SF 327

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 08/29/2019 09:30am

A bill for an act
relating to public safety; requiring notice to a home care provider of a person's
status as a predatory offender; amending Minnesota Statutes 2018, sections 243.166,
subdivisions 4b, 7; 299C.093.

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

Section 1.

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. 2.

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 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.

(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. 3.

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 and 4a, 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 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. 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 new text begin . In addition, the data may be used as provided in
section 243.166, subdivisions 4b and 7a new text end .