Minnesota Legislature
HF 2876
as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/08/2004 |
Current Version - as introduced
1.1 A bill for an act 1.2 relating to crimes; regulating sex offenders; making 1.3 technical and clarifying changes; appropriating money; 1.4 amending Minnesota Statutes 2002, sections 243.166, 1.5 subdivisions 1, 4, 6, 7a, by adding subdivisions; 1.6 243.167; 243.55, subdivision 1; 244.05, subdivision 7; 1.7 244.052, subdivision 4; 253B.02, by adding 1.8 subdivisions; 253B.03, by adding a subdivision; 1.9 253B.18, subdivision 9; 253B.185, by adding a 1.10 subdivision; Minnesota Statutes 2003 Supplement, 1.11 sections 243.166, subdivisions 3, 4a; 246.15, by 1.12 adding a subdivision; 609.2231, subdivision 3; 1.13 proposing coding for new law in Minnesota Statutes, 1.14 chapter 253B. 1.15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.16 Section 1. Minnesota Statutes 2002, section 243.166, 1.17 subdivision 1, is amended to read: 1.18 Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall 1.19 register under this section if: 1.20 (1) the person was charged with or petitioned for a felony 1.21 violation of or attempt to violate, or aiding, abetting, or 1.22 conspiracy to commit, any of the following, and convicted of or 1.23 adjudicated delinquent for that offense or another offense 1.24 arising out of the same set of circumstances, regardless of the 1.25 level of conviction: 1.26 (i) murder under section 609.185, clause (2); or 1.27 (ii) kidnapping under section 609.25; or 1.28 (iii) criminal sexual conduct under section 609.342; 1.29 609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 1.30 (iv) indecent exposure under section 617.23, subdivision 3; 2.1 or 2.2 (2) the person was charged with or petitioned forfalsely2.3imprisoning a minorfalse imprisonment in violation of section 2.4 609.255, subdivision 2; soliciting a minor to engage in 2.5 prostitution in violation of section 609.322 or 609.324; 2.6 soliciting a minor to engage in sexual conduct in violation of 2.7 section 609.352; using a minor in a sexual performance in 2.8 violation of section 617.246; or possessing pornographic work 2.9 involving a minor in violation of section 617.247, and convicted 2.10 of or adjudicated delinquent for that offense or another offense 2.11 arising out of the same set of circumstances; or 2.12 (3) the person was convicted of a predatory crime as 2.13 defined in section 609.108, and the offender was sentenced as a 2.14 patterned sex offender or the court found on its own motion or 2.15 that of the prosecutor that the crime was part of a predatory 2.16 pattern of behavior that had criminal sexual conduct as its 2.17 goal; or 2.18 (4) the person was convicted of or adjudicated delinquent 2.19 for, including pursuant to a court martial, violating a law of 2.20 the United States, including the Uniform Code of Military 2.21 Justice, similar to the offenses described in clause (1), (2), 2.22 or (3). 2.23 (b) A person also shall register under this section if: 2.24 (1) the person was convicted of or adjudicated delinquent 2.25 in another state for an offense that would be a violation of a 2.26 law described in paragraph (a) if committed in this state; 2.27 (2) the person enters the state to reside, or to work or 2.28 attend school; and 2.29 (3) ten years have not elapsed since the person was 2.30 released from confinement or, if the person was not confined, 2.31 since the person was convicted of or adjudicated delinquent for 2.32 the offense that triggers registration, unless the person is 2.33 subject to lifetime registration, in which case the person must 2.34 register for life regardless of when the person was released 2.35 from confinement, convicted, or adjudicated delinquent. 2.36 For purposes of this paragraph: 3.1 (i) "school" includes any public or private educational 3.2 institution, including any secondary school, trade or 3.3 professional institution, or institution of higher education, 3.4 that the person is enrolled in on a full-time or part-time 3.5 basis; and 3.6 (ii) "work" includes employment that is full time or part 3.7 time for a period of time exceeding 14 days or for an aggregate 3.8 period of time exceeding 30 days during any calendar year, 3.9 whether financially compensated, volunteered, or for the purpose 3.10 of government or educational benefit. 3.11 (c) A person also shall register under this section if the 3.12 person was committed pursuant to a court commitment order under 3.13 section 253B.185 or Minnesota Statutes 1992, section 526.10, or 3.14 a similar law of another state or the United States, regardless 3.15 of whether the person was convicted of any offense. 3.16 (d) A person also shall register under this section if: 3.17 (1) the person was charged with or petitioned for a felony 3.18 violation or attempt to violate any of the offenses listed in 3.19 paragraph (a), clause (1), or a similar law of another state or 3.20 the United States, or the person was charged with or petitioned 3.21 for a violation of any of the offenses listed in paragraph (a), 3.22 clause (2), or a similar law of another state or the United 3.23 States; 3.24 (2) the person was found not guilty by reason of mental 3.25 illness or mental deficiency after a trial for that offense, or 3.26 found guilty but mentally ill after a trial for that offense, in 3.27 states with a guilty but mentally ill verdict; and 3.28 (3) the person was committed pursuant to a court commitment 3.29 order under section 253B.18 or a similar law of another state or 3.30 the United States. 3.31 Sec. 2. Minnesota Statutes 2003 Supplement, section 3.32 243.166, subdivision 3, is amended to read: 3.33 Subd. 3. [REGISTRATION PROCEDURE.] (a) Except as provided 3.34 in subdivision 3a, a person required to register under this 3.35 section shall register with the corrections agent as soon as the 3.36 agent is assigned to the person. If the person does not have an 4.1 assigned corrections agent or is unable to locate the assigned 4.2 corrections agent, the person shall register with the law 4.3 enforcement agency that has jurisdiction in the area of the 4.4 person'sresidence.primary address. If the person is sentenced 4.5 to prison, jail, or a workhouse, the person shall register upon 4.6 admission to the correctional facility. The registration period 4.7 does not include any period of incarceration. The person's 4.8 registration requirements under this section terminate when the 4.9 person begins living in the new state and the Bureau of Criminal 4.10 Apprehension (bureau) has confirmed the address in the new state 4.11 through the annual verification process on at least one occasion. 4.12 (b) Except as provided in subdivision 3a, at least five 4.13 days before the person starts living at a new primary address, 4.14 including living in another state, the person shall give written 4.15 notice of the new primary living address to the assigned 4.16 corrections agent or to the law enforcement authority with which 4.17 the person currently is registered. If the person will be 4.18 living in a new state and that state has a registration 4.19 requirement, the person shall also give written notice of the 4.20 new address to the designated registration agency in the new 4.21 state. A person required to register under this section shall 4.22 also give written notice to the assigned corrections agent or to 4.23 the law enforcement authority that has jurisdiction in the area 4.24 of the person'sresidenceprimary address that the person is no 4.25 longer living or staying at an address, immediately after the 4.26 person is no longer living or staying at that address. The 4.27 corrections agent or law enforcement authority shall, within two 4.28 business days after receipt of this information, forward it to 4.29 the bureauof Criminal Apprehension. The bureauof Criminal4.30Apprehensionshall, if it has not already been done, notify the 4.31 law enforcement authority having primary jurisdiction in the 4.32 community where the person will live of the new address. If the 4.33 person is leaving the state, the bureauof Criminal Apprehension4.34 shall notify the registration authority in the new state of the 4.35 new address.If the person's obligation to register arose under4.36subdivision 1, paragraph (b),The person's registration 5.1 requirements under this section terminatewhenafter the person 5.2 begins living in the new state and the bureau has confirmed the 5.3 address in the other state through the annual verification 5.4 process on at least one occasion. 5.5 (c) A person required to register under subdivision 1, 5.6 paragraph (b), because the person is working or attending school 5.7 in Minnesota shall register with the law enforcement agency that 5.8 has jurisdiction in the area where the person works or attends 5.9 school. In addition to other information required by this 5.10 section, the person shall provide the address of the school or 5.11 of the location where the person is employed. A person must 5.12 comply with this paragraph within five days of beginning 5.13 employment or school. A person's obligation to register under 5.14 this paragraph terminates when the person is no longer working 5.15 or attending school in Minnesota. 5.16 (d) A person required to register under this section who 5.17 works or attends school outside of Minnesota shall register as a 5.18 predatory offender in the state where the person works or 5.19 attends school. The person's corrections agent, or if the 5.20 person does not have an assigned corrections agent,the law 5.21 enforcement authority that has jurisdiction in the area of the 5.22 person'sresidenceprimary address, shall notify the person of 5.23 this requirement. 5.24 Sec. 3. Minnesota Statutes 2002, section 243.166, is 5.25 amended by adding a subdivision to read: 5.26 Subd. 3a. [REGISTRATION PROCEDURE WHEN PERSON LACKS 5.27 PRIMARY ADDRESS.] (a) If a person leaves a primary address and 5.28 does not have a new primary address, the person shall register 5.29 with the law enforcement agency that has jurisdiction in the 5.30 area where the person is staying within 24 hours of the time the 5.31 person no longer has a primary address. 5.32 (b) A person who lacks a primary address shall register 5.33 with the law enforcement agency that has jurisdiction in the 5.34 area where the person is staying within 24 hours after entering 5.35 the jurisdiction. Each time a person who lacks a primary 5.36 address moves to a new jurisdiction, the person shall register 6.1 with the law enforcement agency that has jurisdiction in the 6.2 area where the person is staying within 24 hours after entering 6.3 the jurisdiction. 6.4 (c) Upon registering under this subdivision, the person 6.5 shall provide the law enforcement agency with all of the 6.6 information the individual is required to report under 6.7 subdivision 4a. 6.8 (d) If a person continues to lack a primary address, the 6.9 person shall report in person on a weekly basis to the law 6.10 enforcement agency with jurisdiction in the area where the 6.11 person is staying. This weekly report must be made between the 6.12 hours of 9:00 a.m. and 5:00 p.m. 6.13 (e) If a person continues to lack a primary address and 6.14 continues to register with the same law enforcement agency, the 6.15 person shall provide the law enforcement agency with all of the 6.16 information the individual is required to report under 6.17 subdivision 4a at least annually, unless the person is required 6.18 to register under subdivision 1, paragraph (c), following 6.19 commitment pursuant to a court commitment under section 253B.185 6.20 or a similar law of another state or the United States. If the 6.21 person is required to register under subdivision 1, paragraph 6.22 (c), the person shall provide the law enforcement agency with 6.23 all of the information the individual is required to report 6.24 under subdivision 4a every three months. 6.25 (f) A law enforcement agency receiving information under 6.26 this subdivision must report the information to the Bureau of 6.27 Criminal Apprehension within two business days of receipt of the 6.28 information. 6.29 (g) For purposes of this subdivision, a person who fails to 6.30 report a primary address is deemed to be a person who lacks a 6.31 primary address, and the person must comply with the 6.32 requirements for a person who lacks a primary address. 6.33 Sec. 4. Minnesota Statutes 2002, section 243.166, 6.34 subdivision 4, is amended to read: 6.35 Subd. 4. [CONTENTS OF REGISTRATION.] (a) The registration 6.36 provided to the corrections agent or law enforcement authority, 7.1 must consist of a statement in writing signed by the person, 7.2 giving information required by the Bureau of Criminal 7.3 Apprehension, a fingerprint card, and photograph of the person 7.4 taken at the time of the person's release from incarceration or, 7.5 if the person was not incarcerated, at the time the person 7.6 initially registered under this section. The registration 7.7 information also must include a written consent form signed by 7.8 the person allowing a treatment facility or residential housing 7.9 unit or shelter to release information to a law enforcement 7.10 officer about the person's admission to, or residence in, a 7.11 treatment facility or residential housing unit or shelter. 7.12 Registration information on adults and juveniles may be 7.13 maintained together notwithstanding section 260B.171, 7.14 subdivision 3. 7.15 (b) For persons required to register under subdivision 1, 7.16 paragraph (c), following commitment pursuant to a court 7.17 commitment under section 253B.185 or a similar law of another 7.18 state or the United States, in addition to other information 7.19 required by this section, the registration provided to the 7.20 corrections agent or law enforcement authority must include the 7.21 person's offense history and documentation of treatment received 7.22 during the person's commitment. This documentationshall beis 7.23 limited to a statement of how far the person progressed in 7.24 treatment during commitment. 7.25 (c) Within three days of receipt, the corrections agent or 7.26 law enforcement authority shall forward the registration 7.27 information to the bureauof Criminal Apprehension. The bureau 7.28 shall ascertain whether the person has registered with the law 7.29 enforcement authoritywhere the person residesin the area of 7.30 the person's primary address, if any, or if the person lacks a 7.31 primary address where the person is staying, as required by 7.32 subdivision 3a. If the person has not registered with the law 7.33 enforcement authority, the bureau shall send one copy to that 7.34 authority. 7.35 (d) The corrections agent or law enforcement authority may 7.36 require that a person required to register under this section 8.1 appear before the agent or authority to be photographed. The 8.2 agent or authority shall forward the photograph to the bureauof8.3Criminal Apprehension. 8.4 (e) During the period a person is required to register 8.5 under this section, the followingshallprovisions apply: 8.6 (1) Except for individuals registering under subdivision 8.7 3a, the bureauof Criminal Apprehensionshall mail a 8.8 verification form to thelast reported address of theperson's 8.9residencelast reported primary address. This verification form 8.10shallmust provide notice to the offender that, if the offender 8.11 does not return the verification form as required, information 8.12 about the offender may be made available to the public through 8.13 electronic, computerized, or other accessible means. 8.14 (2) The person shall mail the signed verification form back 8.15 to the bureauof Criminal Apprehensionwithin ten days after 8.16 receipt of the form, stating on the form the current and last 8.17 address of the person's residence and the other information 8.18 required under subdivision 4a. 8.19 (3) In addition to the requirements listed in this section, 8.20 a person who is required to register and who has been deemed a 8.21 risk level II or a risk level III pursuant to section 244.052, 8.22 and who is no longer under supervision by the Department of 8.23 Corrections for a registration offense, shall have an annual 8.24 in-person contact with the law enforcement agency with 8.25 jurisdiction over the city where the offender maintains a 8.26 primary address. During the month of the person's birth date, 8.27 the person shall report to the appropriate law enforcement 8.28 agency to verify the accuracy of the registration information 8.29 and to be photographed. For the purposes of this section, law 8.30 enforcement agency includes the police department that has 8.31 jurisdiction over the city of the offender's primary address. 8.32 However, if there is no police department with jurisdiction, the 8.33 offender shall report to the appropriate county sheriff's office. 8.34 Within three days of the in-person contact with an unsupervised 8.35 level II or level III offender, the law enforcement agency shall 8.36 enter information as required by the bureau into the predatory 9.1 offender registration database and submit an updated photograph 9.2 of the offender to the bureau's predatory offender registration 9.3 unit. 9.4 (4) If the person fails to mail the completed and signed 9.5 verification form to the bureauof Criminal Apprehensionwithin 9.6 ten days after receipt of the form, or if the person fails to 9.7 report to the local law enforcement agency during the month of 9.8 the person's birth date, the personshall beis in violation of 9.9 this section and may be charged with a felony as provided in 9.10 subdivision 5. 9.11 For persons required to register under subdivision 1, paragraph 9.12 (c), following commitment pursuant to a court commitment under 9.13 section 253B.185 or a similar law of another state or the United 9.14 States, the bureau shall comply with clause (1) at least four 9.15 times each year. For persons deemed a risk level III pursuant 9.16 to section 244.052 and who are no longer under supervision for 9.17 their registration offense, the bureau shall comply with clause 9.18 (1) at least two times each year. For all other persons 9.19 required to register under this section, the bureau shall comply 9.20 with clause (1) each year within 30 days of the anniversary date 9.21 of the person's initial registration. 9.22 (f) When sending out a verification form, the bureauof9.23Criminal Apprehension mustshall determine whether the person to 9.24 whom the verification form is being sent has signed a written 9.25 consent form as provided for in paragraph (a). If the person 9.26 has not signed such a consent form, the bureauof Criminal9.27Apprehension mustshall send a written consent form to the 9.28 person along with the verification form. A person who receives 9.29 this written consent formmustshall sign and return it to the 9.30 bureauof Criminal Apprehensionat the same time as the 9.31 verification form. 9.32 (g) For the purposes of this subdivision, "treatment 9.33 facility" means a residential facility, as defined in section 9.34 244.052, subdivision 1, and residential chemical dependency 9.35 treatment programs and halfway houses licensed under chapter 9.36 245A, including, but not limited to, those facilities directly 10.1 or indirectly assisted by any department or agency of the United 10.2 States. 10.3 Sec. 5. Minnesota Statutes 2003 Supplement, section 10.4 243.166, subdivision 4a, is amended to read: 10.5 Subd. 4a. [INFORMATION REQUIRED TO BE PROVIDED.] (a) As 10.6 used in this section: 10.7 (1) "motor vehicle" has the meaning given "vehicle" in 10.8 section 169.01, subdivision 2; 10.9 (2) "primaryresidenceaddress" means any place where the 10.10 person resides longer than 14 days or that is deemed a primary 10.11residenceaddress by a person's corrections agent, if one is 10.12 assigned to the person, and includes any local jail, state 10.13 correctional facility, workhouse, juvenile detention facility, 10.14 security hospital, halfway house, homeless shelter, or regional 10.15 treatment center, regardless of the length of time spent in any 10.16 of those facilities; and 10.17 (3) "secondaryresidenceaddress" means any place where the 10.18 person regularly stays overnight when not staying at the 10.19 person's primaryresidenceaddress, and includes, but is not 10.20 limited to: 10.21 (i) the person's parent's home if the person is a student 10.22 and stays at the home at times when the person is not staying at 10.23 school, including during the summer;and10.24 (ii) the home of someone with whom the person has a minor 10.25 child in commonwherewhen the child's custody is shared; 10.26 (iii) the home of the noncustodial parent when the parents 10.27 share custody of the minor child; 10.28 (iv) the home of someone with whom the person shares a 10.29 significant relationship, as defined in section 609.341, 10.30 subdivision 15; and 10.31 (v) a vacation home or property where the person spends 10.32 extended periods of time. 10.33 (b) A person required to register under this section shall 10.34 provide to the corrections agent or law enforcement authority 10.35 the following information: 10.36 (1) theaddress of theperson's primaryresidenceaddress; 11.1 (2)the addresses ofall of the person's secondary 11.2residencesaddresses in Minnesota, including all addresses used 11.3 for residential or recreational purposes; 11.4 (3) the addresses of all Minnesota property owned, leased, 11.5 or rented by the person; 11.6 (4) the addresses of all locations where the person is 11.7 employed; 11.8 (5)theall addresses of allresidences where the person11.9resides while attending schoolschools in which the person is 11.10 enrolled; and 11.11 (6) the year, model, make, license plate number, and color 11.12 of all motor vehicles owned or regularly driven by the person. 11.13 (c) The person shall report to the agent or authority the 11.14 information required to be provided under paragraph (b), clauses 11.15 (2) to (6), within five days of the date the clause becomes 11.16 applicable. If because of a change in circumstances any 11.17 information reported under paragraph (b), clauses (1) to (6), no 11.18 longer applies, the person shall immediately inform the agent or 11.19 authority that the information is no longer valid. If the 11.20 person leaves a primary address and does not have a new primary 11.21 address, the person shall register as provided in subdivision 3a. 11.22 Sec. 6. Minnesota Statutes 2002, section 243.166, 11.23 subdivision 6, is amended to read: 11.24 Subd. 6. [REGISTRATION PERIOD.] (a) Notwithstanding the 11.25 provisions of section 609.165, subdivision 1, and except as 11.26 provided in paragraphs (b), (c), and (d), a person required to 11.27 register under this section shall continue to comply with this 11.28 section until ten years have elapsed since the person initially 11.29 registered in connection with the offense, or until the 11.30 probation, supervised release, or conditional release period 11.31 expires, whichever occurs later. For a person required to 11.32 register under this section who is committed under section 11.33 253B.18 or 253B.185, the ten-year registration period does not 11.34 include the period of commitment. 11.35 (b) If a person required to register under this section 11.36 fails to register following a change inresidencethe person's 12.1 primary or secondary address, employment, school, or motor 12.2 vehicle information; fails to report any property the person 12.3 owns, leases, or rents; or fails to return the annual 12.4 verification letter within ten days, the commissioner of public 12.5 safety may require the person to continue to register for an 12.6 additional period of five years. This five-year period is added 12.7 to the end of the offender's registration period. 12.8 (c) If a person required to register under this section is 12.9 subsequently incarcerated following a conviction for a new 12.10 offense or following a revocation of probation, supervised 12.11 release, or conditional release forthatany offense,ora12.12 convictionfor any new offense, the person shall continue to 12.13 register until ten years have elapsed since the person was last 12.14 released from incarceration or until the person's probation, 12.15 supervised release, or conditional release period expires, 12.16 whichever occurs later. For a person whose period of 12.17 incarceration is spread out over the duration of several 12.18 weekends, the registration period restarts after the final 12.19 weekend of incarceration has been served. 12.20 (d) A person shall continue to comply with this section for 12.21 the life of that person: 12.22 (1) if the person is convicted of or adjudicated delinquent 12.23 for any offense for which registration is required under 12.24 subdivision 1, or any offense from another state or any federal 12.25 offense similar to the offenses described in subdivision 1, and 12.26 the person has a prior conviction or adjudication for an offense 12.27 for which registration was or would have been required under 12.28 subdivision 1, or an offense from another state or a federal 12.29 offense similar to an offense described in subdivision 1; 12.30 (2) if the person is required to register based upon a 12.31 conviction or delinquency adjudication for an offense under 12.32 section 609.185, clause (2), or a similar statute from another 12.33 state or the United States; 12.34 (3) if the person is required to register based upon a 12.35 conviction for an offense under section 609.342, subdivision 1, 12.36 paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 13.1 1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, 13.2 subdivision 1, paragraph (a), (c), or (g); or 609.345, 13.3 subdivision 1, paragraph (a), (c), or (g); or a statute from 13.4 another state or the United States similar to the offenses 13.5 described in this clause; or 13.6 (4) if the person is required to register under subdivision 13.7 1, paragraph (c), following commitment pursuant to a court 13.8 commitment under section 253B.185 or a similar law of another 13.9 state or the United States. 13.10 Sec. 7. Minnesota Statutes 2002, section 243.166, 13.11 subdivision 7a, is amended to read: 13.12 Subd. 7a. [AVAILABILITY OF INFORMATION ON OFFENDERS WHO 13.13 ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The Bureau of 13.14 Criminal Apprehension may make information available to the 13.15 public about offenders who are 16 years of age or older and who 13.16 are out of compliance with this section for 30 days or longer 13.17 for failure to provide theaddress of theoffenders' primary or 13.18 secondaryresidencesaddresses. This information may be made 13.19 available to the public through electronic, computerized, or 13.20 other accessible means. The amount and type of information made 13.21 available shall be limited to the information necessary for the 13.22 public to assist law enforcement in locating the offender. 13.23 (b) An offender who comes into compliance with this section 13.24 after the bureauof Criminal Apprehensiondiscloses information 13.25 about the offender to the public may send a written request to 13.26 the bureau requesting the bureau to treat information about the 13.27 offender as private data, consistent with subdivision 7. The 13.28 bureau shall review the request and promptly take reasonable 13.29 action to treat the data as private, if the offender has 13.30 complied with the requirement that the offender providethe13.31addresses ofthe offender's primary and secondaryresidences13.32 addresses, or promptly notify the offender that the information 13.33 will continue to be treated as public information and the 13.34 reasons for the bureau's decision. 13.35 (c) If an offender believes the information made public 13.36 about the offender is inaccurate or incomplete, the offender may 14.1 challenge the data under section 13.04, subdivision 4. 14.2 (d) The bureauof Criminal Apprehensionis immune from any 14.3 civil or criminal liability that might otherwise arise, based on 14.4 the accuracy or completeness of any information made public 14.5 under this subdivision, if the bureau acts in good faith. 14.6 Sec. 8. Minnesota Statutes 2002, section 243.166, is 14.7 amended by adding a subdivision to read: 14.8 Subd. 11. [VENUE.] A violation of this section must be 14.9 prosecuted in the jurisdiction where the person last registered 14.10 a primary address. When a person commits two or more offenses 14.11 in two or more counties, the accused may be prosecuted for all 14.12 of the offenses in any county in which one of the offenses was 14.13 committed. 14.14 Sec. 9. Minnesota Statutes 2002, section 243.166, is 14.15 amended by adding a subdivision to read: 14.16 Subd. 12. [ELECTRONIC HOME MONITORING.] For the purposes 14.17 of this section, confinement and incarceration do not include 14.18 electronic home monitoring. 14.19 Sec. 10. Minnesota Statutes 2002, section 243.166, is 14.20 amended by adding a subdivision to read: 14.21 Subd. 13. [CERTIFIED COPIES AS EVIDENCE.] Certified copies 14.22 of predatory offender registration records are admissible as 14.23 substantive evidence when necessary to prove the commission of a 14.24 designated offense. 14.25 Sec. 11. Minnesota Statutes 2002, section 243.167, is 14.26 amended to read: 14.27 243.167 [REGISTRATION UNDER THE PREDATORY OFFENDER 14.28 REGISTRATION LAW FOR OTHER OFFENSES.] 14.29 Subdivision 1. [DEFINITION.] As used in this section, 14.30 "crime against the person" means a violation of any of the 14.31 following or a similar law of another state or of the United 14.32 States: section 609.165; 609.185; 609.19; 609.195; 609.20; 14.33 609.205; 609.221; 609.222; 609.223; 609.2231; 609.224, 14.34 subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235; 14.35 609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 14.36 2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23, 15.1 subdivision 2; or any felony-level violation of section 609.229; 15.2 609.377; 609.749; or 624.713. 15.3 Subd. 2. [WHEN REQUIRED.] (a) In addition to the 15.4 requirements of section 243.166, a person also shall register 15.5 under section 243.166 if: 15.6 (1) the person is convicted of a crime against the person; 15.7 and 15.8 (2) the person was previously convicted of or adjudicated 15.9 delinquent for an offense listed in section 243.166,subdivision15.101, paragraph (a),but was not required to register for the 15.11 offense because the registration requirements of that section 15.12 did not apply to the person at the time the offense was 15.13 committed or at the time the person was released from 15.14 imprisonment. 15.15 (b) A person who was previously required to registerunder15.16section 243.166in any state and who has completed the 15.17 registration requirements of thatsectionstate shall again 15.18 register under section 243.166 if the person commits a crime 15.19 against the person. 15.20 Sec. 12. Minnesota Statutes 2002, section 243.55, 15.21 subdivision 1, is amended to read: 15.22 Subdivision 1. Any person who brings, sends, or in any 15.23 manner causes to be introduced into any state correctional 15.24 facility or state hospital, or within or upon the grounds 15.25 belonging to or land or controlled by any such facility or 15.26 hospital, or is found in possession of any controlled substance 15.27 as defined in section 152.01, subdivision 4, or any firearms, 15.28 weapons or explosives of any kind, without the consent of the 15.29 chief executive officer thereof, shall be guilty of a felony 15.30 and, upon conviction thereof, punished by imprisonment for a 15.31 term of not more than ten years. Any person who brings, sends, 15.32 or in any manner causes to be introduced into any state 15.33 correctional facility or within or upon the grounds belonging to 15.34 or land controlled by the facility, or is found in the 15.35 possession of any intoxicating or alcoholic liquor or malt 15.36 beverage of any kind without the consent of the chief executive 16.1 officer thereof, shall be guilty of a gross misdemeanor. The 16.2 provisions of this section shall not apply to physicians 16.3 carrying drugs or introducing any of the above described liquors 16.4 into such facilities for use in the practice of their 16.5 profession; nor to sheriffs or other peace officers carrying 16.6 revolvers or firearms as such officers in the discharge of 16.7 duties. 16.8 Sec. 13. Minnesota Statutes 2002, section 244.05, 16.9 subdivision 7, is amended to read: 16.10 Subd. 7. [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 16.11 (a) Before the commissioner releases from prison any inmate 16.12 convicted under sections 609.342 to 609.345 or sentenced as a 16.13 patterned offender under section 609.108, and determined by the 16.14 commissioner to be in a high risk category, the commissioner 16.15 shall make a preliminary determination whether, in the 16.16 commissioner's opinion, a petition under section 253B.185 may be 16.17 appropriate. The commissioner's opinion must be based on a 16.18 recommendation of a Department of Corrections screening 16.19 committee and a legal review and recommendation from a 16.20 representative of the Office of the Attorney General 16.21 knowledgeable in the legal requirements of the civil commitment 16.22 process. 16.23 (b) In making this decision, the commissioner shall have 16.24 access to the following data only for the purposes of the 16.25 assessment and referral decision: 16.26 (1) private medical data under section 13.384 or 144.335, 16.27 or welfare data under section 13.46 that relate to medical 16.28 treatment of the offender; 16.29 (2) private and confidential court services data under 16.30 section 13.84; 16.31 (3) private and confidential corrections data under section 16.32 13.85; and 16.33 (4) private criminal history data under section 13.87. 16.34 (c) If the commissioner determines that a petition may be 16.35 appropriate, the commissioner shall forward this determination, 16.36 along with a summary of the reasons for the determination, to 17.1 the county attorney in the county where the inmate was convicted 17.2 no later than 12 months before the inmate's release date. If 17.3 the inmate is received for incarceration with fewer than 12 17.4 months remaining in the inmate's term of imprisonment, or if the 17.5 commissioner receives additional information less than 12 months 17.6 before releasewhichthat makes the inmate's case appropriate 17.7 for referral, the commissioner shall forward the determination 17.8 as soon as is practicable. Upon receiving the commissioner's 17.9 preliminary determination, the county attorney shall proceed in 17.10 the manner provided in section 253B.185. The commissioner shall 17.11 release to the county attorney all requested documentation 17.12 maintained by the department. 17.13 Sec. 14. Minnesota Statutes 2002, section 244.052, 17.14 subdivision 4, is amended to read: 17.15 Subd. 4. [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 17.16 INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 17.17 area where the predatory offender resides, expects to reside, is 17.18 employed, or is regularly found, shall disclose to the public 17.19 any information regarding the offender contained in the report 17.20 forwarded to the agency under subdivision 3, paragraph (f), that 17.21 is relevant and necessary to protect the public and to 17.22 counteract the offender's dangerousness, consistent with the 17.23 guidelines in paragraph (b). The extent of the information 17.24 disclosed and the community to whom disclosure is made must 17.25 relate to the level of danger posed by the offender, to the 17.26 offender's pattern of offending behavior, and to the need of 17.27 community members for information to enhance their individual 17.28 and collective safety. 17.29 (b) The law enforcement agency shall employ the following 17.30 guidelines in determining the scope of disclosure made under 17.31 this subdivision: 17.32 (1) if the offender is assigned to risk level I, the agency 17.33 may maintain information regarding the offender within the 17.34 agency and may disclose it to other law enforcement agencies. 17.35 Additionally, the agency may disclose the information to any 17.36 victims of or witnesses to the offense committed by the 18.1 offender. The agency shall disclose the information to victims 18.2 of the offense committed by the offender who have requested 18.3 disclosure and to adult members of the offender's immediate 18.4 household; 18.5 (2) if the offender is assigned to risk level II, the 18.6 agency also may disclose the information to agencies and groups 18.7 that the offender is likely to encounter for the purpose of 18.8 securing those institutions and protecting individuals in their 18.9 care while they are on or near the premises of the institution. 18.10 These agencies and groups include the staff members of public 18.11 and private educational institutions, day care establishments, 18.12 and establishments and organizations that primarily serve 18.13 individuals likely to be victimized by the offender. The agency 18.14 also may disclose the information to individuals the agency 18.15 believes are likely to be victimized by the offender. The 18.16 agency's beliefshallmust be based on the offender's pattern of 18.17 offending or victim preference as documented in the information 18.18 provided by the department of corrections or human services; 18.19 (3) if the offender is assigned to risk level III, the 18.20 agency shall disclose the information to the persons and 18.21 entities described in clauses (1) and (2) and to other members 18.22 of the community whom the offender is likely to encounter, 18.23 unless the law enforcement agency determines that public safety 18.24 would be compromised by the disclosure or that a more limited 18.25 disclosure is necessary to protect the identity of the victim. 18.26 (c) Notwithstanding the assignment of a predatory offender 18.27 to risk level II or III, a law enforcement agency may not make 18.28 the disclosures permitted or required by paragraph (b), clause 18.29 (2) or (3), if:the offender is placed or resides in a 18.30 residential facility. However, if an offender is placed or 18.31 resides in a residential facility, the offender and the head of 18.32 the facility shall designate the offender's likely residence 18.33 upon release from the facility and the head of the facility 18.34 shall notify the commissioner of corrections or the commissioner 18.35 of human services of the offender's likely residence at least 14 18.36 days before the offender's scheduled release date. The 19.1 commissioner shall give this information to the law enforcement 19.2 agency having jurisdiction over the offender's likely 19.3 residence. The head of the residential facility also shall 19.4 notify the commissioner of corrections or human services within 19.5 48 hours after finalizing the offender's approved relocation 19.6 plan to a permanent residence. Within five days after receiving 19.7 this notification, the appropriate commissioner shall give to 19.8 the appropriate law enforcement agency all relevant information 19.9 the commissioner has concerning the offender, including 19.10 information on the risk factors in the offender's history and 19.11 the risk level to which the offender was assigned. After 19.12 receiving this information, the law enforcement agency shall 19.13 make the disclosures permitted or required by paragraph (b), 19.14 clause (2) or (3), as appropriate. 19.15(c)(d) As used in paragraph (b), clauses (2) and (3), 19.16 "likely to encounter" means that: 19.17 (1) the organizations or community members are in a 19.18 location or in close proximity to a location where the offender 19.19 lives or is employed, or which the offender visits or is likely 19.20 to visit on a regular basis, other than the location of the 19.21 offender's outpatient treatment program; and 19.22 (2) the types of interactionwhichthat ordinarily occur at 19.23 that location and other circumstances indicate that contact with 19.24 the offender is reasonably certain. 19.25(d)(e) A law enforcement agency or official who discloses 19.26 information under this subdivision shall make a good faith 19.27 effort to make the notification within 14 days of receipt of a 19.28 confirmed address from the Department of Corrections indicating 19.29 that the offender will be, or has been, released from 19.30 confinement,or accepted for supervision, or has moved to a new 19.31 address and will reside at the address indicated. If a change 19.32 occurs in the release plan, this notification provision does not 19.33 require an extension of the release date. 19.34(e)(f) A law enforcement agency or official who discloses 19.35 information under this subdivision shall not disclose the 19.36 identity or any identifying characteristics of the victims of or 20.1 witnesses to the offender's offenses. 20.2(f)(g) A law enforcement agency shall continue to disclose 20.3 information on an offender as required by this subdivision for 20.4 as long as the offender is required to register under section 20.5 243.166. This requirement on a law enforcement agency to 20.6 continue to disclose information applies to an offender who 20.7 lacks a primary address and is registering under section 20.8 243.166, subdivision 3a. 20.9(g)(h) A law enforcement agency that is disclosing 20.10 information on an offender assigned to risk level III to the 20.11 public under this subdivision shall inform the commissioner of 20.12 corrections what information is being disclosed and forward this 20.13 information to the commissioner within two days of the agency's 20.14 determination. The commissioner shall post this information on 20.15 the Internet as required in subdivision 4b. 20.16(h)(i) A city council may adopt a policy that addresses 20.17 when information disclosed under this subdivision must be 20.18 presented in languages in addition to English. The policy may 20.19 address when information must be presented orally, in writing, 20.20 or both in additional languages by the law enforcement agency 20.21 disclosing the information. The policy may provide for 20.22 different approaches based on the prevalence of non-English 20.23 languages in different neighborhoods. 20.24 Sec. 15. Minnesota Statutes 2003 Supplement, section 20.25 246.15, is amended by adding a subdivision to read: 20.26 Subd. 3. [SAVINGS ACCOUNT.] The commissioner of human 20.27 services shall create a savings account for each patient 20.28 receiving treatment in a secure treatment facility as defined by 20.29 section 253B.02, subdivision 18a. The source of money to be 20.30 deposited in this account shall come from a portion of the 20.31 patient's share of the cost of care. The money in this savings 20.32 account shall be made available to the patient when the patient 20.33 is ready to be transitioned into the community. The money in 20.34 the account shall be used for expenses associated with obtaining 20.35 housing and other personal needs necessary for the patient's 20.36 smooth transition into the community. The savings account shall 21.1 be called "forensic patient transition savings account." 21.2 Sec. 16. Minnesota Statutes 2002, section 253B.02, is 21.3 amended by adding a subdivision to read: 21.4 Subd. 24. [ADMINISTRATIVE RESTRICTION.] "Administrative 21.5 restriction" means any measure utilized by the commissioner to 21.6 maintain safety and security, protect possible evidence, and 21.7 prevent the continuation of suspected criminal acts. 21.8 Administrative restriction does not mean protective isolation as 21.9 defined by Minnesota Rules, part 9515.3090, subpart 4. 21.10 Administrative restriction may include increased monitoring, 21.11 program limitations, loss of privileges, restricted access to 21.12 and use of possessions, and separation of a patient from the 21.13 normal living environment, as determined by the commissioner or 21.14 the commissioner's designee. Administrative restriction applies 21.15 only to patients in a secure treatment facility as defined in 21.16 subdivision 18a who: 21.17 (1) are suspected of criminal acts; 21.18 (2) are the subject of a criminal investigation; 21.19 (3) are awaiting sentencing following a conviction of a 21.20 crime; or 21.21 (4) are awaiting transfer to a correctional facility. 21.22 The commissioner shall establish policies and procedures 21.23 according to section 246.014, paragraph (d), regarding the use 21.24 of administrative restriction. The policies and procedures 21.25 shall identify the implementation and termination of 21.26 administrative restrictions. Use of administrative restriction 21.27 and the reason associated with the use shall be documented in 21.28 the patient's medical record. 21.29 Sec. 17. Minnesota Statutes 2002, section 253B.02, is 21.30 amended by adding a subdivision to read: 21.31 Subd. 25. [SAFETY.] "Safety" means protection of persons 21.32 or property from potential danger, risk, injury, harm, or damage. 21.33 Sec. 18. Minnesota Statutes 2002, section 253B.02, is 21.34 amended by adding a subdivision to read: 21.35 Subd. 26. [SECURITY.] "Security" means the measures 21.36 necessary to achieve the management and accountability of 22.1 patients of the facility, staff, and visitors, as well as 22.2 property of the facility. 22.3 Sec. 19. Minnesota Statutes 2002, section 253B.03, is 22.4 amended by adding a subdivision to read: 22.5 Subd. 1a. [ADMINISTRATIVE RESTRICTION.] (a) A patient has 22.6 the right to be free from unnecessary or excessive 22.7 administrative restriction, therefore, administrative 22.8 restriction shall not be used for the convenience of staff, for 22.9 retaliation for filing complaints, or as a substitute for 22.10 program treatment. Administrative restriction may not involve 22.11 any further deprivation of privileges than is necessary. 22.12 (b) Administrative restriction may include separate and 22.13 secure housing. 22.14 (c) Patients under administrative restriction shall not be 22.15 limited in access to their attorney. 22.16 Sec. 20. Minnesota Statutes 2002, section 253B.18, 22.17 subdivision 9, is amended to read: 22.18 Subd. 9. [PROVISIONAL DISCHARGE; REVIEW.] (a) A 22.19 provisional discharge pursuant to this section shall not 22.20 automatically terminate. A full discharge shall occur only as 22.21 provided in subdivision 15. The commissioner shall notify the 22.22 patient that the terms of a provisional discharge continue 22.23 unless the patient requests and is granted a change in the 22.24 conditions of provisional discharge or unless the patient 22.25 petitions the special review board for a full discharge and the 22.26 discharge is granted. 22.27 (b) When a petition for amendment of provisional discharge 22.28 or discharge is filed with the commissioner of human services 22.29 and the patient is on provisional discharge, the treatment 22.30 facility shall request that the community provider or persons 22.31 involved in the patient's health care disclose health 22.32 information to the treatment facility. Notwithstanding section 22.33 144.335, this information shall be released without the 22.34 patient's consent to the treatment facility for the limited 22.35 purpose of evaluating the patient's compliance with the terms of 22.36 the provisional discharge and to assist the facility in their 23.1 evaluation of the petition. 23.2 Sec. 21. [253B.184] [LEGISLATIVE FINDINGS AND PURPOSE.] 23.3 (a) The Patients' and Residents' Bill of Rights in section 23.4 144.651 and the Patients' Bill of Rights in section 253B.03, 23.5 create statutory protections for persons in health care 23.6 facilities who generally have physical or mental conditions that 23.7 make it difficult or impossible for them to protect themselves 23.8 or who are particularly vulnerable to exploitation. Sexual 23.9 psychopathic personalities and sexually dangerous persons 23.10 civilly committed to the Minnesota sex offender program, 23.11 however, are a significantly and clearly different population 23.12 from other patients and residents protected by sections 144.651 23.13 and 253B.03 in several respects: 23.14 (1) civilly committed sex offenders have documented 23.15 histories of harmful sexual conduct, have been proven to be 23.16 highly likely to commit harmful sexual conduct and, as a result, 23.17 are dangerous to others if not committed to a secure treatment 23.18 facility. This predatory nature distinguishes them from other 23.19 voluntary or involuntary patients in health care facilities, 23.20 including patients committed as mentally ill and dangerous; 23.21 (2) most sex offenders are civilly committed directly from 23.22 prison, often after lengthy sentences, and tend to be far more 23.23 criminally sophisticated than patients or residents of health 23.24 care facilities who have not been institutionalized with 23.25 criminals for a long period of time; 23.26 (3) while all civilly committed sex offenders have 23.27 diagnosed mental or personality disorders that provide the 23.28 constitutional basis for civil commitment, they generally are 23.29 not psychotic and their disorders do not make them vulnerable to 23.30 abuse or exploitation by others. For this reason, civilly 23.31 committed sex offenders are not defined categorically as 23.32 vulnerable adults under the Minnesota Vulnerable Adult Act. 23.33 This difference distinguishes them from those committed as 23.34 mentally ill, mentally retarded, chemically dependent, or 23.35 mentally ill and dangerous; and 23.36 (4) more than ten years of operation of the current sex 24.1 offender program and decades of experience in the predecessor 24.2 programs (BEAD 1972-1975 and ITPSA 1975-1993) has demonstrated 24.3 that civilly committed sex offenders misuse and distort the 24.4 protections afforded by sections 144.651 and 253B.03 far more 24.5 than other patients, including those committed as mentally ill 24.6 and dangerous. Sex offenders have taken advantage of the rights 24.7 given them by the bills of rights to breach the security of the 24.8 treatment facility, communicate inappropriately with sexually 24.9 vulnerable children and others outside of the facility, commit a 24.10 variety of property-related crimes, engage in 24.11 counter-therapeutic conduct, and mount frivolous litigation 24.12 against the state and state employees. Other patients and 24.13 residents have not exhibited these behaviors to the extent 24.14 exhibited by committed sex offenders. 24.15 (b) The legislature finds that, in order to further the 24.16 purposes of civil commitment of sex offenders, individuals in 24.17 the sex offender program require special consideration related 24.18 to patients' rights. The commissioner of human services is 24.19 authorized to limit the statutory rights under the patients' and 24.20 residents' bills of rights under sections 144.651 and 253B.03 of 24.21 individuals committed to the sex offender program in order to 24.22 ensure the safety and security of the treatment facility, staff, 24.23 other patients, and the public, and to maintain a safe 24.24 environment in which treatment can be best provided. These 24.25 limitations are not intended to make civil commitment punitive 24.26 or as punishment for past behavior, but are necessary to further 24.27 the legitimate purposes of the patients' commitment, protection 24.28 of the public, and treatment of the patients' disorders. 24.29 Furthermore, it is necessary to make explicit that any rights 24.30 conferred by sections 144.651 and 253B.03 do not confer a 24.31 private cause of action upon civilly committed sex offenders but 24.32 are instead enforceable by the Department of Health that 24.33 licenses the sex offender program. 24.34 Sec. 22. Minnesota Statutes 2002, section 253B.185, is 24.35 amended by adding a subdivision to read: 24.36 Subd. 7. [RIGHTS OF PATIENTS COMMITTED UNDER THIS 25.1 SECTION.] (a) The commissioner or the commissioner's designee 25.2 may limit the statutory rights described in paragraph (b) for 25.3 patients committed to the Minnesota sex offender program under 25.4 this section or with the commissioner's consent under section 25.5 246B.02. These statutory rights may be limited as necessary to 25.6 maintain a therapeutic environment and the security of the 25.7 facility, to prevent crime, or to protect the safety and 25.8 well-being of patients, staff, and the public. Limitations of 25.9 statutory rights may be applied facility-wide, or to parts of 25.10 the facility, or to individual patients, and are in addition to 25.11 any other limitations on rights permitted by sections 144.651, 25.12 253B.03, or any other law. 25.13 (b) The head of a secure treatment facility may limit the 25.14 statutory rights of patients and residents created by sections 25.15 144.651, subdivision 19 (personal privacy); 144.651, subdivision 25.16 21 (private communications); 144.651, subdivision 22 (retain and 25.17 use of personal property); 144.651, subdivision 25 (manage 25.18 personal financial affairs); 144.651, subdivision 26 (meet with 25.19 visitors and participate in groups); 253B.03, subdivision 2 25.20 (correspond with others); and 253B.03, subdivision 3 (receive 25.21 visitors and make telephone calls). Other statutory rights 25.22 enumerated by sections 144.651 and 253B.03 may be limited as 25.23 provided in those sections. 25.24 (c) Notwithstanding any other law, a patient committed to a 25.25 secure treatment facility under this section may not maintain a 25.26 civil cause of action to enforce section 144.651 or 253B.03. 25.27 [EFFECTIVE DATE.] This section is effective the day 25.28 following final enactment. 25.29 Sec. 23. Minnesota Statutes 2003 Supplement, section 25.30 609.2231, subdivision 3, is amended to read: 25.31 Subd. 3. [CORRECTIONAL EMPLOYEES.] Whoever commits either 25.32 of the following acts against an employee of a correctional 25.33 facility as defined in section 241.021, subdivision 1, paragraph 25.34 (f), or an employee or other individual who provides care or 25.35 treatment at a treatment facility as defined in section 252.025, 25.36 subdivision 7, or 253B.02, subdivision 18a, while theemployee26.1 person is engaged in the performance of a duty imposed by law, 26.2 policy, or rule is guilty of a felony and may be sentenced to 26.3 imprisonment for not more than two years or to payment of a fine 26.4 of not more than $4,000, or both: 26.5 (1) assaults theemployeeperson and inflicts demonstrable 26.6 bodily harm; or 26.7 (2) intentionally throws or otherwise transfers bodily 26.8 fluids or feces at or onto theemployeeperson. 26.9 Sec. 24. [APPROPRIATIONS.] 26.10 (a) $....... is appropriated from the general fund to the 26.11 commissioner of public safety to upgrade the predatory offender 26.12 registration database. This is a onetime appropriation. 26.13 (b) $800,000 is appropriated from the general fund to the 26.14 commissioner of public safety and must be added to the base 26.15 budget for the Bureau of Criminal Apprehension for staffing to 26.16 eliminate the DNA database backlog. 26.17 (c) $445,500 is appropriated from the general fund to the 26.18 commissioner of public safety and must be added to the base 26.19 budget for the Bureau of Criminal Apprehension for staffing and 26.20 costs to enhance predatory offender registration compliance.