All offenders who are required to register as sex-offenders, are also assigned a Level 1, 2, or 3 when they leave prison. Level 3 is considered the highest risk to re-offend. If a level 3 offender moves into your neighborhood, you will be notified by law enforcement. There are three levels of predatory offenders and each level has certain laws which govern what information may be given to the public.
Notification for the three levels is as follows:
Level I Offenders. The law enforcement agency may maintain information about the offender within the agency and disclose it to other law enforcement agencies. The law enforcement agency also may disclose the information to any victims or witnesses to the offense committed by the offender. The agency must disclose information to victims of the offense who have requested disclosure. The agency also must disclose information to adult members of the offender’s immediate household. Minn. Stat. § 244.052, subds. 1 and 4.
Level II Offenders. The law enforcement agency may disclose the same information it may disclose on Level I offenders, and it also may disclose information to agencies and groups the offender is likely to encounter. These agencies and groups include the staff members of public and private educational institutions, day care establishments, and establishments and organizations that primarily serve individuals likely to be victimized by the offender. The purpose of this notification is to secure these institutions and to protect individuals in the care of these institutions while they are on or near the institution’s premises. The agency also may disclose information to individuals the agency believes are likely to be victimized by the offender based on the offender’s pattern of offending or victim preference. Minn. Stat. §244.052, subd. 4.
Level III Offenders. The law enforcement agency must disclose the information to the persons and entities who may receive notice about Level I and II offenders. When the entity is one that primarily educates or serves children, and the offender is participating in programs offered by the facility that require or allow the person to interact with children, then the entity must notify the parents with children at the facility. In addition, the agency must disclose information to other members of the community whom the offender is likely to encounter, unless the agency determines that public safety would be compromised by the disclosure or that a more limited disclosure is necessary to protect the identity of the victim. When a Level III offender moves into a community, law enforcement typically holds a community meeting to provide information about the offender. The offender may not attend the meeting. Minn. Stat. § 244.052, subd. 4.
A law enforcement agency disclosing information to the public about Level III offenders must forward the information disclosed to the Commissioner of Corrections. The Commissioner of Corrections must create and maintain a website to post the information received from the law enforcement agency. This information must be updated in a timely manner to account for address changes. The information must be available during the time the offender is subject to notification as a Level III offender. Minn. Stat. § 244.052, subds. 4 and 4b.
Caveat: A law enforcement agency may not make the disclosures permitted or required for Level II and Level III predatory offenders if the offender is placed or resides in a residential facility. In these cases, notification is delayed until shortly before the offender is released from the residential facility. Minn. Stat. § 244.052, subd. 4.