Community Notification in Minnesota
Overview of Process
At least 90 days before release, sex offenders are given a risk level by and End-of-Confinement-Review Committee (see below): Level 1, Level 2, or Level 3. Information about the offender, including their risk level, is sent to the law enforcement agency with jurisdiction over where the offender plans to live. Law enforcement decides whom they may notify based on the risk level of the offender, who the offender is likely to encounter and any patterns of victimizing or victim preferences the offender has shown in the past. Law enforcement must also follow guidelines that limit the scope of disclosure for each risk level. The scope of disclosure is always related to the scope of risk.
Offenders Subject to Community Notification
Minnesota's notification law applies to adult sex offenders convicted or released after January 1, 1997 (date law became effective). Community Notification may be applied for as long as the offender is required to register under Minnesota's sex offender registration law, which is at least ten years.
Composition of the Committee That Assigns Risk Level
Each correctional institution has a standing committee called the End-Of-Confinement-Review Committee. The committee evaluates each sex offender at least 90 days before they are released and assigns a risk level based on their findings. By law, the committee must consist of:
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The head of the correctional facility where the offender is currently confined (or their designee)
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A law enforcement officer
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A treatment professional who is trained in the assessment of sex offenders
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A caseworker experienced in supervising sex offenders
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A member of Department of Corrections Victim Services Unit
Factors Used to Assign a Risk Level
The risk assessment is based on many factors including, BUT NOT LIMITED TO:
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The offender's past behavior
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Behavior while incarcerated
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The conditions under which the offender will be released
Every offender is held to the same evaluation standards. The committee's findings place an offender in a group that is more or less likely to re-offend than other sex offenders. However, there is no way to predict with absolute certainty that an offender will or will not re-offend. That's why general safety education and awareness are so important.
Changing a Risk Level
After receiving their risk assignment, offenders may request a hearing before an administrative law judge to appeal their risk level. Offenders may request a hearing to change their risk level every two years. A law enforcement agency may also appeal the risk level of an offender.