1.1 A bill for an act
1.2 relating to public safety; requiring that notice is provided to certain public agents
1.3 on the presence of level II sex offenders; amending Minnesota Statutes 2022,
1.4 section 244.052, subdivision 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2022, section 244.052, subdivision 4, is amended to read:
1.7 Subd. 4.Law enforcement agency; disclosure of information to public.(a) The law
1.8enforcement agency in the area where the predatory offender resides, expects to reside, is
1.9employed, or is regularly found, shall disclose to the public any information regarding the
1.10offender contained in the report forwarded to the agency under subdivision 3, paragraph
1.11(f), that is relevant and necessary to protect the public and to counteract the offender's
1.12dangerousness, consistent with the guidelines in paragraph (b). The extent of the information
1.13disclosed and the community to whom disclosure is made must relate to the level of danger
1.14posed by the offender, to the offender's pattern of offending behavior, and to the need of
1.15community members for information to enhance their individual and collective safety.
1.16 (b) The law enforcement agency shall employ the following guidelines in determining
1.17the scope of disclosure made under this subdivision:
1.18 (1) if the offender is assigned to risk level I, the agency may maintain information
1.19regarding the offender within the agency and may disclose it to other law enforcement
1.20agencies. Additionally, the agency may disclose the information to any victims of or
1.21witnesses to the offense committed by the offender. The agency shall disclose the information
1.22to victims of the offense committed by the offender who have requested disclosure and to
1.23adult members of the offender's immediate household;
1Section 1.
23-01485 as introduced12/28/22 REVISOR KLL/KA
SENATE
STATE OF MINNESOTA
S.F. No. 209NINETY-THIRD SESSION
(SENATE AUTHORS: HOWE)
OFFICIAL STATUSD-PGDATE
Introduction and first reading01/12/2023
Referred to Judiciary and Public Safety 2.1 (2) if the offender is assigned to risk level II, the agency also may disclose the information
2.2to agencies and groups that the offender is likely to encounter for the purpose of securing
2.3those institutions and protecting individuals in their care while they are on or near the
2.4premises of the institution. These agencies and groups include the staff members of public
2.5and private educational institutions, day care establishments, and establishments and
2.6organizations that primarily serve individuals likely to be victimized by the offender. The
2.7agency also may disclose the information to individuals the agency believes are likely to
2.8be victimized by the offender. The agency's belief shall be based on the offender's pattern
2.9of offending or victim preference as documented in the information provided by the
2.10department of corrections or human services. The agency shall disclose the information to
2.11public officials who are likely to visit the offender's home in the course of their duties,
2.12including property assessors, property inspectors, and code enforcement officials;
2.13 (3) if the offender is assigned to risk level III, the agency shall disclose the information
2.14to the persons and entities described in clauses (1) and (2) and to other members of the
2.15community whom the offender is likely to encounter, unless the law enforcement agency
2.16determines that public safety would be compromised by the disclosure or that a more limited
2.17disclosure is necessary to protect the identity of the victim.
2.18 Notwithstanding the assignment of a predatory offender to risk level II or III, a law
2.19enforcement agency may not make the disclosures permitted or required by clause (2) or
2.20(3), if: the offender is placed or resides in a residential facility. However, if an offender is
2.21placed or resides in a residential facility, the offender and the head of the facility shall
2.22designate the offender's likely residence upon release from the facility and the head of the
2.23facility shall notify the commissioner of corrections or the commissioner of human services
2.24of the offender's likely residence at least 14 days before the offender's scheduled release
2.25date. The commissioner shall give this information to the law enforcement agency having
2.26jurisdiction over the offender's likely residence. The head of the residential facility also
2.27shall notify the commissioner of corrections or human services within 48 hours after
2.28finalizing the offender's approved relocation plan to a permanent residence. Within five
2.29days after receiving this notification, the appropriate commissioner shall give to the
2.30appropriate law enforcement agency all relevant information the commissioner has
2.31concerning the offender, including information on the risk factors in the offender's history
2.32and the risk level to which the offender was assigned. After receiving this information, the
2.33law enforcement agency shall make the disclosures permitted or required by clause (2) or
2.34(3), as appropriate.
2.35 (c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:
2Section 1.
23-01485 as introduced12/28/22 REVISOR KLL/KA 3.1 (1) the organizations or community members are in a location or in close proximity to
3.2a location where the offender lives or is employed, or which the offender visits or is likely
3.3to visit on a regular basis, other than the location of the offender's outpatient treatment
3.4program; and
3.5 (2) the types of interaction which ordinarily occur at that location and other circumstances
3.6indicate that contact with the offender is reasonably certain.
3.7 (d) A law enforcement agency or official who discloses information under this subdivision
3.8shall make a good faith effort to make the notification within 14 days of receipt of a
3.9confirmed address from the Department of Corrections indicating that the offender will be,
3.10or has been, released from confinement, or accepted for supervision, or has moved to a new
3.11address and will reside at the address indicated. If a change occurs in the release plan, this
3.12notification provision does not require an extension of the release date.
3.13 (e) A law enforcement agency or official who discloses information under this subdivision
3.14shall not disclose the identity or any identifying characteristics of the victims of or witnesses
3.15to the offender's offenses.
3.16 (f) A law enforcement agency shall continue to disclose information on an offender as
3.17required by this subdivision for as long as the offender is required to register under section
3.18243.166. This requirement on a law enforcement agency to continue to disclose information
3.19also applies to an offender who lacks a primary address and is registering under section
3.20243.166, subdivision 3a.
3.21 (g) A law enforcement agency that is disclosing information on an offender assigned to
3.22risk level III to the public under this subdivision shall inform the commissioner of corrections
3.23what information is being disclosed and forward this information to the commissioner within
3.24two days of the agency's determination. The commissioner shall post this information on
3.25the Internet as required in subdivision 4b.
3.26 (h) A city council may adopt a policy that addresses when information disclosed under
3.27this subdivision must be presented in languages in addition to English. The policy may
3.28address when information must be presented orally, in writing, or both in additional languages
3.29by the law enforcement agency disclosing the information. The policy may provide for
3.30different approaches based on the prevalence of non-English languages in different
3.31neighborhoods.
3.32 (i) An offender who is the subject of a community notification meeting held pursuant
3.33to this section may not attend the meeting.
3Section 1.
23-01485 as introduced12/28/22 REVISOR KLL/KA 4.1 (j) When a school, day care facility, or other entity or program that primarily educates
4.2or serves children receives notice under paragraph (b), clause (3), that a level III predatory
4.3offender resides or works in the surrounding community, notice to parents must be made
4.4as provided in this paragraph. If the predatory offender identified in the notice is participating
4.5in programs offered by the facility that require or allow the person to interact with children
4.6other than the person's children, the principal or head of the entity must notify parents with
4.7children at the facility of the contents of the notice received pursuant to this section. The
4.8immunity provisions of subdivision 7 apply to persons disclosing information under this
4.9paragraph.
4.10 (k) When an offender for whom notification was made under this subdivision no longer
4.11resides, is employed, or is regularly found in the area, and the law enforcement agency that
4.12made the notification is aware of this, the agency shall inform the entities and individuals
4.13initially notified of the change in the offender's status. If notification was made under
4.14paragraph (b), clause (3), the agency shall provide the updated information required under
4.15this paragraph in a manner designed to ensure a similar scope of dissemination. However,
4.16the agency is not required to hold a public meeting to do so.
4Section 1.
23-01485 as introduced12/28/22 REVISOR KLL/KA