Minnesota Sex Offender Risk Level Determination

Communicating the Risk Level Determination to the Offender and Law Enforcement

The committee must prepare a risk assessment report which specifies the offender’s risk level and the reasons for the committee’s decision.The committee must give this report to the offender and to the law enforcement agency where the offender will reside at least 60 days before the offender is released from confinement, except for an offender subject to a mandatory life sentence who has not been granted supervised release. If the offender is subject to a mandatory life sentence and has not yet served the entire minimum term of imprisonment, the report must be given to the offender at least six months before the offender is first eligible for release If, however, the risk assessment is delayed because the offender was received for confinement with fewer than 90 days remaining on his or her sentence, the report must be given to the offender and law enforcement as soon as it is available. Minn. Stat. § 244.052, subd. 3.

At least 60 days before a predatory offender is released from confinement, the Department of Corrections or the Department of Human Services must give the law enforcement agency that investigated the offender’s crime, or where relevant, the law enforcement agency with primary jurisdiction where the offender was committed, all relevant information the departments have on the offender. This information includes information on risk factors in the offender’s history.

In addition, within five days after receiving the offender’s approved release plan, the appropriate department must give the law enforcement agency with primary jurisdiction where the offender plans to live all relevant information the department has concerning him or her, including information on risk factors in the offender’s history. The offender’s risk level assignment must also be communicated with this information. If the risk level assignment was delayed because the offender was accepted for confinement with fewer than 90 days remaining on his or her sentence, the appropriate department must communicate this information to the law enforcement agency within five days of the risk level assignment or reassignment. Minn. Stat. § 244.052, subd. 5.


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.