In 2006, in response to several high-profile cases where various victims were abducted and murdered, the US Congress passed a law requiring states to maintain databases of offenders convicted of various offenses. The federal law is entitled the Sex Offender Registration and Notification Act (SORNA). Originally these state databases were referred to as “sex-offender registries” but as the laws changed and more offenses other than sex offenses required registration, the term (at least in Minnesota) was changed to predatory offender registration. What is predatory offender registration? First, let’s look at what it’s not.
When people hear about predatory offender registration, they often mistake it for the system that classifies sex offenders as a level I, II or III based on their risk to reoffend. This classification system is not the same thing as predatory offender registration. The level I, II, or III classifications apply to sex-offenders who have been to prison for a sex-related offense. When these offenders are released from prison they’re evaluated under various criteria and are given a level I, II, or III classification. Depending on their risk level, various notifications are required and only level III offenders are part of a publicly accessible database. Predatory offender registration is different.
Predatory offender registration applies to offenders who are charged with an offense (established by the legislature) as requiring registration. Once a defendant is charged with an offense requiring registration, and if they are convicted of any offense from that same set of circumstances, they must register as a predatory offender. This means that they must notify their local police (as well as the Minnesota Bureau of Criminal Apprehension) where they live, along with other requirements. The list of predatory offenders is not a public list and the public cannot see who is on the list unless an offender falls out of compliance. The length of time an offender must register is generally ten years, although in certain circumstances it can be for life. If the registration is for ten years and the offender is incarcerated for any reason within those ten years, the ten years starts over at he point the offender is released from custody.
Worth noting is that while Minnesota has certain requirements for registration, if an offender moves to another state, or even visits another state, they may be required to register under that state’s law. This could require an offender to be subject to a publicly accessible database or a longer registration period than the ten years required under Minnesota law. Another thing worth noting is that Minnesota is not currently in compliance with the requirements of SORNA due to the fact that Minnesota limits access to the predatory offender database (among other deficiencies).
If you or someone you know has been charged with a sex offense (or another offense that requires predatory offender registration), be sure to consult with an experienced criminal defense attorney to protect your rights.