HF 3846

1st 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; clarifying the scope of 
  1.3             the community notification law; amending Minnesota 
  1.4             Statutes 1998, sections 244.052, as amended; and 
  1.5             244.10, subdivision 2a; Minnesota Statutes 1999 
  1.6             Supplement, section 243.166, subdivision 4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.9   243.166, subdivision 4, is amended to read: 
  1.10     Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
  1.11  provided to the corrections agent or law enforcement authority, 
  1.12  must consist of a statement in writing signed by the person, 
  1.13  giving information required by the bureau of criminal 
  1.14  apprehension, a fingerprint card, and photograph of the person 
  1.15  taken at the time of the person's release from incarceration or, 
  1.16  if the person was not incarcerated, at the time the person 
  1.17  initially registered under this section.  The registration 
  1.18  information also must include a written consent form signed by 
  1.19  the person allowing a treatment facility to release information 
  1.20  to a law enforcement officer about the person's admission to, or 
  1.21  residence in, a treatment facility.  Registration information on 
  1.22  adults and juveniles may be maintained together notwithstanding 
  1.23  section 260B.171, subdivision 3.  
  1.24     (b) Within three days, the corrections agent or law 
  1.25  enforcement authority shall forward the statement, fingerprint 
  1.26  card, and photograph to the bureau of criminal apprehension.  
  2.1   The bureau shall ascertain whether the person has registered 
  2.2   with the law enforcement authority where the person resides.  If 
  2.3   the person has not registered with the law enforcement 
  2.4   authority, the bureau shall send one copy to that authority.  
  2.5      (c) During the period a person is required to register 
  2.6   under this section, the following shall apply: 
  2.7      (1) Each year, within 30 days of the anniversary date of 
  2.8   the person's initial registration, the bureau of criminal 
  2.9   apprehension shall mail a verification form to the last reported 
  2.10  address of the person. 
  2.11     (2) The person shall mail the signed verification form back 
  2.12  to the bureau of criminal apprehension within ten days after 
  2.13  receipt of the form, stating on the form the current and last 
  2.14  address of the person. 
  2.15     (3) If the person fails to mail the completed and signed 
  2.16  verification form to the bureau of criminal apprehension within 
  2.17  ten days after receipt of the form, the person shall be in 
  2.18  violation of this section. 
  2.19     (d) When sending out a verification form, the bureau of 
  2.20  criminal apprehension must determine whether the person to whom 
  2.21  the verification form is being sent has signed a written consent 
  2.22  form as provided for in paragraph (a).  If the person has not 
  2.23  signed such a consent form, the bureau of criminal apprehension 
  2.24  must send a written consent form to the person along with the 
  2.25  verification form.  A person who receives this written consent 
  2.26  form must return it to the bureau of criminal apprehension at 
  2.27  the same time as the verification form. 
  2.28     (e) For the purposes of this subdivision, "treatment 
  2.29  facility" means a residential facility, as defined in section 
  2.30  244.052, subdivision 1, and residential chemical dependency 
  2.31  treatment programs and halfway houses licensed under chapter 
  2.32  245A, including, but not limited to, those facilities directly 
  2.33  or indirectly assisted by any department or agency of the United 
  2.34  States. 
  2.35     Sec. 2.  Minnesota Statutes 1998, section 244.052, as 
  2.36  amended by Laws 1999, chapters 86, article 1, section 82; 216, 
  3.1   article 6, sections 2, 3, 4, and 5; and 233, sections 4 and 5, 
  3.2   is amended to read: 
  3.3      244.052 [SEX PREDATORY OFFENDERS; NOTICE.] 
  3.4      Subdivision 1.  [DEFINITIONS.] As used in this section: 
  3.5      (1) "confinement" means confinement in a state correctional 
  3.6   facility or a state treatment facility; 
  3.7      (2) "law enforcement agency" means the law enforcement 
  3.8   agency having primary jurisdiction over the location where the 
  3.9   offender expects to reside upon release; 
  3.10     (3) "residential facility" means a facility that is 
  3.11  licensed as a residential program, as defined in section 
  3.12  245A.02, subdivision 14, by the commissioner of human services 
  3.13  under chapter 245A, or the commissioner of corrections under 
  3.14  section 241.021, whose staff are trained in the supervision of 
  3.15  sex offenders; and 
  3.16     (4) "sex predatory offender" and "offender" mean a person 
  3.17  who has been: 
  3.18     (i) convicted of an offense for which registration under 
  3.19  section 243.166 is required; 
  3.20     (ii) committed pursuant to a court commitment order under 
  3.21  section 253B.185 or Minnesota Statutes 1992, section 526.10, 
  3.22  regardless of whether the person was convicted of any offense; 
  3.23  or 
  3.24     (iii) committed pursuant to a court commitment order under 
  3.25  section 253B.18, under the circumstances described in section 
  3.26  243.166, subdivision 1, paragraph (d) is required to register as 
  3.27  a predatory offender under section 243.166.  However, the terms 
  3.28  do not include persons required to register based solely on a 
  3.29  delinquency adjudication. 
  3.30     Subd. 2.  [RISK ASSESSMENT SCALE.] By January 1, 1997, the 
  3.31  commissioner of corrections shall develop a risk assessment 
  3.32  scale which assigns weights to the various risk factors listed 
  3.33  in subdivision 3, paragraph (g), and specifies the risk level to 
  3.34  which offenders with various risk assessment scores shall be 
  3.35  assigned.  In developing this scale, the commissioner shall 
  3.36  consult with county attorneys, treatment professionals, law 
  4.1   enforcement officials, and probation officers. 
  4.2      Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
  4.3   commissioner of corrections shall establish and administer 
  4.4   end-of-confinement review committees at each state correctional 
  4.5   facility and at each state treatment facility where sex 
  4.6   predatory offenders are confined.  The committees shall assess 
  4.7   on a case-by-case basis the public risk posed by sex predatory 
  4.8   offenders who are about to be released from confinement. 
  4.9      (b) Each committee shall be a standing committee and shall 
  4.10  consist of the following members appointed by the commissioner: 
  4.11     (1) the chief executive officer or head of the correctional 
  4.12  or treatment facility where the offender is currently confined, 
  4.13  or that person's designee; 
  4.14     (2) a law enforcement officer; 
  4.15     (3) a treatment professional who is trained in the 
  4.16  assessment of sex offenders; 
  4.17     (4) a caseworker experienced in supervising sex offenders; 
  4.18  and 
  4.19     (5) a victim's services professional. 
  4.20     Members of the committee, other than the facility's chief 
  4.21  executive officer or head, shall be appointed by the 
  4.22  commissioner to two-year terms.  The chief executive officer or 
  4.23  head of the facility or designee shall act as chair of the 
  4.24  committee and shall use the facility's staff, as needed, to 
  4.25  administer the committee, obtain necessary information from 
  4.26  outside sources, and prepare risk assessment reports on 
  4.27  offenders. 
  4.28     (c) The committee shall have access to the following data 
  4.29  on a sex predatory offender only for the purposes of its 
  4.30  assessment and to defend the committee's risk assessment 
  4.31  determination upon administrative review under this section: 
  4.32     (1) private medical data under section 13.42 or 144.335, or 
  4.33  welfare data under section 13.46 that relate to medical 
  4.34  treatment of the offender; 
  4.35     (2) private and confidential court services data under 
  4.36  section 13.84; 
  5.1      (3) private and confidential corrections data under section 
  5.2   13.85; and 
  5.3      (4) private criminal history data under section 13.87. 
  5.4      Data collected and maintained by the committee under this 
  5.5   paragraph may not be disclosed outside the committee, except as 
  5.6   provided under section 13.05, subdivision 3 or 4.  The sex 
  5.7   predatory offender has access to data on the offender collected 
  5.8   and maintained by the committee, unless the data are 
  5.9   confidential data received under this paragraph. 
  5.10     (d)(i) Except as otherwise provided in item (ii), at least 
  5.11  90 days before a sex predatory offender is to be released from 
  5.12  confinement, the commissioner of corrections shall convene the 
  5.13  appropriate end-of-confinement review committee for the purpose 
  5.14  of assessing the risk presented by the offender and determining 
  5.15  the risk level to which the offender shall be assigned under 
  5.16  paragraph (e).  The offender and the law enforcement agency that 
  5.17  was responsible for the charge resulting in confinement shall be 
  5.18  notified of the time and place of the committee's meeting.  The 
  5.19  offender has a right to be present and be heard at the meeting.  
  5.20  The law enforcement agency may provide material in writing that 
  5.21  is relevant to the offender's risk level to the chair of the 
  5.22  committee.  The committee shall use the risk factors described 
  5.23  in paragraph (g) and the risk assessment scale developed under 
  5.24  subdivision 2 to determine the offender's risk assessment score 
  5.25  and risk level.  Offenders scheduled for release from 
  5.26  confinement shall be assessed by the committee established at 
  5.27  the facility from which the offender is to be released.  
  5.28     (ii) If an offender is received for confinement in a 
  5.29  facility with less than 90 days remaining in the offender's term 
  5.30  of confinement, the offender's risk shall be assessed at the 
  5.31  first regularly scheduled end of confinement review committee 
  5.32  that convenes after the appropriate documentation for the risk 
  5.33  assessment is assembled by the committee.  The commissioner 
  5.34  shall make reasonable efforts to ensure that offender's risk is 
  5.35  assessed and a risk level is assigned or reassigned at least 30 
  5.36  days before the offender's release date. 
  6.1      (e) The committee shall assign to risk level I a sex 
  6.2   predatory offender whose risk assessment score indicates a low 
  6.3   risk of reoffense.  The committee shall assign to risk level II 
  6.4   an offender whose risk assessment score indicates a moderate 
  6.5   risk of reoffense.  The committee shall assign to risk level III 
  6.6   an offender whose risk assessment score indicates a high risk of 
  6.7   reoffense. 
  6.8      (f) Before the sex predatory offender is released from 
  6.9   confinement, the committee shall prepare a risk assessment 
  6.10  report which specifies the risk level to which the offender has 
  6.11  been assigned and the reasons underlying the committee's risk 
  6.12  assessment decision.  The committee shall give the report to the 
  6.13  offender and to the law enforcement agency at least 60 days 
  6.14  before an offender is released from confinement.  If the risk 
  6.15  assessment is performed under the circumstances described in 
  6.16  paragraph (d), item (ii), the report shall be given to the 
  6.17  offender and the law enforcement agency as soon as it is 
  6.18  available.  The committee also shall inform the offender of the 
  6.19  availability of review under subdivision 6. 
  6.20     (g) As used in this subdivision, "risk factors" includes, 
  6.21  but is not limited to, the following factors: 
  6.22     (1) the seriousness of the offense should the offender 
  6.23  reoffend.  This factor includes consideration of the following:  
  6.24     (i) the degree of likely force or harm; 
  6.25     (ii) the degree of likely physical contact; and 
  6.26     (iii) the age of the likely victim; 
  6.27     (2) the offender's prior offense history.  This factor 
  6.28  includes consideration of the following: 
  6.29     (i) the relationship of prior victims to the offender; 
  6.30     (ii) the number of prior offenses or victims; 
  6.31     (iii) the duration of the offender's prior offense history; 
  6.32     (iv) the length of time since the offender's last prior 
  6.33  offense while the offender was at risk to commit offenses; and 
  6.34     (v) the offender's prior history of other antisocial acts; 
  6.35     (3) the offender's characteristics.  This factor includes 
  6.36  consideration of the following:  
  7.1      (i) the offender's response to prior treatment efforts; and 
  7.2      (ii) the offender's history of substance abuse; 
  7.3      (4) the availability of community supports to the offender. 
  7.4   This factor includes consideration of the following: 
  7.5      (i) the availability and likelihood that the offender will 
  7.6   be involved in therapeutic treatment; 
  7.7      (ii) the availability of residential supports to the 
  7.8   offender, such as a stable and supervised living arrangement in 
  7.9   an appropriate location; 
  7.10     (iii) the offender's familial and social relationships, 
  7.11  including the nature and length of these relationships and the 
  7.12  level of support that the offender may receive from these 
  7.13  persons; and 
  7.14     (iv) the offender's lack of education or employment 
  7.15  stability; 
  7.16     (5) whether the offender has indicated or credible evidence 
  7.17  in the record indicates that the offender will reoffend if 
  7.18  released into the community; and 
  7.19     (6) whether the offender demonstrates a physical condition 
  7.20  that minimizes the risk of reoffense, including but not limited 
  7.21  to, advanced age or a debilitating illness or physical condition.
  7.22     (h) Upon the request of the law enforcement agency or the 
  7.23  offender's corrections agent, the commissioner may reconvene the 
  7.24  end-of-confinement review committee for the purpose of 
  7.25  reassessing the risk level to which an offender has been 
  7.26  assigned under paragraph (e).  In a request for a reassessment, 
  7.27  the law enforcement agency which was responsible for the charge 
  7.28  resulting in confinement or agent shall list the facts and 
  7.29  circumstances arising after the initial assignment or facts and 
  7.30  circumstances known to law enforcement or the agent but not 
  7.31  considered by the committee under paragraph (e) which support 
  7.32  the request for a reassessment.  The request for reassessment 
  7.33  must occur within 30 days of receipt of the report indicating 
  7.34  the offender's risk level assignment.  Upon review of the 
  7.35  request, the end-of-confinement review committee may reassign an 
  7.36  offender to a different risk level.  If the offender is 
  8.1   reassigned to a higher risk level, the offender has the right to 
  8.2   seek review of the committee's determination under subdivision 6.
  8.3      (i) An offender may request the end-of-confinement review 
  8.4   committee to reassess the offender's assigned risk level after 
  8.5   two three years have elapsed since the committee's initial risk 
  8.6   assessment and may renew the request once every two years 
  8.7   following subsequent denials.  In a request for reassessment, 
  8.8   the offender shall list the facts and circumstances which 
  8.9   demonstrate that the offender no longer poses the same degree of 
  8.10  risk to the community.  The committee shall follow the process 
  8.11  outlined in paragraphs (a) to (e), and (g) in the reassessment.  
  8.12  An offender who is incarcerated may not request a reassessment 
  8.13  under this paragraph. 
  8.14     (j) The commissioner shall establish an end-of-confinement 
  8.15  review committee to assign a risk level to offenders who are 
  8.16  released from a federal correctional facility in Minnesota or 
  8.17  another state and who intend to reside in Minnesota, and to 
  8.18  offenders accepted from another state under a reciprocal 
  8.19  agreement for parole supervision under the interstate compact 
  8.20  authorized by section 243.16.  The committee shall make 
  8.21  reasonable efforts to conform to the same timelines as applied 
  8.22  to Minnesota cases.  Offenders accepted from another state under 
  8.23  a reciprocal agreement for probation supervision are not 
  8.24  assigned a risk level, but are considered downward dispositional 
  8.25  departures.  The probation or court services officer and law 
  8.26  enforcement officer shall manage such cases in accordance with 
  8.27  section 244.10, subdivision 2a.  The policies and procedures of 
  8.28  the committee for federal offenders and interstate compact cases 
  8.29  must be in accordance with all requirements as set forth in this 
  8.30  section, unless restrictions caused by the nature of federal or 
  8.31  interstate transfers prevents such conformance. 
  8.32     (k) If the committee assigns a sex predatory offender to 
  8.33  risk level III, the committee shall determine whether residency 
  8.34  restrictions shall be included in the conditions of the 
  8.35  offender's release based on the offender's pattern of offending 
  8.36  behavior. 
  9.1      Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
  9.2   INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
  9.3   area where the sex predatory offender resides, expects to 
  9.4   reside, is employed, or is regularly found, shall disclose to 
  9.5   the public any information regarding the offender contained in 
  9.6   the report forwarded to the agency under subdivision 3, 
  9.7   paragraph (f), that is relevant and necessary to protect the 
  9.8   public and to counteract the offender's dangerousness, 
  9.9   consistent with the guidelines in paragraph (b).  The extent of 
  9.10  the information disclosed and the community to whom disclosure 
  9.11  is made must relate to the level of danger posed by the 
  9.12  offender, to the offender's pattern of offending behavior, and 
  9.13  to the need of community members for information to enhance 
  9.14  their individual and collective safety. 
  9.15     (b) The law enforcement agency shall employ the following 
  9.16  guidelines in determining the scope of disclosure made under 
  9.17  this subdivision: 
  9.18     (1) if the offender is assigned to risk level I, the agency 
  9.19  may maintain information regarding the offender within the 
  9.20  agency and may disclose it to other law enforcement agencies.  
  9.21  Additionally, the agency may disclose the information to any 
  9.22  victims of or witnesses to the offense committed by the 
  9.23  offender. The agency shall disclose the information to victims 
  9.24  of the offense committed by the offender who have requested 
  9.25  disclosure; 
  9.26     (2) if the offender is assigned to risk level II, the 
  9.27  agency also may disclose the information to agencies and groups 
  9.28  that the offender is likely to encounter for the purpose of 
  9.29  securing those institutions and protecting individuals in their 
  9.30  care while they are on or near the premises of the institution.  
  9.31  These agencies and groups include the staff members of public 
  9.32  and private educational institutions, day care establishments, 
  9.33  and establishments and organizations that primarily serve 
  9.34  individuals likely to be victimized by the offender.  The agency 
  9.35  also may disclose the information to individuals the agency 
  9.36  believes are likely to be victimized by the offender.  The 
 10.1   agency's belief shall be based on the offender's pattern of 
 10.2   offending or victim preference as documented in the information 
 10.3   provided by the department of corrections or human services; 
 10.4      (3) if the offender is assigned to risk level III, the 
 10.5   agency shall disclose the information to the persons and 
 10.6   entities described in clauses (1) and (2) and to other members 
 10.7   of the community whom the offender is likely to encounter, 
 10.8   unless the law enforcement agency determines that public safety 
 10.9   would be compromised by the disclosure or that a more limited 
 10.10  disclosure is necessary to protect the identity of the victim. 
 10.11     Notwithstanding the assignment of a sex predatory offender 
 10.12  to risk level II or III, a law enforcement agency may not make 
 10.13  the disclosures permitted or required by clause (2) or (3), if:  
 10.14  the offender is placed or resides in a residential facility.  
 10.15  However, if an offender is placed or resides in a residential 
 10.16  facility, the offender and the head of the facility shall 
 10.17  designate the offender's likely residence upon release from the 
 10.18  facility and the head of the facility shall notify the 
 10.19  commissioner of corrections or the commissioner of human 
 10.20  services of the offender's likely residence at least 14 days 
 10.21  before the offender's scheduled release date.  The commissioner 
 10.22  shall give this information to the law enforcement agency having 
 10.23  jurisdiction over the offender's likely residence.  The head of 
 10.24  the residential facility also shall notify the commissioner of 
 10.25  corrections or human services within 48 hours after finalizing 
 10.26  the offender's approved relocation plan to a permanent 
 10.27  residence.  Within five days after receiving this notification, 
 10.28  the appropriate commissioner shall give to the appropriate law 
 10.29  enforcement agency all relevant information the commissioner has 
 10.30  concerning the offender, including information on the risk 
 10.31  factors in the offender's history and the risk level to which 
 10.32  the offender was assigned.  After receiving this information, 
 10.33  the law enforcement agency shall make the disclosures permitted 
 10.34  or required by clause (2) or (3), as appropriate. 
 10.35     (c) As used in paragraph (b), clauses (2) and (3), "likely 
 10.36  to encounter" means that:  
 11.1      (1) the organizations or community members are in a 
 11.2   location or in close proximity to a location where the offender 
 11.3   lives or is employed, or which the offender visits or is likely 
 11.4   to visit on a regular basis, other than the location of the 
 11.5   offender's outpatient treatment program; and 
 11.6      (2) the types of interaction which ordinarily occur at that 
 11.7   location and other circumstances indicate that contact with the 
 11.8   offender is reasonably certain. 
 11.9      (d) A law enforcement agency or official who discloses 
 11.10  information under this subdivision shall make a good faith 
 11.11  effort to make the notification within 14 days of receipt of a 
 11.12  confirmed address from the department of corrections indicating 
 11.13  that the offender will be, or has been, released from 
 11.14  confinement, or accepted for supervision, or has moved to a new 
 11.15  address and will reside at the address indicated.  If a change 
 11.16  occurs in the release plan, this notification provision does not 
 11.17  require an extension of the release date.  
 11.18     (e) A law enforcement agency or official who discloses 
 11.19  information under this subdivision shall not disclose the 
 11.20  identity or any identifying characteristics of the victims of or 
 11.21  witnesses to the offender's offenses. 
 11.22     (f) A law enforcement agency shall continue to disclose 
 11.23  information on an offender as required by this subdivision for 
 11.24  as long as the offender is required to register under section 
 11.25  243.166. 
 11.26     Subd. 4a.  [LEVEL III OFFENDERS; LOCATION OF RESIDENCE.] 
 11.27  When an offender assigned to risk level III is released from 
 11.28  confinement or a residential facility to reside in the community 
 11.29  or changes residence while on supervised or conditional release, 
 11.30  the agency responsible for the offender's supervision shall take 
 11.31  into consideration the proximity of the offender's residence to 
 11.32  that of other level III offenders and, to the greatest extent 
 11.33  feasible, shall mitigate the concentration of level III 
 11.34  offenders. 
 11.35     Subd. 5.  [RELEVANT INFORMATION PROVIDED TO LAW 
 11.36  ENFORCEMENT.] At least 60 days before a sex offender is released 
 12.1   from confinement, the department of corrections or the 
 12.2   department of human services, in the case of a person who was 
 12.3   committed under section 253B.185 or Minnesota Statutes 1992, 
 12.4   section 526.10, shall give to the law enforcement agency that 
 12.5   investigated the offender's crime of conviction or, where 
 12.6   relevant, the law enforcement agency having primary jurisdiction 
 12.7   where the offender was committed, all relevant information that 
 12.8   the departments have concerning the offender, including 
 12.9   information on risk factors in the offender's history.  Within 
 12.10  five days after receiving the offender's approved release plan 
 12.11  from the hearings and release unit, the appropriate department 
 12.12  shall give to the law enforcement agency having primary 
 12.13  jurisdiction where the offender plans to reside all relevant 
 12.14  information the department has concerning the offender, 
 12.15  including information on risk factors in the offender's history 
 12.16  and the risk level to which the offender was assigned.  If the 
 12.17  offender's risk level was assigned under the circumstances 
 12.18  described in subdivision 3, paragraph (d), item (ii), the 
 12.19  appropriate department shall give the law enforcement agency all 
 12.20  relevant information that the department has concerning the 
 12.21  offender, including information on the risk factors in the 
 12.22  offender's history and the offender's risk level within five 
 12.23  days of the risk level assignment or reassignment. 
 12.24     Subd. 6.  [ADMINISTRATIVE REVIEW.] (a) An offender assigned 
 12.25  or reassigned to risk level II or III under subdivision 3, 
 12.26  paragraph (e) or (h), has the right to seek administrative 
 12.27  review of an end-of-confinement review committee's risk 
 12.28  assessment determination.  The offender must exercise this right 
 12.29  within 14 days of receiving notice of the committee's decision 
 12.30  by notifying the chair of the committee.  Upon receiving the 
 12.31  request for administrative review, the chair shall notify:  (1) 
 12.32  the offender; (2) the victim or victims of the offender's 
 12.33  offense who have requested disclosure or their designee; (3) the 
 12.34  law enforcement agency that investigated the offender's crime of 
 12.35  conviction or, where relevant, the law enforcement agency having 
 12.36  primary jurisdiction where the offender was committed; (4) the 
 13.1   law enforcement agency having jurisdiction where the offender 
 13.2   expects to reside, providing that the release plan has been 
 13.3   approved by the hearings and release unit of the department of 
 13.4   corrections; and (5) any other individuals the chair may 
 13.5   select.  The notice shall state the time and place of the 
 13.6   hearing.  A request for a review hearing shall not interfere 
 13.7   with or delay the notification process under subdivision 4 or 5, 
 13.8   unless the administrative law judge orders otherwise for good 
 13.9   cause shown. 
 13.10     (b) An offender who requests a review hearing must be given 
 13.11  a reasonable opportunity to prepare for the hearing.  The review 
 13.12  hearing shall be conducted on the record before an 
 13.13  administrative law judge.  The review hearing shall be conducted 
 13.14  at the correctional facility in which the offender is currently 
 13.15  confined.  If the offender no longer is incarcerated, the 
 13.16  administrative law judge shall determine the place where the 
 13.17  review hearing will be conducted.  The offender has the burden 
 13.18  of proof to show, by a preponderance of the evidence, that the 
 13.19  end-of-confinement review committee's risk assessment 
 13.20  determination was erroneous.  The attorney general or a designee 
 13.21  shall defend the end-of-confinement review committee's 
 13.22  determination.  The offender has the right to be present and be 
 13.23  represented by counsel at the hearing, to present evidence in 
 13.24  support of the offender's position, to call supporting witnesses 
 13.25  and to cross-examine witnesses testifying in support of the 
 13.26  committee's determination.  Counsel for indigent offenders shall 
 13.27  be provided by the Legal Advocacy Project of the state public 
 13.28  defender's office.  
 13.29     (c) After the hearing is concluded, the administrative law 
 13.30  judge shall decide whether the end-of-confinement review 
 13.31  committee's risk assessment determination was erroneous and, 
 13.32  based on this decision, shall either uphold or modify the review 
 13.33  committee's determination.  The judge's decision shall be in 
 13.34  writing and shall include the judge's reasons for the decision.  
 13.35  The judge's decision shall be final and a copy of it shall be 
 13.36  given to the offender, the victim, the law enforcement agency, 
 14.1   and the chair of the end-of-confinement review committee. 
 14.2      (d) The review hearing is subject to the contested case 
 14.3   provisions of chapter 14. 
 14.4      (e) The administrative law judge may seal any portion of 
 14.5   the record of the administrative review hearing to the extent 
 14.6   necessary to protect the identity of a victim of or witness to 
 14.7   the offender's offense. 
 14.8      Subd. 7.  [IMMUNITY FROM LIABILITY.] (a) A state or local 
 14.9   agency or official, or a private organization or individual 
 14.10  authorized to act on behalf of a state or local agency or 
 14.11  official, is not civilly or criminally liable for disclosing or 
 14.12  failing to disclose information as permitted by this section.  
 14.13     (b) A state or local agency or official, or a private 
 14.14  organization or individual authorized to act on behalf of a 
 14.15  state or local agency or official, is not civilly liable for 
 14.16  failing to disclose information under this section. 
 14.17     (c) A state or local agency or official, or a private 
 14.18  organization or individual authorized to act on behalf of a 
 14.19  state or local agency or official, is not civilly liable for 
 14.20  disclosing information as permitted by this section.  However, 
 14.21  this paragraph applies only to disclosure of information that is 
 14.22  consistent with the offender's conviction history.  It does not 
 14.23  apply to disclosure of information relating to conduct for which 
 14.24  the offender was not convicted. 
 14.25     Subd. 8.  [LIMITATION ON SCOPE.] Nothing in this section 
 14.26  imposes a duty upon a person licensed under chapter 82, or an 
 14.27  employee of the person, to disclose information regarding an 
 14.28  offender who is required to register under section 243.166, or 
 14.29  about whom notification is made under this section. 
 14.30     Sec. 3.  Minnesota Statutes 1998, section 244.10, 
 14.31  subdivision 2a, is amended to read: 
 14.32     Subd. 2a.  [NOTICE OF INFORMATION REGARDING SEX PREDATORY 
 14.33  OFFENDERS.] (a) Subject to paragraph (b), in any case in which a 
 14.34  person is convicted of an offense which requires registration 
 14.35  under section 243.166, subdivision 1, and the presumptive 
 14.36  sentence under the sentencing guidelines is commitment to the 
 15.1   custody of the commissioner of corrections, if the court grants 
 15.2   a dispositional departure and stays imposition or execution of 
 15.3   sentence, the probation or court services officer who is 
 15.4   assigned to supervise the offender shall provide in writing to 
 15.5   the following the fact that the offender is on probation and the 
 15.6   terms and conditions of probation: 
 15.7      (1) a victim of and any witnesses to the offense committed 
 15.8   by the offender, if the victim or the witness has requested 
 15.9   notice; and 
 15.10     (2) the chief law enforcement officer in the area where the 
 15.11  offender resides or intends to reside. 
 15.12     The law enforcement officer, in consultation with the 
 15.13  offender's probation officer, may provide all or part of this 
 15.14  information to any of the following agencies or groups the 
 15.15  offender is likely to encounter:  public and private educational 
 15.16  institutions, day care establishments, and establishments or 
 15.17  organizations that primarily serve individuals likely to be 
 15.18  victimized by the offender. 
 15.19     The probation officer is not required under this 
 15.20  subdivision to provide any notice while the offender is placed 
 15.21  or resides in a residential facility that is licensed under 
 15.22  section 245A.02, subdivision 14, or 241.021, if the facility 
 15.23  staff is trained in the supervision of sex offenders. 
 15.24     (b) Paragraph (a) applies only to offenders required to 
 15.25  register under section 243.166, as a result of the conviction. 
 15.26     (c) The notice authorized by paragraph (a) shall be limited 
 15.27  to data classified as public under section 13.84, subdivision 6, 
 15.28  unless the offender provides informed consent to authorize the 
 15.29  release of nonpublic data or unless a court order authorizes the 
 15.30  release of nonpublic data. 
 15.31     (c) (d) Nothing in this subdivision shall be interpreted to 
 15.32  impose a duty on any person to use any information regarding an 
 15.33  offender about whom notification is made under this subdivision. 
 15.34     Sec. 4.  [EFFECTIVE DATE.] 
 15.35     Section 1 is effective July 1, 2000, and applies to 
 15.36  offenders currently registered under Minnesota Statutes, section 
 16.1   243.166, and to offenders who are required to register under 
 16.2   Minnesota Statutes, section 243.166, on or after that date.  
 16.3   Sections 2 and 3 are effective July 1, 2000, and apply to 
 16.4   persons released from confinement or sentenced on or after that 
 16.5   date.