SF 2938

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to sex offender community notification; 
  1.3             eliminating a restriction regarding notifications 
  1.4             related to the location of an offender's outpatient 
  1.5             treatment program; amending Minnesota Statutes 2002, 
  1.6             section 244.052, subdivision 4.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 244.052, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
  1.11  INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
  1.12  area where the predatory offender resides, expects to reside, is 
  1.13  employed, or is regularly found, shall disclose to the public 
  1.14  any information regarding the offender contained in the report 
  1.15  forwarded to the agency under subdivision 3, paragraph (f), that 
  1.16  is relevant and necessary to protect the public and to 
  1.17  counteract the offender's dangerousness, consistent with the 
  1.18  guidelines in paragraph (b).  The extent of the information 
  1.19  disclosed and the community to whom disclosure is made must 
  1.20  relate to the level of danger posed by the offender, to the 
  1.21  offender's pattern of offending behavior, and to the need of 
  1.22  community members for information to enhance their individual 
  1.23  and collective safety. 
  1.24     (b) The law enforcement agency shall employ the following 
  1.25  guidelines in determining the scope of disclosure made under 
  1.26  this subdivision: 
  2.1      (1) if the offender is assigned to risk level I, the agency 
  2.2   may maintain information regarding the offender within the 
  2.3   agency and may disclose it to other law enforcement agencies.  
  2.4   Additionally, the agency may disclose the information to any 
  2.5   victims of or witnesses to the offense committed by the 
  2.6   offender. The agency shall disclose the information to victims 
  2.7   of the offense committed by the offender who have requested 
  2.8   disclosure and to adult members of the offender's immediate 
  2.9   household; 
  2.10     (2) if the offender is assigned to risk level II, the 
  2.11  agency also may disclose the information to agencies and groups 
  2.12  that the offender is likely to encounter for the purpose of 
  2.13  securing those institutions and protecting individuals in their 
  2.14  care while they are on or near the premises of the institution.  
  2.15  These agencies and groups include the staff members of public 
  2.16  and private educational institutions, day care establishments, 
  2.17  and establishments and organizations that primarily serve 
  2.18  individuals likely to be victimized by the offender.  The agency 
  2.19  also may disclose the information to individuals the agency 
  2.20  believes are likely to be victimized by the offender.  The 
  2.21  agency's belief shall be based on the offender's pattern of 
  2.22  offending or victim preference as documented in the information 
  2.23  provided by the department of corrections or human services; 
  2.24     (3) if the offender is assigned to risk level III, the 
  2.25  agency shall disclose the information to the persons and 
  2.26  entities described in clauses (1) and (2) and to other members 
  2.27  of the community whom the offender is likely to encounter, 
  2.28  unless the law enforcement agency determines that public safety 
  2.29  would be compromised by the disclosure or that a more limited 
  2.30  disclosure is necessary to protect the identity of the victim. 
  2.31     Notwithstanding the assignment of a predatory offender to 
  2.32  risk level II or III, a law enforcement agency may not make the 
  2.33  disclosures permitted or required by clause (2) or (3), if:  the 
  2.34  offender is placed or resides in a residential facility.  
  2.35  However, if an offender is placed or resides in a residential 
  2.36  facility, the offender and the head of the facility shall 
  3.1   designate the offender's likely residence upon release from the 
  3.2   facility and the head of the facility shall notify the 
  3.3   commissioner of corrections or the commissioner of human 
  3.4   services of the offender's likely residence at least 14 days 
  3.5   before the offender's scheduled release date.  The commissioner 
  3.6   shall give this information to the law enforcement agency having 
  3.7   jurisdiction over the offender's likely residence.  The head of 
  3.8   the residential facility also shall notify the commissioner of 
  3.9   corrections or human services within 48 hours after finalizing 
  3.10  the offender's approved relocation plan to a permanent 
  3.11  residence.  Within five days after receiving this notification, 
  3.12  the appropriate commissioner shall give to the appropriate law 
  3.13  enforcement agency all relevant information the commissioner has 
  3.14  concerning the offender, including information on the risk 
  3.15  factors in the offender's history and the risk level to which 
  3.16  the offender was assigned.  After receiving this information, 
  3.17  the law enforcement agency shall make the disclosures permitted 
  3.18  or required by clause (2) or (3), as appropriate. 
  3.19     (c) As used in paragraph (b), clauses (2) and (3), "likely 
  3.20  to encounter" means that:  
  3.21     (1) the organizations or community members are in a 
  3.22  location or in close proximity to a location where the offender 
  3.23  lives or is employed, or which the offender visits or is likely 
  3.24  to visit on a regular basis, other than the location of the 
  3.25  offender's outpatient treatment program; and 
  3.26     (2) the types of interaction which ordinarily occur at that 
  3.27  location and other circumstances indicate that contact with the 
  3.28  offender is reasonably certain. 
  3.29     (d) A law enforcement agency or official who discloses 
  3.30  information under this subdivision shall make a good faith 
  3.31  effort to make the notification within 14 days of receipt of a 
  3.32  confirmed address from the Department of Corrections indicating 
  3.33  that the offender will be, or has been, released from 
  3.34  confinement, or accepted for supervision, or has moved to a new 
  3.35  address and will reside at the address indicated.  If a change 
  3.36  occurs in the release plan, this notification provision does not 
  4.1   require an extension of the release date.  
  4.2      (e) A law enforcement agency or official who discloses 
  4.3   information under this subdivision shall not disclose the 
  4.4   identity or any identifying characteristics of the victims of or 
  4.5   witnesses to the offender's offenses. 
  4.6      (f) A law enforcement agency shall continue to disclose 
  4.7   information on an offender as required by this subdivision for 
  4.8   as long as the offender is required to register under section 
  4.9   243.166. 
  4.10     (g) A law enforcement agency that is disclosing information 
  4.11  on an offender assigned to risk level III to the public under 
  4.12  this subdivision shall inform the commissioner of corrections 
  4.13  what information is being disclosed and forward this information 
  4.14  to the commissioner within two days of the agency's 
  4.15  determination.  The commissioner shall post this information on 
  4.16  the Internet as required in subdivision 4b. 
  4.17     (h) A city council may adopt a policy that addresses when 
  4.18  information disclosed under this subdivision must be presented 
  4.19  in languages in addition to English.  The policy may address 
  4.20  when information must be presented orally, in writing, or both 
  4.21  in additional languages by the law enforcement agency disclosing 
  4.22  the information.  The policy may provide for different 
  4.23  approaches based on the prevalence of non-English languages in 
  4.24  different neighborhoods.