Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 385-S.F.No. 3172 
                  An act relating to crimes; requiring a ten-year 
                  conditional release period when a person has a 
                  previous sex offense conviction regardless of the 
                  state in which it occurred; making it a ten-year 
                  felony when a person commits certain prohibited acts 
                  when the act is committed with sexual or aggressive 
                  intent; defining aggravated harassing conduct to 
                  include acts of criminal sexual conduct as predicate 
                  offenses for a pattern of harassing conduct; modifying 
                  notice requirements when moving for persons registered 
                  as predatory offenders; placing conditions and 
                  limitations on level III predatory offender locations 
                  of residence; clarifying predatory offender agency 
                  notification requirements; providing penalties for 
                  failure to report certain child abuse; requiring a 
                  report; prescribing penalties; amending Minnesota 
                  Statutes 2000, sections 244.052, subdivisions 1, 4, 
                  4a; 609.109, subdivision 7; 609.749, subdivisions 1a, 
                  3; 626.556, subdivision 6; Minnesota Statutes 2001 
                  Supplement, section 609.749, subdivisions 4, 5. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, 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) "immediate household" means any and all individuals who 
        live in the same household as the offender; 
           (3) "law enforcement agency" means the law enforcement 
        agency having primary jurisdiction over the location where the 
        offender expects to reside upon release; 
           (3) (4) "residential facility" means a facility that is 
        licensed as a residential program, as defined in section 
        245A.02, subdivision 14, by the commissioner of human services 
        under chapter 245A, or the commissioner of corrections under 
        section 241.021, whose staff are trained in the supervision of 
        sex offenders; and 
           (4) (5) "predatory offender" and "offender" mean a person 
        who is required to register as a predatory offender under 
        section 243.166.  However, the terms do not include persons 
        required to register based solely on a delinquency adjudication. 
           Sec. 2.  Minnesota Statutes 2000, 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 predatory 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), 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 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 and to adult members of the offender's immediate 
        household; 
           (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 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 predatory 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.  
        However, if an offender is placed or resides in a residential 
        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 residential 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 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 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 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 shall continue to disclose 
        information on an offender as required by this subdivision for 
        as long as the offender is required to register under section 
        243.166. 
           (g) A law enforcement agency that is disclosing information 
        on an offender assigned to risk level III to the public under 
        this subdivision shall inform the commissioner of corrections 
        what information is being disclosed and forward this information 
        to the commissioner within two days of the agency's 
        determination.  The commissioner shall post this information on 
        the Internet as required in subdivision 4b. 
           (h) A city council may adopt a policy that addresses when 
        information disclosed under this subdivision must be presented 
        in languages in addition to English.  The policy may address 
        when information must be presented orally, in writing, or both 
        in additional languages by the law enforcement agency disclosing 
        the information.  The policy may provide for different 
        approaches based on the prevalence of non-English languages in 
        different neighborhoods. 
           Sec. 3.  Minnesota Statutes 2000, section 244.052, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [LEVEL III OFFENDERS; LOCATION OF RESIDENCE.] 
        (a) When an offender assigned to risk level III is released from 
        confinement or a residential facility to reside in the community 
        or changes residence while on supervised or conditional release, 
        the agency responsible for the offender's supervision shall take 
        into consideration the proximity of the offender's residence to 
        that of other level III offenders and proximity to schools and, 
        to the greatest extent feasible, shall mitigate the 
        concentration of level III offenders and concentration of level 
        III offenders near schools.  
           (b) If the owner or property manager of a hotel, motel, 
        lodging establishment, or apartment building has an agreement 
        with an agency that arranges or provides shelter for victims of 
        domestic abuse, the owner or property manager may not knowingly 
        rent rooms to both level III offenders and victims of domestic 
        abuse at the same time.  If the owner or property manager has an 
        agreement with an agency to provide housing to domestic abuse 
        victims and discovers or is informed that a tenant is a level 
        III offender after signing a lease or otherwise renting to the 
        offender, the owner or property manager may evict the offender. 
           Sec. 4.  Minnesota Statutes 2000, section 609.109, 
        subdivision 7, is amended to read: 
           Subd. 7.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
        Notwithstanding the statutory maximum sentence otherwise 
        applicable to the offense or any provision of the sentencing 
        guidelines, when a court sentences a person to prison for a 
        violation of section 609.342, 609.343, 609.344, or 609.345, the 
        court shall provide that after the person has completed the 
        sentence imposed, the commissioner of corrections shall place 
        the person on conditional release.  If the person was convicted 
        for a violation of section 609.342, 609.343, 609.344, or 
        609.345, the person shall be placed on conditional release for 
        five years, minus the time the person served on supervised 
        release.  If the person was convicted for a violation of one of 
        those sections a second or subsequent time after a previous sex 
        offense conviction as defined in subdivision 5, or sentenced 
        under subdivision 6 to a mandatory departure, the person shall 
        be placed on conditional release for ten years, minus the time 
        the person served on supervised release. 
           (b) The conditions of release may include successful 
        completion of treatment and aftercare in a program approved by 
        the commissioner, satisfaction of the release conditions 
        specified in section 244.05, subdivision 6, and any other 
        conditions the commissioner considers appropriate.  If the 
        offender fails to meet any condition of release, the 
        commissioner may revoke the offender's conditional release and 
        order that the offender serve the remaining portion of the 
        conditional release term in prison.  The commissioner shall not 
        dismiss the offender from supervision before the conditional 
        release term expires. 
           Conditional release under this subdivision is governed by 
        provisions relating to supervised release, except as otherwise 
        provided in this subdivision, section 244.04, subdivision 1, or 
        244.05. 
           (c) The commissioner shall pay the cost of treatment of a 
        person released under this subdivision.  This section does not 
        require the commissioner to accept or retain an offender in a 
        treatment program. 
           Sec. 5.  Minnesota Statutes 2000, section 609.749, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [NO PROOF OF SPECIFIC INTENT REQUIRED.] In a 
        prosecution under this section, the state is not required to 
        prove that the actor intended to cause the victim to feel 
        frightened, threatened, oppressed, persecuted, or intimidated, 
        or except as otherwise provided in subdivision 3, paragraph (a), 
        clause (4), or paragraph (b), that the actor intended to cause 
        any other result. 
           Sec. 6.  Minnesota Statutes 2000, section 609.749, 
        subdivision 3, is amended to read: 
           Subd. 3.  [AGGRAVATED VIOLATIONS.] (a) A person who commits 
        any of the following acts is guilty of a felony and may be 
        sentenced to imprisonment for not more than five years or to 
        payment of a fine of not more than $10,000, or both: 
           (1) commits any offense described in subdivision 2 because 
        of the victim's or another's actual or perceived race, color, 
        religion, sex, sexual orientation, disability as defined in 
        section 363.01, age, or national origin; 
           (2) commits any offense described in subdivision 2 by 
        falsely impersonating another; 
           (3) commits any offense described in subdivision 2 and 
        possesses a dangerous weapon at the time of the offense; 
           (4) harasses another, as defined in subdivision 1, with 
        intent to influence or otherwise tamper with a juror or a 
        judicial proceeding or with intent to retaliate against a 
        judicial officer, as defined in section 609.415, or a 
        prosecutor, defense attorney, or officer of the court, because 
        of that person's performance of official duties in connection 
        with a judicial proceeding; or 
           (5) commits any offense described in subdivision 2 against 
        a victim under the age of 18, if the actor is more than 36 
        months older than the victim. 
           (b) A person who commits any offense described in 
        subdivision 2 against a victim under the age of 18, if the actor 
        is more than 36 months older than the victim, and the act is 
        committed with sexual or aggressive intent, is guilty of a 
        felony and may be sentenced to imprisonment for not more than 
        ten years or to payment of a fine of not more than $20,000, or 
        both. 
           Sec. 7.  Minnesota Statutes 2001 Supplement, section 
        609.749, subdivision 4, is amended to read: 
           Subd. 4.  [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] (a) A 
        person is guilty of a felony who violates any provision of 
        subdivision 2 during the time period between a previous 
        qualified domestic violence-related offense conviction or 
        adjudication of delinquency and the end of the ten years 
        following discharge from sentence or disposition for that 
        offense, and may be sentenced to imprisonment for not more than 
        five years or to payment of a fine of not more than $10,000, or 
        both. 
           (b) A person is guilty of a felony who violates any 
        provision of subdivision 2 during the time period between the 
        first of two or more previous qualified domestic 
        violence-related offense convictions or adjudications of 
        delinquency and the end of ten years following discharge from 
        sentence or disposition for that offense, and may be sentenced 
        to imprisonment for not more than ten years or to payment of a 
        fine of not more than $20,000, or both. 
           Sec. 8.  Minnesota Statutes 2001 Supplement, section 
        609.749, subdivision 5, is amended to read: 
           Subd. 5.  [PATTERN OF HARASSING CONDUCT.] (a) A person who 
        engages in a pattern of harassing conduct with respect to a 
        single victim or one or more members of a single household which 
        the actor knows or has reason to know would cause the victim 
        under the circumstances to feel terrorized or to fear bodily 
        harm and which does cause this reaction on the part of the 
        victim, is guilty of a felony and may be sentenced to 
        imprisonment for not more than ten years or to payment of a fine 
        of not more than $20,000, or both. 
           (b) For purposes of this subdivision, a "pattern of 
        harassing conduct" means two or more acts within a five-year 
        period that violate or attempt to violate the provisions of any 
        of the following or a similar law of another state, the United 
        States, the District of Columbia, tribal lands, or United States 
        territories: 
           (1) this section; 
           (2) section 609.713; 
           (3) section 609.224; 
           (4) section 609.2242; 
           (5) section 518B.01, subdivision 14; 
           (6) section 609.748, subdivision 6; 
           (7) section 609.605, subdivision 1, paragraph (b), clauses 
        (3), (4), and (7); 
           (8) section 609.79; 
           (9) section 609.795; 
           (10) section 609.582; 
           (11) section 609.595; or 
           (12) section 609.765; or 
           (13) sections 609.342 to 609.3451. 
           (c) When acts constituting a violation of this subdivision 
        are committed in two or more counties, the accused may be 
        prosecuted in any county in which one of the acts was committed 
        for all acts constituting the pattern. 
           Sec. 9.  Minnesota Statutes 2000, section 626.556, 
        subdivision 6, is amended to read: 
           Subd. 6.  [FAILURE TO REPORT.] (a) A person mandated by 
        this section to report who knows or has reason to believe that a 
        child is neglected or physically or sexually abused, as defined 
        in subdivision 2, or has been neglected or physically or 
        sexually abused within the preceding three years, and fails to 
        report is guilty of a misdemeanor.  
           (b) A person mandated by this section to report who knows 
        or has reason to believe that two or more children not related 
        to the perpetrator have been physically or sexually abused, as 
        defined in subdivision 2, by the same perpetrator within the 
        preceding ten years, and fails to report is guilty of a gross 
        misdemeanor. 
           (c) A parent, guardian, or caretaker who knows or 
        reasonably should know that the child's health is in serious 
        danger and who fails to report as required by subdivision 2, 
        paragraph (c), is guilty of a gross misdemeanor if the child 
        suffers substantial or great bodily harm because of the lack of 
        medical care.  If the child dies because of the lack of medical 
        care, the person is guilty of a felony and may be sentenced to 
        imprisonment for not more than two years or to payment of a fine 
        of not more than $4,000, or both.  The provision in section 
        609.378, subdivision 1, paragraph (a), clause (1), providing 
        that a parent, guardian, or caretaker may, in good faith, select 
        and depend on spiritual means or prayer for treatment or care of 
        a child, does not exempt a parent, guardian, or caretaker from 
        the duty to report under this subdivision. 
           Sec. 10.  [REPORT.] 
           (a) By January 1, 2003, the commissioner of corrections 
        must report to the chairs and ranking minority members of the 
        house and senate committees with jurisdiction over criminal 
        justice policy and finance on the issues outlined in paragraph 
        (b).  In developing the report, the commissioner must consult 
        with representatives of local corrections agencies in 
        noncommunity corrections act counties, community corrections act 
        counties, and county probation officer counties.  The 
        commissioner may also consult other interested parties. 
           (b) The commissioner of corrections must report on the 
        following issues involving level III sex offenders: 
           (1) a detailed explanation of how offenders re-enter the 
        community after being released from prison, specifically 
        focusing on how housing and jobs are found and the role that 
        state and local corrections agents play in helping an offender 
        find housing and jobs, including anecdotal evidence; 
           (2) the statewide locations and concentrations of the 
        offenders; 
           (3) the effects of having the offenders living in close 
        proximity to one another, specifically including the effects of 
        offenders living within 1,500 feet of one another, including the 
        effect on offense rates and voluntary relocation of neighborhood 
        residents; 
           (4) efforts under Minnesota Statutes, section 244.052, 
        subdivision 4a, that have been undertaken by local and state 
        corrections agencies to mitigate the concentration of the 
        offenders, especially with regard to the proximity of the 
        offenders to schools; 
           (5) the likely effects of a policy requiring that offenders 
        live a certain distance from schools; 
           (6) the likely effects of a policy requiring that offenders 
        not live within a certain distance of each other; 
           (7) the restricted zones that would result in the cities of 
        Minneapolis and St. Paul if a 1,500 foot proximity restriction 
        was adopted in relation to schools, parks, and other offenders, 
        with detailed maps; and 
           (8) policies adopted by other states relating to mitigating 
        the concentration of sex offenders. 
           Sec. 11.  [EFFECTIVE DATE.] 
           Sections 1 to 3 are effective August 1, 2002, and apply to 
        offenders released from confinement or residential facilities on 
        or after that date and to changes of residence by offenders on 
        or after that date.  Sections 4 to 9 are effective August 1, 
        2002, and apply to crimes committed on or after that date. 
           Presented to the governor May 18, 2002 
           Signed by the governor May 21, 2002, 3:15 p.m.