Bill Text: MN HF2744 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Predatory offender community notification law clarified by adding cross-references.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-03-14 - Committee report, to pass and re-refer to Health and Human Services Reform [HF2744 Detail]
Download: Minnesota-2011-HF2744-Introduced.html
1.2relating to public safety; clarifying the community notification law by adding
1.3cross-references;amending Minnesota Statutes 2010, section 244.052,
1.4subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 244.052, subdivision 4, is amended to read:
1.7 Subd. 4. Law enforcement agency; disclosure of information to public. (a)
1.8The law enforcement agency in the area where the predatory offender resides, expects
1.9to reside, is employed, or is regularly found, shall disclose to the public any information
1.10regarding the offender contained in the report forwarded to the agency under subdivision
1.113, paragraph (f), that is relevant and necessary to protect the public and to counteract the
1.12offender's dangerousness, consistent with the guidelines in paragraph (b). The extent of
1.13the information disclosed and the community to whom disclosure is made must relate to
1.14the level of danger posed by the offender, to the offender's pattern of offending behavior,
1.15and to the need of community members for information to enhance their individual and
1.16collective safety.
1.17(b) The law enforcement agency shall employ the following guidelines in
1.18determining the scope of disclosure made under this subdivision:
1.19(1) if the offender is assigned to risk level I, the agency may maintain information
1.20regarding the offender within the agency and may disclose it to other law enforcement
1.21agencies. Additionally, the agency may disclose the information to any victims of or
1.22witnesses to the offense committed by the offender. The agency shall disclose the
1.23information to victims of the offense committed by the offender who have requested
1.24disclosure and to adult members of the offender's immediate household;
2.1(2) if the offender is assigned to risk level II, the agency also may disclose the
2.2information to agencies and groups that the offender is likely to encounter for the purpose
2.3of securing those institutions and protecting individuals in their care while they are on or
2.4near the premises of the institution. These agencies and groups include the staff members
2.5of public and private educational institutions, day care establishments, and establishments
2.6and organizations that primarily serve individuals likely to be victimized by the offender.
2.7The agency also may disclose the information to individuals the agency believes are likely
2.8to be victimized by the offender. The agency's belief shall be based on the offender's
2.9pattern of offending or victim preference as documented in the information provided by
2.10the department of corrections or human services;
2.11(3) if the offender is assigned to risk level III, the agency shall disclose the
2.12information to the persons and entities described in clauses (1) and (2) and to other
2.13members of the community whom the offender is likely to encounter, unless the law
2.14enforcement agency determines that public safety would be compromised by the disclosure
2.15or that a more limited disclosure is necessary to protect the identity of the victim.
2.16Notwithstanding the assignment of a predatory offender to risk level II or III Except
2.17as provided in section 253B.185, subdivision 10a, paragraph (a), a law enforcement
2.18agency may not make the disclosures permitted or required by clause (2) or (3), if: the
2.19offender when a predatory offender assigned to risk level II or III is placed or resides in a
2.20residential facility. However, if an offender is placed or resides in a residential facility, the
2.21offender and the head of the facility shall designate the offender's likely residence upon
2.22release from the facility and the head of the facility shall notify the commissioner of
2.23corrections or the commissioner of human services of the offender's likely residence at
2.24least 14 days before the offender's scheduled release date. The commissioner shall give
2.25this information to the law enforcement agency having jurisdiction over the offender's
2.26likely residence. The head of the residential facility also shall notify the commissioner
2.27of corrections or human services within 48 hours after finalizing the offender's approved
2.28relocation plan to a permanent residence. Within five days after receiving this notification,
2.29the appropriate commissioner shall give to the appropriate law enforcement agency all
2.30relevant information the commissioner has concerning the offender, including information
2.31on the risk factors in the offender's history and the risk level to which the offender was
2.32assigned. After receiving this information, the law enforcement agency shall make the
2.33disclosures permitted or required by clause (2) or (3), as appropriate.
2.34(c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:
2.35(1) the organizations or community members are in a location or in close proximity
2.36to a location where the offender lives or is employed, or which the offender visits or
3.1is likely to visit on a regular basis, other than the location of the offender's outpatient
3.2treatment program; and
3.3(2) the types of interaction which ordinarily occur at that location and other
3.4circumstances indicate that contact with the offender is reasonably certain.
3.5(d) A law enforcement agency or official who discloses information under this
3.6subdivision shall make a good faith effort to make the notification within 14 days of receipt
3.7of a confirmed address from the Department of Corrections indicating that the offender
3.8will be, or has been, released from confinement, or accepted for supervision, or has moved
3.9to a new address and will reside at the address indicated. If a change occurs in the release
3.10plan, this notification provision does not require an extension of the release date.
3.11(e) A law enforcement agency or official who discloses information under this
3.12subdivision shall not disclose the identity or any identifying characteristics of the victims
3.13of or witnesses to the offender's offenses.
3.14(f) A law enforcement agency shall continue to disclose information on an offender
3.15as required by this subdivision for as long as the offender is required to register under
3.16section243.166 . This requirement on a law enforcement agency to continue to disclose
3.17information also applies to an offender who lacks a primary address and is registering
3.18under section243.166, subdivision 3a .
3.19(g) A law enforcement agency that is disclosing information on an offender assigned
3.20to risk level III to the public under this subdivision shall inform the commissioner of
3.21corrections what information is being disclosed and forward this information to the
3.22commissioner within two days of the agency's determination. The commissioner shall
3.23post this information on the Internet as required in subdivision 4b.
3.24(h) A city council may adopt a policy that addresses when information disclosed
3.25under this subdivision must be presented in languages in addition to English. The policy
3.26may address when information must be presented orally, in writing, or both in additional
3.27languages by the law enforcement agency disclosing the information. The policy may
3.28provide for different approaches based on the prevalence of non-English languages in
3.29different neighborhoods.
3.30(i) An offender who is the subject of a community notification meeting held pursuant
3.31to this section may not attend the meeting.
3.32(j) When a school, day care facility, or other entity or program that primarily
3.33educates or serves children receives notice under paragraph (b), clause (3), that a level III
3.34predatory offender resides or works in the surrounding community, notice to parents must
3.35be made as provided in this paragraph. If the predatory offender identified in the notice is
3.36participating in programs offered by the facility that require or allow the person to interact
4.1with children other than the person's children, the principal or head of the entity must
4.2notify parents with children at the facility of the contents of the notice received pursuant
4.3to this section. The immunity provisions of subdivision 7 apply to persons disclosing
4.4information under this paragraph.
4.5(k) The scope of notification and disclosure of information on individuals committed
4.6under section 253B.185, or Minnesota Statutes 1992, section 526.10, is also addressed in
4.7section 253B.185, subdivision 10a.
4.8EFFECTIVE DATE.This section is effective the day following final enactment.
1.3cross-references;amending Minnesota Statutes 2010, section 244.052,
1.4subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 244.052, subdivision 4, is amended to read:
1.7 Subd. 4. Law enforcement agency; disclosure of information to public. (a)
1.8The law enforcement agency in the area where the predatory offender resides, expects
1.9to reside, is employed, or is regularly found, shall disclose to the public any information
1.10regarding the offender contained in the report forwarded to the agency under subdivision
1.113, paragraph (f), that is relevant and necessary to protect the public and to counteract the
1.12offender's dangerousness, consistent with the guidelines in paragraph (b). The extent of
1.13the information disclosed and the community to whom disclosure is made must relate to
1.14the level of danger posed by the offender, to the offender's pattern of offending behavior,
1.15and to the need of community members for information to enhance their individual and
1.16collective safety.
1.17(b) The law enforcement agency shall employ the following guidelines in
1.18determining the scope of disclosure made under this subdivision:
1.19(1) if the offender is assigned to risk level I, the agency may maintain information
1.20regarding the offender within the agency and may disclose it to other law enforcement
1.21agencies. Additionally, the agency may disclose the information to any victims of or
1.22witnesses to the offense committed by the offender. The agency shall disclose the
1.23information to victims of the offense committed by the offender who have requested
1.24disclosure and to adult members of the offender's immediate household;
2.1(2) if the offender is assigned to risk level II, the agency also may disclose the
2.2information to agencies and groups that the offender is likely to encounter for the purpose
2.3of securing those institutions and protecting individuals in their care while they are on or
2.4near the premises of the institution. These agencies and groups include the staff members
2.5of public and private educational institutions, day care establishments, and establishments
2.6and organizations that primarily serve individuals likely to be victimized by the offender.
2.7The agency also may disclose the information to individuals the agency believes are likely
2.8to be victimized by the offender. The agency's belief shall be based on the offender's
2.9pattern of offending or victim preference as documented in the information provided by
2.10the department of corrections or human services;
2.11(3) if the offender is assigned to risk level III, the agency shall disclose the
2.12information to the persons and entities described in clauses (1) and (2) and to other
2.13members of the community whom the offender is likely to encounter, unless the law
2.14enforcement agency determines that public safety would be compromised by the disclosure
2.15or that a more limited disclosure is necessary to protect the identity of the victim.
2.16
2.17as provided in section 253B.185, subdivision 10a, paragraph (a), a law enforcement
2.18agency may not make the disclosures permitted or required by clause (2) or (3)
2.19
2.20residential facility. However, if an offender is placed or resides in a residential facility, the
2.21offender and the head of the facility shall designate the offender's likely residence upon
2.22release from the facility and the head of the facility shall notify the commissioner of
2.23corrections or the commissioner of human services of the offender's likely residence at
2.24least 14 days before the offender's scheduled release date. The commissioner shall give
2.25this information to the law enforcement agency having jurisdiction over the offender's
2.26likely residence. The head of the residential facility also shall notify the commissioner
2.27of corrections or human services within 48 hours after finalizing the offender's approved
2.28relocation plan to a permanent residence. Within five days after receiving this notification,
2.29the appropriate commissioner shall give to the appropriate law enforcement agency all
2.30relevant information the commissioner has concerning the offender, including information
2.31on the risk factors in the offender's history and the risk level to which the offender was
2.32assigned. After receiving this information, the law enforcement agency shall make the
2.33disclosures permitted or required by clause (2) or (3), as appropriate.
2.34(c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:
2.35(1) the organizations or community members are in a location or in close proximity
2.36to a location where the offender lives or is employed, or which the offender visits or
3.1is likely to visit on a regular basis, other than the location of the offender's outpatient
3.2treatment program; and
3.3(2) the types of interaction which ordinarily occur at that location and other
3.4circumstances indicate that contact with the offender is reasonably certain.
3.5(d) A law enforcement agency or official who discloses information under this
3.6subdivision shall make a good faith effort to make the notification within 14 days of receipt
3.7of a confirmed address from the Department of Corrections indicating that the offender
3.8will be, or has been, released from confinement, or accepted for supervision, or has moved
3.9to a new address and will reside at the address indicated. If a change occurs in the release
3.10plan, this notification provision does not require an extension of the release date.
3.11(e) A law enforcement agency or official who discloses information under this
3.12subdivision shall not disclose the identity or any identifying characteristics of the victims
3.13of or witnesses to the offender's offenses.
3.14(f) A law enforcement agency shall continue to disclose information on an offender
3.15as required by this subdivision for as long as the offender is required to register under
3.16section
3.17information also applies to an offender who lacks a primary address and is registering
3.18under section
3.19(g) A law enforcement agency that is disclosing information on an offender assigned
3.20to risk level III to the public under this subdivision shall inform the commissioner of
3.21corrections what information is being disclosed and forward this information to the
3.22commissioner within two days of the agency's determination. The commissioner shall
3.23post this information on the Internet as required in subdivision 4b.
3.24(h) A city council may adopt a policy that addresses when information disclosed
3.25under this subdivision must be presented in languages in addition to English. The policy
3.26may address when information must be presented orally, in writing, or both in additional
3.27languages by the law enforcement agency disclosing the information. The policy may
3.28provide for different approaches based on the prevalence of non-English languages in
3.29different neighborhoods.
3.30(i) An offender who is the subject of a community notification meeting held pursuant
3.31to this section may not attend the meeting.
3.32(j) When a school, day care facility, or other entity or program that primarily
3.33educates or serves children receives notice under paragraph (b), clause (3), that a level III
3.34predatory offender resides or works in the surrounding community, notice to parents must
3.35be made as provided in this paragraph. If the predatory offender identified in the notice is
3.36participating in programs offered by the facility that require or allow the person to interact
4.1with children other than the person's children, the principal or head of the entity must
4.2notify parents with children at the facility of the contents of the notice received pursuant
4.3to this section. The immunity provisions of subdivision 7 apply to persons disclosing
4.4information under this paragraph.
4.5(k) The scope of notification and disclosure of information on individuals committed
4.6under section 253B.185, or Minnesota Statutes 1992, section 526.10, is also addressed in
4.7section 253B.185, subdivision 10a.
4.8EFFECTIVE DATE.This section is effective the day following final enactment.
