as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to corrections; removing obsolete language 1.3 referencing the secure treatment unit operated by 1.4 Regions Hospital; requiring predatory offenders who 1.5 request risk level reassessments to demonstrate full 1.6 compliance with supervised release and other 1.7 conditions; designating the department of corrections 1.8 as the agency to administer the statewide supervision 1.9 data system; clarifying language allowing the 1.10 department of corrections to charge counties for the 1.11 use of a correctional camp; allowing licensed mental 1.12 health professionals to admit inmates to the mental 1.13 health unit at MCF-Oak Park Heights; authorizing a 1.14 corrections agent to request a review of an offender's 1.15 risk level based on offender behavior in the 1.16 community; providing that offenders returned to prison 1.17 as release violators do not have a right to a risk 1.18 reassessment by the end-of-confinement review 1.19 committee unless substantial evidence indicates the 1.20 offender's risk has increased; amending Minnesota 1.21 Statutes 2000, sections 241.021, subdivision 4; 1.22 241.69; 242.32, subdivision 1a; and 244.052, 1.23 subdivision 3; proposing coding for new law in 1.24 Minnesota Statutes, chapter 241. 1.25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.26 ARTICLE 1 1.27 OBSOLETE LANGUAGE; MENTAL HEALTH UNIT MCF-OAK PARK HEIGHTS; 1.28 STATEWIDE SUPERVISION DATA SYSTEM; CORRECTIONAL 1.29 CAMP CHARGE 1.30 Section 1. Minnesota Statutes 2000, section 241.021, 1.31 subdivision 4, is amended to read: 1.32 Subd. 4. [HEALTH CARE.] The commissioner of corrections 1.33 shall provide professional health care to persons confined in 1.34 institutions under the control of the commissioner of 1.35 corrections and pay the costs of their care in hospitals and 2.1 other medical facilities not under the control of the 2.2 commissioner of corrections, including the secure treatment unit2.3operated by the St. Paul - Ramsey Hospital. All reimbursements 2.4 for these health care services shall be deposited in the general 2.5 fund. The commissioner of corrections is authorized to contract 2.6 with entities, including health care management companies, to 2.7 provide health care to inmates. With respect to these 2.8 contracts, these entities shall not be regulated as, or 2.9 otherwise considered to be, health plan companies as defined in 2.10 section 62Q.01, subdivision 4. 2.11 Sec. 2. Minnesota Statutes 2000, section 241.69, is 2.12 amended to read: 2.13 241.69 [PSYCHIATRIC UNIT; ESTABLISHMENT.] 2.14 Subdivision 1. [AUTHORITY; RULES.] The commissioner of 2.15 corrections shall, in accordance with applicable rules and 2.16 standards prescribed by thedepartmentsdepartment ofhealth and2.17welfarehuman services, establish, staff, equip, maintain and 2.18 operate at one of the adult correctional institutions under the 2.19 commissioner's control apsychiatricmental health unit for the 2.20 care and treatment of those inmates of state correctional 2.21 institutions who become mentally ill. 2.22 Subd. 2. [EXAMINATION.] When any person confined in an 2.23 adult correctional institution under the control of the 2.24 commissioner of corrections is alleged to be a mentally ill 2.25 person, thechief executive officerdirector of psychological 2.26 services, or warden or other person in charge of the institution 2.27 shall cause the person to be examined by a licensed physician 2.28 especially qualified in the diagnosis of mental illness, or, if 2.29 none is available, by any licensed physician or 2.30 licensedpsychologistmental health professional available to 2.31 the institution. 2.32 Subd. 3. [TRANSFER.] If theexamining physician or2.33psychologistlicensed mental health professional finds the 2.34 person to be mentally ill and in need of short term care, the 2.35 examiningphysicianhealth care professional may recommend 2.36 transfer by the commissioner of corrections to thepsychiatric3.1 mental health unit established pursuant to subdivision 1. 3.2 Subd. 4. [COMMITMENT.] If the examiningphysicianhealth 3.3 care professional orpsychologistlicensed mental health 3.4 professional finds the person to be mentally ill and in need of 3.5 long term care in a hospital, or if an inmate transferred 3.6 pursuant to subdivision 3 refuses to voluntarily participate in 3.7 the treatment program at thepsychiatricmental health unit, the 3.8chief executive officer ofdirector of psychological services of 3.9 the institution orother person in chargethe mental health 3.10 professional shall initiate proceedings for judicial commitment 3.11 as provided in section 253B.07. Upon the recommendation of 3.12 thephysician or psychologistlicensed mental health 3.13 professional and upon completion of the hearing and 3.14 consideration of the record, the court may commit the person to 3.15 thepsychiatricmental health unit established in subdivision 1 3.16 or to another hospital. A person confined in a state 3.17 correctional institution for adults who has been adjudicated to 3.18 be mentally ill and in need of treatment may be committed to the 3.19 commissioner of corrections and placed in thepsychiatricmental 3.20 health unit established in subdivision 1. 3.21 Subd. 5. [DISCHARGE.] Thechief medical officerdirector 3.22 of psychological services of thepsychiatricmental health unit 3.23 established under this section may, subject to the provisions of 3.24 chapter 253B, provisionally discharge any inmate patient 3.25 admitted as mentally ill without discharging the commitment and 3.26 order the inmate patient's release into the general population 3.27 of the institution from which admitted, subject to return to the 3.28 facility for further treatment. 3.29 When thechief medical officerdirector of psychological 3.30 services of the facility certifies that a patient is no longer 3.31 in need of institutional care for mental illness thechief3.32medical officerdirector of psychological services shall 3.33 discharge the patient to the institution from which committed, 3.34 and the discharge shall also discharge the mental illness 3.35 commitment. 3.36 A copy of the certification that the inmate is no longer in 4.1 need of care for mental illness shall be transmitted to the 4.2 commissioner of corrections. The commissioner of corrections 4.3 shall give serious consideration to the aforementioned 4.4 certification for purposes of their supervision over the inmate 4.5 upon the inmate's release. 4.6 Subd. 6. [TRANSFER UPON EXPIRATION OF SENTENCE.] If the 4.7 sentence of a person who has been adjudicated to be mentally ill 4.8 and committed to thepsychiatricmental health unit established 4.9 under this section should expire before the person recovers and 4.10 is discharged therefrom, and, in the judgment of thechief4.11medical officerdirector of psychological services of the unit, 4.12 the person requires further hospitalization for mental illness, 4.13 the person shall be transferred by the commissioner of 4.14 corrections to a state hospital designated by the commissioner 4.15 of human services, there to be detained as in the case of other 4.16 mentally ill persons under judicial commitment. 4.17 Subd. 7. [COSTS.] The costs of the commitment proceedings 4.18 under this section shall be borne by the state. 4.19 Subd. 8. [DEFINITIONS.] For the purposes of this section, 4.20 the words defined in section 253B.02 have the meanings given 4.21 them in that section. 4.22 Sec. 3. [241.86] [STATEWIDE SUPERVISION DATA SYSTEM.] 4.23 Subdivision 1. [DEFINITION.] The statewide supervision 4.24 data system is a central operational repository of data in which 4.25 criminal justice individual data is collected, stored, 4.26 disseminated, and used by one or more state agencies or more 4.27 than one political subdivision or any combination of state 4.28 agencies and political subdivisions. The statewide supervision 4.29 data system provides electronic access to information on 4.30 individuals to criminal justice agencies via a secure Web site. 4.31 The data system must include information regarding juveniles and 4.32 adults who are on probation or otherwise detained, incarcerated, 4.33 or supervised. 4.34 Subd. 2. [ESTABLISHMENT.] The department of corrections 4.35 shall administer and maintain a computerized data system for the 4.36 purpose of assisting criminal justice agencies in monitoring and 5.1 enforcing the conditions imposed on an individual. The 5.2 information in the system uses private data, as defined in 5.3 section 13.02, subdivision 12. 5.4 Subd. 3. [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only 5.5 criminal justice agencies may submit data to and/or obtain data 5.6 from the statewide supervision data system. The commissioner of 5.7 corrections may require that any or all system information 5.8 requirements be submitted to the statewide supervision data 5.9 system. 5.10 Subd. 4. [PROCEDURES.] The department of corrections shall 5.11 adopt procedures to provide for the orderly collection, entry, 5.12 retrieval, and deletion of data contained in the statewide 5.13 supervision data system. 5.14 Subd. 5. [CRIMINAL JUSTICE AGENCIES DEFINED.] For the 5.15 purpose of this section, "criminal justice agency" means a state 5.16 agency or an agency of a political subdivision charged with 5.17 detection, enforcement, prosecution or public defense, 5.18 adjudication, or incarceration with respect to the criminal or 5.19 traffic laws of this state. Criminal justice agency also 5.20 includes all sites identified and licensed as a detention 5.21 facility by the commissioner of corrections under section 5.22 241.021. 5.23 Sec. 4. Minnesota Statutes 2000, section 242.32, 5.24 subdivision 1a, is amended to read: 5.25 Subd. 1a. [ALTERNATIVE RESIDENTIAL PROGRAMS; FUNDING.] The 5.26 commissioner of corrections may establish and operate 5.27 alternative residential programs for juveniles. Programming is 5.28 available to court and social service agencies for placement of 5.29 juveniles to act as early intervention in juvenile crime. The 5.30 commissioner shall require participating state or federal 5.31 agencies and local units of government sending participants to 5.32 the program to pay the cost of the program. Funds received by 5.33 the commissioner for the cost of the program from state and 5.34 federal agencies and local units of government under this 5.35 subdivision must be deposited in the state treasury and credited 5.36 to a special account. Money in the account is appropriated to 6.1 the commissioner to fund the program. 6.2 ARTICLE 2 6.3 PREDATORY OFFENDER FULL COMPLIANCE WITH 6.4 SUPERVISED RELEASE 6.5 Section 1. Minnesota Statutes 2000, section 244.052, 6.6 subdivision 3, is amended to read: 6.7 Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 6.8 commissioner of corrections shall establish and administer 6.9 end-of-confinement review committees at each state correctional 6.10 facility and at each state treatment facility where predatory 6.11 offenders are confined. The committees shall assess on a 6.12 case-by-case basis the public risk posed by predatory offenders 6.13 who are about to be released from confinement. 6.14 (b) Each committee shall be a standing committee and shall 6.15 consist of the following members appointed by the commissioner: 6.16 (1) the chief executive officer or head of the correctional 6.17 or treatment facility where the offender is currently confined, 6.18 or that person's designee; 6.19 (2) a law enforcement officer; 6.20 (3) a treatment professional who is trained in the 6.21 assessment of sex offenders; 6.22 (4) a caseworker experienced in supervising sex offenders; 6.23 and 6.24 (5) a victim's services professional. 6.25 Members of the committee, other than the facility's chief 6.26 executive officer or head, shall be appointed by the 6.27 commissioner to two-year terms. The chief executive officer or 6.28 head of the facility or designee shall act as chair of the 6.29 committee and shall use the facility's staff, as needed, to 6.30 administer the committee, obtain necessary information from 6.31 outside sources, and prepare risk assessment reports on 6.32 offenders. 6.33 (c) The committee shall have access to the following data 6.34 on a predatory offender only for the purposes of its assessment 6.35 and to defend the committee's risk assessment determination upon 6.36 administrative review under this section: 7.1 (1) private medical data under section 13.384 or 144.335, 7.2 or welfare data under section 13.46 that relate to medical 7.3 treatment of the offender; 7.4 (2) private and confidential court services data under 7.5 section 13.84; 7.6 (3) private and confidential corrections data under section 7.7 13.85; and 7.8 (4) private criminal history data under section 13.87. 7.9 Data collected and maintained by the committee under this 7.10 paragraph may not be disclosed outside the committee, except as 7.11 provided under section 13.05, subdivision 3 or 4. The predatory 7.12 offender has access to data on the offender collected and 7.13 maintained by the committee, unless the data are confidential 7.14 data received under this paragraph. 7.15 (d)(i) Except as otherwise provided in item (ii), at least 7.16 90 days before a predatory offender is to be released from 7.17 confinement, the commissioner of corrections shall convene the 7.18 appropriate end-of-confinement review committee for the purpose 7.19 of assessing the risk presented by the offender and determining 7.20 the risk level to which the offender shall be assigned under 7.21 paragraph (e). The offender and the law enforcement agency that 7.22 was responsible for the charge resulting in confinement shall be 7.23 notified of the time and place of the committee's meeting. The 7.24 offender has a right to be present and be heard at the meeting. 7.25 The law enforcement agency may provide material in writing that 7.26 is relevant to the offender's risk level to the chair of the 7.27 committee. The committee shall use the risk factors described 7.28 in paragraph (g) and the risk assessment scale developed under 7.29 subdivision 2 to determine the offender's risk assessment score 7.30 and risk level. Offenders scheduled for release from 7.31 confinement shall be assessed by the committee established at 7.32 the facility from which the offender is to be released. 7.33 (ii) If an offender is received for confinement in a 7.34 facility with less than 90 days remaining in the offender's term 7.35 of confinement, the offender's risk shall be assessed at the 7.36 first regularly scheduled end of confinement review committee 8.1 that convenes after the appropriate documentation for the risk 8.2 assessment is assembled by the committee. The commissioner 8.3 shall make reasonable efforts to ensure that offender's risk is 8.4 assessed and a risk level is assigned or reassigned at least 30 8.5 days before the offender's release date. 8.6 (e) The committee shall assign to risk level I a predatory 8.7 offender whose risk assessment score indicates a low risk of 8.8 reoffense. The committee shall assign to risk level II an 8.9 offender whose risk assessment score indicates a moderate risk 8.10 of reoffense. The committee shall assign to risk level III an 8.11 offender whose risk assessment score indicates a high risk of 8.12 reoffense. 8.13 (f) Before the predatory offender is released from 8.14 confinement, the committee shall prepare a risk assessment 8.15 report which specifies the risk level to which the offender has 8.16 been assigned and the reasons underlying the committee's risk 8.17 assessment decision. The committee shall give the report to the 8.18 offender and to the law enforcement agency at least 60 days 8.19 before an offender is released from confinement. If the risk 8.20 assessment is performed under the circumstances described in 8.21 paragraph (d), item (ii), the report shall be given to the 8.22 offender and the law enforcement agency as soon as it is 8.23 available. The committee also shall inform the offender of the 8.24 availability of review under subdivision 6. 8.25 (g) As used in this subdivision, "risk factors" includes, 8.26 but is not limited to, the following factors: 8.27 (1) the seriousness of the offense should the offender 8.28 reoffend. This factor includes consideration of the following: 8.29 (i) the degree of likely force or harm; 8.30 (ii) the degree of likely physical contact; and 8.31 (iii) the age of the likely victim; 8.32 (2) the offender's prior offense history. This factor 8.33 includes consideration of the following: 8.34 (i) the relationship of prior victims to the offender; 8.35 (ii) the number of prior offenses or victims; 8.36 (iii) the duration of the offender's prior offense history; 9.1 (iv) the length of time since the offender's last prior 9.2 offense while the offender was at risk to commit offenses; and 9.3 (v) the offender's prior history of other antisocial acts; 9.4 (3) the offender's characteristics. This factor includes 9.5 consideration of the following: 9.6 (i) the offender's response to prior treatment efforts; and 9.7 (ii) the offender's history of substance abuse; 9.8 (4) the availability of community supports to the offender. 9.9 This factor includes consideration of the following: 9.10 (i) the availability and likelihood that the offender will 9.11 be involved in therapeutic treatment; 9.12 (ii) the availability of residential supports to the 9.13 offender, such as a stable and supervised living arrangement in 9.14 an appropriate location; 9.15 (iii) the offender's familial and social relationships, 9.16 including the nature and length of these relationships and the 9.17 level of support that the offender may receive from these 9.18 persons; and 9.19 (iv) the offender's lack of education or employment 9.20 stability; 9.21 (5) whether the offender has indicated or credible evidence 9.22 in the record indicates that the offender will reoffend if 9.23 released into the community; and 9.24 (6) whether the offender demonstrates a physical condition 9.25 that minimizes the risk of reoffense, including but not limited 9.26 to, advanced age or a debilitating illness or physical condition. 9.27 (h) Upon the request of the law enforcement agency or the 9.28 offender's corrections agent, the commissioner may reconvene the 9.29 end-of-confinement review committee for the purpose of 9.30 reassessing the risk level to which an offender has been 9.31 assigned under paragraph (e). In a request for a reassessment, 9.32 the law enforcement agency which was responsible for the charge 9.33 resulting in confinement or agent shall list the facts and 9.34 circumstances arising after the initial assignment or facts and 9.35 circumstances known to law enforcement or the agent but not 9.36 considered by the committee under paragraph (e) which support 10.1 the request for a reassessment. The request for reassessment 10.2 must occur within 30 days of receipt of the report indicating 10.3 the offender's risk level assignment. Upon review of the 10.4 request, the end-of-confinement review committee may reassign an 10.5 offender to a different risk level. If the offender is 10.6 reassigned to a higher risk level, the offender has the right to 10.7 seek review of the committee's determination under subdivision 6. 10.8 (i) An offender may request the end-of-confinement review 10.9 committee to reassess the offender's assigned risk level after 10.10 three years have elapsed since the committee's initial risk 10.11 assessment and may renew the request once every two years 10.12 following subsequent denials. In a request for reassessment, 10.13 the offender shall list the facts and circumstances which 10.14 demonstrate that the offender no longer poses the same degree of 10.15 risk to the community. In order for a request for a risk level 10.16 reduction to be granted, the offender must demonstrate full 10.17 compliance with supervised release conditions, completion of 10.18 required post-release treatment programming, and full compliance 10.19 with all registration requirements as detailed in section 10.20 243.166. The offender must also not have been convicted of any 10.21 felony, gross misdemeanor, or misdemeanor offenses subsequent to 10.22 the assignment of the original risk level. The committee shall 10.23 follow the process outlined in paragraphs (a) to(e), and10.24(g)(c) in the reassessment. An offender who is incarcerated 10.25 may not request a reassessment under this paragraph. 10.26 (j) The commissioner shall establish an end-of-confinement 10.27 review committee to assign a risk level to offenders who are 10.28 released from a federal correctional facility in Minnesota or 10.29 another state and who intend to reside in Minnesota, and to 10.30 offenders accepted from another state under a reciprocal 10.31 agreement for parole supervision under the interstate compact 10.32 authorized by section 243.16. The committee shall make 10.33 reasonable efforts to conform to the same timelines as applied 10.34 to Minnesota cases. Offenders accepted from another state under 10.35 a reciprocal agreement for probation supervision are not 10.36 assigned a risk level, but are considered downward dispositional 11.1 departures. The probation or court services officer and law 11.2 enforcement officer shall manage such cases in accordance with 11.3 section 244.10, subdivision 2a. The policies and procedures of 11.4 the committee for federal offenders and interstate compact cases 11.5 must be in accordance with all requirements as set forth in this 11.6 section, unless restrictions caused by the nature of federal or 11.7 interstate transfers prevents such conformance. 11.8 (k) If the committee assigns a predatory offender to risk 11.9 level III, the committee shall determine whether residency 11.10 restrictions shall be included in the conditions of the 11.11 offender's release based on the offender's pattern of offending 11.12 behavior. 11.13 ARTICLE 3 11.14 CORRECTIONS AGENT REQUEST REVIEW OF RISK LEVEL 11.15 Section 1. Minnesota Statutes 2000, section 244.052, 11.16 subdivision 3, is amended to read: 11.17 Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 11.18 commissioner of corrections shall establish and administer 11.19 end-of-confinement review committees at each state correctional 11.20 facility and at each state treatment facility where predatory 11.21 offenders are confined. The committees shall assess on a 11.22 case-by-case basis the public risk posed by predatory offenders 11.23 who are about to be released from confinement. 11.24 (b) Each committee shall be a standing committee and shall 11.25 consist of the following members appointed by the commissioner: 11.26 (1) the chief executive officer or head of the correctional 11.27 or treatment facility where the offender is currently confined, 11.28 or that person's designee; 11.29 (2) a law enforcement officer; 11.30 (3) a treatment professional who is trained in the 11.31 assessment of sex offenders; 11.32 (4) a caseworker experienced in supervising sex offenders; 11.33 and 11.34 (5) a victim's services professional. 11.35 Members of the committee, other than the facility's chief 11.36 executive officer or head, shall be appointed by the 12.1 commissioner to two-year terms. The chief executive officer or 12.2 head of the facility or designee shall act as chair of the 12.3 committee and shall use the facility's staff, as needed, to 12.4 administer the committee, obtain necessary information from 12.5 outside sources, and prepare risk assessment reports on 12.6 offenders. 12.7 (c) The committee shall have access to the following data 12.8 on a predatory offender only for the purposes of its assessment 12.9 and to defend the committee's risk assessment determination upon 12.10 administrative review under this section: 12.11 (1) private medical data under section 13.384 or 144.335, 12.12 or welfare data under section 13.46 that relate to medical 12.13 treatment of the offender; 12.14 (2) private and confidential court services data under 12.15 section 13.84; 12.16 (3) private and confidential corrections data under section 12.17 13.85; and 12.18 (4) private criminal history data under section 13.87. 12.19 Data collected and maintained by the committee under this 12.20 paragraph may not be disclosed outside the committee, except as 12.21 provided under section 13.05, subdivision 3 or 4. The predatory 12.22 offender has access to data on the offender collected and 12.23 maintained by the committee, unless the data are confidential 12.24 data received under this paragraph. 12.25 (d)(i) Except as otherwise provided in item (ii), at least 12.26 90 days before a predatory offender is to be released from 12.27 confinement, the commissioner of corrections shall convene the 12.28 appropriate end-of-confinement review committee for the purpose 12.29 of assessing the risk presented by the offender and determining 12.30 the risk level to which the offender shall be assigned under 12.31 paragraph (e). The offender and the law enforcement agency that 12.32 was responsible for the charge resulting in confinement shall be 12.33 notified of the time and place of the committee's meeting. The 12.34 offender has a right to be present and be heard at the meeting. 12.35 The law enforcement agency may provide material in writing that 12.36 is relevant to the offender's risk level to the chair of the 13.1 committee. The committee shall use the risk factors described 13.2 in paragraph (g) and the risk assessment scale developed under 13.3 subdivision 2 to determine the offender's risk assessment score 13.4 and risk level. Offenders scheduled for release from 13.5 confinement shall be assessed by the committee established at 13.6 the facility from which the offender is to be released. 13.7 (ii) If an offender is received for confinement in a 13.8 facility with less than 90 days remaining in the offender's term 13.9 of confinement, the offender's risk shall be assessed at the 13.10 first regularly scheduled end of confinement review committee 13.11 that convenes after the appropriate documentation for the risk 13.12 assessment is assembled by the committee. The commissioner 13.13 shall make reasonable efforts to ensure that offender's risk is 13.14 assessed and a risk level is assigned or reassigned at least 30 13.15 days before the offender's release date. 13.16 (e) The committee shall assign to risk level I a predatory 13.17 offender whose risk assessment score indicates a low risk of 13.18 reoffense. The committee shall assign to risk level II an 13.19 offender whose risk assessment score indicates a moderate risk 13.20 of reoffense. The committee shall assign to risk level III an 13.21 offender whose risk assessment score indicates a high risk of 13.22 reoffense. 13.23 (f) Before the predatory offender is released from 13.24 confinement, the committee shall prepare a risk assessment 13.25 report which specifies the risk level to which the offender has 13.26 been assigned and the reasons underlying the committee's risk 13.27 assessment decision. The committee shall give the report to the 13.28 offender and to the law enforcement agency at least 60 days 13.29 before an offender is released from confinement. If the risk 13.30 assessment is performed under the circumstances described in 13.31 paragraph (d), item (ii), the report shall be given to the 13.32 offender and the law enforcement agency as soon as it is 13.33 available. The committee also shall inform the offender of the 13.34 availability of review under subdivision 6. 13.35 (g) As used in this subdivision, "risk factors" includes, 13.36 but is not limited to, the following factors: 14.1 (1) the seriousness of the offense should the offender 14.2 reoffend. This factor includes consideration of the following: 14.3 (i) the degree of likely force or harm; 14.4 (ii) the degree of likely physical contact; and 14.5 (iii) the age of the likely victim; 14.6 (2) the offender's prior offense history. This factor 14.7 includes consideration of the following: 14.8 (i) the relationship of prior victims to the offender; 14.9 (ii) the number of prior offenses or victims; 14.10 (iii) the duration of the offender's prior offense history; 14.11 (iv) the length of time since the offender's last prior 14.12 offense while the offender was at risk to commit offenses; and 14.13 (v) the offender's prior history of other antisocial acts; 14.14 (3) the offender's characteristics. This factor includes 14.15 consideration of the following: 14.16 (i) the offender's response to prior treatment efforts; and 14.17 (ii) the offender's history of substance abuse; 14.18 (4) the availability of community supports to the offender. 14.19 This factor includes consideration of the following: 14.20 (i) the availability and likelihood that the offender will 14.21 be involved in therapeutic treatment; 14.22 (ii) the availability of residential supports to the 14.23 offender, such as a stable and supervised living arrangement in 14.24 an appropriate location; 14.25 (iii) the offender's familial and social relationships, 14.26 including the nature and length of these relationships and the 14.27 level of support that the offender may receive from these 14.28 persons; and 14.29 (iv) the offender's lack of education or employment 14.30 stability; 14.31 (5) whether the offender has indicated or credible evidence 14.32 in the record indicates that the offender will reoffend if 14.33 released into the community; and 14.34 (6) whether the offender demonstrates a physical condition 14.35 that minimizes the risk of reoffense, including but not limited 14.36 to, advanced age or a debilitating illness or physical condition. 15.1 (h) Upon the request of the law enforcement agency or the 15.2 offender's corrections agent, the commissioner may reconvene the 15.3 end-of-confinement review committee for the purpose of 15.4 reassessing the risk level to which an offender has been 15.5 assigned under paragraph (e). In a request for a reassessment, 15.6 the law enforcement agency which was responsible for the charge 15.7 resulting in confinement or agent shall list the facts and 15.8 circumstances arising after the initial assignment or facts and 15.9 circumstances known to law enforcement or the agent but not 15.10 considered by the committee under paragraph (e) which support 15.11 the request for a reassessment. The request for reassessment by 15.12 the law enforcement agency must occur within 30 days of receipt 15.13 of the report indicating the offender's risk level 15.14 assignment. The offender's corrections agent, in consultation 15.15 with the chief law enforcement officer in the area where the 15.16 offender resides or intends to reside, may request a review of a 15.17 risk level at any time if substantial evidence exists that the 15.18 offender's risk level should be reviewed by an 15.19 end-of-confinement review committee. This evidence includes, 15.20 but is not limited to, evidence of treatment failures or 15.21 completions, evidence of exceptional crime-free community 15.22 adjustment or lack of appropriate adjustment, evidence of 15.23 substantial community need to know more about the offender or 15.24 mitigating circumstances that would narrow the proposed scope of 15.25 notification, or other practical situations articulated and 15.26 based in evidence of the offender's behavior while under 15.27 supervision. Upon review of the request, the end-of-confinement 15.28 review committee may reassign an offender to a different risk 15.29 level. If the offender is reassigned to a higher risk level, 15.30 the offender has the right to seek review of the committee's 15.31 determination under subdivision 6. 15.32 (i) An offender may request the end-of-confinement review 15.33 committee to reassess the offender's assigned risk level after 15.34 three years have elapsed since the committee's initial risk 15.35 assessment and may renew the request once every two years 15.36 following subsequent denials. In a request for reassessment, 16.1 the offender shall list the facts and circumstances which 16.2 demonstrate that the offender no longer poses the same degree of 16.3 risk to the community. The committee shall follow the process 16.4 outlined in paragraphs (a) to (e), and (g) in the reassessment. 16.5 An offender who is incarcerated may not request a reassessment 16.6 under this paragraph. 16.7 (j) The commissioner shall establish an end-of-confinement 16.8 review committee to assign a risk level to offenders who are 16.9 released from a federal correctional facility in Minnesota or 16.10 another state and who intend to reside in Minnesota, and to 16.11 offenders accepted from another state under a reciprocal 16.12 agreement for parole supervision under the interstate compact 16.13 authorized by section 243.16. The committee shall make 16.14 reasonable efforts to conform to the same timelines as applied 16.15 to Minnesota cases. Offenders accepted from another state under 16.16 a reciprocal agreement for probation supervision are not 16.17 assigned a risk level, but are considered downward dispositional 16.18 departures. The probation or court services officer and law 16.19 enforcement officer shall manage such cases in accordance with 16.20 section 244.10, subdivision 2a. The policies and procedures of 16.21 the committee for federal offenders and interstate compact cases 16.22 must be in accordance with all requirements as set forth in this 16.23 section, unless restrictions caused by the nature of federal or 16.24 interstate transfers prevents such conformance. 16.25 (k) If the committee assigns a predatory offender to risk 16.26 level III, the committee shall determine whether residency 16.27 restrictions shall be included in the conditions of the 16.28 offender's release based on the offender's pattern of offending 16.29 behavior. 16.30 ARTICLE 4 16.31 RELEASED VIOLATORS RIGHT TO RISK ASSESSMENT 16.32 Section 1. Minnesota Statutes 2000, section 244.052, 16.33 subdivision 3, is amended to read: 16.34 Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 16.35 commissioner of corrections shall establish and administer 16.36 end-of-confinement review committees at each state correctional 17.1 facility and at each state treatment facility where predatory 17.2 offenders are confined. The committees shall assess on a 17.3 case-by-case basis the public risk posed by predatory offenders 17.4 who are about to be released from confinement. 17.5 (b) Each committee shall be a standing committee and shall 17.6 consist of the following members appointed by the commissioner: 17.7 (1) the chief executive officer or head of the correctional 17.8 or treatment facility where the offender is currently confined, 17.9 or that person's designee; 17.10 (2) a law enforcement officer; 17.11 (3) a treatment professional who is trained in the 17.12 assessment of sex offenders; 17.13 (4) a caseworker experienced in supervising sex offenders; 17.14 and 17.15 (5) a victim's services professional. 17.16 Members of the committee, other than the facility's chief 17.17 executive officer or head, shall be appointed by the 17.18 commissioner to two-year terms. The chief executive officer or 17.19 head of the facility or designee shall act as chair of the 17.20 committee and shall use the facility's staff, as needed, to 17.21 administer the committee, obtain necessary information from 17.22 outside sources, and prepare risk assessment reports on 17.23 offenders. 17.24 (c) The committee shall have access to the following data 17.25 on a predatory offender only for the purposes of its assessment 17.26 and to defend the committee's risk assessment determination upon 17.27 administrative review under this section: 17.28 (1) private medical data under section 13.384 or 144.335, 17.29 or welfare data under section 13.46 that relate to medical 17.30 treatment of the offender; 17.31 (2) private and confidential court services data under 17.32 section 13.84; 17.33 (3) private and confidential corrections data under section 17.34 13.85; and 17.35 (4) private criminal history data under section 13.87. 17.36 Data collected and maintained by the committee under this 18.1 paragraph may not be disclosed outside the committee, except as 18.2 provided under section 13.05, subdivision 3 or 4. The predatory 18.3 offender has access to data on the offender collected and 18.4 maintained by the committee, unless the data are confidential 18.5 data received under this paragraph. 18.6 (d)(i) Except as otherwise provided in item (ii), at least 18.7 90 days before a predatory offender is to be released from 18.8 confinement, the commissioner of corrections shall convene the 18.9 appropriate end-of-confinement review committee for the purpose 18.10 of assessing the risk presented by the offender and determining 18.11 the risk level to which the offender shall be assigned under 18.12 paragraph (e). The offender and the law enforcement agency that 18.13 was responsible for the charge resulting in confinement shall be 18.14 notified of the time and place of the committee's meeting. The 18.15 offender has a right to be present and be heard at the meeting. 18.16 The law enforcement agency may provide material in writing that 18.17 is relevant to the offender's risk level to the chair of the 18.18 committee. The committee shall use the risk factors described 18.19 in paragraph (g) and the risk assessment scale developed under 18.20 subdivision 2 to determine the offender's risk assessment score 18.21 and risk level. Offenders scheduled for release from 18.22 confinement shall be assessed by the committee established at 18.23 the facility from which the offender is to be released. 18.24 (ii) If an offender is received for confinement in a 18.25 facility with less than 90 days remaining in the offender's term 18.26 of confinement, the offender's risk shall be assessed at the 18.27 first regularly scheduled end of confinement review committee 18.28 that convenes after the appropriate documentation for the risk 18.29 assessment is assembled by the committee. The commissioner 18.30 shall make reasonable efforts to ensure that offender's risk is 18.31 assessed and a risk level is assigned or reassigned at least 30 18.32 days before the offender's release date. 18.33 (e) The committee shall assign to risk level I a predatory 18.34 offender whose risk assessment score indicates a low risk of 18.35 reoffense. The committee shall assign to risk level II an 18.36 offender whose risk assessment score indicates a moderate risk 19.1 of reoffense. The committee shall assign to risk level III an 19.2 offender whose risk assessment score indicates a high risk of 19.3 reoffense. 19.4 (f) Before the predatory offender is released from 19.5 confinement, the committee shall prepare a risk assessment 19.6 report which specifies the risk level to which the offender has 19.7 been assigned and the reasons underlying the committee's risk 19.8 assessment decision. The committee shall give the report to the 19.9 offender and to the law enforcement agency at least 60 days 19.10 before an offender is released from confinement. If the risk 19.11 assessment is performed under the circumstances described in 19.12 paragraph (d), item (ii), the report shall be given to the 19.13 offender and the law enforcement agency as soon as it is 19.14 available. The committee also shall inform the offender of the 19.15 availability of review under subdivision 6. 19.16 (g) As used in this subdivision, "risk factors" includes, 19.17 but is not limited to, the following factors: 19.18 (1) the seriousness of the offense should the offender 19.19 reoffend. This factor includes consideration of the following: 19.20 (i) the degree of likely force or harm; 19.21 (ii) the degree of likely physical contact; and 19.22 (iii) the age of the likely victim; 19.23 (2) the offender's prior offense history. This factor 19.24 includes consideration of the following: 19.25 (i) the relationship of prior victims to the offender; 19.26 (ii) the number of prior offenses or victims; 19.27 (iii) the duration of the offender's prior offense history; 19.28 (iv) the length of time since the offender's last prior 19.29 offense while the offender was at risk to commit offenses; and 19.30 (v) the offender's prior history of other antisocial acts; 19.31 (3) the offender's characteristics. This factor includes 19.32 consideration of the following: 19.33 (i) the offender's response to prior treatment efforts; and 19.34 (ii) the offender's history of substance abuse; 19.35 (4) the availability of community supports to the offender. 19.36 This factor includes consideration of the following: 20.1 (i) the availability and likelihood that the offender will 20.2 be involved in therapeutic treatment; 20.3 (ii) the availability of residential supports to the 20.4 offender, such as a stable and supervised living arrangement in 20.5 an appropriate location; 20.6 (iii) the offender's familial and social relationships, 20.7 including the nature and length of these relationships and the 20.8 level of support that the offender may receive from these 20.9 persons; and 20.10 (iv) the offender's lack of education or employment 20.11 stability; 20.12 (5) whether the offender has indicated or credible evidence 20.13 in the record indicates that the offender will reoffend if 20.14 released into the community; and 20.15 (6) whether the offender demonstrates a physical condition 20.16 that minimizes the risk of reoffense, including but not limited 20.17 to, advanced age or a debilitating illness or physical condition. 20.18 (h) Upon the request of the law enforcement agency or the 20.19 offender's corrections agent, the commissioner may reconvene the 20.20 end-of-confinement review committee for the purpose of 20.21 reassessing the risk level to which an offender has been 20.22 assigned under paragraph (e). In a request for a reassessment, 20.23 the law enforcement agency which was responsible for the charge 20.24 resulting in confinement or agent shall list the facts and 20.25 circumstances arising after the initial assignment or facts and 20.26 circumstances known to law enforcement or the agent but not 20.27 considered by the committee under paragraph (e) which support 20.28 the request for a reassessment. The request for reassessment 20.29 must occur within 30 days of receipt of the report indicating 20.30 the offender's risk level assignment. Upon review of the 20.31 request, the end-of-confinement review committee may reassign an 20.32 offender to a different risk level. If the offender is 20.33 reassigned to a higher risk level, the offender has the right to 20.34 seek review of the committee's determination under subdivision 6. 20.35 (i) An offender may request the end-of-confinement review 20.36 committee to reassess the offender's assigned risk level after 21.1 three years have elapsed since the committee's initial risk 21.2 assessment and may renew the request once every two years 21.3 following subsequent denials. In a request for reassessment, 21.4 the offender shall list the facts and circumstances which 21.5 demonstrate that the offender no longer poses the same degree of 21.6 risk to the community. The committee shall follow the process 21.7 outlined in paragraphs (a) to (e), and (g) in the reassessment. 21.8 An offender who is incarcerated may not request a reassessment 21.9 under this paragraph. 21.10 (j) Offenders returned to prison as release violators shall 21.11 not have a right to a subsequent risk reassessment by the 21.12 end-of-confinement review committee unless substantial evidence 21.13 determines that the offender's risk to the public has increased. 21.14 (k) The commissioner shall establish an end-of-confinement 21.15 review committee to assign a risk level to offenders who are 21.16 released from a federal correctional facility in Minnesota or 21.17 another state and who intend to reside in Minnesota, and to 21.18 offenders accepted from another state under a reciprocal 21.19 agreement for parole supervision under the interstate compact 21.20 authorized by section 243.16. The committee shall make 21.21 reasonable efforts to conform to the same timelines as applied 21.22 to Minnesota cases. Offenders accepted from another state under 21.23 a reciprocal agreement for probation supervision are not 21.24 assigned a risk level, but are considered downward dispositional 21.25 departures. The probation or court services officer and law 21.26 enforcement officer shall manage such cases in accordance with 21.27 section 244.10, subdivision 2a. The policies and procedures of 21.28 the committee for federal offenders and interstate compact cases 21.29 must be in accordance with all requirements as set forth in this 21.30 section, unless restrictions caused by the nature of federal or 21.31 interstate transfers prevents such conformance. 21.32(k)(l) If the committee assigns a predatory offender to 21.33 risk level III, the committee shall determine whether residency 21.34 restrictions shall be included in the conditions of the 21.35 offender's release based on the offender's pattern of offending 21.36 behavior.