HomeMy WebLinkAbout9E - Regulation of Sexual Predators Report
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
September 4, 2007 ~
:~ank Boyles, City Mana~
CONSIDER APPROVAL OF A REPORT WITH RESPECT TO REGULATION
OF SEXUAL PREDATORS
Introduction
The purpose of this agenda item is to request direction from the Council
regarding the next steps, if any, it wishes to take on this topic.
Historv
Monday, August 13, 2007, the City learned officially from the Department of
Corrections that a Level 3 sexual offender intended to move to Prior Lake to
reside on the 14900 block of Grayling Circle. The Police Department arranged a
community meeting at Crossroad Church on August 23,2007. Approximately
370 Prior Lake households within a half mile of the proposed address were
notified of the meeting by mail sent out one day after receiving official
notification. The Savage Police Department was appraised as well and noticed
their residents.
Given the time between the mailed notice and meeting and the criminal actions
of the offender, the City also delivered in excess of 400 flyers door-to-door and
prepared an Inside City Hall program for PL TV 15 broadcast.
The August 23 community meeting was conducted at Crossroads Church and
150 persons attended. Police Chief O'Rourke moderated the meeting.
Presentations were given by two Department of Corrections representatives and
a representative of the Wetterling Foundation. Following the presentations,
those attending asked about two dozen questions relative to this specific
situation and to sexual predators in general. At the conclusion of the one and a
half hour meeting, it was apparent that attendees had a greater knowledge from
the information they had received.
The Council directed that this matter be placed on a subsequent agenda for
discussion.
Current Circumstances
The Council has discussed, in a very preliminary way, various issues on this
topic. Among them:
Consider adoptinc a residency ordinance
Smaller Minnesota communities including Taylors Falls, Annandale and
Wyoming have adopted such ordinances (see attached Taylors Falls
www.cityofpriorlake.com
I:\COUjCIL\AGE~IG.<\ REPORTStC:Jpfig9dP95~~4~~tF7~ 952.447.4245
ordinance). The ordinances have the same assumption and characteristics.
The assumption is that if a sexual predator cannot live in the community, the
community will be safer. I am not aware of any statistics which have been
kept which would verify or refute that cities with such ordinances have few sex
crimes.
Lecal Status of Local Ordinances
Any local ordinance, regardless of focus, must pass the test of legality.
According to the City Attorney, the 8th District Court of Appeals has already
stricken local residency restriction ordinances in New Jersey for inconsistency
with state statute. Attached is a memo prepared by Mark Girouard of the City
Attorney's office on this topic. It cites the case law on this topic.
Alterinc State Statute
The Minnesota State Statute is very comprehensive (copy attached). There
may be some value in identifying areas where it could be improved.
Perhaps the timelines could be modified. Right now a Level 3 offender
moving into an area need only give five days of notice. Given this short
timeline, it is likely that the offender will have already moved in by the time the
community meeting takes place.
The law requires the local law enforcement agency to decide when, how and
who to notify. This means that the process and number of persons notified
could be totally different between two adjacent communities. There is some
question whether this is desirable.
The law requires the local police agency to accomplish both the notification
and meeting set up. To be sure this forces the local agency to become aware
of state statutory requirements quickly, but it also causes both delays and
inconsistency in the notification materials, process and timing.
The Council could focus upon working alone or in tandem with other agencies
to change State Statute. Groups like SCALE, AMM and LMC can become
forums to determine if cities concur about the recommendations to make to
lawmakers. Attached is a draft resolution which could be used to encourage
AMM, for example, to support refinements of the State law.
Education
The City's 2030 Vision and Strategic Plan has added Safe and Healthy
Community as a Vision Element. The fundamental assumption of the Vision
Element is that families and individuals are responsible for educating
themselves and their loved ones about what they can do to maximize
personal safety. The question is what educational opportunities we could
make available to our residents to help them to be less prone to be victims of
crime.
ISSUES:
The more the staff looks into this issue, the more complex it becomes. There
are numerous Websites containing a wide range of materials on the topic.
Regardless of the positions people take on the topic, they appear to be
passionate. In light of these circumstances, it seems reasonable to move
carefully and deliberately in addressing this issue.
i\COUNCIL\J'.A:::NDA REPC; IS\2007\09Ij :07 sexual prf(Jators.DOC
FINANCIAL
IMPACT:
Unknown.
ALTERNATIVES:
1. Initiate a discussion of this matter and direct the staff regarding the type of
approach and strategy the Council desires to address this matter.
2. Take no action.
RECOMMENDED Alternative #1.
MOTION:
1:\COUi':f:IL\AGENDf\ Hi::PORTS\20D/\090407 se,ual predatorsJJOC
ORD~ANCE 2006-~
CCITY OF TAYLORS FAL
. CmSA.GO ,--vlJ~ 1
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE TAYLORS FALLS
CODE OF ORDINANCE RELATING TO NUISANCE AND OFFENSES BY ADDING SECTION
540 SEXUAL OFFENDERS AND SEXUAL PREDATORS
THE CITY COUNCIL OF THE CITY OF TAYLORS FALLS DOES ORDAIN AS FOLLOWS:
The Taylors Falls Code of Ordinances, Chapter 5, Nuisances and Offenses, shall be amended by adding
Section 540, Sexual Offenders and Sexual Predators:
540.001 Findings and intent.
Subd. 1 Repeat sexual offenders, sexual offenders who use physical violence, and sexual
offenders who prey on children are sexual predators who present an extreme threat to the
public safety. Sexual offenders are extremely likely to use physical violence and to repeat
their offenses, and most sexual offenders commit many offenses, have many more victims
than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the
cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant.
Subd. 2 It is the intent of this article to serve the City's compelling interest to promote,
protect and improve the health, safety and welfare of the citizens of the City by creating areas
around locations where children regularly congregate in concentrated numbers wherein
certain sexual offenders and sexual predators are prohibited from establishing temporary or
permanent residence.
540.002 Definitions. The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Subd. 1 Designated offender means any person who has been convicted of a designated
sexual offense, regardless of whether adjudication has been withheld, in which the victim of
the offense was less than 16 years of age, or has been categorized as a Level III sex offender
under Minnesota Statute ~ 244.052 or successor statute.
Subd.2 Designated sexual offense means a conviction, adjudication of delinquency,
commitment under Minnesota Statute ~~ 253B, or admission of guilt under oath without
adjudication involving any of the following offenses: 609.342; 609.343; 609.344; 609.345;
609.352; 609.365; 617.23; 617.246; 617.247; 617.293; successor statutes; or a similar offense
from another state.
Subd. 3 Permanent residence means a place where the person abides, lodges, or resides
for fourteen (14) or more consecutive days.
Subd. 4 Temporary residence means a place where the person abides, lodges, or resides
for a period of fourteen (14) or more days in the aggregate during any calendar year and
which is not the person's permanent address, or a place where the person routinely abides,
Page 1 of3
540.003
lodges, or resides for a period of four or more consecutive or nonconsecutive days in any
month and which is not the person's permanent residence.
Sexual offender and Sexual Predator Residence Prohibition; Penalties; Exceptions.
Subd. 1 Prohibited location of residence. It is unlawful for any designated offender to
establish a permanent residence or temporary residence: a) within 2,000 feet of any school,
licensed day care center, park, or playground; or b) within 1,000 feet of any designated public
school bus stop, place of worship which provides regular educational programs (i.e. Sunday
school), or other places where children are known to congregate.
Subd. 2 Prohibited activity. It is unlawful for any designated offender to participate in a
holiday event involving children under 18 years of age, such as distributing candy or other
items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas,
or wearing an Easter Bunny costume on or preceding Easter. Holiday events in which the
offender is the parent or guardian of the children involved, and no non-familial children are
present, are exempt from this paragraph.
Subd. 3 Measurement of distance.
A. For purposes of determining the minimum distance separation, the requirement shall be
measured by following a straight line from the outer property line of the permanent
residence or temporary residence to nearest outer property line of a school, designated
public school bus stop, day care center, park, playground, place of worship, or other
place where children regularly congregate.
B. The City Clerk shall maintain an official map showing prohibited locations as defmed
by this Ordinance. The Clerk shall update the map at least annually to reflect any
changes in the location of prohibited zones.
Subd. 4 Penalties. A person who violates this section shall be punished by a fine not
exceeding $1,000.00 or by confinement for a term not exceeding 90 days, or by both such
fine and confinement. Each day a person maintains a residence in violation of this ordinance
constitutes a separate violation.
Subd. 5 Exceptions. A designated offender residing within a prohibited area as described in
(540.003 Subd. 1) does not commit a violation of this section if any of the following apply:
A. The person established the permanent residence or temporary residence and reported
and registered the residence pursuant to Minnesota Statute ~ 243.166, ~ 243.167, or
successor statute, prior to February 13, 2006.
B. The person was a minor when he/she committed the offense and was not convicted as
an adult.
C. The person is a minor.
D. The school, designated public school bus stop or day care center within 2,000 feet of
the persons permanent residence was opened after the person established the permanent
residence or temporaty residence and reported and registered the residence pursuant to
Minnesota Statute ~ 243.166 or ~ 243.167.
Page 2 of3
E. The residence is also the primary residence of the person's parents, grandparents,
siblings, spouse, or children.
F. The residence is a property owned or leased by the Minnesota Department of
Corrections.
540.004. Property Owners Prohibited From Renting Real Property To Certain Sexual Offenders
And Sexual Predators; Penalties.
Subd. 1 It is unlawful to let or rent any place, structure, or part thereof, trailer or other
conveyance, with the knowledge that it will be used as a pennanent residence or temporary
residence by any person prohibited from establishing such pennanent residence of temporary
residence pursuant to this Chapter, if such place, structure, or part thereof, trailer or other
conveyance, is located within a prohibited location zone described in Section (540.003 Subd.
1).
Subd. 2 A property owner's failure. to comply with provIsions of this Section shall
constitute a violation of this Section, and shall subject the property owner to the code
enforcement provisions and procedures as provided in Chapter 5 of this Code, including the
provisions of Chapter 5 that allow the City to seek relief as otherwise provided by law.
Subd.3 If a property owner discovers or is infonned that a tenant is a designated offender
after signing a lease or otherwise agreeing to let the offender reside on the property, the
owner or property manager may evict the offender.
540.004 Severability.
Should any section, subdivision, clause or other provision of this Ordinance be held to be
invalid by any court of competent jurisdiction, such decision shall not affect the validity of
the Ordinance as a whole, or of any part thereof, other than the part held to be invalid.
ADOPTED BY THE CITY COUNCIL ON FEBRUARY 13, 2006
PUBLISHED ON FEBRUARY 22, 2006
Michael D. Buchite, Mayor
ATTEST:
Jo Everson, Clerk-Treasurer
Page 3 of3
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AND SEXUAL PREDATORS FROM RESIDING.
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~ ~ PHONE: (65t) 480-2000 I FILE NO.
~~ ~ TAYLOR FALLS, SEXUAL OFFEI'DER'S AND SEXUAL PREDATOR'S TF ALLS9901
~~ 3535 VADNAIS conut DIll.
. i SEH ST. PNJl.. NN "110 MINNESOTA PROHBITED AREA OF RESlENCE I DAlE
. ~ 2/01/06
243.1606
CORRECTIONS; ADULTS
executive committee as described in section 243.1605 for the preceding year. The re also
must include an assessment of how the interstate compact is functioning bo Ithin and
without the state.
Subd. 4. Expiration; expenses. The provisions of section 15.05
except that it does not expire.
History: 2002 c 268 s 2,8; 2004 c 155 s 2; 2005 c 136
243.1607 INTERSTATE ADULT OFFENDER
MINISTRATOR.
(a) The commissioner of corrections or
compact administrator.
(b) In addition to fulfilling the d . es of compact administrator as described in the com-
pact and under the rules and byla adopted to it, the compact administrator shall serve on
the Advisory Council on rstate Adult Offender Supervision described in section
243.1606. The compact a mistrator shall cooperate with the council and report to it regu-
larly on all aspects of state's participation in the compact.
(c) The com t administrator shall assess and collect fines, fees, and costs from any
state or local e ty deemed responsible by the compact administrator for a default as deter-
mined by interstate commissioner under section 243.1605, article XII, section B.
. tory: 2002 c 268 s 3,8; 2004 c 155 s 2
.1608 MS 2004 [Repealed, 2002 c 268 s 7]
243.161 RESIDING IN MINNESOTA WITHOUT PERM
STATE COMPACT; PENALTY.
Subdivision 1. MS 2004 [Repealed, 2002 c 2 ]
Subd. 2. Violation of Compact for Ad ffender Supervision. Any person who is
on parole, probation, or other form of c tional supervision in another state who resides in
this state in violation of the terms les of the interstate Compact for Adult Offender Su-
pervision described in seetio 3.1605 may be sentenced to imprisonment for not more than
five years or to payme f a fine of not more than $10,000, or both.
History: 1 c 239 art 9 s 19; 2002 c 268 s 5
243.162 pealed, 2005 c 136 art 13 s 20]
24. 5 Re ealed, 1993 c 326 art 10 s 18]
243.166 REGISTRATION OF PREDATORY OFFENDERS.
Subdivision 1. [Repealed, 2005 c 13 art s
Subd. la. 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 "confmement" 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 mail-
ing address is different from the actual location of the dwelling, primary address also in-
cludes the physical location of the dwelling described with as much specificity as possible.
(h) "School" includes any public or private educational institution, including any sec-
ondary school, trade, or professional institution, or institution of higher education, that the
person is enrolled in on a full-time or part-time basis.
8088
(i) "Secondary address" me.am
larly or occasionally stays ovemIgh
mailing address is differ~nt from th
eludes the physicallocatlon of the
(j) "Treatment facility" me~~
division 1, and residential ch.emIca
censed under chapter 245A, mclud
ly assisted by any department or a
(k) "Work" includes emploYI
ceeding 14 days or for an aggrega
year, whether f~ancially compens
ucational benefIt.
Subd. lb. Registration reqI
(1) the person was charged "':
late, or aiding, abetting, or conspl
adjudicated delinquent for that of
cumstances:
(i) murder under section 60'
(ii) kidnapping under sectio
(iii) criminal sexual condl
609.3451, subdivision 3; or 609.
(iv) indecent exposure und-
(2) the person was charged
aiding, abetting, or conspirac~ to
subdivision 2; soliciting a mmOl
609.324; soliciting a minor to en
a minor in a sexual performance
work involving a minor in viola
linquent for that offense or ano'
(3) the person was sentencl
vision 3a; or
(4) the person was convic
court martial, violating a law 0
Justice, similar to the offenses
(b) A person also shall reo
(1) the person was convicl
that would be a violation of a
(2) the person enters this
remains for 14 days or longer:
(3) ten years have not ela
person was not confmed, since
offense that triggers registrati,
under the laws of another stat,
subject to lifetime registratiOl
If a person described in t1
er state or is subject to lifetim
gardless of when the person v
quent.
(c) A person also shall r'
to a court commitment ordeI
526.10, or a similar law of an
was convicted of any offens'
CORRECI10NS; ADULTS
243.166
. the preceding year. The report al'
act is functioning both within an:
,ection 15.059 apply to the counc
"
(i) "Secondary address" means the mailing address of any place where the person regu-
1 ly or occasionally stays overnight when not staying at the person's primary address. If the
ar iling address is different from the actual location of the place, secondary address also in-
~~des the physical location of the place described with as much specificity as possible.
C (j) "Treatment facility" means a residential facility, as defined in section 244.052, sub-
d'vision 1, and residential chemical dependency treatment programs and halfway houses Ii-
I nsed under chapter 245A, including, but not limited to, those facilities directly or indirect-
;; ~e assisted by any department or agency of the United States.
t Y (k) "Work" includes employment that is full time or part time for a period of time ex-
, eeding 14 days or for an aggregate period of time exceeding 30 days during any calendar
;: ~ear, whether f~ancially compensated, volunteered, or for the purpose of government or ed-
!'ucationa1 benefIt.
.' Subd. lb. Registration required. (a) A person shall register under this section if:
... -(1) the person was char ed with or titioned for a felon vi attem t to vi -
t'}ate, or at mg, a ettmg, or cons irac to commit an of the followin and convicted of or
;a JU tcate e mquent or that offense or another offense arising out of the same set 0 Clf..:;-
11 Cillnstances :
, (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, su division 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
ing, abetting, or conspiracy to commit false imprisonment in violation of section 609.255,
bdivision 2; soliciting a minor to engage in prostitution in violation of section 609.322 or
.324; soliciting a minor to engage in sexual conduct in violation of section 609.352; using
inor in a sexual performance in violation of section 617.246; or possessing pornographic
rk involving a minor in violation of section 617.247, and convicted of or adjudicated de-
quent for that offense or another offense arising out of the same set of circumstances;
(3) the nerson was sentenced as a nattemed sex offender under section 609.3455, subdi-
0-. . ___
136 art 13 s 4
JPERVISION COMPACT AV
sioner's designee shall serve
ninistrator as described in the co
mpact administrator shall serve 0
Supervision described in sectio!
th the council and report to it re',
Ipact. . .
lect fines, fees, and costs froni~
ldministrator for a default as dete'
1.1605, article XII, section B. "
PERMISSION UNDER INTER
']
~r Supervision. Any person whd
ision in another state who reside;"
te Compact for Adult Offender ~
j to imprisonment for not more
000, or both.
lde electronic home monitoring,;,
leans, with respect to a home
:pect to an unincorporated area"
(4) the person was convicted of or adjudicated delinquent for, including pursuant to a
martial, violating a law of the United States, including the Uniform Code of Military
'ce, 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
~tlwould be a violation of a law described in paragraph (a) if committed in this state;
t,:;
(2) the person enters this state to reside, work, or attend school, or enters this state and
. . s for 14 days or longer; and
,(3) ten years have not elapsed since the person was released from confmement or, if the
Rn was not confmed, since the person was convicted of or adjudicated delinquent for the
e that triggers registration, unless the person is subject to a longer registration period
J the laws of another state in which the person has been convicted or adjudicated, or is
g.!lCt to lifetime registration.
;If a person described in this paragraph is subject to a longer registration period in anoth-
.te or is subject to lifetime registration, the person shall register for that time period re-
ess of when the person was released from confmement, convicted, or adjudicated delin-
t.
,1(C) A person also shall register under this section if the person was committed pursuant
,0Urt commitment order under section 253B.185 or Minnesota Statutes 1992, section
.0, or a similar law of another state or the United States, regardless of whether the person
;bnvicted of any offense.
~NDERS.
unless the context clearly indicat
1 them.
:hension.
m lives under a formal or info '"
on 169.01, subdivision 2.
f the person's dwelling. If the
dwelling, primary address alsQ
'ith as much specificity as possib
onal institution, including any"
tution of higher education, that',
243.166
CORRECTIONS; ADULTS
8090
(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 of-
fenses 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 1 b, para-
graph (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 offend-
er registration form, the complaint, and sentencing documents to the bureau. If a person re-
quired to register under subdivision 1 b, 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 re-
quired to register under subdivision 1 b, 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 enforce-
ment 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
V at a new primary address, including living in another state, the person shall give written no-
tice 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 pri-
mary jurisdiction in the community where the person will live of the new address. If the per-
son 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 lb, paragraph (b), because the per-
son is working or attending school in Minnesota shall register with the law enforcement au-
thority 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 para-
graph within five days of beginning employment or school. A person's obligation to register
8091
under this paragraph terminates when the
Minnesota.
(d) A person required to register unt
of Minnesota shall register as a pre~ato
attends school. The person's correctlOn
corrections agent, the law enfor.cement
son's primary address shall notIfy the r
Subd. 3a. Registration procedufl
son leaves a primary address and doe~ n
ter with the law enforcement a~thonty
staying within 24 hours of the tIme th~
(b) A person who lacks a primar)
thority that has jurisdictio~ in the area'
ing the jurisdictio~..Each tIme a'perso~
tion without acqumng a ?e~ ~n~~ .
ment authority that has Junsd1ctIon 10
after entering the jurisdiction.
(c) Upon registering un~er this!
ment authority with all of the mform~l
sion 4a. However, instead of report1
scribe the location of where the pers
(d) Except as otherwise prov~de'
ry address, the person shall report m ]
ity with jurisdiction in the area whe~
between the hours of 9:00 a.m. and -
tration information required under Sl
ity, but the person shall ~n~o~ the;
this subdivision or subd1v1s10n 4a ~
(e) If the law enforcemen~ auth
unique circumstances, to requrre a ]
person as required under paragrapt
alternative reporting procedure. T
agent, if the person has one, i~ esta
subject to the following reqUlrem(
(1) the authority shall docum~
why the weekly in-person report1
(2) the authority shal~ expl~ir
lic safety objectives of th1s sectIO
(3) the authority shall requirf
least monthly to the authority or t
where the person shall report. If
would further public safety for.th'
jurisdiction where the person 1S !
ment authority, include this reql
(4) the authority shall requu
process required under paragrar
would be practical;
(5) the authority shall requ
mation provided under subdivi!
ments specified under paragraI
(6) the authority shall requ
3, paragraphs (b) and (c), if thl
8090
tly violation or attempt to violate
milar law of another state or the
, for a violation of any of the of-
mother state or the United States;
illness or mental deficiency after
: a trial for that offense, in states
ommitment order under section
ltes.
~ister under subdivision lb, parae
t disposition order, the court shall
that, if the person fails to comply
ffender may be made available to
ssible means. The court may not
:ntence or disposition order. The
ing that the duty of the person to
all forward the signed sex offend-
ents to the bureau. If a person re-
lS not notified by the court of the
losition, the assigned corrections
ection. When a person who is re-
d), is released from commitment,
lents of this section. The treatment
red under this section and forward
Ivided in subdivision 3a, a person
le corrections agent as soon as the
an assigned corrections agent or is
shall register with the law enforce-
son's primary address.
days before the person starts living
~, the person shall give written no-
as agent or to the law enforcement
, the person will be living in a new
.on shall also give written notice of
the new state. A person required to
the assigned corrections agent or to
rrea of the person's primary address
" immediately after the person is no
1gent or law enforcement authority
!ation, forward it to the bureau. The
N enforcement authority having pri-
I live of the new address. If the per-
ition authority in the new state of the
lder this section terminate after the
: confirmed the address in the other
one occasion.
lb, paragraph (b), because the per,
:gister with the law enforcement
works or attends school. In addition
on shall provide the address of the ..
\ person shall comply with this para-:
JOl. A person's obligation to register,
8091
CORRECTIONS; ADULTS
243.166
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 per-
son's primary address shall notify the person of this requirement.
Subd. 3a. Registration procedure when person lacks primary address. (a) If a per-
son leaves a primary address and does not have a new primary address, the person shall regis-
ter 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 au-
thority that has jurisdiction in the area where the person is staying within 24 hours after enter-
ing the jurisdiction. Each time a person who lacks a primary address moves to a new jurisdic-
tion without acquiring a new primary address, the person shall register with the law enforce-
ment 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 enforce-
ment authority with all of the information the individual is required to provide under subdivi-
sion 4a. However, instead of reporting the person's primary address, the person shall de-
scribe 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 prima-
ry address, the person shall report in person on a weekly basis to the law enforcement author-
ity 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 regis-
tration information required under subdivision 4a each time the offender reports to an author-
ity, 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) lithe 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 pub-
lic 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 enforce-
ment 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 infor-
mation provided under subdivision 4a and to comply with the periodic registration require-
ments specified under paragraph (t); and
(6) the authority shall require the person to comply with the requirements of subdivision
paragraphs (b) and (c), if the person moves to a primary address.
243.166
CORRECflONS; ADULTS
(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 annu-
ally, unless the person is required to register under subdivision Ib, 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 Ib,
paragraph (c), the person shall provide the law enforcement authority with all of the informa-
tion 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 for-
ward registration information and changes to that information to the bureau within two busi-
ness 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 per-
son, giving information required by the bureau, a fmgerprint card, and photograph of the per-
son taken at the time of the person's release from incarceration or, if the person was not incar-
cerated, at the time the person initially registered under this section. The registration infor-
mation 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 offi-
cer 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 1 b, paragraph (c), following com-
mitment 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 regis-
tration provided to the corrections agent or law enforcement authority must include the per-
son's offense history and documentation of treatment received during the person's commit-
ment. This documentation is limited to a statement of how far the person progressed in treat-
ment 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 re-
quired 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 re-
quired 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 re-
quired 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 per-
son to be photographed is: (i) committed to the commissioner of corrections and incarcer-
ated, (ii) incarcerated in a regional jailor 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 verifica-
tion 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,
8092
infonnation about the offender IT
puterized, or other accessible m.
the bureau shall mail an annual ..
offender most recently reported.
son at the next weekly meeting ~
returns it to the bureau.
(2) The person shall mail th
after receipt of the fonn, stating
dence and the other informatior
(3) In addition to the requir
level II or III under section 244.<
a registration offense, or a fail1
school in Minnesota, shall have
ity as provided in this section. Il
tact shall be with the law enforce
ry address or, if the person has
person does not reside in Minne
have an annual in-person conta,
risdiction over the person's schc
the person shall report to the au
and to be photographed. Within
tion as required by the bureau in
updated photograph of the pers
(4) If the person fails to m
within ten days after receipt of t
authority during the month of th
(5) For any person who fa
bureau within ten days after rea
III offender under section 244.(
law enforcement authorities to
with this section. The bureau aJ
this section to the law enforcerr
tered address or addresses.
For persons required to registeI
pursuant to a court commitmer
the United States, the bureau sl
persons who, under section 24L
der correctional supervision fo
reau shall comply with clause (
to register under this section, t
days of the anniversary date 0'
(f) When sending out a ve
to whom the verification fonn i
m paragraph (a). If the person
written consent form to the pel
this written consent form shall :
lion form.
Subd. 4a. Information rl
der this section shall provide t
lowing information:
(1) the person's primary
(2) all of the person's see
for residential or recreational
ld continues to report to the same
thority with all of the information
L and subdivision 4a at least annu-
ision lb, paragraph (c), following
ion 253B.185 or a similar law of
I to register under subdivision lb,
t authority with all of the infonna-
~n and subdivision 4a at least once
,n under this subdivision shall for-
:ion to the bureau within two busi-
ils to report a primary address will
d the person shall comply with the
ation provided to the corrections
:ment in writing signed by the per-
nt card, and photograph of the per-
tion or, if the person was not incar-
l1is section. The registration infor-
'Y the person allowing a treatment
,rmation to a law enforcement offi-
ment facility or residential housing
eniles may be maintained together
Lib, paragraph (c), following COffi-
;3B.185 or a similar law of another
required by this section, the regis-
ent authority must include the per-
eived during the person's commit-
'I far the person progressed in treat-
: or law enforcement authority shall
bureau shall ascertain whether the
in the area of the person's primary
where the person is staying, as re-
with the law enforcement authority,
ority may require that a person re-
:nt or authority to be photographed.
:he bureau.
mthority shall require a person re-
i a level III offender under section
'ery six months to be photographed.
,ly during any period where the per-
sioner of corrections and incarcer-
iii) committed to the commissioner
reatment facility.
er under this section, the following
3a the bureau shall mail a verifica-
fhi~ verification form must provide
n the verification form as required,
8092
CORRECIlONS; ADULTS
243.166
8093
infonnation about the offe.nder may be made available to the public through electronic, com-
puterized, 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 per-
son 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 fonn 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 resi-
dence 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 author-
ity as provided in this section. If the person resides in Minnesota, the annual in-person con-
tact shall be with the law enforcement authority that has jurisdiction over the person's prima-
ry 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 ju-
risdiction 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 informa-
tion 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 regis-
tered address or addresses.
For persons required to register under subdivision Ib, 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 un-
der correctional supervision for a registration offense or a failure to register offense, the bu-
reau 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 verifica-
tion fonn.
Subd. 4a. Information required to be provided. (a) A person required to register un-
der this section shall provide to the corrections agent or law enforcement authority the fol-
lowing' infonnation:
(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;
243.166
CO~ONS;ADULTS
8094
(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 pro-
vided 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 para-
graph (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 subdivi-
sion, "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 para-
graph (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 con-
taining 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 classifica-
tion assigned to the offender under section 244.052, if any; and (4) the profile of likely vic-
tims.
(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health care facili-
ty receives a fact sheet under paragraph (c) that includes a risk level classification for the of-
fender, 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 appropri-
ate 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 subdivi-
sion. The motion must be acc.omp,
; When presented with the motIon, ~
without regard to the mandato~ mr
ling reasons to do so. Sentencmg a
parture from the Sentencing Guidf
(e) A person convicted and se
probation, parole, discharge, work
that person has ser:ed the full te~
provisions of sectiOns 241.26, 24,
Subd. 5a Ten-year conditiO!
ers. Notwithstanding the statutory
any provision of the sentenc~ng gu
the commissioner of correctlons f(
the person was assigned to risk Ie
after the person has completed the
son on conditional release for ter
section 609.3455, subdivision 8.
Subd. 6. Registration perie
subdivision 1, and except as pro
register under this secti~n. ~hall
elapsed since the person lIDtlally .
tion, supervised release, or cond]
person required to register unde
253B.185, the ten-year registrat
(b) If a person required t~ r~
ry address as required by subd~v]
of subdivision 3a, fails to provld'
the verification form referenced
safety may require the person tl
This five-year period is added'
(c) If a person required to
lowing a conviction for a new 0
lease, or conditional release fo
years have elapsed since the pel
probation, supervised release, (
(d) A person shall contim
(1) if the person is convict
istration is required under sub<<
offense similar to the offenses I
tion or adjudication for an off(
under subdivision 1 b, or an of
fense described in subdivisior
(2) if the person is requirf
tion for an offense under sectic
the United States;
(3) ifthe person is requirl
tion 609.342, subdivision 1, ]
paragraph (a), (c), (d), (e), (f
609.345, subdivision 1, parag
States similar to the offenses
(4) if the person is requ
commitment pursuant to a c.
another state or the United S
8094
, leased, or rented by the person;
is employed;
s enrolled; and
ld color of all motor vehicles owned
I the information required to be pro-
days of the date the clause becomes
lY information reported under para-
n shall immediately inform the agent
: person leaves a primary address and
~gister as provided in subdivision 3a.
(a) For the purposes of this subdivi-
':
ding care home or supervised living
lOme under chapter 144A; or
lential facility under chapter 245A to
t, chemical dependency treatment to
mental disabilities.
Jerson required to register under this
he admission the person's status as a
does not have an assigned corrections
erson is currently required to register,
gent who receives notice under para-
ter under this section is planning to be
.ing health care at a health care facility
r a fact sheet to the administrator con-
cal description of the offender; (2) the
onviction; (3) the risk level classifica-
f any; and (4) the profile oflikely vic-
l44.50 to 144.58, if a health care facili-
les a risk level classification for the of-
lity shall distribute the fact sheet to ~l
istribution to a resident is not appropn-
I status, the facility shall distribute the
ontact.
red to register under this section who
mally provides false information to a
oureau is guilty of a felony and may be
ars or to payment of a fine of not more
m convicted of violating paragraph (a)
~r of corrections for not less than a year
), who has previously been convicted of
r a similar statute of another state or the
he commissioner of corrections for not
.or may file a motion to have the per~o.n
m sentence established by this subdlVl-
8095
CORRECTIONS; ADULTS
243.166
sion. 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 fmds substantial and compel-
ling reasons to do so. Sentencing a person in the manner described in this paragraph is a de-
parture 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 In offend-
ers. 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 per-
son 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 proba-
tion, 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 prima-
ry 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 fol-
lowing a conviction for a new offense or following a revocation of probation, supervised re-
lease, 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 reg-
istration is required under subdivision 1b, or any offense from another state or any federal
offense similar to the offenses described in subdivision 1 b, and the person has a prior convic-
tion or adjudication for an offense for which registration was or would have been required
under subdivision 1 b, or an offense from another state or a federal offense similar to an of-
fense described in subdivision 1 b;
(2) if the person is required to register based upon a conviction or delinquency adjudica-
tion 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 sec-
tion 609.342, subdivision 1, paragraph (a), (c), (d), (e), (t), or (h); 609.343, subdivision 1,
paragraph (a), (c), (d), (e), (t), 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 1 b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar law of
another state or the United States.
243.166
CORRECTIONS; ADULTS
(e) A person described in subdivision lb, paragraph (b), who is required to register un-
der the laws of a state in which the person has been previously convicted or adjudicated delin-
quent, 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 defmed in section 246.014, are also autho-
rized 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 offend-
ers 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 in-
formation 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 infor-
mation 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 request-
ing the bureau to treat information about the offender as private data, consistent with subdivi-
sion 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 in-
formation 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 subdivi-
sion, 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 sec-
tion 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 per-
son 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 offend-
er'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 as-
signed, if any.
(d) The bureau must forward all information it receives regarding offenders covered un-
der this subdivision from sources other than the commissioner of corrections to the commis-
SlOner.
$l"f}7
.; (e) When the bureau receives infon:nati'
'~ ns agent or law enforcement agency m aI
no ' . M' th bt
this section is movmg to mnes?t.a,. e .
. sub)' ect to community notlflcatlOn 11
state is .
been assigned, if any.
(f) When the bureau learns that a pe~So]
t from another state or has moved mt
neSOa . 'h'
notify the law enforce~ent au~onty WltmJ
dress and provide all mformatlOn conce
( ) The commissioner of corrections
'. d'~onal release status of persons who:
7~~ 1 If the commissioner determines tho
ViSion. d
onditional release in another state an
orc .' shal
interstate compact, the C0l11f!11ss10ner
person is in violation of sectlOn 243.161. ]
commissioner shall notify the bureau an<
status.
Subd. 10. [Repealed, lSp2001 c 8
Subd.10.Venue;aggregation.(a)
jurisdiction where an offense takes p1ac(
tion where the person last registered a f
case for prosecution.
(b) When a person commits two 0:
may be prosecuted for all of the offense~
mitted.
Subd. 11. Certified copies as evi~
tion records are admissible as substantJ
of a violation of this section.
History: 1991 c 285 s 3; 1993 c
c 1 art 3 s 1,2; 1995 c 226 art4 s 3;.
c 367 art 3 s 1-3; art 6 s 15; 1999 c
2000 c 260 s 28; 2000 c 311 art 2 s 1
c 116 s 2; lSp2003 c 2 art 8 s 4,5; 21
2,3; 2006 c 260 art 3 s 7-10; 2006 (
243.167 REGISTRATION UNDl
nON LAW FOR OTHER OFFE
Subdivision 1. Definition. As
violation of any of the following or
tion 609.165; 609.185; 609.19; 61
609.2231; 609.224, subdivision 2 0
division l' 609.25; 609.255; 609.3L
division i; or 617.23, subdivisioJ
609.377; 609.749; or 624.713.
Subd. 2. When required. (a)
son also shall register under sectil
(1) the person is convicted 0
(2) the person was previom
listed in section 243.166 but was!
tion requirements of that section <
mitted or at the time the person '
8096
I, who is required to register un-
y convicted or adjudicated delin-
:}uired by the state of conviction
where in this section.
I in subdivision 7a or sections
.n is private data on individuals
i only for law enforcement and
section 246.014, are also autho-
n section 246.13, subdivision 2,
rho are out of compliance with
ilable to the public about offend-
npliance with this section for 30
or secondary addresses. This in-
~ctronic, computerized, or other
e available is limited to the infor-
in locating the offender.
section after the bureau discloses
ten request to the bureau request-
'ate data, consistent with subdivi-
lice reasonable action to treat the
rement that the offender provide
ly notify the offender that the in-
,and the reasons for the bureau's
: about the offender is inaccurate
section 13.04, subdivision 4.
ability that might otherwise arise,
I made public under this subdivi-
e state accepts an offender from
state compact authorized by sec-
43.1605, or under any authorized
,ffender agreeing to register under
, the commissioner of corrections:
enforcement authority that a per-
gistered with the authority, unless
'ender from the commissioner of
t, or law enforcement agency in
state who is subject to this section
state is in Minnesota and allegedly
: bureau of an out-of-state offend"
infonnation on whether the person
, the risk level the person was as"
~s regarding offenders covered un-
oner of corrections to the cornmis-
8097
CORRECflONS; ADULTS
243.167
(e) When the bureau receives infonnation directly from a registration authority, correc-
tions 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.
(t) When the bureau learns that a person subject to this section intends to move into Min-
nesota from another state or has moved into Minnesota from another state, the bureau shall
notify the law enforcement authority with jurisdiction in the area ofthe person's primary ad-
dress and provide all infonnation concerning the person that is available to the bureau.
(g) The commissioner of corrections must detennine the parole, supervised release, or
conditional release status of persons who are referred to the commissioner under this subdi-
vision. If the commissioner detennines 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 infonn 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, lSp200l 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 jurisdic-
tion 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 com-
mitted.
Subd. 11. Certified copies as evidence. Certified copies of predatory offender registra-
tion 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; ISp1994
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
c367 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; ISp2001 c 8 art 9 s 1-4; 2002 c 222 s 1; 2003
c 116 s 2; ISp2003 c 2 art 8 s 4,5; 2005 c 136 art 3 s 8; art 5 s 1; ISp2005 c 4 art 1 s
2,3; 2006 c 260 art 3 s 7-10; 2006 c 260 art 1 s 47
243.167 REGISTRATION UNDER THE PREDATORY OFFENDER REGISTRA-
TION LAW FOR OTHER OFFENSES.
bdivision 1. Definition. As used in this section, "crime against the person" means a
violatio f any of the following or a similar law of another state or of the United Stat . sec-
tion 609.1 . 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 6 ; 609.223;
609.2231; 609. 4, subdivision 2 or 4; 609.2242, subdivision 2 or 4' .235; 609.245, sub-
division 1; 609.2 ; 09.255; 609.3451, subdivision 2; 609.49 division 1; 609.582, sub-
division 1; or 617.2 , ubdivision 2; or any felony- el violation of section 609.229;
609.377; 609.749; or 62. 3.
Subd. 2. When required. In addif
son also shall register under sectio
(1) the person is convicted against the person; and
(2) the person was p. lOusly convicte f or adjudicated delinquent for an offense
listed in section 243.1 ut was not required to r ister for the offense because the registra-
tion requirements at section did not apply to the son at the time the offense was com-
mitted or at th me the person was released from imp nment.
244.05
CRIMlNAL SENTENCES, CONDmoNs, DURATION, APPEALS
8118
health costs are likely to be borne by medical assistance, Medicaid, general assistance medi-
cal care, veteran's benefits, or by any other federal or state medical assistance programs or by
the inmate. Conditional medical release is governed by provisions relating to supervised re-
lease except that it may be rescinded without hearing by the commissioner if the offender's
medical condition improves to the extent that the continuation of the conditional medical re-
lease presents a more serious risk to the public.
History: 1978 c 723 art 1 s 5; 1983 c 274 s 7; 1984 c 381 s 3; 1986 c 444; 1989 c
290 art 2 s 5-7; art 4 s 4,5; 1990 c 568 art 2 s 32; 1991 c 258 s 1; 1992 c 571 art 1 s
3-7; art 2 s 5,6; art 3 s 3; art 11 s 3; 1993 c 326 art 4 s 5,6; art 8 s 9; art 9 s 5; 1994 c
636 art 6 s 13; ISp1994 c 1 art 2 s 22; 1997 c 239 art 9 s 25; 1998 c 367 art 3 s 4; art 6 s
15; 1999 c 126 s 9; 2002 c 273 s 1; 2005 c 10 art 1 s 40,41; 2005 c 136 art 2 s 2-4; art 3
s 10,11; 2006 c 260 art 1 s 47
244.051 EARLY REPORTS OF MISSING OFFENDERS.
All programs serving inmates on supervised release following a prison sentence shall
notify the appropriate probation officer, appropriate law enforcement agency, and the De-
partment of Corrections within two hours after an inmate in the program fails to make a re-
quired report or after program officials receive information indicating that an inmate may
have left the area in which the inmate is required to remain or may have otherwise violated
conditions of the inmate's supervised release. The Department of Corrections and county
corrections agencies shall ensure that probation offices are staffed on a 24-hour basis or
make available a 24-hour telephone number to receive the reports.
History: 1992 c 571 art 11 s 4
PREDATORY OFFENDERS
G052 PRROATORY OFFENDERS; NOTICR~
Subdivision 1. Definitions. As used in this section:
(1) "confmement" means confmement in a state correctional facility or a state treatment
facility;
(2) "immediate household" means any and all individuals who live in the same house-
hold as the offender;
(3) "law enforcement agency" means the law enforcement agency having primary juris-
diction 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 de-
fmed 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)" redat " and "offender" mean a erson who is re uired to re iste
ed offende nde 43.166. However the mc
quired to register based solely on a delinQuencv 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 correc-
tions shall establish and administer end-of-confinement review committees at each state
correctional facility and at each state treatment facility where predatory offenders are con-
fined. The committees shall assess on a case-by-case basis the public risk posed by predato-
ry 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:
-
8119
(I) the chief exec
offender is currently c
(2) a law enforce
(3) a treatment pI
(4) a caseworker
(5) a victim's ser
Members of the ,
shall be appointed by
head of the facility or I
staff, as needed, to ad
sources, and prepare r
(c) The committe
for the purposes of its:
tion upon administrati
(1) private medic:
13.46 that relate to me
(2) private and c(
(3) private and c(
(4) private crimir
Data collected an
closed outside the con
The predatory offende
committee, unless the
(d) (i) Except as 0
predatory offender is tl
convene the appropriat
the risk presented by tl
be assigned under para
sponsible for the charg,
committee's meeting.'
law enforcement agenc
level to the chair of the
graph (g) and the risk:
fender's risk assessmeJ
ment shall be assessed
to be released.
(ii) If an offender.
ing in the offender's tt
regularly scheduled en
ate documentation for 1
shall make reasonable
signed or reassigned a1
(iii) If the offende
division 3 or 4, the cor:
fmement review comrr
prisonment has been Sf
than nine months rema
served, the committee:
practicable.
(iv) If the offende
notify the appropriate t
fender's previously del
Il1issioner shall make To
'EALS
:dicaid, general assistance medi-
edical assistance programs or by
risions relating to supervised re-
: commissioner if the offender's
)n of the conditional medical re-
'381 s 3; 1986 c 444; 1989 c
258 s 1; 1992 c 571 art 1 s
'j; art 8 s 9; art 9 s 5; 1994 c
25; 1998 c 367 art 3 s 4; art 6 s
7; 2005 c 136 art 2 s 2-4; art 3
RS.
)llowing a prison sentence shall
Iforcement agency, and the De-
I the program fails to make a re-
a indicating that an inmate may
or may have otherwise violated
nent of Corrections and county
e staffed on a 24-hour basis or
reports.
tS
tional facility or a state treatment
lalS who live in the same house-
ent agency having primary juris-
[de upon release;
j as a residential program, as de-
;ioner of human services under
ection 241.021, whose staff are
1 who is required to register as a
~rms do not include persons re-
on.
the commissioner of corrections
: to the various risk factors listed
to which offenders with various
is scale, the commissioner shall
law enforcement officials, and
a) The commissioner of correc-
'eview committees at each state
~re predatory offenders are con-
the public risk posed by predato-
at.
ld shall consist of the following
8118
8119
CRIMINAL SENTENCES, CONDmONS, DURATION, APPEALS
244.052
(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 determina-
tion 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 dis-
closed 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 confmement, the commissioner of corrections shall
convene the appropriate end-of-confmement 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 re-
sponsible for the charge resulting in confmement 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 para-
graph (g) and the risk assessment scale developed under subdivision 2 to determine the of-
fender's risk assessment score and risk level. Offenders scheduled for release from confine-
ment 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 confmement in a facility with less than 90 days remain-
ing in the offender's term of confinement, the offender's risk shall be assessed at the first
regularly scheduled end of confmement review committee that convenes after the appropri-
ate 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 as-
signed 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, sub-
division 3 or 4, the commissioner of corrections shall convene the appropriate end-of-con-
fmement review committee at least nine months before the offender's minimum term of im-
prisonment has been served. If the offender is received for confmement 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-confmement review committee that it needs to review the of-
fender's previously determined risk level at its next regularly scheduled meeting. The com-
missioner shall make reasonable efforts to ensure that the offender's earlier risk level deter-
244.052
CRIMINAL SENTENCES, CONDmONS, DURATION, APPEALS
mination 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 confmement.
(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 as-
sign to risk level III an offender whose risk assessment score indicates a high risk of reof-
fense.
(f) Before the predatory offender is released from confmement, the committee shall pre-
pare 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 of-
fender and to the law enforcement agency at least 60 days before an offender is released from
confmement. 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 follow-
ing factors:
(I) the seriousness of the offense should the offender reoffend. This factor includes con-
sideration 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 follow-
mg:
(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 consid-
eration of the following:
(i) the availability and likelihood that the offender will be involved in therapeutic treat- .
ment;
(ii) the availability of residential supports to the offender, such as a stable and super-
vised 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
8120
8121
CRIMINA
(6) whether the offender dem
reoffense, including but not limited
dition.
. (h) Upon the request of the la\
the commissioner may reconvene
pose of reassessing the risk level to
In a request for a reassessment, the
charge resulting in confinement 01
the initial assignment or facts and e
not considered by the committee 1
sessment. The request for reassessI
days of receipt of the report indicf
corrections agent, in consultation v
offender resides or intends to resiC
stantial evidence exists that the oft
finement review committee. This I
ment failures or completions, evid
lack of appropriate adjustment, ev
the offender or mitigating circum~
tion, or other practical situations aJ
while under supervision. Upon re'
mittee may reassign an offender 1
higher risk level, the offender has
under subdivision 6.
(i) An offender may request 1
offender's assigned risk level afteJ
assessment and may renew the rec
a request for reassessment, the off
strate that the offender no longer p
a request for a risk level reductio
pliance with supervised release c
programming, and full complian(
243.166. The offender must also r
or misdemeanor offenses subseq\
mittee shall follow the process 01
fender who is incarcerated may r
(j) Offenders returned to pris
risk reassessment by the end-of~
indicates that the offender's risk
(k) If the committee assigns
detennine whether residency rest
release based on the offender's p
Subd. 3a. Offenders from I
ties. (a) Except as provided in p.
confmement review committee t
(I) to offenders who are relc
federal correctional facility in ar
(2) to offenders who are acce
rized by section 243.16 or 243.1
(3) to offenders who are ref
under paragraph (f).
(b) This subdivision does 01
ment review committee for a per
PEALS
8120
.signed at least 60 days before the
)rt to the offender and to the law
released from confinement.
""y offender whose risk assessment
I assign to risk level II an offender
eoffense. The committee shall as-
:ore indicates a high risk of reof-
fmement, the committee shall pre-
el to which the offender has been
lssessment decision. Except for an
ion 609.3455, subdivision 3 or 4,
tee shall give the report to the of-
Jefore an offender is released from
sentence and has not yet served the
lall give the report to the offender
ender is fIrst eligible for release. If
s described in paragraph (d), item
:nforcement agency as soon as it is
of the availability of review under
~s, but is not limited to, the follow-
reoffend. This factor includes con-
Ilcludes consideration of the follow-
;tory;
)r offense while the offender was at
acts;
Ides consideration of the following:
ts; and
ffender. This factor includes consid-
will be involved in therapeutic treat- .
)ffender, such as a stable and super-
IS, including the nature and length of
lder may receive from these persons;
ent stability;
evidence in the record indicates that
lity; and
CRIMINAL SENTENCES, CONDmONS, DURATION, APPEALS
8121
244.052
(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 con-
dition.
(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 pur-
pose 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 reas-
sessment. 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 sub-
stantial evidence exists that the offender's risk level should be reviewed by an end-of-con-
fmement review committee. This evidence includes, but is not limited to, evidence of treat-
ment 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 notifIca-
tion, 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-confmement review com-
mittee 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 detennination
under subdivision 6.
(i) An offender may request the end-of-confmement 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 demon-
strate 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 com-
pliance 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 com-
mittee shall follow the process outlined in paragraphs (a) to (c) in the reassessment. An of-
fender 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-confmement 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 ill, the committee shall
detennine 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 facili-
ties. (a) Except as provided in paragraph (b), the commissioner shall establish an end-of-
confmement 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 autho-
rized 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 (t).
(b) This subdivision does not require the commissioner to convene an end-of-confme-
ment review committee for a person coming into Minnesota who is subject to probation un-
244.052
CRIMINAL SENTENCES, CONDmONS, DURATION, APPEALS
der 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 ap-
plied to offenders released from a Minnesota correctional facility and shall collect all rele-
vant information and records on offenders assessed and assigned a risk level under this subdi-
vision. 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 para-
graph.
The end-of-confinement review committee must proceed in accordance with all re-
quirements set forth in this section and follow all policies and procedures applied to offend-
ers 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 na-
ture 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 as-
signed 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 busi-
ness 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, para-
graph (b), unless the requirements of paragraph (f) have been met. If an assessment is re-
quested from the end-of-confmement review committee under paragraph (f), the local law
enforcement agency may continue to disclose information under subdivision 4 until the com-
mittee 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 enforce-
ment shall be consistent with the risk level assigned by the end-of-confmement review com-
mittee. The commissioner of corrections, in consultation with legal advisers, shall detennine
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 au-
thorized under paragraph (e), the law enforcement agency may request that an end-of-con-
finement 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 re-
ferred 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 (0,
that is relevant and necessary to protect the public and to counteract the offender's danger-
ousness, consistent with the guidelines in paragraph (b). The extent of the information dis-
closed and the community to whom disclosure is made must relate to the level of danger
8122
CRIMIN)
posed by the offender, to the offend
munity members for information t
(b) The law enforcement agel
the scope of disclosure made unde
(1) if the offender is assigned
garding the offender within the ag
cies. Additionally, the agency may
the offense committed by the offer
of the offense committed by the 01
bers of the offender's immediate 1
(2) if the offender is assigned
lion to agencies and groups that the
those institutions and protecting in
ises of the institution. These ageD>
private educational institutions, d~
tions that primarily serve individua
may disclose the information to ine
the offender. The agency's belief sl
tim preference as documented in t]
or human services;
(3) if the offender is assigned
to the persons and entities describe
munity whom the offender is likel
mines that public safety would be
closure is necessary to protect the
Notwithstanding the assignm
forcement agency may not make tl
the offender is placed or resides in
resides in a residential facility, th(
offender's likely residence upon I
notify the commissioner of correct
er's likely residence at least 14 da'
missioner shall give this informati;
the offender's likely residence. Th
missioner of corrections or huma)
approved relocation plan to a perm
fication, the appropriate commissi
all relevant information the comll'
tion on the risk factors in the offer
assigned. After receiving this info
closures permitted or required by
(c) As used in paragraph (b),
(1) the organizations or comn
location where the offender lives,
visit on a regular basis, other thai
gram; and
(2) the types of interaction,
~tances indicate that contact with
;;' (d) A law enforcement agenc
Slon shall make a good faith effort
firmed address from the Departm
.'. '.has been, released from confinemc
dress and will reside at the address
Cation provision does not require
EALS
8122
;er and law enforcement officer
, subdivision 8.
lform to the same timelines ap-
acility and shall collect all rele-
ned a risk level under this subdi-
,st serious risk level by another
nation required under this para-
Iceed in accordance with all re-
ld procedures applied to offend-
wing information and assessing
:ss restrictions caused by the na-
nce. All of the provisions of this
risk level under this subdivision.
ts that a person who is subject to
een assigned to the person under
lis information to the Bureau of
lUS within three business days.
n from a local law enforcement
ving in Minnesota and a local law
determine if the person was as-
If the commissioner determines
commissioner, within three busi-
nforcement agency that it may, in
I under subdivision 4 based on the
mer concludes that the offender is
lparable to this section, the extent
fender under subdivision 4, para-
been met. If an assessment is re-
llnder paragraph (t), the local law
under subdivision 4 until the com-
assigns a risk level to an offender
mation disclosed by law enforce-
end-of-confmement review com-
lith legal advisers, shall determine
:tion.
ce a broader disclosure than is au-
I may request that an end-of-con-
~nder. The local law enforcement
~nceming the offender's criminal
d other relevant information. The
ant to determining which risk level
,ign a risk level to an offender re-
nformation to public. (a) The law
~nder resides, expects to reside, is
Jlic any information regarding the
under subdivision 3, paragraph (f),
) counteract the offender's danger-
The extent of the information dis-
must relate to the level of danger
8123
CRIMINAL SENTENCES, CONDmONS, DURATION, APPEALS
244.052
posed by the offender,. to the o~ender's pattern of ?~en~iJ.1g behavior, and ~o the need of com-
munity members for mformatlOn to enhance theIr mdlvldual 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 re-
garding the offender within the agency and may disclose it to other law enforcement agen-
cies. 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 mem-
bers of the offender's immediate household;
(2) if the offender is assigned to risk level II, the agency also may disclose the informa-
tion 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 prem-
ises of the institution. These agencies and groups include the staff members of public and
private educational institutions, day care establishments, and establishments and organiza-
tions 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 vic-
tim 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 com-
munity whom the offender is likely to encounter, unless the law enforcement agency deter-
mines that public safety would be compromised by the disclosure or that a more limited dis-
closure is necessary to protect the identity of the victim.
Notwithstanding the assignment of a predatory offender to risk level II or III, a law en-
forcement 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 offend-
er's likely residence at least 14 days before the offender's scheduled release date. The com-
missioner 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 com-
missioner 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 noti-
fication, the appropriate commissioner shall give to the appropriate law enforcement agency
all relevant information the commissioner has concerning the offender, including informa-
tion 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 dis-
closures 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 pro-
gram; and
(2) the types of interaction which ordinarily occur at that location and other circum-
stances indicate that contact with the offender is reasonably certain.
(d) A law enforcement agency or official who discloses information under this subdivi-
sion shall make a good faith effort to make the notification within 14 days of receipt of a con-
firmed 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 ad-
dress and will reside at the address indicated. If a change occurs in the release plan, this notifi-
cation provision does not require an extension of the release date.
244.052
CRIMINAL SENTENCFS, CONDmONS, DURATION, APPEAlS
8124
(e) A law enforcement agency or official who discloses information under this subdivi-
sion shall not disclose the identity or any identifying characteristics of the victims of or wit-
nesses 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 correc-
tions 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 ad-
dress 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 dif-
ferent approaches based on the prevalence of non-English languages in different neighbor-
hoods.
(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 of-
fender 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 oth-
er than the person's children, the principal or head of the entity must notify parents with chil-
dren at the facility of the contents of the notice received pursuant to this section. The immuni-
ty provisions of subdivision 7 apply to persons disclosing information under this paragraph.
Subd. 4a. Level ill offenders; location of residence. (a) When an offender assigned to
risk level III is released from confmement 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 resi-
dence 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 apart-
ment 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 facil-
ity. (a) The law enforcement agency in the area where a health care facility is located shall
8125
CRIMINAl
disclose the registrant status of any
the health care facility if the registl
(b) As used in this section, "1
censed under sections 144.50 to 14
tion 144A.02, or a group residentia
developmentally disabled licensed
Subd. 5. Relevant informatio
a predatory offender is released frO!
partment of Human Services, in t:
253B.185 or Minnesota Statutes 1
agency that investigated the offenc
forcement agency having primary
vant information that the departme
on risk factors in the offender's hi:
proved release plan from the hearir
to the law enforcement agency havi
all relevant information the depart]
on risk factors in the offender's hiSl
If the offender's risk level was assi
paragraph (d), item (ii), the appropJ
relevant information that the depar
on the risk factors in the offender's
risk level assignment or reassignn
Subd. 6. Administrative rev;
or III under subdivision 3, paragra]
an end-of-confinement review cc
must exercise this right within 14
notifying the chair of the committ
the chair shall notify: (1) the offen<
have requested disclosure or their (
the offender's crime of convictiO!
primary jurisdiction where the of
having jurisdiction where the offe
been approved by the hearings ant
other individuals the chair may sel
A request for a review hearing sha
subdivision 4 or 5, unless the ad
shown.
(b) An offender who request:
to prepare for the hearing. The rE
administrative law judge. The re'v
in which the offender is currently
ministrative law judge shall deten
The offender has the burden of pI
end-of-confinement review com
attorney general or a designee sh2
tennination. The offender has thl
hearing, to present evidence in s
nesses and to cross-examine witl
tion. Counsel for indigent offend(
state public defender's office.
(c) Mter the hearing is concJ
end-of-confinement review com
based on this decision, shall eithe
PEALS
8124
s information under this subdivi-
:::teristics of the victims of or wit-
lse information on an offender as
~equired to register under section
I continue to disclose information
and is registering under section
nation on an offender assigned to
Jrm the commissioner of correc-
information to the commissioner
,sioner shall post this information
II'hen information disclosed under
n to English. The policy may ad-
g, or both in additional languages
I. The policy may provide for dif-
I languages in different neighbor-
ification meeting held pursuant to
program that primarily educates or
e (3), that a level ill predatory of-
lotice to parents must be made as
led in the notice is participating in
~rson to interact with children oth-
ltity must notify parents with chil-
rsuant to this section. The immuni-
information under this paragraph.
. (a) When an offender assigned to
facility to reside in the community
'elease, the agency responsible for
e proximity of the offender's resi-
schools and, to the greatest extent
ders and concentration of level m
~l, lodging establislunent, or apart-
1ges or provides shelter for victims
not knowingly rent rooms to both
lille time. If the owner or property
sing to domestic abuse victims and
r after signing a lease or otherwise
nay evict the offender.
, of information on Internet. The
~ Internet Web site and post on the
ill forwarded by law enforcement
lation must be updated in a timely
Id maintained for the period of time
tion as a level ill offender.
information to a health care fadl-
health care facility is located shall
CRIMINAL SENTENCES, CONDmONS, DURATION, APPEALS
8t25
244.052
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 li-
censed under sections 144.50 to 144.58, a nursing home licensed to serve adults under sec-
tion 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 confmement, the Department of Corrections or the De-
partment 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 en-
forcement agency having primary jurisdiction where the offender was committed, all rele-
vant 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 ap-
proved 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 ill 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 confmed. If the offender no longer is incarcerated, the ad-
ministrative 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-confmement review committee's de-
termination. 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 wit-
nesses and to cross-examine witnesses testifying in support of the committee's determina-
tion. Counsel for indigent offenders shall be provided by the Legal Advocacy Project of the
state pubiic 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.
244.052
CRIMINAL SENlENCES, CONDmONS, DURATION, APPEALS
The judge's decision shall be in writing and shall include the judge's reasons for the decision.
The judge's decision shall be [mal 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 administra-
tive 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 sec-
tion.
(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 infor-
mation 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 dis-
closure 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
RELEASE AND DISCHARGE
244.053 NOTICE OF RELEASE OF CERTAIN OFFENDERS.
Subdivision 1. Notice of impending release. At least 60 days before the release of any
inmate convicted of an offense requiring registration under section 243.166, the commis-
sioner of corrections shall send written notice of the impending release to the sheriff of the
county and the police chief of the city in which the inmate will reside or in which placement
will be made in a work release program. The sheriff of the county where the offender was
convicted also shall be notified of the inmate's impending release.
Subd. 2. Additional notice. The same notice shall be sent to the following persons con-
cerning a specific inmate convicted of an offense requiring registration under section
243.166:
(1) the victim of the crime for which the inmate was convicted or a deceased victim's
next of kin if the victim or deceased victim's next of kin requests the notice in writing;
(2) any witnesses who testified against the inmate in any court proceedings involving
the offense, if the witness requests the notice in writing; and
(3) any person specified in writing by the prosecuting attorney.
The notice sent to victims under clause (1) must inform the person that the person has
the right to request and receive information about the offender authorized for disclosure un-
der the community notification provisions of section 244.052.
If the victim or witness is under the age of 16, the notice required by this section shall be
sent to the parents or legal guardian of the child. The commissioner shall send the notices
required by this provision to the last address provided to the commissioner by the requesting
party. The requesting party shall furnish the commissioner with a current address. Informa-
tion regarding witnesses requesting the notice, information regarding any other person spe-
8126
CRIMINAL
cified in writing by the prosecuting;
data on individuals, as defined in sel
inmate.
The notice to victims provided
request notice of release under secti
Subd. 3. No extension of rele~
tiUned in this section shall in no ev~
History: 1996 c 408 art 5 s 5
'244.054 DISCHARGE PLANS; (
MENTAL ILLNESS.
Subdivision 1. Offer to develo
oration with the commissioner of co
munity-based services for every of
fmed in section 245.462, subdivisio:
tional facility. If an offender is bein
choose to have the discharge plan I
release and shall follow the conditi(
the offender.
Subd. 2. Content of plan. If a
the commissioner of human servict
must include at least the following
(1) at least 90 days before the (
man services shall designate an ag
health training to serve as the prima
activities;
(2) at least 75 days before the (
agent shall:
(i) obtain informed consent an
ed for transition services;
(ii) contact the county human .
expects to reside following dischar
ing discharge and the planned dat
whether the county or a designate(
vices to the offender; refer the offe
finn that the case management serv
the offender's discharge; and
, (iii) refer the offender to appr
the community where the offender
the offender if eligible in medical a
procedures established by process
. (3) at least 2-1/2 months hefe
timely appointments for the offend
charge, and with other program st
Serve fonner offenders with seriOl
(4) at least 30 days before di
predischarge assessment and plaru
~ffender has participated while il
agent, and the mental health case r
th~ meeting, attendees shall provi
rnendations for the offender, inclw
including dosage an(
,assessment information, includin!
A RESOLUTION URGING THE LEGISLATURE TO PROVIDE GREATER PROTECTIONS
TO THE GENERAL PUBLIC FROM SEXUAL PREDATORS
Motion
By:
Second
By:
he public from man-made
WHEREAS, The fundamental purpose of government is
or natural threats; and
WHEREAS, Those who particularly deserve and
including: children, seniors and m
e protection are thE!y~lnerable
or emotionally challeng~d; and
WHEREAS, It is an unfortunate fact of life that
indirectly affected mentally, emotion
predators, and in the absence of gover
and
have been directly or
ically; or killed by sexual
action this trend will continue;
WHEREAS,
The Minnesota State Senate,..Mirine~()ta...tf.ouse .../..............R.....,........_e.... presentatives and
.................... ............ .... ...,ofn!'Ii[;'
Governor hav~.affirmed the~~~d to REet~.s~~~f3 public by adoption of public
notificatio ns when s~?ClJaIJ?redators r~19cate from one dwelling unit to
another;
he City of
protect its con
i1e it is a gQQd beginning, could be rendered more
WHEREAS,
wants to do everything legally possible to
NOW1J"t:tF;REFORE, BEl] HERE ESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNES~T~ as follows:
1. The recit~'~...set forth aboyeare incorporated herein.
2. The Minne$gt~ Legislat~r~land Governor are hereby encouraged to make sexual predator
protection legi~!~~iont~~/.~ighest priority as soon as possible.
3. That, as minimUt'Tl;:8~~nges to existing legislation should include:
· provide for at le~st 15 days notification to the City in advance of the date in which a
sexual predator is moving in order that the community meeting can be held before the
person has moved in.
· require that the State Department of Corrections rather than the local government
provide timely notification to persons within one-half mile of the proposed abode
through, at minimum, mailings or flyers to each address and postings at public
gathering places, e-mail and Website.
I\COU~UL\RESOLUTI\!\dmin\2007\oSr 107 Sexual Pm.~€jiYofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
· restrict the location of residence a significant distance away from places where minors
congregate and provide education to the general public regarding warning signs of
sexual abuse.
· Restrict or regulate access to facilities where children congregate.
· other such actions as deemed appropriate and necessary to protect the public from
sexual predators.
PASSED AND ADOPTED THIS 4th DAY OF SEPTEMBER 2007.
NO
City Manager
1:\COUNCIL\RESOLUTI\Admin\2007\090407 Sexual Predator. DOC