In re the Risk Level Determination of R.B.P.

Citations: 640 N.W.2d 351; 2002 Minn. App. LEXIS 261Docket: No. C4-01-808

Court: Court of Appeals of Minnesota; March 4, 2002; Minnesota; State Appellate Court

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Relator R.B.P. challenges the Administrative Law Judge's (ALJ) order upholding the End of Confinement Review Committee's (ECRC) classification of him as a risk level III. He argues that the ECRC exceeded its authority by assigning a risk level that is two levels higher than indicated by his Minnesota Sex Offender Screening Tool score, which suggested a risk level I, and that the evidence does not support a risk level III classification.

The relator's criminal history includes sexual offenses beginning at age 13, culminating in a series of serious crimes, including a 1983 rape for which he was convicted and incarcerated, and a 1992 attempted rape. Throughout his incarceration, he accumulated multiple misconduct charges and opted out of sex offender rehabilitation. After his release, he was again incarcerated for chemical abuse and had a history of violence and threats toward women, including admissions of physical abuse.

Despite a MnSOST-R score indicating a presumptive risk level I, a psychologist recommended a level II classification due to "special concerns" regarding his potential threat to the community. Ultimately, after additional considerations, the ECRC assigned him a risk level III. Following a hearing, the ALJ affirmed this classification, leading to the current legal challenge on grounds of statutory authority and evidentiary support for the risk level determination.

Statutory interpretation is reviewed de novo, but courts grant substantial deference to an administrative agency's interpretation of its own regulations. In cases where an agency's authority is questioned, the court independently reviews the enabling statute. This case pertains to the Sex Offender Community Notification Act, which mandates that an ECRC convene at least 90 days prior to an offender's release to assess the offender's risk level on a case-by-case basis. Offenders assigned risk levels II or III can seek administrative review of their assessments, bearing the burden of proof to show the assessment was erroneous.

The notification statute allows law enforcement to disclose relevant information about sex offenders to protect the public. The extent of disclosure varies by risk level: level I information is shared with law enforcement and victims, level II includes disclosures to schools and organizations serving potential victims, and level III may involve broader community notifications. The Department of Corrections utilizes the MnSOST-R risk assessment scale to evaluate offenders, where a score of 3 or lower indicates risk level I. The ECRC can modify this score based on additional concerns identified during the assessment process.

In this case, the relator received a score of 1 on the MnSOST-R but was assigned a risk level III due to several "special concerns." The relator contends that this assignment exceeded the ECRC's authority and violated its policies. However, the court finds that legislative intent must guide law interpretation, and all provisions of the law should be upheld to avoid absurd outcomes.

Minnesota courts have not clarified the extent of discretion the ECRC holds in assigning risk levels under the Sex Offender Community Notification Act. The Act does not prohibit the committee from exercising discretion or limit its considerations solely to the MnSOST-R score. The court rejects the relator’s assertion that the case of Matter of Risk Level Determination of C.M. restricts the ECRC’s discretion, noting that it pertains to individuals not proven to be sex offenders, unlike the relator, who is a convicted repeat offender with a MnSOST-R score that may not fully represent his situation. The statute emphasizes a case-by-case risk assessment, indicating legislative intent for the committee to have some discretion. The committee comprises professionals with expertise relevant to assessing sex offenders, suggesting that their role extends beyond mere numerical scoring to include subjective evaluations through offender interviews. Comparisons to similar statutes in New York and New Jersey reinforce this view; courts in those jurisdictions affirmed that risk assessment tools are not absolute and require subjective judgment. Thus, there remains a necessary evaluative component in determining an offender's risk of re-offense and classification.

Registrants may present subjective criteria that justify a court deviating from the tier classification suggested by the MnSOST-R score. Courts are not required to accept the numerical calculation blindly but should consider individual circumstances. The ECRC (End of Confinement Review Committee) has the discretion to assess an offender's risk level beyond the presumptive level indicated by the score. The ALJ (Administrative Law Judge) appropriately found that the ECRC did not exceed its authority by classifying the relator at a risk level two tiers higher than the presumptive level.

The ECRC's decision to assign the relator a risk level III was supported by several factors not reflected in the MnSOST-R score, including the relator's prior uncharged offenses involving child molestation and concerns about his sobriety, which was linked to his past criminal behavior. The committee highlighted the seriousness of the relator's offenses, including a violent home invasion and sexual assault, which demonstrated predatory behavior. The committee also raised doubts about the accuracy of the relator’s MnSOST-R score, citing evidence of assaults against multiple age groups that were not prosecuted due to lack of cooperation from victims’ families.

The relator's lack of respect for women, as indicated by his comments prior to release, coupled with the severity of his past crimes, warranted a higher risk classification. Consequently, the ALJ concluded that the ECRC acted within its discretion to require broader community notification and classify the relator as a risk level III, which was affirmed under the Sex Offender Community Notification Act.