Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF209 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to public safety; requiring that notice is provided to certain public agents
3	3	1.3 on the presence of level II sex offenders; amending Minnesota Statutes 2022,
4	4	1.4 section 244.052, subdivision 4.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2022, section 244.052, subdivision 4, is amended to read:
7	7	1.7 Subd. 4.Law enforcement agency; disclosure of information to public.(a) The law
8	8	1.8enforcement agency in the area where the predatory offender resides, expects to reside, is
9	9	1.9employed, or is regularly found, shall disclose to the public any information regarding the
10	10	1.10offender contained in the report forwarded to the agency under subdivision 3, paragraph
11	11	1.11(f), that is relevant and necessary to protect the public and to counteract the offender's
12	12	1.12dangerousness, consistent with the guidelines in paragraph (b). The extent of the information
13	13	1.13disclosed and the community to whom disclosure is made must relate to the level of danger
14	14	1.14posed by the offender, to the offender's pattern of offending behavior, and to the need of
15	15	1.15community members for information to enhance their individual and collective safety.
16	16	1.16 (b) The law enforcement agency shall employ the following guidelines in determining
17	17	1.17the scope of disclosure made under this subdivision:
18	18	1.18 (1) if the offender is assigned to risk level I, the agency may maintain information
19	19	1.19regarding the offender within the agency and may disclose it to other law enforcement
20	20	1.20agencies. Additionally, the agency may disclose the information to any victims of or
21	21	1.21witnesses to the offense committed by the offender. The agency shall disclose the information
22	22	1.22to victims of the offense committed by the offender who have requested disclosure and to
23	23	1.23adult members of the offender's immediate household;
24	24	1Section 1.
25	25	23-01485 as introduced12/28/22 REVISOR KLL/KA
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 209NINETY-THIRD SESSION
29	29	(SENATE AUTHORS: HOWE)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading01/12/2023
32	32	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
33	33	2.2to agencies and groups that the offender is likely to encounter for the purpose of securing
34	34	2.3those institutions and protecting individuals in their care while they are on or near the
35	35	2.4premises of the institution. These agencies and groups include the staff members of public
36	36	2.5and private educational institutions, day care establishments, and establishments and
37	37	2.6organizations that primarily serve individuals likely to be victimized by the offender. The
38	38	2.7agency also may disclose the information to individuals the agency believes are likely to
39	39	2.8be victimized by the offender. The agency's belief shall be based on the offender's pattern
40	40	2.9of offending or victim preference as documented in the information provided by the
41	41	2.10department of corrections or human services. The agency shall disclose the information to
42	42	2.11public officials who are likely to visit the offender's home in the course of their duties,
43	43	2.12including property assessors, property inspectors, and code enforcement officials;
44	44	2.13 (3) if the offender is assigned to risk level III, the agency shall disclose the information
45	45	2.14to the persons and entities described in clauses (1) and (2) and to other members of the
46	46	2.15community whom the offender is likely to encounter, unless the law enforcement agency
47	47	2.16determines that public safety would be compromised by the disclosure or that a more limited
48	48	2.17disclosure is necessary to protect the identity of the victim.
49	49	2.18 Notwithstanding the assignment of a predatory offender to risk level II or III, a law
50	50	2.19enforcement agency may not make the disclosures permitted or required by clause (2) or
51	51	2.20(3), if: the offender is placed or resides in a residential facility. However, if an offender is
52	52	2.21placed or resides in a residential facility, the offender and the head of the facility shall
53	53	2.22designate the offender's likely residence upon release from the facility and the head of the
54	54	2.23facility shall notify the commissioner of corrections or the commissioner of human services
55	55	2.24of the offender's likely residence at least 14 days before the offender's scheduled release
56	56	2.25date. The commissioner shall give this information to the law enforcement agency having
57	57	2.26jurisdiction over the offender's likely residence. The head of the residential facility also
58	58	2.27shall notify the commissioner of corrections or human services within 48 hours after
59	59	2.28finalizing the offender's approved relocation plan to a permanent residence. Within five
60	60	2.29days after receiving this notification, the appropriate commissioner shall give to the
61	61	2.30appropriate law enforcement agency all relevant information the commissioner has
62	62	2.31concerning the offender, including information on the risk factors in the offender's history
63	63	2.32and the risk level to which the offender was assigned. After receiving this information, the
64	64	2.33law enforcement agency shall make the disclosures permitted or required by clause (2) or
65	65	2.34(3), as appropriate.
66	66	2.35 (c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:
67	67	2Section 1.
68	68	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
69	69	3.2a location where the offender lives or is employed, or which the offender visits or is likely
70	70	3.3to visit on a regular basis, other than the location of the offender's outpatient treatment
71	71	3.4program; and
72	72	3.5 (2) the types of interaction which ordinarily occur at that location and other circumstances
73	73	3.6indicate that contact with the offender is reasonably certain.
74	74	3.7 (d) A law enforcement agency or official who discloses information under this subdivision
75	75	3.8shall make a good faith effort to make the notification within 14 days of receipt of a
76	76	3.9confirmed address from the Department of Corrections indicating that the offender will be,
77	77	3.10or has been, released from confinement, or accepted for supervision, or has moved to a new
78	78	3.11address and will reside at the address indicated. If a change occurs in the release plan, this
79	79	3.12notification provision does not require an extension of the release date.
80	80	3.13 (e) A law enforcement agency or official who discloses information under this subdivision
81	81	3.14shall not disclose the identity or any identifying characteristics of the victims of or witnesses
82	82	3.15to the offender's offenses.
83	83	3.16 (f) A law enforcement agency shall continue to disclose information on an offender as
84	84	3.17required by this subdivision for as long as the offender is required to register under section
85	85	3.18243.166. This requirement on a law enforcement agency to continue to disclose information
86	86	3.19also applies to an offender who lacks a primary address and is registering under section
87	87	3.20243.166, subdivision 3a.
88	88	3.21 (g) A law enforcement agency that is disclosing information on an offender assigned to
89	89	3.22risk level III to the public under this subdivision shall inform the commissioner of corrections
90	90	3.23what information is being disclosed and forward this information to the commissioner within
91	91	3.24two days of the agency's determination. The commissioner shall post this information on
92	92	3.25the Internet as required in subdivision 4b.
93	93	3.26 (h) A city council may adopt a policy that addresses when information disclosed under
94	94	3.27this subdivision must be presented in languages in addition to English. The policy may
95	95	3.28address when information must be presented orally, in writing, or both in additional languages
96	96	3.29by the law enforcement agency disclosing the information. The policy may provide for
97	97	3.30different approaches based on the prevalence of non-English languages in different
98	98	3.31neighborhoods.
99	99	3.32 (i) An offender who is the subject of a community notification meeting held pursuant
100	100	3.33to this section may not attend the meeting.
101	101	3Section 1.
102	102	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
103	103	4.2or serves children receives notice under paragraph (b), clause (3), that a level III predatory
104	104	4.3offender resides or works in the surrounding community, notice to parents must be made
105	105	4.4as provided in this paragraph. If the predatory offender identified in the notice is participating
106	106	4.5in programs offered by the facility that require or allow the person to interact with children
107	107	4.6other than the person's children, the principal or head of the entity must notify parents with
108	108	4.7children at the facility of the contents of the notice received pursuant to this section. The
109	109	4.8immunity provisions of subdivision 7 apply to persons disclosing information under this
110	110	4.9paragraph.
111	111	4.10 (k) When an offender for whom notification was made under this subdivision no longer
112	112	4.11resides, is employed, or is regularly found in the area, and the law enforcement agency that
113	113	4.12made the notification is aware of this, the agency shall inform the entities and individuals
114	114	4.13initially notified of the change in the offender's status. If notification was made under
115	115	4.14paragraph (b), clause (3), the agency shall provide the updated information required under
116	116	4.15this paragraph in a manner designed to ensure a similar scope of dissemination. However,
117	117	4.16the agency is not required to hold a public meeting to do so.
118	118	4Section 1.
119	119	23-01485 as introduced12/28/22 REVISOR KLL/KA