1.1 	A bill for an act
1.2 	relating to public safety; requiring the commissioner
1.3 	of corrections to convene an end-of-confinement review
1.4 	committee to assess the risk level of certain
1.5 	offenders coming to Minnesota from another state;
1.6 	clarifying current law requiring assessment of
1.7 	offenders released from federal facilities; allowing
1.8 	community notification pursuant to a risk level
1.9 	assigned in another state; requiring the Bureau of
1.10 	Criminal Apprehension to forward registration and
1.11 	notification information on certain offenders to the
1.12 	Department of Corrections; amending Minnesota Statutes
1.13 	2004, sections 243.166, subdivision 9; 244.052,
1.14 	subdivision 3, by adding a subdivision.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.16 	Section 1. Minnesota Statutes 2004, section 243.166,
1.17 	subdivision 9, is amended to read:
1.18 		Subd. 9.Offenders from other states. (a) When the state
1.19 	accepts an offender from another state under a reciprocal
1.20 	agreement under the interstate compact authorized by section
1.21 	243.16, the interstate compact authorized by section 243.1605,
1.22 	or under any authorized interstate agreement, the acceptance is
1.23 	conditional on the offender agreeing to register under this
1.24 	section when the offender is living in Minnesota.
1.25 	(b) The Bureau of Criminal Apprehension shall notify the
1.26 	commissioner of corrections:
1.27 	(1) when the bureau receives notice from a local law
1.28 	enforcement agency that a person from another state who is
1.29 	subject to this section has registered with the agency, unless
1.30 	the bureau previously received notice of the offender from the
2.1 	commissioner of corrections;
2.2 	(2) when a registration authority, corrections agent, or
2.3 	law enforcement agency in another state notifies the bureau that
2.4 	a person from another state who is subject to this section is
2.5 	moving to Minnesota; and 
2.6 	(3) when the bureau learns that a person from another state
2.7 	is in Minnesota and allegedly in violation of subdivision 6 for
2.8 	failure to register.
2.9 	(c) When a local law enforcement agency notifies the bureau
2.10 	of an out-of-state offender's registration, the agency shall
2.11 	provide the bureau with information on whether the person is
2.12 	subject to community notification in another state and the risk
2.13 	level the person was assigned, if any.
2.14 	(d) The bureau must forward all information it receives
2.15 	regarding offenders covered under this subdivision from sources
2.16 	other than the commissioner of corrections to the commissioner.
2.17 	(e) When the bureau receives information directly from a
2.18 	registration authority, corrections agent, or law enforcement
2.19 	agency in another state that a person who may be subject to this
2.20 	section is moving to Minnesota, the bureau must ask whether the
2.21 	person entering the state is subject to community notification
2.22 	in another state and the risk level the person has been
2.23 	assigned, if any.
2.24 	(f) When the bureau learns that a person subject to this
2.25 	section intends to move to Minnesota from another state or has
2.26 	moved to Minnesota from another state, the bureau shall notify
2.27 	the law enforcement authority with jurisdiction in the area of
2.28 	the person's primary address and provide all information
2.29 	concerning the person that is available to the bureau.
2.30 	(g) The commissioner of corrections must determine the
2.31 	supervised release status of persons who are referred to the
2.32 	commissioner under this subdivision.  If the commissioner
2.33 	determines that a person is subject to supervised release in
2.34 	another state and is not registered in Minnesota under the
2.35 	applicable interstate compact, the commissioner shall inform the
2.36 	local law enforcement agency that the person is in violation of
3.1 	section 243.161.  If the person is not subject to supervised
3.2 	release, the commissioner shall notify the bureau and the local
3.3 	law enforcement agency of the person's status.
3.4 	
EFFECTIVE DATE. This section is effective July 1, 2005,
3.5 	and applies to all persons subject to registration on or after
3.6 	that date.

3.7 	Sec. 2. Minnesota Statutes 2004, section 244.052,
3.8 	subdivision 3, is amended to read:
3.9 		Subd. 3.End-of-confinement review committee.  (a) The
3.10 	commissioner of corrections shall establish and administer
3.11 	end-of-confinement review committees at each state correctional
3.12 	facility and at each state treatment facility where predatory
3.13 	offenders are confined.  The committees shall assess on a
3.14 	case-by-case basis the public risk posed by predatory offenders
3.15 	who are about to be released from confinement.
3.16 	(b) Each committee shall be a standing committee and shall
3.17 	consist of the following members appointed by the commissioner:
3.18 	(1) the chief executive officer or head of the correctional
3.19 	or treatment facility where the offender is currently confined,
3.20 	or that person's designee;
3.21 	(2) a law enforcement officer;
3.22 	(3) a treatment professional who is trained in the
3.23 	assessment of sex offenders;
3.24 	(4) a caseworker experienced in supervising sex offenders;
3.25 	and
3.26 	(5) a victim's services professional.
3.27 	Members of the committee, other than the facility's chief
3.28 	executive officer or head, shall be appointed by the
3.29 	commissioner to two-year terms.  The chief executive officer or
3.30 	head of the facility or designee shall act as chair of the
3.31 	committee and shall use the facility's staff, as needed, to
3.32 	administer the committee, obtain necessary information from
3.33 	outside sources, and prepare risk assessment reports on
3.34 	offenders.
3.35 	(c) The committee shall have access to the following data
3.36 	on a predatory offender only for the purposes of its assessment
4.1 	and to defend the committee's risk assessment determination upon
4.2 	administrative review under this section:
4.3 	(1) private medical data under section 13.384 or 144.335,
4.4 	or welfare data under section 13.46 that relate to medical
4.5 	treatment of the offender;
4.6 	(2) private and confidential court services data under
4.7 	section 13.84;
4.8 	(3) private and confidential corrections data under section
4.9 	13.85; and
4.10 	(4) private criminal history data under section 13.87.
4.11 	Data collected and maintained by the committee under this
4.12 	paragraph may not be disclosed outside the committee, except as
4.13 	provided under section 13.05, subdivision 3 or 4.  The predatory
4.14 	offender has access to data on the offender collected and
4.15 	maintained by the committee, unless the data are confidential
4.16 	data received under this paragraph.
4.17 	(d)(i) Except as otherwise provided in item (ii), at least
4.18 	90 days before a predatory offender is to be released from
4.19 	confinement, the commissioner of corrections shall convene the
4.20 	appropriate end-of-confinement review committee for the purpose
4.21 	of assessing the risk presented by the offender and determining
4.22 	the risk level to which the offender shall be assigned under
4.23 	paragraph (e).  The offender and the law enforcement agency that
4.24 	was responsible for the charge resulting in confinement shall be
4.25 	notified of the time and place of the committee's meeting.  The
4.26 	offender has a right to be present and be heard at the meeting.
4.27 	The law enforcement agency may provide material in writing that
4.28 	is relevant to the offender's risk level to the chair of the
4.29 	committee.  The committee shall use the risk factors described
4.30 	in paragraph (g) and the risk assessment scale developed under
4.31 	subdivision 2 to determine the offender's risk assessment score
4.32 	and risk level.  Offenders scheduled for release from
4.33 	confinement shall be assessed by the committee established at
4.34 	the facility from which the offender is to be released.
4.35 	(ii) If an offender is received for confinement in a
4.36 	facility with less than 90 days remaining in the offender's term
5.1 	of confinement, the offender's risk shall be assessed at the
5.2 	first regularly scheduled end of confinement review committee
5.3 	that convenes after the appropriate documentation for the risk
5.4 	assessment is assembled by the committee.  The commissioner
5.5 	shall make reasonable efforts to ensure that offender's risk is
5.6 	assessed and a risk level is assigned or reassigned at least 30
5.7 	days before the offender's release date.
5.8 	(e) The committee shall assign to risk level I a predatory
5.9 	offender whose risk assessment score indicates a low risk of
5.10 	reoffense.  The committee shall assign to risk level II an
5.11 	offender whose risk assessment score indicates a moderate risk
5.12 	of reoffense.  The committee shall assign to risk level III an
5.13 	offender whose risk assessment score indicates a high risk of
5.14 	reoffense.
5.15 	(f) Before the predatory offender is released from
5.16 	confinement, the committee shall prepare a risk assessment
5.17 	report which specifies the risk level to which the offender has
5.18 	been assigned and the reasons underlying the committee's risk
5.19 	assessment decision.  The committee shall give the report to the
5.20 	offender and to the law enforcement agency at least 60 days
5.21 	before an offender is released from confinement.  If the risk
5.22 	assessment is performed under the circumstances described in
5.23 	paragraph (d), item (ii), the report shall be given to the
5.24 	offender and the law enforcement agency as soon as it is
5.25 	available.  The committee also shall inform the offender of the
5.26 	availability of review under subdivision 6.
5.27 	(g) As used in this subdivision, "risk factors" includes,
5.28 	but is not limited to, the following factors:
5.29 	(1) the seriousness of the offense should the offender
5.30 	reoffend.  This factor includes consideration of the following:
5.31 	(i) the degree of likely force or harm;
5.32 	(ii) the degree of likely physical contact; and
5.33 	(iii) the age of the likely victim;
5.34 	(2) the offender's prior offense history.  This factor
5.35 	includes consideration of the following:
5.36 	(i) the relationship of prior victims to the offender;
6.1 	(ii) the number of prior offenses or victims;
6.2 	(iii) the duration of the offender's prior offense history;
6.3 	(iv) the length of time since the offender's last prior
6.4 	offense while the offender was at risk to commit offenses; and
6.5 	(v) the offender's prior history of other antisocial acts;
6.6 	(3) the offender's characteristics.  This factor includes
6.7 	consideration of the following:
6.8 	(i) the offender's response to prior treatment efforts; and
6.9 	(ii) the offender's history of substance abuse;
6.10 	(4) the availability of community supports to the offender.
6.11 	This factor includes consideration of the following:
6.12 	(i) the availability and likelihood that the offender will
6.13 	be involved in therapeutic treatment;
6.14 	(ii) the availability of residential supports to the
6.15 	offender, such as a stable and supervised living arrangement in
6.16 	an appropriate location;
6.17 	(iii) the offender's familial and social relationships,
6.18 	including the nature and length of these relationships and the
6.19 	level of support that the offender may receive from these
6.20 	persons; and
6.21 	(iv) the offender's lack of education or employment
6.22 	stability;
6.23 	(5) whether the offender has indicated or credible evidence
6.24 	in the record indicates that the offender will reoffend if
6.25 	released into the community; and
6.26 	(6) whether the offender demonstrates a physical condition
6.27 	that minimizes the risk of reoffense, including but not limited
6.28 	to, advanced age or a debilitating illness or physical condition.
6.29 	(h) Upon the request of the law enforcement agency or the
6.30 	offender's corrections agent, the commissioner may reconvene the
6.31 	end-of-confinement review committee for the purpose of
6.32 	reassessing the risk level to which an offender has been
6.33 	assigned under paragraph (e).  In a request for a reassessment,
6.34 	the law enforcement agency which was responsible for the charge
6.35 	resulting in confinement or agent shall list the facts and
6.36 	circumstances arising after the initial assignment or facts and
7.1 	circumstances known to law enforcement or the agent but not
7.2 	considered by the committee under paragraph (e) which support
7.3 	the request for a reassessment.  The request for reassessment by
7.4 	the law enforcement agency must occur within 30 days of receipt
7.5 	of the report indicating the offender's risk level assignment.
7.6 	The offender's corrections agent, in consultation with the chief
7.7 	law enforcement officer in the area where the offender resides
7.8 	or intends to reside, may request a review of a risk level at
7.9 	any time if substantial evidence exists that the offender's risk
7.10 	level should be reviewed by an end-of-confinement review
7.11 	committee.  This evidence includes, but is not limited to,
7.12 	evidence of treatment failures or completions, evidence of
7.13 	exceptional crime-free community adjustment or lack of
7.14 	appropriate adjustment, evidence of substantial community need
7.15 	to know more about the offender or mitigating circumstances that
7.16 	would narrow the proposed scope of notification, or other
7.17 	practical situations articulated and based in evidence of the
7.18 	offender's behavior while under supervision.  Upon review of the
7.19 	request, the end-of-confinement review committee may reassign an
7.20 	offender to a different risk level.  If the offender is
7.21 	reassigned to a higher risk level, the offender has the right to
7.22 	seek review of the committee's determination under subdivision 6.
7.23 	(i) An offender may request the end-of-confinement review
7.24 	committee to reassess the offender's assigned risk level after
7.25 	three years have elapsed since the committee's initial risk
7.26 	assessment and may renew the request once every two years
7.27 	following subsequent denials.  In a request for reassessment,
7.28 	the offender shall list the facts and circumstances which
7.29 	demonstrate that the offender no longer poses the same degree of
7.30 	risk to the community.  In order for a request for a risk level
7.31 	reduction to be granted, the offender must demonstrate full
7.32 	compliance with supervised release conditions, completion of
7.33 	required post-release treatment programming, and full compliance
7.34 	with all registration requirements as detailed in section
7.35 	243.166.  The offender must also not have been convicted of any
7.36 	felony, gross misdemeanor, or misdemeanor offenses subsequent to
8.1 	the assignment of the original risk level.  The committee shall
8.2 	follow the process outlined in paragraphs (a) to (c) in the
8.3 	reassessment.  An offender who is incarcerated may not request a
8.4 	reassessment under this paragraph.
8.5 	(j) Offenders returned to prison as release violators shall
8.6 	not have a right to a subsequent risk reassessment by the
8.7 	end-of-confinement review committee unless substantial evidence
8.8 	indicates that the offender's risk to the public has increased.
8.9 	(k) ~~The commissioner shall establish an end-of-confinement~~
8.10 	~~review committee to assign a risk level to offenders who are~~
8.11 	~~released from a federal correctional facility in Minnesota or~~
8.12 	~~another state and who intend to reside in Minnesota, and to~~
8.13 	~~offenders accepted from another state under a reciprocal~~
8.14 	~~agreement for parole supervision under the interstate compact~~
8.15 	~~authorized by section 243.16.  The committee shall make~~
8.16 	~~reasonable efforts to conform to the same timelines as applied~~
8.17 	~~to Minnesota cases.  Offenders accepted from another state under~~
8.18 	~~a reciprocal agreement for probation supervision are not~~
8.19 	~~assigned a risk level, but are considered downward dispositional~~
8.20 	~~departures.  The probation or court services officer and law~~
8.21 	~~enforcement officer shall manage such cases in accordance with~~
8.22 	~~section 244.10, subdivision 2a.  The policies and procedures of~~
8.23 	~~the committee for federal offenders and interstate compact cases~~
8.24 	~~must be in accordance with all requirements as set forth in this~~
8.25 	~~section, unless restrictions caused by the nature of federal or~~
8.26 	~~interstate transfers prevents such conformance.~~
8.27 	~~(l)~~ If the committee assigns a predatory offender to risk
8.28 	level III, the committee shall determine whether residency
8.29 	restrictions shall be included in the conditions of the
8.30 	offender's release based on the offender's pattern of offending
8.31 	behavior.
8.32 	
EFFECTIVE DATE. This section is effective July 1, 2005,
8.33 	and applies to persons subject to community notification on or
8.34 	after that date.

8.35 	Sec. 3. Minnesota Statutes 2004, section 244.052, is
8.36 	amended by adding a subdivision to read:
9.1 		Subd. 3a.Offenders from other states and offenders
9.2 	released from federal facilities. (a) Except as provided in
9.3 	paragraph (b), the commissioner shall establish an
9.4 	end-of-confinement review committee to assign a risk level:
9.5 	(1) to offenders who are released from a federal
9.6 	correctional facility in Minnesota or a federal correctional
9.7 	facility in another state and who intend to reside in Minnesota;
9.8 	(2) to offenders who are accepted from another state under
9.9 	the interstate compact authorized by section 243.16 or 243.1605
9.10 	or any other authorized interstate agreement; and 
9.11 	(3) to offenders who are referred to the committee by local
9.12 	law enforcement agencies under paragraph (f).
9.13 	(b) This subdivision does not require the commissioner to
9.14 	convene an end-of-confinement review committee for a person
9.15 	coming into Minnesota who is subject to probation under another
9.16 	state's law.  The probation or court services officer and law
9.17 	enforcement officer shall manage such cases in accordance with
9.18 	section 244.10, subdivision 2a.
9.19 	(c) The committee shall make reasonable efforts to conform
9.20 	to the same timelines applied to offenders released from a
9.21 	Minnesota correctional facility and shall collect all relevant
9.22 	information and records on offenders assessed and assigned a
9.23 	risk level under this subdivision.  However, for offenders who
9.24 	were assigned the most serious risk level by another state, the
9.25 	committee must act promptly to collect the information required
9.26 	under this paragraph.
9.27 	The end-of-confinement review committee must proceed in
9.28 	accordance with all requirements set forth in this section and
9.29 	follow all policies and procedures applied to offenders released
9.30 	from a Minnesota correctional facility in reviewing information
9.31 	and assessing the risk level of offenders covered by this
9.32 	subdivision, unless restrictions caused by the nature of federal
9.33 	or interstate transfers prevent such conformance.  All of the
9.34 	provisions of this section apply to offenders who are assessed
9.35 	and assigned a risk level under this subdivision.
9.36 	(d) If a local law enforcement agency learns or suspects
10.1 	that a person who is subject to this section is living in
10.2 	Minnesota and a risk level has not been assigned to the person
10.3 	under this section, the law enforcement agency shall provide
10.4 	this information to the Bureau of Criminal Apprehension and the
10.5 	commissioner of corrections within three business days.
10.6 	(e) If the commissioner receives reliable information from
10.7 	a local law enforcement agency or the bureau that a person
10.8 	subject to this section is living in Minnesota and a local law
10.9 	enforcement agency so requests, the commissioner must determine
10.10 	if the person was assigned a risk level under a law comparable
10.11 	to this section.  If the commissioner determines that the law is
10.12 	comparable and public safety warrants, the commissioner, within
10.13 	three business days of receiving a request, shall notify the
10.14 	local law enforcement agency that it may, in consultation with
10.15 	the department, proceed with notification under subdivision 4
10.16 	based on the person's out-of-state risk level.  However, if the
10.17 	commissioner concludes that the offender is not from a state
10.18 	with a risk level assessment law that is comparable to this
10.19 	section, the extent of the notification may not exceed that of a
10.20 	risk level II offender under subdivision 4, paragraph (b),
10.21 	unless the requirements of paragraph (f) have been met.  If an
10.22 	assessment is requested from the end-of-confinement review
10.23 	committee under paragraph (f), the local law enforcement agency
10.24 	may continue to disclose information under subdivision 4 until
10.25 	the committee assigns the person a risk level.  After the
10.26 	committee assigns a risk level to an offender pursuant to a
10.27 	request made under paragraph (f), and if the law enforcement
10.28 	agency has not already done so, it may then disclose information
10.29 	consistent with the risk level assigned by the
10.30 	end-of-confinement review committee.  The commissioner of
10.31 	corrections, in consultation with legal advisers, shall
10.32 	determine whether the law of another state is comparable to this
10.33 	section.
10.34 	(f) If the local law enforcement agency wants to make a
10.35 	broader disclosure than is authorized under paragraph (e), the
10.36 	law enforcement agency may request that an end-of-confinement
11.1 	review committee assign a risk level to the offender.  The local
11.2 	law enforcement agency shall provide to the committee all
11.3 	information concerning the offender's criminal history, the risk
11.4 	the offender poses to the community, and other relevant
11.5 	information.  The department shall attempt to obtain other
11.6 	information relevant to determining which risk level to assign
11.7 	the offender.  The committee shall promptly assign a risk level
11.8 	to an offender referred to the committee under this paragraph.
11.9 	
EFFECTIVE DATE. This section is effective July 1, 2005,
11.10 	and applies to persons subject to community notification on or
11.11 	after that date.