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1998 SESSION

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HB 304 Sex offenders; community notification.

Introduced by: Alan A. Diamonstein | all patrons    ...    notes | add to my profiles

SUMMARY:

Sex offenders; community notification. Establishes a procedure, based upon a 1996 Minnesota statute, for community notification regarding sex offenders who are currently required to register with the State Police upon their release from confinement. At least 90 days prior to release, a confined offender will be assessed by committees appointed by the Director of the Department of Corrections using factors such as the seriousness of the offense for which he was confined, his prior criminal history, availability of community-based treatments, physical limitations affecting the ability to reoffend, etc. Based upon the assessment, the offender will be assigned to level I (unlikely to reoffend), level II (moderately likely to reoffend) or level III (highly likely to reoffend). Provisions are included for review and reassessment. The assessment is to be given to the local law-enforcement agency where the offender will reside at least 60 days prior to his release. Information on level I offenders may be disclosed to other law-enforcement agencies and witnesses, and shall be disclosed to any victim who requests it. Information on a level II offender may be disclosed to schools, days care establishments and entities that "primarily serve individuals likely to be victimized by the offender," provided there is a likelihood that the offender is likely to encounter them (e.g., close proximity to offender's residence or place of employment, etc.). Information on a level III offender may be disclosed to any members of the community whom the offender is likely to encounter. Local law enforcement is encouraged to make the authorized disclosures at least 14 days prior to the offender's release. Immunity is granted for good faith disclosure or failure to disclose. In addition to the notice of release given to local law enforcement, the Director of the Department of Corrections is required to give 60 days' advance notice to any victim, witness or other person identified by the Commonwealth's attorney. If a sentence of confinement is not imposed upon a person convicted of an offense for which registration as a sex offender is required, the person's probation officer is to give notice of the terms and conditions of the probation to local law enforcement and any victims or witnesses who request such notice. The officer is granted discretion to further disclose this information to schools, day care facilities and entities that serve individuals "likely to be victimized." The notification provisions are made applicable to persons convicted on and after July 1, 1998, and to persons convicted prior to that date who are incarcerated for a registration offense or are on supervised probation for a registration offense on that date.


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