Registration Information Sharing Among Law Enforcement and Correctional Agencies A corrections agent or law enforcement authority receiving the initial registration documents must forward the registration information to the BCA. The BCA must then determine whether the person has registered with the law enforcement authority in the area of the person’s primary address, or if the…
The Registration Period A person must register with the person’s corrections agent as soon as the agent is assigned to him or her, which occurs upon release from incarceration, or if the person is not incarcerated, at the time he or she is placed on some form of release. If the offender does not have…
Prior to admission to a health care facility, 9 a person required to register must inform the health care facility employee processing the admission that he or she is a registered predatory offender. The person also must notify his or her corrections agent, or if the person does not have one, the law enforcement authority…
A different set of laws apply to someone under 21 who is consuming alcohol and operating a vehicle than to someone over 21. If you or your child have been charged with an underage DWI, it is important to consult with an experienced DWI attorney. Minnesota’s “Zero Tolerance” Underage Drinking and Driving Law Minnesota has…
Registration for Those Without a Primary Address If a person leaves a primary address and does not have a new primary address, the person must register with the law enforcement authority that has jurisdiction in the area where the person is staying within 24 hours of the time the person no longer has a primary…
Verification of Information In most cases, the BCA must mail a verification form to the individual’s last reported primary address once each year, within 30 days of the anniversary date of the person’s initial registration. However, the BCA must send out the form four times per year for those offenders who are required to register…
Continuing Obligations of the Registration Law A person must continue to update his or her assigned corrections agent or the law enforcement authority with which he or she currently is registered of changes in primary address and other information required to be provided. This notice must be provided at least five days before the person…
The initial registration must include a written statement signed by the person giving information required by the BCA, a fingerprint card, and a photograph of the person taken at the time of the person’s release from incarceration, or if the person was not incarcerated, at the time the person initially registered. The registration information also…
The court must inform a person who is required to register of the duty to register and require the person to read and sign a form stating that the duty of the person to register under this section has been explained. The court also must inform the person that, if the person fails to comply…
The predatory offender registration law also applies to certain individuals who commit a crime against the person that may not be included within the scope of the predatory offender registration law. This registration requirement applies if the person is convicted of a crime against the person and: the person was previously convicted of or adjudicated…
A person must register under the law if the person was committed as a sexually dangerous person, sexual psychopath, or psychopathic personality under Minnesota Statutes 1992, section 526.10, or a similar law of another state or the United States, regardless of whether the person was convicted for an offense. A person also must register under…
A person who was convicted in another state for an offense that would be a violation of one of the above laws if committed in this state must register if the person enters the state to reside, work, or attend school, or enters this state and remains for 14 days or longer.7 The person must…
An adult or juvenile must register if convicted of or adjudicated delinquent for violating a law of the United States similar to any of the above laws. An adult or juvenile also must register if convicted of or adjudicated delinquent for an offense pursuant to court martial for violating a law of the United States,…
Notification for Offenders Released From a Correctional Facility The commissioner must establish an end-of-confinement review committee to assign a risk level to offenders who are released from a federal correctional facility in Minnesota or from another state’s facility when the offender intends to reside in Minnesota. The committee must make reasonable efforts to apply the…
The predatory offender registration law requires registration of individuals who have committed certain crimes under Minnesota law, federal law, or the law of other states. The law also requires registration of certain individuals who have been civilly committed. Offenders Who Commit Offenses in Minnesota. An adult who is charged with and convicted of, or a…
Convicted predatory offenders also are subject to several other mandatory sentencing laws that are designed to minimize their recidivism risk. Minimum Conditional Release Term. If a court sentences a felony-level sex offender to prison, the court must also sentence the offender to serve a minimum period of “conditional release” after release from prison. All offenders…
In addition to the mandatory sentencing provisions, mandatory minimum fines apply to all persons convicted of criminal sexual conduct. These minimum fines are equal to 30 percent of the maximum fine authorized by law for the crime of conviction. The court may not waive the minimum fine, but may reduce it to not less than…
Sentences for Repeat or Violent Predatory Offenders1 Life Without Release. The court must impose a life-without-release sentence on a person convicted of certain clauses2 of first- or second-degree criminal sexual conduct involving force or violence, and either: the fact finder (i.e., the judge or jury) determined beyond a reasonable doubt that two or more heinous3…
There are a number of mandatory minimum criminal penalties that apply to certain criminal sexual conduct offenses. These mandatory sentencing provisions are described below. First-Degree Criminal Sexual Conduct Offenders The court must presume that an executed sentence of 144 months applies to any offender convicted of first-degree criminal sexual conduct. This penalty does not apply…
Need help? Contact a criminal defense attorney. Criminal sexual conduct in the first, second, third, and fourth degree are felony-level offenses. Criminal sexual conduct in the fifth degree is a gross misdemeanor offense; however, certain repeat violations of this crime are classified as felonies. Minn. Stat. §§ 609.342 to 609.3451. The chart on the following…
Need help? Contact a criminal defense attorney. The Elements of Criminal Sexual Conduct Minnesota law classifies criminal sexual conduct into five categories: first- through fifth-degree criminal sexual conduct. Each degree of the crime covers a variety of behavior, with first-degree carrying the most severe penalties and fifth-degree the least severe. Generally speaking, the first-degree and…
The 2010 Legislature enacted laws aimed at addressing allegations of misconduct by officers assigned to the Metro Gang Strike Force, including improper seizures and forfeitures. In May 2009, the Legislative Auditor’s financial audit division conducted a special review of the Metro Gang Strike Force and found that “internal controls were not adequate to safeguard seized…
Need help? Contact a criminal defense attorney. This information contained within this and upcoming posts describes Minnesota laws that apply to sex offenders and predatory offenders. The posts will consist of two parts: The first group of posts will summarize the criminal laws that prohibit unlawful sexual conduct, the criminal penalties that apply to these…
This post is part of a series recommending changes to how Minnesota handles criminal records and employment. The full report is here: Criminal Records and Employment in Minnesota. Role of Employers and Unions The Committee recognizes that a major weakness of the collateral sanctions work so far is that it has not involved either employers…
Need help? Contact a crminal records expungement attorney. Criminal Background Check Statutes: An Overview This publication describes the Minnesota Statutes that require or authorize government agencies, employers, and other entities to check the criminal records of, and other background information on, current or prospective licensees, employees, volunteers, or other individuals. Introduction About This Publication This report describes…
Need help? Contact an expungement lawyer. This is a Step-by-Step Guide for filling out expungement forms for a criminal case that was handled in a State of Minnesota District Court. STEP 1. Get your complete criminal case history. Even though you can only ask for an expungement in the county in which the…
The following case summaries highlight specific forfeiture issues decided by Minnesota appellate courts. In cases of joint ownership of a vehicle, the innocent-owner defense found in Minnesota Statutes, section 169A.63, subdivision 7, paragraph (d) only applies when all owners are innocent. Laase v. 2007 Chevrolet Tahoe, 776 N.W.2d 431 (Minn. 2009) (involving husband and wife…
Does a particular forfeiture violate the U.S. Constitution’s prohibition against excessive fines? Three significant rulings have been issued by the U.S. Supreme Court concerning whether a particular property forfeiture violates the Eighth Amendment’s prohibition against “excessive fines” when its value is disproportionate to the seriousness of criminal activity on which it is based. In 1993,…
Forfeiture of Motor Vehicles and Recreational Vehicles Used to Commit Impaired Driving Offenses Minnesota’s impaired driving law provides a special forfeiture procedure applicable to motor vehicles and recreational vehicles (such as snowmobiles, all-terrain vehicles, and motorboats) used to commit certain alcohol-related traffic offenses. This law authorizes the forfeiture of a motor vehicle or recreational vehicle…
Need help? Contact a criminal defense attorney. This post is part of a series recommending changes to how Minnesota handles criminal records and employment. The full report is here: Criminal Records and Employment in Minnesota. The Collateral Sanctions Committee, like the CriMNet Policy Group and CriMNet Task Force, has been engaged in finding ways to…
