Bill Text: MN SF886 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Level III predatory offender web site maintenance transfer from the department of corrections (DOC) to the bureau of criminal apprehension (BCA)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-17 - Referred to Judiciary and Public Safety [SF886 Detail]
Download: Minnesota-2011-SF886-Introduced.html
1.2relating to public safety; transferring responsibility for maintaining the level III
1.3predatory offender Web site from the Department of Corrections to the Bureau of
1.4Criminal Apprehension;amending Minnesota Statutes 2010, section 244.052,
1.5subdivisions 4, 4b.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 244.052, subdivision 4, is amended to read:
1.8 Subd. 4. Law enforcement agency; disclosure of information to public. (a)
1.9The law enforcement agency in the area where the predatory offender resides, expects
1.10to reside, is employed, or is regularly found, shall disclose to the public any information
1.11regarding the offender contained in the report forwarded to the agency under subdivision
1.123, paragraph (f), that is relevant and necessary to protect the public and to counteract the
1.13offender's dangerousness, consistent with the guidelines in paragraph (b). The extent of
1.14the information disclosed and the community to whom disclosure is made must relate to
1.15the level of danger posed by the offender, to the offender's pattern of offending behavior,
1.16and to the need of community members for information to enhance their individual and
1.17collective safety.
1.18(b) The law enforcement agency shall employ the following guidelines in
1.19determining the scope of disclosure made under this subdivision:
1.20(1) if the offender is assigned to risk level I, the agency may maintain information
1.21regarding the offender within the agency and may disclose it to other law enforcement
1.22agencies. Additionally, the agency may disclose the information to any victims of or
1.23witnesses to the offense committed by the offender. The agency shall disclose the
1.24information to victims of the offense committed by the offender who have requested
1.25disclosure 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, a law
2.17enforcement agency may not make the disclosures permitted or required by clause (2) or
2.18(3), if: the offender is placed or resides in a residential facility. However, if an offender is
2.19placed or resides in a residential facility, the offender and the head of the facility shall
2.20designate the offender's likely residence upon release from the facility and the head of
2.21the facility shall notify the commissioner of corrections or the commissioner of human
2.22services of the offender's likely residence at least 14 days before the offender's scheduled
2.23release date. The commissioner shall give this information to the law enforcement agency
2.24having jurisdiction over the offender's likely residence. The head of the residential facility
2.25also shall notify the commissioner of corrections or human services within 48 hours
2.26after finalizing the offender's approved relocation plan to a permanent residence. Within
2.27five days after receiving this notification, the appropriate commissioner shall give to
2.28the appropriate law enforcement agency all relevant information the commissioner has
2.29concerning the offender, including information on the risk factors in the offender's history
2.30and the risk level to which the offender was assigned. After receiving this information,
2.31the law enforcement agency shall make the disclosures permitted or required by clause
2.32(2) or (3), as appropriate.
2.33(c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:
2.34(1) the organizations or community members are in a location or in close proximity
2.35to 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 thecommissioner of
3.21corrections superintendent of the Bureau of Criminal Apprehension what information is
3.22being disclosed and forward this information to thecommissioner superintendent within
3.23two days of the agency's determination. Thecommissioner superintendent shall post this
3.24information on the Internet as required in subdivision 4b.
3.25(h) A city council may adopt a policy that addresses when information disclosed
3.26under this subdivision must be presented in languages in addition to English. The policy
3.27may address when information must be presented orally, in writing, or both in additional
3.28languages by the law enforcement agency disclosing the information. The policy may
3.29provide for different approaches based on the prevalence of non-English languages in
3.30different neighborhoods.
3.31(i) An offender who is the subject of a community notification meeting held pursuant
3.32to this section may not attend the meeting.
3.33(j) When a school, day care facility, or other entity or program that primarily
3.34educates or serves children receives notice under paragraph (b), clause (3), that a level III
3.35predatory offender resides or works in the surrounding community, notice to parents must
3.36be made as provided in this paragraph. If the predatory offender identified in the notice is
4.1participating in programs offered by the facility that require or allow the person to interact
4.2with children other than the person's children, the principal or head of the entity must
4.3notify parents with children at the facility of the contents of the notice received pursuant
4.4to this section. The immunity provisions of subdivision 7 apply to persons disclosing
4.5information under this paragraph.
4.6EFFECTIVE DATE.This section is effective August 1, 2011.
4.7 Sec. 2. Minnesota Statutes 2010, section 244.052, subdivision 4b, is amended to read:
4.8 Subd. 4b. Level III offenders; mandatory posting of information on Internet.
4.9Thecommissioner of corrections superintendent of the Bureau of Criminal Apprehension
4.10shall create and maintain an Internet Web site and post on the site the information
4.11about offenders assigned to risk level III forwarded by law enforcement agencies under
4.12subdivision 4, paragraph (g). This information must be updated in a timely manner to
4.13account for changes in the offender's address and maintained for the period of time that the
4.14offender remains subject to community notification as a level III offender.
4.15EFFECTIVE DATE.This section is effective August 1, 2011.
4.16 Sec. 3. TRANSFER OF RESPONSIBILITIES.
4.17The commissioner of corrections shall provide technical assistance to the
4.18superintendent of the Bureau of Criminal Apprehension in the transfer of responsibilities
4.19mandated by section 2.
4.20EFFECTIVE DATE.This section is effective August 1, 2011.
1.3predatory offender Web site from the Department of Corrections to the Bureau of
1.4Criminal Apprehension;amending Minnesota Statutes 2010, section 244.052,
1.5subdivisions 4, 4b.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 244.052, subdivision 4, is amended to read:
1.8 Subd. 4. Law enforcement agency; disclosure of information to public. (a)
1.9The law enforcement agency in the area where the predatory offender resides, expects
1.10to reside, is employed, or is regularly found, shall disclose to the public any information
1.11regarding the offender contained in the report forwarded to the agency under subdivision
1.123, paragraph (f), that is relevant and necessary to protect the public and to counteract the
1.13offender's dangerousness, consistent with the guidelines in paragraph (b). The extent of
1.14the information disclosed and the community to whom disclosure is made must relate to
1.15the level of danger posed by the offender, to the offender's pattern of offending behavior,
1.16and to the need of community members for information to enhance their individual and
1.17collective safety.
1.18(b) The law enforcement agency shall employ the following guidelines in
1.19determining the scope of disclosure made under this subdivision:
1.20(1) if the offender is assigned to risk level I, the agency may maintain information
1.21regarding the offender within the agency and may disclose it to other law enforcement
1.22agencies. Additionally, the agency may disclose the information to any victims of or
1.23witnesses to the offense committed by the offender. The agency shall disclose the
1.24information to victims of the offense committed by the offender who have requested
1.25disclosure 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, a law
2.17enforcement agency may not make the disclosures permitted or required by clause (2) or
2.18(3), if: the offender is placed or resides in a residential facility. However, if an offender is
2.19placed or resides in a residential facility, the offender and the head of the facility shall
2.20designate the offender's likely residence upon release from the facility and the head of
2.21the facility shall notify the commissioner of corrections or the commissioner of human
2.22services of the offender's likely residence at least 14 days before the offender's scheduled
2.23release date. The commissioner shall give this information to the law enforcement agency
2.24having jurisdiction over the offender's likely residence. The head of the residential facility
2.25also shall notify the commissioner of corrections or human services within 48 hours
2.26after finalizing the offender's approved relocation plan to a permanent residence. Within
2.27five days after receiving this notification, the appropriate commissioner shall give to
2.28the appropriate law enforcement agency all relevant information the commissioner has
2.29concerning the offender, including information on the risk factors in the offender's history
2.30and the risk level to which the offender was assigned. After receiving this information,
2.31the law enforcement agency shall make the disclosures permitted or required by clause
2.32(2) or (3), as appropriate.
2.33(c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:
2.34(1) the organizations or community members are in a location or in close proximity
2.35to 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
3.21
3.22being disclosed and forward this information to the
3.23two days of the agency's determination. The
3.24information on the Internet as required in subdivision 4b.
3.25(h) A city council may adopt a policy that addresses when information disclosed
3.26under this subdivision must be presented in languages in addition to English. The policy
3.27may address when information must be presented orally, in writing, or both in additional
3.28languages by the law enforcement agency disclosing the information. The policy may
3.29provide for different approaches based on the prevalence of non-English languages in
3.30different neighborhoods.
3.31(i) An offender who is the subject of a community notification meeting held pursuant
3.32to this section may not attend the meeting.
3.33(j) When a school, day care facility, or other entity or program that primarily
3.34educates or serves children receives notice under paragraph (b), clause (3), that a level III
3.35predatory offender resides or works in the surrounding community, notice to parents must
3.36be made as provided in this paragraph. If the predatory offender identified in the notice is
4.1participating in programs offered by the facility that require or allow the person to interact
4.2with children other than the person's children, the principal or head of the entity must
4.3notify parents with children at the facility of the contents of the notice received pursuant
4.4to this section. The immunity provisions of subdivision 7 apply to persons disclosing
4.5information under this paragraph.
4.6EFFECTIVE DATE.This section is effective August 1, 2011.
4.7 Sec. 2. Minnesota Statutes 2010, section 244.052, subdivision 4b, is amended to read:
4.8 Subd. 4b. Level III offenders; mandatory posting of information on Internet.
4.9The
4.10shall create and maintain an Internet Web site and post on the site the information
4.11about offenders assigned to risk level III forwarded by law enforcement agencies under
4.12subdivision 4, paragraph (g). This information must be updated in a timely manner to
4.13account for changes in the offender's address and maintained for the period of time that the
4.14offender remains subject to community notification as a level III offender.
4.15EFFECTIVE DATE.This section is effective August 1, 2011.
4.16 Sec. 3. TRANSFER OF RESPONSIBILITIES.
4.17The commissioner of corrections shall provide technical assistance to the
4.18superintendent of the Bureau of Criminal Apprehension in the transfer of responsibilities
4.19mandated by section 2.
4.20EFFECTIVE DATE.This section is effective August 1, 2011.
