minnesota Statutes 1998, section 13.54, 57.8 subdivision 6, is amended to read: 57.9 Subd. 6. [LAW ENFORCEMENT ACCESS TO CERTAIN DATA.] A 57.10 public housing agency that enters a contract for assistance 57.11 under United States Code, title 42, sections 1437 to 1440, shall 57.12 furnish a local, state, or federal law enforcement officer, upon 57.13 the officer's request, with the current address, social security 57.14 number, and photograph, if available, of a recipient of 57.15 assistance under United States Code, title 42, sections 1437 to 57.16 1440, if the officer: 57.17 (1) provides the name of the recipient to the housing 57.18 agency; and 57.19 (2) notifies the agency that: 57.20 (i) the recipient: 57.21 (A) is fleeing to avoid prosecution, or custody or 57.22 confinement after conviction, under the laws of the jurisdiction 57.23 from which the individual is fleeing, for a crime which is a 57.24 felony under the laws of that jurisdiction; 57.25 (B) is violating a condition of probation or parole imposed 57.26 under state or federal law; or57.27 (C) is a person required to register under section 243.166 57.28 and is not residing at the address at which the person is 57.29 registered under section 243.166; or 57.30 (D) has information necessary for the officer to conduct 57.31 the officer's official duties; 57.32 (ii) the location or apprehension of the individual is 57.33 within the officer's official duties; and 57.34 (iii) the request is made in writing and in the proper 57.35 exercise of the officer's official duties. 57.36 Sec. 3. [176.862] [DISCLOSURE TO LAW ENFORCEMENT.] 58.1 The commissioner must disclose the current address of an 58.2 employee collected or maintained under this chapter to law 58.3 enforcement officers who provide the name of the employee and 58.4 notify the commissioner that the employee is a person required 58.5 to register under section 243.166 and is not residing at the 58.6 address at which the employee is registered under section 58.7 243.166.