1997 Minnesota Statutes

     244.052 Sex offenders; notice. 

    Subdivision 1.    Definitions.  As used in this section: 

    (1) "accepted for supervision" means accepted from another 
 state under a reciprocal agreement under the interstate compact 
 authorized by section 243.16; 

    (2) "confinement" means confinement in a state correctional 
 facility or a state treatment facility; 

    (3) "law enforcement agency" means the law enforcement 
 agency having primary jurisdiction over the location where the 
 offender expects to reside upon release; and 

    (4) "sex offender" and "offender" mean a person who has 
 been convicted of an offense for which registration under 
 section 243.166 is required or a person who has been committed 
 pursuant to a court commitment order under section 253B.185 or 
 Minnesota Statutes 1992, section 526.10, regardless of whether 
 the person was convicted of any offense. 

    Subd. 2.    Risk assessment scale.  By January 1, 1997, 
 the commissioner of corrections shall develop a risk assessment 
 scale which assigns weights to the various risk factors listed 
 in subdivision 3, paragraph (g), and specifies the risk level to 
 which offenders with various risk assessment scores shall be 
 assigned.  In developing this scale, the commissioner shall 
 consult with county attorneys, treatment professionals, law 
 enforcement officials, and probation officers. 

    Subd. 3.    End-of-confinement review committee.  (a) 
 The commissioner of corrections shall establish and administer 
 end-of-confinement review committees at each state correctional 
 facility and at each state treatment facility where sex 
 offenders are confined.  The committees shall assess on a 
 case-by-case basis: 

    (1) the public risk posed by sex offenders who are about to 
 be released from confinement; and 

    (2) the public risk posed by sex offenders who are accepted 
 from another state under a reciprocal agreement under the 
 interstate compact authorized by section 243.16.  

    (b) Each committee shall be a standing committee and shall 
 consist of the following members appointed by the commissioner: 

    (1) the chief executive officer or head of the correctional 
 or treatment facility where the offender is currently confined, 
 or that person's designee; 

    (2) a law enforcement officer; 

    (3) a treatment professional who is trained in the 
 assessment of sex offenders; 

    (4) a caseworker experienced in supervising sex offenders; 
 and 

    (5) an employee of the department of corrections from the 
 victim's services unit. 

    Members of the committee, other than the facility's chief 
 executive officer or head, shall be appointed by the 
 commissioner to two-year terms.  The chief executive officer or 
 head of the facility or designee shall act as chair of the 
 committee and shall use the facility's staff, as needed, to 
 administer the committee, obtain necessary information from 
 outside sources, and prepare risk assessment reports on 
 offenders. 

    (c) The committee shall have access to the following data 
 on a sex offender only for the purposes of its assessment and to 
 defend the committee's risk assessment determination upon 
 administrative review under this section: 

    (1) private medical data under section 13.42 or 144.335, or 
 welfare data under section 13.46 that relate to medical 
 treatment of the offender; 

    (2) private and confidential court services data under 
 section 13.84; 

    (3) private and confidential corrections data under section 
 13.85; and 

    (4) private criminal history data under section 13.87. 

    Data collected and maintained by the committee under this 
 paragraph may not be disclosed outside the committee, except as 
 provided under section 13.05, subdivision 3 or 4.  The sex 
 offender has access to data on the offender collected and 
 maintained by the committee, unless the data are confidential 
 data received under this paragraph. 

    (d) At least 90 days before a sex offender is to be 
 released from confinement or accepted for supervision, the 
 commissioner of corrections shall convene the appropriate 
 end-of-confinement review committee for the purpose of assessing 
 the risk presented by the offender and determining the risk 
 level to which the offender shall be assigned under paragraph 
 (e).  The offender shall be notified of the time and place of 
 the committee's meeting and has a right to be present and be 
 heard at the meeting.  The committee shall use the risk factors 
 described in paragraph (g) and the risk assessment scale 
 developed under subdivision 2 to determine the offender's risk 
 assessment score and risk level.  Offenders scheduled for 
 release from confinement shall be assessed by the committee 
 established at the facility from which the offender is to be 
 released.  Offenders accepted for supervision shall be assessed 
 by whichever committee the commissioner directs. 

    (e) The committee shall assign to risk level I a sex 
 offender whose risk assessment score indicates a low risk of 
 reoffense.  The committee shall assign to risk level II an 
 offender whose risk assessment score indicates a moderate risk 
 of reoffense.  The committee shall assign to risk level III an 
 offender whose risk assessment score indicates a high risk of 
 reoffense. 

    (f) Before the sex offender is released from confinement or 
 accepted for supervision, the committee shall prepare a risk 
 assessment report which specifies the risk level to which the 
 offender has been assigned and the reasons underlying the 
 committee's risk assessment decision.  The committee shall give 
 the report to the offender and to the law enforcement agency at 
 least 60 days before an offender is released from confinement or 
 accepted for supervision.  The committee also shall inform the 
 offender of the availability of review under subdivision 6. 

    (g) As used in this subdivision, "risk factors" includes, 
 but is not limited to, the following factors: 

    (1) the seriousness of the offense should the offender 
 reoffend.  This factor includes consideration of the following:  

    (i) the degree of likely force or harm; 

    (ii) the degree of likely physical contact; and 

    (iii) the age of the likely victim; 

    (2) the offender's prior offense history.  This factor 
 includes consideration of the following: 

    (i) the relationship of prior victims to the offender; 

    (ii) the number of prior offenses or victims; 

    (iii) the duration of the offender's prior offense history; 

    (iv) the length of time since the offender's last prior 
 offense while the offender was at risk to commit offenses; and 

    (v) the offender's prior history of other antisocial acts; 

    (3) the offender's characteristics.  This factor includes 
 consideration of the following:  

    (i) the offender's response to prior treatment efforts; and 

    (ii) the offender's history of substance abuse; 

    (4) the availability of community supports to the offender. 
 This factor includes consideration of the following: 

    (i) the availability and likelihood that the offender will 
 be involved in therapeutic treatment; 

    (ii) the availability of residential supports to the 
 offender, such as a stable and supervised living arrangement in 
 an appropriate location; 

    (iii) the offender's familial and social relationships, 
 including the nature and length of these relationships and the 
 level of support that the offender may receive from these 
 persons; and 

    (iv) the offender's lack of education or employment 
 stability; 

    (5) whether the offender has indicated or credible evidence 
 in the record indicates that the offender will reoffend if 
 released into the community; and 

    (6) whether the offender demonstrates a physical condition 
 that minimizes the risk of reoffense, including but not limited 
 to, advanced age or a debilitating illness or physical condition.

    (h) Upon the request of the law enforcement agency or the 
 offender's corrections agent, the commissioner may reconvene the 
 end-of-confinement review committee for the purpose of 
 reassessing the risk level to which an offender has been 
 assigned under paragraph (e).  In a request for a reassessment, 
 the law enforcement agency or agent shall list the facts and 
 circumstances arising after the initial assignment under 
 paragraph (e) which support the request for a reassessment.  
 Upon review of the request, the end-of-confinement review 
 committee may reassign an offender to a different risk level.  
 If the offender is reassigned to a higher risk level, the 
 offender has the right to seek review of the committee's 
 determination under subdivision 6. 

    (i) An offender may request the end-of-confinement review 
 committee to reassess the offender's assigned risk level after 
 two years have elapsed since the committee's initial risk 
 assessment and may renew the request once every two years 
 following subsequent denials.  In a request for reassessment, 
 the offender shall list the facts and circumstances which 
 demonstrate that the offender no longer poses the same degree of 
 risk to the community.  The committee shall follow the process 
 outlined in paragraphs (a) to (e), and (g) in the reassessment. 

    Subd. 4.    Law enforcement agency; disclosure of 
 information to public.  (a) The law enforcement agency in the 
 area where the sex offender resides, expects to reside, is 
 employed, or is regularly found, shall disclose to the public 
 any information regarding the offender contained in the report 
 forwarded to the agency under subdivision 3, paragraph (f), if 
 the agency determines that disclosure of the information is 
 relevant and necessary to protect the public and to counteract 
 the offender's dangerousness.  The extent of the information 
 disclosed and the community to whom disclosure is made must 
 relate to the level of danger posed by the offender, to the 
 offender's pattern of offending behavior, and to the need of 
 community members for information to enhance their individual 
 and collective safety. 

    (b) The law enforcement agency shall consider the following 
 guidelines in determining the scope of disclosure made under 
 this subdivision: 

    (1) if the offender is assigned to risk level I, the agency 
 may maintain information regarding the offender within the 
 agency and may disclose it to other law enforcement agencies.  
 Additionally, the agency may disclose the information to any 
 victims of or witnesses to the offense committed by the offender.
 The agency shall disclose the information to victims of the 
 offense committed by the offender who have requested disclosure; 

    (2) if the offender is assigned to risk level II, the 
 agency also may disclose the information to agencies and groups 
 that the offender is likely to encounter for the purpose of 
 securing those institutions and protecting individuals in their 
 care while they are on or near the premises of the institution.  
 These agencies and groups include the staff members of public 
 and private educational institutions, day care establishments, 
 and establishments and organizations that primarily serve 
 individuals likely to be victimized by the offender.  The agency 
 also may disclose the information to individuals the agency 
 believes are likely to be victimized by the offender.  The 
 agency's belief shall be based on the offender's pattern of 
 offending or victim preference as documented in the information 
 provided by the department of corrections or human services; 

    (3) if the offender is assigned to risk level III, the 
 agency also may disclose the information to other members of the 
 community whom the offender is likely to encounter. 

    Notwithstanding the assignment of a sex offender to risk 
 level II or III, a law enforcement agency may not make the 
 disclosures permitted by clause (2) or (3), if:  the offender is 
 placed or resides in a residential facility that is licensed as 
 a residential program, as defined in section 245A.02, 
 subdivision 14, by the commissioner of human services under 
 chapter 254A, or the commissioner of corrections under section 
 241.021; and the facility and its staff are trained in the 
 supervision of sex offenders.  However, if an offender is placed 
 or resides in a licensed facility, the head of the facility 
 shall notify the commissioner of corrections or the commissioner 
 of human services within 48 hours after finalizing the 
 offender's approved relocation plan to a permanent residence.  
 Within five days after receiving this notification, the 
 appropriate commissioner shall give to the appropriate law 
 enforcement agency all relevant information the commissioner has 
 concerning the offender, including information on the risk 
 factors in the offender's history and the risk level to which 
 the offender was assigned.  After receiving this information, 
 the law enforcement agency may make the disclosures permitted by 
 clause (2) or (3), as appropriate. 

    (c) As used in paragraph (b), clauses (2) and (3), "likely 
 to encounter" means that:  

    (1) the organizations or community members are in a 
 location or in close proximity to a location where the offender 
 lives or is employed, or which the offender visits or is likely 
 to visit on a regular basis, other than the location of the 
 offender's outpatient treatment program; and 

    (2) the types of interaction which ordinarily occur at that 
 location and other circumstances indicate that contact with the 
 offender is reasonably certain. 

    (d) A law enforcement agency or official who decides to 
 disclose information under this subdivision shall make a good 
 faith effort to make the notification at least 14 days before an 
 offender is released from confinement or accepted for 
 supervision.  If a change occurs in the release plan, this 
 notification provision does not require an extension of the 
 release date.  

    (e) A law enforcement agency or official that decides to 
 disclose information under this subdivision shall not disclose 
 the identity of the victims of or witnesses to the offender's 
 offenses. 

    (f) A law enforcement agency may continue to disclose 
 information on an offender under this subdivision for as long as 
 the offender is required to register under section 243.166. 

    Subd. 5.    Relevant information provided to law 
 enforcement.  At least 60 days before a sex offender is 
 released from confinement or accepted for supervision, the 
 department of corrections or the department of human services, 
 in the case of a person who was committed under section 253B.185 
 or Minnesota Statutes 1992, section 526.10, shall give to the 
 law enforcement agency that investigated the offender's crime of 
 conviction or, where relevant, the law enforcement agency having 
 primary jurisdiction where the offender was committed, all 
 relevant information that the departments have concerning the 
 offender, including information on risk factors in the 
 offender's history.  Within five days after receiving the 
 offender's approved release plan from the office of adult 
 release, the appropriate department shall give to the law 
 enforcement agency having primary jurisdiction where the 
 offender plans to reside all relevant information the department 
 has concerning the offender, including information on risk 
 factors in the offender's history and the risk level to which 
 the offender was assigned. 

    Subd. 6.    Administrative review.  (a) An offender 
 assigned or reassigned to risk level II or III under subdivision 
 3, paragraph (e) or (h), has the right to seek administrative 
 review of an end-of-confinement review committee's risk 
 assessment determination.  The offender must exercise this right 
 within 14 days of receiving notice of the committee's decision 
 by notifying the chair of the committee.  Upon receiving the 
 request for administrative review, the chair shall notify:  (1) 
 the offender; (2) the victim or victims of the offender's 
 offense who have requested disclosure or their designee; (3) the 
 law enforcement agency that investigated the offender's crime of 
 conviction or, where relevant, the law enforcement agency having 
 primary jurisdiction where the offender was committed; (4) the 
 law enforcement agency having jurisdiction where the offender 
 expects to reside, providing that the release plan has been 
 approved by the office of adult release of the department of 
 corrections; and (5) any other individuals the chair may 
 select.  The notice shall state the time and place of the 
 hearing.  A request for a review hearing shall not interfere 
 with or delay the notification process under subdivision 4 or 5, 
 unless the administrative law judge orders otherwise for good 
 cause shown. 

    (b) An offender who requests a review hearing must be given 
 a reasonable opportunity to prepare for the hearing.  The review 
 hearing shall be conducted on the record before an 
 administrative law judge.  The review hearing shall be conducted 
 at the correctional facility in which the offender is currently 
 confined.  If the offender no longer is incarcerated, the 
 administrative law judge shall determine the place where the 
 review hearing will be conducted.  The offender has the burden 
 of proof to show, by a preponderance of the evidence, that the 
 end-of-confinement review committee's risk assessment 
 determination was erroneous.  The attorney general or a designee 
 shall defend the end-of-confinement review committee's 
 determination.  The offender has the right to be present and be 
 represented by counsel at the hearing, to present evidence in 
 support of the offender's position, to call supporting witnesses 
 and to cross-examine witnesses testifying in support of the 
 committee's determination.  Counsel for indigent offenders shall 
 be provided by the Legal Advocacy Project of the state public 
 defender's office.  

    (c) After the hearing is concluded, the administrative law 
 judge shall decide whether the end-of-confinement review 
 committee's risk assessment determination was erroneous and, 
 based on this decision, shall either uphold or modify the review 
 committee's determination.  The judge's decision shall be in 
 writing and shall include the judge's reasons for the decision.  
 The judge's decision shall be final and a copy of it shall be 
 given to the offender, the victim, the law enforcement agency, 
 and the chair of the end-of-confinement review committee. 

    (d) The review hearing is subject to the contested case 
 provisions of chapter 14. 

    (e) The administrative law judge may seal any portion of 
 the record of the administrative review hearing to the extent 
 necessary to protect the identity of a victim of or witness to 
 the offender's offense. 

    Subd. 7.    Immunity from liability.  A state or local 
 agency or official, or a private organization or individual 
 authorized to act on behalf of a state or local agency or 
 official, is not civilly or criminally liable for disclosing or 
 failing to disclose information as permitted by this section.  

    Subd. 8.    Limitation on scope.  Nothing in this 
 section imposes a duty upon a person licensed under chapter 82, 
 or an employee of the person, to disclose information regarding 
 an offender who is required to register under section 243.166, 
 or about whom notification is made under this section. 

    HIST: 1996 c 408 art 5 s 4; 1997 c 239 art 5 s 4-7