SF 1994

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 11:32am

A bill for an act
relating to public safety; requiring community notification when a person is
released from the Minnesota sex offender program; amending Minnesota Statutes
2011 Supplement, section 253B.185, subdivision 10a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2011 Supplement, section 253B.185, subdivision 10a,
is amended to read:

Subd. 10a.

Scope of community notification.

(a) Notification of the public and
disclosure of information under section 244.052, subdivision 4, regarding an individual
who was committed under this section or Minnesota Statutes 1992, section 526.10, is as
provided under section 244.052, subdivision 4, paragraphs (b), clause (3), and (g), and
subdivision 4b, regardless of the individual's assigned risk level. new text begin The restrictions under
section 244.052, subdivision 4, paragraph (b), clause (3), placed on disclosing information
on individuals living in residential facilities do not apply to persons committed under this
section or Minnesota Statutes 1992, section 526.10. The local law enforcement agency
may proceed with the broadest disclosure authorized under section 244.052, subdivision 4.
new text end

(b) After four years from the date of an order for provisional discharge or discharge
of civil commitment, the individual may petition the head of the treatment facility from
which the individual was provisionally discharged or discharged to have the scope of
notification and disclosure based solely upon the individual's assigned risk level under
section 244.052.

(c) If an individual's provisional discharge is revoked for any reason, the four-year
time period under paragraph (b) starts over from the date of a subsequent order for
provisional discharge or discharge except that the head of the treatment facility or
designee may, in the sole discretion of the head or designee, determine that the individual
may petition before four years have elapsed from the date of the order of the subsequent
provisional discharge or discharge and notify the individual of that determination.

(d) The head of the treatment facility shall appoint a multidisciplinary committee to
review and make a recommendation on a petition made under paragraph (b). The head
of the treatment facility or designee may grant or deny the petition. There is no review
or appeal of the decision. If a petition is denied, the individual may petition again after
two years from the date of denial.

(e) Nothing in this subdivision shall be construed to give an individual an affirmative
right to petition the head of the treatment facility earlier than four years after the date of an
order for provisional discharge or discharge.

(f) The head of the treatment facility shall act in place of the individual's corrections
agent for the purpose of section 244.052, subdivision 3, paragraph (h), when the individual
is not assigned to a corrections agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end