Recourse for an Offender If He or She Objects to the Risk Level Assessment
At the time the committee provides the offender its risk assessment report, including the risk level to which he or she has been assigned, the committee must inform the offender of the availability of administrative review of its decision. Minn. Stat. § 244.052, subd. 3. The right to administrative review exists for those offenders assigned to risk Level II or III.
An offender must seek review within 14 days of receiving notice of the committee’s risk level decision by notifying the chair of the committee. Upon receiving this request, the chair must notify the offender; the victims of the offense who have requested disclosure; the law enforcement agency that investigated the crime or, where relevant, the law enforcement agency having primary jurisdiction where the offender was committed; the law enforcement agency with jurisdiction where the offender expects to reside (if the release plan has been approved by the Department of Corrections); and any other individuals the chair selects.
A request for a review hearing does not interfere with or delay the notification process under the law, unless the administrative law judge orders otherwise for good cause shown.
An offender who requests a hearing must be given a reasonable time to prepare for the hearing. The hearing is conducted by an administrative law judge. The offender bears the burden of proving by a preponderance of the evidence that the risk assessment determination was erroneous. The attorney general or a designee must defend the committee’s determination. The offender has the right to be present and be represented by counsel at the hearing, to present evidence, and to call and cross-examine witnesses. The judge may seal any portion of the record of the hearing to the extent necessary to protect the identity of a victim of or witness to the offense.
After the hearing, the administrative law judge must issue a written decision upholding or modifying the review committee’s decision. This decision must include the judge’s reasons for the decision. The decision may be appealed to the courts through procedures set forth in the Administrative Procedures Act (chapter 14). Minn. Stat. § 244.052, subd. 6.
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.