Bill Text: MN HF2394 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Minnesota sex offender program; community notification required when a person is released from the program.
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Passed) 2012-02-29 - Author added Simon [HF2394 Detail]
Download: Minnesota-2011-HF2394-Introduced.html
Bill Title: Minnesota sex offender program; community notification required when a person is released from the program.
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Passed) 2012-02-29 - Author added Simon [HF2394 Detail]
Download: Minnesota-2011-HF2394-Introduced.html
1.2relating to public safety; requiring community notification when a person is
1.3released from the Minnesota sex offender program;amending Minnesota Statutes
1.42011 Supplement, section 253B.185, subdivision 10a.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2011 Supplement, section 253B.185, subdivision 10a,
1.7is amended to read:
1.8 Subd. 10a. Scope of community notification. (a) Notification of the public and
1.9disclosure of information under section244.052, subdivision 4 , regarding an individual
1.10who was committed under this section or Minnesota Statutes 1992, section526.10 , is as
1.11provided under section244.052, subdivision 4 , paragraphs (b), clause (3), and (g), and
1.12subdivision 4b, regardless of the individual's assigned risk level. The restrictions under
1.13section 244.052, subdivision 4, paragraph (b), clause (3), placed on disclosing information
1.14on individuals living in residential facilities do not apply to persons committed under this
1.15section or Minnesota Statutes 1992, section 526.10. The local law enforcement agency
1.16may proceed with the broadest disclosure authorized under section 244.052, subdivision 4.
1.17(b) After four years from the date of an order for provisional discharge or discharge
1.18of civil commitment, the individual may petition the head of the treatment facility from
1.19which the individual was provisionally discharged or discharged to have the scope of
1.20notification and disclosure based solely upon the individual's assigned risk level under
1.21section244.052 .
1.22(c) If an individual's provisional discharge is revoked for any reason, the four-year
1.23time period under paragraph (b) starts over from the date of a subsequent order for
1.24provisional discharge or discharge except that the head of the treatment facility or
2.1designee may, in the sole discretion of the head or designee, determine that the individual
2.2may petition before four years have elapsed from the date of the order of the subsequent
2.3provisional discharge or discharge and notify the individual of that determination.
2.4(d) The head of the treatment facility shall appoint a multidisciplinary committee to
2.5review and make a recommendation on a petition made under paragraph (b). The head
2.6of the treatment facility or designee may grant or deny the petition. There is no review
2.7or appeal of the decision. If a petition is denied, the individual may petition again after
2.8two years from the date of denial.
2.9(e) Nothing in this subdivision shall be construed to give an individual an affirmative
2.10right to petition the head of the treatment facility earlier than four years after the date of an
2.11order for provisional discharge or discharge.
2.12(f) The head of the treatment facility shall act in place of the individual's corrections
2.13agent for the purpose of section244.052, subdivision 3 , paragraph (h), when the individual
2.14is not assigned to a corrections agent.
2.15EFFECTIVE DATE.This section is effective the day following final enactment.
1.3released from the Minnesota sex offender program;amending Minnesota Statutes
1.42011 Supplement, section 253B.185, subdivision 10a.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2011 Supplement, section 253B.185, subdivision 10a,
1.7is amended to read:
1.8 Subd. 10a. Scope of community notification. (a) Notification of the public and
1.9disclosure of information under section
1.10who was committed under this section or Minnesota Statutes 1992, section
1.11provided under section
1.12subdivision 4b, regardless of the individual's assigned risk level. The restrictions under
1.13section 244.052, subdivision 4, paragraph (b), clause (3), placed on disclosing information
1.14on individuals living in residential facilities do not apply to persons committed under this
1.15section or Minnesota Statutes 1992, section 526.10. The local law enforcement agency
1.16may proceed with the broadest disclosure authorized under section 244.052, subdivision 4.
1.17(b) After four years from the date of an order for provisional discharge or discharge
1.18of civil commitment, the individual may petition the head of the treatment facility from
1.19which the individual was provisionally discharged or discharged to have the scope of
1.20notification and disclosure based solely upon the individual's assigned risk level under
1.21section
1.22(c) If an individual's provisional discharge is revoked for any reason, the four-year
1.23time period under paragraph (b) starts over from the date of a subsequent order for
1.24provisional discharge or discharge except that the head of the treatment facility or
2.1designee may, in the sole discretion of the head or designee, determine that the individual
2.2may petition before four years have elapsed from the date of the order of the subsequent
2.3provisional discharge or discharge and notify the individual of that determination.
2.4(d) The head of the treatment facility shall appoint a multidisciplinary committee to
2.5review and make a recommendation on a petition made under paragraph (b). The head
2.6of the treatment facility or designee may grant or deny the petition. There is no review
2.7or appeal of the decision. If a petition is denied, the individual may petition again after
2.8two years from the date of denial.
2.9(e) Nothing in this subdivision shall be construed to give an individual an affirmative
2.10right to petition the head of the treatment facility earlier than four years after the date of an
2.11order for provisional discharge or discharge.
2.12(f) The head of the treatment facility shall act in place of the individual's corrections
2.13agent for the purpose of section
2.14is not assigned to a corrections agent.
2.15EFFECTIVE DATE.This section is effective the day following final enactment.
