HF 4881

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/16/2022 09:11am

A bill for an act
relating to public safety; requiring data collection and analysis of the state's
predatory offender system; requiring a report; amending Minnesota Statutes 2020,
sections 13.82, by adding a subdivision; 243.166, subdivision 7, by adding a
subdivision; 244.09, by adding a subdivision; 260B.198, subdivision 7.

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

Section 1.

Minnesota Statutes 2020, section 13.82, is amended by adding a subdivision
to read:

new text begin Subd. 33. new text end

new text begin Predatory offender data collected by the Sentencing Guidelines
Commission. new text end

new text begin Data on registered predatory offenders collected by the Sentencing Guidelines
Commission under section 244.09, subdivision 15, are governed by that subdivision.
new text end

Sec. 2.

Minnesota Statutes 2020, section 243.166, subdivision 7, is amended to read:

Subd. 7.

Use of data.

(a) Except as otherwise provided in subdivision 4b or 7a or sections
244.052 and 299C.093, the data provided under this section is private data on individuals
under section 13.02, subdivision 12.

(b) The data may be used only by law enforcement and corrections agencies for law
enforcement and corrections purposes. Law enforcement or a corrections agent may disclose
the status of an individual as a predatory offender to a child protection worker with a local
welfare agency for purposes of doing a family assessment under chapter 260E. A corrections
agent may also disclose the status of an individual as a predatory offender to comply with
section 244.057.

(c) The commissioner of human services is authorized to have access to the data for:

(1) state-operated services, as defined in section 246.014, for the purposes described in
section 246.13, subdivision 2, paragraph (b); and

(2) purposes of completing background studies under chapter 245C.

new text begin (d) The Sentencing Guidelines Commission may access the data for the purposes
described in section 244.09, subdivision 15.
new text end

Sec. 3.

Minnesota Statutes 2020, section 243.166, is amended by adding a subdivision to
read:

new text begin Subd. 12. new text end

new text begin Data collection. new text end

new text begin (a) The commissioner shall establish procedures to ensure
that all actions in which not public data, as defined in section 13.02, subdivision 8a, provided
under this section is accessed, shared, or disseminated are recorded in a data audit trail. The
audit trail must record:
new text end

new text begin (1) the name of the agency that employs the person who accessed the data;
new text end

new text begin (2) the date the data was accessed; and
new text end

new text begin (3) the names of offenders associated with records reviewed by the authorized user.
new text end

new text begin (b) For each time an authorized user accesses the data, the commissioner shall submit
a request to the agency that employs the user who accessed the data no sooner than three
months after the date of access for the following information:
new text end

new text begin (1) the purpose for accessing the data, including the nature of any criminal activity that
prompted use of the registry;
new text end

new text begin (2) whether data unique to the registry was used to investigate a crime and resulted in
clearing, apprehending a suspect, or criminal charges being pursued against a suspect for a
predatory or other offense; and
new text end

new text begin (3) if there is data responsive to clause (2), whether the crime was a predatory crime and
the level of that crime.
new text end

new text begin (c) An agency that receives a request under this section shall reply on a paper or electronic
form created by the commissioner for this purpose.
new text end

new text begin (d) If an agency receives a request under this section and the case remains open, the
agency obligation to reply to the commissioner's request is ongoing and must be fulfilled
within 60 days of the agency closing the case.
new text end

new text begin (e) Data collected, created, received, or disseminated pursuant to this subdivision are
classified as confidential data on individuals, as defined in section 13.02, subdivision 3.
new text end

Sec. 4.

Minnesota Statutes 2020, section 244.09, is amended by adding a subdivision to
read:

new text begin Subd. 15. new text end

new text begin Predatory offender data collection; report. new text end

new text begin (a) The Sentencing Guidelines
Commission shall collect data on offenders required to register as predatory offenders and
data created under section 243.166, subdivision 12, as required under this subdivision. The
purpose of the data collection is for the legislature to assess the effectiveness of the predatory
offender registry in solving crimes.
new text end

new text begin (b) The commission, in coordination with the state court administrator, the commissioner
of corrections, and the Bureau of Criminal Apprehension, shall collect the following data
related to predatory offenders and the predatory offender registry:
new text end

new text begin (1) the offense that required each offender to register;
new text end

new text begin (2) the total number of offenders who have to extend their original registration period
for any reason and how far into their registration period the offenders were when the
registration period was extended;
new text end

new text begin (3) the number of offenders who have to extend their registration period for a new
conviction including both for an additional registerable offense and a new conviction resulting
in imprisonment, including identifying the level of each offense and if an offense is a
predatory offense under section 243.166, subdivision 1b;
new text end

new text begin (4) the number of offenders who have to extend their registration period for a new sex
offense or an abduction with the offenses sorted by adult and child victims;
new text end

new text begin (5) the number of offenders who have to extend their registration period due to a failure
to comply with the registration requirements;
new text end

new text begin (6) the number of offenders who are juveniles or began their registration period when
they were juveniles;
new text end

new text begin (7) the total number of juveniles who have been ordered to register since 1991;
new text end

new text begin (8) the criminal histories of registered offenders; and
new text end

new text begin (9) any other data relevant to the purpose set forth in paragraph (a).
new text end

new text begin (c) Data on offenders collected by the commission under this subdivision are classified
as private data on individuals, as defined in section 13.02, subdivision 12, except that any
data collected under this subdivision which are classified as confidential data on individuals
retain that classification.
new text end

new text begin (d) The commission shall include in its annual report to the legislature a report containing
summary data, as defined in section 13.02, subdivision 19, derived from the predatory
offender data collected pursuant to this subdivision.
new text end

Sec. 5.

Minnesota Statutes 2020, section 260B.198, subdivision 7, is amended to read:

Subd. 7.

Continuance.

(a) When it is in the best interests of the child to do so and not
inimical to public safety and when the child has admitted the allegations contained in the
petition before the judge or referee, or when a hearing has been held as provided for in
section 260B.163 and the allegations contained in the petition have been duly proven but,
in either case, before a finding of delinquency has been entered, the court may continue the
case for a period not to exceed 180 days on any one order. new text begin Except as otherwise provided in
paragraph (c), new text end the continuance may be extended for one additional successive period not to
exceed 180 days, but only with the consent of the prosecutor and only after the court has
reviewed the case and entered its order for the additional continuance without a finding of
delinquency. During a continuance the court may enter an order in accordance with the
provisions of subdivision 1, except clause (4), or enter an order to hold the child in detention
for a period not to exceed 15 days on any one order for the purpose of completing any
consideration, or any investigation or examination ordered in accordance with the provisions
of section 260B.157.

(b) A prosecutor may appeal a continuance ordered in contravention of this subdivision.
This subdivision does not extend the court's jurisdiction under section 260B.193 and does
not apply to an extended jurisdiction juvenile proceeding.

new text begin (c) A continuance granted under paragraph (a) for a violation of section 609.342; 609.343;
609.344; 609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23, or another offense
arising out of a delinquency petition based on one or more of those sections that would
require the child to register as a predatory offender under section 243.166 may be extended
for additional successive periods not to exceed a total of 24 months so the offender can
receive sex offender treatment, but only with the consent of the prosecutor and only after
the court has reviewed the case and entered its order for the additional continuance without
a finding of delinquency.
new text end