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SF 109

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/11/2023 09:26am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; authorizing local units of government to regulate the
placement of certain level III predatory offenders within their communities;
amending Minnesota Statutes 2022, section 244.052, subdivision 4a.


Section 1.

Minnesota Statutes 2022, section 244.052, subdivision 4a, is amended to read:

Subd. 4a.

Level III offenders; location of residence.

(a) When an offender assigned
to risk level III is released from confinement or a residential facility to reside in the
community or changes residence while on supervised or conditional release, the agency
responsible for the offender's supervision shall take into consideration the proximity of the
offender's residence to that of other level III offenders and proximity to schools and, to the
greatest extent feasible, shall mitigate the concentration of level III offenders and
concentration of level III offenders near schools.

(b) If the owner or property manager of a hotel, motel, lodging establishment, or
apartment building has an agreement with an agency that arranges or provides shelter for
victims of domestic abuse, the owner or property manager may not knowingly rent rooms
to both level III offenders and victims of domestic abuse at the same time. If the owner or
property manager has an agreement with an agency to provide housing to domestic abuse
victims and discovers or is informed that a tenant is a level III offender after signing a lease
or otherwise renting to the offender, the owner or property manager may evict the offender.

new text begin (c) Notwithstanding any contrary provision of this section, chapter 253B or 253D, or
any other law, a local governmental unit may, by ordinance, place reasonable residency
location restrictions on level III offenders who have committed offenses involving children
and who are on supervised or conditional release or provisional discharge under chapter
253D. A restriction must be narrowly tailored to address the risk posed based on the pattern
of offending behavior and may not completely preclude the placement of an offender in the
community. In addition, a restriction may not apply to placements at a location where an
offender will receive treatment or where the location is owned, leased, or operated by or on
behalf of the state or federal government.
new text end