Risk Assessment and Community Notification Mark Bliven, Minnesota Dept. of Corrections Wednesday, Dec 9, 2015 Special Committee on Sex Offenders Connecticut Sentencing Commission Legislative Office Building, Hartford, CT 1

In the News 2

Predatory Offenders Offenders who are convicted, charged, or adjudicated delinquent for specific crimes are required to register as a predatory offender. Crimes include: Murder involving a sexual component Kidnapping and false imprisonment Criminal sexual conduct Indecent exposure involving a child Soliciting a minor to engage in sexual conduct, prostitution, or sexual performance 3

Accurate information about predatory offenders and re-offense rates can contribute to effective safety measures. Understanding the dynamics of predatory offenses is important in order to take the appropriate steps to promote safety. 4

Those Victimized The majority of victims are under the age of 18. Victims are predominately female. Victims often know and trust those who offend against them. 5 National data and reports by the Minnesota Department of Corrections (DOC) consistently show:

Age of Those Victimized Two-thirds of those victimized are under the age of DOC Publication: Sex Offender Recidivism in Minnesota (April, 2007)Sex Offender Recidivism in Minnesota (April, 2007)

Registered Offenders Do Not Commit Most Sex Offenses 90% of those convicted of Criminal Sexual Conduct are not on the registry Minnesota Sentencing Guidelines Commission: (April, 2012)(April, 2012) 7

DOC Studies publications/publications/sex-offender/ 8

Most Offenders Do Not Re-Offend Sexually A 2007 study found a dramatic decrease in sexual recidivism of those offenders released from incarceration from Three years following release, those released in 1990 were rearrested for a sex offense at a rate of about 19 percent, whereas those released in 2002 were rearrested at a rate of about 4 percent. DOC Publication: Sex Offender Recidivism in Minnesota (April, 2007) Sex Offender Recidivism in Minnesota (April, 2007) Rearrest Reconviction Reincarceration 9

Do Residency Restrictions Make People Safe? The Minnesota DOC conducted an extensive study on the impact of imposing restrictions on where an offender may live in proximity to certain locations where children congregate. A total of 3,166 offenders released from were reviewed. Of those, 7 percent (224) committed new sexual offenses and were returned to prison. The department analyzed the circumstances of those 224 new sexual offenses. Residency restrictions from schools, parks, or daycares would have impacted none of the offenses.* * DOC Publication: Residential Proximity and Sex Offense Recidivism in Minnesota (April, 2007)Residential Proximity and Sex Offense Recidivism in Minnesota (April, 2007) 10

Registration and Community Notification 11

Registration and Community Notification StatuteRequirementAuthority M.S. § Registration of certain offenders Minnesota Bureau of Criminal Apprehension M.S. § Assignment of risk to certain offenders Minnesota Department of Corrections M.S. § Community notificationLocal law enforcement 12

Predatory Offender Registration The Bureau of Criminal Apprehension (BCA) governs predatory offender registration. The registry is a tool for law enforcement used for investigative purposes and is linked to federal databases. The registry is a collection of data about offenders that includes information regarding residence, employment, school enrollment, and vehicles driven by offenders. It also includes photographs of the offenders and a DNA sample. Registration information is not public. 13 Click to go to site

Predatory Offender Registration 14 Predatory offenders are required to register for a specified period of time, either 10 years or the duration of supervision, whichever is longer. Lifetime registration may be required in some circumstances. Calculation of the registration period is made by the BCA. The end-date of this period is subject to change. A new registration period may be triggered by a new conviction that results in incarceration of over 24 hours (misdemeanor, gross misdemeanor, felony) even when the offense is not considered predatory.

15 Predatory Offender Registration Law enforcement with jurisdiction over the community where an offender resides may do compliance checks on the registration information. It is the responsibility of each offender or the assigned supervision agent (while the offender is under supervision) to provide the registration information to law enforcement and/or the BCA. Failure of the offender to do so, if substantiated, may result in a new felony conviction and/or additional incarceration time.

Registration Non-Compliance The BCA maintains a public non-compliance list of predatory offenders over the age of 16 who fail to provide the required informational components of the registry. After 30 days have lapsed, information on non-compliant offenders is posted on the BCA website. Once the missing or incorrect information is provided to the BCA and they or law enforcement verify it, the offender’s listing is removed from the public website. The list is published for the purpose of obtaining tips from the public. Click to view 16

Community Notification Law enforcement is notified about the release of every predatory offender. Every registered predatory offender being released from confinement is subject to community notification. Health care facilities receive information from law enforcement or supervision agents regarding patients who are registered offenders. Law enforcement provides community notification information that directly corresponds to risk level assignment. Community members receive information about high-risk offenders. 17

Community Notification Risk Level Level One Level One – LOWER RISK Law enforcement may notify other law enforcement agencies and any victims or witnesses to the offense. Level Two Level Two – MODERATE RISK In addition to level one notification, law enforcement may notify establishments and organizations that primarily serve individuals likely to be victimized by the offender. Level Three Level Three – HIGHER RISK In addition to level two notifications, law enforcement may notify other members of the community whom the offender is likely to encounter and may use the media and/or hold public meetings to deliver information and answer questions. 18

Community Notification Risk Level Level One Level One – LOWER RISK 57% 5,133 Level Two Level Two – MODERATE RISK 28% 2,560 Level Three Level Three – HIGHER RISK 15% 1,379 19

Community Notification Risk Level Level Three Level Three’s In the Community

Community Notification 21

Community Notification Minnesota law allows these offenders to live in the community after serving their court-imposed sentences. It also allows them: To work or continue training, education, and treatment To get groceries, do laundry, go to church, seek medical and dental care, etc. To live and work free of harassment 22

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Resources Bureau of Criminal Apprehension (BCA): click on POR, then POR Public Websitewww.bca.state.mn.us/bca.asp Minnesota Coalition Against Sexual Assault: Minnesota Department of Corrections (DOC): click on Search Offender Locator then Level 3 Sex Offender Searchwww.doc.state.mn.us Minnesota Department of Health Sexual Violence Prevention: Minnesota Department of Human Services: Minnesota Internet Crimes Against Children: MICAC Task Force, National Center for Missing and Exploited Children (NCMEC): , Minnesota Office of Justice Programs, Crime Victim Services: , click on Victim Service Provider Directory for a list of local providerswww.ojp.state.mn.us DOC Restorative Justice: United States Department of Justice National Sex Offender Registry: 27

Mark Bliven, Director Risk assessment / Community Notification Unit