SF 1278

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; clarifying the reporting 
  1.3             requirements of the predatory offender registration 
  1.4             law; providing for lifetime supervision of certain 
  1.5             repeat sex offenders; amending Minnesota Statutes 
  1.6             2002, sections 243.166, subdivisions 3, 4a; 609.109, 
  1.7             subdivision 7.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 243.166, 
  1.10  subdivision 3, is amended to read: 
  1.11     Subd. 3.  [REGISTRATION PROCEDURE.] (a) A person required 
  1.12  to register under this section shall register with the 
  1.13  corrections agent as soon as the agent is assigned to the 
  1.14  person.  If the person does not have an assigned corrections 
  1.15  agent or is unable to locate the assigned corrections agent, the 
  1.16  person shall register with the law enforcement agency that has 
  1.17  jurisdiction in the area of the person's residence. 
  1.18     (b) At least five days before the person starts living at a 
  1.19  new primary address, including living in another state, the 
  1.20  person shall give written notice of the new primary living 
  1.21  address to the assigned corrections agent or to the law 
  1.22  enforcement authority with which the person currently is 
  1.23  registered.  If the person will be living in a new state and 
  1.24  that state has a registration requirement, the person shall also 
  1.25  give written notice of the new address to the designated 
  1.26  registration agency in the new state.  A person required to 
  2.1   register under this section shall also give written notice to 
  2.2   the assigned corrections agent or to the law enforcement 
  2.3   authority that has jurisdiction in the area of the person's 
  2.4   residence that the person is no longer living or staying at an 
  2.5   address, immediately after the person is no longer living or 
  2.6   staying at that address.  The corrections agent or law 
  2.7   enforcement authority shall, within two business days after 
  2.8   receipt of this information, forward it to the bureau of 
  2.9   criminal apprehension.  The bureau of criminal apprehension 
  2.10  shall, if it has not already been done, notify the law 
  2.11  enforcement authority having primary jurisdiction in the 
  2.12  community where the person will live of the new address.  If the 
  2.13  person is leaving the state, the bureau of criminal apprehension 
  2.14  shall notify the registration authority in the new state of the 
  2.15  new address.  If the person's obligation to register arose under 
  2.16  subdivision 1, paragraph (b), the person's registration 
  2.17  requirements under this section terminate when the person begins 
  2.18  living in the new state. 
  2.19     (c) A person required to register under subdivision 1, 
  2.20  paragraph (b), because the person is working or attending school 
  2.21  in Minnesota shall register with the law enforcement agency that 
  2.22  has jurisdiction in the area where the person works or attends 
  2.23  school.  In addition to other information required by this 
  2.24  section, the person shall provide the address of the school or 
  2.25  of the location where the person is employed.  A person must 
  2.26  comply with this paragraph within five days of beginning 
  2.27  employment or school.  A person's obligation to register under 
  2.28  this paragraph terminates when the person is no longer working 
  2.29  or attending school in Minnesota. 
  2.30     (d) A person required to register under this section who 
  2.31  works or attends school outside of Minnesota shall register as a 
  2.32  predatory offender in the state where the person works or 
  2.33  attends school.  The person's corrections agent, or if the 
  2.34  person does not have an assigned corrections agent, the law 
  2.35  enforcement authority that has jurisdiction in the area of the 
  2.36  person's residence shall notify the person of this requirement. 
  3.1      Sec. 2.  Minnesota Statutes 2002, section 243.166, 
  3.2   subdivision 4a, is amended to read: 
  3.3      Subd. 4a.  [INFORMATION REQUIRED TO BE PROVIDED.] (a) A 
  3.4   person required to register under this section shall provide to 
  3.5   the corrections agent or law enforcement authority the following 
  3.6   information: 
  3.7      (1) the address of the person's primary residence; 
  3.8      (2) the addresses of all the person's secondary residences 
  3.9   in Minnesota, including all addresses used for residential or 
  3.10  recreational purposes; 
  3.11     (3) the addresses of all Minnesota property owned, leased, 
  3.12  or rented by the person; 
  3.13     (4) the addresses of all locations where the person is 
  3.14  employed; 
  3.15     (5) the addresses of all residences where the person 
  3.16  resides while attending school; and 
  3.17     (6) the year, model, make, license plate number, and color 
  3.18  of all motor vehicles owned or regularly driven by the person.  
  3.19  "Motor vehicle" has the meaning given "vehicle" in section 
  3.20  169.01, subdivision 2. 
  3.21     (b) The person shall report to the agent or authority the 
  3.22  information required to be provided under paragraph (a), clauses 
  3.23  (2) (1) to (6), within five days of the date the clause becomes 
  3.24  applicable.  If because of a change in circumstances a clause no 
  3.25  longer applies to previously reported information, the person 
  3.26  shall immediately inform the agent or authority that the 
  3.27  information is no longer valid. 
  3.28     Sec. 3.  Minnesota Statutes 2002, section 609.109, 
  3.29  subdivision 7, is amended to read: 
  3.30     Subd. 7.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
  3.31  Notwithstanding the statutory maximum sentence otherwise 
  3.32  applicable to the offense or any provision of the sentencing 
  3.33  guidelines, when a court sentences a person to prison for a 
  3.34  violation of section 609.342, 609.343, 609.344, or 609.345, the 
  3.35  court shall provide that after the person has completed the 
  3.36  sentence imposed, the commissioner of corrections shall place 
  4.1   the person on conditional release.  If the person was convicted 
  4.2   for a violation of section 609.342, 609.343, 609.344, or 
  4.3   609.345, the person shall be placed on conditional release for 
  4.4   five years, minus the time the person served on supervised 
  4.5   release.  If the person was convicted for a violation of one of 
  4.6   those sections after a previous sex offense conviction as 
  4.7   defined in subdivision 5, or the person shall be placed on 
  4.8   conditional release for the remainder of the person's life.  If 
  4.9   the person was sentenced under subdivision 6 to a mandatory 
  4.10  departure, the person shall be placed on conditional release for 
  4.11  ten years, minus the time the person served on supervised 
  4.12  release. 
  4.13     (b) The conditions of release may include successful 
  4.14  completion of treatment and aftercare in a program approved by 
  4.15  the commissioner, satisfaction of the release conditions 
  4.16  specified in section 244.05, subdivision 6, and any other 
  4.17  conditions the commissioner considers appropriate.  If the 
  4.18  offender fails to meet any condition of release, the 
  4.19  commissioner may revoke the offender's conditional release and 
  4.20  order that the offender serve the remaining portion of the 
  4.21  conditional release term in prison.  Except as provided in 
  4.22  paragraph (d), the commissioner shall not dismiss the offender 
  4.23  from supervision before the conditional release term expires. 
  4.24     Conditional release under this subdivision is governed by 
  4.25  provisions relating to supervised release, except as otherwise 
  4.26  provided in this subdivision, section 244.04, subdivision 1, or 
  4.27  244.05. 
  4.28     (c) The commissioner shall pay the cost of treatment of a 
  4.29  person released under this subdivision.  This section does not 
  4.30  require the commissioner to accept or retain an offender in a 
  4.31  treatment program. 
  4.32     (d) The commissioner may dismiss a person placed on 
  4.33  conditional release for the remainder of the person's life under 
  4.34  paragraph (a) from supervision if: 
  4.35     (1) the person has been on conditional release for at least 
  4.36  20 years; and 
  5.1      (2) the commissioner has determined that the dismissal does 
  5.2   not pose a danger to the public or any individual. 
  5.3      Sec. 4.  [EFFECTIVE DATES.] 
  5.4      Sections 1 and 2 are effective July 1, 2003, and apply to 
  5.5   persons released from confinement, sentenced, subject to 
  5.6   registration, or who commit offenses on or after that date.  
  5.7   Section 3 is effective August 1, 2003, and applies to crimes 
  5.8   committed on or after that date.