If a local law enforcement agency learns that a person subject to the community notification law is living in Minnesota but has not been assigned a risk level, the law enforcement agency must provide that information to the BCA and the Commissioner of Corrections within three business days. If the information is reliable and the law enforcement agency so requests, the commissioner must determine if the person was assigned a risk level under a comparable law from a different state.

If the commissioner determines that the law is comparable and public safety warrants, then within three days of receiving the request, the commissioner must notify the local agency that it may, in consultation with the department, notify the community based on the person’s out-of- state risk level.

If the commissioner determines that the out-of-state risk assessment law is not comparable, then the extent of the notification may not exceed that of a risk level II sex offender. If the local agency wants to make a broader disclosure, then the agency must request that an end-of-confinement review committee assign a risk level to the offender. The agency must provide the committee all information about the offender’s criminal history, the risk the offender poses to the community, and other relevant information. The committee must then promptly assign a risk level. Minn. Stat. § 244.052, subd. 3a.

10 The local law enforcement agency may request that the end-of-confinement review committee perform a risk level assessment if the agency believes level III level notification is warranted. Minn. Stat. § 244.052, para. (f).

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.