Friday, 17. May 2013
Over the last few months, we have seen an influx of questions about the offenses, penalties and potential ramifications of being convicted of a sex crime in Minnesota. We decided to conduct a three-part series to answer some of the most common questions surrounding criminal sexual conduct. In Part 1, we explained what types of crimes require you to register as a sex offender in Minnesota. Today, we’ll explain “How to register as a Predatory Offender in Minnesota”, and next week we’ll discuss “The Penalties and Community Notification Process in the Release of a Predatory Offender”.
According to Minnesota Statute 243.166, there are numerous regulations a person must follow if they are convicted of a crime that requires them to register as a predatory offender. Once they are released from prison, the first thing they need to do is register as a “predatory offender” in person with their assigned corrections agent. The registration must be done in person because the corrections agent needs a signed statement, fingerprints, and a current photo for their database.
In addition, in accordance with subd. 4a. “A person required to register under this section shall provide to the corrections agent or law enforcement authority the following information:
- The person’s primary address;
- All of the person’s secondary addresses in Minnesota, including all addresses used for residential or recreational purposes;
- The addresses of all Minnesota property owned;
- The addresses of all locations where the person is employed;
- The addresses of all school where the person is enrolled;
- The year, model, make, license plate number and color of all motor vehicles owned or regularly driven by the person.”
- A person must also register in another state if they enter and remain in that state for 14 days or longer
An individual is required to notify law enforcement or their corrections officer at least five days before moving to a new address. When applicable, the offender must also give five days notice if any of the above information changes, i.e. a five-day notice before they start a new job.
Registering as a predatory offender is not a one-and-done deal. As the law states, “A person who is required to register is subject to the law for ten years from the time he or she initially registered in connection with the offense, or until probation, supervised release, or conditional release period expires, whichever occurs later.” This means that each individual who has to register as a predatory offender will need to keep his or her registration current for a minimum of 10 years. If part of a person’s sentence is 15 years of probation, they’ll need to register as an offender for 15 years.
Also, it’s extremely important for a predatory offender to follow the conditions of their registration, or they could be forced to register for a longer period then they expected. The police have the authority to add five years to the end of an offender’s registration period if they:
- Fails to register a change in primary address
- Fails to register with the local law enforcement authority if the person has no primary address
- Fails to notify authorities of any other change in registered information
- Fails to return the verification form sent by the Bureau of Criminal Apprehension within ten days of receiving the form
In order to stay current with the BCA, the predatory offender must fill out and return a yearly verification form. The BCA usually mails the form to the offender’s last known primary address within 30 days of the anniversary of the offender’s initial registration. As noted above, once the offender receives the verification form, he or she has ten days to return the completed form or they will be subject to additional years of registration.
Most predatory offenders only need to complete the yearly verification form to stay current with their registration; however, some offenders (those who are deemed sexually dangerous, a sexual psychopath, or a level III offender) are required to complete verification forms on a more regular basis, sometimes as many as four per year.
While 10 years is the minimum amount of time a predatory offender needs to keep his or her information current, some individuals are required to register for the rest of their lives. Lifetime registration is required for three types of convicts:
Sexual Predators – Any person who is required to register following commitment as a sexual psychopathic personality or sexually dangerous person under Minnesota law is considered a sexual predator.
Aggravated Offenders – Any person who commits a sexual act with a victim of any age through the use of force or the threat of serious violence, or commits a sexual act on a victim under the age of 13 is considered an aggravated offender who must register for life.
Reoffenders – Any person convicted of a crime for which predatory registration is required who has previously been convicted of an offense where registration was required will need to stay on the predatory offenders list for life.
Related source: Minnesota House of Representatives