Sunday, August 30, 2009

If You Enter the State, Even In Custody, You Are Subject to the Predatory Registration Statute.

image In the Matter of the Risk Level Determination of G.G., Minn.Ct.App., 8/25/2009.  The Wabasha County Attorney charged G.G. with various crimes; at the time G.G. was serving a prison sentence over in Wisconsin.  Because it was a sex crime G.G. was required to register in Wisconsin as a predatory offender.  After a while, Wisconsin sent G.G. over to Minnesota to take care of the Wabasha County charges; G.G. spent about three weeks in the local jail and then returned to Wisconsin.

The Department of Corrections determined that G.G. was also required to register as a predatory offender in Minnesota.  G.G. took issue with this, saying that he had not entered Minnesota and remained for 14 days or longer.  Minn.Stat. 243.166, subd. 1b(b)(2).  G.G. said that entry only counts when it’s volitional. The appellate court concedes that the statutory text is ambiguous so it gets to look at the purpose of the registration statute.  That clinches it; G.G. has to register even when he’s hauled over in handcuffs.

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