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Minnesota Legislature

Office of the Revisor of Statutes

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.