HF 4020

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/20/2024 12:22pm

A bill for an act
relating to public safety; modifying registration and verification process for
individuals required to register as predatory offenders; amending Minnesota Statutes
2022, section 243.166, subdivisions 1a, 3, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 243.166, subdivision 1a, is amended to read:

Subd. 1a.

Definitions.

(a) As used in this section, unless the context clearly indicates
otherwise, the following terms have the meanings given them.

(b) "Bureau" means the Bureau of Criminal Apprehension.

new text begin (c) "Conservator" has the meaning given in chapter 524.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end "Corrections agent" means a county or state probation agent or other corrections
employee. The term also includes United States Probation and Pretrial Services System
employees who work with a person subject to this section.

deleted text begin (d) deleted text end new text begin (e) new text end "Dwelling" means the building where the person lives under a formal or informal
agreement to do so. However, dwelling does not include a supervised publicly or privately
operated shelter or facility designed to provide temporary living accommodations for
homeless individuals as defined in section 116L.361, subdivision 5.

new text begin (f) "Guardian" has the meaning given in chapter 524.
new text end

deleted text begin (e) deleted text end new text begin (g) new text end "Incarceration" and "confinement" do not include electronic home monitoring.

deleted text begin (f) deleted text end new text begin (h) new text end "Law enforcement authority" or "authority" means the chief of police of a home
rule charter or statutory city and the county sheriff of an unincorporated area in that county.
An authority must be located in Minnesota.

deleted text begin (g) deleted text end new text begin (i) new text end "Motor vehicle" has the meaning given in section 169.011, subdivision 92.

new text begin (j) "Power of attorney" has the meaning given in chapter 523.
new text end

deleted text begin (h) deleted text end new text begin (k) new text end "Primary address" means the mailing address of the person's dwelling. If the
mailing address is different from the actual location of the dwelling, primary address also
includes the physical location of the dwelling described with as much specificity as possible.

deleted text begin (i) deleted text end new text begin (l) new text end "School" includes any public or private educational institution, including any
secondary school, trade, or professional institution, or institution of higher education, that
the person is enrolled in on a full-time or part-time basis.

deleted text begin (j) deleted text end new text begin (m) new text end "Secondary address" means the mailing address of any place where the person
regularly or occasionally stays overnight when not staying at the person's primary address.
If the mailing address is different from the actual location of the place, secondary address
also includes the physical location of the place described with as much specificity as possible.
However, the location of a supervised publicly or privately operated shelter or facility
designated to provide temporary living accommodations for homeless individuals as defined
in section 116L.361, subdivision 5, does not constitute a secondary address.

deleted text begin (k) deleted text end new text begin (n) new text end "Treatment facility" means a residential facility, as defined in section 244.052,
subdivision 1, and residential substance use disorder 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.

deleted text begin (l) deleted text end new text begin (o) new text end "Work" includes employment that is full time or part time for a period of time
exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar
year, whether financially compensated, volunteered, or for the purpose of government or
educational benefit.

Sec. 2.

Minnesota Statutes 2022, section 243.166, subdivision 3, is amended to read:

Subd. 3.

Registration procedure.

(a) Except as provided in subdivision 3a, a person
required to register under this section shall register with the corrections agent as soon as
the agent is assigned to the person. If the person does not have an assigned corrections agent
or is unable to locate the assigned corrections agent, the person shall register with the law
enforcement authority that has jurisdiction in the area of the person's primary address.

(b) Except as provided in subdivision 3a, at least five days before the person starts living
at a new primary address, including living in another state, the person shall give written
notice of the new primary address to the assigned corrections agent or to the law enforcement
authority with which the person currently is registered. If the person will be living in a new
state and that state has a registration requirement, the person shall also give written notice
of the new address to the designated registration agency in the new state. A person required
to register under this section shall also give written notice to the assigned corrections agent
or to the law enforcement authority that has jurisdiction in the area of the person's primary
address that the person is no longer living or staying at an address, immediately after the
person is no longer living or staying at that address. The written notice required by this
paragraph must be provided in person. The corrections agent or law enforcement authority
shall, within two business days after receipt of this information, forward it to the bureau.
The bureau shall, if it has not already been done, notify the law enforcement authority having
primary jurisdiction in the community where the person will live of the new address. If the
person is leaving the state, the bureau shall notify the registration authority in the new state
of the new address. The person's registration requirements under this section are suspended
after the person begins living in the new state and the bureau has confirmed the address in
the other state through the annual verification process on at least one occasion. new text begin The bureau
may also attempt to confirm the person's address in the other state by the following methods:
new text end

new text begin (1) receipt of a verification letter from the law enforcement authority having primary
jurisdiction in the community where the person is now living, acknowledging the person's
address;
new text end

new text begin (2) receipt of a written communication or verification letter from a criminal justice
agency confirming the person's location;
new text end

new text begin (3) confirmation of the individual's compliance with registration requirements or
incarceration status in the new state via an online registry or website, if applicable; or
new text end

new text begin (4) confirmation of the individual's motor vehicle records under United States Code,
title 18, section 2721, in the new state via the new state's documentation.
new text end

new text begin The bureau is the sole determinant as to whether the information provided by any of the
methods in clauses (1) to (3) is sufficient for verification purposes and may use more than
one of these methods to satisfy the verification requirement. For purposes of this subdivision,
"criminal justice agency" means an agency of a state, a political subdivision, a federally
recognized Tribe, a United States territory, or the federal government charged with detection,
enforcement, prosecution, adjudication, or incarceration with respect to federal or state
criminal laws. new text end The person's registration requirements under this section are reactivated if
the person resumes living in Minnesota and the registration time period described in
subdivision 6 has not expired.

(c) A person required to register under subdivision 1b, paragraph (b), because the person
is working or attending school in Minnesota shall register with the law enforcement authority
that has jurisdiction in the area where the person works or attends school. In addition to
other information required by this section, the person shall provide the address of the school
or of the location where the person is employed. A person shall comply with this paragraph
within five days of beginning employment or school. A person's obligation to register under
this paragraph terminates when the person is no longer working or attending school in
Minnesota.

(d) A person required to register under this section who works or attends school outside
of Minnesota shall register as a predatory offender in the state where the person works or
attends school. The person's corrections agent, or if the person does not have an assigned
corrections agent, the law enforcement authority that has jurisdiction in the area of the
person's primary address shall notify the person of this requirement.

Sec. 3.

Minnesota Statutes 2022, section 243.166, is amended by adding a subdivision to
read:

new text begin Subd. 4d. new text end

new text begin Guardians, conservators, and power of attorney. new text end

new text begin Guardians and conservators
of persons required to register shall have the authority to complete all verification and
registration paperwork under this section and section 243.167 on the person's behalf. A
validly executed power of attorney under chapter 523 grants the attorney in fact the authority
to complete all verification and registration paperwork under this section and section 243.167
on behalf of a person required to register.
new text end