Minnesota Department of Corrections

 

Policy:                        205.220                       Title: Predatory Offender: Registration, Community

Issue Date:                 4/16/13                        Notification, Victim Notification, Level 3 Website, and

Effective Date:          4/16/13                        Risk Level Reassessment Request

 

AUTHORITY:           Minn. Stat. §§244.052; 243.166; and 243.167

 

PURPOSE:    To implement procedures to identify offenders subject to registration.  To assign a community notification risk level to qualified predatory offenders.  To respond to a victim’s request for notification in regard to community notification.  To implement procedures for posting information on level 3 offenders on the department maintained website.  To provide procedures for offender requests for reassessment of assigned community notification risk level.

 

APPLICABILITY:    Minnesota Department of Corrections (DOC)

 

Table of Contents for Procedures

 

Procedure

Section

Predatory Offender Registration

A.1. – A.3.

Community Notification – Identification of Offenders

B.1.

Community Notification - Offender Appearance

B.2.

ECRC Procedures - Timetable and Responsibility

B.3.

Special ECRC Procedure – Short Term Offenders/Offenders Released Early

B.4.

Special ECRC Procedure – Offender Admitted Past SRD

B.5.

Special ECRC Procedure – Offender Admitted past EXP

B.6.

Special ECRC Procedure - Offenders Returned to Incarceration

B.7.

Special ECRC Procedure - Obtaining Info from MSOP-DOC Site

B.8.

Special ECRC Procedure - Interstate Transfer - Parolees

B.9.

Special ECRC Procedure - Interstate Transfer - Probationers

B.10.

Special ECRC Procedure - Federal/Other State's Expired Parolees

B.11.

Special ECRC Procedure - Federal Active and Expired Probationers & Offenders from Other State with Expired Probation

B.12.

Special ECRC Procedure - Federal Offenders with Pending Prison Release and Active Federal Parole

B.13.

Special ECRC Procedure – When there is insufficient data to complete a risk assessment

B.14.

Special ECRC Procedure - Reassessment Requests by Case Managers, Agents and Law Enforcement

B.15.

Special ECRC Procedure - Reassessment Requests by Offenders

B.16.

Special ECRC Procedure - Administrative Review Requests

B.17.

ECRC Protocol

B.18.

Victim Notification

C.

Level 3 Website

D.


POLICY:

The DOC identifies offenders under the authority of the commissioner of corrections who are required to register, assists the offenders in completing documents regarding registration, and forwards the information to the Bureau of Criminal Apprehension (BCA).

 

All offenders who are subject to community notification have a community notification risk level assigned according to the procedures listed below.

 

When a victim has submitted a victim notification request to the DOC (refer to Policy 203.260, “Victim Notification,”) and once the offender has been assigned a risk level, the DOC provides that victim with contact information to the appropriate law enforcement agency.

 

The DOC identifies offenders who are subject to posting of information on the level 3 website and coordinates and posts relevant information as provided by the responsible law enforcement agency.  The level 3 website address is http://www.doc.state.mn.us/level3/level3.asp.

 

An offender may request a reassessment (in accordance with Minn. Stat. § 244.052, subd. 3(i)) of his/her community notification risk level according to procedures below.

 

An offender may appeal his/her community notification risk level (in accordance with Minn. Stat. 244.052, subd. 6) according to procedures below.

 

DEFINITIONS:

BCA predatory offender change of information form - the document used by an offender to record information regarding his/her change of primary residence (including moving in and out of incarceration), employment, vehicle, and any other changes impacting living, working, and education conditions of the offender.  The form is available from corrections and law enforcement staff.

 

BCA predatory offender registration form - a multi-page document that an offender identified as a predatory offender under Minnesota statute is required to complete.  Note: documents required for registration of predatory offenders or for completing any of the procedures required for compliance with Minn. Stat. §§243.166 and 243.167 can be found at the BCA web site via secure login.

 

Confinement – confinement in a state correctional facility or a state treatment facility per Minn. Stat. §244.052.

 

End of confinement review committee (ECRC) - a standing committee established and administered by the commissioner of corrections that assesses the public risk posed by predatory offenders who are about to be released from confinement, predatory offenders who are accepted from another state under a reciprocal interstate compact, and predatory offenders who relocate to the State of Minnesota (MN) with a MN community notification instance.   Each ECRC consists of the chief executive officer (CEO) or the head of the correctional/treatment facility where the offender is currently confined or that person’s designee, a law enforcement officer, a treatment professional who is trained in the assessment of predatory offenders, a case manager experienced in supervising predatory offenders, and a victim services representative.  Members of the committee, except the facility’s CEO or head, is appointed by the commissioner to two-year terms.

 

End of confinement review committee (ECRC) packet -

1.         Minnesota Sex Offender Screening Tool-3.1.2 (MnSOST-3.1.2) or Level of Service Inventory - Revised (LSI-R), Level of Service-Case Management Inventory (LS-CMI), or Female Sex Offender Screening Tool (F-SOST) score sheet;

2.         Criminal complaint: include all complaints;

3.         Annual reviews: place in reverse chronological order;

4.         Initial program review team (PRT) minutes/PRT action report;

5.         Initial PRT review: all initial program review team summaries (or case summaries), not duplicates, in reverse chronological order;

6.         Pre-sentence investigation (PSI) report: include all PSI reports;

7.         Discipline information: assaultive, chemical and/or sexual in nature, treatment refusals/terminations;

8.         Psychological information: admission assessment, psychiatry initial assessment, assessment diagnosis plan (ADP), evaluations from other sources, hospital/clinical summaries/discharges from community resources, chemical dependency (CD) and sex offender (SO) evaluations and summaries from non-DOC sources;

9.         DOC treatment information:

a)         CD treatment: intake CD assessment, assessment summary, 30-day treatment ratings, discharge summary; and

b)         SO treatment: initial assessment, 30-day or quarterly progress ratings, discharge summary, program participation summary;

10.       Sentencing worksheets: include all worksheets;

11.       Release violations: hearings and release unit (HRU) reports, uniform case reports (UCR) (violation report), other agent reports, and adjustment summaries;

12.       Request for agent assignment/release plan: include the offender's place of residence and phone number; and

13.       Previous ECRC packet, risk assessment recommendation, and ECRC Report, tool scoring sheet: if the offender has previously been assigned a community notification risk level by an ECRC.

 

ECRC Risk Assessment Recommendation (template attached) - a report provided by the sex offender treatment professional to the ECRC making a recommendation of the offender community notification risk level.

 

ECRC risk assessment report (ECRC Report; template attached) - a report that specifies the community notification risk level assigned by the ECRC and lists the reasons underlying the committee’s community notification risk level decision (attached).

 

Female Sex Offender Screening Tool (F-SOST) – a screening tool that provides the ECRC with a numerical value associated with sex offender risk.  It is part of the risk assessment scale developed by the DOC.

 

Incarceration – serving a sentence in a state correctional facility (prison) or federal correctional facility.  Also includes placement in another facility under the authority of the commissioner of corrections.

 

Law enforcement notification packet

1.         Victim notification document;

2.         Risk assessment/community notification (RA/CN) unit fact sheet(s);

3.         ECRC Report with Risk Assessment Recommendation Report;

4.         Criminal complaint: including all complaints, original and/or amended;

5.         Pre-sentence investigation: only the non-confidential portions; and

6.         Relevant public court documents.

 

Level 3 website – website maintained by the DOC and administered by the RA/CN unit with technical assistance from the department’s information technology (IT) unit.

 

Level of Service Inventory –Revised (LSI-R) and Level of Service/Case Management Inventory (LS/CMI) – screening tool used to assess risk of engaging in further criminal behavior.  This scale is utilized, along with information on the totality/facts of a case and sex offender treatment professional recommendation, for the assignment of community notification risk level on offenders for which use of the MnSOST-3.1.2 or F-SOST is not recommended.  It is part of the risk assessment scale developed by the DOC.

 

Minnesota Sex Offender Screening Tool-3.1.2 (MnSOST-3.1.2) - a screening tool that provides the ECRC with a numerical value associated with sex offender risk.  It is part of the risk assessment scale developed by the DOC.

 

Minnesota community notification instance –when an offender’s release from a federal or other state incarceration or from a MN treatment facility occurs on or after January 1, 1997, and the offender is subject to registration in MN as a predatory offender.  This does not include persons subject to registration based solely on a juvenile delinquency.

 

Mitigating circumstances (utilized with both male and female offenders) –

1.         The documented victim pool does not merit the broadest level of community notification;

2.         A documented intervention followed by a period of six years where the offender does not reoffend or engage in high risk behavior and had access to a potential victim pool;

3.         The offender has developed an incapacitating illness or physical condition decreasing motivation or ability to sexually re-offend (e.g., later stages of a terminal illness);

4.         The offender was not directed to or recommended for chemical dependency treatment and he/she completed sex offender treatment with no evidence of re-offense or high-risk behaviors since the completion (this is only to be used in conjunction with the MnSOST-3.1.2); and

5.         The offender is subject to a lengthy period of supervision at the time of release and his/her prior history suggests that supervision will likely serve as a deterrent to committing future person offenses (this is only to be used in conjunction with the LSI-R or LS/CMI).

 

Predatory offender – an offender subject to registration under Minn. Stat. §§ 243.166 or 243.167.

 

Responsible law enforcement agency – the agency responsible for effectuating victim notification and the law enforcement agency of the offender’s residence.  When an offender is leaving MN, the responsible law enforcement agency is the original MN investigating agency of the predatory offense.  If the predatory offense was not committed in MN, the responsible law enforcement agency is the offender’s last MN residence.

 

Risk assessment scale (male offenders) - a scale developed by the DOC to assign weight to the risk factors listed in Minn. Stat. §244.052.  The ECRC is responsible for the assignment of community notification risk levels and assigns community notification risk levels based on the totality of circumstances and articulable facts, including but not limited to, the score indicated on the MnSOST-3.1.2, LSI-R, or LS/CMI, and the information contained in the ECRC Risk Assessment Recommendation.  The ECRC guidelines for assigning community notification risk levels are as follows:

1.         Risk level one: a community notification risk level of one is assigned in either of the following circumstances:

a)         The predatory offender has a predicted probability of sexual recidivism 3.49% or lower on the MnSOST-3.1.2 and the ECRC determines no special concerns exist warranting a higher community notification risk level assignment.

 

This predicted probability corresponds to a percentile rank of 60% or less and represents offenders who are at the lowest risk to reoffend sexually.

 

b)         The predatory offender for whom use of the MnSOST-3.1.2 is not recommended, scores 23 or less on the LSI-R and the ECRC determines no special concerns exist warranting a higher community notification risk level assignment.

 

c)         The predatory offender for whom use of the MnSOST-3.1.2 is not recommended, scores 27 or less on the LS/CMI and the ECRC determines no special concerns exist warranting a higher community notification risk level assignment.

 

2.         Risk level two: a community notification risk level of two is assigned in the following circumstances:

a)         The predatory offender has a predicted probability of sexual recidivism from 3.50% to 9.99% on the MnSOST-3.1.2, unless the ECRC determines mitigating circumstances exist warranting a lower community notification risk level assignment, or the ECRC determines special concerns exist warranting a higher community notification risk level assignment.

 

This predicted probability corresponds to a percentile rank of between 61% and 86% and represents offenders who are at moderate risk to reoffend sexually.

 

b)         The predatory offender has a predicted probability of sexual recidivism below 3.50% on the MnSOST-3.1.2 and the ECRC determines special concerns exist warranting a higher community notification risk level assignment.

 

c)         The predatory offender for whom use of the MnSOST-3.1.2 is not recommended, scores from 24 through 40 on the LSI-R, unless the ECRC determines mitigating circumstances exist warranting a lower community notification risk level assignment, or the ECRC determines special concerns exist warranting a higher community notification risk level assignment.

 

d)         The predatory offender for whom use of the MnSOST-3.1.2 is not recommended, scores from 28 through 34 on the LS/CMI, unless the ECRC determines mitigating circumstances exist warranting a lower community notification risk level assignment, or the ECRC determines special concerns exist warranting a higher community notification risk level assignment.

 

e)         The predatory offender for whom use of the MnSOST-3.1.2 is not recommended, scores 23 or less on the LSI-R, and the ECRC determines special concerns exist warranting a higher community notification risk level assignment.

 

f)         The predatory offender for whom use of the MnSOST-3.1.2 is not recommended, scores 27 or less on the LS/CMI, and the ECRC determines special concerns exist warranting a higher community notification risk level assignment.

 

3.         Risk level three: a community notification risk level of three is assigned in the following circumstances:

a)         The predatory offender has a predicted probability of sexuality recidivism at or above 10.00% on the MnSOST-3.1.2, unless the ECRC determines mitigating circumstances exist warranting a lower community notification risk level assignment.

 

This predicted probability corresponds to a percentile rank of 87% or higher and represents offenders who are at the highest risk to reoffend sexually.

 

b)         The predatory offender has a predicted probability of sexual recidivism below 10.00% on the MnSOST-3.1.2, and the ECRC determines special concerns exist warranting the highest community notification risk level assignment.

 

c)         The predatory offender for whom use of the MnSOST-3.1.2 is not recommended, scores 41 or more on the LSI-R, unless the ECRC determines mitigating circumstances exist warranting a lower community notification risk level assignment.

 

d)         The predatory offender for whom use of the MnSOST-3.1.2 is not recommended, scores 35 or more on the LS/CMI, unless the ECRC determines mitigating circumstances exist warranting a lower community notification risk level assignment.

 

e)         The predatory offender for whom use of the MnSOST-3.1.2 is not recommended, scores 41 or less on the LSI-R, and the ECRC determines special concerns exist warranting the highest community notification risk level assignment.

 

f)         The predatory offender for whom use of the MnSOST-3.1.2 is not recommended, scores 35 or less on the LS/CMI, and the ECRC determines special concerns exist warranting the highest community notification risk level assignment.

 

Risk assessment scale (female offenders) - a scale developed by the DOC to assign weight to the risk factors listed in Minn. Stat. §244.052.  The ECRC is responsible for the assignment of community notification risk levels and assigns community notification risk levels based on the totality of circumstances and articulable facts, including but not limited to, the score indicated on the F-SOST, LSI-R, or LS/CMI, and the information contained in the ECRC Risk Assessment Recommendation.  The ECRC guidelines for assigning community notification risk levels are as follows:

1.         Risk level one: a community notification risk level of one is assigned in either of the following circumstances:

a)         The predatory offender scores 60 or less on the F-SOST and the ECRC determines no special concerns exist warranting a higher community notification risk level assignment.

 

b)         The predatory offender for whom use of the F-SOST is not recommended, scores 23 or less on the LSI-R, and the ECRC determines no special concerns exist warranting a higher community notification risk level assignment.

 

c)         The predatory offender for whom use of the F-SOST is not recommended, scores 27 or less on the LS/CMI, and the ECRC determines no special concerns exist warranting a higher community notification risk level assignment.

 

2.         Risk level two: a community notification risk level of two is assigned in the following circumstances:

a)         The predatory offender scores from 61 to 90 on the F-SOST, unless the ECRC determines mitigating circumstances exist warranting a lower community notification risk level assignment, or the ECRC determines special concerns exist warranting a higher community notification risk level assignment.

 

b)         The predatory offender scores 60 or less on the F-SOST and the ECRC determines special concerns exist warranting a higher community notification risk level assignment.

 

c)         The predatory offender for whom use of the F-SOST is not recommended, scores from 24 through 40 on the LSI-R, unless the ECRC determines mitigating circumstances exist warranting a lower community risk level assignment, or the ECRC determines special concerns exist warranting a higher community notification risk level assignment.

 

d)         The predatory offender for whom use of the F-SOST is not recommended, scores from 28 through 34 on the LS/CMI, unless the ECRC determines mitigating circumstances exist warranting a lower community risk level assignment, or the ECRC determines special concerns exist warranting a higher community notification risk level assignment.

 

e)         The predatory offender for whom use of the F-SOST is not recommended, scores 23 or less on the LSI-R, and the ECRC determines special concerns exist warranting a higher community notification risk level assignment.

 

f)         The predatory offender for whom use of the F-SOST is not recommended, scores 27 or less on the LS/CMI, and the ECRC determines special concerns exist warranting a higher community notification risk level assignment.

 

3.         Risk level three: a community notification risk level of three is assigned in the following circumstances:

a)         The predatory offender scores 91 or more on the F-SOST, unless the ECRC determines mitigating circumstances exist warranting a lower community notification risk level assignment.

 

b)         The predatory offender scores 90 or less on the F-SOST, and the ECRC determines special concerns exist warranting the highest community notification risk level assignment.

 

c)         The predatory offender for whom use of the F-SOST is not recommended, scores 41 or more on the LSI-R, unless the ECRC determines mitigating circumstances exist warranting a lower community notification risk level assignment.

 

d)         The predatory offender for whom use of the F-SOST is not recommended, scores 35 or more on the LS/CMI, unless the ECRC determines mitigating circumstances exist warranting a lower community notification risk level assignment.

 

e)         The predatory offender for whom use of the F-SOST is not recommended, scores 40 or less on the LSI-R, and the ECRC determines special concerns exist warranting the highest community notification risk level assignment.

 

f)         The predatory offender for whom use of the F-SOST is not recommended, scores 35 or less on the LS/CMI, and the ECRC determines special concerns exist warranting the highest community notification risk level assignment.

 

Special concerns (ECRC risk level when LSI-R or LS/CMI is used as screening tool) (male and female offenders)

1.         The degree of likely force or harm used in an offense, should the offender re-offend.

 

2.         The degree of likely physical contact.

 

3.         The age of the likely victim.

 

4.         The relationship of prior victims to the offender.

 

5.         The length of time since the offender’s last prior offense, while the offender was at risk to commit offenses.

 

6.         History of supervision failures.

 

7.         Any indications from the offender of intent to re-offend.

 

8.         The adequacy of the offender’s release plans to address the offender’s needs.

 

9.         Physical or health conditions that may affect the offenders risk to re-offend.

 

10.       The most appropriate level of community notification.

 

Special concerns (ECRC risk level when MnSOST-3.1.2 is used as screening tool) (male offenders)

1.         Two or more unsuccessful SO treatment experiences because the offender quit, was terminated, or refused sex offender treatment, and/or reoffended after sex offender treatment.

 

This also refers to the offender who has completed sex offender treatment and reoffended during treatment or afterward.

 

2.         Two or more unsuccessful CD treatment interventions because the offender quit, was terminated, or refused CD treatment, and/or history of relapse following treatment completion.

 

This also refers to the offender who has completed CD treatment and returned to using mood altering chemicals during treatment or afterward, especially if the use of intoxicants is part of the offender’s sexual assault behavior pattern.

 

3.         History of disciplinary reports involving a significant pattern of escalating seriousness and/or sexual or assaultive behavior.

 

Offender has received discipline reports for significant misbehavior (e.g., assault, sexual behavior, threatening others, possession of contraband, disorderly conduct, etc.).  The misbehavior occurrences are frequent (i.e., three or more in period of a year) and recent (within last two years).

 

4.         History of prior supervision failures or pronounced unwillingness to cooperate with release planning and/or prison authorities.

 

Offender has committed any sex offense(s) while under correctional custody or supervision, or has multiple probation or supervised release failures involving revocations or new non-sex offense(s).  This can also apply to offenders who refuse to cooperate with attempts to place them following prison in a supportive environment or who refuse to provide a release address.

 

5.         History of severe or gratuitous violence (e.g., murder, manslaughter, assault, etc.).

 

This includes sadistic characteristics, use of any weapon (real or implied), torture, or force beyond that necessary to accomplish the offense.

 

6.         Predatory offense behavior (e.g., breaking into a house, stalking a victim, abducting or attempting to abduct a victim, etc.).

 

This is especially related to the offender’s behavior during the sex-related offense(s).  Predatory behavior also includes deliberately incapacitating a victim with chemical intoxicants in order to facilitate a sexual assault; or forcing a victim to engage in behaviors intended to demean the victim. 

 

7.         Evidence of additional victims for which the offender was not charged.

 

No set number of victims has been determined that would make this special concern relevant.  Instead, staff make a judgment that goes beyond simply the number of victims but also takes into account the energy put forth by the offender in acquiring the victims, the length of time the offender harmed individual victims, the number of times the offender continued to victimize others despite legal or other sanctions, the variety of settings in which the offender has victimized others, etc.

 

8.         Recurring pattern of failure or refusal to comply with mental health treatment regimens, including medication prescribed for behavior management.

 

This especially applies to the offender whose sexual assault pattern appears to be related to mental illness or behavioral instability.

 

9.         The nature of the offender’s victim pool suggests a need for broader notification of the public than that indicated by the risk level associated with the offender’s score on the MnSOST-3.1.2.

 

This includes evidence of a wider victim pool than the MnSOST-3.1.2 takes into account.  For example: multiple age ranges, stranger victims, particularly vulnerable victims due to age (preschool or younger, elderly), physically vulnerable victims, developmentally delayed victims, or the presence of victims from uncharged offenses.  This also applies if it appears that notification of the community might be a significant deterrent or preventative factor, given the offender’s pattern of acquiring victims.

 

10.       Documented pattern of impaired judgment and behavioral controls related to low intellectual functioning, history of traumatic brain injury, or major mental illness that is unresponsive to treatment.

 

This especially applies to the offenders whose impairments appear related to their sexual assault pattern.

 

11.       Deviant orientation and/or sexual preoccupation or compulsivity.

 

Evidence of deviant orientation may include (but is not limited to): plethysmograph or Abel Assessments, or Diagnostic and Statistical Manual of Mental Disorders (DSM) diagnosis of paraphilia(s).  This may also apply to the offender who has disclosed a history (especially recent) of deviant sexual fantasies or arousal reinforced by masturbation.

 

12.       Offender is unlikely to have a stable, well-supervised living arrangement in a location which minimizes his access to potential victims.

 

Factors that are unlikely to support an offense-free lifestyle or may encourage further criminal behavior include, but are not limited to, social and/or familial relationships, educational instability and employment instability.

 

13.       Offender states that he will reoffend or has displayed a pattern of sexual misconduct while incarcerated or in similarly structured settings.

 

The offender expresses an intent to reoffend sexually.  This also applies to the offender who has a pattern of reinforced deviant sexual fantasies who states that he fears that he will reoffend, (or expresses an inability to control his sexual behavior) despite a desire to avoid doing so.

 

14.       Offender engages in high-risk, grooming type behavior, or other behavior suggesting increased potential to reoffend, especially during periods of supervision, or after most recent release from prison.

 

This includes the offender who puts himself in a position of authority over individuals within the age range of his victim pool, for time periods that do not involve incidental contact; and/or the offender befriends family members of potential victims and keeps his offense history private from them.  This behavior suggests that a broader degree of community notification would be appropriate to warn potential victims and their families.

 

15.       Offender has not been in the community for a substantial amount of time since the assignment of the risk level, and therefore has not shown facts and circumstances which demonstrate that he no longer poses the same degree of risk to the community.

 

This special concern applies to subsequent assessments when the offender has been confined for most of the time since the initial designation was assigned.

 

Special concerns (ECRC Risk Level when the F-SOST is used as screening tool) (female offenders)

1.         Numerous and unsuccessful sex offender treatment experiences, and/or reoffended after sex offender treatment.

 

2.         Numerous and unsuccessful chemical dependency treatment interventions, and/or a history of relapse following treatment completion.

 

3.         History of disciplinary reports involving significant frequency, recency, a pattern of escalating seriousness, and/or sexual or assaultive behavior.

 

4.         History of prior supervision failures, or pronounced unwillingness to cooperate with release planning and/or correctional facility authorities.

 

5.         History of severe violence (e.g., murder, manslaughter, first degree assault), which includes gratuitous violence, sadistic characteristics, etc.

 

6.         Predatory offense behavior, including breaking into a house, stalking a victim, or abducting/attempting to abduct a victim.

 

7.         Evidence of an extensive number of victims for which the offender was not charged.

 

8.         Recurring pattern of failure or refusal to comply with treatment regimens, including medication prescribed for behavior management.

 

9.         The nature of the offender’s victim pool suggests a need for broader notification of the public than permitted by the community notification risk level associated with the offender's score of the F-SOST.

 

10.       Documented pattern of impaired judgment and behavioral controls related to low intellectual functioning, or, major mental illness that is unresponsive to treatment.

 

11.       Deviant orientation, sexual preoccupation, and/or compulsivity.

 

12.       Offender has displayed a pattern of sexual misconduct while incarcerated or in similarly structured settings.

 

13.       Offender engages in high-risk, grooming type behavior, or other behavior suggesting increased potential to reoffend, especially during periods of supervision, or after most recent release from a correctional facility.

 

14.       File material strongly suggests that a “male-influenced” offender subsequently exhibits offense behavior independently from co-offenders.

 

PROCEDURES:

A.        Predatory offender registration

1.         Identification of offenders: offenders for whom any of the conditions as indicated below apply are subject to registration as a predatory offender (pursuant to Minn. Stat. 243.166, subd. 1).

a)         The person was charged with or petitioned for a felony violation of or attempt to violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances.

First degree murder

609.185, subd.a(2)

Kidnapping

609.25

Criminal sexual conduct in the first degree

609.342

Criminal sexual conduct in the second degree

609.343

Criminal sexual conduct in the third degree

609.344

Criminal sexual conduct in the fourth degree

609.345

Criminal sexual conduct in the fifth degree

609.3451, subd. 3

Criminal sexual predatory conduct

609.3453

Indecent exposure

617.23, subd. 3

 

b)         The person was charged with or petitioned for a violation of, or attempt to violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances:

Criminal abuse

609.2325, subd. 1

False imprisonment

609.255, subd. 2

Soliciting a minor to engage in prostitution

609.322 or 609.324

Soliciting a minor to engage in sexual conduct

609.352

Using a minor in a sexual performance

617.246

Possession of pictorial representations of minors

617.247

 

c)         The person was sentenced as a patterned sex offender under Minn. Stat. 609.3455, subd. 3a.

 

d)         The person was convicted of or adjudicated delinquent for, (including pursuant to a court martial,) violating a law of the United States (U.S.), including the Uniform Code of Military Justice, similar to offenses described in Procedure A.1.a through c.

 

e)         The person was convicted of or adjudicated delinquent in another state for an offense that would be a violation of any law described in Procedure A.1.a through c, if committed in the State of Minnesota who:

(1)       Is entering the state to reside, work, or attend school, or enters the state and remains for 14 days or longer; and

(2)       Ten years have not elapsed since release from confinement or, if the person was not confined, since conviction or delinquent adjudication for the offense(s) that triggered the registration, unless the person is subject to a longer registration period under the laws of another state in which the person has been convicted or adjudicated, or is subject to lifetime registration.  If a person described in this paragraph is subject to a longer registration period in another state or is subject to lifetime registration, the person must register for that time period regardless of when the person was released from confinement, convicted, or adjudicated delinquent.

 

f)         Any person committed pursuant to a court commitment order under Minn. Stat. §253B.185 or Minn. Stat. §526.10 (1992), or a similar law of another state or the U.S., regardless of whether the person was convicted of any offense.

 

g)         Any person who was charged with or petitioned for a felony violation or attempt to violate any of the offenses listed in Procedure A.1.a, or a similar law of another state or the U.S., or the person was charged with or petitioned for a violation of any of the offenses listed in Procedure A.1.b, or a similar law of another state or the US and:

(1)       The person was found not guilty by reason of mental illness or mental deficiency after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in states with a guilty but mentally ill verdict; and

(2)       The person was committed pursuant to a court commitment order under Minn. Stat. §253B.18 or a similar law of another state or the U.S.

 

Or pursuant to Minn. Stat. §243.167, anyone previously convicted of or adjudicated delinquent for an offense listed above, but who was not required to register for the offense because registration requirements did not apply to the person at the time the offense was committed or at the time the person was released from imprisonment, is required to register if they commit a crime against a person (listed below) on or after July 1, 2000.

Unlawful possession of a firearm

609.165

Murder in the first degree

609.185

Murder in the second degree

609.19

Murder in the third degree

609.195

Manslaughter in the first degree

609.20

Manslaughter in the second degree

609.205

Assault in the first degree

609.221

Assault in the second degree

609.222

Assault in the third degree

609.223

Assault in the fourth degree

609.2231

Assault in the fifth degree

609.224, subd. 2

Domestic assault

609.2242, subd. 2 or 4

Domestic assault via strangulation

(committed on or after 08/01/2005)

609.2247

Criminal abuse

609.235

Aggravated robbery

609.245, subd. 1

Kidnapping

609.25

False imprisonment

609.255

Criminal sexual conduct in the fifth degree

609.3451, subd. 2

Tampering with a witness

609.498, subd. 1

Burglary in the first degree

609.582, subd. 1

Indecent exposure

617.23, subd. 2

Crime committed for benefit of a gang

609.229, felony level

Malicious punishment of a child

609.377, felony level

Harassment; stalking

609.749, felony level

Unlawful possession of a pistol or semiautomatic military-style assault weapon

624.713, felony level

A person who was previously required to register in any state and who has completed the registration requirements of that state must again register if the person commits a crime against a person.

"Crimes against a person" committed in another state must have been committed on or after 08/01/2005 for this section to apply.

 

2.         Registration period: an offender must continue to comply with Minn. Stat. §243.166 and §243.167 until ten years have elapsed since the person initially registered in connection with the offense, or until the probation, supervised release, or conditional release period expires, whichever occurs later.  For a person required to register under this section who is committed under Minn. Stat. §253B.18 or §253B.185 (civil commitment statutes) the ten-year registration period does not include the period of commitment.

a)         The commissioner of public safety may require a person to continue to register for an additional period of five years (this additional period is added to the end of the offender’s registration period) if the person required to register fails to:

(1)       Provide written notice of his/her new primary address at least five days before moving;

(2)       Comply with registration procedures required by Minn. Stat. §243.166, subd. 3a, when he/she lacks a primary address;

(3)       Provide information as required by Minn. Stat. §243.166, subd. 4a; or

(4)       Return the verification form referenced in Minn. Stat. §243.166, subd. 4 within ten days.

 

b)         If a person required to register is subsequently incarcerated following a conviction for a new offense or following a revocation of probation, supervised release, or conditional release for any offense, the person must continue to register until ten years have elapsed since the person was last released from incarceration or until the person's probation, supervised release, or conditional release period expires, whichever occurs later.

 

c)         A person must continue to comply with Minn. Stat. §243.166 for life:

(1)       If the person is convicted of or adjudicated delinquent for any offense for which registration is required, or any offense from another state or any federal offense similar to the offenses described above, and the person has a prior conviction or adjudication for an offense for which registration was or would have been required previously, or an offense from another state or a federal offense similar to an offense described above;

(2)       If the person is required to register based upon a conviction or delinquency adjudication for an offense under Minn. Stat. §609.185, subd a.2 or a similar statute from another state or the U.S.;

(3)       If the person is required to register based upon a conviction for an offense under Minn. Stat. §609.342, subd. 1, paragraph (a), (c), (d), (e), (f), or (h); §609.343, subd. 1, paragraph (a), (c), (d), (e), (f), or (h); §609.344 subd. 1, paragraph (a), (c), or (g); §609.345 subd. 1, paragraph (a), (c), or (g); or a statute from another state or the U.S. similar to the offenses described in this clause;

(4)       If the person is required to register for an offense listed in Procedure A.1.a through c following commitment pursuant to a court commitment under Minn. Stat. §253B.185 or a similar law of another state or the U.S.; or

(5)       A person described in Procedure A.1.d and e, who is required to register under the laws of a state in which the person has been previously convicted or adjudicated delinquent, must register under this section for the time period required by the state of conviction or adjudication unless a longer time period is required elsewhere in this section.

 

3.         Predatory offender registration (timetable and responsibility) - questions regarding registration requirements must be made to the policy compliance supervisor at the RA/CN unit at central office.

Time

Action

Responsibility

Upon admission to the facility

The offender's case is screened to determine if the offender is subject to registration as a predatory offender.  Record this information in the offender’s initial PRT report and enter same in the appropriate fields in the correctional operations management system (COMS).

Case manager and RA/CN unit

Upon admission to the facility

Complete a registration form and forward it to the BCA and the RA/CN unit at central office.

Offender and case manager

Upon admission to the facility

Offenders previously registered must complete a change of information form indicating their new address as MN-DOC.  Forward form by fax or email to the BCA and the RA/CN unit.  If the offender refuses, notify the BCA and complete an incident report.

Case manager

Five days prior to release, or sooner, if information is known

Complete change of information form indicating release address and other information as required on the form.  Email or fax the completed change of information form to the BCA and the RA/CN unit.  Notify the BCA and RA/CN unit and complete an incident report if the offender fails to comply with a directive to complete registration forms.

Offender, case manager, and records unit supervisor

 

B.        Community notification

1.         Identification of offenders subject to end of confinement review (ECRC)

a)         Any adult offender released from incarceration on or after January 1, 1997, and at the time of release must register in accordance with Minn. Stat. §243.166 or §243.167 is subject to community notification and has a community notification risk level assigned by the ECRC at the appropriate facility before release.

 

b)         Any juvenile offender adjudicated under extended juvenile jurisdiction (EJJ) whose adult sentence is imposed and who, at the time of release from confinement, requires registration in accordance with Minn. Stat. §243.166 or §243.167.

 

c)         An adult offender who must register in accordance with Minn. Stat. §243.166 or §243.167 is not subject to community notification, if the requirement to register is based solely on a juvenile adjudication.

 

d)         Predatory offenders who come to MN under state probation transfer are not subject to community notification.  The supervision agent and law enforcement officer manages them in accordance with Minn. Stat. §244.10, subd. 8.  An exception to this occurs when a MN community notification instance has occurred.  These cases are subject to community notification as defined in Minn. Stat. §244.052, subd. 3a.

 

e)         Predatory offenders who enter MN or intend to enter MN under the interstate compact with a MN community notification instance are subject to community notification as described in Minn. Stat. §244.052, subd. 3a.  The department assigns these offenders a risk level prior to entry to MN or as soon as possible upon transfer.

 

f)         Predatory offenders from other states who currently reside in MN, or enter MN and a MN community notification instance has occurred, are subject to community notification in MN as described in Minn. Stat. § 244.052, subd. 3a.

 

g)         Predatory offenders who have been incarcerated in the federal system and who enter MN or intend to enter MN with a MN community notification instance are subject to community notification as described in Minn. Stat. §244.052, subd. 3a.

 

h)         Predatory offenders who are serving a federal probation sentence are not subject to community notification.  The exception to this is a federal probationer who had a MN community notification instance.

 

i)         Predatory offenders who are under supervision in other states and enter MN or reside in MN without approval of the DOC are in violation of Minn. Stat. §243.161 and §243.1605.  The department informs law enforcement of these cases when the cases become known and informs the responsible state the offender is in MN illegally and must be ordered back.

 

2.         Offender appearance

a)         The offender has the right to be present and to be heard at the ECRC meeting.

 

b)         The offender may have a privately obtained attorney (licensed in MN) present during the meeting for support and to speak on the offender's behalf.  The attorney may not introduce new legal arguments during the meeting.

 

c)         If assigned a risk level two or three, the offender may request an administrative review of the assigned risk level.  An offender exercises this right by completing the Notice of Appeal form (attached) and notifying the chair of the ECRC within 14 days of Notice of Risk Level Assignment (attached).

 

d)         The offender may request reassessment of his/her assigned risk level according to the procedures listed in Procedure B.16.

 

3.         ECRC procedures (timetable and responsibility)

Time

Action

Responsibility

Five to six months prior to release

Offender’s name is forwarded to the ECRC case manager or designee for ECRC scheduling.

Case manager

Five to six months prior to release

The case is scheduled for an ECRC meeting.  The scheduled date is recorded in COMS.  Meetings should be scheduled to take place three to four months prior to release.

ECRC case manager

Five to six months prior to release

Send notice of the scheduled ECRC meeting to the law enforcement agency responsible for the offender’s charge.  Law enforcement may provide information in writing to the ECRC.

ECRC chair

Five to six months prior to release

Notify CD and SO treatment programs to forward required documents (attach packet cover sheet) to case manager.

Case manager

Five months prior to release

The ECRC packet is compiled and forwarded to the RA/CN unit at least 30 days prior to the scheduled ECRC.

Case manager

Upon receipt

The ECRC packet is reviewed for documentation.

RA/CN unit staff

Within five working days of the request

Additional information requested by the SO treatment professional is provided.

Case manager

At least five working days before the ECRC meeting

The ECRC Report is started in COMS in draft status by entering the ECRC Risk Assessment Recommendation and screening tool score.

SO treatment professional

At least five working days before the ECRC meeting

ECRC packets including the ECRC Risk Assessment Recommendations and screening tool score sheet are provided to ECRC committee members.

ECRC

case manager

Upon request

If the offender has retained an attorney to represent him/her during the ECRC meeting, a packet is provided to that attorney upon request, once the offender signs a release of information form and the attorney signs a Data Practices Agreement (attached).

ECRC case manager

At least five working days before the ECRC meeting

The ECRC Risk Assessment Recommendation is provided to the offender, along with the screening tool score sheet, written educational material about community notification, and an Appearance form (attached).

ECRC case manager

Prior to the ECRC meeting

Offenders have the right to appear at the ECRC meeting.  If the offender chooses not to attend the ECRC meeting, he/she must sign the Appearance form noting his/her decision to not attend.  Staff must sign the form if the offender refuses to sign and does not attend the meeting.

Case manager and ECRC chair

90 to 120 days prior to release

The ECRC meeting is convened and the community notification risk level assigned.  The offender is informed of the assigned community notification risk level, his/her requirement to register, and his/her right to request an administrative review.

ECRC chair

At the ECRC meeting

The offender is provided with the Notice of Risk Level Assignment form.  If the offender was assigned a risk level two or three, the offender is provided the Notice of Appeal form.

 

If the offender did not attend the ECRC meeting, the chair must ensure that these forms are delivered to the offender within 24 hours of the meeting.

ECRC chair

Within five working days following the ECRC meeting

The ECRC Report is completed and entered into COMS.  A copy of the report is sent to those on the report distribution list.

ECRC chair

Within five working days following the ECRC meeting

A copy of the digital audio recording is sent to the RA/CN unit and maintained at the facility for one year.

ECRC chair

At least 60 days prior to release

A law enforcement notification packet is prepared and sent to the appropriate agencies as follows: the investigating law enforcement agency, the law enforcement agency in the release jurisdictions (within five days after the offender’s release plan is known and approved) and BCA.

RA/CN unit support staff

Prior to release

Check MN Choice for victim notification information.  Notify law enforcement of any victims or witnesses who have requested notification of the offender’s release and whereabouts.

RA/CN unit

Upon agent assignment

The ECRC Report is sent to the supervising agent.

Case manager

 

4.         Special procedures – when an offender is admitted to the DOC with less than 90 days to release or is released prior to assigned release date and requires ECRC (e.g., court action rescinding conditional release, receipt of jail credit, etc.).

Time

Action

Responsibility

Immediately upon being notified that an offender is subject to immediate release or release within 90 days

The offender’s case is screened to determine if the offender is subject to registration as a predatory offender and community notification.

Case manager

Upon determination that community notification is required

Notify the offender and the ECRC case manager for ECRC scheduling.

Case manager

Upon determination that the offender is subject to community notification

Notify the RA/CN unit policy compliance supervisor and the assigned SO treatment professional at the RA/CN unit of the need for ECRC and the offender's release date.  Schedule the ECRC meeting.  If the committee is not scheduled to meet within one week at that facility, the ECRC case manager must explore scheduling an ad hoc meeting.

ECRC case manager

Upon notification that the offender is subject to community notification

Contact the arresting law enforcement agency.  Law enforcement may provide information in writing to the ECRC.

ECRC chair

Upon determination of date for ECRC

The scheduled date is recorded in COMS and the committee members and the offender are notified of the scheduled date.

ECRC case manager

Within 24 hours of determination that community notification is required

Notify CD and SO treatment programs to forward required documents (attached packet cover sheet) to case manager.

Case manager

As soon as possible

ECRC packet is compiled and forwarded to RA/CN unit.

Case manager

Upon receipt

The ECRC packet is reviewed for documentation.

RA/CN unit

As soon as possible

Additional information requested by the SO treatment professional is provided.

Case manager

As soon as possible

The ECRC Report is started in COMS in draft status by entering the ECRC Risk Assessment Recommendation and screening tool score.

SO treatment professional

As soon as possible

ECRC packets, including the ECRC Risk Assessment Recommendation and screening tool score sheet are provided to the ECRC committee members.

ECRC case manager

Upon request

If the offender has retained an attorney to represent him/her during the ECRC meeting, a packet is provided to that attorney upon request, once the offender signs a release of information form and the attorney signs a Data Practices Agreement.

ECRC case manager

Upon receipt of the risk assessment recommendation

The ECRC Risk Assessment Recommendation is sent to the offender along with the screening tool score sheet, written educational material about community notification, and an Appearance form.

ECRC case manager

As soon as possible

The offender has the right to appear at the ECRC meeting.  If the offender chooses not to attend the ECRC meeting, he/she must sign the Appearance form noting his/her decision to not attend.  Staff must sign the form if the offender refuses and does not attend the meeting.

Case manager

As soon as possible

If the offender has been released and plans to attend the meeting, make arrangements with the facility to accommodate the offender’s admittance into the facility.

ECRC case manager

On the scheduled date

The ECRC meeting is convened and the community notification risk level is assigned.  The offender is informed of the assigned community notification risk level, his/her requirement to register, and his/her right to request an administrative review.

ECRC chair

At the ECRC meeting

The offender is provided with the Notice of Risk Level Assignment form.  If the offender was assigned a risk level two or three, the offender is provided the Notice of Appeal form.

 

If the offender did not attend the ECRC meeting, the chair must ensure that these forms are delivered to the offender within 24 hours of the meeting.

ECRC chair

As soon as possible

The ECRC Report is completed and entered into COMS.  A copy of the report is sent to those on the report distribution list.

ECRC chair

Within five working days of the ECRC

A copy of the digital audio recording is sent to the RA/CN unit and maintained at the facility for one year.

ECRC chair

As soon as possible

A law enforcement notification packet is prepared and sent to the appropriate agencies as follows: the investigating law enforcement agency, the law enforcement agency in the release jurisdictions, and the BCA.

 

Check MN Choice for victim notification information.  Immediately notify law enforcement of any victims or witnesses who have requested notification of the offender’s release and whereabouts.

RA/CN unit

Upon agent assignment

The ECRC Report is sent to the supervising agent.

Case manager

 

5.         Special procedures - when an offender is admitted past his/her supervised release date (SRD).

Time

Action

Responsibility

Immediately upon notification an offender is admitted past SRD

Screen offender’s case to determine if the offender is subject to registration as a predatory offender and community notification.

Case manager

Upon determination that the offender is subject to community notification

Inform the associate warden of operations (AWO) of the offender’s admission past SRD.  Give offense characteristics, any known prior sex or assault related offenses, pending charges, and detainers.  If the AWO is not available, contact the associate warden of administration (AWA).

ECRC chair/designee

Upon determination that community notification is required

Make determination whether (or not) to hold the offender to facilitate an ECRC meeting.

AWO, director of policy and legal services, and assistant/deputy commissioner of facility services

Upon determination that community notification is required

Notify the policy compliance supervisor and the assigned SO treatment professional at the RA/CN unit of the need for ECRC and the offender's release date.

ECRC case manager

Upon determination that community notification is required

Contact appropriate agencies to obtain documents for the ECRC packet.

Case manager

Upon determination that community notification is required

Contact the arresting law enforcement agency.  Law enforcement may provide written information to the ECRC.

ECRC chair

Immediately upon receipt of information

Promptly enter the information into COMS and forward ECRC packet to the RA/CN unit.

Case manager

Upon determination by the AWO/designee

If released prior to the meeting, notify the offender’s supervising agent and ask about the availability to transport the offender to the meeting.

Case manager

Upon receipt of packet

The ECRC Report is started in COMS in draft status by entering the risk assessment recommendation and screening tool score.

SO treatment professional

As soon as possible

Contact all ECRC members to schedule the ECRC meeting.  This meeting should be scheduled as quickly as possible.

ECRC case manager

As soon as packets are compiled

Distribute packets to committee members.

ECRC case manager

Upon request

If the offender has retained an attorney to represent him/her during the ECRC meeting, a packet is provided to that attorney upon request, once the offender signs a release of information form and the attorney signs a Data Practices Agreement.

ECRC case manager

Upon receipt of the risk assessment recommendation

The ECRC Risk Assessment Recommendation is sent to the offender along with the screening tool score sheet, written educational material about community notification, and an Appearance form.  If the offender has been released, this information may be sent to the offender via the supervising agent.

ECRC case manager

Prior to the ECRC meeting

The offender has the right to appear at the ECRC meeting.  If the offender chooses not to attend the ECRC meeting, he/she must sign the Appearance form noting his/her decision not to attend.  Staff must sign the form if the offender refuses to sign and does not attend the meeting.

Case manager and ECRC chair

As soon as possible if held past release or at the next ECRC of releasing facility

The ECRC is convened and the community notification risk level is assigned.  The offender is informed of the assigned community notification risk level, his/her requirement to register, and his/her right to request an administrative review.

ECRC chair

At the ECRC meeting

The offender is provided with the Notice of Risk Level Assignment form.  If the offender was assigned a risk level two or three, the offender is provided the Notice of Appeal form.

 

If the offender did not attend the ECRC meeting, the chair must ensure that these forms are delivered to the offender within 24 hours of the meeting.

 

If the offender is no longer incarcerated, the chair must ensure that these forms are placed in the mail to the offender within 24 hours of the meeting.

ECRC chair

As soon as possible

An ECRC Report is completed and entered into COMS.  A copy of the report is sent to those on the report distribution list.

ECRC chair

Within five working days of the ECRC

A copy of the digital audio recording is sent to the RA/CN unit and maintained at the facility for one year.

ECRC chair

Within 24 hours/as soon as possible

Check MN Choice for victim notification information.  Immediately notify law enforcement of any victims or witnesses who have requested notification of the offender’s release and whereabouts.

 

A law enforcement packet is prepared and sent to the appropriate agencies as follows: the investigating law enforcement agency, the law enforcement agency in the release jurisdictions, and the BCA.

RA/CN unit

As soon as possible

The ECRC Report is sent to the supervising agent.

Case manager

 

6.         Special procedure – when an offender is admitted past expiration of sentence.  If an offender is admitted past expiration of sentence, the above steps in Procedure B.5. must be completed and a meeting scheduled as quickly as possible.

 

7.         Special procedures – when an offender returns to incarceration status

Time

Action

Responsibility

Within five days of the violation hearing (if offender is revoked or returned to a department facility)

A HRU report and UCR are obtained from the HRU.

 

Identify offenders who are predatory offenders.  When the UCR is not available, contact the agent to obtain a copy.

 

Provide the criminal complaint, hearing notes, UCR, and RA/CN unit file to RA/CN SO treatment professional.

RA/CN unit

Within five days of receipt of UCR and hearing notes.

Review file information.  Write a memo indicating whether or not another review by an ECRC is recommended.  Forward the recommendation memo to the risk assessment supervisor.

RA/CN SO treatment professional

Within three days of receipt of recommendation memo from RA/CN SO treatment professional

Review the RA/CN SO treatment professional's recommendation and rationale.  Agreement is indicated by co-signing the memo.  When disagreement occurs, discuss with SO treatment professional until decision is made.  Return file and memo to the RA/CN SO treatment professional.

RA/CN risk assessment supervisor

Within two days of receipt of signed recommendation memo from RA/CN unit director

E-mail the recommendation memo to the case manager, ECRC case manager, and individuals at other facilities who need to know.  Forward the file and memo to the RA/CN unit support staff.

RA/CN risk assessment supervisor

Upon notification that ECRC review is required

Offender must be scheduled for ECRC review pursuant to Procedure B.3 or B.4 if the offender has less than 60 days prior to release.

ECRC case manager

Within three days of receipt of file and recommendation memo

Enter the recommendation into COMS.

RA/CN unit support staff

Following data entry in COMS

RA/CN unit file is given to the risk assessment coordinator for review for SPP/SDP review and MSOP-DOC site review.

RA/CN unit support staff

 

8.         Obtaining information from the Minnesota Sex Offender Program - DOC site (MSOP - DOC site) for the purposes of ECRC.

Time

Action

Responsibility

Upon receipt of ECRC packet

Determine if offender has participated in the MSOP-DOC site program.  If so, determine if documents regarding program participation are in the RA/CN unit file.  Notify MSOP-DOC site case manager of the need for treatment records, if necessary.

SO treatment professional

Upon request

MSOP-DOC site case manager requests the specific records and e-mails the records to the RA/CN unit.

MSOP-DOC site  case manager liaison

 

9.         Special procedures - interstate transfer cases with prison release pending or active supervised release/parole (flow chart attached).

Time

Action

Responsibility

Within five days of receipt of packet from sending state or upon notification by assigned agent

Packet is forwarded to RA/CN unit if there is indication that the offender may be subject to community notification.

Interstate unit

Immediately upon determination

Interstate unit is notified when there is indication that the offender may be subject to community notification.

Assigned agent

Within five days of receipt of packet from interstate unit

Packet is reviewed.  When there is not sufficient information to complete a risk assessment, the packet is returned to the interstate unit with a note indicating the reason for the return of the packet.

 

When sufficient information is contained in the packet to complete a risk assessment, the packet is returned to the interstate unit indicating that the case has been placed on the calendar for an ECRC meeting when notification of agent acceptance is received.

RA/CN unit

Within five days of return of packet to interstate unit from RA/CN unit

When there is insufficient information, an attempt is made to obtain the required information from the sending state.  Provide the information to the RA/CN unit or inform the RA/CN unit that information is not available.

Interstate unit

Within 15 days of receipt of case from interstate unit

The assigned agent completes an interstate investigation and faxes a notice of acceptance or rejection to the interstate unit.

Assigned agent

Within three days of receipt by interstate unit of the agent’s notice of acceptance of the case

Packet is forwarded to the RA/CN unit.

Interstate unit

Within two days of receipt by RA/CN unit of agent’s notice to accept the case

The offender is placed on the ECRC schedule.

RA/CN unit

When offender is placed on ECRC schedule

A letter is sent to the offender notifying him/her of the date and time of the ECRC meeting.  A letter requesting victim notification information is also prepared.  These letters are forwarded to the interstate unit along with a reply form for the other state to use to confirm that the meeting information was provided to the offender.

RA/CN unit support staff

Upon receipt of response

ECRC notification forms are forwarded to the offender via the sending state.  When the interstate unit receives a response from the offender, a copy of the response is provided to the RA/CN unit.  If no response from the offender is received, the interstate unit provides a memo to the RA/CN unit indicating the documents were sent to the offender's sending state and the reply form was not returned.

Interstate unit

At least five days prior to the ECRC meeting

An ECRC Risk Assessment Recommendation is completed and entered in COMS.

RA/CN SO treatment professional

Upon completion of the recommendation

The ECRC Risk Assessment Recommendation, the screening tool score sheet, written educational material about community notification, and an Appearance form are forwarded to the interstate unit.

RA/CN unit support staff

Upon receipt of response

The above ECRC documents are forwarded to the offender via the receiving state.  The offender is expected to complete the Appearance form and return it to the interstate unit.  The completed form is forwarded to the RA/CN unit.  If the offender does not return the Appearance form, the interstate unit prepares a memo for the RA/CN unit noting that the form was not returned.

Interstate unit

At least five days prior to the ECRC meeting

ECRC packet is compiled and distributed to committee members.

RA/CN unit support staff

Upon request

If the offender has retained an attorney to represent him/her during the ECRC meeting, a packet is provided to that attorney upon request, once the offender signs a release of information form and the attorney signs a Data Practices Agreement.

ECRC case manager

Prior to ECRC meeting

Offenders have the right to appear at the ECRC meeting.  If the offender chooses not to attend the ECRC meeting, he/she must sign the Appearance form noting his/her decision to not attend.  Staff must note if offender does not return the form.

RA/CN unit

At the scheduled date and time for the ECRC meeting

ECRC meeting is convened and the community notification risk level assigned.

ECRC committee members

At the ECRC meeting

The offender is provided with the Notice of Risk Level Assignment form.  If the offender was assigned a risk level two or three, the offender is provided the Notice of Appeal form.

 

If the offender did not attend the ECRC meeting, the chair must ensure that these forms are sent to the offender within 24 hours of the meeting.

 

Within one day following the ECRC meeting

An ECRC Report is completed.

Interstate unit

Within two days following the ECRC meeting

A copy of the ECRC Report and a letter to the offender explaining the community notification risk level assignment and the procedure for seeking an administrative review is sent to the sending state.  A copy of the ECRC Report is sent to the MN agent.

Interstate unit

Following the ECRC meeting

A law enforcement packet is prepared and sent to the receiving jurisdiction(s) and the BCA.

 

Check MN Choice for victim notification information.  Notify law enforcement of any victims or witnesses who have requested notification of the offender’s release and whereabouts.

RA/CN unit

 

10.       Special procedures - offenders from other states with active probation.  These offenders are not subject to community notification unless the offender was assigned a risk level by another state or if a MN community notification instance has occurred (flow chart attached).

Time

Action

Responsibility

Within five days of notice of offender’s arrival in MN

If the RA/CN was notified of the offender's transfer by the interstate unit, determine if the offender’s transfer to MN was approved.

 

If not approved, inform law enforcement the offender is in violation of Minn. Stat. §243.161 and §243.1605.  Also inform the previous state the offender is in MN illegally and must be ordered back.

RA/CN unit

Within five days of receipt of packet from sending state or upon notification by assigned agent

Packet is forwarded to RA/CN unit if there is indication that the offender may be subject community notification.

Interstate unit

Immediately upon determination

Interstate unit is notified when there is indication that the offender may be subject to community notification.

Assigned agent

Upon receipt of packet

Packet is reviewed.  Determine if a MN community notification instance has occurred.  If so and if the offender was assigned a risk level by another state, determine if the risk level assignment process is comparable to MN’s process.

 

If comparable, notification proceeds with level assigned by the other state.

 

If not comparable, the offender is placed on the ECRC schedule upon transfer acceptance.

RA/CN unit

Within five days of notice of offender’s arrival in MN

If a MN community notification instance has occurred and the offender was not assigned a risk level by another state, the offender is placed on the ECRC schedule upon transfer acceptance.

RA/CN unit

Upon receipt of packet

The packet is reviewed for data content.  When there is insufficient information to complete a risk assessment, the packet is returned to the interstate unit with a note indicating the reason for the return of the packet.

 

When sufficient information is contained in the packet to complete a risk assessment, the packet is returned to the interstate unit indicating that the case will be placed on the calendar for an ECRC meeting when notification of agent acceptance is received.

RA/CN unit

Within five days of return of packet to interstate unit from RA/CN unit

When there is insufficient documentation, make an attempt to obtain the required documents from the sending state.  Provide the documents to the RA/CN unit or inform the RA/CN that documents are unavailable.

Interstate unit

Within three days of receipt by interstate unit of the agent's notice of acceptance of the case

Packet is forwarded to the RA/CN unit.

Interstate unit

Within two days of receipt by RA/CN unit of agent's notice to accept the case

The offender is placed on the ECRC schedule.

RA/CN unit

At least five days prior to the ECRC meeting

An ECRC Risk Assessment Recommendation is completed and entered in COMS.

RA/CN SO treatment professional

Upon completion of the recommendation

A letter to the offender is prepared and sent notifying him/her of the date and time of the ECRC meeting.  The ECRC Risk Assessment Recommendation, the screening tool score sheet, written educational material about community notification, and an Appearance form are forwarded to the offender along with this letter.

RA/CN unit support staff

Upon receipt

The ECRC documents are forwarded to the offender via the sending state.  The offender is expected to complete the Appearance form and return it to the interstate unit.  The completed form is forwarded to the RA/CN unit or a statement is provided noting that the interstate unit did not receive the completed form from the offender.

Interstate unit

At least five days prior to the ECRC meeting

ECRC packet is compiled and distributed to committee members.

RA/CN unit support staff

Upon request

If the offender has retained an attorney to represent him/her during the ECRC meeting, a packet is provided to that attorney upon request, once the offender signs a release of information form and the attorney signs a Data Practices Agreement.

ECRC case manager

At the scheduled date and time

The ECRC meeting is convened and the community notification risk level assigned.

ECRC committee members

At the ECRC meeting

The offender is provided with the Notice of Risk Level Assignment form.  If the offender was assigned a risk level two or three, the offender is provided the Notice of Appeal form.

 

If the offender did not attend the ECRC meeting, the chair must ensure that these forms are sent to the offender within 24 hours of the meeting.

ECRC chair

Within one day following the ECRC meeting

An ECRC Report is completed.

Interstate unit

Within two days following the ECRC meeting

Fax the sending state a copy of the ECRC Report and a letter to the offender explaining the community notification risk level assignment and procedure for appeal.  Fax a copy of the ECRC Report to the sending agent.

Interstate unit

Following the ECRC meeting

A law enforcement packet is prepared and sent to the receiving jurisdiction(s) and the BCA.

 

Check MN Choice for victim notification information.  Notify law enforcement of any victims or witnesses who have requested notification of the offender’s release and whereabouts.

RA/CN unit

 

11.       Special procedures - federal offenders with expired parole and offenders from other states with expired parole/supervised release (flow chart attached).

Time

Action

Responsibility

Within five days of notice of offender’s arrival in MN

Determine if the offender was assigned a risk level by another state.

 

If a risk level has not been assigned, notify law enforcement to proceed with a level two notification without an ECRC review.  Law enforcement may ask the DOC to conduct an ECRC review and assign a risk level.  Law enforcement continues to use level two until the ECRC assigns a risk level.

 

If a risk level has been assigned, determine if the risk level assignment process is comparable to MN’s process.  If the process is comparable, notification proceeds with the level assigned by the other state.  If the process is not comparable, notify law enforcement to proceed with a level two notification without ECRC review. Law enforcement may ask the DOC to conduct an ECRC review and assign a risk level.  Law enforcement continues to use level two until the ECRC assigns a risk level.

RA/CN unit

If ECRC is requested by law enforcement

Enter the case on the ECRC schedule.

RA/CN unit

At least five days prior to the ECRC meeting

An ECRC Risk Assessment Recommendation is completed and entered in COMS.

SO treatment professional

At least five days prior to the ECRC meeting

ECRC packet is compiled and distributed to committee members.

RA/CN unit support staff

Upon request

If the offender has retained an attorney to represent him/her during the ECRC meeting, a packet is provided to that attorney upon request, once the offender signs a release of information form and the attorney signs and Data Practices Agreement.

ECRC case manager

At least five days prior to the ECRC meeting

A letter to the offender is prepared and sent notifying him/her of the date and time of the ECRC meeting.  Also sent with the offender’s letter are the ECRC Risk Assessment Recommendation, the screening tool score sheet, written educational material about community notification, and an Appearance form.

RA/CN unit support staff

Prior to the ECRC meeting

The offender has the right to appear at the ECRC meeting.  If the offender chooses not to attend the ECRC meeting, he/she must sign the Appearance form noting his/her decision not to attend.  Staff must note if form is not returned by the offender.

RA/CN Unit

At the scheduled date and time

The ECRC meeting is convened and the community notification risk level assigned.

ECRC committee members

Within one day following the ECRC meeting

An ECRC Report is completed.

ECRC chair

Upon completion of the ECRC Report

The offender is sent a copy of the ECRC Report, a letter explaining the community notification risk level assignment the Notice of Risk Level Assignment form, and the Notice of Appeal form.

RA/CN unit

Following the ECRC meeting

A law enforcement packet is prepared and sent to the receiving jurisdiction(s) and the BCA.

 

Check MN Choice for victim notification information.  Notify law enforcement of any victims or witnesses who have requested notification of the offender’s release and whereabouts.

RA/CN unit

 

12.       Special procedures - federal offenders with active or expired probation and offenders from other states with expired probation.  These offenders are not subject to community notification unless a MN community notification instance has occurred (flow chart attached).

Time

Action

Responsibility

Within five days of notice of offender’s arrival in MN

Determine if the offender was assigned a risk level by another state or if a MN community notification instance has occurred.

 

If a risk level has not been assigned, notify law enforcement to proceed with a level two notification without an ECRC review.  Law enforcement may ask the DOC to conduct an ECRC review and assign a risk level.  Law enforcement continues to use level two until the ECRC assigns a risk level.

 

If a risk level has been assigned, determine if the risk level assignment process is comparable to MN’s process.  If the process is comparable, notification proceeds with the level assigned by the other state.  If the process is not comparable, notify law enforcement to proceed with a level two notification without ECRC review. Law enforcement may ask the DOC to conduct an ECRC review and assign a risk level.  Notify law enforcement continues to use level two until the ECRC assigns a risk level.

RA/CN unit

If ECRC is requested by law enforcement

Enter the case on the ECRC schedule.

RA/CN unit

At least five days prior to the ECRC meeting

An ECRC Risk Assessment Recommendation is completed and entered in COMS.

RA/CN SO treatment professional

At least five days prior to the ECRC meeting

The ECRC packet is compiled and distributed to committee members.

RA/CN unit support staff

Upon request

If the offender has retained an attorney to represent him/her during the ECRC meeting, a packet is provided to that attorney upon request, once the offender signs a release of information form and the attorney signs a Data Practices Agreement.

ECRC case manager

At least five days prior to the ECRC meeting

A letter to the offender is prepared and sent notifying him/her of the date and time of the ECRC meeting.  Also sent with the offender’s letter are the ECRC Risk Assessment Recommendation, the screening tool score sheet, written educational material about community notification, and an Appearance form.

RA/CN unit support staff

Prior to ECRC meeting

The offender has the right to appear at the ECRC meeting.  If the offender chooses not to attend the ECRC meeting, he/she must sign the Appearance form noting his/her decision not to attend.  Staff must note if form is not returned by the offender.

RA/CN unit

At the scheduled date and time

The ECRC meeting is convened and a community notification risk level is assigned

ECRC committee members

Within one day following the ECRC meeting

An ECRC Report is completed.

ECRC chair

Upon completion of the ECRC Report

The offender is sent a copy of the ECRC Report, a letter explaining the community notification risk level assignment, the Notice of Risk Level Assignment form, and the Notice of Appeal form.

ECRC chair

Following the ECRC meeting

A law enforcement packet is prepared and sent to the receiving jurisdiction(s) and the BCA.

 

Check MN Choice for victim notification information.  Notify law enforcement of any victims or witnesses who have requested notification of the offender’s release and whereabouts.

RA/CN unit

 

13.       Special procedures - federal offenders with pending prison release and active parole

Time

Action

Responsibility

Upon notification that a federal offender is subject to community notification

Information is requested from the supervising federal agent, federal court, Bureau of Prisons, and the BCA.  This request includes victim notification information and a current photograph.

 

The RA/CN unit tracking system is initiated/file started and the offender is placed on the ECRC schedule.

RA/CN unit

When offender is placed on ECRC schedule

A letter is sent to the offender notifying him/her of the date and time of the ECRC meeting.  If the offender has a supervising federal agent, this data may be sent to the offender via the agent.

RA/CN unit support staff

At least five days prior to the ECRC meeting

An ECRC Risk Assessment Recommendation is completed and entered in COMS.

RA/CN SO treatment professional

Upon completion of the recommendation

The ECRC Risk Assessment Recommendation, the screening tool score sheet, written educational material about community notification, and an Appearance form are sent to the offender.  If the offender has a supervising federal agent, this data may be sent to the offender via the agent.

RA/CN unit support staff

At least five days prior to the ECRC meeting

The ECRC packet is compiled and distributed to committee members.

RA/CN unit support staff

Upon request

If the offender has retained an attorney to represent him/her during the ECRC meeting, a packet is provided to that attorney upon request, once the offender signs a release of information form and the attorney signs a Data Practices Agreement.

ECRC case manager

Prior to ECRC meeting

The offender has a right to appear at the ECRC meeting.  If the offender chooses not to attend the ECRC meeting, he/she must sign the Appearance form noting his/her decision not to attend.  Staff must note if the offender does not return the form.

RA/CN unit

At the scheduled date and time

The ECRC meeting is convened and the community notification risk level assigned.

ECRC committee members

Within one day following the ECRC meeting

An ECRC Report is completed.

ECRC case manager/chair

Within two days following the ECRC meeting

The offender is sent a copy of the ECRC Report, a letter explaining the community notification risk level assignment, the Notice of Risk Level Assignment form, and the Notice of Appeal form.  If the offender has a supervising federal agent, this data may be sent to the offender via the agent.

A copy of the ECRC Report must be sent to the federal agent.

RA/CN unit

Following the ECRC meeting

A law enforcement packet is prepared and sent to the receiving jurisdiction(s) and the BCA.

 

Check MN Choice for victim notification information.  Notify law enforcement of any victims or witnesses who have requested notification of the offender’s release and whereabouts.

RA/CN unit

 

14.       Special procedure - when there is insufficient data to complete a risk assessment.  If data on an offender is not sufficient to accurately score the appropriate screening tool and complete a risk assessment, the sex offender treatment professional must not recommend a risk level in the ECRC Risk Assessment Recommendation Report.  The ECRC assigns a risk level two in such cases, unless there are documented mitigations or concerns to support a risk level other than two.  All other appropriate ECRC procedures must be followed in this situation.  Efforts must be made to obtain data sufficient to complete a risk assessment.  These efforts to obtain data must be documented.

 

15.       Requests for reassessment by case managers, supervising agents, and law enforcement officials - in accordance with Minn. Stat. §244.052, the offender's corrections agent, or law enforcement may request that an offender's risk level be reassessed.  While the offender is incarcerated, the offender's case manager serves as the corrections agent.

Time

Action

Responsibility

When it is determined that information was not considered by the ECRC or when evidence exists that the offender's risk level should be reviewed

A request for reassessment is made to the RA/CN unit director (the commissioner’s designee).

Case manager, corrections agent, or law enforcement

Within five days of receipt of the request

The request is reviewed and a written response is provided to the requester.

RA/CN unit director

On receipt of the RA/CN unit director’s response

If reassessment is recommended, the appropriate ECRC chair is notified and ECRC procedures outlined in B. 3. are followed.

ECRC chair

Upon recommendation of a re-assessment by the unit director

If the offender has been in the community since the last risk level assignment, a criminal history check must be completed.

ECRC chair

 

16.       Offender requests for reassessment procedure

a)         Criteria for consideration of reassessment - an offender must demonstrate, at a minimum, the following facts and circumstances to be true in his/her case to qualify for a reassessment.

(1)       Three years have elapsed since initial risk level assignment.  If an offender requests a reassessment more than three years since the initial risk level assignment, the offender must have demonstrated, at a minimum, the following facts and circumstances to be true for three years immediately preceding the request.

(2)       Two years have elapsed since a denial of ECRC reassessment or two years since last reassessment.

(3)       Full compliance with his/her conditions of release.  Full compliance is evidenced by lack of supervision violations, any credible evidence regarding any allegations of non-compliance since the initial risk level assignment, or since the last reassessment or denial of ECRC reassessment.

(4)       The offender has not been convicted of any felony, gross misdemeanor, or misdemeanor offenses subsequent to the assignment of the original risk level.

(5)       The offender has completed required post-release treatment programming (must provide signed release forms, as necessary).

(6)       The offender has been fully compliant with sex offender registration.  Full compliance is evidenced by lack of registration violations or any credible evidence regarding any allegations of non-compliance with registration requirements since the initial risk level assignment or since the last reassessment or denial of reassessment.

(7)       The offender is not incarcerated.

 

b)         Offender request procedures – the offender must:

(1)       Send a request to the RA/CN unit.  The RA/CN unit sends an application to the offender along with release forms for any treatment programs the offender has participated in.

(2)       Legibly and completely fill out the application and release forms.

(3)       Have the completed application notarized and return the application to the RA/CN unit along with completed release forms.

 

c)         RA/CN unit responsibilities - upon receipt of the offender application the RA/CN unit:

(1)       Conducts a check to determine if the above-listed timelines have been met for the offender to be eligible for consideration for a reassessment.

(2)       Conducts a history check with the National Crime Information Center (NCIC) and the BCA.

(3)       Sends an electronic query to all MN law enforcement agencies, requesting information that may be relevant to risk level reassessment.

(4)       Sends a copy of the offender’s completed application and a summary of the results of the law enforcement queries to the supervising agent.  The supervising agent must verify the offender’s self-reported information and provide additional information that the supervising agent may have.

 

d)         Supervising agent responsibilities – the supervising agent:

(1)       Reviews the information provided by the offender for accuracy; and

(2)       Provides a written summary to RA/CN unit of the offender’s adjustment to supervision.

 

e)         If criteria for reassessment request are met:

(1)       The RA/CN units determines if risk assessment tools can be scored.  Dynamic risk assessment tools are scored on most offenders with sex offenses.  Dynamic risk assessment tools are not scored on offenders with only pornography related sex offenses or offenders who do not have a sex offending history.

(2)       The RA/CN unit contacts the offender for an assessment tool interview.

(3)       Static, stable, and acute risk assessment tools are scored by the RA/CN unit, if appropriate.

(4)       An ECRC meeting is scheduled by the RA/CN unit.

(5)       The offender is sent written notice of the date, time, and location of the meeting.

(6)       The ECRC Risk Assessment Recommendation Report is completed and distributed along with other relevant documentation.

 

f)         At the meeting the ECRC considers all available information.  The ECRC determines if the offender no longer poses the same degree of risk to the community.  In making this determination, the ECRC considers factors such as:

(1)       The scores on risk assessment tools, if scored.

(2)       Offender’s compliance with supervision, treatment requirements, and registration;

(3)       Any statements indicating an intent to reoffend or any high risk behaviors exhibited by the offender;

(4)       Amount of at-risk time the offender has spent in the community; and

(5)       Whether the offender has developed, since risk level assignment, an illness or physical condition that lowers the risk to reoffend.

 

g)         Dynamic risk assessment score guidelines

Assessment tool

Low

Moderate

High

Static-99R

-3 to 1

2 to 3 Moderate low

4 to 5 Moderate high

6+

Stable 2007

0 to 3

4 to 11

12+

Acute 2007

0

1

2+

 

h)         Combining static and stable empirical rules

Static

Stable

Static-stable risk

Low

Low

Moderate

High

Low

Low

Moderate-low

Moderate-low

Low

Moderate

High

Low

Moderate-low

Moderate-high

Moderate-high

Low

Moderate

High

Moderate-low

Moderate-high

High

High

Low

Moderate

High

High

High

Very high

 

i)         Combining static/stable and acute risk factors

Static-stable risk

Acute

Overall Risk

Low

Low

Moderate

High

Low

Low

Moderate

Moderate-low or

Moderate-high

Low

Moderate

High

Low

Moderate

High

High or very high

Low

Moderate

High

Moderate

High

High

 

j)         Following the ECRC meeting, a copy of the ECRC risk assessment report is sent to the offender and the supervising agent by the RA/CN unit.

 

17.       Administrative review - in accordance with Minn. Stat. §244.052, the offender may appeal the risk level assignment of two or three.  The offender must complete the Notice of Appeal form.  The offender must turn this completed form into the ECRC chair within 14 days of notification of the risk level assigned to exercise the right to appeal.

 

If an appeal hearing is scheduled while the offender remains incarcerated, the offender appears at this hearing via ITV.  These hearings are scheduled according to a calendar agreed upon by the DOC, Attorney General’s office (AGO) and Office of Administrative Hearings (OAH).  If the offender is no longer incarcerated on the scheduled hearing date, the hearing takes place at OAH.

Time

Action

Responsibility

Upon receipt of the Notice of Appeal form from the offender

 

 

The AGO and RA/CN unit are notified.

 

Ensure a copy of the Notice of Appeal form, along with a copy of the ECRC packet (including the ECRC Risk Assessment Recommendation, the ECRC Report, and the final screening tool score sheet) and a copy of the audio recording are sent to the AGO.

ECRC chair

Upon request

Ensure documents requested by the AGO are provided.

ECRC chair and RA/CN unit

Upon request

Provide offender access to legal calls if the offender has an attorney assisting with the appeal process.  The offender must utilize offender phones to contact potential witnesses or other parties for the appeal.

Case manager

Upon request by offender

The case manager/designee provides the offender the opportunity to listen to the audio recording of the ECRC meeting.

 

If the offender has been released, a copy of the ECRC audio recording is saved on a compact disc (CD) and sent to the offender.

Case manager/designee

Upon notification from the AGO of judge assignment

Complete the Notice of and Order for Hearing form and the Affidavit of Service form detailed instructions for completing these forms and examples are attached).

ECRC chair

On notification by the AGO of judge assignment

A copy of the RA/CN unit file is sent to the AGO.

RA/CN unit

Upon notification of scheduled appeal hearing date

Complete the Notice of Time and Place of Hearing memo and the Affidavit of Service form (detailed instructions for completing these forms and examples

are attached to this policy).

 

Notify victim services (via email to victimassistance.doc@state.mn.us) of the scheduled appeal hearing.  Attach a copy of the Notice of Time and Place of Hearing memo to this email.

ECRC chair

Upon notification of scheduled appeal hearing date

Send a letter (attached) to the victim regarding the appeal process.

Victim services staff

Upon notification of scheduled appeal hearing date

If the offender remains incarcerated on the ECRC appeal hearing date, the offender appears at the hearing via ITV.  Arrangements must be made to accomplish this appearance.

Case manager

 

18.       ECRC member agreements and protocol

a)         All ECRC members and observers must agree to and sign the Data Practices Agreement prior to attending an ECRC meeting.  This form must be signed by participants only once.

 

b)         ECRC protocol

(1)       The ECRC chair turns on the recorder, introduces himself/herself, and convenes the committee by stating the offender’s name, offender identification number (OID), and the date.  When the offender declines attendance, the chair reports a signed Appearance form is part of the file.

 

(2)       ECRC members must introduce themselves and identify their role in the committee.

 

(3)       Observers must also identify themselves and their role in the meeting.

 

(4)       The SO treatment professional reads the ECRC Risk Assessment Recommendation into the record.  If agreeable to the committee and the offender (if present), the report may be summarized.

 

(5)       The offender may present information regarding the risk assessment recommendation or other factors he/she wants the committee to consider.

 

(6)       Committee members and offender may ask questions, participate in an exchange of information to clarify records or hear additional information from the offender.

 

(7)       The ECRC chair excuses the offender from the ECRC meeting and shuts off the recorder.

 

(8)       ECRC committee:

(a)       Reviews the ECRC Risk Assessment Recommendation;

(b)       Addresses any issues raised by the offender;

(c)       Reviews the screening tool;

(d)       Determines if any special concerns or mitigating circumstances (see definitions section) exist;

(e)       Confirms any facts;

(f)        Votes on community notification risk level (majority rules on the vote) and gives rationale for the vote; and

(g)       Determines any residency restrictions, if a risk level three is assigned.

 

(9)       The ECRC reconvenes with the offender present.  The ECRC chair resumes the recording.  The ECRC chair informs the offender of the assigned community notification risk level, provides a brief summary of the committee’s decision, and identifies any special concerns or restrictions.

 

(10)     The chair gives the Notice of Risk Level Assignment form to the offender.

 

(11)     The ECRC chair reviews the appeal rights and predatory offender registration requirements with the offender.  If the offender was assigned a risk level two or three, the chair provides the offender with a Notice of Appeal form.

 

(12)     The recording must be retained a minimum of twelve months at the ECRC facility.  A copy of the recording is also sent to the RA/CN unit following the meeting.

 

C.        Victim notification under the community notification statute, Minn. Stat. §244.052, subd. 4 and §244.053.

1.         If an ECRC is needed on an offender who is relocating to MN, the interstate agent acts as the offender’s case manager.  The agent must check the transfer packet from the sending state or facility for victim notification requests.  The search must include a request to the sending state for any victim notification requests prior to the ECRC.  The agent passes on any victim notification information to the RA/CN unit.

 

2.         Each time an offender moves to a new primary law enforcement jurisdiction, the RA/CN unit staff must check MN Choice and, when appropriate, send the Law Enforcement Victim Data form (attached) along with an instruction letter to the law enforcement agency responsible for victim notification.

 

3.         If the victim assistance program (VAP) determines victim contact information is no longer valid or the victim indicates he/she does not want notification, VAP informs/updates MN Choice.  RA/CN unit staff updates their records also.

 

4.         If the RA/CN unit determines victim contact information is no longer valid or the victim indicates he/she does not want notification, RA/CN unit staff must inform VAP staff.  VAP staff updates their records.

 

5.         If an offender is leaving the State of Minnesota to reside in another state, the RA/CN unit does not send law enforcement packets to the receiving state.  The RA/CN unit provides the victim notification document to the original investigating agency for purposes of victim notification.

 

D.        Level three website – criteria for website posting

1.         The offender is living in a community residential setting in MN.  This does not include residence in a jail, Department of Human Services (DHS) secure facility, prison, or halfway house.

 

2.         The responsible law enforcement agency has determined information may be released to the public.  This information is generally what is provided on the public notification fact sheet used by the law enforcement agency for public distribution.

 

3.         The RA/CN unit posts the information upon request of the local law enforcement agency or within two days of release of public information by the local law enforcement agency, whichever is earlier.

 

4.         The RA/CN unit removes the information from the website upon verification the offender is no longer living at a posted residence.

 

5.         Updated photographs, when provided by outside sources, are added to the website, if the photographs provide a better representation of the offender than what is provided by COMS.

 

6.         Secondary addresses for offenders are posted only upon request of the responsible law enforcement agency.

 

REVIEW:       Annually

 

REFERENCES:         Policy 205.200, “Sex Offender Civil Commitment Screening”

Policy 203.260, “Victim Notification”

Minn. Stat. §243.161

Minn. Stat. §243.1605

Minn. Stat. §244.10, subd. 8

Minn. Stat. §244.053

Minn. Stat. §253B.18

Minn. Stat. §253B.185

Minn. Stat. §526.10 (1992)

Minn. Stat. §609.165

Minn. Stat. §609.185

Minn. Stat. §609.19

Minn. Stat. §609.195

Minn. Stat. §609.20

Minn. Stat. §609.205

Minn. Stat. §609.221

Minn. Stat. §609.222

Minn. Stat. §609.223

Minn. Stat. §609.2231

Minn. Stat. §609.224, subd. 2

Minn. Stat. §609.2242, subd. 2 or 4

Minn. Stat. §609.2247

Minn. Stat. §609.229

Minn. Stat. §609.235

Minn. Stat. §609.245, subd. 1

Minn. Stat. §609.25

Minn. Stat. §609.255

Minn. Stat. §609.322

Minn. Stat. §609.324

Minn. Stat. §609.342

Minn. Stat. §609.343

Minn. Stat. §609.344

Minn. Stat. §609.345

Minn. Stat. §609.3451, subd. 2 and 3

Minn. Stat. §609.3453

Minn. Stat. §609.3455, subd. 3a

Minn. Stat. §609.352

Minn. Stat. §609.377

Minn. Stat. §609.498, subd. 1

Minn. Stat. §609.582, subd. 1

Minn. Stat. §609.749

Minn. Stat. §617.23, subd. 2 and 3

Minn. Stat. §617.246

Minn. Stat. §617.247

Minn. Stat. §624.713

 

SUPERSESSION:     Policy 205.220, “Predatory Offender: Registration, Community Notification, Victim Notification, Level 3 Website, and Risk Level Reduction Request,” 1/1/13.

All facility policies, memorandums, or other communications whether verbal, written or transmitted by electronic means regarding this topic.

 

ATTACHMENTS:    Appearance form – DOC Facilities ECRC (205.220A)

Appearance form - Interstate Offender ECRC (205.220I)

ECRC Report - template (205.220B)

ECRC Member/Observer Data Practices Agreement (205.220C)

Victim Notification Request Verification Letter (205.220E)

Flow Charts of Offenders Subject to Community Notification (205.220F)

ECRC Packet Cover Sheet (205.220G)

Notice of Risk Level Assignment (205.220H)

Law Enforcement Victim Data form (205.220J)

Instruction Letter to Law Enforcement Agency (205.220K)

Instructions for Completing Appeals forms (205.220L)

ECRC Risk Assessment Recommendation Report – template (205.220M)

Frequently Asked Questions (205.220N)

Notice of Appeal form (205.220O)

 

/s/

Deputy Commissioner, Community Services

 

Deputy Commissioner, Facility Services