In Re the Risk Level Determination of G.G.

771 N.W.2d 64, 2009 Minn. App. LEXIS 164, 2009 WL 2596046
CourtCourt of Appeals of Minnesota
DecidedAugust 25, 2009
DocketA09-0007
StatusPublished

This text of 771 N.W.2d 64 (In Re the Risk Level Determination of G.G.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Risk Level Determination of G.G., 771 N.W.2d 64, 2009 Minn. App. LEXIS 164, 2009 WL 2596046 (Mich. Ct. App. 2009).

Opinion

OPINION

SCHELLHAS, Judge.

By writ of certiorari, relator challenges the determination of the Minnesota Department of Corrections (DOC) that relator is required to register as a predatory offender and that an end-of-confinement review committee (ECRC) has authority to assign relator a risk level. Because relator entered and remained in Minnesota for more than 14 days when he was brought from a Wisconsin prison to a Minnesota jail, we conclude that relator is required to register as a predatory offender. But because relator was not “about to be released from confinement,” we conclude that the ECRC had no authority to assign him a risk level.

FACTS

In August 2006, relator G.G. and a friend stole dirt bikes and a truck in Wa-basha County, Minnesota. As a result, Wabasha County charged relator with third-degree burglary, two counts of felony theft, and felony conspiracy to commit theft. At the time that relator committed the offense in Minnesota, he was serving a five-year extended-supervision term in Wisconsin for third-degree sexual assault, after having a sexual relationship with a 15-year-old girl. Relator was also required to comply with Wisconsin’s Sex Offender Registry. He had previously pleaded guilty in Wisconsin to fourth-degree sexual assault after having a sexual relationship with a 17-year-old girl and impregnating her, while relator was residing with her family. And as a juvenile, relator penetrated his five-year-old cousin anally with his penis, was charged with first-degree sexual assault of a child, and was adjudicated delinquent in Wisconsin. Relator’s extended supervision in Wisconsin was revoked, and he was imprisoned in Wisconsin with a provisional expiration date in 2011.

In January 2008, the Wisconsin Department of Corrections allowed relator to be transported to the Goodhue County jail in Red Wing, Minnesota, to resolve Wabasha County charges. Relator pleaded guilty to aiding and abetting third-degree burglary, and the Wabasha County District Court imposed a sentence of 83 months’ imprisonment, with jail credit for 518 days of time served. The district court committed relator to the custody of the DOC and returned him to a Wisconsin prison to serve both his Minnesota and Wisconsin sentences under a dual commitment. Relator spent just over three weeks in Minnesota before he was returned to Wisconsin.

Relator was still incarcerated in Wisconsin when he became eligible for supervised release on his Minnesota prison sentence. At that time, relator met the definition of a “predatory offender” under Minnesota law because of his prior offenses. The DOC determined that relator was required to register in Minnesota as a predatory offender and receive a risk-level assignment. In April 2008, in advance of relator’s supervised-release date, the ECRC at the St. Cloud correctional facility convened to determine relator’s risk level. Relator appeared by telephone at this meeting, was represented by counsel, and stated that he had no plans to return to Minnesota after his release from prison in Wisconsin. Relator’s counsel argued that relator was being assigned a risk level prematurely, because he was not confined to a Minnesota correctional facility. The ECRC nevertheless assigned relator a predatory-offender risk level of II.

*67 Relator appealed the DOC’s risk-level determination to an administrative-law judge (ALJ), arguing that he should not have been required to register as a predatory offender because the time he spent in jail in Goodhue County was due solely to state action and not his own volition. Relator also argued that the ECRC did not have authority to assign him a risk level because he was never incarcerated in a Minnesota correctional facility. The ALJ upheld the DOC’s determination, and relator appeals by writ of certiorari.

ISSUES
I. Is a predatory offender required to register under Minn.Stat. § 243.166, subd. lb(b)(2), if he enters and remains in Minnesota as a result of state action rather than his own volition?
II. Does the DOC have authority under Minn.Stat. § 244.052, subd. 3(a), to assign a risk level to a predatory offender who was never confined in a Minnesota correctional facility or treatment center?

ANALYSIS

I

Relator argues that he was not required to register as a predatory offender under Minn.Stat. § 243.166, subd. lb(b)(2). Questions of statutory interpretation are reviewed de novo. In re Risk Level Determination of C.M., 578 N.W.2d 391, 395 (Minn.App.1998). The object of statutory interpretation is “to ascertain and effectuate the intention of the legislature.” Minn.Stat. § 645.16 (2008).

A predatory offender must register if that person “enters this state and remains for 14 days or longer.” Minn.Stat. § 243.166, subd. lb(b)(2). Here, the ALJ concluded that relator “clearly entered Minnesota and remained for more than 14 days when he was present in the Goodhue County Jail and sentenced on his Minnesota crimes.” Relator argues that he did not “enter” Minnesota when he was brought to the Goodhue County jail because his presence in Minnesota at that time was the result of state action rather than his own volitional action.

Relator argues that the word “enters,” as used in section 243.166, subdivision lb(b)(2), implies volition. Section 234.166 does not define “enters.” When words and phrases lack express statutory definition, they “are construed ... according to their common and approved usage.” Minn.Stat. § 645.08(1) (2008). “Enter” is defined as “[t]o come or go into.” The American Heritage Dictionary 436 (New College Edition 1999); see also Black’s Law Dictionary 552 (7th ed.1999) (defining “enter” as “[t]o come or go into”). The common definition of “enter” does not necessarily include an element of volition or intent. We conclude that “enter” is ambiguous in this respect and that the best rule for interpreting the word is to examine the “subject-matter, object, and purpose of the statute.” See In re Estate of Handy, 672 N.W.2d 214, 218 (Minn.App.2003) (quotation omitted) (determining that the word “reside” has not gained a generally accepted meaning and that therefore the statute and subject matter must be reviewed to determine if a statutory residence requirement was met), review denied (Minn. Feb. 17, 2004).

The purpose of the sexual-predator registration statute has been described in consistent terms in caselaw, e.g., “to create an offender registry to assist law enforcement with investigations,” Boutin v. LaFleur, 591 N.W.2d 711, 717 (Minn.1999); “to monitor sex offenders released into the community,” State v. Lilleskov, 658 N.W.2d 904, 908 (Minn.App.2003); “to keep law *68 enforcement informed as to a predatory offender’s whereabouts,” Kaiser v. State, 641 N.W.2d 900

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Related

Weston v. McWilliams & Associates, Inc.
716 N.W.2d 634 (Supreme Court of Minnesota, 2006)
State v. Lilleskov
658 N.W.2d 904 (Court of Appeals of Minnesota, 2003)
Boutin v. LaFleur
591 N.W.2d 711 (Supreme Court of Minnesota, 1999)
Kaiser v. State
641 N.W.2d 900 (Supreme Court of Minnesota, 2002)
State v. Bluhm
676 N.W.2d 649 (Supreme Court of Minnesota, 2004)
Hyatt v. Anoka Police Department
691 N.W.2d 824 (Supreme Court of Minnesota, 2005)
In Re the Welfare of C.D.N.
559 N.W.2d 431 (Court of Appeals of Minnesota, 1997)
In Re Estate of Handy
672 N.W.2d 214 (Court of Appeals of Minnesota, 2003)
In re the Risk Level Determination of C.M.
578 N.W.2d 391 (Court of Appeals of Minnesota, 1998)
In re the Risk Level Determination of R.B.P.
640 N.W.2d 351 (Court of Appeals of Minnesota, 2002)
In re the Risk Level Determination of M.D.
766 N.W.2d 325 (Court of Appeals of Minnesota, 2009)

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Bluebook (online)
771 N.W.2d 64, 2009 Minn. App. LEXIS 164, 2009 WL 2596046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-risk-level-determination-of-gg-minnctapp-2009.