Level II offenders on web

The public could have better access to know if a predatory offender is living in their area.

Rep. Tony Cornish (R-Good Thunder) sponsors HF151, which would add Level II offenders to a Department of Corrections’ website that lists Level III offenders.

Approved Jan. 27 by the House Public Safety and Crime Prevention Policy and Finance Committee, the bill was sent to the House Civil Law Committee. It has no Senate companion.

“I consider Level II sex offenders to be pretty serious offending folk, and there’s a pretty good chance they’ll offend again,” Cornish said.

According to the Corrections Department risk level assessment, Level III offenders are considered the most likely to reoffend, while Level II offenders are considered a moderate risk.

A full fiscal note has been requested, but according to nonpartisan House Fiscal Analysis, a preliminary fiscal note indicates a $220,000 price tag for an additional four full-time equivalent positions to monitor offenders and some software upgrades.

Bill Donnay, director for the Corrections Department Risk Assessment/Community Notification Unit, said that as of Jan. 1, 2011, there were 6,941 individuals in the state assigned a risk level: 1,066 Level III; 1,780 Level II; and 4,095 Level I. He said only about 1,100 to 1,200 Level II offenders would go on a potential website because the rest are incarcerated and a few have been civilly committed.

Teresa Nelson, legal counsel for the ACLU of Minnesota, spoke against the bill. She said the bill could violate a constitutional right of being free from after-the-fact punishment. That happened in Alaska.

“Another factor that the court noted in deciding that Internet postings were unconstitutional punishment under Alaska’s constitution is that it exposes registrants through aggressive notification of their crime to profound humiliation and community-wide ostracism, and that the practical effect of Internet dissemination is that it leaves open the possibility that the registrant will be denied employment and having opportunity,” she said.