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08-22-2016 Council Packet
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08-22-2016 Council Packet
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of Minnesota actually have one. Second, and more important, there is no mention in the <br />statute of either Level II offenders or restrictions about living within 1,500 feet of school <br />zones. Instead, the statute, which was enacted in 1999, indicates that for offenders given a <br />Level III assignment, the End of Confinement Review Committee (ECRC) “shall determine <br />whether residency restrictions shall be included in the conditions of the offender’s release <br />based on the offender’s pattern of offending behavior” (Minnesota Statutes 2006, section <br />244.052, subdivision 3, paragraph [k]). Of the 224 sex offender recidivists examined in this <br />study, there were 22 who were released on or after July 1, 1999—the inception date for this <br />statute. Of the 22, only 2 were eligible for this provision in that they were given a Level III <br />assignment. The ECRC requested residency restrictions for 1 of the 2 offenders; however, <br />on further review of this particular offender’s release plan, residency restrictions were not <br />included in his conditions for release. As a result, not one of the offenders analyzed in this <br />study was subject to residency restrictions on release from prison.1 <br />The sex offenders examined here thus provide an ideal opportunity to assess the likelihood <br />of whether residency restrictions might have been effective in preventing the occurrence <br />of their sex reoffenses. This is accomplished by identifying whether these sexual recidivists <br />did, in fact, target children who lived in close proximity to their own residences. In closely <br />analyzing the spatial patterns of sexual reoffending among the 224 recidivists released from <br />Minnesota correctional facilities between 1990 and 2002, this study focuses on several key <br />questions. First, where did offenders initially establish contact with their victims, and where <br />did they commit the offense? Second, what were the physical distances between an offender’s <br />residence and both the offense and first contact locations? Finally, were other factors such <br />as victim–offender relationship, supervision status, use of alcohol or drugs, and use of force <br />associated with both residential proximity and the sexual reoffense? <br />METHOD <br />To address these questions, data were gathered on sex offenders who recidivated with a <br />new sex offense. Between 1990 and 2002, there were a total of 3,166 sex offenders released <br />from eight state correctional facilities in Minnesota.2 Of these offenders, 374 were rear- <br />rested for a new sex offense, 304 were reconvicted for a new sex crime, and 224 were rein- <br />carcerated for a new sex offense prior to January 1, 2006 (Minnesota Department of <br />Corrections, 2007). As a result, there were 70 offenders who were rearrested, but were not <br />reconvicted or reincarcerated, for a new sex offense, and 80 offenders who were reconvicted <br />of a new sex crime but were not reincarcerated. Because of the greater availability of data <br />on the offenders who returned to prison for a new sex crime, we did not examine the 70 <br />rearrests and 80 reconvictions that did not result in reincarceration. Instead, we focused our <br />analyses on the 224 sex offenders who were reincarcerated for a new sex offense. As a <br />result, our sample represents what are likely the most serious cases of sexual recidivism that <br />occurred in Minnesota between 1990 and 2005. <br />MEASURES <br />Several different sources of data were used to examine proximity: the criminal complaint <br />for the sexual reoffense, the pre-sentence investigation (PSI) report, the Statewide <br />488 CRIMINAL JUSTICE AND BEHAVIOR <br /> at University of British Columbia Library on April 27, 2010 http://cjb.sagepub.comDownloaded from
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