Reconsideration of the Risk Level Determination

If additional information becomes available, either the law enforcement agency in the area where the offender will reside or the offender’s corrections agent may request a reassessment of the risk level. Upon such a request, the commissioner may reconvene the end-of-confinement review committee. In requesting such a reassessment, the law enforcement agency that was responsible for the charge resulting in confinement or the agent shall list the facts and circumstances arising after the committee’s determination or the facts and circumstances known to law enforcement or the agent but not considered by the committee. The law enforcement agency must request the reassessment within 30 days of receipt of the report identifying the offender’s risk level. A corrections agent, in consultation with the chief law enforcement officer in the area where the offender plans to reside, may request a review of the offender’s risk level at any time if substantial evidence (as described by law) exists that the offender’s risk level should be reviewed by an end-of-confinement review committee. Upon review of the request, the committee may reassign an offender to a different risk level and, if he or she is assigned to a higher risk level, the offender has the right to seek administrative review of the decision. Minn. Stat. § 244.052, subd. 3.

CREDIT: The content of this and any related posts has been copied or adopted from the Minnesota House of Representatives Research Department’s Information Brief, Sex Offenders and Predatory Offenders: Minnesota Criminal and Civil Regulatory Laws, written by Legislative Analyst Jeffrey Diebel.

This post is also part of a series of posts on Minnesota Criminal and Civil Regulatory Laws Regarding Sex Offenders and Predatory Offenders.