Minnesota Legislature
SF 788
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:16am
Current Version - as introduced
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A bill for an act
relating to public safety; amending the risk-level assessment process for
out-of-state predatory offenders who move to the state; increasing penalties for
certain repeat offenders; requiring training regarding predatory offenders for
those who care for children and vulnerable adults; amending Minnesota Statutes
2008, sections 244.052, subdivision 3a; 609.3451, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin TITLE.
new text end
new text begin
This act shall be known as the Safe Neighborhoods Act of 2009.
new text end
Sec. 2.
Minnesota Statutes 2008, section 244.052, subdivision 3a, is amended to read:
Subd. 3a.
Offenders from other states and offenders released from federal
facilities.
(a) Except as provided in paragraph (b), the commissioner shall establish an
end-of-confinement review committee to assign a risk level:
(1) to offenders who are released from a federal correctional facility in Minnesota or
a federal correctional facility in another state and who intend to reside in Minnesota;
(2) to offenders who are accepted from another state under the interstate compact
authorized by section 243.16 or 243.1605 or any other authorized interstate agreement; and
(3) to offenders who are referred to the committee by local law enforcement
agencies under paragraph (f).
(b) This subdivision does not require the commissioner to convene an
end-of-confinement review committee for a person coming into Minnesota who is
subject to probation under another state's law. The probation or court services officer and
law enforcement officer shall manage such cases in accordance with section 244.10,
subdivision 8.
(c) new text begin No more than 45 days after an offender from another jurisdiction who is eligible
for a Minnesota risk level assignment under this subdivision moves to Minnesota, new text end the
committee shall deleted text begin make reasonable efforts to conform to the same timelines applied to
offenders released from a Minnesota correctional facility and shalldeleted text end collect all relevant
information and records on deleted text begin offendersdeleted text end new text begin the offendernew text end assessed and deleted text begin assigneddeleted text end new text begin assignnew text end a risk
level deleted text begin under this subdivisiondeleted text end . deleted text begin However,deleted text end For offenders who were assigned the most serious
risk level by another state, the committee must deleted text begin act promptly todeleted text end collect the information
required under this paragraphnew text begin and assign a risk level within 30 days of the offender
moving to Minnesotanew text end .
The end-of-confinement review committee must proceed in accordance with all
requirements set forth in this section and follow all policies and procedures applied to
offenders released from a Minnesota correctional facility in reviewing information and
assessing the risk level of offenders covered by this subdivision, unless restrictions
caused by the nature of federal or interstate transfers prevent such conformance. All of
the provisions of this section apply to offenders who are assessed and assigned a risk
level under this subdivision.
(d) If a local law enforcement agency learns or suspects that a person who is subject
to this section is living in Minnesota and a risk level has not been assigned to the person
under this section, the law enforcement agency shall provide this information to the Bureau
of Criminal Apprehension and the commissioner of corrections within three business days.
(e) If the commissioner receives reliable information from a local law enforcement
agency or the bureau that a person subject to this section is living in Minnesota and a local
law enforcement agency so requests, the commissioner must determine if the person
was assigned a risk level under a law comparable to this section. If the commissioner
determines that the law is comparable and public safety warrants, the commissioner,
within three business days of receiving a request, shall notify the local law enforcement
agency that it may, in consultation with the department, proceed with notification under
subdivision 4 based on the person's out-of-state risk level. However, if the commissioner
concludes that the offender is from a state with a risk level assessment law that is not
comparable to this section, the extent of the notification may not exceed that of a risk level
II offender under subdivision 4, paragraph (b), unless the requirements of paragraph
(f) have been met. If an assessment is requested from the end-of-confinement review
committee under paragraph (f), the local law enforcement agency may continue to disclose
information under subdivision 4 until the committee assigns the person a risk level.
After the committee assigns a risk level to an offender pursuant to a request made under
paragraph (f), the information disclosed by law enforcement shall be consistent with the
risk level assigned by the end-of-confinement review committee. The commissioner of
corrections, in consultation with legal advisers, shall determine whether the law of another
state is comparable to this section.
(f) If the local law enforcement agency wants to make a broader disclosure than
is authorized under paragraph (e), the law enforcement agency may request that an
end-of-confinement review committee assign a risk level to the offender. The local
law enforcement agency shall provide to the committee all information concerning the
offender's criminal history, the risk the offender poses to the community, and other
relevant information. The department shall attempt to obtain other information relevant to
determining which risk level to assign the offender. The committee shall promptly assign
a risk level to an offender referred to the committee under this paragraph.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
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Sec. 3.
Minnesota Statutes 2008, section 609.3451, subdivision 3, is amended to read:
Subd. 3.
Felony.
A person is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more than
$10,000, or both, if the personnew text begin :
new text end
new text begin (1)new text end violates subdivision 1, clause (2), after having been previously convicted of or
adjudicated delinquent for violating subdivision 1, clause (2); section 617.23, subdivision
2, clause (1); or a statute from another state in conformity with subdivision 1, clause (2),
or section 617.23, subdivision 2, clause (1)new text begin ; or
new text end
new text begin (2) violates subdivision 1 after having been previously convicted two or more times
of any combination of a predatory offense, a sex offense, as that term is defined in section
609.3455, subdivision 1, clause (h), section 609.746 (interfering with privacy), 609.749
(harassment and stalking), 609.79 (obscene or harassing phone calls), 609.72 (disorderly
conduct), 617.23 (indecent exposure), 617.246 (creating child pornography), or 617.247
(possessing or disseminating child pornography)new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009, and applies to
offenses committed on or after that date.
new text end
Sec. 4. new text begin MANDATORY PREDATORY OFFENDER TRAINING.
new text end
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(a) For purposes of this section, "provider" means:
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(1) group residential housing providers, as defined in Minnesota Statutes, section
256I.03, subdivision 3;
new text end
new text begin
(2) child care providers required to be licensed under Minnesota Statutes, section
245A.03;
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(3) nursing home providers required to be licensed to serve adults under Minnesota
Statutes, section 144A.02;
new text end
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(4) school principals, as defined in Minnesota Rules, part 3512.0100, subpart 6; and
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(5) school social workers, as defined in Minnesota Rules, part 8710.6300.
new text end
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(b) A provider must provide employees with a minimum of one hour of training
regarding the dangers that predatory offenders pose to children and vulnerable adults.
The training shall include information on the predatory offender community notice
requirements under Minnesota Statutes, section 244.052 and the predatory offender
registration requirements under Minnesota Statutes, section 243.166. The provider shall
require and document that each adult caregiver who provides care in the setting for more
than 30 days in any 12-month period complete the training.
new text end
new text begin
(c) The commissioner of public safety, in consultation with the commissioner of
corrections, shall develop training materials to assist providers in meeting the training
requirements of paragraph (b).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end