1.1 	A bill for an act
1.2 	relating to public safety; requiring the Department of Corrections to reimburse 
1.3 	police departments for the cost of predatory offender community notification 
1.4 	hearings;amending Minnesota Statutes 2006, section 244.052, subdivision 4.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2006, section 244.052, subdivision 4, is amended to read:
1.7 		Subd. 4.Law enforcement agency; disclosure of information to public. (a) 
1.8 	The law enforcement agency in the area where the predatory offender resides, expects 
1.9 	to reside, is employed, or is regularly found, shall disclose to the public any information 
1.10 	regarding the offender contained in the report forwarded to the agency under subdivision 
1.11 	3, paragraph (f), that is relevant and necessary to protect the public and to counteract the 
1.12 	offender's dangerousness, consistent with the guidelines in paragraph (b). The extent of 
1.13 	the information disclosed and the community to whom disclosure is made must relate to 
1.14 	the level of danger posed by the offender, to the offender's pattern of offending behavior, 
1.15 	and to the need of community members for information to enhance their individual and 
1.16 	collective safety.
1.17 	(b) The law enforcement agency shall employ the following guidelines in 
1.18 	determining the scope of disclosure made under this subdivision:
1.19 	(1) if the offender is assigned to risk level I, the agency may maintain information 
1.20 	regarding the offender within the agency and may disclose it to other law enforcement 
1.21 	agencies. Additionally, the agency may disclose the information to any victims of or 
1.22 	witnesses to the offense committed by the offender. The agency shall disclose the 
1.23 	information to victims of the offense committed by the offender who have requested 
1.24 	disclosure and to adult members of the offender's immediate household;
2.1 	(2) if the offender is assigned to risk level II, the agency also may disclose the 
2.2 	information to agencies and groups that the offender is likely to encounter for the purpose 
2.3 	of securing those institutions and protecting individuals in their care while they are on or 
2.4 	near the premises of the institution. These agencies and groups include the staff members 
2.5 	of public and private educational institutions, day care establishments, and establishments 
2.6 	and organizations that primarily serve individuals likely to be victimized by the offender. 
2.7 	The agency also may disclose the information to individuals the agency believes are likely 
2.8 	to be victimized by the offender. The agency's belief shall be based on the offender's 
2.9 	pattern of offending or victim preference as documented in the information provided by 
2.10 	the department of corrections or human services;
2.11 	(3) if the offender is assigned to risk level III, the agency shall disclose the 
2.12 	information to the persons and entities described in clauses (1) and (2) and to other 
2.13 	members of the community whom the offender is likely to encounter, unless the law 
2.14 	enforcement agency determines that public safety would be compromised by the disclosure 
2.15 	or that a more limited disclosure is necessary to protect the identity of the victim.
2.16 	Notwithstanding the assignment of a predatory offender to risk level II or III, a law 
2.17 	enforcement agency may not make the disclosures permitted or required by clause (2) or 
2.18 	(3), if: the offender is placed or resides in a residential facility. However, if an offender is 
2.19 	placed or resides in a residential facility, the offender and the head of the facility shall 
2.20 	designate the offender's likely residence upon release from the facility and the head of 
2.21 	the facility shall notify the commissioner of corrections or the commissioner of human 
2.22 	services of the offender's likely residence at least 14 days before the offender's scheduled 
2.23 	release date. The commissioner shall give this information to the law enforcement agency 
2.24 	having jurisdiction over the offender's likely residence. The head of the residential facility 
2.25 	also shall notify the commissioner of corrections or human services within 48 hours 
2.26 	after finalizing the offender's approved relocation plan to a permanent residence. Within 
2.27 	five days after receiving this notification, the appropriate commissioner shall give to 
2.28 	the appropriate law enforcement agency all relevant information the commissioner has 
2.29 	concerning the offender, including information on the risk factors in the offender's history 
2.30 	and the risk level to which the offender was assigned. After receiving this information, 
2.31 	the law enforcement agency shall make the disclosures permitted or required by clause 
2.32 	(2) or (3), as appropriate.
2.33 	(c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:
2.34 	(1) the organizations or community members are in a location or in close proximity 
2.35 	to a location where the offender lives or is employed, or which the offender visits or 
3.1 	is likely to visit on a regular basis, other than the location of the offender's outpatient 
3.2 	treatment program; and
3.3 	(2) the types of interaction which ordinarily occur at that location and other 
3.4 	circumstances indicate that contact with the offender is reasonably certain.
3.5 	(d) A law enforcement agency or official who discloses information under this 
3.6 	subdivision shall make a good faith effort to make the notification within 14 days of receipt 
3.7 	of a confirmed address from the Department of Corrections indicating that the offender 
3.8 	will be, or has been, released from confinement, or accepted for supervision, or has moved 
3.9 	to a new address and will reside at the address indicated. If a change occurs in the release 
3.10 	plan, this notification provision does not require an extension of the release date.
3.11 	(e) A law enforcement agency or official who discloses information under this 
3.12 	subdivision shall not disclose the identity or any identifying characteristics of the victims 
3.13 	of or witnesses to the offender's offenses.
3.14 	(f) A law enforcement agency shall continue to disclose information on an offender 
3.15 	as required by this subdivision for as long as the offender is required to register under 
3.16 	section 243.166. This requirement on a law enforcement agency to continue to disclose 
3.17 	information also applies to an offender who lacks a primary address and is registering 
3.18 	under section 243.166, subdivision 3a.
3.19 	(g) A law enforcement agency that is disclosing information on an offender assigned 
3.20 	to risk level III to the public under this subdivision shall inform the commissioner of 
3.21 	corrections what information is being disclosed and forward this information to the 
3.22 	commissioner within two days of the agency's determination. The commissioner shall 
3.23 	post this information on the Internet as required in subdivision 4b. On a form provided 
3.24 	by the commissioner, the law enforcement agency shall also submit an invoice to the 
3.25 	commissioner that details the expense of performing the community notification. Within 
3.26 	60 days of receiving an invoice under this paragraph, the commissioner shall reimburse 
3.27 	the law enforcement agency for all costs incurred in complying with the community 
3.28 	notification requirements in this section.
3.29 	(h) A city council may adopt a policy that addresses when information disclosed 
3.30 	under this subdivision must be presented in languages in addition to English. The policy 
3.31 	may address when information must be presented orally, in writing, or both in additional 
3.32 	languages by the law enforcement agency disclosing the information. The policy may 
3.33 	provide for different approaches based on the prevalence of non-English languages in 
3.34 	different neighborhoods.
3.35 	(i) An offender who is the subject of a community notification meeting held pursuant 
3.36 	to this section may not attend the meeting.
4.1 	(j) When a school, day care facility, or other entity or program that primarily 
4.2 	educates or serves children receives notice under paragraph (b), clause (3), that a level III 
4.3 	predatory offender resides or works in the surrounding community, notice to parents must 
4.4 	be made as provided in this paragraph. If the predatory offender identified in the notice is 
4.5 	participating in programs offered by the facility that require or allow the person to interact 
4.6 	with children other than the person's children, the principal or head of the entity must 
4.7 	notify parents with children at the facility of the contents of the notice received pursuant 
4.8 	to this section. The immunity provisions of subdivision 7 apply to persons disclosing 
4.9 	information under this paragraph.

4.10 	EFFECTIVE DATE. This section is effective July 1, 2008.