SF 1990

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; expanding the sex 
  1.3             offender registration act to include child pornography 
  1.4             offenses; requiring notification of local authorities 
  1.5             of the impending release of sex offenders; authorizing 
  1.6             the release to the public of information on registered 
  1.7             sex offenders under certain circumstances; 
  1.8             establishing an end-of-confinement review committee to 
  1.9             assess risks posed by release of sex offenders; 
  1.10            providing risk factors to be applied in the risk 
  1.11            assessment decision; amending Minnesota Statutes 1994, 
  1.12            section 609.115, by adding a subdivision; Minnesota 
  1.13            Statutes 1995 Supplement, section 243.166, 
  1.14            subdivisions 1 and 7; proposing coding for new law in 
  1.15            Minnesota Statutes, chapters 244 and 609. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  [LEGISLATIVE FINDINGS AND PURPOSE.] 
  1.18     The legislature finds that if members of the public are 
  1.19  provided adequate notice and information about a potentially 
  1.20  dangerous sex offender who has been or is about to be released 
  1.21  from custody and who lives or will live in or near their 
  1.22  neighborhood, the community can develop constructive plans to 
  1.23  prepare themselves and their children for the offender's release.
  1.24     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  1.25  243.166, subdivision 1, is amended to read: 
  1.26     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
  1.27  register under this section if:  
  1.28     (1) the person was charged with or petitioned for a felony 
  1.29  violation of or attempt to violate any of the following, and 
  1.30  convicted of or adjudicated delinquent for that offense or of 
  2.1   another offense arising out of the same set of circumstances: 
  2.2      (i) murder under section 609.185, clause (2); 
  2.3      (ii) kidnapping under section 609.25, involving a minor 
  2.4   victim; or 
  2.5      (iii) criminal sexual conduct under section 609.342; 
  2.6   609.343; 609.344; or 609.345; or 
  2.7      (2) the person was charged with or petitioned for using a 
  2.8   minor in a sexual performance in violation of section 617.246, 
  2.9   or possessing pictorial representations of minors in violation 
  2.10  of section 617.247, and convicted of or adjudicated delinquent 
  2.11  for that offense or another offense arising out of the same set 
  2.12  of circumstances; or 
  2.13     (3) the person was convicted of a predatory crime as 
  2.14  defined in section 609.1352, and the offender was sentenced as a 
  2.15  patterned sex offender or the court found on its own motion or 
  2.16  that of the prosecutor that the crime was part of a predatory 
  2.17  pattern of behavior that had criminal sexual conduct as its 
  2.18  goal; or 
  2.19     (3) (4) the person was convicted of or adjudicated 
  2.20  delinquent for violating a law of the United States similar to 
  2.21  the offenses described in clause (1) or, (2), or (3). 
  2.22     (b) A person also shall register under this section if: 
  2.23     (1) the person was convicted of or adjudicated delinquent 
  2.24  in another state for an offense that would be a violation of a 
  2.25  law described in paragraph (a) if committed in this state; 
  2.26     (2) the person enters and remains in this state for 30 days 
  2.27  or longer; and 
  2.28     (3) ten years have not elapsed since the person was 
  2.29  released from confinement or, if the person was not confined, 
  2.30  since the person was convicted of or adjudicated delinquent for 
  2.31  the offense that triggers registration.  
  2.32     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  2.33  243.166, subdivision 7, is amended to read: 
  2.34     Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
  2.35  provided in sections 244.052 and 609.1353, the information 
  2.36  provided under this section is private data on individuals under 
  3.1   section 13.01, subdivision 12.  The information may be used only 
  3.2   for law enforcement purposes.  
  3.3      Sec. 4.  [244.052] [SEX OFFENDERS; NOTICE.] 
  3.4      Subdivision 1.  [DEFINITION.] As used in this section:  
  3.5      (1) "law enforcement agency" means the law enforcement 
  3.6   agency having primary jurisdiction over the location where the 
  3.7   offender expects to reside upon release; and 
  3.8      (2) "sex offender" and "offender" mean a person who has 
  3.9   been convicted of an offense for which registration under 
  3.10  section 243.166 is required. 
  3.11     Subd. 2.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
  3.12  commissioner of corrections shall establish and administer an 
  3.13  end-of-confinement review committee for the purpose of 
  3.14  assessing, on a case-by-case basis:  
  3.15     (1) the public risk posed by sex offenders who are about to 
  3.16  be released from confinement in a state or local correctional or 
  3.17  treatment facility; and 
  3.18     (2) the public risk posed by sex offenders who are accepted 
  3.19  from another state under a reciprocal agreement under the 
  3.20  interstate compact authorized by section 243.16.  
  3.21     The committee shall consist of the following members or 
  3.22  their designees: 
  3.23     (1) the commissioner of corrections; 
  3.24     (2) the head of the state or local correctional or 
  3.25  treatment facility where the offender is currently confined in 
  3.26  Minnesota, where applicable; 
  3.27     (3) the chief of the law enforcement agency; 
  3.28     (4) a treatment professional who is trained in the 
  3.29  assessment of sex offenders; 
  3.30     (5) if the offender will be under supervision, the 
  3.31  offender's corrections agent; 
  3.32     (6) a representative of a victim advocacy organization from 
  3.33  the area where the offender expects to reside upon release; and 
  3.34     (7) a public member from the area where the offender 
  3.35  expects to reside upon release. 
  3.36     The commissioner of corrections shall act as chair of the 
  4.1   committee and shall use department of corrections staff, as 
  4.2   needed, to administer the committee, obtain necessary 
  4.3   information from outside sources, and prepare assessment reports 
  4.4   on offenders. 
  4.5      (b) The committee shall have access to the following data 
  4.6   on a sex offender only for the purposes of its assessment under 
  4.7   this section: 
  4.8      (1) private medical data under section 13.42; 
  4.9      (2) private and confidential court services data under 
  4.10  section 13.84; 
  4.11     (3) private and confidential corrections data under section 
  4.12  13.85; and 
  4.13     (4) private criminal history data under section 13.87. 
  4.14     Data collected and maintained by the committee under this 
  4.15  paragraph shall not be disclosed outside the committee. 
  4.16     (c) At least 90 days before a sex offender is to be 
  4.17  released from confinement or accepted for supervision in this 
  4.18  state under the interstate compact, the commissioner of 
  4.19  corrections shall convene the end-of-confinement review 
  4.20  committee for the purpose of assessing the risk presented by the 
  4.21  offender's release and determining the risk level to which the 
  4.22  offender shall be assigned under paragraph (d).  In assessing 
  4.23  the risk presented by the offender, the committee shall take 
  4.24  into account risk factors such as those listed in paragraph (f). 
  4.25     (d) A sex offender whose history includes fewer than three 
  4.26  risk factors presents a low risk to the community and may be 
  4.27  assigned by the committee to risk level I.  A sex offender whose 
  4.28  history includes at least three risk factors presents an 
  4.29  intermediate risk to the community and may be assigned by the 
  4.30  committee to risk level II.  A sex offender whose history 
  4.31  includes at least five risk factors or includes both of the risk 
  4.32  factors described in paragraph (f), clauses (3) and (9), 
  4.33  presents a high risk to the community and shall be assigned by 
  4.34  the committee to risk level III. 
  4.35     (e) Before the sex offender is released from confinement or 
  4.36  accepted for supervision in this state under the interstate 
  5.1   compact, the committee shall prepare a risk assessment report 
  5.2   which specifies the risk level to which the offender has been 
  5.3   assigned and the reasons underlying the committee's risk 
  5.4   assessment decision.  The committee shall give the report to the 
  5.5   offender and to the law enforcement agency.  The committee also 
  5.6   shall inform the offender of the availability of judicial review 
  5.7   under subdivision 5. 
  5.8      (f) As used in this subdivision, "risk factors" includes 
  5.9   the following factors: 
  5.10     (1) the offender committed the crime or previous crimes 
  5.11  with a dangerous weapon or with the use of force; 
  5.12     (2) the offender has been convicted or adjudicated of or 
  5.13  has admitted to having committed more than one sex offense; 
  5.14     (3) the offender failed to successfully complete offered 
  5.15  sex offender treatment; 
  5.16     (4) the victim of the offender's offense was particularly 
  5.17  vulnerable due to age or physical or mental disability; 
  5.18     (5) the offender was convicted of an offense an element of 
  5.19  which involved the use of a position of authority or trust; 
  5.20     (6) the offender committed the offense by nurturing a 
  5.21  relationship with a victim who was a minor or a vulnerable 
  5.22  adult; 
  5.23     (7) the offender's prior offenses involved assaultive 
  5.24  behavior over an extended period of time; 
  5.25     (8) the offender's offense involved multiple victims; 
  5.26     (9) a psychological sex offender evaluation predicts that 
  5.27  the offender is highly likely to commit additional sex offenses 
  5.28  in the future; 
  5.29     (10) the sentencing court determined that the offender's 
  5.30  prior offense or offenses were particularly cruel or violent; 
  5.31  and 
  5.32     (11) any other specific factor that, in the committee's 
  5.33  opinion, significantly increases the risk presented to the 
  5.34  community by the offender's release. 
  5.35     (g) Upon the request of the law enforcement agency or the 
  5.36  offender's corrections agent, the commissioner may reconvene the 
  6.1   end-of-confinement review committee for the purpose of 
  6.2   reassessing the risk level to which an offender has been 
  6.3   assigned under paragraph (d).  In a request for a reassessment, 
  6.4   the law enforcement agency or agent must list the facts and 
  6.5   circumstances arising after the initial assignment under 
  6.6   paragraph (d), which support the request for a reassessment.  
  6.7   Upon review of the request, the end-of-confinement review 
  6.8   committee may reassign an offender to a different risk level.  
  6.9   If the offender is reassigned to a higher risk level, the 
  6.10  offender has the right to seek judicial review of the 
  6.11  committee's determination under subdivision 5. 
  6.12     (h) An offender may ask the end-of-confinement review 
  6.13  committee to reassess the offender's assigned risk level after 
  6.14  two years have elapsed since the committee's initial risk 
  6.15  assessment.  In a request for reassessment, the offender must 
  6.16  list the facts and circumstances which demonstrate that the 
  6.17  offender no longer poses the same degree of risk to the 
  6.18  community.  If the committee denies the offender's request for 
  6.19  reassessment, the offender may renew the request after two years 
  6.20  have elapsed since the committee's denial. 
  6.21     Subd. 3.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
  6.22  INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
  6.23  area where the sex offender resides, expects to reside, is 
  6.24  employed, or is regularly found, is authorized to disclose 
  6.25  information to the public regarding the offender if the agency 
  6.26  determines that disclosure of the information is relevant and 
  6.27  necessary to protect the public and to counteract the offender's 
  6.28  dangerousness.  The extent of the information disclosed and the 
  6.29  community to whom disclosure is made must relate to the level of 
  6.30  danger posed by the offender and to the need of community 
  6.31  members for information to enhance their individual and 
  6.32  collective safety.  The agency shall notify the offender of its 
  6.33  disclosure decision at least 45 days before the offender is 
  6.34  released from confinement. 
  6.35     (b) The law enforcement agency shall consider the following 
  6.36  guidelines in determining the scope of disclosure made under 
  7.1   this subdivision: 
  7.2      (1) if the offender is assessed as presenting a low risk to 
  7.3   the community, the law enforcement agency may maintain 
  7.4   information regarding the offender within the agency and may 
  7.5   disclose it to other law enforcement agencies.  Additionally, 
  7.6   the agency may disclose the information to any victims of or 
  7.7   witnesses to the offender's offense of conviction; 
  7.8      (2) if an offender is assessed as presenting an 
  7.9   intermediate risk to the community, the law enforcement agency 
  7.10  also may disclose the information to appropriate school 
  7.11  officials and neighborhood groups; and 
  7.12     (3) if an offender is assessed as presenting a high risk to 
  7.13  the community, the law enforcement agency also may disclose the 
  7.14  information to those community members and establishments to 
  7.15  whom, in the agency's judgment, the offender may pose a direct 
  7.16  or potential threat. 
  7.17     Notwithstanding the assessment of a sex offender as 
  7.18  presenting an intermediate or high risk, a law enforcement 
  7.19  agency shall not make the disclosures permitted by clause (2) or 
  7.20  (3) if the offender is placed or resides in a residential 
  7.21  facility that is licensed as a residential program, as defined 
  7.22  in section 245A.02, subdivision 14, by the commissioner of human 
  7.23  services under chapter 245A, or the commissioner of corrections 
  7.24  under section 241.021, and if the facility and its staff are 
  7.25  trained in the supervision of sex offenders. 
  7.26     (c) A law enforcement agency or official who decides to 
  7.27  disclose information under this subdivision shall make a good 
  7.28  faith effort to make the notification at least 14 days before an 
  7.29  offender is released from confinement.  If a change occurs in 
  7.30  the release plan, this notification provision does not require 
  7.31  an extension of the release date.  
  7.32     Subd. 4.  [RELEVANT INFORMATION PROVIDED TO LAW 
  7.33  ENFORCEMENT.] At least 60 days before a sex offender is released 
  7.34  from confinement, the department of corrections or the 
  7.35  department of human services, in the case of a person who was 
  7.36  committed under Minnesota Statutes 1992, section 526.10 or 
  8.1   section 253B.185 shall provide the appropriate law enforcement 
  8.2   agency all relevant information that the departments have 
  8.3   concerning the offender, including information on risk factors 
  8.4   in the offender's history. 
  8.5      Subd. 5.  [JUDICIAL REVIEW.] (a) A sex offender assigned to 
  8.6   level II or III under subdivision 2, paragraph (d), by an 
  8.7   end-of-confinement review committee has the right to seek 
  8.8   judicial review of the committee's determination.  The offender 
  8.9   must exercise this right within 14 days of receiving notice of 
  8.10  the law enforcement agency's community notification decision 
  8.11  under subdivision 3.  The petition for review may be filed in 
  8.12  the district court having jurisdiction either where the offender 
  8.13  is confined or where the offender will reside upon release.  The 
  8.14  filing of the petition shall not stay the law enforcement 
  8.15  agency's community notification actions unless the court orders 
  8.16  otherwise. 
  8.17     (b) The court shall schedule and hold a hearing on the 
  8.18  petition in an expedited manner.  The county attorney with 
  8.19  prosecutorial jurisdiction where the offender expects to reside 
  8.20  shall represent the end-of-confinement review committee's 
  8.21  decision at the hearing.  The offender shall be entitled to 
  8.22  present evidence and supporting witnesses and confront and 
  8.23  cross-examine opposing witnesses.  The county attorney has the 
  8.24  burden of proof to show, by a preponderance of the evidence, 
  8.25  that: 
  8.26     (1) the end-of-confinement review committee's risk 
  8.27  assessment was reasonable; 
  8.28     (2) disclosure of information about the offender to the 
  8.29  community is appropriate; and 
  8.30     (3) the notification actions proposed to be taken by the 
  8.31  law enforcement agency are reasonably related to the level of 
  8.32  danger presented by the offender. 
  8.33     (c) Either the offender or the county attorney may appeal 
  8.34  the risk assessment decision made by the district court.  
  8.35     Subd. 6.  [IMMUNITY FROM LIABILITY.] A state or local 
  8.36  agency or official, or a private organization or individual 
  9.1   authorized to act on behalf of a state or local agency or 
  9.2   official, is not civilly or criminally liable for disclosing or 
  9.3   failing to disclose information as permitted by this section.  
  9.4      Sec. 5.  [244.053] [NOTICE OF RELEASE OF CERTAIN 
  9.5   OFFENDERS.] 
  9.6      Subdivision 1.  [NOTICE OF IMPENDING RELEASE.] At least 60 
  9.7   days before the release of any inmate convicted of an offense 
  9.8   requiring registration under section 243.166, the commissioner 
  9.9   of corrections shall send written notice of the impending 
  9.10  release to the sheriff of the county and the police chief of the 
  9.11  city in which the inmate will reside or in which placement will 
  9.12  be made in a work release program.  The sheriff of the county 
  9.13  where the offender was convicted also shall be notified of the 
  9.14  inmate's impending release. 
  9.15     Subd. 2.  [ADDITIONAL NOTICE.] The same notice shall be 
  9.16  sent to the following persons concerning a specific inmate 
  9.17  convicted of an offense requiring registration under section 
  9.18  243.166: 
  9.19     (1) the victim of the crime for which the inmate was 
  9.20  convicted or a deceased victim's next of kin if the victim or 
  9.21  deceased victim's next of kin requests the notice in writing; 
  9.22     (2) any witnesses who testified against the inmate in any 
  9.23  court proceedings involving the offense, if the witness requests 
  9.24  the notice in writing; and 
  9.25     (3) any person specified in writing by the prosecuting 
  9.26  attorney. 
  9.27     If the victim or witness is under the age of 16, the notice 
  9.28  required by this section shall be sent to the parents or legal 
  9.29  guardian of the child.  The commissioner shall send the notices 
  9.30  required by this provision to the last address provided to the 
  9.31  commissioner by the requesting party.  The requesting party 
  9.32  shall furnish the commissioner with a current address.  
  9.33  Information regarding witnesses requesting the notice, 
  9.34  information regarding any other person specified in writing by 
  9.35  the prosecuting attorney to receive the notice, and the notice 
  9.36  are private data on individuals, as defined in section 13.02, 
 10.1   subdivision 12, and are not available to the inmate. 
 10.2      The notice to victims provided under this subdivision does 
 10.3   not limit the victim's right to request notice of release under 
 10.4   section 611A.06. 
 10.5      Subd. 3.  [NO EXTENSION OF RELEASE DATE.] The existence of 
 10.6   the notice requirements contained in this section shall in no 
 10.7   event require an extension of the release date. 
 10.8      Sec. 6.  Minnesota Statutes 1994, section 609.115, is 
 10.9   amended by adding a subdivision to read: 
 10.10     Subd. 10.  [SEX OFFENDER RISK ASSESSMENT.] (a) If a person 
 10.11  is convicted of an offense for which registration under section 
 10.12  243.166 is required, and either the offender's presumptive 
 10.13  sentence under the sentencing guidelines is a stayed sentence or 
 10.14  a motion for a mitigated dispositional departure has been made 
 10.15  by counsel, the probation officer shall assess the risk 
 10.16  presented by the offender to the community where the offender 
 10.17  will reside while on probation and shall determine the risk 
 10.18  level to which the offender shall be assigned under paragraph 
 10.19  (b).  In assessing the risk presented by the offender, the 
 10.20  officer shall take into account risk factors such as those 
 10.21  listed in paragraph (d). 
 10.22     (b) An offender whose history includes fewer than three 
 10.23  risk factors presents a low risk to the community and shall be 
 10.24  assigned by the officer to risk level I.  An offender whose 
 10.25  history includes at least three risk factors presents an 
 10.26  intermediate risk to the community and shall be assigned by the 
 10.27  officer to risk level II.  An offender whose history includes at 
 10.28  least five risk factors or includes both of the risk factors 
 10.29  described in paragraph (d), clauses (3) and (9), presents a high 
 10.30  risk to the community and shall be assigned by the officer to 
 10.31  risk level III. 
 10.32     (c) The officer shall include the risk assessment, 
 10.33  including the risk level to which the offender has been 
 10.34  assigned, in the presentence investigation report.  If the 
 10.35  offender is assigned to the intermediate or high-risk level, the 
 10.36  probation officer shall include in the report a description of 
 11.1   the notification actions likely to be taken by the local law 
 11.2   enforcement agency under section 609.1353. 
 11.3      (d) As used in this subdivision, "risk factors" includes 
 11.4   the following factors: 
 11.5      (1) the offender committed the crime or previous crimes 
 11.6   with a dangerous weapon or with the use of force; 
 11.7      (2) the offender has been convicted or adjudicated of or 
 11.8   has admitted to having committed more than one sex offense; 
 11.9      (3) the offender failed to successfully complete offered 
 11.10  sex offender treatment; 
 11.11     (4) the victim of the offender's offense was particularly 
 11.12  vulnerable due to age or physical or mental disability; 
 11.13     (5) the offender was convicted of an offense an element of 
 11.14  which involved the use of a position of authority or trust; 
 11.15     (6) the offender committed the offense by nurturing a 
 11.16  relationship with a victim who was a minor or a vulnerable 
 11.17  adult; 
 11.18     (7) the offender's prior offenses involved assaultive 
 11.19  behavior over an extended period of time; 
 11.20     (8) the offender's offense involved multiple victims; 
 11.21     (9) a psychological sex offender evaluation predicts that 
 11.22  the offender is highly likely to commit additional sex offenses 
 11.23  in the future; 
 11.24     (10) the sentencing court determined that the offender's 
 11.25  prior offense or offenses were particularly cruel or violent; 
 11.26  and 
 11.27     (11) any other specific factor that, in the probation 
 11.28  officer's opinion, significantly increases the risk presented to 
 11.29  the community by the offender. 
 11.30     Sec. 7.  [609.1353] [SENTENCING OF SEX OFFENDERS; 
 11.31  DISCLOSURE OF INFORMATION.] 
 11.32     Subdivision 1.  [DEFINITION.] As used in this section: 
 11.33     (1) "law enforcement agency" means the law enforcement 
 11.34  agency having primary jurisdiction over the location where the 
 11.35  offender resides or expects to reside; and 
 11.36     (2) "sex offender" and "offender" mean a person who has 
 12.1   been convicted of an offense for which registration under 
 12.2   section 243.166 is required. 
 12.3      Subd. 2.  [RISK ASSESSMENT REVIEW.] When a court sentences 
 12.4   a sex offender to a stayed sentence, the court shall review the 
 12.5   risk assessment included in the presentence investigation report 
 12.6   under section 609.115, subdivision 10, and the risk level to 
 12.7   which the offender was assigned by the probation officer.  If 
 12.8   the risk assessment assigns the offender to level II or III, the 
 12.9   court shall make a determination at the sentencing hearing on 
 12.10  the following issues: 
 12.11     (1) whether the probation officer's risk assessment was 
 12.12  reasonable; 
 12.13     (2) whether disclosure of information about the offender to 
 12.14  the community is appropriate; and 
 12.15     (3) whether the notification actions proposed to be taken 
 12.16  by the law enforcement agency are reasonably related to the 
 12.17  level of danger presented by the offender. 
 12.18     The offender has the right to contest the risk assessment 
 12.19  at the sentencing hearing by presenting evidence and witnesses 
 12.20  in opposition to evidence contained in the risk assessment and 
 12.21  by confronting and cross-examining opposing witnesses.  The 
 12.22  prosecuting attorney has the burden of proof to show, by a 
 12.23  preponderance of the evidence, that the risk assessment and 
 12.24  proposed notification actions are reasonable and appropriate.  
 12.25     Subd. 3.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
 12.26  INFORMATION TO PUBLIC.] (a) At the conclusion of the hearing 
 12.27  under subdivision 2, the court shall notify the offender, the 
 12.28  prosecuting attorney, and the law enforcement agency of the risk 
 12.29  level to which the offender has been assigned, as approved or 
 12.30  modified by the court.  Either the offender or the prosecuting 
 12.31  attorney may appeal the court's risk assessment decision.  
 12.32     (b) Consistent with the court's notification under 
 12.33  subdivision 1, the law enforcement agency notified by the court 
 12.34  and any law enforcement agency where the offender is employed or 
 12.35  is regularly found are authorized to disclose information to the 
 12.36  public regarding the offender if the agency determines that 
 13.1   disclosure of the information is relevant and necessary to 
 13.2   protect the public and to counteract the offender's 
 13.3   dangerousness.  The extent of the information disclosed and the 
 13.4   community to whom disclosure is made must relate to the level of 
 13.5   danger posed by the offender and to the need of community 
 13.6   members for information to enhance their individual and 
 13.7   collective safety. 
 13.8      (c) The law enforcement agency shall consider the following 
 13.9   guidelines in determining the scope of disclosure made under 
 13.10  this subdivision: 
 13.11     (1) if an offender is assessed as presenting a low risk to 
 13.12  the community, the law enforcement agency may maintain 
 13.13  information regarding the offender within the agency and may 
 13.14  disclose it to other law enforcement agencies.  Additionally, 
 13.15  the agency may disclose the information to any victims of or 
 13.16  witnesses to the offender's offense of conviction; 
 13.17     (2) if an offender is assessed as presenting an 
 13.18  intermediate risk to the community, the law enforcement agency 
 13.19  also may disclose the information to appropriate school 
 13.20  officials and neighborhood groups; and 
 13.21     (3) if an offender is assessed as presenting a high risk to 
 13.22  the community, the law enforcement agency also may disclose the 
 13.23  information to those community members and establishments to 
 13.24  whom, in the agency's judgment, the offender may pose a direct 
 13.25  or potential threat. 
 13.26     Subd. 4.  [IMMUNITY FROM LIABILITY.] A state or local 
 13.27  agency or official, or a private organization or individual 
 13.28  authorized to act on behalf of a state or local agency or 
 13.29  official, is not civilly or criminally liable for disclosing or 
 13.30  failing to disclose information as permitted by this section. 
 13.31     Sec. 8.  [COMMUNITY NOTIFICATION ABOUT SEX OFFENDERS; 
 13.32  POLICY AND INSTRUCTION.] 
 13.33     Subdivision 1.  [MODEL POLICY.] (a) By June 1, 1996, the 
 13.34  Minnesota chiefs of police association and the Minnesota 
 13.35  sheriffs association shall develop a model policy for law 
 13.36  enforcement agencies to follow when they disclose information on 
 14.1   sex offenders to the public under Minnesota Statutes, sections 
 14.2   244.052, subdivision 3 and 609.1353, subdivision 3.  The model 
 14.3   policy shall be designed to further the objectives of providing 
 14.4   adequate notice to the community concerning sex offenders who 
 14.5   are or will be residing in the neighborhood and of helping 
 14.6   community members develop constructive plans to prepare 
 14.7   themselves and their children for residing near these sex 
 14.8   offenders.  In developing the policy, the two associations shall 
 14.9   consult with representatives of the bureau of criminal 
 14.10  apprehension, the Minnesota association of women police, the 
 14.11  Minnesota sex crimes investigators association, the Minnesota 
 14.12  police and peace officers association, the Minnesota institute 
 14.13  of community policing, the county attorneys association, the 
 14.14  commissioner of corrections, local corrections agencies, the 
 14.15  state public defender, sex offender treatment professionals, 
 14.16  victims groups, and interested members of the public. 
 14.17     (b) The model policy shall, at a minimum, address the 
 14.18  following matters: 
 14.19     (1) recommended contents and form of community notification 
 14.20  documents; 
 14.21     (2) recommended method or methods of distributing community 
 14.22  notification documents; 
 14.23     (3) recommended methods of providing follow-up 
 14.24  notifications to community residents at specified intervals and 
 14.25  of disclosing information about offenders to law enforcement 
 14.26  agencies in other jurisdictions when necessary to protect the 
 14.27  public; 
 14.28     (4) recommended methods of educating community residents at 
 14.29  public meetings on how they can use the information in the 
 14.30  notification document in a reasonable manner to enhance their 
 14.31  individual and collective safety; 
 14.32     (5) procedures for ensuring that community members are 
 14.33  educated regarding the right of sex offenders not to be 
 14.34  subjected to harassment or criminal acts because of the 
 14.35  notification process; 
 14.36     (6) recommended ways of educating sex offenders before they 
 15.1   are released from incarceration on the nature and scope of the 
 15.2   notification process, the likely reaction of community residents 
 15.3   to their presence in the community, and their right to be free 
 15.4   from harassment or criminal acts committed by community 
 15.5   residents because of the notification process; and 
 15.6      (7) other matters that the associations deem necessary to 
 15.7   ensure the effective and fair administration of the community 
 15.8   notification law. 
 15.9      Subd. 2.  [LOCAL POLICY.] By August 1, 1996, all chief law 
 15.10  enforcement officers shall establish and implement a written 
 15.11  policy governing the public disclosure of information on sex 
 15.12  offenders under Minnesota Statutes, sections 244.052, 
 15.13  subdivision 3 and 609.1353, subdivision 3.  A chief law 
 15.14  enforcement officer shall adopt a policy that is identical or 
 15.15  substantially similar to the model policy developed by the 
 15.16  associations under subdivision 1. 
 15.17     Sec. 9.  [EFFECTIVE DATE.] 
 15.18     Section 2 is effective August 1, 1996, and applies to 
 15.19  persons who are released from prison on or after that date, who 
 15.20  are under supervision as of that date, or who enter this state 
 15.21  on or after that date. 
 15.22     Sections 1 and 3 to 7 are effective August 1, 1996, and 
 15.23  apply to persons released or sentenced on or after that date. 
 15.24     Section 8 is effective the day following final enactment.