HF 2358

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; requiring level III sex offenders 
  1.3             to submit to polygraph tests while on conditional 
  1.4             release; amending Minnesota Statutes 2002, sections 
  1.5             244.05, subdivision 6; 609.108, subdivision 6; 
  1.6             609.109, subdivision 7. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 244.05, 
  1.9   subdivision 6, is amended to read: 
  1.10     Subd. 6.  [INTENSIVE SUPERVISED RELEASE.] The commissioner 
  1.11  may order that an inmate be placed on intensive supervised 
  1.12  release for all or part of the inmate's supervised release or 
  1.13  parole term if the commissioner determines that the action will 
  1.14  further the goals described in section 244.14, subdivision 1, 
  1.15  clauses (2), (3), and (4).  In addition, the commissioner may 
  1.16  order that an inmate be placed on intensive supervised release 
  1.17  for all of the inmate's conditional or supervised release term 
  1.18  if the inmate was convicted of a sex offense under sections 
  1.19  609.342 to 609.345 or was sentenced under the provisions of 
  1.20  section 609.108.  The commissioner shall order that all level 
  1.21  III sex offenders be placed on intensive supervised release for 
  1.22  the entire supervised release, conditional release, or parole 
  1.23  term.  As a condition of release, level III sex offenders must 
  1.24  submit to polygraph tests at the commissioner's request.  The 
  1.25  scope of the polygraph tests is limited to an offender's 
  1.26  conditions of release while on intensive supervised release.  
  2.1   The commissioner may impose appropriate conditions of release on 
  2.2   the inmate including but not limited to unannounced searches of 
  2.3   the inmate's person, vehicle, or premises by an intensive 
  2.4   supervision agent; compliance with court-ordered restitution, if 
  2.5   any; random drug testing; house arrest; daily curfews; frequent 
  2.6   face-to-face contacts with an assigned intensive supervision 
  2.7   agent; work, education, or treatment requirements; and 
  2.8   electronic surveillance.  In addition, any sex offender placed 
  2.9   on intensive supervised release may be ordered to participate in 
  2.10  an appropriate sex offender program as a condition of release.  
  2.11  If the inmate violates the conditions of the intensive 
  2.12  supervised release, the commissioner shall impose sanctions as 
  2.13  provided in subdivision 3 and section 609.108.  
  2.14     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  2.15  and applies to crimes committed on or after that date. 
  2.16     Sec. 2.  Minnesota Statutes 2002, section 609.108, 
  2.17  subdivision 6, is amended to read: 
  2.18     Subd. 6.  [CONDITIONAL RELEASE.] At the time of sentencing 
  2.19  under subdivision 1, the court shall provide that after the 
  2.20  offender has completed the sentence imposed, less any good time 
  2.21  earned by an offender whose crime was committed before August 1, 
  2.22  1993, the commissioner of corrections shall place the offender 
  2.23  on conditional release for the remainder of the statutory 
  2.24  maximum period, or for ten years, whichever is longer. 
  2.25     The conditions of release may include successful completion 
  2.26  of treatment and aftercare in a program approved by the 
  2.27  commissioner, satisfaction of the release conditions specified 
  2.28  in section 244.05, subdivision 6, and any other conditions the 
  2.29  commissioner considers appropriate.  For all level III sex 
  2.30  offenders, the commissioner shall require as a condition of 
  2.31  release that offenders submit to polygraph tests at the request 
  2.32  of the commissioner.  The scope of the polygraph tests is 
  2.33  limited to an offender's conditions of release while on 
  2.34  conditional release.  Before the offender is released, the 
  2.35  commissioner shall notify the sentencing court, the prosecutor 
  2.36  in the jurisdiction where the offender was sentenced, and the 
  3.1   victim of the offender's crime, where available, of the terms of 
  3.2   the offender's conditional release.  If the offender fails to 
  3.3   meet any condition of release, the commissioner may revoke the 
  3.4   offender's conditional release and order that the offender serve 
  3.5   all or a part of the remaining portion of the conditional 
  3.6   release term in prison.  The commissioner shall not dismiss the 
  3.7   offender from supervision before the conditional release term 
  3.8   expires. 
  3.9      Conditional release granted under this subdivision is 
  3.10  governed by provisions relating to supervised release, except as 
  3.11  otherwise provided in this subdivision, section 244.04, 
  3.12  subdivision 1, or 244.05. 
  3.13     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  3.14  and applies to crimes committed on or after that date. 
  3.15     Sec. 3.  Minnesota Statutes 2002, section 609.109, 
  3.16  subdivision 7, is amended to read: 
  3.17     Subd. 7.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
  3.18  Notwithstanding the statutory maximum sentence otherwise 
  3.19  applicable to the offense or any provision of the Sentencing 
  3.20  Guidelines, when a court sentences a person to prison for a 
  3.21  violation of section 609.342, 609.343, 609.344, or 609.345, the 
  3.22  court shall provide that after the person has completed the 
  3.23  sentence imposed, the commissioner of corrections shall place 
  3.24  the person on conditional release.  If the person was convicted 
  3.25  for a violation of section 609.342, 609.343, 609.344, or 
  3.26  609.345, the person shall be placed on conditional release for 
  3.27  five years, minus the time the person served on supervised 
  3.28  release.  If the person was convicted for a violation of one of 
  3.29  those sections after a previous sex offense conviction as 
  3.30  defined in subdivision 5, or sentenced under subdivision 6 to a 
  3.31  mandatory departure, the person shall be placed on conditional 
  3.32  release for ten years, minus the time the person served on 
  3.33  supervised release. 
  3.34     (b) The conditions of release may include successful 
  3.35  completion of treatment and aftercare in a program approved by 
  3.36  the commissioner, satisfaction of the release conditions 
  4.1   specified in section 244.05, subdivision 6, and any other 
  4.2   conditions the commissioner considers appropriate.  For all 
  4.3   level III sex offenders, the commissioner shall require as a 
  4.4   condition of release that offenders submit to polygraph tests at 
  4.5   the request of the commissioner.  The scope of the polygraph 
  4.6   tests is limited to an offender's conditions of release while on 
  4.7   conditional release.  If the offender fails to meet any 
  4.8   condition of release, the commissioner may revoke the offender's 
  4.9   conditional release and order that the offender serve the 
  4.10  remaining portion of the conditional release term in prison.  
  4.11  The commissioner shall not dismiss the offender from supervision 
  4.12  before the conditional release term expires. 
  4.13     Conditional release under this subdivision is governed by 
  4.14  provisions relating to supervised release, except as otherwise 
  4.15  provided in this subdivision, section 244.04, subdivision 1, or 
  4.16  244.05. 
  4.17     (c) The commissioner shall pay the cost of treatment of a 
  4.18  person released under this subdivision.  This section does not 
  4.19  require the commissioner to accept or retain an offender in a 
  4.20  treatment program. 
  4.21     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  4.22  and applies to crimes committed on or after that date.