Bill Text: MN HF2142 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Domestic violence victim provided with notice of release of offender.
Spectrum: Slight Partisan Bill (Democrat 7-3)
Status: (Introduced - Dead) 2014-03-27 - Author added Hamilton [HF2142 Detail]
Download: Minnesota-2013-HF2142-Engrossed.html
1.2relating to public safety; providing victim of domestic violence with notice
1.3of release of offender;amending Minnesota Statutes 2012, sections 13.84,
1.4subdivisions 5, 6; 611A.06, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 13.84, subdivision 5, is amended to read:
1.7 Subd. 5. Disclosure. Private or confidential court services data shall not be
1.8disclosed except:
1.9(a) pursuant to section13.05 ;
1.10(b) pursuant to a statute specifically authorizing disclosure of court services data;
1.11(c) with the written permission of the source of confidential data;
1.12(d) to the court services department, parole or probation authority or state or local
1.13correctional agency or facility having statutorily granted supervision over the individual
1.14subject of the data;
1.15(e) pursuant to subdivision 6;or
1.16(f) pursuant to a valid court order.; or
1.17(g) pursuant to section 611A.06, subdivision 6.
1.18 Sec. 2. Minnesota Statutes 2012, section 13.84, subdivision 6, is amended to read:
1.19 Subd. 6. Public benefit data. (a) The responsible authority or its designee of a
1.20parole or probation authority or correctional agency may release private or confidential
1.21court services data related to:
1.22(1) criminal acts to any law enforcement agency, if necessary for law enforcement
1.23purposes; and
2.1(2) criminal acts or delinquent acts to the victims of criminal or delinquent acts to the
2.2extent that the data are necessary for the victim to assert the victim's legal right to restitution.
2.3(b) A parole or probation authority, a correctional agency, or agencies that provide
2.4correctional services under contract to a correctional agency may release to a law
2.5enforcement agency the following data on defendants, parolees, or probationers: current
2.6address, dates of entrance to and departure from agency programs, and dates and times of
2.7any absences, both authorized and unauthorized, from a correctional program.
2.8(c) The responsible authority or its designee of a juvenile correctional agency may
2.9release private or confidential court services data to a victim of a delinquent act to the
2.10extent the data are necessary to enable the victim to assert the victim's right to request
2.11notice of release under section611A.06 . The data that may be released include only the
2.12name, home address, and placement site of a juvenile who has been placed in a juvenile
2.13correctional facility as a result of a delinquent act.
2.14(d) Upon the victim's written or electronic request and, if the victim and offender
2.15have been household or family members as defined in section 518B.01, subdivision 1,
2.16paragraph (b), the commissioner of corrections or the commissioner's designee may
2.17disclose to the victim of an offender convicted of a crime pursuant to section 609.02,
2.18subdivision 16, notification of the city and five-digit zip code of the offender's residency
2.19upon or after release from a Department of Corrections facility, unless:
2.20(1) the offender is not supervised by the commissioner of corrections or the
2.21commissioner's designee at the time of the victim's request;
2.22(2) the commissioner of corrections or the commissioner's designee does not have
2.23the city or zip code; or
2.24(3) the commissioner of corrections or the commissioner's designee reasonably
2.25believes that disclosure of the city or zip code of the offender's residency creates a risk
2.26to the victim, offender, or public safety.
2.27 Sec. 3. Minnesota Statutes 2012, section 611A.06, is amended by adding a subdivision
2.28to read:
2.29 Subd. 6. Offender location. (a) Upon the victim's written or electronic request
2.30and if the victim and offender have been household or family members as defined in
2.31section 518B.01, subdivision 2, paragraph (b), the commissioner of corrections or the
2.32commissioner's designee shall disclose to the victim of an offender convicted of a crime
2.33pursuant to section 609.02, subdivision 16, notification of the city and five-digit zip code
2.34of the offender's residency upon release from a Department of Corrections facility, unless:
3.1(1) the offender is not supervised by the commissioner of corrections or the
3.2commissioner's designee at the time of the victim request;
3.3(2) the commissioner of corrections or the commissioner's designee does not have
3.4the city or zip code; or
3.5(3) the commissioner of corrections or the commissioner's designee reasonably
3.6believes that disclosure of the city or zip code of the offender's residency creates a risk
3.7to the victim, offender, or public safety.
3.8(b) All identifying information regarding the victim including, but not limited to, the
3.9notification provided by the commissioner of corrections or the commissioner's designee
3.10is classified as private data on individuals as defined in section 13.02, subdivision 12, and
3.11is accessible only to the victim.
3.12EFFECTIVE DATE.This section is effective January 15, 2015.
1.3of release of offender;amending Minnesota Statutes 2012, sections 13.84,
1.4subdivisions 5, 6; 611A.06, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 13.84, subdivision 5, is amended to read:
1.7 Subd. 5. Disclosure. Private or confidential court services data shall not be
1.8disclosed except:
1.9(a) pursuant to section
1.10(b) pursuant to a statute specifically authorizing disclosure of court services data;
1.11(c) with the written permission of the source of confidential data;
1.12(d) to the court services department, parole or probation authority or state or local
1.13correctional agency or facility having statutorily granted supervision over the individual
1.14subject of the data;
1.15(e) pursuant to subdivision 6;
1.16(f) pursuant to a valid court order
1.17(g) pursuant to section 611A.06, subdivision 6.
1.18 Sec. 2. Minnesota Statutes 2012, section 13.84, subdivision 6, is amended to read:
1.19 Subd. 6. Public benefit data. (a) The responsible authority or its designee of a
1.20parole or probation authority or correctional agency may release private or confidential
1.21court services data related to:
1.22(1) criminal acts to any law enforcement agency, if necessary for law enforcement
1.23purposes; and
2.1(2) criminal acts or delinquent acts to the victims of criminal or delinquent acts to the
2.2extent that the data are necessary for the victim to assert the victim's legal right to restitution.
2.3(b) A parole or probation authority, a correctional agency, or agencies that provide
2.4correctional services under contract to a correctional agency may release to a law
2.5enforcement agency the following data on defendants, parolees, or probationers: current
2.6address, dates of entrance to and departure from agency programs, and dates and times of
2.7any absences, both authorized and unauthorized, from a correctional program.
2.8(c) The responsible authority or its designee of a juvenile correctional agency may
2.9release private or confidential court services data to a victim of a delinquent act to the
2.10extent the data are necessary to enable the victim to assert the victim's right to request
2.11notice of release under section
2.12name, home address, and placement site of a juvenile who has been placed in a juvenile
2.13correctional facility as a result of a delinquent act.
2.14(d) Upon the victim's written or electronic request and, if the victim and offender
2.15have been household or family members as defined in section 518B.01, subdivision 1,
2.16paragraph (b), the commissioner of corrections or the commissioner's designee may
2.17disclose to the victim of an offender convicted of a crime pursuant to section 609.02,
2.18subdivision 16, notification of the city and five-digit zip code of the offender's residency
2.19upon or after release from a Department of Corrections facility, unless:
2.20(1) the offender is not supervised by the commissioner of corrections or the
2.21commissioner's designee at the time of the victim's request;
2.22(2) the commissioner of corrections or the commissioner's designee does not have
2.23the city or zip code; or
2.24(3) the commissioner of corrections or the commissioner's designee reasonably
2.25believes that disclosure of the city or zip code of the offender's residency creates a risk
2.26to the victim, offender, or public safety.
2.27 Sec. 3. Minnesota Statutes 2012, section 611A.06, is amended by adding a subdivision
2.28to read:
2.29 Subd. 6. Offender location. (a) Upon the victim's written or electronic request
2.30and if the victim and offender have been household or family members as defined in
2.31section 518B.01, subdivision 2, paragraph (b), the commissioner of corrections or the
2.32commissioner's designee shall disclose to the victim of an offender convicted of a crime
2.33pursuant to section 609.02, subdivision 16, notification of the city and five-digit zip code
2.34of the offender's residency upon release from a Department of Corrections facility, unless:
3.1(1) the offender is not supervised by the commissioner of corrections or the
3.2commissioner's designee at the time of the victim request;
3.3(2) the commissioner of corrections or the commissioner's designee does not have
3.4the city or zip code; or
3.5(3) the commissioner of corrections or the commissioner's designee reasonably
3.6believes that disclosure of the city or zip code of the offender's residency creates a risk
3.7to the victim, offender, or public safety.
3.8(b) All identifying information regarding the victim including, but not limited to, the
3.9notification provided by the commissioner of corrections or the commissioner's designee
3.10is classified as private data on individuals as defined in section 13.02, subdivision 12, and
3.11is accessible only to the victim.
3.12EFFECTIVE DATE.This section is effective January 15, 2015.
