OFFICE OF ADMINISTRATIVE HEARINGS - mn.gov

1 OAH 8-1100-35152 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE DEPARTMENT OF CORRECTIONS In the Matter of the Risk Level Determination of Jayson E. Beaudry ORDER ON MOTION FOR SUMMARY DISPOSITION This matter came before ADMINISTRATIVE Law Judge Eric L. Lipman upon the End-of-Confinement Review Committee s Motion for Summary Disposition. Michael Everson, Assistant Attorney General, appeared on behalf of the End-of-Confinement Review Committee of the Minnesota Department of Corrections (ECRC). Jayson E. Beaudry, the Petitioner, appeared on his own behalf and without counsel. On April 16, 2018, the ECRC filed a Motion for Summary Disposition. Mr. Beaudry was personally served with the motion on April 19, 2018. Mr. Beaudry did not file a response to the motion.

2 The record closed on May 3, 2018, the due date for Mr. Beaudry s response to the motion. Based upon the record and for the reasons set forth in the accompanying Memorandum, the ADMINISTRATIVE Law Judge makes the following: ORDER 1. The ECRC s Motion for Summary Disposition is GRANTED. 2. The appeal is DISMISSED. 3. Mr. Beaudry s assignment to Risk Level 3 is AFFIRMED. Dated: June 4, 2018 _____ ERIC L. LIPMAN ADMINISTRATIVE Law Judge [113465/1] 2 NOTICE Pursuant to Minn. Stat. , subd. 6(c) (2016), this Order is the final decision in this case. Any person aggrieved by this decision may seek judicial review pursuant to Minn. Stat. (2016). MEMORANDUM I. Petitioner s Background The Petitioner, Jayson Edwynn Beaudry, is a 40-year-old In 1997, when Mr.

3 Beaudry was 19 years of age, and a resident of Maine, he was convicted of gross sexual In that case, Mr. Beaudry provided marijuana to a 13-year-old girl and engaged in sexual intercourse with Mr. Beaudry was initially sentenced to probation for this misconduct, but that probation was later revoked, in 1999, following Mr. Beaudry s conviction for multiple counts of Burglary and Currently, Mr. Beaudry is incarcerated at the Minnesota Correctional Facility -Lino Lakes for a 2008 conviction for second-degree criminal sexual The conviction involved Mr. Beaudry having three girls, all of whom were between the ages of 13 to 14, over to his residence and providing them with alcohol and One of the girls, who was 13 years of age, reported that Mr.

4 Beaudry engaged in sexual intercourse with She reported that Mr. Beaudry had threatened to kill her, her family, and her pets if she reported the Mr. Beaudry was charged with first-degree, second-degree, and third-degree criminal sexual conduct, as well as three counts of providing alcohol to a He later pleaded guilty to second-degree criminal sexual conduct and received an 84-month prison In August 2009, Mr. Beaudry entered sex offender treatment at Minnesota Correctional Facility - Rush Mr. Beaudry participated in treatment for approximately one year before being terminated for missing treatment sessions, rule-breaking behavior and becoming significantly dysregulated during treatment Mr.

5 Beaudry returned to the treatment program about 90 days later, but was returned to 1 Ex. 1 (ECRC Packet) at 12. 2 Id. at 5-6, 436-450. 3 Id. at 436. 4 Id. at 266-67, 410. 5 Id. at 5, 8, 28-30, 381-382. 6 Id. at 382-83. 7 Id. at 383. 8 Id. at 383-384. 9 Id. at 5, 392-398. 10 Id. at 316, 387. 11 Id. at 316. 12 Id. at 266, 288. [113465/1] 3 earlier, pretreatment stages of the program after engaging in criminal acts and behavioral Mr. Beaudry rejoined the full-time treatment program in March 2011 and ultimately completed that program in November In May 2012, Mr. Beaudry appeared for his first ECRC A unanimous ECRC assigned Mr. Beaudry to Risk Level On October 8, 2012, Mr. Beaudry returned to the community on supervised In early February 2013, however, Mr.

6 Beaudry's supervised release was revoked after he accessed pornography on his cellular telephone in violation of the conditions of his supervised Mr. Beaudry was returned to prison and did not resume his supervised release in the community until April In late April 2014, Mr. Beaudry's supervised release was again revoked after he went to his minor daughter's school, while school was in session, without first obtaining his agent s permission to make such a visit. The conditions of his supervised release prohibited Mr. Beaudry from having contact with Mr. Beaudry reentered prison-based sex offender treatment in late April 2014, and successfully completed the treatment program in early September During the course of this treatment program, Mr.

7 Beaudry acknowledged that he had sexually abused his two minor daughters and was never charged criminally for this On the same day as his discharge from the treatment program, Mr. Beaudry was again released to the In July 2015, Mr. Beaudry's supervised release was revoked for 545 days after police found Mr. Beaudry at the residence of his two minor Mr. Beaudry participated in sex offender treatment at Minnesota Correctional Facility - Rush City beginning in August While enrolled in this program, Mr. Beaudry was again returned to the pre-treatment phase of the program because of misconduct. Mr. Beaudry had altered a shirt, pillow and towel to look like a child and his design appeared to function as a homemade sex doll. 26 13 Id.

8 At 231, 266, 288. 14 Id. at 229-231. 15 Id. at 185-186. 16 Id. at 186. 17 Id. at 168. 18 Id. 19 Id. at 155. 20 Id. at 163. 21 Id. at 130. 22 Id. at 112. 23 Id. at 121, 130. 24 Id. at 122. 25 Id. at 99. 26 Id. at 63, 78. [113465/1] 4 On November 9, 2017, an ECRC maintained Mr. Beaudry s assignment to Risk Level He was released from prison on December 14, On January 2, 2018, Mr. Beaudry again violated the terms of his supervised Specifically, Mr. Beaudry used a roommate's cellular phone to access sexually explicit material and social media Mr. Beaudry used social media to meet and communicate with women, and also accessed a significant number of sexually explicit [web]sites in a short period of time.

9 31 The sexually explicit websites included themes such as incest, midgets, rape, and teen. 32 As a result of this misconduct, Mr. Beaudry's supervised release was again revoked and he was returned to prison for a period of 90 During his most recent period of incarceration he has engaged in rule-breaking behavior that resulted in four transfers to ADMINISTRATIVE segregation within the II. The Minnesota Community Notification Act Persons who commit certain criminal offenses defined by statute as predatory offenses are considered predatory offenders subject to registration with local law Predatory offenses include, but are not limited to, kidnapping, false imprisonment, criminal sexual conduct, and indecent Predatory offenders are subject to the Minnesota Community Notification Act (Act).

10 The Act requires law enforcement agencies in the area where a predatory offender resides, expects to reside, is employed, or is regularly found to disclose information that is relevant and necessary to protect the public and to counteract the offender s dangerousness. 37 The extent of the information that is disclosed, and the persons to whom disclosures are made, must relate to the level of danger posed by the offender, to the offender s pattern of offending behavior, and to the need of community members for information to enhance their individual and collective safety. 38 The scope of community notification required by the Act is determined by the assignment of the offender to one of the three different risk levels that are defined in statute.