SF 812

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to public safety; clarifying certain 
  1.3             provisions in the law governing community notification 
  1.4             of the release of sex offenders; amending Minnesota 
  1.5             Statutes 1996, section 244.052, subdivisions 3, 4, 5, 
  1.6             and 6. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 244.052, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
  1.11  commissioner of corrections shall establish and administer 
  1.12  end-of-confinement review committees at each state correctional 
  1.13  facility and at each state treatment facility where sex 
  1.14  offenders are confined.  The committees shall assess on a 
  1.15  case-by-case basis: 
  1.16     (1) the public risk posed by sex offenders who are about to 
  1.17  be released from confinement; and 
  1.18     (2) the public risk posed by sex offenders who are accepted 
  1.19  from another state under a reciprocal agreement under the 
  1.20  interstate compact authorized by section 243.16.  
  1.21     (b) Each committee shall be a standing committee and shall 
  1.22  consist of the following members appointed by the commissioner: 
  1.23     (1) the chief executive officer or head of the correctional 
  1.24  or treatment facility where the offender is currently confined, 
  1.25  or that person's designee; 
  1.26     (2) a law enforcement officer; 
  2.1      (3) a treatment professional who is trained in the 
  2.2   assessment of sex offenders; 
  2.3      (4) a caseworker experienced in supervising sex offenders; 
  2.4   and 
  2.5      (5) an employee of the department of corrections from the 
  2.6   victim's services unit. 
  2.7      Members of the committee, other than the facility's chief 
  2.8   executive officer or head, shall be appointed by the 
  2.9   commissioner to two-year terms.  The chief executive officer or 
  2.10  head of the facility or designee shall act as chair of the 
  2.11  committee and shall use the facility's staff, as needed, to 
  2.12  administer the committee, obtain necessary information from 
  2.13  outside sources, and prepare risk assessment reports on 
  2.14  offenders. 
  2.15     (c) The committee shall have access to the following data 
  2.16  on a sex offender only for the purposes of its assessment and to 
  2.17  defend the committee's risk assessment determination upon 
  2.18  administrative review under this section: 
  2.19     (1) private medical data under section 13.42 or 144.335, or 
  2.20  welfare data under section 13.46 that relate to medical 
  2.21  treatment of the offender; 
  2.22     (2) private and confidential court services data under 
  2.23  section 13.84; 
  2.24     (3) private and confidential corrections data under section 
  2.25  13.85; and 
  2.26     (4) private criminal history data under section 13.87. 
  2.27     Data collected and maintained by the committee under this 
  2.28  paragraph may not be disclosed outside the committee, except as 
  2.29  provided under section 13.05, subdivision 3 or 4.  The sex 
  2.30  offender has access to data on the offender collected and 
  2.31  maintained by the committee, unless the data are confidential 
  2.32  data received under this paragraph. 
  2.33     (d) At least 90 days before a sex offender is to be 
  2.34  released from confinement or accepted for supervision, the 
  2.35  commissioner of corrections shall convene the appropriate 
  2.36  end-of-confinement review committee for the purpose of assessing 
  3.1   the risk presented by the offender and determining the risk 
  3.2   level to which the offender shall be assigned under paragraph 
  3.3   (e).  The offender shall be notified of the time and place of 
  3.4   the committee's meeting and has a right to be present and be 
  3.5   heard at the meeting.  The committee shall use the risk factors 
  3.6   described in paragraph (g) and the risk assessment scale 
  3.7   developed under subdivision 2 to determine the offender's risk 
  3.8   assessment score and risk level.  Offenders scheduled for 
  3.9   release from confinement shall be assessed by the committee 
  3.10  established at the facility from which the offender is to be 
  3.11  released.  Offenders accepted for supervision shall be assessed 
  3.12  by whichever committee the commissioner directs. 
  3.13     (e) The committee shall assign to risk level I a sex 
  3.14  offender whose risk assessment score indicates a low risk of 
  3.15  reoffense.  The committee shall assign to risk level II an 
  3.16  offender whose risk assessment score indicates a moderate risk 
  3.17  of reoffense.  The committee shall assign to risk level III an 
  3.18  offender whose risk assessment score indicates a high risk of 
  3.19  reoffense. 
  3.20     (f) Before the sex offender is released from confinement or 
  3.21  accepted for supervision, the committee shall prepare a risk 
  3.22  assessment report which specifies the risk level to which the 
  3.23  offender has been assigned and the reasons underlying the 
  3.24  committee's risk assessment decision.  The committee shall give 
  3.25  the report to the offender and to the law enforcement agency at 
  3.26  least 60 days before an offender is released from confinement or 
  3.27  accepted for supervision.  The committee also shall inform the 
  3.28  offender of the availability of review under subdivision 6. 
  3.29     (g) As used in this subdivision, "risk factors" includes, 
  3.30  but is not limited to, the following factors: 
  3.31     (1) the seriousness of the offense should the offender 
  3.32  reoffend.  This factor includes consideration of the following:  
  3.33     (i) the degree of likely force or harm; 
  3.34     (ii) the degree of likely physical contact; and 
  3.35     (iii) the age of the likely victim; 
  3.36     (2) the offender's prior offense history.  This factor 
  4.1   includes consideration of the following: 
  4.2      (i) the relationship of prior victims to the offender; 
  4.3      (ii) the number of prior offenses or victims; 
  4.4      (iii) the duration of the offender's prior offense history; 
  4.5      (iv) the length of time since the offender's last prior 
  4.6   offense while the offender was at risk to commit offenses; and 
  4.7      (v) the offender's prior history of other antisocial acts; 
  4.8      (3) the offender's characteristics.  This factor includes 
  4.9   consideration of the following:  
  4.10     (i) the offender's response to prior treatment efforts; and 
  4.11     (ii) the offender's history of substance abuse; 
  4.12     (4) the availability of community supports to the offender. 
  4.13  This factor includes consideration of the following: 
  4.14     (i) the availability and likelihood that the offender will 
  4.15  be involved in therapeutic treatment; 
  4.16     (ii) the availability of residential supports to the 
  4.17  offender, such as a stable and supervised living arrangement in 
  4.18  an appropriate location; 
  4.19     (iii) the offender's familial and social relationships, 
  4.20  including the nature and length of these relationships and the 
  4.21  level of support that the offender may receive from these 
  4.22  persons; and 
  4.23     (iv) the offender's lack of education or employment 
  4.24  stability; 
  4.25     (5) whether the offender has indicated or credible evidence 
  4.26  in the record indicates that the offender will reoffend if 
  4.27  released into the community; and 
  4.28     (6) whether the offender demonstrates a physical condition 
  4.29  that minimizes the risk of reoffense, including but not limited 
  4.30  to, advanced age or a debilitating illness or physical condition.
  4.31     (h) Upon the request of the law enforcement agency or the 
  4.32  offender's corrections agent, the commissioner may reconvene the 
  4.33  end-of-confinement review committee for the purpose of 
  4.34  reassessing the risk level to which an offender has been 
  4.35  assigned under paragraph (e).  In a request for a reassessment, 
  4.36  the law enforcement agency or agent shall list the facts and 
  5.1   circumstances arising after the initial assignment under 
  5.2   paragraph (e) which support the request for a reassessment.  
  5.3   Upon review of the request, the end-of-confinement review 
  5.4   committee may reassign an offender to a different risk level.  
  5.5   If the offender is reassigned to a higher risk level, the 
  5.6   offender has the right to seek review of the committee's 
  5.7   determination under subdivision 6. 
  5.8      (i) An offender may request the end-of-confinement review 
  5.9   committee to reassess the offender's assigned risk level after 
  5.10  two years have elapsed since the committee's initial risk 
  5.11  assessment and may renew the request once every two years 
  5.12  following subsequent denials.  In a request for reassessment, 
  5.13  the offender shall list the facts and circumstances which 
  5.14  demonstrate that the offender no longer poses the same degree of 
  5.15  risk to the community.  The committee shall follow the process 
  5.16  outlined in paragraphs (a) to (e), and (g) in the reassessment. 
  5.17     Sec. 2.  Minnesota Statutes 1996, section 244.052, 
  5.18  subdivision 4, is amended to read: 
  5.19     Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
  5.20  INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
  5.21  area where the sex offender resides, expects to reside, is 
  5.22  employed, or is regularly found, is authorized to shall disclose 
  5.23  information to the public regarding the offender if the agency 
  5.24  determines that disclosure of the information is relevant and 
  5.25  necessary to protect the public and to counteract the offender's 
  5.26  dangerousness.  The extent of the information disclosed and the 
  5.27  community to whom disclosure is made must relate to the level of 
  5.28  danger posed by the offender, to the offender's pattern of 
  5.29  offending behavior, and to the need of community members for 
  5.30  information to enhance their individual and collective safety. 
  5.31     (b) The law enforcement agency shall consider the following 
  5.32  guidelines in determining the scope of disclosure made under 
  5.33  this subdivision: 
  5.34     (1) if the offender is assigned to risk level I, the agency 
  5.35  may maintain information regarding the offender within the 
  5.36  agency and may disclose it to other law enforcement agencies.  
  6.1   Additionally, the agency may disclose the information to any 
  6.2   victims of or witnesses to the offense committed by the offender.
  6.3   The agency shall disclose the information to victims of the 
  6.4   offense committed by the offender who have requested disclosure; 
  6.5      (2) if the offender is assigned to risk level II, the 
  6.6   agency also may disclose the information to the following 
  6.7   agencies individuals, agencies, and groups that the offender is 
  6.8   likely to encounter:, including, but not limited to, public and 
  6.9   private educational institutions;, day care establishments;, and 
  6.10  establishments and organizations that primarily serve 
  6.11  individuals likely to be victimized by the offender; 
  6.12     (3) if the offender is assigned to risk level III, the 
  6.13  agency also may disclose the information to other members of the 
  6.14  community whom the offender is likely to encounter. 
  6.15     Notwithstanding the assignment of a sex offender to risk 
  6.16  level II or III, a law enforcement agency may not make the 
  6.17  disclosures permitted by clause (2) or (3), if:  the offender is 
  6.18  placed or resides in a residential facility that is licensed as 
  6.19  a residential program, as defined in section 245A.02, 
  6.20  subdivision 14, by the commissioner of human services under 
  6.21  chapter 254A, or the commissioner of corrections under section 
  6.22  241.021; and the facility and its staff are trained in the 
  6.23  supervision of sex offenders.  However, if an offender is placed 
  6.24  or resides in a licensed facility, the head of the facility 
  6.25  shall notify the law enforcement agency before the end of the 
  6.26  offender's placement or residence in the facility.  Upon 
  6.27  receiving this notification, commissioner of corrections or the 
  6.28  commissioner of human services within 48 hours after finalizing 
  6.29  the offender's approved relocation plan to a permanent 
  6.30  residence.  Within five days after receiving this notification, 
  6.31  the appropriate commissioner shall give to the appropriate law 
  6.32  enforcement agency all relevant information the commissioner has 
  6.33  concerning the offender, including information on the risk 
  6.34  factors in the offender's history and the risk level to which 
  6.35  the offender was assigned.  After receiving this information, 
  6.36  the law enforcement agency may make the disclosures permitted by 
  7.1   clause (2) or (3), as appropriate. 
  7.2      (c) As used in paragraph (b), clauses (2) and (3), "likely 
  7.3   to encounter" means that:  
  7.4      (1) the organizations or community members are in a 
  7.5   location or in close proximity to a location where the offender 
  7.6   lives or is employed, or which the offender visits or is likely 
  7.7   to visit on a regular basis, other than the location of the 
  7.8   offender's outpatient treatment program; and 
  7.9      (2) the types of interaction which ordinarily occur at that 
  7.10  location and other circumstances indicate that contact with the 
  7.11  offender is reasonably certain. 
  7.12     (d) A law enforcement agency or official who decides to 
  7.13  disclose information under this subdivision shall make a good 
  7.14  faith effort to make the notification at least 14 days before an 
  7.15  offender is released from confinement or accepted for 
  7.16  supervision.  If a change occurs in the release plan, this 
  7.17  notification provision does not require an extension of the 
  7.18  release date.  
  7.19     (e) A law enforcement agency or official that decides to 
  7.20  disclose information under this subdivision shall make a good 
  7.21  faith effort to conceal not disclose the identity of the victim 
  7.22  or victims of or witnesses to the offender's offense offenses. 
  7.23     (f) A law enforcement agency may continue to disclose 
  7.24  information on an offender under this subdivision for as long as 
  7.25  the offender is required to register under section 243.166. 
  7.26     Sec. 3.  Minnesota Statutes 1996, section 244.052, 
  7.27  subdivision 5, is amended to read: 
  7.28     Subd. 5.  [RELEVANT INFORMATION PROVIDED TO LAW 
  7.29  ENFORCEMENT.] At least 60 days before a sex offender is released 
  7.30  from confinement or accepted for supervision, the department of 
  7.31  corrections or the department of human services, in the case of 
  7.32  a person who was committed under section 253B.185 or Minnesota 
  7.33  Statutes 1992, section 526.10, shall provide give to the 
  7.34  appropriate law enforcement agency having primary jurisdiction 
  7.35  where the offender was convicted or committed all relevant 
  7.36  information that the departments have concerning the offender, 
  8.1   including information on risk factors in the offender's history. 
  8.2   Within five days after receiving the offender's approved release 
  8.3   plan from the office of adult release, the appropriate 
  8.4   department shall give to the law enforcement agency having 
  8.5   primary jurisdiction where the offender plans to reside all 
  8.6   relevant information the department has concerning the offender, 
  8.7   including information on risk factors in the offender's history 
  8.8   and the risk level to which the offender was assigned. 
  8.9      Sec. 4.  Minnesota Statutes 1996, section 244.052, 
  8.10  subdivision 6, is amended to read: 
  8.11     Subd. 6.  [ADMINISTRATIVE REVIEW.] (a) An offender assigned 
  8.12  or reassigned to risk level II or III under subdivision 3, 
  8.13  paragraph (e) or (h), has the right to seek administrative 
  8.14  review of an end-of-confinement review committee's risk 
  8.15  assessment determination.  The offender must exercise this right 
  8.16  within 14 days of receiving notice of the committee's decision 
  8.17  by notifying the chair of the committee.  Upon receiving the 
  8.18  request for administrative review, the chair shall notify the 
  8.19  offender, the victim or victims of the offender's offense who 
  8.20  have requested disclosure or their designee, the law enforcement 
  8.21  agency having primary jurisdiction where the offender was 
  8.22  convicted or committed, the law enforcement agency having 
  8.23  jurisdiction where the offender expects to reside, providing 
  8.24  that the release plan has been approved by the office of adult 
  8.25  release of the department of corrections, and any other 
  8.26  individuals the chair may select, of the time and place of the 
  8.27  hearing.  A request for a review hearing shall not interfere 
  8.28  with or delay the notification process under subdivision 4 or 5, 
  8.29  unless the administrative law judge orders otherwise for good 
  8.30  cause shown. 
  8.31     (b) An offender who requests a review hearing must be given 
  8.32  a reasonable opportunity to prepare for the hearing.  The review 
  8.33  hearing shall be conducted on the record before an 
  8.34  administrative law judge.  The review hearing shall be conducted 
  8.35  at the correctional facility in which the offender is currently 
  8.36  incarcerated.  If the offender is no longer incarcerated, the 
  9.1   location of the review hearing shall be determined by the 
  9.2   administrative law judge.  The offender has the burden of proof 
  9.3   to show, by a preponderance of the evidence, that the 
  9.4   end-of-confinement review committee's risk assessment 
  9.5   determination was erroneous.  The attorney general or a designee 
  9.6   shall defend the end-of-confinement review committee's 
  9.7   determination.  The offender has the right to be present and be 
  9.8   represented by counsel at the hearing, to present evidence in 
  9.9   support of the offender's position, to call supporting witnesses 
  9.10  and to cross-examine witnesses testifying in support of the 
  9.11  committee's determination.  Counsel for indigent offenders shall 
  9.12  be provided by the Legal Advocacy Project of the state public 
  9.13  defender's office.  
  9.14     (c) After the hearing is concluded, the administrative law 
  9.15  judge shall decide whether the end-of-confinement review 
  9.16  committee's risk assessment determination was erroneous and, 
  9.17  based on this decision, shall either uphold or modify the review 
  9.18  committee's determination.  The judge's decision shall be in 
  9.19  writing and shall include the judge's reasons for the decision.  
  9.20  The judge's decision shall be final and a copy of it shall be 
  9.21  given to the offender, the victim, the law enforcement agency, 
  9.22  and the chair of the end-of-confinement review committee. 
  9.23     (d) The review hearing is subject to the contested case 
  9.24  provisions of chapter 14. 
  9.25     Sec. 5.  [EFFECTIVE DATE.] 
  9.26     Sections 1 to 4 are effective the day following final 
  9.27  enactment and apply to offenders sentenced or released from 
  9.28  confinement on or after that date.