Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 396-S.F.No. 2498 
                  An act relating to corrections; requiring sex offender 
                  treatment facilities to provide certain information 
                  regarding sex offenders; clarifying which law 
                  enforcement agency may request the end-of-confinement 
                  review committee to reassess the risk level to which 
                  an offender has been assigned; adjusting the time 
                  within which certain requirements of the community 
                  notification law must be met; providing certain 
                  immunity; eliminating duplicative efforts on notifying 
                  victims of certain information; requiring a study of 
                  the confidentiality of statements made by offenders in 
                  the course of sex offender treatment; amending 
                  Minnesota Statutes 1996, sections 241.67, subdivision 
                  8, and by adding a subdivision; 244.052, subdivision 
                  1; and 611A.037, subdivision 2; Minnesota Statutes 
                  1997 Supplement, section 244.052, subdivisions 3, 4, 
                  and 5. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 241.67, 
        subdivision 8, is amended to read: 
           Subd. 8.  [COMMUNITY-BASED SEX OFFENDER PROGRAM EVALUATION 
        PROJECT.] (a) For the purposes of this project, a sex offender 
        is an adult who has been convicted, or a juvenile who has been 
        adjudicated, for a sex offense or a sex-related offense and has 
        been sentenced to sex offender treatment as a condition of 
        probation which would require registration under section 243.166.
           (b) The commissioner shall develop a long-term project to 
        accomplish the following: 
           (1) provide follow-up information on each sex offender for 
        a period of three years following the offender's completion of 
        or termination from treatment; 
           (2) provide treatment programs in several geographical 
        areas in the state; 
           (3) provide the necessary data to form the basis to 
        recommend a fiscally sound plan to provide a coordinated 
        statewide system of effective sex offender treatment 
        programming; and 
           (4) provide an opportunity to local and regional 
        governments, agencies, and programs to establish models of sex 
        offender programs that are suited to the needs of that region. 
           (c) The commissioner shall provide the legislature with an 
        annual report of the data collected and the status of the 
        project by October 15 of each year, beginning in 1993. 
           (d) The commissioner shall establish an advisory task force 
        consisting of county probation officers from community 
        corrections act counties and other counties, court services 
        providers, and other interested officials.  The commissioner 
        shall consult with the task force concerning the establishment 
        and operation of the project. 
           Sec. 2.  Minnesota Statutes 1996, section 241.67, is 
        amended by adding a subdivision to read: 
           Subd. 9.  [INFORMATION ON SEX OFFENDER TREATMENT.] (a) All 
        sex offender treatment facilities that provide treatment to sex 
        offenders who begin treatment as a condition of probation shall 
        provide the commissioner relevant information on the treatment 
        of those offenders as the commissioner requests for the purpose 
        of this evaluation.  The information disclosed to the 
        commissioner shall only be reported in aggregate and that 
        information must not be used to designate additional sanctions 
        for any individual offender.  
           (b) All county corrections agencies or court services 
        officers shall provide the commissioner information as requested 
        regarding juveniles and adults as defined in subdivision 8, 
        paragraph (a) for the purpose of completing the requirements of 
        subdivision 8. 
           Sec. 3.  Minnesota Statutes 1996, section 244.052, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] As used in this section: 
           (1) "accepted for supervision" means accepted from another 
        state under a reciprocal agreement under the interstate compact 
        authorized by section 243.16; 
           (2) "confinement" means confinement in a state correctional 
        facility or a state treatment facility; 
           (3) (2) "law enforcement agency" means the law enforcement 
        agency having primary jurisdiction over the location where the 
        offender expects to reside upon release; and 
           (4) (3) "sex offender" and "offender" mean a person who has 
        been convicted of an offense for which registration under 
        section 243.166 is required or a person who has been committed 
        pursuant to a court commitment order under section 253B.185 or 
        Minnesota Statutes 1992, section 526.10, regardless of whether 
        the person was convicted of any offense. 
           Sec. 4.  Minnesota Statutes 1997 Supplement, section 
        244.052, subdivision 3, is amended to read: 
           Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
        commissioner of corrections shall establish and administer 
        end-of-confinement review committees at each state correctional 
        facility and at each state treatment facility where sex 
        offenders are confined.  The committees shall assess on a 
        case-by-case basis: 
           (1) the public risk posed by sex offenders who are about to 
        be released from confinement; and. 
           (2) the public risk posed by sex offenders who are accepted 
        from another state under a reciprocal agreement under the 
        interstate compact authorized by section 243.16.  
           (b) Each committee shall be a standing committee and shall 
        consist of the following members appointed by the commissioner: 
           (1) the chief executive officer or head of the correctional 
        or treatment facility where the offender is currently confined, 
        or that person's designee; 
           (2) a law enforcement officer; 
           (3) a treatment professional who is trained in the 
        assessment of sex offenders; 
           (4) a caseworker experienced in supervising sex offenders; 
        and 
           (5) an employee of the department of corrections from the a 
        victim's services unit professional. 
           Members of the committee, other than the facility's chief 
        executive officer or head, shall be appointed by the 
        commissioner to two-year terms.  The chief executive officer or 
        head of the facility or designee shall act as chair of the 
        committee and shall use the facility's staff, as needed, to 
        administer the committee, obtain necessary information from 
        outside sources, and prepare risk assessment reports on 
        offenders. 
           (c) The committee shall have access to the following data 
        on a sex offender only for the purposes of its assessment and to 
        defend the committee's risk assessment determination upon 
        administrative review under this section: 
           (1) private medical data under section 13.42 or 144.335, or 
        welfare data under section 13.46 that relate to medical 
        treatment of the offender; 
           (2) private and confidential court services data under 
        section 13.84; 
           (3) private and confidential corrections data under section 
        13.85; and 
           (4) private criminal history data under section 13.87. 
           Data collected and maintained by the committee under this 
        paragraph may not be disclosed outside the committee, except as 
        provided under section 13.05, subdivision 3 or 4.  The sex 
        offender has access to data on the offender collected and 
        maintained by the committee, unless the data are confidential 
        data received under this paragraph. 
           (d)(i) Except as otherwise provided in item (ii), at least 
        90 days before a sex offender is to be released from confinement 
        or accepted for supervision, the commissioner of corrections 
        shall convene the appropriate end-of-confinement review 
        committee for the purpose of assessing the risk presented by the 
        offender and determining the risk level to which the offender 
        shall be assigned under paragraph (e).  The offender and the law 
        enforcement agency that was responsible for the charge resulting 
        in confinement shall be notified of the time and place of the 
        committee's meeting and.  The offender has a right to be present 
        and be heard at the meeting.  The law enforcement agency may 
        provide material in writing that is relevant to the offender's 
        risk level to the chair of the committee.  The committee shall 
        use the risk factors described in paragraph (g) and the risk 
        assessment scale developed under subdivision 2 to determine the 
        offender's risk assessment score and risk level.  Offenders 
        scheduled for release from confinement shall be assessed by the 
        committee established at the facility from which the offender is 
        to be released.  Offenders accepted for supervision shall be 
        assessed by whichever committee the commissioner directs. 
           (ii) If an offender is received for confinement in a 
        facility with less than 90 days remaining in the offender's term 
        of confinement, the offender's risk shall be assessed at the 
        first regularly scheduled end of confinement review committee 
        that convenes after the appropriate documentation for the risk 
        assessment is assembled by the committee.  The commissioner 
        shall make reasonable efforts to ensure that offender's risk is 
        assessed and a risk level is assigned or reassigned at least 30 
        days before the offender's release date. 
           (e) The committee shall assign to risk level I a sex 
        offender whose risk assessment score indicates a low risk of 
        reoffense.  The committee shall assign to risk level II an 
        offender whose risk assessment score indicates a moderate risk 
        of reoffense.  The committee shall assign to risk level III an 
        offender whose risk assessment score indicates a high risk of 
        reoffense. 
           (f) Before the sex offender is released from confinement or 
        accepted for supervision, the committee shall prepare a risk 
        assessment report which specifies the risk level to which the 
        offender has been assigned and the reasons underlying the 
        committee's risk assessment decision.  The committee shall give 
        the report to the offender and to the law enforcement agency at 
        least 60 days before an offender is released from confinement or 
        accepted for supervision.  If the risk assessment is performed 
        under the circumstances described in paragraph (d), item (ii), 
        the report shall be given to the offender and the law 
        enforcement agency as soon as it is available.  The committee 
        also shall inform the offender of the availability of review 
        under subdivision 6. 
           (g) As used in this subdivision, "risk factors" includes, 
        but is not limited to, the following factors: 
           (1) the seriousness of the offense should the offender 
        reoffend.  This factor includes consideration of the following:  
           (i) the degree of likely force or harm; 
           (ii) the degree of likely physical contact; and 
           (iii) the age of the likely victim; 
           (2) the offender's prior offense history.  This factor 
        includes consideration of the following: 
           (i) the relationship of prior victims to the offender; 
           (ii) the number of prior offenses or victims; 
           (iii) the duration of the offender's prior offense history; 
           (iv) the length of time since the offender's last prior 
        offense while the offender was at risk to commit offenses; and 
           (v) the offender's prior history of other antisocial acts; 
           (3) the offender's characteristics.  This factor includes 
        consideration of the following:  
           (i) the offender's response to prior treatment efforts; and 
           (ii) the offender's history of substance abuse; 
           (4) the availability of community supports to the offender. 
        This factor includes consideration of the following: 
           (i) the availability and likelihood that the offender will 
        be involved in therapeutic treatment; 
           (ii) the availability of residential supports to the 
        offender, such as a stable and supervised living arrangement in 
        an appropriate location; 
           (iii) the offender's familial and social relationships, 
        including the nature and length of these relationships and the 
        level of support that the offender may receive from these 
        persons; and 
           (iv) the offender's lack of education or employment 
        stability; 
           (5) whether the offender has indicated or credible evidence 
        in the record indicates that the offender will reoffend if 
        released into the community; and 
           (6) whether the offender demonstrates a physical condition 
        that minimizes the risk of reoffense, including but not limited 
        to, advanced age or a debilitating illness or physical condition.
           (h) Upon the request of the law enforcement agency or the 
        offender's corrections agent, the commissioner may reconvene the 
        end-of-confinement review committee for the purpose of 
        reassessing the risk level to which an offender has been 
        assigned under paragraph (e).  In a request for a reassessment, 
        the law enforcement agency which was responsible for the charge 
        resulting in confinement or agent shall list the facts and 
        circumstances arising after the initial assignment or facts and 
        circumstances known to law enforcement or the agent but not 
        considered by the committee under paragraph (e) which support 
        the request for a reassessment.  The request for reassessment 
        must occur within 30 days of receipt of the report indicating 
        the offender's risk level assignment.  Upon review of the 
        request, the end-of-confinement review committee may reassign an 
        offender to a different risk level.  If the offender is 
        reassigned to a higher risk level, the offender has the right to 
        seek review of the committee's determination under subdivision 6.
           (i) An offender may request the end-of-confinement review 
        committee to reassess the offender's assigned risk level after 
        two years have elapsed since the committee's initial risk 
        assessment and may renew the request once every two years 
        following subsequent denials.  In a request for reassessment, 
        the offender shall list the facts and circumstances which 
        demonstrate that the offender no longer poses the same degree of 
        risk to the community.  The committee shall follow the process 
        outlined in paragraphs (a) to (e), and (g) in the reassessment. 
           (j) The commissioner shall establish an end-of-confinement 
        review committee to assign a risk level to offenders who are 
        released from a federal correctional facility in Minnesota or 
        another state and who intend to reside in Minnesota, and to 
        offenders accepted from another state under a reciprocal 
        agreement for parole supervision under the interstate compact 
        authorized by section 243.16.  The committee shall make 
        reasonable efforts to conform to the same timelines as applied 
        to Minnesota cases.  Offenders accepted from another state under 
        a reciprocal agreement for probation supervision are not 
        assigned a risk level, but are considered downward dispositional 
        departures.  The probation or court services officer and law 
        enforcement officer shall manage such cases in accordance with 
        section 244.10, subdivision 2a.  The policies and procedures of 
        the committee for federal offenders and interstate compact cases 
        must be in accordance with all requirements as set forth in this 
        section, unless restrictions caused by the nature of federal or 
        interstate transfers prevents such conformance. 
           Sec. 5.  Minnesota Statutes 1997 Supplement, section 
        244.052, subdivision 4, is amended to read: 
           Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
        INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
        area where the sex offender resides, expects to reside, is 
        employed, or is regularly found, shall disclose to the public 
        any information regarding the offender contained in the report 
        forwarded to the agency under subdivision 3, paragraph (f), if 
        the agency determines that disclosure of the information is 
        relevant and necessary to protect the public and to counteract 
        the offender's dangerousness.  The extent of the information 
        disclosed and the community to whom disclosure is made must 
        relate to the level of danger posed by the offender, to the 
        offender's pattern of offending behavior, and to the need of 
        community members for information to enhance their individual 
        and collective safety. 
           (b) The law enforcement agency shall consider the following 
        guidelines in determining the scope of disclosure made under 
        this subdivision: 
           (1) if the offender is assigned to risk level I, the agency 
        may maintain information regarding the offender within the 
        agency and may disclose it to other law enforcement agencies.  
        Additionally, the agency may disclose the information to any 
        victims of or witnesses to the offense committed by the offender.
        The agency shall disclose the information to victims of the 
        offense committed by the offender who have requested disclosure; 
           (2) if the offender is assigned to risk level II, the 
        agency also may disclose the information to agencies and groups 
        that the offender is likely to encounter for the purpose of 
        securing those institutions and protecting individuals in their 
        care while they are on or near the premises of the institution.  
        These agencies and groups include the staff members of public 
        and private educational institutions, day care establishments, 
        and establishments and organizations that primarily serve 
        individuals likely to be victimized by the offender.  The agency 
        also may disclose the information to individuals the agency 
        believes are likely to be victimized by the offender.  The 
        agency's belief shall be based on the offender's pattern of 
        offending or victim preference as documented in the information 
        provided by the department of corrections or human services; 
           (3) if the offender is assigned to risk level III, the 
        agency also may disclose the information to other members of the 
        community whom the offender is likely to encounter. 
           Notwithstanding the assignment of a sex offender to risk 
        level II or III, a law enforcement agency may not make the 
        disclosures permitted by clause (2) or (3), if:  the offender is 
        placed or resides in a residential facility that is licensed as 
        a residential program, as defined in section 245A.02, 
        subdivision 14, by the commissioner of human services under 
        chapter 254A, or the commissioner of corrections under section 
        241.021; and the facility and its staff are trained in the 
        supervision of sex offenders.  However, if an offender is placed 
        or resides in a licensed facility, the offender and the head of 
        the facility shall designate the offender's likely residence 
        upon release from the facility and the head of the facility 
        shall notify the commissioner of corrections or the commissioner 
        of human services of the offender's likely residence at least 14 
        days before the offender's scheduled release date.  The 
        commissioner shall give this information to the law enforcement 
        agency having jurisdiction over the offender's likely 
        residence.  The head of the facility also shall notify the 
        commissioner of corrections or human services within 48 hours 
        after finalizing the offender's approved relocation plan to a 
        permanent residence.  Within five days after receiving this 
        notification, the appropriate commissioner shall give to the 
        appropriate law enforcement agency all relevant information the 
        commissioner has concerning the offender, including information 
        on the risk factors in the offender's history and the risk level 
        to which the offender was assigned.  After receiving this 
        information, the law enforcement agency may make the disclosures 
        permitted by clause (2) or (3), as appropriate. 
           (c) As used in paragraph (b), clauses (2) and (3), "likely 
        to encounter" means that:  
           (1) the organizations or community members are in a 
        location or in close proximity to a location where the offender 
        lives or is employed, or which the offender visits or is likely 
        to visit on a regular basis, other than the location of the 
        offender's outpatient treatment program; and 
           (2) the types of interaction which ordinarily occur at that 
        location and other circumstances indicate that contact with the 
        offender is reasonably certain. 
           (d) A law enforcement agency or official who decides to 
        disclose information under this subdivision shall make a good 
        faith effort to make the notification at least 14 days before an 
        offender is released from confinement or accepted for 
        supervision within 14 days of receipt of a confirmed address 
        from the department of corrections indicating that the offender 
        will be, or has been, released from confinement, or accepted for 
        supervision, or has moved to a new address and will reside at 
        the address indicated.  If a change occurs in the release plan, 
        this notification provision does not require an extension of the 
        release date.  
           (e) A law enforcement agency or official that decides to 
        disclose information under this subdivision shall not disclose 
        the identity of the victims of or witnesses to the offender's 
        offenses. 
           (f) A law enforcement agency may continue to disclose 
        information on an offender under this subdivision for as long as 
        the offender is required to register under section 243.166. 
           Sec. 6.  Minnesota Statutes 1997 Supplement, section 
        244.052, subdivision 5, is amended to read: 
           Subd. 5.  [RELEVANT INFORMATION PROVIDED TO LAW 
        ENFORCEMENT.] At least 60 days before a sex offender is released 
        from confinement or accepted for supervision, the department of 
        corrections or the department of human services, in the case of 
        a person who was committed under section 253B.185 or Minnesota 
        Statutes 1992, section 526.10, shall give to the law enforcement 
        agency that investigated the offender's crime of conviction or, 
        where relevant, the law enforcement agency having primary 
        jurisdiction where the offender was committed, all relevant 
        information that the departments have concerning the offender, 
        including information on risk factors in the offender's 
        history.  Within five days after receiving the offender's 
        approved release plan from the office of adult release, the 
        appropriate department shall give to the law enforcement agency 
        having primary jurisdiction where the offender plans to reside 
        all relevant information the department has concerning the 
        offender, including information on risk factors in the 
        offender's history and the risk level to which the offender was 
        assigned.  If the offender's risk level was assigned under the 
        circumstances described in subdivision 3, paragraph (d), item 
        (ii), the appropriate department shall give the law enforcement 
        agency all relevant information that the department has 
        concerning the offender, including information on the risk 
        factors in the offender's history and the offender's risk level 
        within five days of the risk level assignment or reassignment. 
           Sec. 7.  Minnesota Statutes 1996, section 611A.037, 
        subdivision 2, is amended to read: 
           Subd. 2.  [NOTICE TO VICTIM.] The officer conducting a 
        presentence or predispositional investigation shall make 
        reasonable and good faith efforts to contact assure that the 
        victim of that crime and to provide that victim is provided with 
        the following information by contacting the victim or assuring 
        that another public or private agency has contacted the victim: 
        (i) the charge or juvenile court petition to which the defendant 
        has been convicted or pleaded guilty, or the juvenile respondent 
        has admitted in court or has been found to have committed by the 
        juvenile court, and of any plea agreement between the 
        prosecution and the defense counsel; (ii) the victim's right to 
        request restitution pursuant to section 611A.04; (iii) the time 
        and place of the sentencing or juvenile court disposition and 
        the victim's right to be present; and (iv) the victim's right to 
        object in writing to the court, prior to the time of sentencing 
        or juvenile court disposition, to the proposed sentence or 
        juvenile dispositional alternative, or to the terms of the 
        proposed plea agreement.  To assist the victim in making a 
        recommendation under clause (iv), the officer shall provide the 
        victim with information about the court's options for sentencing 
        and other dispositions.  Failure of the officer to comply with 
        this subdivision does not give any rights or grounds for 
        postconviction or postjuvenile disposition relief to the 
        defendant or juvenile court respondent, nor does it entitle a 
        defendant or a juvenile court respondent to withdraw a plea of 
        guilty. 
           Sec. 8.  [STUDY OF CONFIDENTIALITY OF STATEMENTS MADE 
        DURING SEX OFFENDER TREATMENT.] 
           The commissioners of corrections and human services shall 
        include in the report they are required to submit under Laws 
        1998, chapter 367, article 3, section 16, a recommendation 
        concerning whether and to what extent statements made by sex 
        offenders during the course of sex offender treatment should be 
        treated as confidential.  As used in this section, "sex 
        offender" means a person who is required to register under 
        Minnesota Statutes, section 243.166, the sex offender 
        registration act. 
           Sec. 9.  [EFFECTIVE DATE.] 
           Sections 1 to 7 are effective the day following final 
        enactment and apply to offenders released from confinement, 
        sentenced, or accepted for supervision on or after that date, or 
        who move to a new address on or after that date.  Section 8 is 
        effective July 1, 1998. 
           Presented to the governor April 10, 1998 
           Signed by the governor April 20, 1998, 11:17 a.m.