SF 1560

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime prevention; requiring notification 
  1.3             of local authorities of the impending release of sex 
  1.4             offenders; authorizing the release to the public of 
  1.5             information on registered sex offenders under certain 
  1.6             circumstances; clarifying law on HIV testing of 
  1.7             convicted offenders; amending Minnesota Statutes 1994, 
  1.8             sections 243.166, subdivision 7; and 611A.19, 
  1.9             subdivision 1; proposing coding for new law in 
  1.10            Minnesota Statutes, chapter 244. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [LEGISLATIVE FINDINGS AND PURPOSE.] 
  1.13     The legislature finds that if members of the public are 
  1.14  provided adequate notice and information about a sex offender 
  1.15  who is about to be released from custody and who will live in or 
  1.16  near their neighborhood, the community can develop constructive 
  1.17  plans to prepare themselves and their children for the 
  1.18  offender's release.  
  1.19     Sec. 2.  Minnesota Statutes 1994, section 243.166, 
  1.20  subdivision 7, is amended to read: 
  1.21     Subd. 7.  [USE OF INFORMATION.] (a) Except as otherwise 
  1.22  provided in paragraph (b), the information provided under this 
  1.23  section is private data on individuals under section 13.01, 
  1.24  subdivision 12.  The information may be used only for law 
  1.25  enforcement purposes. 
  1.26     (b) A law enforcement agency is authorized to disclose to 
  1.27  the public relevant and necessary information regarding an 
  1.28  individual registered under this section if:  (1) the individual 
  2.1   has been identified by the department of corrections or a local 
  2.2   corrections agency as a public risk under the public risk 
  2.3   monitoring guidelines of the department of corrections; and (2) 
  2.4   the agency determines that the disclosure of the information is 
  2.5   necessary for public protection. 
  2.6      A law enforcement agency or official who decides to 
  2.7   disclose information under this paragraph shall make a good 
  2.8   faith effort to notify the public and residents at least 14 days 
  2.9   before an incarcerated individual is released from confinement.  
  2.10  If a change occurs in the release plan, this notification 
  2.11  provision does not require an extension of the release date.  
  2.12  The departments of corrections and human services shall, in a 
  2.13  timely manner, provide law enforcement agencies all information 
  2.14  the departments determine is relevant concerning individuals 
  2.15  about to be released or placed into the community. 
  2.16     This paragraph does not apply to registered individuals who 
  2.17  are placed or reside in residential facilities if: 
  2.18     (1) the facility is licensed as a residential program, as 
  2.19  defined under section 245A.02, subdivision 14, by the 
  2.20  commissioner of human services under chapter 245A, or the 
  2.21  commissioner of corrections under section 241.021; 
  2.22     (2) the facility provides continuous supervision of the 
  2.23  individuals placed or residing in it or can account for their 
  2.24  whereabouts on a 24-hour-a-day basis; and 
  2.25     (3) the facility and its staff are trained in the 
  2.26  supervision of sex offenders. 
  2.27     A law enforcement agency or state agency shall not be 
  2.28  liable for disclosing or for failing to disclose information as 
  2.29  permitted by this paragraph. 
  2.30     Sec. 3.  [244.052] [NOTICE OF RELEASE OF CERTAIN 
  2.31  OFFENDERS.] 
  2.32     Subdivision 1.  [NOTICE OF IMPENDING RELEASE.] The 
  2.33  commissioner of corrections shall send written notice of the 
  2.34  parole, release, community placement, work release placement, 
  2.35  furlough, or escape of any inmate convicted of an offense 
  2.36  requiring registration under section 243.166 to the following 
  3.1   persons at the earliest possible date, and in no event later 
  3.2   than 30 days before release except in the event of escape or 
  3.3   emergency furlough: 
  3.4      (1) the chief of police of the city, if any, in which the 
  3.5   inmate will reside or in which placement will be made in a work 
  3.6   release program; 
  3.7      (2) the sheriff of the county in which the inmate will 
  3.8   reside or in which placement will be made in a work release 
  3.9   program; 
  3.10     (3) the chief of the state patrol; and 
  3.11     (4) the bureau of criminal apprehension. 
  3.12     The sheriff of the county where the offender was convicted 
  3.13  shall be notified if the commissioner does not know where the 
  3.14  offender will reside. 
  3.15     Subd. 2.  [ADDITIONAL NOTICE.] The same notice shall be 
  3.16  sent to the following persons concerning a specific inmate 
  3.17  convicted of an offense requiring registration under section 
  3.18  243.166: 
  3.19     (1) the victim of the crime for which the inmate was 
  3.20  convicted or the victim's next of kin if the crime was a 
  3.21  homicide, if the victim or victim's next of kin requests the 
  3.22  notice in writing; 
  3.23     (2) any witnesses who testified against the inmate in any 
  3.24  court proceedings involving the offense, if the witness requests 
  3.25  the notice in writing; and 
  3.26     (3) any person specified in writing by the prosecuting 
  3.27  attorney. 
  3.28     If the witness is under the age of 16, the notice required 
  3.29  by this section shall be sent to the parents or legal guardian 
  3.30  of the child.  The commissioner shall send the notices required 
  3.31  by this provision to the last address provided to the 
  3.32  commissioner by the requesting party.  The requesting party 
  3.33  shall furnish the commissioner with a current address.  
  3.34  Information regarding witnesses requesting the notice, 
  3.35  information regarding any other person specified in writing by 
  3.36  the prosecuting attorney to receive the notice, and the notice 
  4.1   are private data on individuals, as defined in section 13.02, 
  4.2   subdivision 12, and are not available to the inmate. 
  4.3      Subd. 3.  [NO EXTENSION OF RELEASE DATE.] The existence of 
  4.4   the notice requirements contained in this section shall in no 
  4.5   event require an extension of the release date. 
  4.6      Sec. 4.  Minnesota Statutes 1994, section 611A.19, 
  4.7   subdivision 1, is amended to read: 
  4.8      Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) The 
  4.9   sentencing court may shall issue an order requiring a person 
  4.10  convicted of a violent crime, as defined in section 609.152, or 
  4.11  a juvenile adjudicated delinquent for violating section 609.342, 
  4.12  609.343, 609.344, or 609.345, to submit to testing to determine 
  4.13  the presence of human immunodeficiency virus (HIV) antibody if:  
  4.14     (1) evidence exists that the broken skin or mucous membrane 
  4.15  of the victim was exposed to or had contact with the offender's 
  4.16  semen or blood during commission of the crime in a manner which 
  4.17  has been demonstrated epidemiologically to transmit the HIV 
  4.18  virus; and 
  4.19     (2) the victim requests the test or the prosecutor moves 
  4.20  for the test order in camera; 
  4.21     (2) the victim requests the test; and 
  4.22     (3) evidence exists that the broken skin or mucous membrane 
  4.23  of the victim was exposed to or had contact with the offender's 
  4.24  semen or blood during commission of the crime in a manner which 
  4.25  has been demonstrated epidemiologically to transmit the HIV 
  4.26  virus.  
  4.27     (b) If the court grants the prosecutor's motion, the court 
  4.28  shall order that the test be performed by an appropriate health 
  4.29  professional who is trained to provide the counseling described 
  4.30  in section 144.763, and that no reference to the test, the 
  4.31  motion requesting the test, the test order, or the test results 
  4.32  may appear in the criminal record or be maintained in any record 
  4.33  of the court or court services. 
  4.34     Sec. 5.  [EFFECTIVE DATE.] 
  4.35     Sections 1 to 3 are effective August 1, 1995, and apply to 
  4.36  persons released on or after that date.