SF 403

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:12am

A bill for an act
relating to public safety; prohibiting predatory offenders required to register from
accessing and using social networking Web sites; amending Minnesota Statutes
2008, sections 243.166, subdivisions 1a, 4; 244.05, subdivision 6.

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

Section 1.

Minnesota Statutes 2008, 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.

(c) "Dwelling" means the building where the person lives under a formal or informal
agreement to do so.

(d) "Incarceration" and "confinement" do not include electronic home monitoring.

new text begin (e) "Instant messaging or chat room" means a program that requires a person to
register or create an account, a user name, or a password to become a member or registered
user of the program and allows members or authorized users to communicate over the
Internet in real time using typed text or voice, including programs associated with online
games, and other online communities. The term does not include an electronic mail
(e-mail) or message board program.
new text end

deleted text begin (e) deleted text end new text begin (f) new text end "Law enforcement authority" or "authority" means, with respect to a home
rule charter or statutory city, the chief of police, and with respect to an unincorporated
area, the county sheriff.

deleted text begin (f) deleted text end new text begin (g) new text end "Motor vehicle" has the meaning given in section 169.011, subdivision deleted text begin 92 deleted text end new text begin 42 new text end .

deleted text begin (g) deleted text end new text begin (h) 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 (h) deleted text end new text begin (i) 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 (i) deleted text end new text begin (j) 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.

new text begin (k) "Social networking Web site" means an Internet Web site that has a primary
purpose of facilitating social interaction between two or more persons for the purposes of
friendship, meeting other persons, or information exchanges, and allows users to create
Web pages or profiles that provide information about themselves and are available publicly
or to other users and that offers a mechanism for communication with other users, such as
a forum, chat room, electronic mail, or instant messaging.
new text end

deleted text begin (j) deleted text end new text begin (l) new text end "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.

deleted text begin (k) deleted text end new text begin (m) 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to
predators who are required to register before, on, or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, 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, 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 or residential housing unit or shelter to release information to
a law enforcement officer about the person's admission to, or residence in, a treatment
facility or residential housing unit or shelter. Registration information on adults and
juveniles may be maintained together notwithstanding section 260B.171, subdivision 3.

(b) For persons required to register under subdivision 1b, 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 is 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. The bureau shall ascertain
whether the person has registered with the law enforcement authority in the area of the
person's primary address, if any, or if the person lacks a primary address, where the person
is staying, as required by subdivision 3a. 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.

(1) Except as provided in clause (2), 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.

(2) The requirements of this paragraph shall not apply during any period where
the person to be photographed is: (i) committed to the commissioner of corrections and
incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the
commissioner of human services and receiving treatment in a secure treatment facility.

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

(1) Except for persons registering under subdivision 3a, the bureau shall mail a
verification form to the person's last reported primary address. This verification form must
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. For persons who are registered under
subdivision 3a, the bureau shall mail an annual verification form to the law enforcement
authority where the offender most recently reported. The authority shall provide the
verification form to the person at the next weekly meeting and ensure that the person
completes and signs the form and returns it to the bureau. Notice is sufficient under this
paragraph, if the verification form is sent by first class mail to the person's last reported
primary address, or for persons registered under subdivision 3a, to the law enforcement
authority where the offender most recently reported.

(2) The person shall mail the signed verification form back to the bureau 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) In addition to the requirements listed in this section, a person who is assigned
to risk level II or III under section 244.052, and who is no longer under correctional
supervision for a registration offense, or a failure to register offense, but who resides,
works, or attends school in Minnesota, shall have an annual in-person contact with a law
enforcement authority as provided in this section. If the person resides in Minnesota, the
annual in-person contact shall be with the law enforcement authority that has jurisdiction
over the person's primary address or, if the person has no address, the location where the
person is staying. If the person does not reside in Minnesota but works or attends school
in this state, the person shall have an annual in-person contact with the law enforcement
authority or authorities with jurisdiction over the person's school or workplace. During
the month of the person's birth date, the person shall report to the authority to verify the
accuracy of the registration information and to be photographed. Within three days of this
contact, the authority shall enter information as required by the bureau into the predatory
offender registration database and submit an updated photograph of the person to the
bureau's predatory offender registration unit.

(4) If the person fails to mail the completed and signed verification form to the
bureau within ten days after receipt of the form, or if the person fails to report to the
law enforcement authority during the month of the person's birth date, the person is in
violation of this section.

(5) For any person who fails to mail the completed and signed verification form to
the bureau within ten days after receipt of the form and who has been determined to be
a risk level III offender under section 244.052, the bureau shall immediately investigate
and notify local law enforcement authorities to investigate the person's location and to
ensure compliance with this section. The bureau also shall immediately give notice of the
person's violation of this section to the law enforcement authority having jurisdiction over
the person's last registered address or addresses.

new text begin (6) Persons required to register under this section shall not access, create, or maintain
a personal Web page, profile, account, password, or user name for (i) a social networking
Web site, or (ii) an instant messaging or chat room program that permits persons under the
age of 18 to become a member or to create or maintain a personal Web page.
new text end

For persons required to register under subdivision 1b, 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 persons who, under section 244.052, are assigned to risk level III and
who are no longer under correctional supervision for a registration offense or a failure to
register offense, the bureau shall comply with clause (1) at least two 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 shall 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 shall send a written consent form to the person along with the verification form.
A person who receives this written consent form shall sign and return it to the bureau
at the same time as the verification form.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to
predatory offenders who are required to register before, on, or after that date.
new text end

Sec. 3.

Minnesota Statutes 2008, section 244.05, subdivision 6, is amended to read:

Subd. 6.

Intensive supervised release.

The commissioner may order that an
inmate be placed on intensive supervised release for all or part of the inmate's supervised
release or parole term if the commissioner determines that the action will further the
goals described in section 244.14, subdivision 1, clauses (2), (3), and (4). In addition, the
commissioner may order that an inmate be placed on intensive supervised release for all
of the inmate's conditional or supervised release term if the inmate was convicted of
a sex offense under section 609.342, 609.343, 609.344, 609.345, or 609.3453 or was
sentenced under the provisions of section 609.3455, subdivision 3a. The commissioner
shall order that all level III predatory offenders be placed on intensive supervised release
for the entire supervised release, conditional release, or parole term. The commissioner
may impose appropriate conditions of release on the inmate including but not limited to
unannounced searches of the inmate's person, vehicle, deleted text begin or deleted text end premises new text begin , computer, or other
electronic devices capable of accessing the Internet new text end by an intensive supervision agent;
compliance with court-ordered restitution, if any; random drug testing; house arrest; daily
curfews; frequent face-to-face contacts with an assigned intensive supervision agent;
work, education, or treatment requirements; and electronic surveillance. In addition, any
sex offender placed on intensive supervised release may be ordered to participate in an
appropriate sex offender program as a condition of release. If the inmate violates the
conditions of the intensive supervised release, the commissioner shall impose sanctions as
provided in subdivision 3 and section 609.3455.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to
predatory offenders who are required to register before, on, or after that date.
new text end