3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to crime prevention; requiring certain 1.3 persons committed as mentally ill and dangerous to the 1.4 public to register as predatory sex offenders and to 1.5 be subject to the community notification law; imposing 1.6 mandatory disclosure requirements under the community 1.7 notification law; amending Minnesota Statutes 1998, 1.8 sections 243.166, subdivisions 1, 2, and 6; and 1.9 244.052, subdivisions 1 and 4. 1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.11 Section 1. Minnesota Statutes 1998, section 243.166, 1.12 subdivision 1, is amended to read: 1.13 Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall 1.14 register under this section if: 1.15 (1) the person was charged with or petitioned for a felony 1.16 violation of or attempt to violate any of the following, and 1.17 convicted of or adjudicated delinquent for that offense or 1.18 another offense arising out of the same set of circumstances: 1.19 (i) murder under section 609.185, clause (2); or 1.20 (ii) kidnapping under section 609.25
, involving a minor1.21 victim; or 1.22 (iii) criminal sexual conduct under section 609.342; 1.23 609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 1.24 (iv) indecent exposure under section 617.23, subdivision 3; 1.25 or 1.26 (2) the person was charged with or petitioned for falsely 1.27 imprisoning a minor in violation of section 609.255, subdivision 2.1 2; soliciting a minor to engage in prostitution in violation of 2.2 section 609.322 or 609.324; soliciting a minor to engage in 2.3 sexual conduct in violation of section 609.352; using a minor in 2.4 a sexual performance in violation of section 617.246; or 2.5 possessing pictorial representations of minors in violation of 2.6 section 617.247, and convicted of or adjudicated delinquent for 2.7 that offense or another offense arising out of the same set of 2.8 circumstances; or 2.9 (3) the person was convicted of a predatory crime as 2.10 defined in section 609.108, and the offender was sentenced as a 2.11 patterned sex offender or the court found on its own motion or 2.12 that of the prosecutor that the crime was part of a predatory 2.13 pattern of behavior that had criminal sexual conduct as its 2.14 goal; or 2.15 (4) the person was convicted of or adjudicated delinquent 2.16 for violating a law of the United States similar to the offenses 2.17 described in clause (1), (2), or (3). 2.18 (b) A person also shall register under this section if: 2.19 (1) the person was convicted of or adjudicated delinquent 2.20 in another state for an offense that would be a violation of a 2.21 law described in paragraph (a) if committed in this state; 2.22 (2) the person enters the state as required in subdivision 2.23 3, paragraph (b); and 2.24 (3) ten years have not elapsed since the person was 2.25 released from confinement or, if the person was not confined, 2.26 since the person was convicted of or adjudicated delinquent for 2.27 the offense that triggers registration. 2.28 (c) A person also shall register under this section if the 2.29 person was committed pursuant to a court commitment order under 2.30 section 253B.185 or Minnesota Statutes 1992, section 526.10, 2.31 regardless of whether the person was convicted of any offense. 2.32 (d) A person also shall register under this section if: 2.33 (1) the person was charged with or petitioned for a felony 2.34 violation or attempt to violate any of the offenses listed in 2.35 paragraph (a), clause (1), or a similar law of another state or 2.36 federal jurisdiction, or the person was charged with or 3.1 petitioned for a violation of any of the offenses listed in 3.2 paragraph (a), clause (2), or a similar law of another state or 3.3 federal jurisdiction; 3.4 (2) the person was found not guilty by reason of mental 3.5 illness or mental deficiency after a trial for that offense, or 3.6 found guilty but mentally ill after a trial for that offense, in 3.7 states with a guilty but mentally ill verdict; and 3.8 (3) the person was committed pursuant to a court commitment 3.9 order under section 253B.18 or a similar law of another state or 3.10 federal jurisdiction. 3.11 Sec. 2. Minnesota Statutes 1998, section 243.166, 3.12 subdivision 2, is amended to read: 3.13 Subd. 2. [NOTICE.] When a person who is required to 3.14 register under subdivision 1, paragraph (a), is sentenced or 3.15 becomes subject to a juvenile court disposition order, the court 3.16 shall tell the person of the duty to register under this 3.17 section. The court shall require the person to read and sign a 3.18 form stating that the duty of the person to register under this 3.19 section has been explained. If a person required to register 3.20 under subdivision 1, paragraph (a), was not notified by the 3.21 court of the registration requirement at the time of sentencing 3.22 or disposition, the assigned corrections agent shall notify the 3.23 person of the requirements of this section. When a person who 3.24 is required to register under subdivision 1, paragraph (c) or 3.25 (d), is released from commitment, the treatment facility shall 3.26 notify the person of the requirements of this section. The 3.27 treatment facility shall also obtain the registration 3.28 information required under this section and forward it to the 3.29 bureau of criminal apprehension. 3.30 Sec. 3. Minnesota Statutes 1998, section 243.166, 3.31 subdivision 6, is amended to read: 3.32 Subd. 6. [REGISTRATION PERIOD.] (a) Notwithstanding the 3.33 provisions of section 609.165, subdivision 1, a person required 3.34 to register under this section shall continue to comply with 3.35 this section until ten years have elapsed since the person 3.36 initially registered in connection with the offense, or until 4.1 the probation, supervised release, or conditional release period 4.2 expires, whichever occurs later. For a person required to 4.3 register under this section who is committed under 4.4 section 253B.18 or 253B.185, the ten-year registration period 4.5 does not include the period of commitment. 4.6 (b) If a person required to register under this section 4.7 fails to register following a change in residence, the 4.8 commissioner of public safety may require the person to continue 4.9 to register for an additional period of five years. 4.10 Sec. 4. Minnesota Statutes 1998, section 244.052, 4.11 subdivision 1, is amended to read: 4.12 Subdivision 1. [DEFINITIONS.] As used in this section: 4.13 (1) "confinement" means confinement in a state correctional 4.14 facility or a state treatment facility; 4.15 (2) "law enforcement agency" means the law enforcement 4.16 agency having primary jurisdiction over the location where the 4.17 offender expects to reside upon release; and 4.18 (3) "sex offender" and "offender" mean a person who has 4.19 been: 4.20 (i) convicted of an offense for which registration under 4.21 section 243.166 is required or a person who has been; 4.22 (ii) committed pursuant to a court commitment order under 4.23 section 253B.185 or Minnesota Statutes 1992, section 526.10, 4.24 regardless of whether the person was convicted of any offense; 4.25 or 4.26 (iii) committed pursuant to a court commitment order under 4.27 section 253B.18, under the circumstances described in section 4.28 243.166, subdivision 1, paragraph (d). 4.29 Sec. 5. Minnesota Statutes 1998, section 244.052, 4.30 subdivision 4, is amended to read: 4.31 Subd. 4. [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 4.32 INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 4.33 area where the sex offender resides, expects to reside, is 4.34 employed, or is regularly found, shall disclose to the public 4.35 any information regarding the offender contained in the report 4.36 forwarded to the agency under subdivision 3, paragraph (f), if5.1 the agency determines that disclosure of the informationthat is 5.2 relevant and necessary to protect the public and to counteract 5.3 the offender's dangerousness, consistent with the guidelines in 5.4 paragraph (b). The extent of the information disclosed and the 5.5 community to whom disclosure is made must relate to the level of 5.6 danger posed by the offender, to the offender's pattern of 5.7 offending behavior, and to the need of community members for 5.8 information to enhance their individual and collective safety. 5.9 (b) The law enforcement agency shall consideremploy the 5.10 following guidelines in determining the scope of disclosure made 5.11 under this subdivision: 5.12 (1) if the offender is assigned to risk level I, the agency 5.13 may maintain information regarding the offender within the 5.14 agency and may disclose it to other law enforcement agencies. 5.15 Additionally, the agency may disclose the information to any 5.16 victims of or witnesses to the offense committed by the 5.17 offender. The agency shall disclose the information to victims 5.18 of the offense committed by the offender who have requested 5.19 disclosure; 5.20 (2) if the offender is assigned to risk level II, the 5.21 agency also may disclose the information to agencies and groups 5.22 that the offender is likely to encounter for the purpose of 5.23 securing those institutions and protecting individuals in their 5.24 care while they are on or near the premises of the institution. 5.25 These agencies and groups include the staff members of public 5.26 and private educational institutions, day care establishments, 5.27 and establishments and organizations that primarily serve 5.28 individuals likely to be victimized by the offender. The agency 5.29 also may disclose the information to individuals the agency 5.30 believes are likely to be victimized by the offender. The 5.31 agency's belief shall be based on the offender's pattern of 5.32 offending or victim preference as documented in the information 5.33 provided by the department of corrections or human services; 5.34 (3) if the offender is assigned to risk level III, the 5.35 agency also mayshall disclose the information to the persons 5.36 and entities described in clauses (1) and (2) and to other 6.1 members of the community whom the offender is likely to 6.2 encounter, unless the law enforcement agency determines that 6.3 public safety would be compromised by the disclosure or that a 6.4 more limited disclosure is necessary to protect the identity of 6.5 the victim. 6.6 Notwithstanding the assignment of a sex offender to risk 6.7 level II or III, a law enforcement agency may not make the 6.8 disclosures permitted or required by clause (2) or (3), if: the 6.9 offender is placed or resides in a residential facility that is 6.10 licensed as a residential program, as defined in section 6.11 245A.02, subdivision 14, by the commissioner of human services 6.12 under chapter 254A, or the commissioner of corrections under 6.13 section 241.021; and the facility and its staff are trained in 6.14 the supervision of sex offenders. However, if an offender is 6.15 placed or resides in a licensed facility, the offender and the 6.16 head of the facility shall designate the offender's likely 6.17 residence upon release from the facility and the head of the 6.18 facility shall notify the commissioner of corrections or the 6.19 commissioner of human services of the offender's likely 6.20 residence at least 14 days before the offender's scheduled 6.21 release date. The commissioner shall give this information to 6.22 the law enforcement agency having jurisdiction over the 6.23 offender's likely residence. The head of the facility also 6.24 shall notify the commissioner of corrections or human services 6.25 within 48 hours after finalizing the offender's approved 6.26 relocation plan to a permanent residence. Within five days 6.27 after receiving this notification, the appropriate commissioner 6.28 shall give to the appropriate law enforcement agency all 6.29 relevant information the commissioner has concerning the 6.30 offender, including information on the risk factors in the 6.31 offender's history and the risk level to which the offender was 6.32 assigned. After receiving this information, the law enforcement 6.33 agency mayshall make the disclosures permitted or required by 6.34 clause (2) or (3), as appropriate. 6.35 (c) As used in paragraph (b), clauses (2) and (3), "likely 6.36 to encounter" means that: 7.1 (1) the organizations or community members are in a 7.2 location or in close proximity to a location where the offender 7.3 lives or is employed, or which the offender visits or is likely 7.4 to visit on a regular basis, other than the location of the 7.5 offender's outpatient treatment program; and 7.6 (2) the types of interaction which ordinarily occur at that 7.7 location and other circumstances indicate that contact with the 7.8 offender is reasonably certain. 7.9 (d) A law enforcement agency or official who decides to7.10 disclosediscloses information under this subdivision shall make 7.11 a good faith effort to make the notification within 14 days of 7.12 receipt of a confirmed address from the department of 7.13 corrections indicating that the offender will be, or has been, 7.14 released from confinement, or accepted for supervision, or has 7.15 moved to a new address and will reside at the address 7.16 indicated. 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 to7.20 disclosewho discloses information under this subdivision shall 7.21 not disclose the identity or any identifying characteristics of 7.22 the victims of or witnesses to the offender's offenses. 7.23 (f) A law enforcement agency mayshall continue to disclose 7.24 information on an offender underas required by this subdivision 7.25 for as long as the offender is required to register under 7.26 section 243.166. 7.27 Sec. 6. [EFFECTIVE DATE.] 7.28 Sections 1 to 4 are effective August 1, 1999, and apply to 7.29 persons released from commitment on or after that date. Section 7.30 5 is effective the day following final enactment.