HF 1048

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; requiring the 
  1.3             commissioner of corrections to notify additional 
  1.4             county attorneys when offenders who have been 
  1.5             determined to be appropriate subjects of civil 
  1.6             commitment petitions are nearing their release date; 
  1.7             amending Minnesota Statutes 1998, section 244.05, 
  1.8             subdivision 7. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 244.05, 
  1.11  subdivision 7, is amended to read: 
  1.12     Subd. 7.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 
  1.13  Before the commissioner releases from prison any inmate 
  1.14  convicted under sections 609.342 to 609.345 or sentenced as a 
  1.15  patterned offender under section 609.108, and determined by the 
  1.16  commissioner to be in a high risk category, the commissioner 
  1.17  shall make a preliminary determination whether, in the 
  1.18  commissioner's opinion, a petition under section 253B.185 may be 
  1.19  appropriate.  If the commissioner determines that a petition may 
  1.20  be appropriate, the commissioner shall forward this 
  1.21  determination, along with a summary of the reasons for the 
  1.22  determination, no later than 12 months before the inmate's 
  1.23  release date, to the county attorney in the county: 
  1.24     (1) where the inmate was convicted no later than 12 months 
  1.25  before the inmate's release date.; 
  1.26     (2) where the inmate resided at the time of the offense; 
  1.27  and 
  2.1      (3) where the inmate intends to reside upon release, if 
  2.2   known.  
  2.3      If the inmate is received for incarceration with fewer than 
  2.4   12 months remaining in the inmate's term of imprisonment, or if 
  2.5   the commissioner receives additional information less than 12 
  2.6   months before release which makes the inmate's case appropriate 
  2.7   for referral, the commissioner shall forward the determination 
  2.8   as soon as is practicable.  Upon receiving the commissioner's 
  2.9   preliminary determination, the county attorney attorneys shall 
  2.10  proceed in the manner provided in section 253B.185.  The 
  2.11  commissioner shall release to the county attorney attorneys all 
  2.12  requested documentation maintained by the department.