HF 6

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/09/2011 03:13pm

A bill for an act
relating to crime prevention; providing for indeterminate sentencing for certain
convicted sex offenders; proposing coding for new law in Minnesota Statutes,
chapter 609.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [609.3458] INDETERMINATE SENTENCE FOR PREDATORY SEX
OFFENDERS.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section:
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new text begin (1) "sex offense" means a violation of section 609.342, 609.343, 609.344, or 609.345;
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new text begin (2) "predatory sex offender" means a person who:
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new text begin (i) is unable to control the person's sexual impulses;
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new text begin (ii) is dangerous to other persons; and
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new text begin (iii) has a pattern of harmful sexual conduct; and
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new text begin (3) "harmful sexual conduct" means sexual conduct that creates a substantial
likelihood of serious physical or emotional harm to another.
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new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin A prosecuting attorney may charge a person under this
section when probable cause exists that the person:
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new text begin (1) committed a sex offense; and
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new text begin (2) is a predatory sex offender.
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new text begin Subd. 3. new text end

new text begin Procedures. new text end

new text begin A person subject to prosecution under this section shall have
a bifurcated trial. The first phase of the trial shall determine the person's guilt on the sex
offense charge. If the person is found guilty of the sex offense, the second phase of the
trial shall determine whether the person is a predatory sex offender. In both phases of the
trial, the burden of proof is on the state and the standard of proof is beyond a reasonable
doubt. A person charged under this section has all of the rights of a criminal defendant in
both phases of the trial.
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new text begin Subd. 4. new text end

new text begin Indeterminate sentence; minimum and maximum term specified. new text end

new text begin (a) A
person convicted of a sex offense who has been found by the fact finder to be a predatory
sex offender shall be committed to the custody of the commissioner of corrections for the
term required by paragraph (b).
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new text begin (b) The minimum sentence of incarceration for offenders sentenced under paragraph
(a) shall be twice the presumptive sentence under the sentencing guidelines for a person
with the offender's criminal history. When the sentencing guidelines presume a stayed
sentence for the sex offense, the court shall specify a minimum sentence. Notwithstanding
any law to the contrary and the statutory maximum sentence for the offense, the maximum
sentence is 60 years.
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new text begin (c) A person sentenced under this section and subsequently released shall be placed
on conditional release as provided for in subdivision 9.
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new text begin (d) Notwithstanding section 609.135, the court may not stay the imposition or
execution of the sentence required by this subdivision. An offender committed to the
custody of the commissioner of corrections under this section may not be released from
incarceration except as provided in this section and section 244.05, subdivision 8.
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new text begin Subd. 5. new text end

new text begin Sentence of persons not found to be predatory sex offenders. new text end

new text begin If the
person is convicted of the sex offense but is not determined to be a predatory sex offender,
the court shall sentence the offender as otherwise provided by law.
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new text begin Subd. 6. new text end

new text begin Release authority. new text end

new text begin The commissioner of corrections, under rules
promulgated by the commissioner, may grant supervised release to offenders sentenced
under this section.
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new text begin Subd. 7. new text end

new text begin Petition for release, hearing. new text end

new text begin (a) A person who has served the minimum
period of incarceration to which the person was sentenced may petition the commissioner
of corrections for release. The commissioner shall hold a hearing on each petition
for release prior to making any determination. Within 45 days of the hearing, the
commissioner shall give written notice of the time and place of the hearing to all interested
parties, including the petitioner, the sentencing court, the county attorney's office that
prosecuted the case, and any victims of the crime who requested notification. The hearing
must be held on the record. Upon the approval of the commissioner, the petitioner may
subpoena witnesses to appear at the hearing.
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new text begin (b) If the commissioner determines the person satisfies the criteria for conditional
release, the commissioner shall release the person from incarceration no later than 14
days after making a determination.
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new text begin (c) If the commissioner rejects the person's petition for release, the commissioner
must specify in writing the reasons for the rejection. The person may not petition for
release again until 24 months have elapsed since the rejection, unless the commissioner
specifies a shorter time period.
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new text begin Subd. 8. new text end

new text begin Criteria for release. new text end

new text begin (a) A person sentenced under this section shall not
be released from incarceration unless it appears to the satisfaction of the commissioner
that the person:
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new text begin (1) no longer poses a threat to the public;
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new text begin (2) is no longer in need of programming in a secure facility; and
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new text begin (3) is capable of reintegration with the general public.
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new text begin (b) The person seeking release has the burden of showing, by clear and convincing
evidence, that the criteria in paragraph (a) have been met.
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new text begin Subd. 9. new text end

new text begin Conditional release. new text end

new text begin (a) A person sentenced under this section shall serve,
upon release from incarceration, a conditional release term. The conditional release term
shall be the 60-year maximum term under this section less the amount of time actually
served, but the term cannot be less than ten years.
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new text begin (b) The commissioner of corrections shall establish the conditions of release for a
person granted conditional release.
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new text begin (c) The county attorney in the county where the conviction occurred, the person's
conditional release agent, or any other interested party may file a petition with the court
alleging that the person failed to satisfy any condition of release. If the court determines
that a person has violated a condition of release, the court may order an appropriate
sanction, including, but not limited to, incarcerating the person for a period specified by
the court in a local or state correctional facility. The period may be of any duration up to
the remainder of time left in the person's conditional release term.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013, and applies to crimes
committed on or after that date.
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