HomeMy WebLinkAboutPolicy 356 - Registered Predatory OffendersPolicy
356 Hastings Police Department
Hastings PD Policy Manual - 2020
Registered Predatory Offender
356.1 POLICY
It is the policy of the Hastings Police Department to protect the public by disclosing information on
predatory offenders residing in this agency's community. This agency will decide what information
to disclose and who to disclose it to based on the level of danger posed by the offender, the
offender's pattern of offending behavior and the needs of community members to enhance their
individual and collective safety.
356.2 DEFINITIONS
Predatory Offender Registration and Community Notification - refers to the Minnesota
law that requires certain predatory offenders to register with the Minnesota Department of
Public Safety Predatory Offender Unit. The law also provides for community notification about
certain adult predatory offenders who have been incarcerated by the Minnesota Department of
Corrections (DOC) or confined by the Minnesota Department of Human Services (DHS).
Offender Risk Levels- means the level of notification is governed by the level of risk assigned
by the DOC.
Three possible risk levels can be assigned to an offender. They are:
•Level 1 – low risk of re-offending
•Level 2 – moderate risk of re-offending
•Level 3 – high risk of re-offending
Note: Some offenders who are required to register as predatory offenders are not assigned a risk
level because their sentence was completed prior to predatory offender legislation or because
they have not spent time in state or federal prison. These offenders are not subject to community
notification.
356.3 REGISTRATION PROCEDURES
For questions concerning predatory offender registration refer to the Bureau of Criminal
Apprehension (BCA)'s Predatory Offender Registration website at www.dps.state.mn.us/bca for
detailed information, or contact the Predatory Offender Unit (BCA-POR) by calling (651) 793-7070
or 1-888-234-1248.
When an offender arrives to register with this agency, determine what state the offense was
committed in and if the individual is required to register by reviewing the list of registrable offenses
on the POR website.
If the offender is required to register, contact the BCA POR Unit to verify the offender is already
registered and a DNA sample has been submitted.
•If the offender is already registered, complete a Change of Information Form included
on the BCA's website at www.dps.state.mn.us/bca.
Copyright Lexipol, LLC 2025/02/25, All Rights Reserved.
Published with permission by Hastings Police Department Registered Predatory Offender - 217
Hastings Police Department
Hastings PD Policy Manual - 2020
Registered Predatory Offender
•If the offender is not registered, complete a Predatory Offender Registration Form
included on the BCA's website at www.dps.state.mn.us/bca.
•If the offender is from another state, contact the state (information for each state is
listed on the BCA's website at www.dps.state.mn.us/bca) and request a copy of the
offender's original registration form, criminal complaint and sentencing documents.
It is recommended the agency verify the address of offenders living in their community.
•If the offender is not living at the registered address, contact the BCA-POR to
determine if a Change of Information Form was submitted. If it was not, the offender
may be charged with failure to notify authorities of a change in residence. To make
this charge, contact the BCA-POR to request a prosecution packet. Submit the packet
to the county attorney's office to file a formal charge.
Note: It must be verified that the offender is no longer residing at his/her last address prior
to submitting the prosecution packet for charging. Depending on the county attorney, formal
statements may be needed from friends, co-workers, neighbors, caretakers, etc.
356.4 COMMUNITY NOTIFICATION PROCEDURES
For questions regarding community notification or the risk level assigned to an offender contact
the Risk Assessment/Community Notification Unit of the Department of Corrections (DOC RA/CN
Unit) at 651-361-7340 or at notification.doc@state.mn.us. The DOC will answer questions about
the notification process and agency responsibilities. The DOC is also available to assist agencies
in conducting public notification meetings when an offender subject to notification moves into a
law enforcement jurisdiction.
Attached to this policy are examples of forms that are provided to law enforcement agencies by
the DOC to assist them in performing community notifications:
1. CONFIDENTIAL - Fact Sheet - Law Enforcement Agency Use Only
2. Law Enforcement Agency Fact Sheet - Notification of Release in Minnesota-Risk Level
Two
3. Law Enforcement Agency Fact Sheet - Notification of Release in Minnesota-Risk Level
Three
4. Law Enforcement Fact Sheet - Health Care Facility Notification - Information on a
Registered Offender Not for Distribution to Facility Residents
5. Law Enforcement Fact Sheet - Health Care Facility Notification - Information on a
Registered Offender for Distribution to Facility Residents
6. VICTIM DATA - CONFIDENTIAL - For Law Enforcement Agency Use Only
356.4.1 NOTIFICATION PROCESS
Law enforcement agencies receive information from the BCA and DOC pertaining to the risk levels
of offenders. The duty of law enforcement to provide notification depends on the risk level assigned
as described below. Public notification must not be made if an offender is placed or resides in one
Copyright Lexipol, LLC 2025/02/25, All Rights Reserved.
Published with permission by Hastings Police Department Registered Predatory Offender - 218
Hastings Police Department
Hastings PD Policy Manual - 2020
Registered Predatory Offender
of the DOC licensed residential facilities (halfway houses) operated by RS-Eden, Alpha House,
180 Degrees, Damascus Way, or Bethel Work Release. Do NOT disclose any information until
the law enforcement agency is notified the offender will move to a residential location.
Level 1 – Information maintained by law enforcement and may be subject to limited disclosure.
See attachment 1: Confidential Fact Sheet – For Law Enforcement Agency Use Only.
•Mandatory disclosure
o Victims who have requested disclosure
•Discretionary disclosure
o Other witnesses or victims
o Other law enforcement agencies.
Level 2 – Information subject to limited disclosure for the purpose of securing institutions and
protecting individuals in their care while they are on or near the premises of the institution. See
attachment 2: Law Enforcement Agency Fact Sheet – Notification of Release in Minnesota – Risk
Level 2.
•In addition to Level 1 disclosures, the law enforcement agency may disclose
information to:
o Staff members of public and private educational institutions, day care
establishments and establishments that primarily serve individuals likely to be
victimized by the offender.
o Individuals likely to be victimized by the offender.
•Discretionary notification must be based on the offender's pattern of offending or victim
preference as documented by DOC or DHS.
Level 3 – Information subject to disclosure, not only to safeguard facilities and protect the
individuals they serve, but also to protect the community as a whole. See attachment 3: Law
Enforcement Agency Fact Sheet – Notification of Release in Minnesota.
•In addition to Level 2 disclosures, law enforcement shall disclose information to
other members of the community whom the offender is likely to encounter, unless
public safety would be compromised by the disclosure or a more limited disclosure is
necessary to protect the identity of the victim.
•A good faith effort must be made to complete the disclosure within 14 days of receiving
documents from DOC.
•The process of notification is determined by the agency. The current standard for
a Level 3 offender is to invite the community to a public meeting and disclose the
necessary information. Assistance is available from DOC RA/CN Unit.
356.4.2 HEALTH CARE FACILITY NOTIFICATION
Upon notice that a registered predatory offender without a supervising agent has been admitted
to a health care facility in its jurisdiction, law enforcement shall provide a fact sheet to the facility
Copyright Lexipol, LLC 2025/02/25, All Rights Reserved.
Published with permission by Hastings Police Department Registered Predatory Offender - 219
Hastings Police Department
Hastings PD Policy Manual - 2020
Registered Predatory Offender
administrator with the following information: name and physical description of the offender; the
offender's conviction history, including the dates of conviction; the risk level assigned to the
offender, if any; and the profile of likely victims.
See attachment 4: Law Enforcement Agency Fact Sheet - Health Care Facility Notification
Information on a Registered Offender Not For Distribution to Facility Residents & attachment
5: Law Enforcement Agency Fact Sheet - Health Care Facility Notification Information on a
Registered Offender For Distribution to Facility Residents.
356.4.3 SPECIALIZED NOTIFICATIONS
Offenders from Other States and Offenders Released from Federal Facilities Subject to
Notification
•If a local law enforcement agency learns that a person under its jurisdiction is subject
to registration and desires consultation on whether or not the person is eligible for
notification, the agency must contact the DOC. The DOC will review the governing
law of the other state and, if comparable to Minnesota requirements, inform law
enforcement that it may proceed with community notification in accordance with the
level assigned by the other state.
•If DOC determines that the governing law in the other state is not comparable,
community notification by law enforcement may be made consistent with that
authorized for risk level 2.
•In the alternative, if a local law enforcement agency believes that a risk level
assessment is needed, the agency may request an end-of-confinement review. The
local law enforcement agency shall provide to the DOC necessary documents required
to assess a person for a risk level.
Victim Notification
Law enforcement agencies in the area where a predatory offender resides, expects
to reside, is employed, or is regularly found shall provide victims who have requested
notification with information that is relevant and necessary to protect the victim and
counteract the offender's dangerousness.
DOC will provide victim contact information to the law enforcement agency when
there is a victim who has requested notification. See attachment 6: VICTIM DATA –
CONFIDENTIAL – For Law Enforcement Agency Use Only.
Law enforcement personnel may directly contact the victim. Community victim advocacy
resources may also be available to assist with locating a victim and with providing
notification. Assistance is also available from the DOC Victim Services staff.
Law enforcement also may contact other victims or witnesses as well as other individuals
who are likely to be victimized by the offender.
Homeless Notification Process
Copyright Lexipol, LLC 2025/02/25, All Rights Reserved.
Published with permission by Hastings Police Department Registered Predatory Offender - 220
Hastings Police Department
Hastings PD Policy Manual - 2020
Registered Predatory Offender
If public notice (Level 2 or 3) is required on a registered homeless offender, that notice
should include as much specificity as possible, for example "in the vicinity of_____". These
offenders are required to check in with local law enforcement on a weekly basis.
Copyright Lexipol, LLC 2025/02/25, All Rights Reserved.
Published with permission by Hastings Police Department Registered Predatory Offender - 221