Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 233-S.F.No. 174
An act relating to crime prevention; requiring certain
persons committed as mentally ill and dangerous to the
public to register as predatory sex offenders and to
be subject to the community notification law; imposing
mandatory disclosure requirements under the community
notification law; amending Minnesota Statutes 1998,
sections 243.166, subdivisions 1, 2, and 6; and
244.052, subdivisions 1 and 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 243.166,
subdivision 1, is amended to read:
Subdivision 1. [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 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, clause (2); or
(ii) kidnapping under section 609.25, involving a minor
victim; or
(iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
(iv) indecent exposure under section 617.23, subdivision 3;
or
(2) the person was charged with or petitioned for falsely
imprisoning a minor in violation of section 609.255, subdivision
2; soliciting a minor to engage in prostitution in violation of
section 609.322 or 609.324; soliciting a minor to engage in
sexual conduct in violation of section 609.352; using a minor in
a sexual performance in violation of section 617.246; or
possessing pictorial representations of minors in violation of
section 617.247, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of
circumstances; or
(3) the person was convicted of a predatory crime as
defined in section 609.108, and the offender was sentenced as a
patterned sex offender or the court found on its own motion or
that of the prosecutor that the crime was part of a predatory
pattern of behavior that had criminal sexual conduct as its
goal; or
(4) the person was convicted of or adjudicated delinquent
for violating a law of the United States similar to the offenses
described in clause (1), (2), or (3).
(b) A person also shall register under this section if:
(1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
(2) the person enters the state as required in subdivision
3, paragraph (b); 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.
(c) A person also shall register under this section if the
person was 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.
(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
federal jurisdiction, 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
federal jurisdiction;
(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
federal jurisdiction.
Sec. 2. Minnesota Statutes 1998, section 243.166,
subdivision 2, is amended to read:
Subd. 2. [NOTICE.] When a person who is required to
register under subdivision 1, 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. 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. If a person required to register
under subdivision 1, 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. When a person who
is required to register under subdivision 1, 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 of criminal apprehension.
Sec. 3. Minnesota Statutes 1998, section 243.166,
subdivision 6, is amended to read:
Subd. 6. [REGISTRATION PERIOD.] (a) Notwithstanding the
provisions of section 609.165, subdivision 1, a person required
to register under this section shall continue to comply with
this section until ten years have elapsed since the person
initially registered in connection with the offense, or until
the probation, supervised release, or conditional release period
expires, whichever occurs later. For a person required to
register under this section who is committed under
section 253B.18 or 253B.185, the ten-year registration period
does not include the period of commitment.
(b) If a person required to register under this section
fails to register following a change in residence, the
commissioner of public safety may require the person to continue
to register for an additional period of five years.
Sec. 4. Minnesota Statutes 1998, section 244.052,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section:
(1) "confinement" means confinement in a state correctional
facility or a state treatment facility;
(2) "law enforcement agency" means the law enforcement
agency having primary jurisdiction over the location where the
offender expects to reside upon release; and
(3) "sex offender" and "offender" mean a person who has
been:
(i) convicted of an offense for which registration under
section 243.166 is required or a person who has been;
(ii) 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;
or
(iii) committed pursuant to a court commitment order under
section 253B.18, under the circumstances described in section
243.166, subdivision 1, paragraph (d).
Sec. 5. Minnesota Statutes 1998, 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 that is
relevant and necessary to protect the public and to counteract
the offender's dangerousness, consistent with the guidelines in
paragraph (b). 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 employ 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 shall disclose the information to the persons
and entities described in clauses (1) and (2) and to other
members of the community whom the offender is likely to
encounter, unless the law enforcement agency determines that
public safety would be compromised by the disclosure or that a
more limited disclosure is necessary to protect the identity of
the victim.
Notwithstanding the assignment of a sex offender to risk
level II or III, a law enforcement agency may not make the
disclosures permitted or required 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 shall make the disclosures permitted or required 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 discloses information under this subdivision shall make
a good faith effort to make the notification 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 who discloses information under this subdivision shall
not disclose the identity or any identifying characteristics of
the victims of or witnesses to the offender's offenses.
(f) A law enforcement agency may shall continue to disclose
information on an offender under as required by this subdivision
for as long as the offender is required to register under
section 243.166.
Sec. 6. [EFFECTIVE DATE.]
Sections 1 to 4 are effective August 1, 1999, and apply to
persons released from commitment on or after that date. Section
5 is effective the day following final enactment.
Presented to the governor May 24, 1999
Signed by the governor May 25, 1999, 11:42 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes