SF 2586

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; requiring sex offender 
  1.3             treatment facilities to provide certain information 
  1.4             regarding sex offenders; clarifying which law 
  1.5             enforcement agency may request the end-of-confinement 
  1.6             review committee to reassess the risk level to which 
  1.7             an offender has been assigned; adjusting the time 
  1.8             within which certain requirements of the community 
  1.9             notification law must be met; eliminating duplicative 
  1.10            efforts on notifying victims of certain information; 
  1.11            amending Minnesota Statutes 1996, sections 241.67, 
  1.12            subdivision 8, and by adding a subdivision; 244.052, 
  1.13            subdivision 1; and 611A.037, subdivision 2; Minnesota 
  1.14            Statutes 1997 Supplement, section 244.052, 
  1.15            subdivisions 3, 4, and 5. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 1996, section 241.67, 
  1.18  subdivision 8, is amended to read: 
  1.19     Subd. 8.  [COMMUNITY-BASED SEX OFFENDER PROGRAM EVALUATION 
  1.20  PROJECT.] (a) For the purposes of this project, a sex offender 
  1.21  is an adult who has been convicted, or a juvenile who has been 
  1.22  adjudicated, for a sex offense or a sex-related offense and has 
  1.23  been sentenced to sex offender treatment as a condition of 
  1.24  probation which would require registration under section 244.166.
  1.25     (b) The commissioner shall develop a long-term project to 
  1.26  accomplish the following: 
  1.27     (1) provide follow-up information on each sex offender for 
  1.28  a period of three years following the offender's completion of 
  1.29  or termination from treatment; 
  1.30     (2) provide treatment programs in several geographical 
  2.1   areas in the state; 
  2.2      (3) provide the necessary data to form the basis to 
  2.3   recommend a fiscally sound plan to provide a coordinated 
  2.4   statewide system of effective sex offender treatment 
  2.5   programming; and 
  2.6      (4) provide an opportunity to local and regional 
  2.7   governments, agencies, and programs to establish models of sex 
  2.8   offender programs that are suited to the needs of that region. 
  2.9      (c) The commissioner shall provide the legislature with an 
  2.10  annual report of the data collected and the status of the 
  2.11  project by October 15 of each year, beginning in 1993. 
  2.12     (d) The commissioner shall establish an advisory task force 
  2.13  consisting of county probation officers from community 
  2.14  corrections act counties and other counties, court services 
  2.15  providers, and other interested officials.  The commissioner 
  2.16  shall consult with the task force concerning the establishment 
  2.17  and operation of the project. 
  2.18     Sec. 2.  Minnesota Statutes 1996, section 241.67, is 
  2.19  amended by adding a subdivision to read: 
  2.20     Subd. 9.  [INFORMATION ON SEX OFFENDER TREATMENT.] (a) All 
  2.21  sex offender treatment facilities that provide treatment to sex 
  2.22  offenders who begin treatment as a condition of probation shall 
  2.23  provide the commissioner relevant information on the treatment 
  2.24  of those offenders as the commissioner requests for the purpose 
  2.25  of this evaluation.  The information disclosed to the 
  2.26  commissioner shall only be reported in aggregate and that 
  2.27  information must not be used to designate additional sanctions 
  2.28  for any individual offender.  Information disclosed to the 
  2.29  commissioner shall not be admissible as evidence in any judicial 
  2.30  or administrative proceeding without the offender's consent. 
  2.31     (b) All county corrections agencies or court services 
  2.32  officers shall provide the commissioner information as requested 
  2.33  regarding juveniles and adults as defined in subdivision 8, 
  2.34  paragraph (a) for the purpose of completing the requirements of 
  2.35  subdivision 8. 
  2.36     Sec. 3.  Minnesota Statutes 1996, section 244.052, 
  3.1   subdivision 1, is amended to read: 
  3.2      Subdivision 1.  [DEFINITIONS.] As used in this section: 
  3.3      (1) "accepted for supervision" means accepted from another 
  3.4   state under a reciprocal agreement under the interstate compact 
  3.5   authorized by section 243.16; 
  3.6      (2) "confinement" means confinement in a state correctional 
  3.7   facility or a state treatment facility; 
  3.8      (3) (2) "law enforcement agency" means the law enforcement 
  3.9   agency having primary jurisdiction over the location where the 
  3.10  offender expects to reside upon release; and 
  3.11     (4) (3) "sex offender" and "offender" mean a person who has 
  3.12  been convicted of an offense for which registration under 
  3.13  section 243.166 is required or a person who has been committed 
  3.14  pursuant to a court commitment order under section 253B.185 or 
  3.15  Minnesota Statutes 1992, section 526.10, regardless of whether 
  3.16  the person was convicted of any offense. 
  3.17     Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  3.18  244.052, subdivision 3, is amended to read: 
  3.19     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
  3.20  commissioner of corrections shall establish and administer 
  3.21  end-of-confinement review committees at each state correctional 
  3.22  facility and at each state treatment facility where sex 
  3.23  offenders are confined.  The committees shall assess on a 
  3.24  case-by-case basis: 
  3.25     (1) the public risk posed by sex offenders who are about to 
  3.26  be released from confinement; and. 
  3.27     (2) the public risk posed by sex offenders who are accepted 
  3.28  from another state under a reciprocal agreement under the 
  3.29  interstate compact authorized by section 243.16.  
  3.30     (b) Each committee shall be a standing committee and shall 
  3.31  consist of the following members appointed by the commissioner: 
  3.32     (1) the chief executive officer or head of the correctional 
  3.33  or treatment facility where the offender is currently confined, 
  3.34  or that person's designee; 
  3.35     (2) a law enforcement officer; 
  3.36     (3) a treatment professional who is trained in the 
  4.1   assessment of sex offenders; 
  4.2      (4) a caseworker experienced in supervising sex offenders; 
  4.3   and 
  4.4      (5) an employee of the department of corrections from the a 
  4.5   victim's services unit professional. 
  4.6      Members of the committee, other than the facility's chief 
  4.7   executive officer or head, shall be appointed by the 
  4.8   commissioner to two-year terms.  The chief executive officer or 
  4.9   head of the facility or designee shall act as chair of the 
  4.10  committee and shall use the facility's staff, as needed, to 
  4.11  administer the committee, obtain necessary information from 
  4.12  outside sources, and prepare risk assessment reports on 
  4.13  offenders. 
  4.14     (c) The committee shall have access to the following data 
  4.15  on a sex offender only for the purposes of its assessment and to 
  4.16  defend the committee's risk assessment determination upon 
  4.17  administrative review under this section: 
  4.18     (1) private medical data under section 13.42 or 144.335, or 
  4.19  welfare data under section 13.46 that relate to medical 
  4.20  treatment of the offender; 
  4.21     (2) private and confidential court services data under 
  4.22  section 13.84; 
  4.23     (3) private and confidential corrections data under section 
  4.24  13.85; and 
  4.25     (4) private criminal history data under section 13.87. 
  4.26     Data collected and maintained by the committee under this 
  4.27  paragraph may not be disclosed outside the committee, except as 
  4.28  provided under section 13.05, subdivision 3 or 4.  The sex 
  4.29  offender has access to data on the offender collected and 
  4.30  maintained by the committee, unless the data are confidential 
  4.31  data received under this paragraph. 
  4.32     (d)(i) Except as otherwise provided in item (ii), at least 
  4.33  90 days before a sex offender is to be released from confinement 
  4.34  or accepted for supervision, the commissioner of corrections 
  4.35  shall convene the appropriate end-of-confinement review 
  4.36  committee for the purpose of assessing the risk presented by the 
  5.1   offender and determining the risk level to which the offender 
  5.2   shall be assigned under paragraph (e).  The offender shall be 
  5.3   notified of the time and place of the committee's meeting and 
  5.4   has a right to be present and be heard at the meeting.  The 
  5.5   committee shall use the risk factors described in paragraph (g) 
  5.6   and the risk assessment scale developed under subdivision 2 to 
  5.7   determine the offender's risk assessment score and risk level.  
  5.8   Offenders scheduled for release from confinement shall be 
  5.9   assessed by the committee established at the facility from which 
  5.10  the offender is to be released.  Offenders accepted for 
  5.11  supervision shall be assessed by whichever committee the 
  5.12  commissioner directs. (ii) If an offender is received for 
  5.13  confinement in a facility with less than 90 days remaining in 
  5.14  the offender's term of confinement, the offender's risk shall be 
  5.15  assessed at the first regularly scheduled end of confinement 
  5.16  review committee that convenes after the appropriate 
  5.17  documentation for the risk assessment is assembled by the 
  5.18  committee.  The commissioner shall make reasonable efforts to 
  5.19  ensure that offender's risk is assessed and a risk level is 
  5.20  assigned or reassigned at least 30 days before the offender's 
  5.21  release date. 
  5.22     (e) The committee shall assign to risk level I a sex 
  5.23  offender whose risk assessment score indicates a low risk of 
  5.24  reoffense.  The committee shall assign to risk level II an 
  5.25  offender whose risk assessment score indicates a moderate risk 
  5.26  of reoffense.  The committee shall assign to risk level III an 
  5.27  offender whose risk assessment score indicates a high risk of 
  5.28  reoffense. 
  5.29     (f) Before the sex offender is released from confinement or 
  5.30  accepted for supervision, the committee shall prepare a risk 
  5.31  assessment report which specifies the risk level to which the 
  5.32  offender has been assigned and the reasons underlying the 
  5.33  committee's risk assessment decision.  The committee shall give 
  5.34  the report to the offender and to the law enforcement agency at 
  5.35  least 60 days before an offender is released from confinement or 
  5.36  accepted for supervision.  If the risk assessment is performed 
  6.1   under the circumstances described in paragraph (d), item (ii), 
  6.2   the report shall be given to the offender and the law 
  6.3   enforcement agency as soon as it is available.  The committee 
  6.4   also shall inform the offender of the availability of review 
  6.5   under subdivision 6. 
  6.6      (g) As used in this subdivision, "risk factors" includes, 
  6.7   but is not limited to, the following factors: 
  6.8      (1) the seriousness of the offense should the offender 
  6.9   reoffend.  This factor includes consideration of the following:  
  6.10     (i) the degree of likely force or harm; 
  6.11     (ii) the degree of likely physical contact; and 
  6.12     (iii) the age of the likely victim; 
  6.13     (2) the offender's prior offense history.  This factor 
  6.14  includes consideration of the following: 
  6.15     (i) the relationship of prior victims to the offender; 
  6.16     (ii) the number of prior offenses or victims; 
  6.17     (iii) the duration of the offender's prior offense history; 
  6.18     (iv) the length of time since the offender's last prior 
  6.19  offense while the offender was at risk to commit offenses; and 
  6.20     (v) the offender's prior history of other antisocial acts; 
  6.21     (3) the offender's characteristics.  This factor includes 
  6.22  consideration of the following:  
  6.23     (i) the offender's response to prior treatment efforts; and 
  6.24     (ii) the offender's history of substance abuse; 
  6.25     (4) the availability of community supports to the offender. 
  6.26  This factor includes consideration of the following: 
  6.27     (i) the availability and likelihood that the offender will 
  6.28  be involved in therapeutic treatment; 
  6.29     (ii) the availability of residential supports to the 
  6.30  offender, such as a stable and supervised living arrangement in 
  6.31  an appropriate location; 
  6.32     (iii) the offender's familial and social relationships, 
  6.33  including the nature and length of these relationships and the 
  6.34  level of support that the offender may receive from these 
  6.35  persons; and 
  6.36     (iv) the offender's lack of education or employment 
  7.1   stability; 
  7.2      (5) whether the offender has indicated or credible evidence 
  7.3   in the record indicates that the offender will reoffend if 
  7.4   released into the community; and 
  7.5      (6) whether the offender demonstrates a physical condition 
  7.6   that minimizes the risk of reoffense, including but not limited 
  7.7   to, advanced age or a debilitating illness or physical condition.
  7.8      (h) Upon the request of the law enforcement agency or the 
  7.9   offender's corrections agent, the commissioner may reconvene the 
  7.10  end-of-confinement review committee for the purpose of 
  7.11  reassessing the risk level to which an offender has been 
  7.12  assigned under paragraph (e).  In a request for a reassessment, 
  7.13  the law enforcement agency which was responsible for the charge 
  7.14  resulting in confinement or agent shall list the facts and 
  7.15  circumstances arising after the initial assignment or facts and 
  7.16  circumstances known to law enforcement or the agent but not 
  7.17  considered by the committee under paragraph (e) which support 
  7.18  the request for a reassessment.  The request for reassessment 
  7.19  must occur within 30 days of receipt of the report indicating 
  7.20  the offender's risk level assignment.  Upon review of the 
  7.21  request, the end-of-confinement review committee may reassign an 
  7.22  offender to a different risk level.  If the offender is 
  7.23  reassigned to a higher risk level, the offender has the right to 
  7.24  seek review of the committee's determination under subdivision 6.
  7.25     (i) An offender may request the end-of-confinement review 
  7.26  committee to reassess the offender's assigned risk level after 
  7.27  two years have elapsed since the committee's initial risk 
  7.28  assessment and may renew the request once every two years 
  7.29  following subsequent denials.  In a request for reassessment, 
  7.30  the offender shall list the facts and circumstances which 
  7.31  demonstrate that the offender no longer poses the same degree of 
  7.32  risk to the community.  The committee shall follow the process 
  7.33  outlined in paragraphs (a) to (e), and (g) in the reassessment. 
  7.34     (j) The commissioner shall establish an end-of-confinement 
  7.35  review committee to assign a risk level to offenders accepted 
  7.36  from another state under a reciprocal agreement for parole 
  8.1   supervision under the interstate compact authorized by section 
  8.2   243.16.  The committee shall make reasonable efforts to conform 
  8.3   to the same timelines as applied to Minnesota cases.  Offenders 
  8.4   accepted from another state under a reciprocal agreement for 
  8.5   probation supervision are not assigned a risk level, but are 
  8.6   considered downward dispositional departures.  The probation or 
  8.7   court services officer and law enforcement officer shall manage 
  8.8   such cases in accordance with section 244.10, subdivision 2a. 
  8.9   The policies and procedures of the committee for interstate 
  8.10  compact cases must be in accordance with all requirements as set 
  8.11  forth in this section, unless restrictions caused by the nature 
  8.12  of interstate transfers prevents such conformance. 
  8.13     Sec. 5.  Minnesota Statutes 1997 Supplement, section 
  8.14  244.052, subdivision 4, is amended to read: 
  8.15     Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
  8.16  INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
  8.17  area where the sex offender resides, expects to reside, is 
  8.18  employed, or is regularly found, shall disclose to the public 
  8.19  any information regarding the offender contained in the report 
  8.20  forwarded to the agency under subdivision 3, paragraph (f), if 
  8.21  the agency determines that disclosure of the information is 
  8.22  relevant and necessary to protect the public and to counteract 
  8.23  the offender's dangerousness.  The extent of the information 
  8.24  disclosed and the community to whom disclosure is made must 
  8.25  relate to the level of danger posed by the offender, to the 
  8.26  offender's pattern of offending behavior, and to the need of 
  8.27  community members for information to enhance their individual 
  8.28  and collective safety. 
  8.29     (b) The law enforcement agency shall consider the following 
  8.30  guidelines in determining the scope of disclosure made under 
  8.31  this subdivision: 
  8.32     (1) if the offender is assigned to risk level I, the agency 
  8.33  may maintain information regarding the offender within the 
  8.34  agency and may disclose it to other law enforcement agencies.  
  8.35  Additionally, the agency may disclose the information to any 
  8.36  victims of or witnesses to the offense committed by the offender.
  9.1   The agency shall disclose the information to victims of the 
  9.2   offense committed by the offender who have requested disclosure; 
  9.3      (2) if the offender is assigned to risk level II, the 
  9.4   agency also may disclose the information to agencies and groups 
  9.5   that the offender is likely to encounter for the purpose of 
  9.6   securing those institutions and protecting individuals in their 
  9.7   care while they are on or near the premises of the institution.  
  9.8   These agencies and groups include the staff members of public 
  9.9   and private educational institutions, day care establishments, 
  9.10  and establishments and organizations that primarily serve 
  9.11  individuals likely to be victimized by the offender.  The agency 
  9.12  also may disclose the information to individuals the agency 
  9.13  believes are likely to be victimized by the offender.  The 
  9.14  agency's belief shall be based on the offender's pattern of 
  9.15  offending or victim preference as documented in the information 
  9.16  provided by the department of corrections or human services; 
  9.17     (3) if the offender is assigned to risk level III, the 
  9.18  agency also may disclose the information to other members of the 
  9.19  community whom the offender is likely to encounter. 
  9.20     Notwithstanding the assignment of a sex offender to risk 
  9.21  level II or III, a law enforcement agency may not make the 
  9.22  disclosures permitted by clause (2) or (3), if:  the offender is 
  9.23  placed or resides in a residential facility that is licensed as 
  9.24  a residential program, as defined in section 245A.02, 
  9.25  subdivision 14, by the commissioner of human services under 
  9.26  chapter 254A, or the commissioner of corrections under section 
  9.27  241.021; and the facility and its staff are trained in the 
  9.28  supervision of sex offenders.  However, if an offender is placed 
  9.29  or resides in a licensed facility, the head of the facility 
  9.30  shall notify the commissioner of corrections or the commissioner 
  9.31  of human services within 48 hours after finalizing the 
  9.32  offender's approved relocation plan to a permanent residence.  
  9.33  Within five days after receiving this notification, the 
  9.34  appropriate commissioner shall give to the appropriate law 
  9.35  enforcement agency all relevant information the commissioner has 
  9.36  concerning the offender, including information on the risk 
 10.1   factors in the offender's history and the risk level to which 
 10.2   the offender was assigned.  After receiving this information, 
 10.3   the law enforcement agency may make the disclosures permitted by 
 10.4   clause (2) or (3), as appropriate. 
 10.5      (c) As used in paragraph (b), clauses (2) and (3), "likely 
 10.6   to encounter" means that:  
 10.7      (1) the organizations or community members are in a 
 10.8   location or in close proximity to a location where the offender 
 10.9   lives or is employed, or which the offender visits or is likely 
 10.10  to visit on a regular basis, other than the location of the 
 10.11  offender's outpatient treatment program; and 
 10.12     (2) the types of interaction which ordinarily occur at that 
 10.13  location and other circumstances indicate that contact with the 
 10.14  offender is reasonably certain. 
 10.15     (d) A law enforcement agency or official who decides to 
 10.16  disclose information under this subdivision shall make a good 
 10.17  faith effort to make the notification at least 14 days before an 
 10.18  offender is released from confinement or accepted for 
 10.19  supervision within 14 days of receipt of a confirmed address 
 10.20  from the department of corrections indicating that the offender 
 10.21  will be, or has been, released from confinement, or accepted for 
 10.22  supervision, or has moved to a new address and will reside at 
 10.23  the address indicated.  If a change occurs in the release plan, 
 10.24  this notification provision does not require an extension of the 
 10.25  release date.  
 10.26     (e) A law enforcement agency or official that decides to 
 10.27  disclose information under this subdivision shall not disclose 
 10.28  the identity of the victims of or witnesses to the offender's 
 10.29  offenses. 
 10.30     (f) A law enforcement agency may continue to disclose 
 10.31  information on an offender under this subdivision for as long as 
 10.32  the offender is required to register under section 243.166. 
 10.33     Sec. 6.  Minnesota Statutes 1997 Supplement, section 
 10.34  244.052, subdivision 5, is amended to read: 
 10.35     Subd. 5.  [RELEVANT INFORMATION PROVIDED TO LAW 
 10.36  ENFORCEMENT.] At least 60 days before a sex offender is released 
 11.1   from confinement or accepted for supervision, the department of 
 11.2   corrections or the department of human services, in the case of 
 11.3   a person who was committed under section 253B.185 or Minnesota 
 11.4   Statutes 1992, section 526.10, shall give to the law enforcement 
 11.5   agency that investigated the offender's crime of conviction or, 
 11.6   where relevant, the law enforcement agency having primary 
 11.7   jurisdiction where the offender was committed, all relevant 
 11.8   information that the departments have concerning the offender, 
 11.9   including information on risk factors in the offender's 
 11.10  history.  Within five days after receiving the offender's 
 11.11  approved release plan from the office of adult release, the 
 11.12  appropriate department shall give to the law enforcement agency 
 11.13  having primary jurisdiction where the offender plans to reside 
 11.14  all relevant information the department has concerning the 
 11.15  offender, including information on risk factors in the 
 11.16  offender's history and the risk level to which the offender was 
 11.17  assigned.  If the offender's risk level was assigned under the 
 11.18  circumstances described in paragraph (d), item (ii), the 
 11.19  appropriate department shall give the law enforcement agency all 
 11.20  relevant information that the department has concerning the 
 11.21  offender, including information on the risk factors in the 
 11.22  offender's history and the offender's risk level within five 
 11.23  days of the risk level assignment or reassignment. 
 11.24     Sec. 7.  Minnesota Statutes 1996, section 611A.037, 
 11.25  subdivision 2, is amended to read: 
 11.26     Subd. 2.  [NOTICE TO VICTIM.] The officer conducting a 
 11.27  presentence or predispositional investigation shall make 
 11.28  reasonable and good faith efforts to contact assure that the 
 11.29  victim of that crime and to provide that victim is provided with 
 11.30  the following information by contacting the victim or assuring 
 11.31  that another public or private agency has contacted the victim: 
 11.32  (i) the charge or juvenile court petition to which the defendant 
 11.33  has been convicted or pleaded guilty, or the juvenile respondent 
 11.34  has admitted in court or has been found to have committed by the 
 11.35  juvenile court, and of any plea agreement between the 
 11.36  prosecution and the defense counsel; (ii) the victim's right to 
 12.1   request restitution pursuant to section 611A.04; (iii) the time 
 12.2   and place of the sentencing or juvenile court disposition and 
 12.3   the victim's right to be present; and (iv) the victim's right to 
 12.4   object in writing to the court, prior to the time of sentencing 
 12.5   or juvenile court disposition, to the proposed sentence or 
 12.6   juvenile dispositional alternative, or to the terms of the 
 12.7   proposed plea agreement.  To assist the victim in making a 
 12.8   recommendation under clause (iv), the officer shall provide the 
 12.9   victim with information about the court's options for sentencing 
 12.10  and other dispositions.  Failure of the officer to comply with 
 12.11  this subdivision does not give any rights or grounds for 
 12.12  postconviction or postjuvenile disposition relief to the 
 12.13  defendant or juvenile court respondent, nor does it entitle a 
 12.14  defendant or a juvenile court respondent to withdraw a plea of 
 12.15  guilty. 
 12.16     Sec. 8.  [EFFECTIVE DATE.] 
 12.17     Sections 1 to 7 are effective the day following final 
 12.18  enactment and apply to offenders released from confinement, 
 12.19  sentenced, or accepted for supervision on or after that date, or 
 12.20  who move to a new address on or after that date.