1.1 	A bill for an act
1.2 	relating to public safety; requiring predatory
1.3 	offender registration for offenders without primary
1.4 	addresses; changing other provisions of the predatory
1.5 	offender registration law; providing for community
1.6 	notification for out-of-state offenders; amending
1.7 	Minnesota Statutes 2004, sections 243.166; 243.167;
1.8 	244.052, subdivisions 3, 4, by adding a subdivision;
1.9 	244.10, subdivision 2a; repealing Minnesota Statutes
1.10 	2004, section 243.166, subdivisions 1, 8.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2004, section 243.166, is
1.13 	amended to read:
1.14 	243.166 REGISTRATION OF PREDATORY OFFENDERS.
1.15 		~~Subdivision 1.Registration required.~~ ~~(a) A person shall~~
1.16 	~~register under this section if:~~
1.17 	~~(1) the person was charged with or petitioned for a felony~~
1.18 	~~violation of or attempt to violate any of the following, and~~
1.19 	~~convicted of or adjudicated delinquent for that offense or~~
1.20 	~~another offense arising out of the same set of circumstances:~~
1.21 	~~(i) murder under section 609.185, clause (2); or~~ 
1.22 	~~(ii) kidnapping under section 609.25; or~~ 
1.23 	~~(iii) criminal sexual conduct under section 609.342;~~
1.24 	~~609.343; 609.344; 609.345; or 609.3451, subdivision 3; or~~ 
1.25 	~~(iv) indecent exposure under section 617.23, subdivision 3;~~
1.26 	~~or~~ 
1.27 	~~(2) the person was charged with or petitioned for falsely~~
1.28 	~~imprisoning a minor in violation of section 609.255, subdivision~~
2.1 	~~2; soliciting a minor to engage in prostitution in violation of~~
2.2 	~~section 609.322 or 609.324; soliciting a minor to engage in~~
2.3 	~~sexual conduct in violation of section 609.352; using a minor in~~
2.4 	~~a sexual performance in violation of section 617.246; or~~
2.5 	~~possessing pornographic work involving a minor in violation of~~
2.6 	~~section 617.247, and convicted of or adjudicated delinquent for~~
2.7 	~~that offense or another offense arising out of the same set of~~
2.8 	~~circumstances; or~~ 
2.9 	~~(3) the person was convicted of a predatory crime as~~
2.10 	~~defined in section 609.108, and the offender was sentenced as a~~
2.11 	~~patterned sex offender or the court found on its own motion or~~
2.12 	~~that of the prosecutor that the crime was part of a predatory~~
2.13 	~~pattern of behavior that had criminal sexual conduct as its~~
2.14 	~~goal; or~~ 
2.15 	~~(4) the person was convicted of or adjudicated delinquent~~
2.16 	~~for, including pursuant to a court martial, violating a law of~~
2.17 	~~the United States, including the Uniform Code of Military~~
2.18 	~~Justice, similar to the offenses described in clause (1), (2),~~
2.19 	~~or (3).~~
2.20 	~~(b) A person also shall register under this section if:~~
2.21 	~~(1) the person was convicted of or adjudicated delinquent~~
2.22 	~~in another state for an offense that would be a violation of a~~
2.23 	~~law described in paragraph (a) if committed in this state;~~
2.24 	~~(2) the person enters the state to reside, or to work or~~
2.25 	~~attend school; and~~ 
2.26 	~~(3) ten years have not elapsed since the person was~~
2.27 	~~released from confinement or, if the person was not confined,~~
2.28 	~~since the person was convicted of or adjudicated delinquent for~~
2.29 	~~the offense that triggers registration, unless the person is~~
2.30 	~~subject to lifetime registration, in which case the person must~~
2.31 	~~register for life regardless of when the person was released~~
2.32 	~~from confinement, convicted, or adjudicated delinquent.~~
2.33 	~~For purposes of this paragraph:~~
2.34 	~~(i) "school" includes any public or private educational~~
2.35 	~~institution, including any secondary school, trade or~~
2.36 	~~professional institution, or institution of higher education,~~
3.1 	~~that the person is enrolled in on a full-time or part-time~~
3.2 	~~basis; and~~ 
3.3 	~~(ii) "work" includes employment that is full time or part~~
3.4 	~~time for a period of time exceeding 14 days or for an aggregate~~
3.5 	~~period of time exceeding 30 days during any calendar year,~~
3.6 	~~whether financially compensated, volunteered, or for the purpose~~
3.7 	~~of government or educational benefit.~~
3.8 	~~(c) A person also shall register under this section if the~~
3.9 	~~person was committed pursuant to a court commitment order under~~
3.10 	~~section 253B.185 or Minnesota Statutes 1992, section 526.10, or~~
3.11 	~~a similar law of another state or the United States, regardless~~
3.12 	~~of whether the person was convicted of any offense.~~
3.13 	~~(d) A person also shall register under this section if:~~
3.14 	~~(1) the person was charged with or petitioned for a felony~~
3.15 	~~violation or attempt to violate any of the offenses listed in~~
3.16 	~~paragraph (a), clause (1), or a similar law of another state or~~
3.17 	~~the United States, or the person was charged with or petitioned~~
3.18 	~~for a violation of any of the offenses listed in paragraph (a),~~
3.19 	~~clause (2), or a similar law of another state or the United~~
3.20 	~~States;~~
3.21 	~~(2) the person was found not guilty by reason of mental~~
3.22 	~~illness or mental deficiency after a trial for that offense, or~~
3.23 	~~found guilty but mentally ill after a trial for that offense, in~~
3.24 	~~states with a guilty but mentally ill verdict; and~~ 
3.25 	~~(3) the person was committed pursuant to a court commitment~~
3.26 	~~order under section 253B.18 or a similar law of another state or~~
3.27 	~~the United States.~~
3.28 		Subd. 1a.Definitions. (a) As used in this section,
3.29 	unless the context clearly indicates otherwise, the following
3.30 	terms have the meanings given them.
3.31 	(b) "Bureau" means the Bureau of Criminal Apprehension.
3.32 	(c) "Dwelling" means the building where the person lives
3.33 	under a formal or informal agreement to do so.
3.34 	(d) "Incarceration" and "confinement" do not include
3.35 	electronic home monitoring.
3.36 	(e) "Law enforcement authority" or "authority" means, with
4.1 	respect to a home rule charter or statutory city, the chief of
4.2 	police, and with respect to an unincorporated area, the county
4.3 	sheriff.
4.4 	(f) "Motor vehicle" has the meaning given of "vehicle" in
4.5 	section 169.01, subdivision 2.
4.6 	(g) "Primary address" means the mailing address of the
4.7 	person's dwelling.  If the mailing address is different from the
4.8 	actual location of the dwelling, "primary address" also includes
4.9 	the physical location of the dwelling described with as much
4.10 	specificity as possible.
4.11 	(h) "School" includes any public or private educational
4.12 	institution, including any secondary school, trade, or
4.13 	professional institution, or institution of higher education,
4.14 	that the person is enrolled in on a full-time or part-time basis.
4.15 	(i) "Secondary address" means the mailing address of any
4.16 	place where the person regularly or occasionally stays overnight
4.17 	when not staying at the person's primary address.  If the
4.18 	mailing address is different from the actual location of the
4.19 	place, "secondary address" also includes the physical location
4.20 	of the place described with as much specificity as possible.
4.21 	(j) "Treatment facility" means a residential facility, as
4.22 	defined in section 244.052, subdivision 1, and residential
4.23 	chemical dependency treatment programs and halfway houses
4.24 	licensed under chapter 245A, including, but not limited to,
4.25 	those facilities directly or indirectly assisted by any
4.26 	department or agency of the United States.
4.27 	(k) "Work" includes employment that is full time or part
4.28 	time for a period of time exceeding 14 days or for an aggregate
4.29 	period of time exceeding 30 days during any calendar year,
4.30 	whether financially compensated, volunteered, or for the purpose
4.31 	of government or educational benefit.
4.32 		Subd. 1b.Registration required. (a) A person shall
4.33 	register under this section if:
4.34 	(1) the person was charged with or petitioned for a felony
4.35 	violation of or attempt to violate, or aiding, abetting, or
4.36 	conspiracy to commit, any of the following, and convicted of or
5.1 	adjudicated delinquent for that offense or another offense
5.2 	arising out of the same set of circumstances:
5.3 	(i) murder under section 609.185, paragraph (a), clause
5.4 	(2); or 
5.5 	(ii) kidnapping under section 609.25; or 
5.6 	(iii) criminal sexual conduct under section 609.342;
5.7 	609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453;
5.8 	or 
5.9 	(iv) indecent exposure under section 617.23, subdivision 3;
5.10 	or 
5.11 	(2) the person was charged with or petitioned for false
5.12 	imprisonment in violation of section 609.255, subdivision 2;
5.13 	soliciting a minor to engage in prostitution in violation of
5.14 	section 609.322 or 609.324; soliciting a minor to engage in
5.15 	sexual conduct in violation of section 609.352; using a minor in
5.16 	a sexual performance in violation of section 617.246; or
5.17 	possessing pornographic work involving a minor in violation of
5.18 	section 617.247, and convicted of or adjudicated delinquent for
5.19 	that offense or another offense arising out of the same set of
5.20 	circumstances; or 
5.21 	(3) the person was sentenced as a patterned sex offender
5.22 	under section 609.108; or 
5.23 	(4) the person was convicted of or adjudicated delinquent
5.24 	for, including pursuant to a court martial, violating a law of
5.25 	the United States, including the Uniform Code of Military
5.26 	Justice, similar to the offenses described in clause (1), (2),
5.27 	or (3).
5.28 	(b) A person also shall register under this section if:
5.29 	(1) the person was convicted of or adjudicated delinquent
5.30 	in another state for an offense that would be a violation of a
5.31 	law described in paragraph (a) if committed in this state;
5.32 	(2) the person enters the state to reside, work, or attend
5.33 	school, or enters the state and remains for 14 days or longer;
5.34 	and 
5.35 	(3) ten years have not elapsed since the person was
5.36 	released from confinement or, if the person was not confined,
6.1 	since the person was convicted of or adjudicated delinquent for
6.2 	the offense that triggers registration, unless the person is
6.3 	subject to lifetime registration, in which case the person shall
6.4 	register for life regardless of when the person was released
6.5 	from confinement, convicted, or adjudicated delinquent.
6.6 	A person described in this paragraph shall register with
6.7 	the bureau within five days after the registration requirement
6.8 	becomes applicable.
6.9 	(c) A person also shall register under this section if the
6.10 	person was committed pursuant to a court commitment order under
6.11 	section 253B.185 or Minnesota Statutes 1992, section 526.10, or
6.12 	a similar law of another state or the United States, regardless
6.13 	of whether the person was convicted of any offense.
6.14 	(d) A person also shall register under this section if:
6.15 	(1) the person was charged with or petitioned for a felony
6.16 	violation or attempt to violate any of the offenses listed in
6.17 	paragraph (a), clause (1), or a similar law of another state or
6.18 	the United States, or the person was charged with or petitioned
6.19 	for a violation of any of the offenses listed in paragraph (a),
6.20 	clause (2), or a similar law of another state or the United
6.21 	States;
6.22 	(2) the person was found not guilty by reason of mental
6.23 	illness or mental deficiency after a trial for that offense, or
6.24 	found guilty but mentally ill after a trial for that offense, in
6.25 	states with a guilty but mentally ill verdict; and 
6.26 	(3) the person was committed pursuant to a court commitment
6.27 	order under section 253B.18 or a similar law of another state or
6.28 	the United States.
6.29 		Subd. 2.Notice. When a person who is required to
6.30 	register under subdivision ~~1~~ 1b, paragraph (a), is sentenced or
6.31 	becomes subject to a juvenile court disposition order, the court
6.32 	shall tell the person of the duty to register under this section
6.33 	and that, if the person fails to comply with the registration
6.34 	requirements, information about the offender may be made
6.35 	available to the public through electronic, computerized, or
6.36 	other accessible means.  The court may not modify the person's
7.1 	duty to register in the pronounced sentence or disposition
7.2 	order.  The court shall require the person to read and sign a
7.3 	form stating that the duty of the person to register under this
7.4 	section has been explained.  The court shall forward the signed
7.5 	sex offender registration form, the complaint, and sentencing
7.6 	documents to the bureau ~~of Criminal Apprehension~~.  If a person
7.7 	required to register under subdivision ~~1~~ 1b, paragraph (a), was
7.8 	not notified by the court of the registration requirement at the
7.9 	time of sentencing or disposition, the assigned corrections
7.10 	agent shall notify the person of the requirements of this
7.11 	section.  When a person who is required to register under
7.12 	subdivision ~~1~~ 1b, paragraph (c) or (d), is released from
7.13 	commitment, the treatment facility shall notify the person of
7.14 	the requirements of this section.  The treatment facility shall
7.15 	also obtain the registration information required under this
7.16 	section and forward it to the bureau ~~of Criminal Apprehension~~.
7.17 		Subd. 3.Registration procedure. (a) Except as provided
7.18 	in subdivision 3a,a person required to register under this
7.19 	section shall register with the corrections agent as soon as the
7.20 	agent is assigned to the person.  If the person does not have an
7.21 	assigned corrections agent or is unable to locate the assigned
7.22 	corrections agent, the person shall register with the law
7.23 	enforcement ~~agency~~ authority that has jurisdiction in the area
7.24 	of the person's ~~residence~~ primary address.
7.25 	(b) Except as provided in subdivision 3a,at least five
7.26 	days before the person starts living at a new primary address,
7.27 	including living in another state, the person shall give written
7.28 	notice of the new primary ~~living~~ address to the assigned
7.29 	corrections agent or to the law enforcement authority with which
7.30 	the person currently is registered.  If the person will be
7.31 	living in a new state and that state has a registration
7.32 	requirement, the person shall also give written notice of the
7.33 	new address to the designated registration agency in the new
7.34 	state.  A person required to register under this section shall
7.35 	also give written notice to the assigned corrections agent or to
7.36 	the law enforcement authority that has jurisdiction in the area
8.1 	of the person's ~~residence~~ primary address that the person is no
8.2 	longer living or staying at an address, immediately after the
8.3 	person is no longer living or staying at that address.  The
8.4 	corrections agent or law enforcement authority shall, within two
8.5 	business days after receipt of this information, forward it to
8.6 	the bureau ~~of Criminal Apprehension~~.  The bureau ~~of Criminal~~
8.7 	~~Apprehension~~ shall, if it has not already been done, notify the
8.8 	law enforcement authority having primary jurisdiction in the
8.9 	community where the person will live of the new address.  If the
8.10 	person is leaving the state, the bureau ~~of Criminal Apprehension~~ 
8.11 	shall notify the registration authority in the new state of the
8.12 	new address. ~~If the person's obligation to register arose under~~
8.13 	~~subdivision 1, paragraph (b),~~The person's registration
8.14 	requirements under this section terminate ~~when~~ after the person
8.15 	begins living in the new state and the bureau has confirmed the
8.16 	address in the other state through the annual verification
8.17 	process on at least one occasion.
8.18 	(c) A person required to register under subdivision ~~1~~ 1b,
8.19 	paragraph (b), because the person is working or attending school
8.20 	in Minnesota shall register with the law enforcement
8.21 	~~agency~~ authority that has jurisdiction in the area where the
8.22 	person works or attends school.  In addition to other
8.23 	information required by this section, the person shall provide
8.24 	the address of the school or of the location where the person is
8.25 	employed.  A person ~~must~~ shall comply with this paragraph within
8.26 	five days of beginning employment or school.  A person's
8.27 	obligation to register under this paragraph terminates when the
8.28 	person is no longer working or attending school in Minnesota.
8.29 	(d) A person required to register under this section who
8.30 	works or attends school outside of Minnesota shall register as a
8.31 	predatory offender in the state where the person works or
8.32 	attends school.  The person's corrections agent, or if the
8.33 	person does not have an assigned corrections agent, the law
8.34 	enforcement authority that has jurisdiction in the area of the
8.35 	person's ~~residence~~ primary address shall notify the person of
8.36 	this requirement.
9.1 		Subd. 3a.Registration procedure when person lacks
9.2 	primary address. (a) If a person leaves a primary address and
9.3 	does not have a new primary address, the person shall register
9.4 	with the law enforcement authority that has jurisdiction in the
9.5 	area where the person is staying within 24 hours of the time the
9.6 	person no longer has a primary address.
9.7 	(b) A person who lacks a primary address shall register
9.8 	with the law enforcement authority that has jurisdiction in the
9.9 	area where the person is staying within 24 hours after entering
9.10 	the jurisdiction.  Each time a person who lacks a primary
9.11 	address moves to a new jurisdiction without acquiring a new
9.12 	primary address, the person shall register with the law
9.13 	enforcement authority that has jurisdiction in the area where
9.14 	the person is staying within 24 hours after entering the
9.15 	jurisdiction.
9.16 	(c) Upon registering under this subdivision, the person
9.17 	shall provide the law enforcement authority with all of the
9.18 	information the individual is required to provide under
9.19 	subdivision 4a.  However, instead of reporting the person's
9.20 	primary address, the person shall describe the location of where
9.21 	the person is staying with as much specificity as possible.
9.22 	(d) Except as otherwise provided in paragraph (e), if a
9.23 	person continues to lack a primary address, the person shall
9.24 	report in person on a weekly basis to the law enforcement
9.25 	authority with jurisdiction in the area where the person is
9.26 	staying.  This weekly report shall occur between the hours of
9.27 	9:00 a.m. and 5:00 p.m.  The person is not required to provide
9.28 	the registration information required under subdivision 4a each
9.29 	time the offender reports to an authority, but the person shall
9.30 	inform the authority of changes to any information provided
9.31 	under subdivision 4a or this subdivision and shall otherwise
9.32 	comply with this subdivision.
9.33 	(e) If the law enforcement authority determines that it is
9.34 	impractical, due to the person's unique circumstances, to
9.35 	require a person lacking a primary address to report weekly and
9.36 	in person as required under paragraph (d), the authority may
10.1 	authorize the person to follow an alternative reporting
10.2 	procedure.  The authority shall consult with the person's
10.3 	corrections agent, if the person has one, in establishing the
10.4 	specific criteria of this alternative procedure, subject to the
10.5 	following requirements:
10.6 	(1) The authority shall document, in the person's
10.7 	registration record, the specific reasons why the weekly
10.8 	in-person reporting process is impractical for the person to
10.9 	follow.
10.10 	(2) The authority shall explain how the alternative
10.11 	reporting procedure furthers the public safety objectives of
10.12 	this section.
10.13 	(3) The authority shall require the person lacking a
10.14 	primary address to report in person at least monthly to the
10.15 	authority or the person's corrections agent and shall specify
10.16 	the location where the person shall report.  If the authority
10.17 	determines it would be more practical and would further public
10.18 	safety for the person to report to another law enforcement
10.19 	authority with jurisdiction where the person is staying, it may,
10.20 	after consulting with the other law enforcement authority,
10.21 	include this requirement in the person's alternative reporting
10.22 	process.
10.23 	(4) The authority shall require the person to comply with
10.24 	the weekly, in-person reporting process required under paragraph
10.25 	(d), if the person moves to a new area where this process would
10.26 	be practical.
10.27 	(5) The authority shall require the person to report any
10.28 	changes to the registration information provided under
10.29 	subdivision 4a and to comply with the periodic registration
10.30 	requirements specified under paragraph (f).
10.31 	(6) The authority shall require the person to comply with
10.32 	the requirements of subdivision 3, paragraphs (b) and (c), if
10.33 	the person moves to a primary address.
10.34 	(f) If a person continues to lack a primary address and
10.35 	continues to report to the same law enforcement authority, the
10.36 	person shall provide the authority with all of the information
11.1 	the individual is required to provide under subdivision 4a and
11.2 	this subdivision at least annually, unless the person is
11.3 	required to register under subdivision 1b, paragraph (c),
11.4 	following commitment pursuant to a court commitment under
11.5 	section 253B.185 or a similar law of another state or the United
11.6 	States.  If the person is required to register under subdivision
11.7 	1b, paragraph (c), the person shall provide the law enforcement
11.8 	authority with all of the information the individual is required
11.9 	to report under subdivision 4a and this subdivision at least
11.10 	once every three months.
11.11 	(g) A law enforcement authority receiving information under
11.12 	this subdivision shall forward registration information and
11.13 	changes to that information to the bureau within two business
11.14 	days of receipt of the information.
11.15 	(h) For purposes of this subdivision, a person who fails to
11.16 	report a primary address will be deemed to be a person who lacks
11.17 	a primary address, and the person shall comply with the
11.18 	requirements for a person who lacks a primary address.
11.19 		Subd. 4.Contents of registration. (a) The registration
11.20 	provided to the corrections agent or law enforcement authority,
11.21 	must consist of a statement in writing signed by the person,
11.22 	giving information required by the bureau ~~of Criminal~~
11.23 	~~Apprehension~~, a fingerprint card, and photograph of the person
11.24 	taken at the time of the person's release from incarceration or,
11.25 	if the person was not incarcerated, at the time the person
11.26 	initially registered under this section.  The registration
11.27 	information also must include a written consent form signed by
11.28 	the person allowing a treatment facility or residential housing
11.29 	unit or shelter to release information to a law enforcement
11.30 	officer about the person's admission to, or residence in, a
11.31 	treatment facility or residential housing unit or shelter.
11.32 	Registration information on adults and juveniles may be
11.33 	maintained together notwithstanding section 260B.171,
11.34 	subdivision 3.
11.35 	(b) For persons required to register under subdivision ~~1~~ 
11.36 	1b, paragraph (c), following commitment pursuant to a court
12.1 	commitment under section 253B.185 or a similar law of another
12.2 	state or the United States, in addition to other information
12.3 	required by this section, the registration provided to the
12.4 	corrections agent or law enforcement authority must include the
12.5 	person's offense history and documentation of treatment received
12.6 	during the person's commitment.  This documentation ~~shall be~~ is 
12.7 	limited to a statement of how far the person progressed in
12.8 	treatment during commitment.
12.9 	(c) Within three days of receipt, the corrections agent or
12.10 	law enforcement authority shall forward the registration
12.11 	information to the bureau ~~of Criminal Apprehension~~.  The bureau
12.12 	shall ascertain whether the person has registered with the law
12.13 	enforcement authority ~~where the person resides~~ in the area of
12.14 	the person's primary address, if any, or if the person lacks a
12.15 	primary address, where the person is staying, as required by
12.16 	subdivision 3a.  If the person has not registered with the law
12.17 	enforcement authority, the bureau shall send one copy to that
12.18 	authority.
12.19 	(d) The corrections agent or law enforcement authority may
12.20 	require that a person required to register under this section
12.21 	appear before the agent or authority to be photographed. The
12.22 	agent or authority shall require a person required to register
12.23 	under this section who is classified as a level III offender
12.24 	under section 244.052 to appear before the agent or authority at
12.25 	least every six months to be photographed.The agent or
12.26 	authority shall forward the photograph to the bureau ~~of Criminal~~
12.27 	~~Apprehension~~.
12.28 	(e) During the period a person is required to register
12.29 	under this section, the following ~~shall~~ provisions apply:
12.30 	(1) Except for persons registering under subdivision 3a,
12.31 	the bureau ~~of Criminal Apprehension~~ shall mail a verification
12.32 	form to the ~~last reported address of the~~ person's ~~residence~~ last
12.33 	reported primary address.  This verification form ~~shall~~ must 
12.34 	provide notice to the offender that, if the offender does not
12.35 	return the verification form as required, information about the
12.36 	offender may be made available to the public through electronic,
13.1 	computerized, or other accessible means. For persons who are
13.2 	registered under subdivision 3a, the bureau shall mail an annual
13.3 	verification form to the law enforcement authority where the
13.4 	offender most recently reported.  The authority shall provide
13.5 	the verification form to the person at the next weekly meeting
13.6 	and ensure that the person completes and signs the form and
13.7 	returns it to the bureau.
13.8 	(2) The person shall mail the signed verification form back
13.9 	to the bureau ~~of Criminal Apprehension~~ within ten days after
13.10 	receipt of the form, stating on the form the current and last
13.11 	address of the person's residence and the other information
13.12 	required under subdivision 4a.
13.13 	(3) In addition to the requirements listed in this section,
13.14 	a person who, under section 244.052, is assigned to risk level
13.15 	II or risk level III, and who is no longer under correctional
13.16 	supervision, shall have an annual in-person contact with the law
13.17 	enforcement authority in the area of the person's primary
13.18 	address or, if the person has no primary address, where the
13.19 	person is staying.  During the month of the person's birth date,
13.20 	the person shall report to the authority to verify the accuracy
13.21 	of the registration information and to be photographed.  Within
13.22 	three days of this contact, the authority shall enter
13.23 	information as required by the bureau into the predatory
13.24 	offender registration database and submit an updated photograph
13.25 	of the person to the bureau's predatory offender registration
13.26 	unit.  The authority may waive the photograph requirement for a
13.27 	person assigned to risk level III who has recently been
13.28 	photographed under paragraph (d).
13.29 	(4) If the person fails to mail the completed and signed
13.30 	verification form to the bureau ~~of Criminal Apprehension~~ within
13.31 	ten days after receipt of the form, or if the person fails to
13.32 	report to the law enforcement authority during the month of the
13.33 	person's birth date,the person ~~shall be~~ is in violation of this
13.34 	section.
13.35 	For persons required to register under subdivision ~~1~~ 1b,
13.36 	paragraph (c), following commitment pursuant to a court
14.1 	commitment under section 253B.185 or a similar law of another
14.2 	state or the United States, the bureau shall comply with clause
14.3 	(1) at least four times each year. For persons who under
14.4 	section 244.052 are assigned to risk level III and who are no
14.5 	longer under correctional supervision, the bureau shall comply
14.6 	with clause (1) at least two times each year.For all other
14.7 	persons required to register under this section, the bureau
14.8 	shall comply with clause (1) each year within 30 days of the
14.9 	anniversary date of the person's initial registration.
14.10 	(f) When sending out a verification form, the bureau ~~of~~
14.11 	~~Criminal Apprehension must~~ shall determine whether the person to
14.12 	whom the verification form is being sent has signed a written
14.13 	consent form as provided for in paragraph (a).  If the person
14.14 	has not signed such a consent form, the bureau ~~of Criminal~~
14.15 	~~Apprehension must~~ shall send a written consent form to the
14.16 	person along with the verification form.  A person who receives
14.17 	this written consent form ~~must~~ shall sign and return it to the
14.18 	bureau ~~of Criminal Apprehension~~ at the same time as the
14.19 	verification form.
14.20 	~~(g) For the purposes of this subdivision, "treatment~~
14.21 	~~facility" means a residential facility, as defined in section~~
14.22 	~~244.052, subdivision 1, and residential chemical dependency~~
14.23 	~~treatment programs and halfway houses licensed under chapter~~
14.24 	~~245A, including, but not limited to, those facilities directly~~
14.25 	~~or indirectly assisted by any department or agency of the United~~
14.26 	~~States.~~
14.27 		Subd. 4a.Information required to be provided. (a) ~~As~~
14.28 	~~used in this section:~~
14.29 	~~(1) "motor vehicle" has the meaning given "vehicle" in~~
14.30 	~~section 169.01, subdivision 2;~~
14.31 	~~(2) "primary residence" means any place where the person~~
14.32 	~~resides longer than 14 days or that is deemed a primary~~
14.33 	~~residence by a person's corrections agent, if one is assigned to~~
14.34 	~~the person; and~~ 
14.35 	~~(3) "secondary residence" means any place where the person~~
14.36 	~~regularly stays overnight when not staying at the person's~~
15.1 	~~primary residence, and includes, but is not limited to:~~
15.2 	~~(i) the person's parent's home if the person is a student~~
15.3 	~~and stays at the home at times when the person is not staying at~~
15.4 	~~school, including during the summer; and~~ 
15.5 	~~(ii) the home of someone with whom the person has a minor~~
15.6 	~~child in common where the child's custody is shared.~~
15.7 	~~(b)~~ A person required to register under this section shall
15.8 	provide to the corrections agent or law enforcement authority
15.9 	the following information:
15.10 	(1) the ~~address of the~~ person's primary ~~residence~~ address;
15.11 	(2) ~~the addresses of~~ all of the person's secondary
15.12 	~~residences~~ addresses in Minnesota, including all addresses used
15.13 	for residential or recreational purposes;
15.14 	(3) the addresses of all Minnesota property owned, leased,
15.15 	or rented by the person;
15.16 	(4) the addresses of all locations where the person is
15.17 	employed;
15.18 	(5) the addresses of all ~~residences~~ schools where the
15.19 	person ~~resides while attending school~~ is enrolled; and
15.20 	(6) the year, model, make, license plate number, and color
15.21 	of all motor vehicles owned or regularly driven by the person.
15.22 	~~(c)~~ (b) The person shall report to the agent or authority
15.23 	the information required to be provided under paragraph ~~(b)~~ (a),
15.24 	clauses (2) to (6), within five days of the date the clause
15.25 	becomes applicable.  If because of a change in circumstances any
15.26 	information reported under paragraph ~~(b)~~ (a), clauses (1) to
15.27 	(6), no longer applies, the person shall immediately inform the
15.28 	agent or authority that the information is no longer valid. If
15.29 	the person leaves a primary address and does not have a new
15.30 	primary address, the person shall register as provided in
15.31 	subdivision 3a.
15.32 		Subd. 5.Criminal penalty. (a) A person required to
15.33 	register under this section who knowingly violates any of its
15.34 	provisions or intentionally provides false information to a
15.35 	corrections agent, law enforcement authority, or the bureau ~~of~~
15.36 	~~Criminal Apprehension~~ is guilty of a felony and may be sentenced
16.1 	to imprisonment for not more than five years or to payment of a
16.2 	fine of not more than $10,000, or both.
16.3 	(b) Except as provided in paragraph (c), a person convicted
16.4 	of violating paragraph (a) shall be committed to the custody of
16.5 	the commissioner of corrections for not less than a year and a
16.6 	day, nor more than five years.
16.7 	(c) A person convicted of violating paragraph (a), who has
16.8 	previously been convicted of or adjudicated delinquent for
16.9 	violating this section, shall be committed to the custody of the
16.10 	commissioner of corrections for not less than two years, nor
16.11 	more than five years.
16.12 	(d) Prior to the time of sentencing, the prosecutor may
16.13 	file a motion to have the person sentenced without regard to the
16.14 	mandatory minimum sentence established by this subdivision.  The
16.15 	motion ~~shall~~ must be accompanied by a statement on the record of
16.16 	the reasons for it.  When presented with the motion, or on its
16.17 	own motion, the court may sentence the person without regard to
16.18 	the mandatory minimum sentence if the court finds substantial
16.19 	and compelling reasons to do so.  Sentencing a person in the
16.20 	manner described in this paragraph is a departure from the
16.21 	Sentencing Guidelines.
16.22 	(e) A person convicted and sentenced as required by this
16.23 	subdivision is not eligible for probation, parole, discharge,
16.24 	work release, or supervised release, until that person has
16.25 	served the full term of imprisonment as provided by law,
16.26 	notwithstanding the provisions of sections 241.26, 242.19,
16.27 	243.05, 244.04, 609.12, and 609.135.
16.28 		Subd. 6.Registration period. (a) Notwithstanding the
16.29 	provisions of section 609.165, subdivision 1, and except as
16.30 	provided in paragraphs (b), (c), and (d), a person required to
16.31 	register under this section shall continue to comply with this
16.32 	section until ten years have elapsed since the person initially
16.33 	registered in connection with the offense, or until the
16.34 	probation, supervised release, or conditional release period
16.35 	expires, whichever occurs later.  For a person required to
16.36 	register under this section who is committed under section
17.1 	253B.18 or 253B.185, the ten-year registration period does not
17.2 	include the period of commitment.
17.3 	(b) If a person required to register under this section
17.4 	fails to register following a change in ~~residence~~ the person's
17.5 	primary or secondary address, employment, school, or motor
17.6 	vehicle information; fails to report any property the person
17.7 	owns, leases, or rents; or fails to return the annual
17.8 	verification form within ten days, the commissioner of public
17.9 	safety may require the person to continue to register for an
17.10 	additional period of five years.  This five-year period is added
17.11 	to the end of the offender's registration period.
17.12 	(c) If a person required to register under this section is
17.13 	subsequently incarcerated following a conviction for a new
17.14 	offense or following a revocation of probation, supervised
17.15 	release, or conditional release for ~~that~~ any offense~~, or a~~
17.16 	~~conviction for any new offense~~, the person shall continue to
17.17 	register until ten years have elapsed since the person was last
17.18 	released from incarceration or until the person's probation,
17.19 	supervised release, or conditional release period expires,
17.20 	whichever occurs later.
17.21 	(d) A person shall continue to comply with this section for
17.22 	the life of that person:
17.23 	(1) if the person is convicted of or adjudicated delinquent
17.24 	for any offense for which registration is required under
17.25 	subdivision ~~1~~ 1b, or any offense from another state or any
17.26 	federal offense similar to the offenses described in subdivision
17.27 	~~1~~ 1b, and the person has a prior conviction or adjudication for
17.28 	an offense for which registration was or would have been
17.29 	required under subdivision ~~1~~ 1b, or an offense from another
17.30 	state or a federal offense similar to an offense described in
17.31 	subdivision ~~1~~ 1b;
17.32 	(2) if the person is required to register based upon a
17.33 	conviction or delinquency adjudication for an offense under
17.34 	section 609.185, clause (2), or a similar statute from another
17.35 	state or the United States;
17.36 	(3) if the person is required to register based upon a
18.1 	conviction for an offense under section 609.342, subdivision 1,
18.2 	paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
18.3 	1, paragraph (a), (c), (d), (e), (f), or (h); 609.344,
18.4 	subdivision 1, paragraph (a), (c), or (g); or 609.345,
18.5 	subdivision 1, paragraph (a), (c), or (g); or a statute from
18.6 	another state or the United States similar to the offenses
18.7 	described in this clause; or
18.8 	(4) if the person is required to register under subdivision
18.9 	~~1~~ 1b, paragraph (c), following commitment pursuant to a court
18.10 	commitment under section 253B.185 or a similar law of another
18.11 	state or the United States.
18.12 		Subd. 7.Use of information. Except as otherwise
18.13 	provided in subdivision 7a or sections 244.052 and 299C.093, the
18.14 	information provided under this section is private data on
18.15 	individuals under section 13.02, subdivision 12.  The
18.16 	information may be used only for law enforcement purposes.
18.17 		Subd. 7a.Availability of information on offenders who
18.18 	are out of compliance with registration law. (a) The bureau ~~of~~
18.19 	~~Criminal Apprehension~~ may make information available to the
18.20 	public about offenders who are 16 years of age or older and who
18.21 	are out of compliance with this section for 30 days or longer
18.22 	for failure to provide the ~~address of the~~ offenders' primary or
18.23 	secondary ~~residences~~ addresses.  This information may be made
18.24 	available to the public through electronic, computerized, or
18.25 	other accessible means.  The amount and type of information made
18.26 	available ~~shall be~~ is limited to the information necessary for
18.27 	the public to assist law enforcement in locating the offender.
18.28 	(b) An offender who comes into compliance with this section
18.29 	after the bureau ~~of Criminal Apprehension~~ discloses information
18.30 	about the offender to the public may send a written request to
18.31 	the bureau requesting the bureau to treat information about the
18.32 	offender as private data, consistent with subdivision 7.  The
18.33 	bureau shall review the request and promptly take reasonable
18.34 	action to treat the data as private, if the offender has
18.35 	complied with the requirement that the offender provide ~~the~~
18.36 	~~addresses of~~ the offender's primary and secondary
19.1 	~~residences~~ addresses, or promptly notify the offender that the
19.2 	information will continue to be treated as public information
19.3 	and the reasons for the bureau's decision.
19.4 	(c) If an offender believes the information made public
19.5 	about the offender is inaccurate or incomplete, the offender may
19.6 	challenge the data under section 13.04, subdivision 4.
19.7 	(d) The bureau ~~of Criminal Apprehension~~ is immune from any
19.8 	civil or criminal liability that might otherwise arise, based on
19.9 	the accuracy or completeness of any information made public
19.10 	under this subdivision, if the bureau acts in good faith.
19.11 		~~Subd. 8.Law enforcement authority.~~ ~~For purposes of this~~
19.12 	~~section, a law enforcement authority means, with respect to a~~
19.13 	~~home rule charter or statutory city, the chief of police, and~~
19.14 	~~with respect to an unincorporated area, the sheriff of the~~
19.15 	~~county.~~
19.16 		Subd. 9.Offenders from other states. When the state
19.17 	accepts an offender from another state under a reciprocal
19.18 	agreement under the interstate compact authorized by section
19.19 	243.16 or 243.1605,or under any authorized interstate
19.20 	agreement, the acceptance is conditional on the offender
19.21 	agreeing to register under this section when the offender is
19.22 	living in Minnesota.
19.23 		Subd. 10.Venue; aggregation. (a) A violation of this
19.24 	section may be prosecuted in any jurisdiction where an offense
19.25 	takes place.  However, the prosecutorial agency in the
19.26 	jurisdiction where the person last registered a primary address
19.27 	is initially responsible to review the case for prosecution.
19.28 	(b) When a person commits two or more offenses in two or
19.29 	more counties, the accused may be prosecuted for all of the
19.30 	offenses in any county in which one of the offenses was
19.31 	committed.
19.32 		Subd. 11.Certified copies as evidence. Certified copies
19.33 	of predatory offender registration records are admissible as
19.34 	substantive evidence when necessary to prove the commission of a
19.35 	violation of this section.
19.36 	
EFFECTIVE DATE. This section is effective August 1, 2005,
20.1 	and applies to persons subject to predatory offender
20.2 	registration on or after that date.

20.3 	Sec. 2. Minnesota Statutes 2004, section 243.167, is
20.4 	amended to read:
20.5 	243.167 REGISTRATION UNDER THE PREDATORY OFFENDER
20.6 	REGISTRATION LAW FOR OTHER OFFENSES.
20.7 		Subdivision 1.Definition. As used in this section,
20.8 	"crime against the person" means a violation of any of the
20.9 	following or a similar law of another state or of the United
20.10 	States:  section 609.165; 609.185; 609.19; 609.195; 609.20;
20.11 	609.205; 609.221; 609.222; 609.223; 609.2231;609.224,
20.12 	subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235;
20.13 	609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision
20.14 	2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23,
20.15 	subdivision 2; or any felony-level violation of section 609.229;
20.16 	609.377; 609.749; or 624.713.
20.17 		Subd. 2.When required. (a) In addition to the
20.18 	requirements of section 243.166, a person also shall register
20.19 	under section 243.166 if:
20.20 	(1) the person is convicted of a crime against the person;
20.21 	and
20.22 	(2) the person was previously convicted of or adjudicated
20.23 	delinquent for an offense listed in section 243.166, ~~subdivision~~
20.24 	~~1, paragraph (a),~~but was not required to register for the
20.25 	offense because the registration requirements of that section
20.26 	did not apply to the person at the time the offense was
20.27 	committed or at the time the person was released from
20.28 	imprisonment.
20.29 	(b) A person who was previously required to register ~~under~~
20.30 	~~section 243.166~~in any state and who has completed the
20.31 	registration requirements of that ~~section~~ state shall again
20.32 	register under section 243.166 if the person commits a crime
20.33 	against the person.
20.34 	
EFFECTIVE DATE. This section is effective August 1, 2005,
20.35 	and applies to crimes committed on or after that date.

20.36 	Sec. 3. Minnesota Statutes 2004, section 244.052,
21.1 	subdivision 3, is amended to read:
21.2 		Subd. 3.End-of-confinement review committee.  (a) The
21.3 	commissioner of corrections shall establish and administer
21.4 	end-of-confinement review committees at each state correctional
21.5 	facility and at each state treatment facility where predatory
21.6 	offenders are confined.  The committees shall assess on a
21.7 	case-by-case basis the public risk posed by predatory offenders
21.8 	who are about to be released from confinement.
21.9 	(b) Each committee shall be a standing committee and shall
21.10 	consist of the following members appointed by the commissioner:
21.11 	(1) the chief executive officer or head of the correctional
21.12 	or treatment facility where the offender is currently confined,
21.13 	or that person's designee;
21.14 	(2) a law enforcement officer;
21.15 	(3) a treatment professional who is trained in the
21.16 	assessment of sex offenders;
21.17 	(4) a caseworker experienced in supervising sex offenders;
21.18 	and
21.19 	(5) a victim's services professional.
21.20 	Members of the committee, other than the facility's chief
21.21 	executive officer or head, shall be appointed by the
21.22 	commissioner to two-year terms.  The chief executive officer or
21.23 	head of the facility or designee shall act as chair of the
21.24 	committee and shall use the facility's staff, as needed, to
21.25 	administer the committee, obtain necessary information from
21.26 	outside sources, and prepare risk assessment reports on
21.27 	offenders.
21.28 	(c) The committee shall have access to the following data
21.29 	on a predatory offender only for the purposes of its assessment
21.30 	and to defend the committee's risk assessment determination upon
21.31 	administrative review under this section:
21.32 	(1) private medical data under section 13.384 or 144.335,
21.33 	or welfare data under section 13.46 that relate to medical
21.34 	treatment of the offender;
21.35 	(2) private and confidential court services data under
21.36 	section 13.84;
22.1 	(3) private and confidential corrections data under section
22.2 	13.85; and
22.3 	(4) private criminal history data under section 13.87.
22.4 	Data collected and maintained by the committee under this
22.5 	paragraph may not be disclosed outside the committee, except as
22.6 	provided under section 13.05, subdivision 3 or 4.  The predatory
22.7 	offender has access to data on the offender collected and
22.8 	maintained by the committee, unless the data are confidential
22.9 	data received under this paragraph.
22.10 	(d)(i) Except as otherwise provided in item (ii), at least
22.11 	90 days before a predatory offender is to be released from
22.12 	confinement, the commissioner of corrections shall convene the
22.13 	appropriate end-of-confinement review committee for the purpose
22.14 	of assessing the risk presented by the offender and determining
22.15 	the risk level to which the offender shall be assigned under
22.16 	paragraph (e).  The offender and the law enforcement agency that
22.17 	was responsible for the charge resulting in confinement shall be
22.18 	notified of the time and place of the committee's meeting.  The
22.19 	offender has a right to be present and be heard at the meeting.
22.20 	The law enforcement agency may provide material in writing that
22.21 	is relevant to the offender's risk level to the chair of the
22.22 	committee.  The committee shall use the risk factors described
22.23 	in paragraph (g) and the risk assessment scale developed under
22.24 	subdivision 2 to determine the offender's risk assessment score
22.25 	and risk level.  Offenders scheduled for release from
22.26 	confinement shall be assessed by the committee established at
22.27 	the facility from which the offender is to be released.
22.28 	(ii) If an offender is received for confinement in a
22.29 	facility with less than 90 days remaining in the offender's term
22.30 	of confinement, the offender's risk shall be assessed at the
22.31 	first regularly scheduled end of confinement review committee
22.32 	that convenes after the appropriate documentation for the risk
22.33 	assessment is assembled by the committee.  The commissioner
22.34 	shall make reasonable efforts to ensure that offender's risk is
22.35 	assessed and a risk level is assigned or reassigned at least 30
22.36 	days before the offender's release date.
23.1 	(e) The committee shall assign to risk level I a predatory
23.2 	offender whose risk assessment score indicates a low risk of
23.3 	reoffense.  The committee shall assign to risk level II an
23.4 	offender whose risk assessment score indicates a moderate risk
23.5 	of reoffense.  The committee shall assign to risk level III an
23.6 	offender whose risk assessment score indicates a high risk of
23.7 	reoffense.
23.8 	(f) Before the predatory offender is released from
23.9 	confinement, the committee shall prepare a risk assessment
23.10 	report which specifies the risk level to which the offender has
23.11 	been assigned and the reasons underlying the committee's risk
23.12 	assessment decision.  The committee shall give the report to the
23.13 	offender and to the law enforcement agency at least 60 days
23.14 	before an offender is released from confinement.  If the risk
23.15 	assessment is performed under the circumstances described in
23.16 	paragraph (d), item (ii), the report shall be given to the
23.17 	offender and the law enforcement agency as soon as it is
23.18 	available.  The committee also shall inform the offender of the
23.19 	availability of review under subdivision 6.
23.20 	(g) As used in this subdivision, "risk factors" includes,
23.21 	but is not limited to, the following factors:
23.22 	(1) the seriousness of the offense should the offender
23.23 	reoffend.  This factor includes consideration of the following:
23.24 	(i) the degree of likely force or harm;
23.25 	(ii) the degree of likely physical contact; and
23.26 	(iii) the age of the likely victim;
23.27 	(2) the offender's prior offense history.  This factor
23.28 	includes consideration of the following:
23.29 	(i) the relationship of prior victims to the offender;
23.30 	(ii) the number of prior offenses or victims;
23.31 	(iii) the duration of the offender's prior offense history;
23.32 	(iv) the length of time since the offender's last prior
23.33 	offense while the offender was at risk to commit offenses; and
23.34 	(v) the offender's prior history of other antisocial acts;
23.35 	(3) the offender's characteristics.  This factor includes
23.36 	consideration of the following:
24.1 	(i) the offender's response to prior treatment efforts; and
24.2 	(ii) the offender's history of substance abuse;
24.3 	(4) the availability of community supports to the offender.
24.4 	This factor includes consideration of the following:
24.5 	(i) the availability and likelihood that the offender will
24.6 	be involved in therapeutic treatment;
24.7 	(ii) the availability of residential supports to the
24.8 	offender, such as a stable and supervised living arrangement in
24.9 	an appropriate location;
24.10 	(iii) the offender's familial and social relationships,
24.11 	including the nature and length of these relationships and the
24.12 	level of support that the offender may receive from these
24.13 	persons; and
24.14 	(iv) the offender's lack of education or employment
24.15 	stability;
24.16 	(5) whether the offender has indicated or credible evidence
24.17 	in the record indicates that the offender will reoffend if
24.18 	released into the community; and
24.19 	(6) whether the offender demonstrates a physical condition
24.20 	that minimizes the risk of reoffense, including but not limited
24.21 	to, advanced age or a debilitating illness or physical condition.
24.22 	(h) Upon the request of the law enforcement agency or the
24.23 	offender's corrections agent, the commissioner may reconvene the
24.24 	end-of-confinement review committee for the purpose of
24.25 	reassessing the risk level to which an offender has been
24.26 	assigned under paragraph (e).  In a request for a reassessment,
24.27 	the law enforcement agency which was responsible for the charge
24.28 	resulting in confinement or agent shall list the facts and
24.29 	circumstances arising after the initial assignment or facts and
24.30 	circumstances known to law enforcement or the agent but not
24.31 	considered by the committee under paragraph (e) which support
24.32 	the request for a reassessment.  The request for reassessment by
24.33 	the law enforcement agency must occur within 30 days of receipt
24.34 	of the report indicating the offender's risk level assignment.
24.35 	The offender's corrections agent, in consultation with the chief
24.36 	law enforcement officer in the area where the offender resides
25.1 	or intends to reside, may request a review of a risk level at
25.2 	any time if substantial evidence exists that the offender's risk
25.3 	level should be reviewed by an end-of-confinement review
25.4 	committee.  This evidence includes, but is not limited to,
25.5 	evidence of treatment failures or completions, evidence of
25.6 	exceptional crime-free community adjustment or lack of
25.7 	appropriate adjustment, evidence of substantial community need
25.8 	to know more about the offender or mitigating circumstances that
25.9 	would narrow the proposed scope of notification, or other
25.10 	practical situations articulated and based in evidence of the
25.11 	offender's behavior while under supervision.  Upon review of the
25.12 	request, the end-of-confinement review committee may reassign an
25.13 	offender to a different risk level.  If the offender is
25.14 	reassigned to a higher risk level, the offender has the right to
25.15 	seek review of the committee's determination under subdivision 6.
25.16 	(i) An offender may request the end-of-confinement review
25.17 	committee to reassess the offender's assigned risk level after
25.18 	three years have elapsed since the committee's initial risk
25.19 	assessment and may renew the request once every two years
25.20 	following subsequent denials.  In a request for reassessment,
25.21 	the offender shall list the facts and circumstances which
25.22 	demonstrate that the offender no longer poses the same degree of
25.23 	risk to the community.  In order for a request for a risk level
25.24 	reduction to be granted, the offender must demonstrate full
25.25 	compliance with supervised release conditions, completion of
25.26 	required post-release treatment programming, and full compliance
25.27 	with all registration requirements as detailed in section
25.28 	243.166.  The offender must also not have been convicted of any
25.29 	felony, gross misdemeanor, or misdemeanor offenses subsequent to
25.30 	the assignment of the original risk level.  The committee shall
25.31 	follow the process outlined in paragraphs (a) to (c) in the
25.32 	reassessment.  An offender who is incarcerated may not request a
25.33 	reassessment under this paragraph.
25.34 	(j) Offenders returned to prison as release violators shall
25.35 	not have a right to a subsequent risk reassessment by the
25.36 	end-of-confinement review committee unless substantial evidence
26.1 	indicates that the offender's risk to the public has increased.
26.2 	(k) The commissioner shall establish an end-of-confinement
26.3 	review committee to assign a risk level to offenders who:
26.4 	(1) are released from ~~a~~ any federal correctional facility
26.5 	~~in Minnesota~~ or from any state correctional facility of another
26.6 	state,and who intend to reside in Minnesota~~, and to offenders~~ ;
26.7 	or 
26.8 	(2) are accepted from another state under a reciprocal
26.9 	agreement for parole supervision under the interstate compact
26.10 	authorized by section 243.16or 243.1605.
26.11 	The committee shall make reasonable efforts to conform to the
26.12 	same timelines as applied to Minnesota cases.  Offenders
26.13 	accepted from another state under a reciprocal agreement for
26.14 	probation supervision are not assigned a risk level, but are
26.15 	considered downward dispositional departures.  The probation or
26.16 	court services officer and law enforcement officer shall manage
26.17 	such cases in accordance with section 244.10, subdivision 2a.
26.18 	The policies and procedures of the committee for federal
26.19 	offenders and interstate compact cases must be in accordance
26.20 	with all requirements as set forth in this section, unless
26.21 	restrictions caused by the nature of federal or interstate
26.22 	transfers prevents such conformance.
26.23 	(l) If the committee assigns a predatory offender to risk
26.24 	level III, the committee shall determine whether residency
26.25 	restrictions shall be included in the conditions of the
26.26 	offender's release based on the offender's pattern of offending
26.27 	behavior.
26.28 	
EFFECTIVE DATE. This section is effective August 1, 2005,
26.29 	and applies to offenders entering the state, released from
26.30 	confinement, subject to community notification, or sentenced on
26.31 	or after that date.

26.32 	Sec. 4. Minnesota Statutes 2004, section 244.052, is
26.33 	amended by adding a subdivision to read:
26.34 		Subd. 3a.Out-of-state offenders; notification
26.35 	authorized. (a) This subdivision applies to offenders who move
26.36 	or have moved to Minnesota from other states and who:
27.1 	(1) at the time of the move are subject to a community
27.2 	notification statute similar to this section in the state from
27.3 	which the offender is moving; and 
27.4 	(2) are not assigned a risk level under subdivision 3,
27.5 	paragraph (k).
27.6 	(b) The law enforcement agency in the area where an
27.7 	offender described in paragraph (a) resides, expects to reside,
27.8 	or is regularly found, may disclose information regarding the
27.9 	offender consistent with subdivision 4, paragraph (a).  The
27.10 	extent of the notification must be consistent with the
27.11 	notification made about the offender in the state from which the
27.12 	offender is moving or has moved.  However, the extent of the
27.13 	notification may not exceed that of a risk level II offender
27.14 	under subdivision 4, paragraph (b), unless the requirements of
27.15 	paragraph (c) have been met.  Except as otherwise provided in
27.16 	this subdivision and unless clearly inapplicable, the provisions
27.17 	of subdivision 4 apply to notifications made under this
27.18 	paragraph.
27.19 	(c) If the notification made concerning the offender in the
27.20 	state from which the offender is moving or has moved is broader
27.21 	than that authorized for a level II offender under subdivision
27.22 	4, paragraph (b), and the agency wants to make a broader
27.23 	disclosure, the agency may request the end of confinement review
27.24 	committee at the nearest state correctional or treatment
27.25 	facility to assign a risk level to the offender.  The agency
27.26 	shall provide to the committee all information concerning the
27.27 	offender's criminal history, the risk the offender poses to the
27.28 	community, and other relevant information.  In addition, the
27.29 	committee shall attempt to obtain other information relevant to
27.30 	determining which risk level to assign the offender.  Except as
27.31 	provided in this subdivision and unless clearly inapplicable,
27.32 	the provisions of subdivision 3 govern the risk assessment under
27.33 	this paragraph.  If the committee assigns the offender to risk
27.34 	level III, the agency may disclose information in a manner
27.35 	consistent with a level III offender under subdivision 4,
27.36 	paragraph (b).
28.1 	
EFFECTIVE DATE. This section is effective August 1, 2005,
28.2 	and applies to offenders entering the state, released from
28.3 	confinement, subject to community notification, or sentenced on
28.4 	or after that date.

28.5 	Sec. 5. Minnesota Statutes 2004, section 244.052,
28.6 	subdivision 4, is amended to read:
28.7 		Subd. 4.Law enforcement agency; disclosure of
28.8 	information to public.  (a) The law enforcement agency in the
28.9 	area where the predatory offender resides, expects to reside, is
28.10 	employed, or is regularly found, shall disclose to the public
28.11 	any information regarding the offender contained in the report
28.12 	forwarded to the agency under subdivision 3, paragraph (f), that
28.13 	is relevant and necessary to protect the public and to
28.14 	counteract the offender's dangerousness, consistent with the
28.15 	guidelines in paragraph (b).  The extent of the information
28.16 	disclosed and the community to whom disclosure is made must
28.17 	relate to the level of danger posed by the offender, to the
28.18 	offender's pattern of offending behavior, and to the need of
28.19 	community members for information to enhance their individual
28.20 	and collective safety.
28.21 	(b) The law enforcement agency shall employ the following
28.22 	guidelines in determining the scope of disclosure made under
28.23 	this subdivision:
28.24 	(1) if the offender is assigned to risk level I, the agency
28.25 	may maintain information regarding the offender within the
28.26 	agency and may disclose it to other law enforcement agencies.
28.27 	Additionally, the agency may disclose the information to any
28.28 	victims of or witnesses to the offense committed by the
28.29 	offender. The agency shall disclose the information to victims
28.30 	of the offense committed by the offender who have requested
28.31 	disclosure and to adult members of the offender's immediate
28.32 	household;
28.33 	(2) if the offender is assigned to risk level II, the
28.34 	agency also may disclose the information to agencies and groups
28.35 	that the offender is likely to encounter for the purpose of
28.36 	securing those institutions and protecting individuals in their
29.1 	care while they are on or near the premises of the institution.
29.2 	These agencies and groups include the staff members of public
29.3 	and private educational institutions, day care establishments,
29.4 	and establishments and organizations that primarily serve
29.5 	individuals likely to be victimized by the offender.  The agency
29.6 	also may disclose the information to individuals the agency
29.7 	believes are likely to be victimized by the offender.  The
29.8 	agency's belief shall be based on the offender's pattern of
29.9 	offending or victim preference as documented in the information
29.10 	provided by the department of corrections or human services;
29.11 	(3) if the offender is assigned to risk level III, the
29.12 	agency shall disclose the information to the persons and
29.13 	entities described in clauses (1) and (2) and to other members
29.14 	of the community whom the offender is likely to encounter,
29.15 	unless the law enforcement agency determines that public safety
29.16 	would be compromised by the disclosure or that a more limited
29.17 	disclosure is necessary to protect the identity of the victim.
29.18 	Notwithstanding the assignment of a predatory offender to
29.19 	risk level II or III, a law enforcement agency may not make the
29.20 	disclosures permitted or required by clause (2) or (3), if:  the
29.21 	offender is placed or resides in a residential facility.
29.22 	However, if an offender is placed or resides in a residential
29.23 	facility, the offender and the head of the facility shall
29.24 	designate the offender's likely residence upon release from the
29.25 	facility and the head of the facility shall notify the
29.26 	commissioner of corrections or the commissioner of human
29.27 	services of the offender's likely residence at least 14 days
29.28 	before the offender's scheduled release date.  The commissioner
29.29 	shall give this information to the law enforcement agency having
29.30 	jurisdiction over the offender's likely residence.  The head of
29.31 	the residential facility also shall notify the commissioner of
29.32 	corrections or human services within 48 hours after finalizing
29.33 	the offender's approved relocation plan to a permanent
29.34 	residence.  Within five days after receiving this notification,
29.35 	the appropriate commissioner shall give to the appropriate law
29.36 	enforcement agency all relevant information the commissioner has
30.1 	concerning the offender, including information on the risk
30.2 	factors in the offender's history and the risk level to which
30.3 	the offender was assigned.  After receiving this information,
30.4 	the law enforcement agency shall make the disclosures permitted
30.5 	or required by clause (2) or (3), as appropriate.
30.6 	(c) As used in paragraph (b), clauses (2) and (3), "likely
30.7 	to encounter" means that:
30.8 	(1) the organizations or community members are in a
30.9 	location or in close proximity to a location where the offender
30.10 	lives or is employed, or which the offender visits or is likely
30.11 	to visit on a regular basis, other than the location of the
30.12 	offender's outpatient treatment program; and
30.13 	(2) the types of interaction which ordinarily occur at that
30.14 	location and other circumstances indicate that contact with the
30.15 	offender is reasonably certain.
30.16 	(d) A law enforcement agency or official who discloses
30.17 	information under this subdivision shall make a good faith
30.18 	effort to make the notification within 14 days of receipt of a
30.19 	confirmed address from the Department of Corrections indicating
30.20 	that the offender will be, or has been, released from
30.21 	confinement, or accepted for supervision, or has moved to a new
30.22 	address and will reside at the address indicated.  If a change
30.23 	occurs in the release plan, this notification provision does not
30.24 	require an extension of the release date.
30.25 	(e) A law enforcement agency or official who discloses
30.26 	information under this subdivision shall not disclose the
30.27 	identity or any identifying characteristics of the victims of or
30.28 	witnesses to the offender's offenses.
30.29 	(f) A law enforcement agency shall continue to disclose
30.30 	information on an offender as required by this subdivision for
30.31 	as long as the offender is required to register under section
30.32 	243.166. This requirement on a law enforcement agency to
30.33 	continue to disclose information also applies to an offender who
30.34 	lacks a primary address and is registering under section
30.35 	243.166, subdivision 3a.
30.36 	(g) A law enforcement agency that is disclosing information
31.1 	on an offender assigned to risk level III to the public under
31.2 	this subdivision shall inform the commissioner of corrections
31.3 	what information is being disclosed and forward this information
31.4 	to the commissioner within two days of the agency's
31.5 	determination.  The commissioner shall post this information on
31.6 	the Internet as required in subdivision 4b.
31.7 	(h) A city council may adopt a policy that addresses when
31.8 	information disclosed under this subdivision must be presented
31.9 	in languages in addition to English.  The policy may address
31.10 	when information must be presented orally, in writing, or both
31.11 	in additional languages by the law enforcement agency disclosing
31.12 	the information.  The policy may provide for different
31.13 	approaches based on the prevalence of non-English languages in
31.14 	different neighborhoods.
31.15 	
EFFECTIVE DATE. This section is effective August 1, 2005,
31.16 	and applies to offenders entering the state, released from
31.17 	confinement, subject to community notification, or sentenced on
31.18 	or after that date.

31.19 	Sec. 6. Minnesota Statutes 2004, section 244.10,
31.20 	subdivision 2a, is amended to read:
31.21 		Subd. 2a.Notice of information regarding predatory
31.22 	offenders.  (a) Subject to paragraph (b), in any case in which a
31.23 	person is convicted of an offense and the presumptive sentence
31.24 	under the Sentencing Guidelines is commitment to the custody of
31.25 	the commissioner of corrections, if the court grants a
31.26 	dispositional departure and stays imposition or execution of
31.27 	sentence, the probation or court services officer who is
31.28 	assigned to supervise the offender shall provide in writing to
31.29 	the following the fact that the offender is on probation and the
31.30 	terms and conditions of probation:
31.31 	(1) a victim of and any witnesses to the offense committed
31.32 	by the offender, if the victim or the witness has requested
31.33 	notice; and
31.34 	(2) the chief law enforcement officer in the area where the
31.35 	offender resides or intends to reside.
31.36 	The law enforcement officer, in consultation with the
32.1 	offender's probation officer, may provide all or part of this
32.2 	information to any of the following agencies or groups the
32.3 	offender is likely to encounter:  public and private educational
32.4 	institutions, day care establishments, and establishments or
32.5 	organizations that primarily serve individuals likely to be
32.6 	victimized by the offender. The law enforcement officer, in
32.7 	consultation with the offender's probation officer, also may
32.8 	disclose the information to individuals the officer believes are
32.9 	likely to be victimized by the offender.  The officer's belief
32.10 	shall be based on the offender's pattern of offending or victim
32.11 	preference as documented in the information provided by the
32.12 	Department of Corrections or Department of Human Services.
32.13 	The probation officer is not required under this
32.14 	subdivision to provide any notice while the offender is placed
32.15 	or resides in a residential facility that is licensed under
32.16 	section 245A.02, subdivision 14, or 241.021, if the facility
32.17 	staff is trained in the supervision of sex offenders.
32.18 	(b) Paragraph (a) applies only to offenders required to
32.19 	register under section 243.166, as a result of the conviction.
32.20 	(c) The notice authorized by paragraph (a) shall be limited
32.21 	to data classified as public under section 13.84, subdivision 6,
32.22 	unless the offender provides informed consent to authorize the
32.23 	release of nonpublic data or unless a court order authorizes the
32.24 	release of nonpublic data.
32.25 	(d) Nothing in this subdivision shall be interpreted to
32.26 	impose a duty on any person to use any information regarding an
32.27 	offender about whom notification is made under this subdivision.
32.28 	
EFFECTIVE DATE. This section is effective August 1, 2005,
32.29 	and applies to offenders entering the state, released from
32.30 	confinement, subject to community notification, or sentenced on
32.31 	or after that date.

32.32 	Sec. 7. REVISOR INSTRUCTION.
 32.33 	The revisor of statutes shall change all references to
32.34 	section 243.166, subdivision 1, in Minnesota Statutes to section
32.35 	243.166.  In addition, the revisor shall make other technical
32.36 	changes necessitated by this article.

33.1 	EFFECTIVE DATE. This section is effective August 1, 2005.

33.2 	Sec. 8. REPEALER.
 33.3 	Minnesota Statutes 2004, section 243.166, subdivisions 1
33.4 	and 8, are repealed.

33.5 	EFFECTIVE DATE. This section is effective August 1, 2005.