Minnesota Office of the Revisor of Statutes
[*Add Subtitle/link: Office]

Menu

Revisor of Statutes Menu

2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

Resources

Topics

Recent History

243.166 REGISTRATION OF PREDATORY OFFENDERS.
    Subdivision 1.[Repealed, 2005 c 136 art 3 s 31]
    Subd. 1a. Definitions. (a) As used in this section, unless the context clearly indicates
otherwise, the following terms have the meanings given them.
(b) "Bureau" means the Bureau of Criminal Apprehension.
(c) "Dwelling" means the building where the person lives under a formal or informal
agreement to do so.
(d) "Incarceration" and "confinement" do not include electronic home monitoring.
(e) "Law enforcement authority" or "authority" means, with respect to a home rule charter or
statutory city, the chief of police, and with respect to an unincorporated area, the county sheriff.
(f) "Motor vehicle" has the meaning given in section 169.01, subdivision 2.
(g) "Primary address" means the mailing address of the person's dwelling. If the mailing
address is different from the actual location of the dwelling, primary address also includes the
physical location of the dwelling described with as much specificity as possible.
(h) "School" includes any public or private educational institution, including any secondary
school, trade, or professional institution, or institution of higher education, that the person is
enrolled in on a full-time or part-time basis.
(i) "Secondary address" means the mailing address of any place where the person regularly
or occasionally stays overnight when not staying at the person's primary address. If the mailing
address is different from the actual location of the place, secondary address also includes the
physical location of the place described with as much specificity as possible.
(j) "Treatment facility" means a residential facility, as defined in section 244.052, subdivision
1
, and residential chemical dependency treatment programs and halfway houses licensed under
chapter 245A, including, but not limited to, those facilities directly or indirectly assisted by any
department or agency of the United States.
(k) "Work" includes employment that is full time or part time for a period of time exceeding
14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether
financially compensated, volunteered, or for the purpose of government or educational benefit.
    Subd. 1b. Registration required. (a) A person shall register under this section if:
(1) the person was charged with or petitioned for a felony violation of or attempt to violate,
or aiding, abetting, or conspiracy to commit, any of the following, and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances:
(i) murder under section 609.185, clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3
; or 609.3453; or
(iv) indecent exposure under section 617.23, subdivision 3;
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiracy to commit false imprisonment in violation of section 609.255,
subdivision 2
; soliciting a minor to engage in prostitution in violation of section 609.322 or
609.324; soliciting a minor to engage in sexual conduct in violation of section 609.352; using a
minor in a sexual performance in violation of section 617.246; or possessing pornographic work
involving a minor in violation of section 617.247, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of circumstances;
(3) the person was sentenced as a patterned sex offender under section 609.3455, subdivision
3a
; or
(4) the person was convicted of or adjudicated delinquent for, including pursuant to a court
martial, violating a law of the United States, including the Uniform Code of Military Justice,
similar to the offenses described in clause (1), (2), or (3).
(b) A person also shall register under this section if:
(1) the person was convicted of or adjudicated delinquent in another state for an offense that
would be a violation of a law described in paragraph (a) if committed in this state;
(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer; and
(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for the
offense that triggers registration, unless the person is subject to a longer registration period under
the laws of another state in which the person has been convicted or adjudicated, or is subject to
lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period regardless
of when the person was released from confinement, convicted, or adjudicated delinquent.
(c) A person also shall register under this section if the person was committed pursuant to a
court commitment order under section 253B.185 or Minnesota Statutes 1992, section 526.10,
or a similar law of another state or the United States, regardless of whether the person was
convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or attempt to violate any
of the offenses listed in paragraph (a), clause (1), or a similar law of another state or the United
States, or the person was charged with or petitioned for a violation of any of the offenses listed in
paragraph (a), clause (2), or a similar law of another state or the United States;
(2) the person was found not guilty by reason of mental illness or mental deficiency after a
trial for that offense, or found guilty but mentally ill after a trial for that offense, in states with a
guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under section 253B.18
or a similar law of another state or the United States.
    Subd. 2. Notice. When a person who is required to register under subdivision 1b, paragraph
(a), is sentenced or becomes subject to a juvenile court disposition order, the court shall tell the
person of the duty to register under this section and that, if the person fails to comply with the
registration requirements, information about the offender may be made available to the public
through electronic, computerized, or other accessible means. The court may not modify the
person's duty to register in the pronounced sentence or disposition order. The court shall require
the person to read and sign a form stating that the duty of the person to register under this
section has been explained. The court shall forward the signed sex offender registration form,
the complaint, and sentencing documents to the bureau. If a person required to register under
subdivision 1b, paragraph (a), was not notified by the court of the registration requirement at
the time of sentencing or disposition, the assigned corrections agent shall notify the person of
the requirements of this section. When a person who is required to register under subdivision
1b, paragraph (c) or (d), is released from commitment, the treatment facility shall notify the
person of the requirements of this section. The treatment facility shall also obtain the registration
information required under this section and forward it to the bureau.
    Subd. 3. Registration procedure. (a) Except as provided in subdivision 3a, a person
required to register under this section shall register with the corrections agent as soon as the agent
is assigned to the person. If the person does not have an assigned corrections agent or is unable to
locate the assigned corrections agent, the person shall register with the law enforcement authority
that has jurisdiction in the area of the person's primary address.
(b) Except as provided in subdivision 3a, at least five days before the person starts living at a
new primary address, including living in another state, the person shall give written notice of the
new primary address to the assigned corrections agent or to the law enforcement authority with
which the person currently is registered. If the person will be living in a new state and that state
has a registration requirement, the person shall also give written notice of the new address to the
designated registration agency in the new state. A person required to register under this section
shall also give written notice to the assigned corrections agent or to the law enforcement authority
that has jurisdiction in the area of the person's primary address that the person is no longer living
or staying at an address, immediately after the person is no longer living or staying at that address.
The corrections agent or law enforcement authority shall, within two business days after receipt of
this information, forward it to the bureau. The bureau shall, if it has not already been done, notify
the law enforcement authority having primary jurisdiction in the community where the person will
live of the new address. If the person is leaving the state, the bureau shall notify the registration
authority in the new state of the new address. The person's registration requirements under this
section terminate after the person begins living in the new state and the bureau has confirmed the
address in the other state through the annual verification process on at least one occasion.
(c) A person required to register under subdivision 1b, paragraph (b), because the person
is working or attending school in Minnesota shall register with the law enforcement authority
that has jurisdiction in the area where the person works or attends school. In addition to other
information required by this section, the person shall provide the address of the school or of the
location where the person is employed. A person shall comply with this paragraph within five
days of beginning employment or school. A person's obligation to register under this paragraph
terminates when the person is no longer working or attending school in Minnesota.
(d) A person required to register under this section who works or attends school outside of
Minnesota shall register as a predatory offender in the state where the person works or attends
school. The person's corrections agent, or if the person does not have an assigned corrections
agent, the law enforcement authority that has jurisdiction in the area of the person's primary
address shall notify the person of this requirement.
    Subd. 3a. Registration procedure when person lacks primary address. (a) If a person
leaves a primary address and does not have a new primary address, the person shall register with
the law enforcement authority that has jurisdiction in the area where the person is staying within
24 hours of the time the person no longer has a primary address.
(b) A person who lacks a primary address shall register with the law enforcement authority
that has jurisdiction in the area where the person is staying within 24 hours after entering the
jurisdiction. Each time a person who lacks a primary address moves to a new jurisdiction without
acquiring a new primary address, the person shall register with the law enforcement authority
that has jurisdiction in the area where the person is staying within 24 hours after entering the
jurisdiction.
(c) Upon registering under this subdivision, the person shall provide the law enforcement
authority with all of the information the individual is required to provide under subdivision 4a.
However, instead of reporting the person's primary address, the person shall describe the location
of where the person is staying with as much specificity as possible.
(d) Except as otherwise provided in paragraph (e), if a person continues to lack a primary
address, the person shall report in person on a weekly basis to the law enforcement authority with
jurisdiction in the area where the person is staying. This weekly report shall occur between the
hours of 9:00 a.m. and 5:00 p.m. The person is not required to provide the registration information
required under subdivision 4a each time the offender reports to an authority, but the person shall
inform the authority of changes to any information provided under this subdivision or subdivision
4a and shall otherwise comply with this subdivision.
(e) If the law enforcement authority determines that it is impractical, due to the person's
unique circumstances, to require a person lacking a primary address to report weekly and in
person as required under paragraph (d), the authority may authorize the person to follow an
alternative reporting procedure. The authority shall consult with the person's corrections agent, if
the person has one, in establishing the specific criteria of this alternative procedure, subject to
the following requirements:
(1) the authority shall document, in the person's registration record, the specific reasons why
the weekly in-person reporting process is impractical for the person to follow;
(2) the authority shall explain how the alternative reporting procedure furthers the public
safety objectives of this section;
(3) the authority shall require the person lacking a primary address to report in person at least
monthly to the authority or the person's corrections agent and shall specify the location where
the person shall report. If the authority determines it would be more practical and would further
public safety for the person to report to another law enforcement authority with jurisdiction where
the person is staying, it may, after consulting with the other law enforcement authority, include
this requirement in the person's alternative reporting process;
(4) the authority shall require the person to comply with the weekly, in-person reporting
process required under paragraph (d), if the person moves to a new area where this process
would be practical;
(5) the authority shall require the person to report any changes to the registration information
provided under subdivision 4a and to comply with the periodic registration requirements specified
under paragraph (f); and
(6) the authority shall require the person to comply with the requirements of subdivision 3,
paragraphs (b) and (c), if the person moves to a primary address.
(f) If a person continues to lack a primary address and continues to report to the same law
enforcement authority, the person shall provide the authority with all of the information the
individual is required to provide under this subdivision and subdivision 4a at least annually, unless
the person is required to register under subdivision 1b, paragraph (c), following commitment
pursuant to a court commitment under section 253B.185 or a similar law of another state or the
United States. If the person is required to register under subdivision 1b, paragraph (c), the person
shall provide the law enforcement authority with all of the information the individual is required
to report under this subdivision and subdivision 4a at least once every three months.
(g) A law enforcement authority receiving information under this subdivision shall forward
registration information and changes to that information to the bureau within two business days of
receipt of the information.
(h) For purposes of this subdivision, a person who fails to report a primary address will
be deemed to be a person who lacks a primary address, and the person shall comply with the
requirements for a person who lacks a primary address.
    Subd. 4. Contents of registration. (a) The registration provided to the corrections agent or
law enforcement authority, must consist of a statement in writing signed by the person, giving
information required by the bureau, a fingerprint card, and photograph of the person taken at the
time of the person's release from incarceration or, if the person was not incarcerated, at the time
the person initially registered under this section. The registration information also must include a
written consent form signed by the person allowing a treatment facility or residential housing unit
or shelter to release information to a law enforcement officer about the person's admission to, or
residence in, a treatment facility or residential housing unit or shelter. Registration information on
adults and juveniles may be maintained together notwithstanding section 260B.171, subdivision 3.
(b) For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar law of another
state or the United States, in addition to other information required by this section, the registration
provided to the corrections agent or law enforcement authority must include the person's
offense history and documentation of treatment received during the person's commitment. This
documentation is limited to a statement of how far the person progressed in treatment during
commitment.
(c) Within three days of receipt, the corrections agent or law enforcement authority shall
forward the registration information to the bureau. The bureau shall ascertain whether the person
has registered with the law enforcement authority in the area of the person's primary address,
if any, or if the person lacks a primary address, where the person is staying, as required by
subdivision 3a. If the person has not registered with the law enforcement authority, the bureau
shall send one copy to that authority.
(d) The corrections agent or law enforcement authority may require that a person required to
register under this section appear before the agent or authority to be photographed. The agent or
authority shall forward the photograph to the bureau.
(1) Except as provided in clause (2), the agent or authority shall require a person required to
register under this section who is classified as a level III offender under section 244.052 to appear
before the agent or authority at least every six months to be photographed.
(2) The requirements of this paragraph shall not apply during any period where the person
to be photographed is: (i) committed to the commissioner of corrections and incarcerated, (ii)
incarcerated in a regional jail or county jail, or (iii) committed to the commissioner of human
services and receiving treatment in a secure treatment facility.
(e) During the period a person is required to register under this section, the following
provisions apply:
(1) Except for persons registering under subdivision 3a, the bureau shall mail a verification
form to the person's last reported primary address. This verification form must provide notice to
the offender that, if the offender does not return the verification form as required, information
about the offender may be made available to the public through electronic, computerized, or other
accessible means. For persons who are registered under subdivision 3a, the bureau shall mail an
annual verification form to the law enforcement authority where the offender most recently
reported. The authority shall provide the verification form to the person at the next weekly
meeting and ensure that the person completes and signs the form and returns it to the bureau.
(2) The person shall mail the signed verification form back to the bureau within ten days
after receipt of the form, stating on the form the current and last address of the person's residence
and the other information required under subdivision 4a.
(3) In addition to the requirements listed in this section, a person who is assigned to risk
level II or III under section 244.052, and who is no longer under correctional supervision for a
registration offense, or a failure to register offense, but who resides, works, or attends school in
Minnesota, shall have an annual in-person contact with a law enforcement authority as provided
in this section. If the person resides in Minnesota, the annual in-person contact shall be with
the law enforcement authority that has jurisdiction over the person's primary address or, if the
person has no address, the location where the person is staying. If the person does not reside in
Minnesota but works or attends school in this state, the person shall have an annual in-person
contact with the law enforcement authority or authorities with jurisdiction over the person's
school or workplace. During the month of the person's birth date, the person shall report to the
authority to verify the accuracy of the registration information and to be photographed. Within
three days of this contact, the authority shall enter information as required by the bureau into the
predatory offender registration database and submit an updated photograph of the person to the
bureau's predatory offender registration unit.
(4) If the person fails to mail the completed and signed verification form to the bureau within
ten days after receipt of the form, or if the person fails to report to the law enforcement authority
during the month of the person's birth date, the person is in violation of this section.
(5) For any person who fails to mail the completed and signed verification form to the bureau
within ten days after receipt of the form and who has been determined to be a risk level III offender
under section 244.052, the bureau shall immediately investigate and notify local law enforcement
authorities to investigate the person's location and to ensure compliance with this section. The
bureau also shall immediately give notice of the person's violation of this section to the law
enforcement authority having jurisdiction over the person's last registered address or addresses.
For persons required to register under subdivision 1b, paragraph (c), following commitment
pursuant to a court commitment under section 253B.185 or a similar law of another state or the
United States, the bureau shall comply with clause (1) at least four times each year. For persons
who, under section 244.052, are assigned to risk level III and who are no longer under correctional
supervision for a registration offense or a failure to register offense, the bureau shall comply
with clause (1) at least two times each year. For all other persons required to register under this
section, the bureau shall comply with clause (1) each year within 30 days of the anniversary date
of the person's initial registration.
(f) When sending out a verification form, the bureau shall determine whether the person to
whom the verification form is being sent has signed a written consent form as provided for in
paragraph (a). If the person has not signed such a consent form, the bureau shall send a written
consent form to the person along with the verification form. A person who receives this written
consent form shall sign and return it to the bureau at the same time as the verification form.
    Subd. 4a. Information required to be provided. (a) A person required to register under
this section shall provide to the corrections agent or law enforcement authority the following
information:
(1) the person's primary address;
(2) all of the person's secondary addresses in Minnesota, including all addresses used for
residential or recreational purposes;
(3) the addresses of all Minnesota property owned, leased, or rented by the person;
(4) the addresses of all locations where the person is employed;
(5) the addresses of all schools where the person is enrolled; and
(6) the year, model, make, license plate number, and color of all motor vehicles owned
or regularly driven by the person.
(b) The person shall report to the agent or authority the information required to be provided
under paragraph (a), clauses (2) to (6), within five days of the date the clause becomes applicable.
If because of a change in circumstances any information reported under paragraph (a), clauses
(1) to (6), no longer applies, the person shall immediately inform the agent or authority that the
information is no longer valid. If the person leaves a primary address and does not have a new
primary address, the person shall register as provided in subdivision 3a.
    Subd. 4b. Health care facility; notice of status. (a) For the purposes of this subdivision,
"health care facility" means a facility licensed by:
(1) the commissioner of health as a hospital, boarding care home or supervised living facility
under sections 144.50 to 144.58, or a nursing home under chapter 144A; or
(2) the commissioner of human services as a residential facility under chapter 245A to
provide adult foster care, adult mental health treatment, chemical dependency treatment to adults,
or residential services to persons with developmental disabilities.
(b) Prior to admission to a health care facility, a person required to register under this section
shall disclose to:
(1) the health care facility employee processing the admission the person's status as a
registered predatory offender under this section; and
(2) the person's corrections agent, or if the person does not have an assigned corrections
agent, the law enforcement authority with whom the person is currently required to register,
that inpatient admission will occur.
(c) A law enforcement authority or corrections agent who receives notice under paragraph (b)
or who knows that a person required to register under this section is planning to be admitted and
receive, or has been admitted and is receiving health care at a health care facility shall notify the
administrator of the facility and deliver a fact sheet to the administrator containing the following
information: (1) name and physical description of the offender; (2) the offender's conviction
history, including the dates of conviction; (3) the risk level classification assigned to the offender
under section 244.052, if any; and (4) the profile of likely victims.
(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health care facility
receives a fact sheet under paragraph (c) that includes a risk level classification for the offender,
and if the facility admits the offender, the facility shall distribute the fact sheet to all residents
at the facility. If the facility determines that distribution to a resident is not appropriate given
the resident's medical, emotional, or mental status, the facility shall distribute the fact sheet to
the patient's next of kin or emergency contact.
    Subd. 5. Criminal penalty. (a) A person required to register under this section who
knowingly violates any of its provisions or intentionally provides false information to a
corrections agent, law enforcement authority, or the bureau is guilty of a felony and may be
sentenced to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both.
(b) Except as provided in paragraph (c), a person convicted of violating paragraph (a) shall
be committed to the custody of the commissioner of corrections for not less than a year and a day,
nor more than five years.
(c) A person convicted of violating paragraph (a), who has previously been convicted of or
adjudicated delinquent for violating this section or a similar statute of another state or the United
States, shall be committed to the custody of the commissioner of corrections for not less than
two years, nor more than five years.
(d) Prior to the time of sentencing, the prosecutor may file a motion to have the person
sentenced without regard to the mandatory minimum sentence established by this subdivision.
The motion must be accompanied by a statement on the record of the reasons for it. When
presented with the motion, or on its own motion, the court may sentence the person without
regard to the mandatory minimum sentence if the court finds substantial and compelling reasons
to do so. Sentencing a person in the manner described in this paragraph is a departure from
the Sentencing Guidelines.
(e) A person convicted and sentenced as required by this subdivision is not eligible for
probation, parole, discharge, work release, conditional release, or supervised release, until
that person has served the full term of imprisonment as provided by law, notwithstanding the
provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.
    Subd. 5a. Ten-year conditional release for violations committed by level III offenders.
Notwithstanding the statutory maximum sentence otherwise applicable to the offense or any
provision of the sentencing guidelines, when a court commits a person to the custody of the
commissioner of corrections for violating subdivision 5 and, at the time of the violation, the
person was assigned to risk level III under section 244.052, the court shall provide that after
the person has completed the sentence imposed, the commissioner shall place the person on
conditional release for ten years. The terms of conditional release are governed by section
609.3455, subdivision 8.
    Subd. 6. Registration period. (a) Notwithstanding the provisions of section 609.165,
subdivision 1
, and except as provided in paragraphs (b), (c), and (d), a person required to register
under this section shall continue to comply with this section until ten years have elapsed since
the person initially registered in connection with the offense, or until the probation, supervised
release, or conditional release period expires, whichever occurs later. For a person required to
register under this section who is committed under section 253B.18 or 253B.185, the ten-year
registration period does not include the period of commitment.
(b) If a person required to register under this section fails to provide the person's primary
address as required by subdivision 3, paragraph (b), fails to comply with the requirements of
subdivision 3a, fails to provide information as required by subdivision 4a, or fails to return the
verification form referenced in subdivision 4 within ten days, the commissioner of public safety
may require the person to continue to register for an additional period of five years. This five-year
period is added to the end of the offender's registration period.
(c) If a person required to register under this section is subsequently incarcerated following
a conviction for a new offense or following a revocation of probation, supervised release, or
conditional release for any offense, the person shall continue to register until ten years have
elapsed since the person was last released from incarceration or until the person's probation,
supervised release, or conditional release period expires, whichever occurs later.
(d) A person shall continue to comply with this section for the life of that person:
(1) if the person is convicted of or adjudicated delinquent for any offense for which
registration is required under subdivision 1b, or any offense from another state or any federal
offense similar to the offenses described in subdivision 1b, and the person has a prior conviction
or adjudication for an offense for which registration was or would have been required under
subdivision 1b, or an offense from another state or a federal offense similar to an offense
described in subdivision 1b;
(2) if the person is required to register based upon a conviction or delinquency adjudication
for an offense under section 609.185, clause (2), or a similar statute from another state or the
United States;
(3) if the person is required to register based upon a conviction for an offense under section
609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 1, paragraph
(a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g); or 609.345,
subdivision 1
, paragraph (a), (c), or (g); or a statute from another state or the United States similar
to the offenses described in this clause; or
(4) if the person is required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar law of another
state or the United States.
(e) A person described in subdivision 1b, paragraph (b), who is required to register under the
laws of a state in which the person has been previously convicted or adjudicated delinquent, shall
register under this section for the time period required by the state of conviction or adjudication
unless a longer time period is required elsewhere in this section.
    Subd. 7. Use of data. Except as otherwise provided in subdivision 7a or sections 244.052
and 299C.093, the data provided under this section is private data on individuals under section
13.02, subdivision 12. The data may be used only for law enforcement and corrections purposes.
State-operated services, as defined in section 246.014, are also authorized to have access to the
data for the purposes described in section 246.13, subdivision 2, paragraph (b).
    Subd. 7a. Availability of information on offenders who are out of compliance with
registration law. (a) The bureau may make information available to the public about offenders
who are 16 years of age or older and who are out of compliance with this section for 30 days
or longer for failure to provide the offenders' primary or secondary addresses. This information
may be made available to the public through electronic, computerized, or other accessible means.
The amount and type of information made available is limited to the information necessary for
the public to assist law enforcement in locating the offender.
(b) An offender who comes into compliance with this section after the bureau discloses
information about the offender to the public may send a written request to the bureau requesting
the bureau to treat information about the offender as private data, consistent with subdivision
7. The bureau shall review the request and promptly take reasonable action to treat the data as
private, if the offender has complied with the requirement that the offender provide the offender's
primary and secondary addresses, or promptly notify the offender that the information will
continue to be treated as public information and the reasons for the bureau's decision.
(c) If an offender believes the information made public about the offender is inaccurate or
incomplete, the offender may challenge the data under section 13.04, subdivision 4.
(d) The bureau is immune from any civil or criminal liability that might otherwise arise,
based on the accuracy or completeness of any information made public under this subdivision, if
the bureau acts in good faith.
    Subd. 8.[Repealed, 2005 c 136 art 3 s 31]
    Subd. 9. Offenders from other states. (a) When the state accepts an offender from another
state under a reciprocal agreement under the interstate compact authorized by section 243.16, the
interstate compact authorized by section 243.1605, or under any authorized interstate agreement,
the acceptance is conditional on the offender agreeing to register under this section when the
offender is living in Minnesota.
(b) The Bureau of Criminal Apprehension shall notify the commissioner of corrections:
(1) when the bureau receives notice from a local law enforcement authority that a person
from another state who is subject to this section has registered with the authority, unless the
bureau previously received information about the offender from the commissioner of corrections;
(2) when a registration authority, corrections agent, or law enforcement agency in another
state notifies the bureau that a person from another state who is subject to this section is moving to
Minnesota; and
(3) when the bureau learns that a person from another state is in Minnesota and allegedly in
violation of subdivision 5 for failure to register.
(c) When a local law enforcement agency notifies the bureau of an out-of-state offender's
registration, the agency shall provide the bureau with information on whether the person is subject
to community notification in another state and the risk level the person was assigned, if any.
(d) The bureau must forward all information it receives regarding offenders covered under
this subdivision from sources other than the commissioner of corrections to the commissioner.
(e) When the bureau receives information directly from a registration authority, corrections
agent, or law enforcement agency in another state that a person who may be subject to this section
is moving to Minnesota, the bureau must ask whether the person entering the state is subject to
community notification in another state and the risk level the person has been assigned, if any.
(f) When the bureau learns that a person subject to this section intends to move into
Minnesota from another state or has moved into Minnesota from another state, the bureau shall
notify the law enforcement authority with jurisdiction in the area of the person's primary address
and provide all information concerning the person that is available to the bureau.
(g) The commissioner of corrections must determine the parole, supervised release, or
conditional release status of persons who are referred to the commissioner under this subdivision.
If the commissioner determines that a person is subject to parole, supervised release, or
conditional release in another state and is not registered in Minnesota under the applicable
interstate compact, the commissioner shall inform the local law enforcement agency that the
person is in violation of section 243.161. If the person is not subject to supervised release, the
commissioner shall notify the bureau and the local law enforcement agency of the person's status.
    Subd. 10.[Repealed, 1Sp2001 c 8 art 9 s 8]
    Subd. 10. Venue; aggregation. (a) A violation of this section may be prosecuted in any
jurisdiction where an offense takes place. However, the prosecutorial agency in the jurisdiction
where the person last registered a primary address is initially responsible to review the case
for prosecution.
(b) When a person commits two or more offenses in two or more counties, the accused may
be prosecuted for all of the offenses in any county in which one of the offenses was committed.
    Subd. 11. Certified copies as evidence. Certified copies of predatory offender registration
records are admissible as substantive evidence when necessary to prove the commission of
a violation of this section.
History: 1991 c 285 s 3; 1993 c 326 art 10 s 1-7; 1994 c 636 art 4 s 5-8; 1Sp1994 c 1 art 3 s
1,2; 1995 c 226 art 4 s 3; 1996 c 408 art 5 s 2,3; 1997 c 239 art 5 s 1-3; 1998 c 367 art 3 s 1-3;
art 6 s 15; 1999 c 127 s 1; 1999 c 139 art 4 s 2; 1999 c 233 s 1-3; 2000 c 260 s 28; 2000 c 311 art
2 s 1-10; 1Sp2001 c 8 art 9 s 1-4; 2002 c 222 s 1; 2003 c 116 s 2; 1Sp2003 c 2 art 8 s 4,5; 2005 c
136 art 3 s 8; art 5 s 1; 1Sp2005 c 4 art 1 s 2,3; 2006 c 260 art 3 s 7-10; 2006 c 260 art 1 s 47

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569