2006 Minnesota Statutes

244.052 PREDATORY OFFENDERS; NOTICE.
    Subdivision 1. Definitions. As used in this section:
(1) "confinement" means confinement in a state correctional facility or a state treatment
facility;
(2) "immediate household" means any and all individuals who live in the same household
as the offender;
(3) "law enforcement agency" means the law enforcement agency having primary jurisdiction
over the location where the offender expects to reside upon release;
(4) "residential facility" means a facility that is licensed as a residential program, as defined
in section 245A.02, subdivision 14, by the commissioner of human services under chapter
245A, or the commissioner of corrections under section 241.021, whose staff are trained in the
supervision of sex offenders; and
(5) "predatory offender" and "offender" mean a person who is required to register as a
predatory offender under section 243.166. However, the terms do not include persons required to
register based solely on a delinquency adjudication.
    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 predatory offenders are confined. The committees shall
assess on a case-by-case basis the public risk posed by predatory offenders who are about to be
released from confinement.
(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) a victim's services professional.
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 predatory 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 13.384 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 predatory
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)(i) Except as otherwise provided in items (ii), (iii), and (iv), at least 90 days before a
predatory offender is to be released from confinement, 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 and the law enforcement agency that was responsible
for the charge resulting in confinement shall be notified of the time and place of the committee's
meeting. The offender has a right to be present and be heard at the meeting. The law enforcement
agency may provide material in writing that is relevant to the offender's risk level to the chair
of the committee. 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.
(ii) If an offender is received for confinement in a facility with less than 90 days
remaining in the offender's term of confinement, the offender's risk shall be assessed at the first
regularly scheduled end of confinement review committee that convenes after the appropriate
documentation for the risk assessment is assembled by the committee. The commissioner shall
make reasonable efforts to ensure that offender's risk is assessed and a risk level is assigned or
reassigned at least 30 days before the offender's release date.
(iii) If the offender is subject to a mandatory life sentence under section 609.3455, subdivision
3 or 4, the commissioner of corrections shall convene the appropriate end-of-confinement review
committee at least nine months before the offender's minimum term of imprisonment has been
served. If the offender is received for confinement in a facility with less than nine months
remaining before the offender's minimum term of imprisonment has been served, the committee
shall conform its procedures to those outlined in item (ii) to the extent practicable.
(iv) If the offender is granted supervised release, the commissioner of corrections shall
notify the appropriate end-of-confinement review committee that it needs to review the offender's
previously determined risk level at its next regularly scheduled meeting. The commissioner shall
make reasonable efforts to ensure that the offender's earlier risk level determination is reviewed
and the risk level is confirmed or reassigned at least 60 days before the offender's release date.
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.
(e) The committee shall assign to risk level I a predatory 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 predatory offender is released from confinement, 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. Except for an offender subject to
a mandatory life sentence under section 609.3455, subdivision 3 or 4, who has not been granted
supervised release, 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. If the offender is subject
to a mandatory life sentence and has not yet served the entire minimum term of imprisonment,
the committee shall give the report to the offender and to the commissioner at least six months
before the offender is first eligible for release. If the risk assessment is performed under the
circumstances described in paragraph (d), item (ii), the report shall be given to the offender
and the law enforcement agency as soon as it is available. 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 which was responsible for the charge resulting
in confinement or agent shall list the facts and circumstances arising after the initial assignment
or facts and circumstances known to law enforcement or the agent but not considered by the
committee under paragraph (e) which support the request for a reassessment. The request for
reassessment by the law enforcement agency must occur within 30 days of receipt of the report
indicating the offender's risk level assignment. The offender's corrections agent, in consultation
with the chief law enforcement officer in the area where the offender resides or intends to
reside, may request a review of a risk level at any time if substantial evidence exists that the
offender's risk level should be reviewed by an end-of-confinement review committee. This
evidence includes, but is not limited to, evidence of treatment failures or completions, evidence
of exceptional crime-free community adjustment or lack of appropriate adjustment, evidence of
substantial community need to know more about the offender or mitigating circumstances that
would narrow the proposed scope of notification, or other practical situations articulated and
based in evidence of the offender's behavior while under supervision. 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 three 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. In order for a request
for a risk level reduction to be granted, the offender must demonstrate full compliance with
supervised release conditions, completion of required post-release treatment programming, and
full compliance with all registration requirements as detailed in section 243.166. The offender
must also not have been convicted of any felony, gross misdemeanor, or misdemeanor offenses
subsequent to the assignment of the original risk level. The committee shall follow the process
outlined in paragraphs (a) to (c) in the reassessment. An offender who is incarcerated may not
request a reassessment under this paragraph.
(j) Offenders returned to prison as release violators shall not have a right to a subsequent risk
reassessment by the end-of-confinement review committee unless substantial evidence indicates
that the offender's risk to the public has increased.
(k) If the committee assigns a predatory offender to risk level III, the committee shall
determine whether residency restrictions shall be included in the conditions of the offender's
release based on the offender's pattern of offending behavior.
    Subd. 3a. Offenders from other states and offenders released from federal facilities.
(a) Except as provided in paragraph (b), the commissioner shall establish an end-of-confinement
review committee to assign a risk level:
(1) to offenders who are released from a federal correctional facility in Minnesota or a
federal correctional facility in another state and who intend to reside in Minnesota;
(2) to offenders who are accepted from another state under the interstate compact authorized
by section 243.16 or 243.1605 or any other authorized interstate agreement; and
(3) to offenders who are referred to the committee by local law enforcement agencies
under paragraph (f).
(b) This subdivision does not require the commissioner to convene an end-of-confinement
review committee for a person coming into Minnesota who is subject to probation under another
state's law. The probation or court services officer and law enforcement officer shall manage such
cases in accordance with section 244.10, subdivision 8.
(c) The committee shall make reasonable efforts to conform to the same timelines applied to
offenders released from a Minnesota correctional facility and shall collect all relevant information
and records on offenders assessed and assigned a risk level under this subdivision. However, for
offenders who were assigned the most serious risk level by another state, the committee must act
promptly to collect the information required under this paragraph.
The end-of-confinement review committee must proceed in accordance with all requirements
set forth in this section and follow all policies and procedures applied to offenders released from a
Minnesota correctional facility in reviewing information and assessing the risk level of offenders
covered by this subdivision, unless restrictions caused by the nature of federal or interstate
transfers prevent such conformance. All of the provisions of this section apply to offenders who
are assessed and assigned a risk level under this subdivision.
(d) If a local law enforcement agency learns or suspects that a person who is subject to this
section is living in Minnesota and a risk level has not been assigned to the person under this
section, the law enforcement agency shall provide this information to the Bureau of Criminal
Apprehension and the commissioner of corrections within three business days.
(e) If the commissioner receives reliable information from a local law enforcement agency or
the bureau that a person subject to this section is living in Minnesota and a local law enforcement
agency so requests, the commissioner must determine if the person was assigned a risk level under
a law comparable to this section. If the commissioner determines that the law is comparable and
public safety warrants, the commissioner, within three business days of receiving a request, shall
notify the local law enforcement agency that it may, in consultation with the department, proceed
with notification under subdivision 4 based on the person's out-of-state risk level. However, if the
commissioner concludes that the offender is from a state with a risk level assessment law that is
not comparable to this section, the extent of the notification may not exceed that of a risk level
II offender under subdivision 4, paragraph (b), unless the requirements of paragraph (f) have
been met. If an assessment is requested from the end-of-confinement review committee under
paragraph (f), the local law enforcement agency may continue to disclose information under
subdivision 4 until the committee assigns the person a risk level. After the committee assigns a
risk level to an offender pursuant to a request made under paragraph (f), the information disclosed
by law enforcement shall be consistent with the risk level assigned by the end-of-confinement
review committee. The commissioner of corrections, in consultation with legal advisers, shall
determine whether the law of another state is comparable to this section.
(f) If the local law enforcement agency wants to make a broader disclosure than is authorized
under paragraph (e), the law enforcement agency may request that an end-of-confinement review
committee assign a risk level to the offender. The local law enforcement agency shall provide to
the committee all information concerning the offender's criminal history, the risk the offender
poses to the community, and other relevant information. The department shall attempt to obtain
other information relevant to determining which risk level to assign the offender. The committee
shall promptly assign a risk level to an offender referred to the committee under this paragraph.
    Subd. 4. Law enforcement agency; disclosure of information to public. (a) The law
enforcement agency in the area where the predatory 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), that
is relevant and necessary to protect the public and to counteract the offender's dangerousness,
consistent with the guidelines in paragraph (b). 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 employ 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 and to adult members of the
offender's immediate household;
(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 shall disclose the information to
the persons and entities described in clauses (1) and (2) and to other members of the community
whom the offender is likely to encounter, unless the law enforcement agency determines that
public safety would be compromised by the disclosure or that a more limited disclosure is
necessary to protect the identity of the victim.
Notwithstanding the assignment of a predatory offender to risk level II or III, a law
enforcement agency may not make the disclosures permitted or required by clause (2) or (3), if: the
offender is placed or resides in a residential facility. However, if an offender is placed or resides in
a residential facility, the offender and the head of the facility shall designate the offender's likely
residence upon release from the facility and the head of the facility shall notify the commissioner
of corrections or the commissioner of human services of the offender's likely residence at least 14
days before the offender's scheduled release date. The commissioner shall give this information to
the law enforcement agency having jurisdiction over the offender's likely residence. The head
of the residential facility also shall notify the commissioner of corrections or 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
shall make the disclosures permitted or required 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 discloses information under this subdivision
shall make a good faith effort to make the notification within 14 days of receipt of a confirmed
address from the Department of Corrections indicating that the offender will be, or has been,
released from confinement, or accepted for supervision, or has moved to a new address and will
reside at the address indicated. 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 who discloses information under this subdivision
shall not disclose the identity or any identifying characteristics of the victims of or witnesses
to the offender's offenses.
(f) A law enforcement agency shall continue to disclose information on an offender as
required by this subdivision for as long as the offender is required to register under section
243.166. This requirement on a law enforcement agency to continue to disclose information also
applies to an offender who lacks a primary address and is registering under section 243.166,
subdivision 3a .
(g) A law enforcement agency that is disclosing information on an offender assigned to risk
level III to the public under this subdivision shall inform the commissioner of corrections what
information is being disclosed and forward this information to the commissioner within two days
of the agency's determination. The commissioner shall post this information on the Internet as
required in subdivision 4b.
(h) A city council may adopt a policy that addresses when information disclosed under this
subdivision must be presented in languages in addition to English. The policy may address when
information must be presented orally, in writing, or both in additional languages by the law
enforcement agency disclosing the information. The policy may provide for different approaches
based on the prevalence of non-English languages in different neighborhoods.
(i) An offender who is the subject of a community notification meeting held pursuant to this
section may not attend the meeting.
(j) When a school, day care facility, or other entity or program that primarily educates or
serves children receives notice under paragraph (b), clause (3), that a level III predatory offender
resides or works in the surrounding community, notice to parents must be made as provided in this
paragraph. If the predatory offender identified in the notice is participating in programs offered
by the facility that require or allow the person to interact with children other than the person's
children, the principal or head of the entity must notify parents with children at the facility of the
contents of the notice received pursuant to this section. The immunity provisions of subdivision 7
apply to persons disclosing information under this paragraph.
    Subd. 4a. Level III offenders; location of residence. (a) When an offender assigned to risk
level III is released from confinement or a residential facility to reside in the community or changes
residence while on supervised or conditional release, the agency responsible for the offender's
supervision shall take into consideration the proximity of the offender's residence to that of other
level III offenders and proximity to schools and, to the greatest extent feasible, shall mitigate the
concentration of level III offenders and concentration of level III offenders near schools.
(b) If the owner or property manager of a hotel, motel, lodging establishment, or apartment
building has an agreement with an agency that arranges or provides shelter for victims of
domestic abuse, the owner or property manager may not knowingly rent rooms to both level III
offenders and victims of domestic abuse at the same time. If the owner or property manager has
an agreement with an agency to provide housing to domestic abuse victims and discovers or is
informed that a tenant is a level III offender after signing a lease or otherwise renting to the
offender, the owner or property manager may evict the offender.
    Subd. 4b. Level III offenders; mandatory posting of information on Internet. The
commissioner of corrections shall create and maintain an Internet Web site and post on the site the
information about offenders assigned to risk level III forwarded by law enforcement agencies
under subdivision 4, paragraph (g). This information must be updated in a timely manner to
account for changes in the offender's address and maintained for the period of time that the
offender remains subject to community notification as a level III offender.
    Subd. 4c. Law enforcement agency; disclosure of information to a health care facility.
(a) The law enforcement agency in the area where a health care facility is located shall disclose
the registrant status of any predatory offender registered under section 243.166 to the health care
facility if the registered offender is receiving inpatient care in that facility.
(b) As used in this section, "health care facility" means a hospital or other entity licensed
under sections 144.50 to 144.58, a nursing home licensed to serve adults under section 144A.02,
or a group residential housing facility or an intermediate care facility for the developmentally
disabled licensed under chapter 245A.
    Subd. 5. Relevant information provided to law enforcement. At least 60 days before a
predatory offender is released from confinement, 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 hearings
and release unit, 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. If the offender's risk level was assigned under the
circumstances described in subdivision 3, paragraph (d), item (ii), the appropriate department
shall give the law enforcement agency all relevant information that the department has concerning
the offender, including information on the risk factors in the offender's history and the offender's
risk level within five days of the risk level assignment or reassignment.
    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 hearings and
release unit 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) 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
criminally liable for disclosing or failing to disclose information as permitted by this section.
(b) 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 liable for failing to disclose
information under this section.
(c) 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 liable for disclosing information as
permitted by this section. However, this paragraph applies only to disclosure of information that is
consistent with the offender's conviction history. It does not apply to disclosure of information
relating to conduct for which the offender was not convicted.
    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.
History: 1996 c 408 art 5 s 4; 1997 c 239 art 5 s 4-7; 1998 c 396 s 3-6; 1999 c 86 art 1 s 82;
1999 c 216 art 6 s 2-5; 1999 c 227 s 22; 1999 c 233 s 4,5; 2000 c 311 art 2 s 12; 2001 c 210 s 15;
2002 c 385 s 1-3; 2005 c 56 s 1; 2005 c 136 art 3 s 12-15; art 16 s 13; 2006 c 260 art 3 s 11