HF 3598

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime; providing for a minimum presumptive executed sentence for
repeat sex offenders; amending Minnesota Statutes 2006, section 609.3455, by
adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 609.3455, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Presumptive executed sentence for repeat sex offenders. new text end

new text begin Except as
provided in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to
609.345 or 609.3453 within 15 years of a previous sex offense conviction, the court shall
commit the defendant to the commissioner of corrections for not less than three years, nor
more than the maximum sentence provided by law for the offense for which convicted,
notwithstanding the provisions of sections 242.19, 243.05, 609.11, 609.12, and 609.135.
The court may stay the execution of the sentence imposed under this subdivision only
if it finds that a professional assessment indicates the offender is accepted by and can
respond to treatment at a long-term inpatient program exclusively treating sex offenders
and approved by the commissioner of corrections. If the court stays the execution of a
sentence, it shall include the following as conditions of probation:
new text end

new text begin (1) incarceration in a local jail or workhouse; and
new text end

new text begin (2) a requirement that the offender successfully complete the treatment program and
aftercare as directed by the court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to all
crimes committed on or after that date.
new text end