1.1 	A bill for an act
1.2 	relating to predatory offenders; requiring offenders
1.3 	without a primary address to register under the
1.4 	predatory offender registration law; clarifying the
1.5 	disclosure of information on predatory offenders under
1.6 	the community notification law; moving definitions in
1.7 	the predatory offender registration law; making
1.8 	conforming changes; amending Minnesota Statutes 2004,
1.9 	sections 243.166; 244.052, subdivision 4; repealing
1.10 	Minnesota Statutes 2004, section 243.166, subdivisions
1.11 	1, 8.
1.12 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13 	Section 1. Minnesota Statutes 2004, section 243.166, is
1.14 	amended to read:
1.15 	243.166 REGISTRATION OF PREDATORY OFFENDERS.
1.16 		Subdivision 1.Registration required. (a) A person shall
1.17 	register under this section if:
1.18 	(1) the person was charged with or petitioned for a felony
1.19 	violation of or attempt to violate any of the following, and
1.20 	convicted of or adjudicated delinquent for that offense or
1.21 	another offense arising out of the same set of circumstances:
1.22 	(i) murder under section 609.185, clause (2); or 
1.23 	(ii) kidnapping under section 609.25; or 
1.24 	(iii) criminal sexual conduct under section 609.342;
1.25 	609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
1.26 	(iv) indecent exposure under section 617.23, subdivision 3;
1.27 	or 
1.28 	(2) the person was charged with or petitioned for falsely
2.1 	imprisoning a minor in violation of section 609.255, subdivision
2.2 	2; soliciting a minor to engage in prostitution in violation of
2.3 	section 609.322 or 609.324; soliciting a minor to engage in
2.4 	sexual conduct in violation of section 609.352; using a minor in
2.5 	a sexual performance in violation of section 617.246; or
2.6 	possessing pornographic work involving a minor in violation of
2.7 	section 617.247, and convicted of or adjudicated delinquent for
2.8 	that offense or another offense arising out of the same set of
2.9 	circumstances; or 
2.10 	(3) the person was convicted of a predatory crime as
2.11 	defined in section 609.108, and the offender was sentenced as a
2.12 	patterned sex offender or the court found on its own motion or
2.13 	that of the prosecutor that the crime was part of a predatory
2.14 	pattern of behavior that had criminal sexual conduct as its
2.15 	goal; or 
2.16 	(4) the person was convicted of or adjudicated delinquent
2.17 	for, including pursuant to a court martial, violating a law of
2.18 	the United States, including the Uniform Code of Military
2.19 	Justice, similar to the offenses described in clause (1), (2),
2.20 	or (3).
2.21 	(b) A person also shall register under this section if:
2.22 	(1) the person was convicted of or adjudicated delinquent
2.23 	in another state for an offense that would be a violation of a
2.24 	law described in paragraph (a) if committed in this state;
2.25 	(2) the person enters the state to reside, or to work or
2.26 	attend school; and 
2.27 	(3) ten years have not elapsed since the person was
2.28 	released from confinement or, if the person was not confined,
2.29 	since the person was convicted of or adjudicated delinquent for
2.30 	the offense that triggers registration, unless the person is
2.31 	subject to lifetime registration, in which case the person must
2.32 	register for life regardless of when the person was released
2.33 	from confinement, convicted, or adjudicated delinquent.
2.34 	For purposes of this paragraph:
2.35 	(i) "school" includes any public or private educational
2.36 	institution, including any secondary school, trade or
3.1 	professional institution, or institution of higher education,
3.2 	that the person is enrolled in on a full-time or part-time
3.3 	basis; and 
3.4 	(ii) "work" includes employment that is full time or part
3.5 	time for a period of time exceeding 14 days or for an aggregate
3.6 	period of time exceeding 30 days during any calendar year,
3.7 	whether financially compensated, volunteered, or for the purpose
3.8 	of government or educational benefit.
3.9 	(c) A person also shall register under this section if the
3.10 	person was committed pursuant to a court commitment order under
3.11 	section 253B.185 or Minnesota Statutes 1992, section 526.10, or
3.12 	a similar law of another state or the United States, regardless
3.13 	of whether the person was convicted of any offense.
3.14 	(d) A person also shall register under this section if:
3.15 	(1) the person was charged with or petitioned for a felony
3.16 	violation or attempt to violate any of the offenses listed in
3.17 	paragraph (a), clause (1), or a similar law of another state or
3.18 	the United States, or the person was charged with or petitioned
3.19 	for a violation of any of the offenses listed in paragraph (a),
3.20 	clause (2), or a similar law of another state or the United
3.21 	States;
3.22 	(2) the person was found not guilty by reason of mental
3.23 	illness or mental deficiency after a trial for that offense, or
3.24 	found guilty but mentally ill after a trial for that offense, in
3.25 	states with a guilty but mentally ill verdict; and 
3.26 	(3) the person was committed pursuant to a court commitment
3.27 	order under section 253B.18 or a similar law of another state or
3.28 	the United States.
3.29 		Subd. 1a.Definitions. (a) As used in this section, the
3.30 	following terms have the meanings given them.
3.31 	(b) "Law enforcement authority" means, with respect to a
3.32 	home rule charter or statutory city, the chief of police, and
3.33 	with respect to an unincorporated area, the sheriff of the
3.34 	county.
3.35 	(c) "Motor vehicle" has the meaning given of "vehicle" in
3.36 	section 169.01, subdivision 2.
4.1 	(d) "Primary address" means any place where the person
4.2 	resides longer than 14 days or that is deemed a primary address
4.3 	by a person's corrections agent, if one is assigned to the
4.4 	person.
4.5 	(e) "School" includes any public or private educational
4.6 	institution, including any secondary school, trade, or
4.7 	professional institution, or institution of higher education,
4.8 	that the person is enrolled in on a full-time or part-time basis.
4.9 	(f) "Secondary address" means any place where the person
4.10 	regularly stays overnight when not staying at the person's
4.11 	primary address, and includes, but is not limited to:
4.12 	(1) the home of a person's parent if the person is a
4.13 	student and stays at the parent's home at times when the person
4.14 	is not staying at school, including during the summer; and 
4.15 	(2) the home of someone with whom the person has a minor
4.16 	child in common where the child's custody is shared.
4.17 	(g) "Treatment facility" means a residential facility, as
4.18 	defined in section 244.052, subdivision 1, and residential
4.19 	chemical dependency treatment programs and halfway houses
4.20 	licensed under chapter 245A, including, but not limited to,
4.21 	those facilities directly or indirectly assisted by any
4.22 	department or agency of the United States.
4.23 	(h) "Work" includes employment that is full time or part
4.24 	time for a period of time exceeding 14 days or for an aggregate
4.25 	period of time exceeding 30 days during any calendar year,
4.26 	whether financially compensated, volunteered, or for the purpose
4.27 	of government or educational benefit.
4.28 		Subd. 1b.Registration required. (a) A person shall
4.29 	register under this section if:
4.30 	(1) the person was charged with or petitioned for a felony
4.31 	violation of or attempt to violate any of the following, and
4.32 	convicted of or adjudicated delinquent for that offense or
4.33 	another offense arising out of the same set of circumstances:
4.34 	(i) murder under section 609.185, clause (2); or 
4.35 	(ii) kidnapping under section 609.25; or 
4.36 	(iii) criminal sexual conduct under section 609.342;
5.1 	609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
5.2 	(iv) indecent exposure under section 617.23, subdivision 3;
5.3 	(2) the person was charged with or petitioned for falsely
5.4 	imprisoning a minor in violation of section 609.255, subdivision
5.5 	2; soliciting a minor to engage in prostitution in violation of
5.6 	section 609.322 or 609.324; soliciting a minor to engage in
5.7 	sexual conduct in violation of section 609.352; using a minor in
5.8 	a sexual performance in violation of section 617.246; or
5.9 	possessing pornographic work involving a minor in violation of
5.10 	section 617.247, and convicted of or adjudicated delinquent for
5.11 	that offense or another offense arising out of the same set of
5.12 	circumstances;
5.13 	(3) the person was convicted of a predatory crime as
5.14 	defined in section 609.108, and the offender was sentenced as a
5.15 	patterned sex offender or the court found on its own motion or
5.16 	that of the prosecutor that the crime was part of a predatory
5.17 	pattern of behavior that had criminal sexual conduct as its
5.18 	goal; or 
5.19 	(4) the person was convicted of or adjudicated delinquent
5.20 	for, including pursuant to a court martial, violating a law of
5.21 	the United States, including the Uniform Code of Military
5.22 	Justice, similar to the offenses described in clause (1), (2),
5.23 	or (3).
5.24 	(b) A person also shall register under this section if:
5.25 	(1) the person was convicted of or adjudicated delinquent
5.26 	in another state for an offense that would be a violation of a
5.27 	law described in paragraph (a) if committed in this state;
5.28 	(2) the person enters the state to reside, work, or attend
5.29 	school; and 
5.30 	(3) ten years have not elapsed since the person was
5.31 	released from confinement or, if the person was not confined,
5.32 	since the person was convicted of or adjudicated delinquent for
5.33 	the offense that triggers registration, unless the person is
5.34 	subject to lifetime registration, in which case the person must
5.35 	register for life regardless of when the person was released
5.36 	from confinement, convicted, or adjudicated delinquent.
6.1 	(c) A person also shall register under this section if the
6.2 	person was committed pursuant to a court commitment order under
6.3 	section 253B.185 or Minnesota Statutes 1992, section 526.10, or
6.4 	a similar law of another state or the United States, regardless
6.5 	of whether the person was convicted of any offense.
6.6 	(d) A person also shall register under this section if:
6.7 	(1) the person was charged with or petitioned for a felony
6.8 	violation or attempt to violate any of the offenses listed in
6.9 	paragraph (a), clause (1), or a similar law of another state or
6.10 	the United States, or the person was charged with or petitioned
6.11 	for a violation of any of the offenses listed in paragraph (a),
6.12 	clause (2), or a similar law of another state or the United
6.13 	States;
6.14 	(2) the person was found not guilty by reason of mental
6.15 	illness or mental deficiency after a trial for that offense, or
6.16 	found guilty but mentally ill after a trial for that offense, in
6.17 	states with a guilty but mentally ill verdict; and 
6.18 	(3) the person was committed pursuant to a court commitment
6.19 	order under section 253B.18 or a similar law of another state or
6.20 	the United States.
6.21 		Subd. 2.Notice. When a person who is required to
6.22 	register under subdivision 1 1b, paragraph (a), is sentenced or
6.23 	becomes subject to a juvenile court disposition order, the court
6.24 	shall tell the person of the duty to register under this section
6.25 	and that, if the person fails to comply with the registration
6.26 	requirements, information about the offender may be made
6.27 	available to the public through electronic, computerized, or
6.28 	other accessible means.  The court may not modify the person's
6.29 	duty to register in the pronounced sentence or disposition
6.30 	order.  The court shall require the person to read and sign a
6.31 	form stating that the duty of the person to register under this
6.32 	section has been explained.  The court shall forward the signed
6.33 	sex offender registration form, the complaint, and sentencing
6.34 	documents to the Bureau of Criminal Apprehension.  If a person
6.35 	required to register under subdivision 1 1b, paragraph (a), was
6.36 	not notified by the court of the registration requirement at the
7.1 	time of sentencing or disposition, the assigned corrections
7.2 	agent shall notify the person of the requirements of this
7.3 	section.  When a person who is required to register under
7.4 	subdivision 1 1b, paragraph (c) or (d), is released from
7.5 	commitment, the treatment facility shall notify the person of
7.6 	the requirements of this section.  The treatment facility shall
7.7 	also obtain the registration information required under this
7.8 	section and forward it to the Bureau of Criminal Apprehension.
7.9 		Subd. 3.Registration procedure. (a) Except as provided
7.10 	in subdivision 3a,a person required to register under this
7.11 	section shall register with the corrections agent as soon as the
7.12 	agent is assigned to the person.  If the person does not have an
7.13 	assigned corrections agent or is unable to locate the assigned
7.14 	corrections agent, the person shall register with the law
7.15 	enforcement agency authority that has jurisdiction in the area
7.16 	of the person's residence primary address or where the person
7.17 	will stay.
7.18 	(b) Except as provided in subdivision 3a,at least five
7.19 	days before the person starts living at a new primary address,
7.20 	including living in another state, the a person shall give
7.21 	written notice of the new primary living address to the assigned
7.22 	corrections agent or to the law enforcement authority with which
7.23 	the person currently is registered at least five days before the
7.24 	person moves to a new address where the person intends to stay
7.25 	for 14 days or longer.  If the person will be living in a new
7.26 	state and that state has a registration requirement, the person
7.27 	shall also give written notice of the new address to the
7.28 	designated registration agency in the new state.  A person
7.29 	required to register under this section shall also give written
7.30 	notice to the assigned corrections agent or to the law
7.31 	enforcement authority that has jurisdiction in the area of the
7.32 	person's residence primary address that the person is no longer
7.33 	living or staying at an address, immediately after the person is
7.34 	no longer living or staying at that address.  The corrections
7.35 	agent or law enforcement authority shall, within two business
7.36 	days after receipt of this information, forward it to the Bureau
8.1 	of Criminal Apprehension.  The Bureau of Criminal Apprehension
8.2 	shall, if it has not already been done, notify the law
8.3 	enforcement authority having primary jurisdiction in the
8.4 	community where the person will live of the new address.  If the
8.5 	person is leaving the state, the Bureau of Criminal Apprehension
8.6 	shall notify the registration authority in the new state of the
8.7 	new address.  If the person's obligation to register arose under
8.8 	subdivision 1 1b, paragraph (b), the person's registration
8.9 	requirements under this section terminate when the person begins
8.10 	living in the new state.
8.11 	(c) A person required to register under subdivision 1 1b,
8.12 	paragraph (b), because the person is working or attending school
8.13 	in Minnesota shall register with the law enforcement
8.14 	agency authority that has jurisdiction in the area where the
8.15 	person works or attends school.  In addition to other
8.16 	information required by this section, the person shall provide
8.17 	the address of the school or of the location where the person is
8.18 	employed.  A person must comply with this paragraph within five
8.19 	days of beginning employment or school.  A person's obligation
8.20 	to register under this paragraph terminates when the person is
8.21 	no longer working or attending school in Minnesota.
8.22 	(d) A person required to register under this section who
8.23 	works or attends school outside of Minnesota shall register as a
8.24 	predatory offender in the state where the person works or
8.25 	attends school.  The person's corrections agent, or if the
8.26 	person does not have an assigned corrections agent, the law
8.27 	enforcement authority that has jurisdiction in the area of the
8.28 	person's residence primary address shall notify the person of
8.29 	this requirement.
8.30 		Subd. 3a.Registration procedure when person lacks
8.31 	primary address. (a) If a person leaves a primary address and
8.32 	does not have a new primary address, the person must register
8.33 	with the law enforcement authority that has jurisdiction in the
8.34 	area where the person is staying within 24 hours of the time the
8.35 	person no longer has a primary address.
8.36 	(b) A person who lacks a primary address must register with
9.1 	the law enforcement authority that has jurisdiction in the area
9.2 	where the person is staying within 24 hours after entering the
9.3 	jurisdiction.  Each time a person who lacks a primary address
9.4 	moves to a new jurisdiction without acquiring a primary address,
9.5 	the person shall register with the law enforcement authority
9.6 	that has jurisdiction in the area where the person is staying
9.7 	within 24 hours after entering the jurisdiction.
9.8 	(c) Upon registering under this subdivision, the person
9.9 	shall provide the law enforcement authority with all of the
9.10 	information the individual is required to provide under
9.11 	subdivision 4a.  However, instead of reporting the person's
9.12 	primary address, the person must describe the location of where
9.13 	the person is staying with as much specificity as possible.
9.14 	(d) Except as otherwise provided in paragraph (e), if a
9.15 	person continues to lack a primary address, the person must
9.16 	report in person on a weekly basis to the law enforcement
9.17 	authority with jurisdiction in the area where the person is
9.18 	staying.  This weekly report shall occur between the hours of
9.19 	9:00 a.m. and 5:00 p.m.  The person is not required to provide
9.20 	the registration information required under subdivision 4a each
9.21 	time the offender reports to a law enforcement authority, but
9.22 	the person must inform the law enforcement authority of changes
9.23 	to any information provided under subdivision 4a or this
9.24 	subdivision and must otherwise comply with this subdivision.
9.25 	(e) If the law enforcement authority determines that it is
9.26 	impractical, due to the person's unique circumstances, to
9.27 	require a person lacking a primary address to report weekly and
9.28 	in person as required under paragraph (d), the law enforcement
9.29 	authority may authorize the person to follow an alternative
9.30 	reporting procedure.  The law enforcement authority shall
9.31 	consult with the person's corrections agent in establishing the
9.32 	specific criteria of this alternative procedure, subject to the
9.33 	following requirements.
9.34 	(1) The law enforcement authority must document, in the
9.35 	person's registration record, the specific reasons why the
9.36 	weekly, in-person reporting process is impractical for the
10.1 	person to follow.
10.2 	(2) The authority must explain how the alternative
10.3 	reporting procedure furthers the public safety objectives of
10.4 	this section.
10.5 	(3) The authority must require the person lacking a primary
10.6 	address to report in person at least monthly to the law
10.7 	enforcement authority or the person's corrections agent and must
10.8 	specify the location where the person must report.  If the law
10.9 	enforcement authority determines it would be more practical and
10.10 	would further public safety for the person to report to another
10.11 	law enforcement authority with jurisdiction where the person is
10.12 	staying, it may, after consulting with the other law enforcement
10.13 	authority, include this requirement in the person's alternative
10.14 	reporting process.
10.15 	(4) The authority must require the person to comply with
10.16 	the weekly, in-person reporting process required under paragraph
10.17 	(d), if the person moves to a new area where this process would
10.18 	be practical.
10.19 	(5) The authority must require the person to report any
10.20 	changes to the registration information provided under
10.21 	subdivision 4a and to comply with the periodic registration
10.22 	requirements specified under paragraph (f).
10.23 	(6) The authority must require the person to comply with
10.24 	the requirements of paragraphs (b) and (c), if the person moves
10.25 	to a primary address.
10.26 	(f) If a person continues to lack a primary address and
10.27 	continues to report to the same law enforcement authority, the
10.28 	person shall provide the law enforcement authority with all of
10.29 	the information the individual is required to provide under
10.30 	subdivision 4a and this subdivision at least annually, unless
10.31 	the person is required to register under subdivision 1b,
10.32 	paragraph (c), following commitment pursuant to a court
10.33 	commitment under section 253B.185 or a similar law of another
10.34 	state or the United States.  If the person is required to
10.35 	register under subdivision 1b, paragraph (c), the person shall
10.36 	provide the law enforcement authority with all of the
11.1 	information the individual is required to report under
11.2 	subdivision 4a and this subdivision at least once every three
11.3 	months.
11.4 	(g) A law enforcement authority receiving information under
11.5 	this subdivision must forward registration information and
11.6 	changes to that information to the Bureau of Criminal
11.7 	Apprehension within two business days of receipt of the
11.8 	information.
11.9 	(h) For purposes of this subdivision, a person who fails to
11.10 	report a primary address will be deemed to be a person who lacks
11.11 	a primary address, and the person must comply with the
11.12 	requirements for a person who lacks a primary address.
11.13 		Subd. 4.Contents of registration. (a) The registration
11.14 	provided to the corrections agent or law enforcement authority,
11.15 	must consist of a statement in writing signed by the person,
11.16 	giving information required by the Bureau of Criminal
11.17 	Apprehension, a fingerprint card, and photograph of the person
11.18 	taken at the time of the person's release from incarceration or,
11.19 	if the person was not incarcerated, at the time the person
11.20 	initially registered under this section.  The registration
11.21 	information also must include a written consent form signed by
11.22 	the person allowing a treatment facility to release information
11.23 	to a law enforcement officer about the person's admission to, or
11.24 	residence in, a treatment facility.  Registration information on
11.25 	adults and juveniles may be maintained together notwithstanding
11.26 	section 260B.171, subdivision 3.
11.27 	(b) For persons required to register under subdivision 1 
11.28 	1b, paragraph (c), following commitment pursuant to a court
11.29 	commitment under section 253B.185 or a similar law of another
11.30 	state or the United States, in addition to other information
11.31 	required by this section, the registration provided to the
11.32 	corrections agent or law enforcement authority must include the
11.33 	person's offense history and documentation of treatment received
11.34 	during the person's commitment.  This documentation shall be
11.35 	limited to a statement of how far the person progressed in
11.36 	treatment during commitment.
12.1 	(c) Within three days of receipt, the corrections agent or
12.2 	law enforcement authority shall forward the registration
12.3 	information to the Bureau of Criminal Apprehension.  The bureau
12.4 	shall ascertain whether the person has registered with the law
12.5 	enforcement authority where the person resides in the area of
12.6 	the person's primary address, if any, or if the person lacks a
12.7 	primary address, where the person is staying, as required by
12.8 	subdivision 3a.  If the person has not registered with the law
12.9 	enforcement authority, the bureau shall send one copy to that
12.10 	authority.
12.11 	(d) The corrections agent or law enforcement authority may
12.12 	require that a person required to register under this section
12.13 	appear before the agent or authority to be photographed.  The
12.14 	agent or authority shall forward the photograph to the Bureau of
12.15 	Criminal Apprehension.
12.16 	(e) During the period a person is required to register
12.17 	under this section, the following shall apply:
12.18 	(1) Except for individuals registering under subdivision
12.19 	3a,the Bureau of Criminal Apprehension shall mail a
12.20 	verification form to the last reported address of the person's
12.21 	residence last reported primary address.  This verification form
12.22 	shall provide notice to the offender that, if the offender does
12.23 	not return the verification form as required, information about
12.24 	the offender may be made available to the public through
12.25 	electronic, computerized, or other accessible means.
12.26 	(2) The person shall mail the signed verification form back
12.27 	to the Bureau of Criminal Apprehension within ten days after
12.28 	receipt of the form, stating on the form the current and last
12.29 	address of the person's residence and the other information
12.30 	required under subdivision 4a.
12.31 	(3) If the person fails to mail the completed and signed
12.32 	verification form to the Bureau of Criminal Apprehension within
12.33 	ten days after receipt of the form, the person shall be in
12.34 	violation of this section.
12.35 	For persons required to register under subdivision 1 1b,
12.36 	paragraph (c), following commitment pursuant to a court
13.1 	commitment under section 253B.185 or a similar law of another
13.2 	state or the United States, the bureau shall comply with clause
13.3 	(1) at least four times each year.  For all other persons
13.4 	required to register under this section, the bureau shall comply
13.5 	with clause (1) each year within 30 days of the anniversary date
13.6 	of the person's initial registration.
13.7 	(f) When sending out a verification form, the Bureau of
13.8 	Criminal Apprehension must determine whether the person to whom
13.9 	the verification form is being sent has signed a written consent
13.10 	form as provided for in paragraph (a).  If the person has not
13.11 	signed such a consent form, the Bureau of Criminal Apprehension
13.12 	must send a written consent form to the person along with the
13.13 	verification form.  A person who receives this written consent
13.14 	form must sign and return it to the Bureau of Criminal
13.15 	Apprehension at the same time as the verification form.
13.16 	(g) For the purposes of this subdivision, "treatment
13.17 	facility" means a residential facility, as defined in section
13.18 	244.052, subdivision 1, and residential chemical dependency
13.19 	treatment programs and halfway houses licensed under chapter
13.20 	245A, including, but not limited to, those facilities directly
13.21 	or indirectly assisted by any department or agency of the United
13.22 	States.
13.23 		Subd. 4a.Information required to be provided. (a) As
13.24 	used in this section:
13.25 	(1) "motor vehicle" has the meaning given "vehicle" in
13.26 	section 169.01, subdivision 2;
13.27 	(2) "primary residence" means any place where the person
13.28 	resides longer than 14 days or that is deemed a primary
13.29 	residence by a person's corrections agent, if one is assigned to
13.30 	the person; and 
13.31 	(3) "secondary residence" means any place where the person
13.32 	regularly stays overnight when not staying at the person's
13.33 	primary residence, and includes, but is not limited to:
13.34 	(i) the person's parent's home if the person is a student
13.35 	and stays at the home at times when the person is not staying at
13.36 	school, including during the summer; and 
14.1 	(ii) the home of someone with whom the person has a minor
14.2 	child in common where the child's custody is shared.
14.3 	(b) A person required to register under this section shall
14.4 	provide to the corrections agent or law enforcement authority
14.5 	the following information:
14.6 	(1) the address of the person's primary residence address;
14.7 	(2) the addresses of all of the person's secondary
14.8 	residences addresses in Minnesota, including all addresses used
14.9 	for residential or recreational purposes;
14.10 	(3) the addresses of all Minnesota property owned, leased,
14.11 	or rented by the person;
14.12 	(4) the addresses of all locations where the person is
14.13 	employed;
14.14 	(5) the all addresses of all residences where the person
14.15 	resides while attending school; and
14.16 	(6) the year, model, make, license plate number, and color
14.17 	of all motor vehicles owned or regularly driven by the person.
14.18 	(c) (b) The person shall report to the agent or authority
14.19 	the information required to be provided under paragraph (b) (a),
14.20 	clauses (2) to (6), within five days of the date the clause
14.21 	becomes applicable.  If because of a change in circumstances any
14.22 	information reported under paragraph (b) (a), clauses (1) to
14.23 	(6), no longer applies, the person shall immediately inform the
14.24 	agent or authority that the information is no longer valid. If
14.25 	the person leaves a primary address and does not have a new
14.26 	primary address, the person must register as provided in
14.27 	subdivision 3a.
14.28 		Subd. 5.Criminal penalty. (a) A person required to
14.29 	register under this section who knowingly violates any of its
14.30 	provisions or intentionally provides false information to a
14.31 	corrections agent, law enforcement authority, or the Bureau of
14.32 	Criminal Apprehension is guilty of a felony and may be sentenced
14.33 	to imprisonment for not more than five years or to payment of a
14.34 	fine of not more than $10,000, or both.
14.35 	(b) Except as provided in paragraph (c), a person convicted
14.36 	of violating paragraph (a) shall be committed to the custody of
15.1 	the commissioner of corrections for not less than a year and a
15.2 	day, nor more than five years.
15.3 	(c) A person convicted of violating paragraph (a), who has
15.4 	previously been convicted of or adjudicated delinquent for
15.5 	violating this section, shall be committed to the custody of the
15.6 	commissioner of corrections for not less than two years, nor
15.7 	more than five years.
15.8 	(d) Prior to the time of sentencing, the prosecutor may
15.9 	file a motion to have the person sentenced without regard to the
15.10 	mandatory minimum sentence established by this subdivision.  The
15.11 	motion shall be accompanied by a statement on the record of the
15.12 	reasons for it.  When presented with the motion, or on its own
15.13 	motion, the court may sentence the person without regard to the
15.14 	mandatory minimum sentence if the court finds substantial and
15.15 	compelling reasons to do so.  Sentencing a person in the manner
15.16 	described in this paragraph is a departure from the Sentencing
15.17 	Guidelines.
15.18 	(e) A person convicted and sentenced as required by this
15.19 	subdivision is not eligible for probation, parole, discharge,
15.20 	work release, or supervised release, until that person has
15.21 	served the full term of imprisonment as provided by law,
15.22 	notwithstanding the provisions of sections 241.26, 242.19,
15.23 	243.05, 244.04, 609.12, and 609.135.
15.24 		Subd. 6.Registration period. (a) Notwithstanding the
15.25 	provisions of section 609.165, subdivision 1, and except as
15.26 	provided in paragraphs (b), (c), and (d), a person required to
15.27 	register under this section shall continue to comply with this
15.28 	section until ten years have elapsed since the person initially
15.29 	registered in connection with the offense, or until the
15.30 	probation, supervised release, or conditional release period
15.31 	expires, whichever occurs later.  For a person required to
15.32 	register under this section who is committed under section
15.33 	253B.18 or 253B.185, the ten-year registration period does not
15.34 	include the period of commitment.
15.35 	(b) If a person required to register under this section
15.36 	fails to register following a change in residence the person's
16.1 	primary or secondary address or motor vehicle information, the
16.2 	commissioner of public safety may require the person to continue
16.3 	to register for an additional period of five years.  This
16.4 	five-year period is added to the end of the offender's
16.5 	registration period.
16.6 	(c) If a person required to register under this section is
16.7 	subsequently incarcerated following a revocation of probation,
16.8 	supervised release, or conditional release for that offense, or
16.9 	a conviction for any new offense, the person shall continue to
16.10 	register until ten years have elapsed since the person was last
16.11 	released from incarceration or until the person's probation,
16.12 	supervised release, or conditional release period expires,
16.13 	whichever occurs later.
16.14 	(d) A person shall continue to comply with this section for
16.15 	the life of that person:
16.16 	(1) if the person is convicted of or adjudicated delinquent
16.17 	for any offense for which registration is required under
16.18 	subdivision 1 1b, or any offense from another state or any
16.19 	federal offense similar to the offenses described in subdivision
16.20 	1 1b, and the person has a prior conviction or adjudication for
16.21 	an offense for which registration was or would have been
16.22 	required under subdivision 1 1b, or an offense from another
16.23 	state or a federal offense similar to an offense described in
16.24 	subdivision 1 1b;
16.25 	(2) if the person is required to register based upon a
16.26 	conviction or delinquency adjudication for an offense under
16.27 	section 609.185, clause (2), or a similar statute from another
16.28 	state or the United States;
16.29 	(3) if the person is required to register based upon a
16.30 	conviction for an offense under section 609.342, subdivision 1,
16.31 	paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
16.32 	1, paragraph (a), (c), (d), (e), (f), or (h); 609.344,
16.33 	subdivision 1, paragraph (a), (c), or (g); or 609.345,
16.34 	subdivision 1, paragraph (a), (c), or (g); or a statute from
16.35 	another state or the United States similar to the offenses
16.36 	described in this clause; or
17.1 	(4) if the person is required to register under subdivision
17.2 	1 1b, paragraph (c), following commitment pursuant to a court
17.3 	commitment under section 253B.185 or a similar law of another
17.4 	state or the United States.
17.5 		Subd. 7.Use of information. Except as otherwise
17.6 	provided in subdivision 7a or sections 244.052 and 299C.093, the
17.7 	information provided under this section is private data on
17.8 	individuals under section 13.02, subdivision 12.  The
17.9 	information may be used only for law enforcement purposes.
17.10 		Subd. 7a.Availability of information on offenders who
17.11 	are out of compliance with registration law. (a) The Bureau of
17.12 	Criminal Apprehension may make information available to the
17.13 	public about offenders who are 16 years of age or older and who
17.14 	are out of compliance with this section for 30 days or longer
17.15 	for failure to provide the address of the offenders' primary or
17.16 	secondary residences addresses.  This information may be made
17.17 	available to the public through electronic, computerized, or
17.18 	other accessible means.  The amount and type of information made
17.19 	available shall be limited to the information necessary for the
17.20 	public to assist law enforcement in locating the offender.
17.21 	(b) An offender who comes into compliance with this section
17.22 	after the Bureau of Criminal Apprehension discloses information
17.23 	about the offender to the public may send a written request to
17.24 	the bureau requesting the bureau to treat information about the
17.25 	offender as private data, consistent with subdivision 7.  The
17.26 	bureau shall review the request and promptly take reasonable
17.27 	action to treat the data as private, if the offender has
17.28 	complied with the requirement that the offender provide the
17.29 	addresses of the offender's primary and secondary residences 
17.30 	addresses, or promptly notify the offender that the information
17.31 	will continue to be treated as public information and the
17.32 	reasons for the bureau's decision.
17.33 	(c) If an offender believes the information made public
17.34 	about the offender is inaccurate or incomplete, the offender may
17.35 	challenge the data under section 13.04, subdivision 4.
17.36 	(d) The Bureau of Criminal Apprehension is immune from any
18.1 	civil or criminal liability that might otherwise arise, based on
18.2 	the accuracy or completeness of any information made public
18.3 	under this subdivision, if the bureau acts in good faith.
18.4 		Subd. 8.Law enforcement authority. For purposes of this
18.5 	section, a law enforcement authority means, with respect to a
18.6 	home rule charter or statutory city, the chief of police, and
18.7 	with respect to an unincorporated area, the sheriff of the
18.8 	county.
18.9 		Subd. 9.Offenders from other states. When the state
18.10 	accepts an offender from another state under a reciprocal
18.11 	agreement under the interstate compact authorized by section
18.12 	243.16 or under any authorized interstate agreement, the
18.13 	acceptance is conditional on the offender agreeing to register
18.14 	under this section when the offender is living in Minnesota.
18.15 	
EFFECTIVE DATE. This section is effective the day
18.16 	following final enactment and applies to persons subject to
18.17 	registration on or after that date.

18.18 	Sec. 2. Minnesota Statutes 2004, section 244.052,
18.19 	subdivision 4, is amended to read:
18.20 		Subd. 4.Law enforcement agency; disclosure of
18.21 	information to public.  (a) The law enforcement agency in the
18.22 	area where the predatory offender resides, expects to reside, is
18.23 	employed, or is regularly found, shall disclose to the public
18.24 	any information regarding the offender contained in the report
18.25 	forwarded to the agency under subdivision 3, paragraph (f), that
18.26 	is relevant and necessary to protect the public and to
18.27 	counteract the offender's dangerousness, consistent with the
18.28 	guidelines in paragraph (b).  The extent of the information
18.29 	disclosed and the community to whom disclosure is made must
18.30 	relate to the level of danger posed by the offender, to the
18.31 	offender's pattern of offending behavior, and to the need of
18.32 	community members for information to enhance their individual
18.33 	and collective safety.
18.34 	(b) The law enforcement agency shall employ the following
18.35 	guidelines in determining the scope of disclosure made under
18.36 	this subdivision:
19.1 	(1) if the offender is assigned to risk level I, the agency
19.2 	may maintain information regarding the offender within the
19.3 	agency and may disclose it to other law enforcement agencies.
19.4 	Additionally, the agency may disclose the information to any
19.5 	victims of or witnesses to the offense committed by the
19.6 	offender. The agency shall disclose the information to victims
19.7 	of the offense committed by the offender who have requested
19.8 	disclosure and to adult members of the offender's immediate
19.9 	household;
19.10 	(2) if the offender is assigned to risk level II, the
19.11 	agency also may disclose the information to agencies and groups
19.12 	that the offender is likely to encounter for the purpose of
19.13 	securing those institutions and protecting individuals in their
19.14 	care while they are on or near the premises of the institution.
19.15 	These agencies and groups include the staff members of public
19.16 	and private educational institutions, day care establishments,
19.17 	and establishments and organizations that primarily serve
19.18 	individuals likely to be victimized by the offender.  The agency
19.19 	also may disclose the information to individuals the agency
19.20 	believes are likely to be victimized by the offender.  The
19.21 	agency's belief shall be based on the offender's pattern of
19.22 	offending or victim preference as documented in the information
19.23 	provided by the department of corrections or human services;
19.24 	(3) if the offender is assigned to risk level III, the
19.25 	agency shall disclose the information to the persons and
19.26 	entities described in clauses (1) and (2) and to other members
19.27 	of the community whom the offender is likely to encounter,
19.28 	unless the law enforcement agency determines that public safety
19.29 	would be compromised by the disclosure or that a more limited
19.30 	disclosure is necessary to protect the identity of the victim.
19.31 	Notwithstanding the assignment of a predatory offender to
19.32 	risk level II or III, a law enforcement agency may not make the
19.33 	disclosures permitted or required by clause (2) or (3), if:  the
19.34 	offender is placed or resides in a residential facility.
19.35 	However, if an offender is placed or resides in a residential
19.36 	facility, the offender and the head of the facility shall
20.1 	designate the offender's likely residence upon release from the
20.2 	facility and the head of the facility shall notify the
20.3 	commissioner of corrections or the commissioner of human
20.4 	services of the offender's likely residence at least 14 days
20.5 	before the offender's scheduled release date.  The commissioner
20.6 	shall give this information to the law enforcement agency having
20.7 	jurisdiction over the offender's likely residence.  The head of
20.8 	the residential facility also shall notify the commissioner of
20.9 	corrections or human services within 48 hours after finalizing
20.10 	the offender's approved relocation plan to a permanent
20.11 	residence.  Within five days after receiving this notification,
20.12 	the appropriate commissioner shall give to the appropriate law
20.13 	enforcement agency all relevant information the commissioner has
20.14 	concerning the offender, including information on the risk
20.15 	factors in the offender's history and the risk level to which
20.16 	the offender was assigned.  After receiving this information,
20.17 	the law enforcement agency shall make the disclosures permitted
20.18 	or required by clause (2) or (3), as appropriate.
20.19 	(c) As used in paragraph (b), clauses (2) and (3), "likely
20.20 	to encounter" means that:
20.21 	(1) the organizations or community members are in a
20.22 	location or in close proximity to a location where the offender
20.23 	lives or is employed, or which the offender visits or is likely
20.24 	to visit on a regular basis, other than the location of the
20.25 	offender's outpatient treatment program; and
20.26 	(2) the types of interaction which ordinarily occur at that
20.27 	location and other circumstances indicate that contact with the
20.28 	offender is reasonably certain.
20.29 	(d) A law enforcement agency or official who discloses
20.30 	information under this subdivision shall make a good faith
20.31 	effort to make the notification within 14 days of receipt of a
20.32 	confirmed address from the Department of Corrections indicating
20.33 	that the offender will be, or has been, released from
20.34 	confinement, or accepted for supervision, or has moved to a new
20.35 	address and will reside at the address indicated.  If a change
20.36 	occurs in the release plan, this notification provision does not
21.1 	require an extension of the release date.
21.2 	(e) A law enforcement agency or official who discloses
21.3 	information under this subdivision shall not disclose the
21.4 	identity or any identifying characteristics of the victims of or
21.5 	witnesses to the offender's offenses.
21.6 	(f) A law enforcement agency shall continue to disclose
21.7 	information on an offender as required by this subdivision for
21.8 	as long as the offender is required to register under section
21.9 	243.166. This requirement on a law enforcement agency to
21.10 	continue to disclose information also applies to an offender who
21.11 	lacks a primary address and is registering under section
21.12 	243.166, subdivision 3a.
21.13 	(g) A law enforcement agency that is disclosing information
21.14 	on an offender assigned to risk level III to the public under
21.15 	this subdivision shall inform the commissioner of corrections
21.16 	what information is being disclosed and forward this information
21.17 	to the commissioner within two days of the agency's
21.18 	determination.  The commissioner shall post this information on
21.19 	the Internet as required in subdivision 4b.
21.20 	(h) A city council may adopt a policy that addresses when
21.21 	information disclosed under this subdivision must be presented
21.22 	in languages in addition to English.  The policy may address
21.23 	when information must be presented orally, in writing, or both
21.24 	in additional languages by the law enforcement agency disclosing
21.25 	the information.  The policy may provide for different
21.26 	approaches based on the prevalence of non-English languages in
21.27 	different neighborhoods.
21.28 	
EFFECTIVE DATE. This section is effective the day
21.29 	following final enactment and applies to persons subject to
21.30 	community notification on or after that date.

21.31 	Sec. 3. REVISOR INSTRUCTION.
 21.32 	The revisor of statutes shall change all references to
21.33 	section 243.166, subdivision 1, in Minnesota Statutes to section
21.34 	243.166.

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

22.1 	Sec. 4. REPEALER.
 22.2 	Minnesota Statutes 2004, section 243.166, subdivisions 1
22.3 	and 8, are repealed.

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