HF 2980

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 prevention and public safety; 
  1.3             increasing the statutory maximum sentences for sex and 
  1.4             sex-related offenses; providing for indeterminate 
  1.5             sentences with lifetime maximums for repeat sex and 
  1.6             sex-related offenses; streamlining the patterned and 
  1.7             predatory offender sentencing law; amending Minnesota 
  1.8             Statutes 2002, sections 244.05, subdivisions 4, 5; 
  1.9             609.108, subdivisions 1, 3; 609.109, subdivision 7; 
  1.10            609.341, by adding subdivisions; 609.342, subdivisions 
  1.11            2, 3; 609.343, subdivisions 2, 3; 609.344, 
  1.12            subdivisions 2, 3; 609.345, subdivisions 2, 3; 
  1.13            proposing coding for new law in Minnesota Statutes, 
  1.14            chapter 609; repealing Minnesota Statutes 2002, 
  1.15            section 609.108, subdivision 2.  
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  [LEGISLATIVE FINDINGS AND INTENT.] 
  1.18     The legislature finds that sex offenders pose a significant 
  1.19  public safety threat.  Based upon the harm they cause to their 
  1.20  victims and the community, psychological factors unique to their 
  1.21  makeup, and their future dangerousness, these types of offenders 
  1.22  merit long-term supervision and treatment more so than do other 
  1.23  types of criminal offenders.  The legislature further finds that 
  1.24  this type of supervision and treatment is best provided in a 
  1.25  correctional setting and that the costs associated with this is 
  1.26  an appropriate use of state resources.  
  1.27     It is the legislature's intent in enacting this act to 
  1.28  provide a flexible approach that allows dangerous sex offenders 
  1.29  to be incarcerated for longer periods of time than is currently 
  1.30  possible.  The legislature specifically intends that a sex 
  2.1   offender's future dangerousness be taken into consideration when 
  2.2   making sentencing and release decisions concerning the offender. 
  2.3      Sec. 2.  Minnesota Statutes 2002, section 244.05, 
  2.4   subdivision 4, is amended to read: 
  2.5      Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
  2.6   serving a mandatory life sentence under section 609.106 must not 
  2.7   be given supervised release under this section.  An inmate 
  2.8   serving a mandatory life sentence under section 609.185, clause 
  2.9   (1), (3), (5), or (6); or 609.109, subdivision 2a 3, must not be 
  2.10  given supervised release under this section without having 
  2.11  served a minimum term of 30 years.  An inmate serving a 
  2.12  mandatory life sentence under section 609.385 must not be given 
  2.13  supervised release under this section without having served a 
  2.14  minimum term of imprisonment of 17 years.  An inmate serving a 
  2.15  mandatory life sentence under section 609.342, subdivision 2, 
  2.16  paragraph (b); 609.343, subdivision 2, paragraph (b); 609.344, 
  2.17  subdivision 2, paragraph (b); 609.345, subdivision 2, paragraph 
  2.18  (b); or 609.3453, subdivision 2, paragraph (b), must not be 
  2.19  given supervised release under this section without having 
  2.20  served the minimum term of imprisonment specified by the court 
  2.21  in its sentence.  
  2.22     Sec. 3.  Minnesota Statutes 2002, section 244.05, 
  2.23  subdivision 5, is amended to read: 
  2.24     Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
  2.25  commissioner of corrections may, under rules promulgated by the 
  2.26  commissioner, give supervised release to an inmate serving a 
  2.27  mandatory life sentence under section 609.185, clause (1), (3), 
  2.28  (5), or (6); 609.109, subdivision 2a; 609.342, subdivision 2, 
  2.29  paragraph (b); 609.343, subdivision 2, paragraph (b); 609.344, 
  2.30  subdivision 2, paragraph (b); 609.345, subdivision 2, paragraph 
  2.31  (b); 609.3453, subdivision 2, paragraph (b); or 609.385 after 
  2.32  the inmate has served the minimum term of imprisonment specified 
  2.33  in subdivision 4. 
  2.34     (b) The commissioner shall require the preparation of a 
  2.35  community investigation report and shall consider the findings 
  2.36  of the report when making a supervised release decision under 
  3.1   this subdivision.  The report shall reflect the sentiment of the 
  3.2   various elements of the community toward the inmate, both at the 
  3.3   time of the offense and at the present time.  The report shall 
  3.4   include the views of the sentencing judge, the prosecutor, any 
  3.5   law enforcement personnel who may have been involved in the 
  3.6   case, and any successors to these individuals who may have 
  3.7   information relevant to the supervised release decision.  The 
  3.8   report shall also include the views of the victim and the 
  3.9   victim's family unless the victim or the victim's family chooses 
  3.10  not to participate. 
  3.11     (c) The commissioner shall make reasonable efforts to 
  3.12  notify the victim, in advance, of the time and place of the 
  3.13  inmate's supervised release review hearing.  The victim has a 
  3.14  right to submit an oral or written statement at the review 
  3.15  hearing.  The statement may summarize the harm suffered by the 
  3.16  victim as a result of the crime and give the victim's 
  3.17  recommendation on whether the inmate should be given supervised 
  3.18  release at this time.  The commissioner must consider the 
  3.19  victim's statement when making the supervised release decision. 
  3.20     (d) When considering whether to give supervised release to 
  3.21  an inmate serving a life sentence under section 609.342, 
  3.22  subdivision 2, paragraph (b); 609.343, subdivision 2, paragraph 
  3.23  (b); 609.344, subdivision 2, paragraph (b); 609.345, subdivision 
  3.24  2, paragraph (b); or 609.3453, subdivision 2, paragraph (b), the 
  3.25  commissioner shall consider, at a minimum, the following:  the 
  3.26  risk the inmate poses to the community if released, the inmate's 
  3.27  progress in treatment, the inmate's behavior while incarcerated, 
  3.28  psychological or other diagnostic evaluations of the inmate, the 
  3.29  inmate's criminal history, and any other relevant conduct of the 
  3.30  inmate while incarcerated or before incarceration.  
  3.31     (e) As used in this subdivision, "victim" means the 
  3.32  individual who suffered harm as a result of the inmate's crime 
  3.33  or, if the individual is deceased, the deceased's surviving 
  3.34  spouse or next of kin. 
  3.35     Sec. 4.  Minnesota Statutes 2002, section 609.108, 
  3.36  subdivision 1, is amended to read: 
  4.1      Subdivision 1.  [MANDATORY INCREASED SENTENCE.] (a) A court 
  4.2   shall commit a person to the commissioner of corrections for a 
  4.3   period of time that is not less than double the presumptive 
  4.4   sentence under the Sentencing Guidelines and not more than the 
  4.5   statutory maximum, or if the statutory maximum is less than 
  4.6   double the presumptive sentence, for a period of time that is 
  4.7   equal to the statutory maximum, if: 
  4.8      (1) the court is imposing an executed sentence, based on a 
  4.9   Sentencing Guidelines presumptive imprisonment sentence or a 
  4.10  dispositional departure for aggravating circumstances or a 
  4.11  mandatory minimum sentence, on a person convicted of committing 
  4.12  or attempting to commit a violation of section 609.342, 609.343, 
  4.13  609.344, or 609.345, or on a person convicted of committing or 
  4.14  attempting to commit any other crime listed in subdivision 3 if 
  4.15  it reasonably appears to the court that the crime was motivated 
  4.16  by the offender's sexual impulses or was part of a predatory 
  4.17  pattern of behavior that had criminal sexual conduct as its goal 
  4.18  609.3453; 
  4.19     (2) the court finds that the offender is a danger to public 
  4.20  safety; and 
  4.21     (3) the court finds that the offender needs long-term 
  4.22  treatment or supervision beyond the presumptive term of 
  4.23  imprisonment and supervised release.  The finding must be based 
  4.24  on a professional assessment by an examiner experienced in 
  4.25  evaluating sex offenders that concludes that the offender is a 
  4.26  patterned sex offender.  The assessment must contain the facts 
  4.27  upon which the conclusion is based, with reference to the 
  4.28  offense history of the offender or the severity of the current 
  4.29  offense, the social history of the offender, and the results of 
  4.30  an examination of the offender's mental status unless the 
  4.31  offender refuses to be examined.  The conclusion may not be 
  4.32  based on testing alone.  A patterned sex offender is one whose 
  4.33  criminal sexual behavior is so engrained that the risk of 
  4.34  reoffending is great without intensive psychotherapeutic 
  4.35  intervention or other long-term controls. 
  4.36     (b) The court shall consider imposing a sentence under this 
  5.1   section whenever a person is convicted of violating section 
  5.2   609.342 or 609.343. 
  5.3      Sec. 5.  Minnesota Statutes 2002, section 609.108, 
  5.4   subdivision 3, is amended to read: 
  5.5      Subd. 3.  [PREDATORY CRIME.] A predatory crime is a felony 
  5.6   violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 
  5.7   609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255, 
  5.8   609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, 
  5.9   or 609.582, subdivision 1. As used in this section, "predatory 
  5.10  crime" has the meaning given in section 609.341, subdivision 24. 
  5.11     Sec. 6.  Minnesota Statutes 2002, section 609.109, 
  5.12  subdivision 7, is amended to read: 
  5.13     Subd. 7.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
  5.14  Notwithstanding the statutory maximum sentence otherwise 
  5.15  applicable to the offense or any provision of the Sentencing 
  5.16  Guidelines, when a court sentences a person to prison for a 
  5.17  violation of section 609.342, 609.343, 609.344, or 609.345, or 
  5.18  609.3453, the court shall provide that after the person has 
  5.19  completed the sentence imposed, the commissioner of corrections 
  5.20  shall place the person on conditional release.  
  5.21     If the person was convicted for a violation of section 
  5.22  609.342, 609.343, 609.344, or 609.345, or 609.3453, the person 
  5.23  shall be placed on conditional release for five years, minus the 
  5.24  time the person served on supervised release.  
  5.25     If the person was convicted for a violation of one of those 
  5.26  sections after a previous and the violation is a second or 
  5.27  subsequent sex offense conviction as defined in section 609.341, 
  5.28  subdivision 5 23, or sentenced under subdivision 6 to a 
  5.29  mandatory departure, the person shall be placed on conditional 
  5.30  release for ten years, minus the time the person served on 
  5.31  supervised release. 
  5.32     (b) The conditions of release may include successful 
  5.33  completion of treatment and aftercare in a program approved by 
  5.34  the commissioner, satisfaction of the release conditions 
  5.35  specified in section 244.05, subdivision 6, and any other 
  5.36  conditions the commissioner considers appropriate.  If the 
  6.1   offender fails to meet any condition of release, the 
  6.2   commissioner may revoke the offender's conditional release and 
  6.3   order that the offender serve the remaining portion of the 
  6.4   conditional release term in prison.  The commissioner shall not 
  6.5   dismiss the offender from supervision before the conditional 
  6.6   release term expires. 
  6.7      Conditional release under this subdivision is governed by 
  6.8   provisions relating to supervised release, except as otherwise 
  6.9   provided in this subdivision, section 244.04, subdivision 1, or 
  6.10  244.05. 
  6.11     (c) The commissioner shall pay the cost of treatment of a 
  6.12  person released under this subdivision.  This section does not 
  6.13  require the commissioner to accept or retain an offender in a 
  6.14  treatment program. 
  6.15     Sec. 7.  Minnesota Statutes 2002, section 609.341, is 
  6.16  amended by adding a subdivision to read: 
  6.17     Subd. 22.  [SEX OFFENSE.] Except for section 609.3452, "sex 
  6.18  offense" means any violation of, or attempt to violate, section 
  6.19  609.342, 609.343, 609.344, 609.345, 609.3453, or any similar 
  6.20  statute of the United States, this state, or any other state.  
  6.21     Sec. 8.  Minnesota Statutes 2002, section 609.341, is 
  6.22  amended by adding a subdivision to read: 
  6.23     Subd. 23.  [SECOND OR SUBSEQUENT SEX OFFENSE.] "Second or 
  6.24  subsequent sex offense" means a sex offense for which the 
  6.25  offender is convicted or adjudicated delinquent after the 
  6.26  offender has already been convicted or adjudicated delinquent 
  6.27  for another sex offense in a separate behavioral incident, 
  6.28  regardless of when the behavioral incidents occurred.  
  6.29     Sec. 9.  Minnesota Statutes 2002, section 609.341, is 
  6.30  amended by adding a subdivision to read: 
  6.31     Subd. 24.  [PREDATORY CRIME.] "Predatory crime" means a 
  6.32  felony violation of section 609.185, 609.19, 609.195, 609.20, 
  6.33  609.205, 609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 
  6.34  609.255, 609.365, 609.498, 609.561, or 609.582, subdivision 1.  
  6.35     Sec. 10.  Minnesota Statutes 2002, section 609.342, 
  6.36  subdivision 2, is amended to read: 
  7.1      Subd. 2.  [PENALTY.] (a) Except as otherwise provided 
  7.2   in section 609.109 paragraph (b), a person convicted under 
  7.3   subdivision 1 may be sentenced to imprisonment for not more than 
  7.4   30 60 years or to a payment of a fine of not more than $40,000, 
  7.5   or both. 
  7.6      (b) Unless a longer mandatory minimum sentence is otherwise 
  7.7   required by law or the Sentencing Guidelines provide for a 
  7.8   longer presumptive executed sentence, the court shall presume 
  7.9   that an executed sentence of 144 months must be imposed on an 
  7.10  offender convicted of violating this section.  Sentencing a 
  7.11  person in a manner other than that described in this paragraph 
  7.12  is a departure from the Sentencing Guidelines.  
  7.13     (b) A person convicted under subdivision 1 of a second or 
  7.14  subsequent sex offense shall be sentenced to imprisonment for 
  7.15  life.  At the time of sentencing, the court shall specify a 
  7.16  minimum term of imprisonment that must be served before the 
  7.17  offender may be considered for supervised release.  
  7.18     Sec. 11.  Minnesota Statutes 2002, section 609.342, 
  7.19  subdivision 3, is amended to read: 
  7.20     Subd. 3.  [STAY.] Except when imprisonment is required 
  7.21  under section 609.109 subdivision 2, paragraph (b), if a person 
  7.22  is convicted under subdivision 1, clause (g), the court may stay 
  7.23  imposition or execution of the sentence if it finds that: 
  7.24     (a) a stay is in the best interest of the complainant or 
  7.25  the family unit; and 
  7.26     (b) a professional assessment indicates that the offender 
  7.27  has been accepted by and can respond to a treatment program. 
  7.28     If the court stays imposition or execution of sentence, it 
  7.29  shall include the following as conditions of probation: 
  7.30     (1) incarceration in a local jail or workhouse; 
  7.31     (2) a requirement that the offender complete a treatment 
  7.32  program; and 
  7.33     (3) a requirement that the offender have no unsupervised 
  7.34  contact with the complainant until the offender has successfully 
  7.35  completed the treatment program unless approved by the treatment 
  7.36  program and the supervising correctional agent.  
  8.1      Sec. 12.  Minnesota Statutes 2002, section 609.343, 
  8.2   subdivision 2, is amended to read: 
  8.3      Subd. 2.  [PENALTY.] (a) Except as otherwise provided 
  8.4   in section 609.109 paragraph (b), a person convicted under 
  8.5   subdivision 1 may be sentenced to imprisonment for not more than 
  8.6   25 60 years or to a payment of a fine of not more than $35,000, 
  8.7   or both. 
  8.8      (b) Unless a longer mandatory minimum sentence is otherwise 
  8.9   required by law or the Sentencing Guidelines provide for a 
  8.10  longer presumptive executed sentence, the court shall presume 
  8.11  that an executed sentence of 90 months must be imposed on an 
  8.12  offender convicted of violating subdivision 1, clause (c), (d), 
  8.13  (e), (f), or (h).  Sentencing a person in a manner other than 
  8.14  that described in this paragraph is a departure from the 
  8.15  Sentencing Guidelines.  
  8.16     (b) A person convicted under subdivision 1 of a second or 
  8.17  subsequent sex offense shall be sentenced to imprisonment for 
  8.18  life.  At the time of sentencing, the court shall specify a 
  8.19  minimum term of imprisonment that must be served before the 
  8.20  offender may be considered for supervised release. 
  8.21     Sec. 13.  Minnesota Statutes 2002, section 609.343, 
  8.22  subdivision 3, is amended to read: 
  8.23     Subd. 3.  [STAY.] Except when imprisonment is required 
  8.24  under section 609.109 subdivision 2, paragraph (b), if a person 
  8.25  is convicted under subdivision 1, clause (g), the court may stay 
  8.26  imposition or execution of the sentence if it finds that: 
  8.27     (a) a stay is in the best interest of the complainant or 
  8.28  the family unit; and 
  8.29     (b) a professional assessment indicates that the offender 
  8.30  has been accepted by and can respond to a treatment program. 
  8.31     If the court stays imposition or execution of sentence, it 
  8.32  shall include the following as conditions of probation: 
  8.33     (1) incarceration in a local jail or workhouse; 
  8.34     (2) a requirement that the offender complete a treatment 
  8.35  program; and 
  8.36     (3) a requirement that the offender have no unsupervised 
  9.1   contact with the complainant until the offender has successfully 
  9.2   completed the treatment program unless approved by the treatment 
  9.3   program and the supervising correctional agent.  
  9.4      Sec. 14.  Minnesota Statutes 2002, section 609.344, 
  9.5   subdivision 2, is amended to read: 
  9.6      Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
  9.7   paragraph (b), a person convicted under subdivision 1 may be 
  9.8   sentenced to imprisonment for not more than 15 60 years or to a 
  9.9   payment of a fine of not more than $30,000, or both. 
  9.10     (b) A person convicted under subdivision 1 of a second or 
  9.11  subsequent sex offense shall be sentenced to imprisonment for 
  9.12  life.  At the time of sentencing, the court shall specify a 
  9.13  minimum term of imprisonment that must be served before the 
  9.14  offender may be considered for supervised release.  
  9.15     Sec. 15.  Minnesota Statutes 2002, section 609.344, 
  9.16  subdivision 3, is amended to read: 
  9.17     Subd. 3.  [STAY.] Except when imprisonment is required 
  9.18  under section 609.109 subdivision 2, paragraph (b), if a person 
  9.19  is convicted under subdivision 1, clause (f), the court may stay 
  9.20  imposition or execution of the sentence if it finds that: 
  9.21     (a) a stay is in the best interest of the complainant or 
  9.22  the family unit; and 
  9.23     (b) a professional assessment indicates that the offender 
  9.24  has been accepted by and can respond to a treatment program. 
  9.25     If the court stays imposition or execution of sentence, it 
  9.26  shall include the following as conditions of probation: 
  9.27     (1) incarceration in a local jail or workhouse; 
  9.28     (2) a requirement that the offender complete a treatment 
  9.29  program; and 
  9.30     (3) a requirement that the offender have no unsupervised 
  9.31  contact with the complainant until the offender has successfully 
  9.32  completed the treatment program unless approved by the treatment 
  9.33  program and the supervising correctional agent.  
  9.34     Sec. 16.  Minnesota Statutes 2002, section 609.345, 
  9.35  subdivision 2, is amended to read: 
  9.36     Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
 10.1   paragraph (b), a person convicted under subdivision 1 may be 
 10.2   sentenced to imprisonment for not more than ten 60 years or to a 
 10.3   payment of a fine of not more than $20,000, or both. 
 10.4      (b) A person convicted under subdivision 1 of a second or 
 10.5   subsequent sex offense shall be sentenced to imprisonment for 
 10.6   life.  At the time of sentencing, the court shall specify a 
 10.7   minimum term of imprisonment that must be served before the 
 10.8   offender may be considered for supervised release.  
 10.9      Sec. 17.  Minnesota Statutes 2002, section 609.345, 
 10.10  subdivision 3, is amended to read: 
 10.11     Subd. 3.  [STAY.] Except when imprisonment is required 
 10.12  under section 609.109 subdivision 2, paragraph (b), if a person 
 10.13  is convicted under subdivision 1, clause (f), the court may stay 
 10.14  imposition or execution of the sentence if it finds that: 
 10.15     (a) a stay is in the best interest of the complainant or 
 10.16  the family unit; and 
 10.17     (b) a professional assessment indicates that the offender 
 10.18  has been accepted by and can respond to a treatment program. 
 10.19     If the court stays imposition or execution of sentence, it 
 10.20  shall include the following as conditions of probation: 
 10.21     (1) incarceration in a local jail or workhouse; 
 10.22     (2) a requirement that the offender complete a treatment 
 10.23  program; and 
 10.24     (3) a requirement that the offender have no unsupervised 
 10.25  contact with the complainant until the offender has successfully 
 10.26  completed the treatment program unless approved by the treatment 
 10.27  program and the supervising correctional agent. 
 10.28     Sec. 18.  [609.3453] [CRIMINAL SEXUAL CONDUCT IN THE SIXTH 
 10.29  DEGREE.] 
 10.30     Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
 10.31  criminal sexual conduct in the sixth degree if the person 
 10.32  commits a predatory crime that was motivated by the offender's 
 10.33  sexual impulses or was part of a predatory pattern of behavior 
 10.34  that had criminal sexual conduct as its goal.  
 10.35     Subd. 2.  [PENALTY.] (a) Except as provided in paragraph 
 10.36  (b), a person convicted under subdivision 1 may be sentenced to 
 11.1   imprisonment for not more than 60 years or to payment of a fine 
 11.2   of not more than $20,000, or both.  
 11.3      (b) A person convicted under subdivision 1 of a second or 
 11.4   subsequent sex offense shall be sentenced to imprisonment for 
 11.5   life.  At the time of sentencing, the court shall specify a 
 11.6   minimum term of imprisonment that must be served before the 
 11.7   offender may be considered for supervised release.  
 11.8      Sec. 19.  [REVISOR'S INSTRUCTION.] 
 11.9      The revisor of statutes shall renumber Minnesota Statutes, 
 11.10  section 609.3452, as Minnesota Statutes, section 609.3455 and 
 11.11  correct cross-references.  In addition, the revisor shall delete 
 11.12  the reference in Minnesota Statutes, section 13.871, subdivision 
 11.13  3, paragraph (d), to Minnesota Statutes, section 609.3452, and 
 11.14  insert a reference to Minnesota Statutes, section 609.3455.  
 11.15     Sec. 20.  [REPEALER.] 
 11.16     Minnesota Statutes 2002, section 609.108, subdivision 2, is 
 11.17  repealed. 
 11.18     Sec. 21.  [EFFECTIVE DATE.] 
 11.19     Sections 1 to 20 are effective August 1, 2004, and apply to 
 11.20  crimes committed on or after that date.