1.1 	A bill for an act
1.2 	relating to public safety; modifying procedures for community notification for 
1.3 	out-of-state sex offenders;amending Minnesota Statutes 2005 Supplement, 
1.4 	section 244.052, subdivision 3a.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2005 Supplement, section 244.052, subdivision 3a, 
1.7 	is amended to read:
1.8 		Subd. 3a.Offenders from other states and offenders released from federal 
1.9 	facilities. (a) Except as provided in paragraph (b), the commissioner shall establish an 
1.10 	end-of-confinement review committee to assign a risk level:
1.11 	(1) to offenders who are released from a federal correctional facility in Minnesota or 
1.12 	a federal correctional facility in another state and who intend to reside in Minnesota;
1.13 	(2) to offenders who are accepted from another state under the interstate compact 
1.14 	authorized by section 243.16 or 243.1605 or any other authorized interstate agreement; and
1.15 	(3) to offenders who are referred to the committee by local law enforcement 
1.16 	agencies under paragraph (f).
1.17 	(b) This subdivision does not require the commissioner to convene an 
1.18 	end-of-confinement review committee for a person coming into Minnesota who is subject 
1.19 	to probation under another state's law. The probation or court services officer and 
1.20 	law enforcement officer shall manage such cases in accordance with section 244.10, 
1.21 	subdivision 8.
1.22 	(c) The committee shall make reasonable efforts to conform to the same timelines 
1.23 	applied to offenders released from a Minnesota correctional facility and shall collect all 
1.24 	relevant information and records on offenders assessed and assigned a risk level under 
2.1 	this subdivision. ~~However, for offenders who were assigned the most serious risk level~~ 
2.2 	~~by another state, the committee must act promptly to collect the information required~~ 
2.3 	~~under this paragraph.~~
2.4 	The end-of-confinement review committee must proceed in accordance with all 
2.5 	requirements set forth in this section and follow all policies and procedures applied to 
2.6 	offenders released from a Minnesota correctional facility in reviewing information and 
2.7 	assessing the risk level of offenders covered by this subdivision, unless restrictions 
2.8 	caused by the nature of federal or interstate transfers prevent such conformance. All of 
2.9 	the provisions of this section apply to offenders who are assessed and assigned a risk 
2.10 	level under this subdivision.
2.11 	(d) If a local law enforcement agency learns or suspects that a person who is subject 
2.12 	to this section is living in Minnesota and a risk level has not been assigned to the person 
2.13 	under this section, the law enforcement agency shall provide this information to the Bureau 
2.14 	of Criminal Apprehension and the commissioner of corrections within three business days.
2.15 	(e) ~~If the commissioner receives reliable information from a local law enforcement~~ 
2.16 	~~agency or the bureau that a person subject to this section is living in Minnesota and a local~~ 
2.17 	~~law enforcement agency so requests, the commissioner must determine if the person~~ 
2.18 	~~was assigned a risk level under a law comparable to this section. If the commissioner~~ 
2.19 	~~determines that the law is comparable and public safety warrants, the commissioner,~~ 
2.20 	~~within three business days of receiving a request, shall notify the local law enforcement~~ 
2.21 	~~agency that it may, in consultation with the department, proceed with notification under~~ 
2.22 	~~subdivision 4 based on the person's out-of-state risk level. However, if the commissioner~~ 
2.23 	~~concludes that the offender is from a state with a risk level assessment law that is not~~ 
2.24 	~~comparable to this section, the extent of the notification may not exceed that of a risk level~~ 
2.25 	~~II offender under subdivision 4, paragraph (b), unless the requirements of paragraph~~ 
2.26 	~~(f) have been met. If an assessment is requested from the end-of-confinement review~~ 
2.27 	~~committee under paragraph (f), the local law enforcement agency may continue to~~ 
2.28 	~~disclose information under subdivision 4 until the committee assigns the person a risk~~ 
2.29 	~~level. After the committee assigns a risk level to an offender pursuant to a request made~~ 
2.30 	~~under paragraph (f), the information disclosed by law enforcement shall be consistent with~~ 
2.31 	~~the risk level assigned by the end-of-confinement review committee. The commissioner~~ 
2.32 	~~of corrections, in consultation with legal advisers, shall determine whether the law of~~ 
2.33 	~~another state is comparable to this section.~~ A local law enforcement agency that learns a 
2.34 	predatory offender from another state is living in the agency's jurisdiction may proceed 
2.35 	immediately with disclosure of information to the public consistent with the guidelines 
2.36 	set forth for level III offenders in subdivision 4, paragraph (b), clause (3), if the agency 
3.1 	obtains written confirmation that the offender's state of origin concluded that the offender 
3.2 	is in the class of offenders who are most likely to reoffend. For out-of-state offenders who 
3.3 	are not classified by their state of origin as the most likely to reoffend, a law enforcement 
3.4 	agency may disclose information to the public consistent with the guidelines set forth for 
3.5 	level II offenders in subdivision 4, paragraph (b), clause (2), unless the requirements 
3.6 	of paragraph (f) have been met.
3.7 	(f) If the local law enforcement agency wants to make a broader disclosure than 
3.8 	is authorized under paragraph (e), the law enforcement agency may request that an 
3.9 	end-of-confinement review committee assign a risk level to the offender. The local law 
3.10 	enforcement agency shall provide to the committee all available information concerning 
3.11 	the offender's criminal history, the risk the offender poses to the community, and other 
3.12 	relevant information. The department shall attempt to obtain other information relevant to 
3.13 	determining which risk level to assign the offender. The committee shall promptly assign 
3.14 	a risk level to an offender referred to the committee under this paragraph.

3.15 	EFFECTIVE DATE. This section is effective the day following final enactment.