Risk Level Status, On Which Term of Conditional Release is Determined, Is Not a Fact Required To Be Found By a Jury

State v. Ge Her, Minn.Ct.App., 3/10/2014.  Review Granted, 3/7/2014.  Mr. Her is required to register under the predatory offender laws for convictions of third degree criminal sexual conduct, conspiracy to commit the same, and doing all that for the benefit of a gang.  Upon his release from prison the release assessment committee determined that he was a risk level III offender.  The state subsequently charged Mr. Her will violating the registration requirements.  A jury convicted him of that offense.  Because of his risk level assignment the court tacked on a ten year conditional release term.

Mr. Her argued that the ten year conditional release term was unauthorized because it violated the rules of Apprendi and Blakely because the judge, not a jury found that he was a risk level III offender.  The court of appeals said, no, that this risk level determination was akin to a prior conviction the existence of which a judge can still determine as an exception to Apprendi and Blakely.