HF 386

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

A bill for an act
relating to crime prevention; requiring that level III
predatory offenders be photographed twice a year;
amending Minnesota Statutes 2004, section 243.166,
subdivision 4.

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

Section 1.

Minnesota Statutes 2004, section 243.166,
subdivision 4, is amended to read:

Subd. 4.

Contents of registration.

(a) The registration
provided to the corrections agent or law enforcement authority,
must consist of a statement in writing signed by the person,
giving information required by the Bureau of Criminal
Apprehension, a fingerprint card, and photograph of the person
taken at the time of the person's release from incarceration or,
if the person was not incarcerated, at the time the person
initially registered under this section. The registration
information also must include a written consent form signed by
the person allowing a treatment facility to release information
to a law enforcement officer about the person's admission to, or
residence in, a treatment facility. Registration information on
adults and juveniles may be maintained together notwithstanding
section 260B.171, subdivision 3.

(b) For persons required to register under subdivision 1,
paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States, in addition to other information
required by this section, the registration provided to the
corrections agent or law enforcement authority must include the
person's offense history and documentation of treatment received
during the person's commitment. This documentation shall be
limited to a statement of how far the person progressed in
treatment during commitment.

(c) Within three days of receipt, the corrections agent or
law enforcement authority shall forward the registration
information to the Bureau of Criminal Apprehension. The bureau
shall ascertain whether the person has registered with the law
enforcement authority where the person resides. If the person
has not registered with the law enforcement authority, the
bureau shall send one copy to that authority.

(d) The corrections agent or law enforcement authority may
require that a person required to register under this section
appear before the agent or authority to be photographed. The
agent or authority shall forward the photograph to the Bureau of
Criminal Apprehension. new text begin The agent or authority shall require a
person required to register under this section who is classified
as a level III offender under section 244.052 to appear before
the agent or authority at least every six months to be
photographed.
new text end

(e) During the period a person is required to register
under this section, the following shall apply:

(1) The Bureau of Criminal Apprehension shall mail a
verification form to the last reported address of the person's
residence. This verification form shall provide notice to the
offender that, if the offender does not return the verification
form as required, information about the offender may be made
available to the public through electronic, computerized, or
other accessible means.

(2) The person shall mail the signed verification form back
to the Bureau of Criminal Apprehension within ten days after
receipt of the form, stating on the form the current and last
address of the person's residence and the other information
required under subdivision 4a.

(3) If the person fails to mail the completed and signed
verification form to the Bureau of Criminal Apprehension within
ten days after receipt of the form, the person shall be in
violation of this section.

For persons required to register under subdivision 1, paragraph
(c), following commitment pursuant to a court commitment under
section 253B.185 or a similar law of another state or the United
States, the bureau shall comply with clause (1) at least four
times each year. For all other persons required to register
under this section, the bureau shall comply with clause (1) each
year within 30 days of the anniversary date of the person's
initial registration.

(f) When sending out a verification form, the Bureau of
Criminal Apprehension must determine whether the person to whom
the verification form is being sent has signed a written consent
form as provided for in paragraph (a). If the person has not
signed such a consent form, the Bureau of Criminal Apprehension
must send a written consent form to the person along with the
verification form. A person who receives this written consent
form must sign and return it to the Bureau of Criminal
Apprehension at the same time as the verification form.

(g) For the purposes of this subdivision, "treatment
facility" means a residential facility, as defined in section
244.052, subdivision 1, and residential chemical dependency
treatment programs and halfway houses licensed under chapter
245A, including, but not limited to, those facilities directly
or indirectly assisted by any department or agency of the United
States.

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective August 1, 2005.
new text end