Sex Offender Notification FAQ's
If this person is so dangerous, why are they being released from prison in the first place?
Why is this offender being placed in my neighborhood?
What happens if a sex offender doesn't register his or her address?
If this person is so dangerous, why are they being released from prison in the first place?
Minnesota is a state that has specific sentence lengths for specific crimes, known as determinate sentencing. When an offender is sentenced to prison by the judge, the length of required prison time had been previously established for that offense by the Guidelines Commission, and applies to anyone convicted of the same offense. Someone with no previous criminal offenses may have a shorter sentence than someone who has been in trouble before.
In Minnesota, people are released from prison after serving two-thirds of their sentence with the last third to be served at a workhouse, halfway house, etc. While out on work release, offenders are being monitored by probation officers. At some point, the offender will have served the sentence mandated by law and must be released from prison and/or probation. Once the sentence is finished, neither the Rochester Police Department, nor the courts have the authority to tell the offender where they can live or work.
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Why is this offender being placed in my neighborhood?
Sex offenders are NOT placed in any neighborhoods in the City of Rochester. Once they are released from prison, they are free to live wherever they choose. Most offenders are released to the jurisdiction that originally gained conviction and is overseeing their probation. This jurisdiction cannot legally deny them residency. Offenders that want to move outside that jurisdiction must obtain permission prior to moving and may be denied residency.
More often than not, offenders chose to live where their family or friends reside, where they are close to work or have easy access to it, or where they can find affordable housing. No government institution, including the Rochester Police Department, Olmsted County Probation, Department of Corrections, or the courts are steering offenders as to where to live.
At a Community Notification meeting, the public can expect to hear a presentation consisting of general facts about the Community Notification Law, statistics about sex offenders, and specific information about the sex offender moving into or already living in the community. The public will have an opportunity to ask a panel of criminal justice professionals questions, as well as be provided educational literature. The Rochester Police Department does everything it can to notify the community before an offender is released or relocates, however, this is not always possible.
In a case where an offender poses a severe risk to himself/herself and/or to the public, the Department of Corrections or a police department can petition to have an offender Civilly Committed, rather than releasing them into the general population.
Of the registered sex offenders in Rochester, the largest number of those (subject to Risk Level assignment) are Level I's. Level II sex offenders constitute the second largest number of offenders, with Level III's making up the smallest number.
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What happens if a sex offender doesn't register his or her address?
People convicted of felony level sex offenses, as of 1991, are required to register their home addresses, as well as other identifying information, with local law enforcement agencies. Sex offenders must do this upon release from prison, upon moving to Minnesota, anytime they move within Minnesota, and for 10 years or whenever their probation/parole ends (whichever is greater). Some offenders are subject to lifetime registration and offenders who work or attend school in Minnesota, regardless of whether or not they live here, must register here as well.
Failing to register ones address is considered a felony, and carries with it a mandatory minimum sentence of 1 year and 1 day in prison for a first offense. Subsequent registration violations carry additional prison time.
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