SF 2784

as introduced - 91st Legislature (2019 - 2020) Posted on 06/17/2019 10:05am

A bill for an act
relating to public safety; amending various provisions related to predatory offender
registration; amending Minnesota Statutes 2018, sections 171.07, subdivision 1a;
243.166, subdivisions 1a, 1b, 2, 4, 4a, 4b, 4c, 5, 7; 299C.093.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 171.07, subdivision 1a, is amended to read:

Subd. 1a.

Filing photograph or image; data classification.

The department shall file,
or contract to file, all photographs or electronically produced images obtained in the process
of issuing drivers' licenses or Minnesota identification cards. The photographs or
electronically produced images shall be private data pursuant to section 13.02, subdivision
12. Notwithstanding section 13.04, subdivision 3, the department shall not be required to
provide copies of photographs or electronically produced images to data subjects. The use
of the files is restricted:

(1) to the issuance and control of drivers' licenses;

(2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the
investigation and prosecution of crimes, service of process, enforcement of no contact
orders, location of missing persons, investigation and preparation of cases for criminal,
juvenile, and traffic court, new text begin location of individuals required to register under section 243.166
or 243.167, new text end and supervision of offenders;

(3) to public defenders, as defined in section 611.272, for the investigation and preparation
of cases for criminal, juvenile, and traffic courts;

(4) to child support enforcement purposes under section 256.978; and

(5) to a county medical examiner or coroner as required by section 390.005 as necessary
to fulfill the duties under sections 390.11 and 390.25.

Sec. 2.

Minnesota Statutes 2018, section 243.166, subdivision 1a, is amended to read:

Subd. 1a.

Definitions.

(a) As used in this section, unless the context clearly indicates
otherwise, the following terms have the meanings given them.

(b) "Bureau" means the Bureau of Criminal Apprehension.

new text begin (c) "Corrections agent" means a county or state probation agent or other corrections
employee. The term also includes United States Probation and Pretrial Services System
employees who work with a person subject to this section.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end "Dwelling" means the building where the person lives under a formal or informal
agreement to do so. However, dwelling does not include a supervised publicly or privately
operated shelter or facility designed to provide temporary living accommodations for
homeless individuals as defined in section 116L.361, subdivision 5.

deleted text begin (d) deleted text end new text begin (e) new text end "Incarceration" and "confinement" do not include electronic home monitoring.

deleted text begin (e) deleted text end new text begin (f) new text end "Law enforcement authority" or "authority" means deleted text begin , with respect to deleted text end new text begin the chief of
police of new text end a home rule charter or statutory city deleted text begin , the chief of police, deleted text end and deleted text begin with respect to deleted text end new text begin the
county sheriff of new text end an unincorporated area deleted text begin , the county sheriff deleted text end new text begin in that county. An authority
must be located in Minnesota new text end .

deleted text begin (f) deleted text end new text begin (g) new text end "Motor vehicle" has the meaning given in section 169.011, subdivision 92.

deleted text begin (g) deleted text end new text begin (h) new text end "Primary address" means the mailing address of the person's dwelling. If the
mailing address is different from the actual location of the dwelling, primary address also
includes the physical location of the dwelling described with as much specificity as possible.

deleted text begin (h) deleted text end new text begin (i) new text end "School" includes any public or private educational institution, including any
secondary school, trade, or professional institution, or institution of higher education, that
the person is enrolled in on a full-time or part-time basis.

deleted text begin (i) deleted text end new text begin (j) new text end "Secondary address" means the mailing address of any place where the person
regularly or occasionally stays overnight when not staying at the person's primary address.
If the mailing address is different from the actual location of the place, secondary address
also includes the physical location of the place described with as much specificity as possible.
However, the location of a supervised publicly or privately operated shelter or facility
designated to provide temporary living accommodations for homeless individuals as defined
in section 116L.361, subdivision 5, does not constitute a secondary address.

deleted text begin (j) deleted text end new text begin (k) new text end "Treatment facility" means a residential facility, as defined in section 244.052,
subdivision 1, and residential chemical dependency treatment programs and halfway houses
licensed under chapter 245A, including, but not limited to, those facilities directly or
indirectly assisted by any department or agency of the United States.

deleted text begin (k) deleted text end new text begin (l) new text end "Work" includes employment that is full time or part time for a period of time
exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar
year, whether financially compensated, volunteered, or for the purpose of government or
educational benefit.

Sec. 3.

Minnesota Statutes 2018, section 243.166, subdivision 1b, is amended to read:

Subd. 1b.

Registration required.

(a) A person shall register under this section if:

(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:

(i) murder under section 609.185, paragraph (a), clause (2);

(ii) kidnapping under section 609.25;

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3; or 609.3453; or

(iv) indecent exposure under section 617.23, subdivision 3;

(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit new text begin any of the following and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances:
new text end

new text begin (i) new text end criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);

new text begin (ii) new text end false imprisonment in violation of section 609.255, subdivision 2;

new text begin (iii) new text end solicitation, inducement, or promotion of the prostitution of a minor or engaging in
the sex trafficking of a minor in violation of section 609.322;

new text begin (iv) new text end a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);

new text begin (v) new text end soliciting a minor to engage in sexual conduct in violation of section 609.352,
subdivision 2 or 2a, clause (1);

new text begin (vi) new text end using a minor in a sexual performance in violation of section 617.246; or

new text begin (vii) new text end possessing pornographic work involving a minor in violation of section 617.247 deleted text begin ,
and convicted of or adjudicated delinquent for that offense or another offense arising out
of the same set of circumstances deleted text end ;

(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; or

(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent
for that offense or another offense arising out of the same set of circumstances.

(b) A person also shall register under this section if:

(1) the person was charged with or petitioned for an offense in another state that would
be a violation of a law described in paragraph (a) if committed in this state and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances;

(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer new text begin or for an aggregate period of time exceeding 30 days during
any calendar year new text end ; and

(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state in which the person has been convicted or adjudicated,
or is subject to lifetime registration.

If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period
regardless of when the person was released from confinement, convicted, or adjudicated
delinquent.

(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.

(d) A person also shall register under this section if:

(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned for a violation of any of the
offenses listed in paragraph (a), clause (2), or a similar law of another state or the United
States;

(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and

(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.

Sec. 4.

Minnesota Statutes 2018, section 243.166, subdivision 2, is amended to read:

Subd. 2.

Notice.

When a person who is required to register under subdivision 1b,
paragraph (a), is sentenced or becomes subject to a juvenile court disposition order, the
court shall tell the person of the duty to register under this section and that, if the person
fails to comply with the registration requirements, information about the offender may be
made available to the public through electronic, computerized, or other accessible means.
The court may not modify the person's duty to register in the pronounced sentence or
disposition order. The court shall require the person to read and sign a form stating that the
duty of the person to register under this section has been explained. The court shall deleted text begin forward deleted text end new text begin
make available new text end the signed deleted text begin sex offender registration deleted text end new text begin court notification new text end form, the complaint,
and sentencing documents to the bureau. If a person required to register under subdivision
1b, paragraph (a), was not notified by the court of the registration requirement at the time
of sentencing or disposition, the assigned corrections agent shall notify the person of the
requirements of this section. new text begin If a person required to register under subdivision 1b, paragraph
(a), was not notified by the court of the registration requirement at the time of sentencing
or disposition and does not have a corrections agent, the law enforcement authority with
jurisdiction over the person's primary address shall notify the person of the requirements. new text end
When a person who is required to register under subdivision 1b, paragraph (c) or (d), is
released from commitment, the treatment facility shall notify the person of the requirements
of this section. The treatment facility shall also obtain the registration information required
under this section and forward it to the bureau.

Sec. 5.

Minnesota Statutes 2018, section 243.166, subdivision 4, is amended to read:

Subd. 4.

Contents of registration.

(a) The registration provided to the corrections agent
or law enforcement authority, must consist of a statement in writing signed by the person,
giving information required by the bureau, fingerprints, new text begin biological specimen for DNA
analysis as defined under section 299C.155, subdivision 1, new text end and photograph of the person
taken at the time of the person's release from incarceration or, if the person was not
incarcerated, at the time the person initially registered under this section. The registration
information also must include a written consent form signed by the person allowing a
treatment facility or residential housing unit or shelter to release information to a law
enforcement officer about the person's admission to, or residence in, a treatment facility or
residential housing unit or shelter. Registration information on adults and juveniles may be
maintained together notwithstanding section 260B.171, subdivision 3.

(b) For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of
another state or the United States, in addition to other information required by this section,
the registration provided to the corrections agent or law enforcement authority must include
the person's offense history and documentation of treatment received during the person's
commitment. This documentation is limited to a statement of how far the person progressed
in treatment during commitment.

(c) Within three days of receipt, the corrections agent or law enforcement authority shall
forward the registration information to the bureau. The bureau shall ascertain whether the
person has registered with the law enforcement authority in the area of the person's primary
address, if any, or if the person lacks a primary address, where the person is staying, as
required by subdivision 3a. If the person has not registered with the law enforcement
authority, the bureau shall deleted text begin send one copy to deleted text end new text begin notify new text end that authority.

(d) The corrections agent or law enforcement authority may require that a person required
to register under this section appear before the agent or authority to be photographed. The
agent or authority shall deleted text begin forward deleted text end new text begin submit new text end the photograph to the bureau.

(1) Except as provided in clause (2), the agent or authority may photograph any offender
at a time and frequency chosen by the agent or authority.

(2) The requirements of this paragraph shall not apply during any period where the
person to be photographed is: (i) committed to the commissioner of corrections and
incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the
commissioner of human services and receiving treatment in a secure treatment facility.

(e) During the period a person is required to register under this section, the following
provisions apply:

(1) Except for persons registering under subdivision 3a, the bureau shall mail a
verification form to the person's last reported primary address. This verification form must
provide notice to the offender that, if the offender does not return the verification form as
required, information about the offender may be made available to the public through
electronic, computerized, or other accessible means. For persons who are registered under
subdivision 3a, the bureau shall mail an annual verification form to the law enforcement
authority where the offender most recently reported. The authority shall provide the
verification form to the person at the next weekly meeting and ensure that the person
completes and signs the form and returns it to the bureau. Notice is sufficient under this
paragraph deleted text begin , deleted text end if the verification form is sent by first class mail to the person's last reported
primary address, or for persons registered under subdivision 3a, to the law enforcement
authority where the offender most recently reported.

(2) The person shall mail the signed verification form back to the bureau within ten days
after receipt of the form, stating on the form the current and last address of the person's
residence and the other information required under subdivision 4a.

(3) In addition to the requirements listed in this section, an offender who is no longer
under correctional supervision for a registration offense, or a failure to register offense, but
who resides, works, or attends school in Minnesota, shall have an in-person contact with a
law enforcement authority as provided in this section. If the person resides in Minnesota,
the in-person contact shall be with the law enforcement authority that has jurisdiction over
the person's primary address or, if the person has no address, the location where the person
is staying. If the person does not reside in Minnesota but works or attends school in this
state, the person shall have an in-person contact with the law enforcement authority or
authorities with jurisdiction over the person's school or workplace. During the month of the
person's birth date, the person shall report to the authority to verify the accuracy of the
registration information and to be photographed. Within three days of this contact, the
authority shall enter information as required by the bureau into the predatory offender
registration database and submit an updated photograph of the person to the bureau's
predatory offender registration unit.

(4) If the person fails to mail the completed and signed verification form to the bureau
within ten days after receipt of the form, or if the person fails to report to the law enforcement
authority during the month of the person's birth date, the person is in violation of this section.

(5) For any person who fails to mail the completed and signed verification form to the
bureau within ten days after receipt of the form and who has been determined to be new text begin subject
to community notification pursuant to section 253D.32 or is new text end a risk level III offender under
section 244.052, the bureau shall immediately investigate and notify local law enforcement
authorities to investigate the person's location and to ensure compliance with this section.
The bureau also shall immediately give notice of the person's violation of this section to the
law enforcement authority having jurisdiction over the person's last registered new text begin primary new text end
address deleted text begin or addresses deleted text end .

For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of
another state or the United States, the bureau shall comply with clause (1) at least deleted text begin four deleted text end new text begin two
new text end times each year. For persons who, under section 244.052, are assigned to risk level III and
who are no longer under correctional supervision for a registration offense or a failure to
register offense, the bureau shall comply with clause (1) at least two times each year. For
all other persons required to register under this section, the bureau shall comply with clause
(1) each year within 30 days of the anniversary date of the person's initial registration.

(f) deleted text begin When sending out a verification form, the bureau shall determine whether the person
to whom the verification form is being sent has signed a written consent form as provided
for in paragraph (a). If the person has not signed such a consent form, the bureau shall send
a written consent form to the person along with the verification form. A person who receives
this written consent form shall sign and return it to the bureau at the same time as the
verification form. deleted text end new text begin For persons registered under this section on the effective date of this
section, each person, on or before one year from that date, must provide a biological specimen
for the purpose of DNA analysis to the probation agency or law enforcement authority
where that person is registered. A person who provides or has provided a biological specimen
for the purpose of DNA analysis under chapter 299C or section 609.117 meets the
requirements of this paragraph.
new text end

new text begin (g) For persons registered under this section on the effective date of this section, each
person, on or before one year from that date, must provide fingerprints to the probation
agency or law enforcement authority where that person is registered.
new text end

Sec. 6.

Minnesota Statutes 2018, section 243.166, subdivision 4a, is amended to read:

Subd. 4a.

Information required to be provided.

(a) A person required to register under
this section shall provide to the corrections agent or law enforcement authority the following
information:

(1) the person's primary address;

(2) all of the person's secondary addresses in Minnesota, including all addresses used
for residential or recreational purposes;

(3) the addresses of all Minnesota property owned, leased, or rented by the person;

(4) the addresses of all locations where the person is employed;

(5) the addresses of all schools where the person is enrolled; deleted text begin and
deleted text end

(6) the year, model, make, license plate number, and color of all motor vehicles owned
or regularly driven by the person deleted text begin . deleted text end new text begin ;
new text end

new text begin (7) the expiration year for the motor vehicle license plate tabs of all motor vehicles
owned by the person; and
new text end

new text begin (8) all telephone numbers including work, school, and home and any cellular telephone
service.
new text end

(b) The person shall report to the agent or authority the information required to be
provided under paragraph (a), clauses (2) to deleted text begin (6) deleted text end new text begin (8) new text end , within five days of the date the clause
becomes applicable. If because of a change in circumstances any information reported under
paragraph (a), clauses (1) to deleted text begin (6) deleted text end new text begin (8) new text end , no longer applies, the person shall immediately inform
the agent or authority that the information is no longer valid. If the person leaves a primary
address and does not have a new primary address, the person shall register as provided in
subdivision 3a.

Sec. 7.

Minnesota Statutes 2018, section 243.166, subdivision 4b, is amended to read:

Subd. 4b.

Health care facility; notice of status.

(a) For the purposes of this subdivision deleted text begin , deleted text end new text begin :
new text end

new text begin (1) new text end "health care facility" means a facility:

deleted text begin (1) deleted text end new text begin (i) new text end licensed by the commissioner of health as a hospital, boarding care home or
supervised living facility under sections 144.50 to 144.58, or a nursing home under chapter
144A;

deleted text begin (2) deleted text end new text begin (ii) new text end registered by the commissioner of health as a housing with services establishment
as defined in section 144D.01; or

deleted text begin (3) deleted text end new text begin (iii) new text end licensed by the commissioner of human services as a residential facility under
chapter 245A to provide adult foster care, adult mental health treatment, chemical dependency
treatment to adults, or residential services to persons with disabilities deleted text begin . deleted text end new text begin ; and
new text end

new text begin (2) "home care provider" has the meaning given in section 144A.43.
new text end

(b) Prior to admission to a health care facility new text begin or home care services from a home care
provider new text end , a person required to register under this section shall disclose to:

(1) the health care facility employee new text begin or the home care provider new text end processing the admission
the person's status as a registered predatory offender under this section; and

(2) the person's corrections agent, or if the person does not have an assigned corrections
agent, the law enforcement authority with whom the person is currently required to register,
that deleted text begin inpatient deleted text end admission will occur.

(c) A law enforcement authority or corrections agent who receives notice under paragraph
(b) or who knows that a person required to register under this section is planning to be
admitted and receive, or has been admitted and is receiving health care at a health care
facility new text begin or home care services from a home care provider, new text end shall notify the administrator of
the facility new text begin or the home care provider new text end and deliver a fact sheet to the administrator new text begin or provider
new text end containing the following information: (1) name and physical description of the offender;
(2) the offender's conviction history, including the dates of conviction; (3) the risk level
classification assigned to the offender under section 244.052, if any; and (4) the profile of
likely victims.

(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health care facility
receives a fact sheet under paragraph (c) that includes a risk level classification for the
offender, and if the facility admits the offender, the facility shall distribute the fact sheet to
all residents at the facility. If the facility determines that distribution to a resident is not
appropriate given the resident's medical, emotional, or mental status, the facility shall
distribute the fact sheet to the patient's next of kin or emergency contact.

new text begin (e) If a home care provider receives a fact sheet under paragraph (c) that includes a risk
level classification for the offender, the provider shall distribute the fact sheet to any
individual who will provide direct services to the offender before the individual begins to
provide the service.
new text end

Sec. 8.

Minnesota Statutes 2018, section 243.166, subdivision 4c, is amended to read:

Subd. 4c.

Notices in writing; signed.

All notices required by this section must be in
writing and signed by the person required to register. new text begin For purposes of this section, a signature
is as defined in section 645.44, subdivision 14, by an electronic method established by the
bureau, or by use of a biometric for the person. If a biometric is used, the person must
provide a sample that is forwarded to the bureau so that it can be maintained for comparison
purposes to verify the person's identity. The bureau shall determine the signature methods
available for use and post this determination on the bureau's website.
new text end

Sec. 9.

Minnesota Statutes 2018, section 243.166, subdivision 5, is amended to read:

Subd. 5.

Criminal penalty.

(a) A person required to register under this section who new text begin was
given notice, knows, or reasonably should know of the duty to register and who:
new text end

new text begin (1) new text end knowingly new text begin commits an act or fails to fulfill a requirement that new text end violates any deleted text begin of its
provisions deleted text end new text begin provision of this section; new text end or

new text begin (2) new text end intentionally provides false information to a corrections agent, law enforcement
authority, or the bureau is guilty of a felony and may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both.

(b) Except as provided in paragraph (c), a person convicted of violating paragraph (a)
shall be committed to the custody of the commissioner of corrections for not less than a
year and a day, nor more than five years.

(c) A person convicted of violating paragraph (a), who has previously been convicted
of or adjudicated delinquent for violating this section or a similar statute of another state or
the United States, shall be committed to the custody of the commissioner of corrections for
not less than two years, nor more than five years.

(d) Prior to the time of sentencing, the prosecutor may file a motion to have the person
sentenced without regard to the mandatory minimum sentence established by this subdivision.
The motion must be accompanied by a statement on the record of the reasons for it. When
presented with the motion, or on its own motion, the court may sentence the person without
regard to the mandatory minimum sentence if the court finds substantial and compelling
reasons to do so. Sentencing a person in the manner described in this paragraph is a departure
from the Sentencing Guidelines.

(e) A person convicted and sentenced as required by this subdivision is not eligible for
probation, parole, discharge, work release, conditional release, or supervised release, until
that person has served the full term of imprisonment as provided by law, notwithstanding
the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2018, section 243.166, subdivision 7, is amended to read:

Subd. 7.

Use of data.

(a) Except as otherwise provided in subdivision new text begin 4b or new text end 7a or sections
244.052 and 299C.093, the data provided under this section is private data on individuals
under section 13.02, subdivision 12.

(b) The data may be used only by law enforcement and corrections agencies for law
enforcement and corrections purposes. Law enforcement new text begin or a corrections agent new text end may disclose
the status of an individual as a predatory offender to a child protection worker with a local
welfare agency for purposes of doing a family assessment under section 626.556 new text begin . A
corrections agent may also disclose the status of an individual as a predatory offender to
comply with section 244.057 new text end .

(c) The commissioner of human services is authorized to have access to the data for:

(1) state-operated services, as defined in section 246.014, for the purposes described in
section 246.13, subdivision 2, paragraph (b); and

(2) purposes of completing background studies under chapter 245C.

Sec. 11.

Minnesota Statutes 2018, section 299C.093, is amended to read:

299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.

The superintendent of the Bureau of Criminal Apprehension shall maintain a
computerized data system relating to individuals required to register as predatory offenders
under section 243.166. To the degree feasible, the system must include the data required to
be provided under section 243.166, subdivisions 4 new text begin , 4a, new text end and deleted text begin 4a deleted text end new text begin 4b new text end , and indicate the time
period that the person is required to register. The superintendent shall maintain this data in
a manner that ensures that it is readily available to law enforcement agencies. This data is
private data on individuals under section 13.02, subdivision 12, but may be used for law
enforcement and corrections purposes. Law enforcement new text begin or a corrections agent new text end may disclose
the status of an individual as a predatory offender to a child protection worker with a local
welfare agency for purposes of doing a family assessment under section 626.556 new text begin . A
corrections agent may also disclose the status of an individual as a predatory offender to
comply with section 244.057 new text end . The commissioner of human services has access to the data
for state-operated services, as defined in section 246.014, for the purposes described in
section 246.13, subdivision 2, paragraph (b), and for purposes of conducting background
studies under chapter 245C.