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<br />Minnesota Statutes 2003,244.052 <br /> <br />Page 9 of 10 <br /> <br />request for administrative review, the chair shall notify: (1) <br />the offender; (2) the victim or victims of the offender's <br />offense who have requested disclosure or their designee; (3) the <br />law enforcement agency that investigated the offender's crime of <br />conviction or, where relevant, the law enforcement agency having <br />primary jurisdiction where the offender was committed; (4) the <br />law enforcement agency having jurisdiction where the offender <br />expects to reside, providing that the release plan has been <br />approved by the hearings and release unit of the department of <br />corrections; and (5) any other individuals the chair may <br />select. The notice shall state the time and place of the <br />hearing. A request for a review hearing shall not interfere <br />with or delay the notification process under subdivision 4 or 5, <br />unless the administrative law judge orders otherwise for good <br />cause shown. <br /> <br />(b) An offender who requests a review hearing must be given <br />a reasonable opportunity to prepare for the hearing. The review <br />hearing shall be conducted on the record before an <br />administrative law judge. The review hearing shall be conducted <br />at the correctional facility in which the offender is currently <br />confined. If the offender no longer is incarcerated, the <br />administrative law judge shall determine the place where the <br />review hearing will be conducted. The offender has the burden <br />of proof to show, by a preponderance of the evidence, that the <br />end-of-confinernent review co~tteels risk assessment <br />determination was erroneous. The attorney general or a designee <br />shall defend the end-of-confinement review committee's <br />determination. The offender has the right to be present and be <br />represented by counsel at the hearing, to present evidence in <br />support of the offender's position, to call supporting witnesses <br />and to cross-examine witnesses testifying in support of the <br />committee's determination. Counsel for indigent offenders shall <br />be provided by the Legal Advocacy Project of the state public <br />defender's office. <br /> <br />(c) After the hearing is concluded, the administrative law <br />judge shall decide whether the end-of-confinement review <br />committee's risk assessment determination was erroneous and, <br />based on this decision, shall either uphold or modify the review <br />committee's determination. The judge's decision shall be in <br />writing and shall include the judgels reasons for the decision. <br />The judge's decision shall be final and a copy of it shall be <br />given to the offender, the victim, the law enforcement agency, <br />and the chair of the end-of-confinement review committee. <br /> <br />(d) The review hearing is subject to the contested case <br />provisions of chapter 14. <br /> <br />(e) The administrative law judge may seal any portion of <br />the record of the administrative review hearing to the extent <br />necessary to protect the identity of a victim of or witness to <br />the offender's offense. <br /> <br />Subd. 7. ImIIIunity from ~iabi~ity. (a) A state or <br />local agency or official, or a private organization or <br />individual authorized to act on behalf of a state or local <br />agency or official, is not criminally liable for disclosing or <br />failing to disclose information as permitted by this section. <br /> <br />http://www.revisor.1eg.state.mn.us/stats/244/052.html <br /> <br />4/9/2004 <br />