SF 3611

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; registration procedure for predatory offenders being
released from a correctional facility and not going to a new primary address;
clarifying sufficiency of notice for verification of a person's address for the
registration of predatory offenders; making further clarification that registration
of predatory offenders applies to offenders who move to Minnesota from other
states; requiring predatory offender registration database checks for persons
booked at jails; providing criminal penalties; amending Minnesota Statutes 2006,
sections 243.166, subdivisions 3a, 4; 243.167, subdivision 2; 641.05.

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

Section 1.

Minnesota Statutes 2006, section 243.166, subdivision 3a, is amended to
read:

Subd. 3a.

Registration procedure when person lacks primary address.

(a) If
a person leaves a primary address and does not have a new primary address, the person
shall register with the law enforcement authority that has jurisdiction in the area where the
person is staying within 24 hours of the time the person no longer has a primary address.

(b) new text begin Notwithstanding the time period for registration in paragraphs (a) and (c), a
person with a primary address of a correctional facility who is scheduled to be released
from the facility and who does not have a new primary address shall register with the law
enforcement authority that has jurisdiction in the area where the person will be staying at
least five days before the person is released from the correctional facility.
new text end

new text begin (c) new text end A person who lacks a primary address shall register with the law enforcement
authority that has jurisdiction in the area where the person is staying within 24 hours after
entering the jurisdiction. Each time a person who lacks a primary address moves to a new
jurisdiction without acquiring a new primary address, the person shall register with the
law enforcement authority that has jurisdiction in the area where the person is staying
within 24 hours after entering the jurisdiction.

deleted text begin (c) deleted text end new text begin (d) new text end Upon registering under this subdivision, the person shall provide the law
enforcement authority with all of the information the individual is required to provide
under subdivision 4a. However, instead of reporting the person's primary address, the
person shall describe the location of where the person is staying with as much specificity
as possible.

deleted text begin (d) deleted text end new text begin (e) new text end Except as otherwise provided in paragraph deleted text begin (e) deleted text end new text begin (f) new text end , if a person continues to
lack a primary address, the person shall report in person on a weekly basis to the law
enforcement authority with jurisdiction in the area where the person is staying. This
weekly report shall occur between the hours of 9:00 a.m. and 5:00 p.m. The person is
not required to provide the registration information required under subdivision 4a each
time the offender reports to an authority, but the person shall inform the authority of
changes to any information provided under this subdivision or subdivision 4a and shall
otherwise comply with this subdivision.

deleted text begin (e) deleted text end new text begin (f) new text end If the law enforcement authority determines that it is impractical, due to the
person's unique circumstances, to require a person lacking a primary address to report
weekly and in person as required under paragraph deleted text begin (d) deleted text end new text begin (e) new text end , the authority may authorize the
person to follow an alternative reporting procedure. The authority shall consult with the
person's corrections agent, if the person has one, in establishing the specific criteria of this
alternative procedure, subject to the following requirements:

(1) the authority shall document, in the person's registration record, the specific
reasons why the weekly in-person reporting process is impractical for the person to follow;

(2) the authority shall explain how the alternative reporting procedure furthers
the public safety objectives of this section;

(3) the authority shall require the person lacking a primary address to report in
person at least monthly to the authority or the person's corrections agent and shall
specify the location where the person shall report. If the authority determines it would
be more practical and would further public safety for the person to report to another
law enforcement authority with jurisdiction where the person is staying, it may, after
consulting with the other law enforcement authority, include this requirement in the
person's alternative reporting process;

(4) the authority shall require the person to comply with the weekly, in-person
reporting process required under paragraph deleted text begin (d) deleted text end new text begin (e) new text end , if the person moves to a new area
where this process would be practical;

(5) the authority shall require the person to report any changes to the registration
information provided under subdivision 4a and to comply with the periodic registration
requirements specified under paragraph deleted text begin (f) deleted text end new text begin (g) new text end ; and

(6) the authority shall require the person to comply with the requirements of
subdivision 3, paragraphs (b) and (c), if the person moves to a primary address.

deleted text begin (f) deleted text end new text begin (g) new text end If a person continues to lack a primary address and continues to report to the
same law enforcement authority, the person shall provide the authority with all of the
information the individual is required to provide under this subdivision and subdivision 4a
at least annually, unless the person is required to register under subdivision 1b, paragraph
(c), following commitment pursuant to a court commitment under section 253B.185 or a
similar law of another state or the United States. If the person is required to register under
subdivision 1b, paragraph (c), the person shall provide the law enforcement authority
with all of the information the individual is required to report under this subdivision and
subdivision 4a at least once every three months.

deleted text begin (g) deleted text end new text begin (h) new text end A law enforcement authority receiving information under this subdivision
shall forward registration information and changes to that information to the bureau within
two business days of receipt of the information.

deleted text begin (h) deleted text end new text begin (i) new text end For purposes of this subdivision, a person who fails to report a primary
address will be deemed to be a person who lacks a primary address, and the person shall
comply with the requirements for a person who lacks a primary address.

Sec. 2.

Minnesota Statutes 2006, 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, a fingerprint card, 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 section 253B.185 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 send one copy to 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 forward the photograph to the bureau.

(1) Except as provided in clause (2), the agent or authority shall require a person
required to register under this section who is classified as a level III offender under
section 244.052 to appear before the agent or authority at least every six months to be
photographed.

(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. new text begin Notice is sufficient under this
paragraph, 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.
new text end

(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, a person who is assigned
to risk level II or III under section 244.052, and 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 annual in-person contact with a law
enforcement authority as provided in this section. If the person resides in Minnesota, the
annual 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 annual 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
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 address or addresses.

For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar law of
another state or the United States, the bureau shall comply with clause (1) at least four
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) 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.

Sec. 3.

Minnesota Statutes 2006, section 243.167, subdivision 2, is amended to read:

Subd. 2.

When required.

(a) In addition to the requirements of section 243.166, a
person also shall register under section 243.166 if:

(1) the person is convicted of a crime against the person; and

(2) the person was previously convicted of or adjudicated delinquent for an offense
listed in section 243.166 new text begin , or a comparable offense in another state, new text end but was not required
to register for the offense because the registration requirements of that section did not
apply to the person at the time the offense was committed or at the time the person was
released from imprisonment.

(b) A person who was previously required to register in any state and who has
completed the registration requirements of that state shall again register under section
243.166 if the person commits a crime against the person.

Sec. 4.

Minnesota Statutes 2006, section 641.05, is amended to read:

641.05 RECORD OF INMATES; deleted text begin RETURN TO deleted text end COURT new text begin ; BUREAU OF
CRIMINAL APPREHENSION new text end .

new text begin (a) new text end Every sheriff shall, at the expense of the county, maintain a permanent record of
all persons committed to any jail under the sheriff's charge. It shall contain the name of
every person committed, by what authority, residence, date of commitment, and, if for a
criminal offense, a description of the person, when and by what authority liberated, and,
in case of escape, the time and manner thereof. At the opening of each term of district
court the sheriff shall make a certified transcript deleted text begin therefrom deleted text end new text begin from the record new text end to deleted text begin such deleted text end new text begin the new text end
court, showing all cases deleted text begin therein deleted text end not previously disposed of.

new text begin (b) Upon intake into the jail facility, the name of the committed person shall be
checked against the Bureau of Criminal Apprehension predatory offender registration
database to determine whether the person is a registered predatory offender. In the event
that the person is registered, the sheriff or designee shall notify the bureau of the person's
admission into the jail facility. At the time of discharge from the facility, the sheriff or
designee shall provide the person with a change of information form for the purposes of
reporting the address where the person will be living upon release from the facility.
new text end

new text begin (c) new text end Every sheriff who new text begin intentionally new text end neglects or refuses to deleted text begin so deleted text end report new text begin under paragraph
(a) or (b) new text end shall be guilty of a gross misdemeanor.