HF 3278

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; modifying procedures for community notification for
out-of-state sex offenders; amending Minnesota Statutes 2005 Supplement,
section 244.052, subdivision 3a.

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

Section 1.

Minnesota Statutes 2005 Supplement, section 244.052, subdivision 3a,
is amended to read:

Subd. 3a.

Offenders from other states and offenders released from federal
facilities.

(a) Except as provided in paragraph (b), the commissioner shall establish an
end-of-confinement review committee to assign a risk level:

(1) to offenders who are released from a federal correctional facility in Minnesota or
a federal correctional facility in another state and who intend to reside in Minnesota;

(2) to offenders who are accepted from another state under the interstate compact
authorized by section 243.16 or 243.1605 or any other authorized interstate agreement; and

(3) to offenders who are referred to the committee by local law enforcement
agencies under paragraph (f).

(b) This subdivision does not require the commissioner to convene an
end-of-confinement review committee for a person coming into Minnesota who is subject
to probation under another state's law. The probation or court services officer and
law enforcement officer shall manage such cases in accordance with section 244.10,
subdivision 8.

(c) The committee shall make reasonable efforts to conform to the same timelines
applied to offenders released from a Minnesota correctional facility and shall collect all
relevant information and records on offenders assessed and assigned a risk level under
this subdivision. deleted text begin However, for offenders who were assigned the most serious risk level
by another state, the committee must act promptly to collect the information required
under this paragraph.
deleted text end

The end-of-confinement review committee must proceed in accordance with all
requirements set forth in this section and follow all policies and procedures applied to
offenders released from a Minnesota correctional facility in reviewing information and
assessing the risk level of offenders covered by this subdivision, unless restrictions
caused by the nature of federal or interstate transfers prevent such conformance. All of
the provisions of this section apply to offenders who are assessed and assigned a risk
level under this subdivision.

(d) If a local law enforcement agency learns or suspects that a person who is subject
to this section is living in Minnesota and a risk level has not been assigned to the person
under this section, the law enforcement agency shall provide this information to the Bureau
of Criminal Apprehension and the commissioner of corrections within three business days.

(e) deleted text begin If the commissioner receives reliable information from a local law enforcement
agency or the bureau that a person subject to this section is living in Minnesota and a local
law enforcement agency so requests, the commissioner must determine if the person
was assigned a risk level under a law comparable to this section. If the commissioner
determines that the law is comparable and public safety warrants, the commissioner,
within three business days of receiving a request, shall notify the local law enforcement
agency that it may, in consultation with the department, proceed with notification under
subdivision 4 based on the person's out-of-state risk level. However, if the commissioner
concludes that the offender is from a state with a risk level assessment law that is not
comparable to this section, the extent of the notification may not exceed that of a risk level
II offender under subdivision 4, paragraph (b), unless the requirements of paragraph
(f) have been met. If an assessment is requested from the end-of-confinement review
committee under paragraph (f), the local law enforcement agency may continue to
disclose information under subdivision 4 until the committee assigns the person a risk
level. After the committee assigns a risk level to an offender pursuant to a request made
under paragraph (f), the information disclosed by law enforcement shall be consistent with
the risk level assigned by the end-of-confinement review committee. The commissioner
of corrections, in consultation with legal advisers, shall determine whether the law of
another state is comparable to this section. deleted text end new text begin A local law enforcement agency that learns a
predatory offender from another state is living in the agency's jurisdiction may proceed
immediately with disclosure of information to the public consistent with the guidelines
set forth for level III offenders in subdivision 4, paragraph (b), clause (3), if the agency
obtains written confirmation that the offender's state of origin concluded that the offender
is in the class of offenders who are most likely to reoffend. For out-of-state offenders who
are not classified by their state of origin as the most likely to reoffend, a law enforcement
agency may disclose information to the public consistent with the guidelines set forth for
level II offenders in subdivision 4, paragraph (b), clause (2), unless the requirements
of paragraph (f) have been met.
new text end

(f) If the local law enforcement agency wants to make a broader disclosure than
is authorized under paragraph (e), the law enforcement agency may request that an
end-of-confinement review committee assign a risk level to the offender. The local law
enforcement agency shall provide to the committee all new text begin available new text end information concerning
the offender's criminal history, the risk the offender poses to the community, and other
relevant information. The department shall attempt to obtain other information relevant to
determining which risk level to assign the offender. The committee shall promptly assign
a risk level to an offender referred to the committee under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end