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State Representative Joe Atkins

583 State Office BuildingState Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
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For more information contact: Christina Gosack 651-296-5524

Posted: 2006-01-19 00:00:00
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Bill Would Close "King-Sized" Loophole in Sex Offender Notification Law

Sex offenders serving probation, like the recently arrested "Duke" at Stillwater High School, would receive a risk assessment and be subject to community notification under a new law proposed by Rep. Joe Atkins of Inver Grove Heights. The self-styled “Duke of Cleveland,” a/k/a Joshua Gardner, 22, was serving probation for a felony-level sex offense in Winona County when he made several visits to Stillwater High School, lying about his age and identity as he held court with minors.

“Unfortunately, no one really knows the full extent of the risk Gardner posed, either at Stillwater High or back home in Austin,” said Representative Atkins, “Because no risk assessment and no community notification is currently required with respect to sex offenders sentenced to probation, even those convicted of a felony offense. It is a glaring loophole in our current law.”

Under existing law, only sex offenders who serve prison time are assigned a Level I, II or III Risk Level, which provides police with an indicator of the offender’s likelihood of committing another sex crime. Community notification is required with respect to Level II and III offenders. In 2004, according to the Legislative Auditor, 59% of felony-level sex offenders in Minnesota were sentenced to probation and thus were not assigned a Risk Level.

Representative Atkins’ bill would close this loophole, requiring all sex offenders undergo a risk assessment. If an offender is classified as likely to re-offend, police would be required to notify school and community members when the offender moves in.

Atkins noted that just because a sex offender receives probation rather than prison doesn’t necessarily make the offender less of a risk. “Sometimes it means the offender molested a family member or a neighbor’s child, where the victim was reluctant or too intimidated to assist much in the prosecution of the offender,” he said.

“Current law lulls people into a false sense of security,” said Atkins. "The public logically believes these assessments are already taking place and they’ll be told if a dangerous predator moves in nearby," explained Atkins. "Yet the majority of convicted sex offenders in Minnesota are released without any evaluation or notification to their communities."

Atkins lauded Stillwater High reporters for calling attention to the need to close the loophole in Minnesota’s law. "Gardner is a felony sex offender sentenced to probation, with a history of having sex with an 8th grader when he was an adult, he sneaks into schools, he pretends to be someone he’s not, and he likes hanging around kids several years younger than he is," said Rep. Atkins. "Yet we have no risk assessment and no notification required of the community where he’s living, whether that was Stillwater or in Austin. This is a huge loophole in the law, and it has to be fixed."

Rep. Atkins' bill would provide funding to county and state corrections offices to conduct risk assessments 90 days before the end of probation.
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Mandatory Risk Level Assessments for Sex Offenders Sentenced to Probation
Rep. Joe Atkins

SUMMARY:

§ Currently offenders convicted of criminal sexual conduct, subject to registration, but sentenced to probation, do not receive risk level assessments. Risk level assessments are assigned to sex offenders who have served time in prison and are released under supervision.

§ This legislation would make it mandatory that all sex offenders receive a risk level assessment and are subject to the same community notification standards as offenders released from prison.

§ The bill requires probation agencies to form end-of-probation review committees to assign risk levels to predatory offenders. The offender would undergo the assessment at least 90 days before the offender's probation is scheduled to expire.

§ The bill requires probation officers to notify local police and victims when a predatory offender is sentenced to or released on probation. It also makes the discretionary duty of local law enforcement to inform the community of the offender's presence mandatory.

§ Once the risk level assessment is complete, local law enforcement must disclose information about the offender in accordance with community notification guidelines for the assigned risk level (See Below).

§ The bill proposes funding for various agencies to help cover the increased cost of their new duties.


NOTES ON RISK LEVEL ASSESSMENT:

Risk levels correspond to the kind of supervision offenders receive once released and the type of community notification law enforcement must provide upon the offenders return to the community. The system works as follows:

· An offender found to be a Risk Level I is considered the LEAST likely to re-offend and only local law enforcement and victims or witnesses are notified of the offenders release or relocation.

· An offender found to be a Risk Level II is thought to pose a MODERATE risk of re-offense. In this case, local law enforcement, and victims or witnesses are notified of the offenders' release or relocation, as well as any agencies that may serve a population at risk of victimization that are located near the offenders' home.

· An offender determined to be the MOST likely to re-offend is assigned a Risk Level III. In this case, local law enforcement, victims or witnesses, and any agencies that serve a population at risk of victimization may be notified, as well as the general public. Community Notification to the general public may take place in the form of a community meeting. People living within a three block radius of where the offender will be or is residing may receive notice of the community meeting via a flyer or other notification system.

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