1.1 CONFERENCE COMMITTEE REPORT ON H.F. NO. 1261
1.2 A bill for an act
1.3 relating to the operation of state government;
1.4 continuing a task force on agency purchases from
1.5 correctional industries; requiring an annual report
1.6 from the department of corrections; providing
1.7 certification standards for juvenile facilities;
1.8 requiring standards for chemical dependency treatment
1.9 programs; requiring the commissioner of corrections to
1.10 establish a health care peer review committee;
1.11 requiring commissioner of corrections to contract with
1.12 commissioner of human services for background studies
1.13 of individuals providing services in certain
1.14 facilities; removing certain obsolete provisions in
1.15 correction law; clarifying responsibilities and
1.16 updating language in law governing correctional
1.17 psychiatric unit; authorizing a corrections agent to
1.18 request a review of an offender's risk level based on
1.19 offender behavior in the community; providing for
1.20 investigation of deaths occurring in correctional
1.21 facilities; requiring judges to determine if offenders
1.22 are eligible for challenge incarceration programs
1.23 based upon correctional department criteria; defining
1.24 criminal sexual conduct to include certain employees
1.25 working in correctional facilities; requiring
1.26 mandatory sex offender assessments for repeat
1.27 offenders; providing that human immunodeficiency virus
1.28 testing data of sex offenders to be maintained in
1.29 correctional medical records; amending Minnesota
1.30 Statutes 2000, sections 16B.181, subdivision 2;
1.31 241.016, subdivision 1; 241.018; 241.021, subdivisions
1.32 1, 4, 4a, 6, by adding a subdivision; 241.67,
1.33 subdivision 8; 241.69; 242.32, subdivision 1a; 243.05,
1.34 subdivision 6; 243.51, subdivision 2; 243.53,
1.35 subdivision 1; 244.052, subdivision 3; 244.17,
1.36 subdivision 1; 244.173; 390.11, subdivision 1, by
1.37 adding a subdivision; 390.32, by adding a subdivision;
1.38 609.105, by adding a subdivision; 609.341, subdivision
1.39 11; 609.344, subdivision 1; 609.345, subdivision 1;
1.40 609.3452, subdivision 1, by adding subdivisions;
1.41 611A.19; Laws 1996, chapter 463, section 16,
1.42 subdivision 3, as amended; repealing Minnesota
1.43 Statutes 2000, sections 241.016, subdivision 2;
1.44 241.018; 241.19; 241.272, subdivision 7; 242.51.
2.1 May 18, 2001
2.2 The Honorable Steve Sviggum
2.3 Speaker of the House of Representatives
2.5 The Honorable Don Samuelson
2.6 President of the Senate
2.8 We, the undersigned conferees for H.F. No. 1261, report
2.9 that we have agreed upon the items in dispute and recommend as
2.10 follows:
2.11
2.12 That the House concur in the Senate amendments and that
2.13 H.F. No. 1261 be further amended as follows:
2.14 Delete everything after the enacting clause and insert:
2.15 "Section 1. Minnesota Statutes 2000, section 16B.181,
2.16 subdivision 2, is amended to read:
2.17 Subd. 2. [PUBLIC ENTITIES; PURCHASES FROM CORRECTIONS
2.18 INDUSTRIES.] (a) The commissioner of corrections, in
2.19 consultation with the commissioner of administration, shall
2.20 prepare updated lists of the items available for purchase from
2.21 department of corrections industries and annually forward a copy
2.22 of the most recent list to all public entities within the
2.23 state. A public entity that is supported in whole or in part
2.24 with funds from the state treasury may purchase items directly
2.25 from corrections industries. The bid solicitation process is
2.26 not required for these purchases.
2.27 (b) The commissioner of administration shall develop a
2.28 contract or contracts to enable public entities to purchase
2.29 items directly from corrections industries. The commissioner of
2.30 administration, in consultation with the commissioner of
2.31 corrections, shall determine the fair market price for listed
2.32 items. The commissioner of administration shall require that
2.33 all requests for bids or proposals, for items provided by
2.34 corrections industries, be forwarded to the commissioner of
2.35 corrections to enable corrections industries to submit bids.
2.36 The commissioner of corrections shall consult with the
2.37 commissioner of administration prior to introducing new products
2.38 to the state agency market.
2.39 (c) No public entity may evade the intent of this section
3.1 by adopting slight variations in specifications, when Minnesota
3.2 corrections industry items meet the reasonable needs and
3.3 specifications of the public entity.
3.4 (d) The commissioners of administration and corrections
3.5 shall develop annual performance measures outlining goals to
3.6 maximize inmate work program participation. The commissioners
3.7 of administration and corrections shall appoint cochairs for a
3.8 task force whose purpose is to determine additional methods to
3.9 achieve the performance goals for public entity purchasing. The
3.10 task force shall include representatives from the Minnesota
3.11 house of representatives, Minnesota senate, the Minnesota state
3.12 colleges and universities, University of Minnesota, Minnesota
3.13 League of Cities, Minnesota Association of Counties, and
3.14 administrators with purchasing responsibilities from the
3.15 Minnesota state departments of corrections, public safety,
3.16 finance, transportation, natural resources, human services,
3.17 health, and economic security. Notwithstanding section 15.059,
3.18 the task force created in this paragraph expires on June 30,
3.19 2003.
3.20 (e) If performance goals for public entity purchasing are
3.21 not achieved in two consecutive fiscal years, public entities
3.22 shall purchase items available from corrections industries. The
3.23 commissioner of administration shall be responsible for
3.24 notifying public entities of this requirement.
3.25 Sec. 2. Minnesota Statutes 2000, section 241.016,
3.26 subdivision 1, is amended to read:
3.27 Subdivision 1. [ANNUAL REPORT.] (a) Notwithstanding
3.28 section 15.91, The department of corrections shall issue submit
3.29 a performance report by November 30 of each year to the chairs
3.30 and ranking minority members of the senate and house committees
3.31 and divisions having jurisdiction over criminal justice funding
3.32 by January 15 of each year. The issuance and content of the
3.33 report must conform with section 15.91. include the following:
3.34 (1) department strategic mission, goals, and objectives;
3.35 (2) the department-wide per diem, adult facility-specific
3.36 per diems, and an average per diem, reported in a standard
4.1 calculated method as outlined in the departmental policies and
4.2 procedures; and
4.3 (3) department annual statistics as outlined in the
4.4 departmental policies and procedures.
4.5 (b) The department shall maintain recidivism rates for
4.6 adult facilities on an annual basis. In addition, each year the
4.7 department shall, on an alternating basis, complete a recidivism
4.8 analysis of adult facilities, juvenile services, and the
4.9 community services divisions and include a three-year recidivism
4.10 analysis in the report described in paragraph (a). When
4.11 appropriate, the recidivism analysis must include education
4.12 programs, vocational programs, treatment programs, industry, and
4.13 employment.
4.14 Sec. 3. Minnesota Statutes 2000, section 241.018, is
4.15 amended to read:
4.16 241.018 [PER DIEM CALCULATION.]
4.17 (a) The commissioner of corrections shall develop a uniform
4.18 method to calculate the average department-wide per diem cost of
4.19 incarcerating offenders at state adult correctional facilities.
4.20 In addition to other costs currently factored into the per diem,
4.21 it must include an appropriate percentage of capitol costs for
4.22 all adult correctional facilities and 65 percent of the
4.23 department's management services budget.
4.24 (b) The commissioner also shall use this method of
4.25 calculating per diem costs for offenders in each state adult
4.26 correctional facility. When calculating the per diem cost of
4.27 incarcerating offenders at a particular facility, the
4.28 commissioner shall include an appropriate percentage of capital
4.29 costs for the facility and an appropriate prorated amount, given
4.30 the facility's population, of 65 percent of the department's
4.31 management services budget.
4.32 (c) The commissioner shall ensure that these new per diem
4.33 methods are used in all future instances in which per diem
4.34 charges are reported annual performance reports to the
4.35 legislature and are also reflected in the department's biennial
4.36 budget document.
5.1 (d) The commissioner shall report information related to
5.2 these per diems to the chairs and ranking minority members of
5.3 the senate and house committees and divisions having
5.4 jurisdiction over criminal justice funding by January 15, 2001.
5.5 Sec. 4. Minnesota Statutes 2000, section 241.021,
5.6 subdivision 1, is amended to read:
5.7 Subdivision 1. [SUPERVISION OVER CORRECTIONAL
5.8 INSTITUTIONS.] (1) (a) Except as provided in paragraph (b), the
5.9 commissioner of corrections shall inspect and license all
5.10 correctional facilities throughout the state, whether public or
5.11 private, established and operated for the detention and
5.12 confinement of persons detained or confined therein according to
5.13 law except to the extent that they are inspected or licensed by
5.14 other state regulating agencies. The commissioner shall
5.15 promulgate pursuant to chapter 14, rules establishing minimum
5.16 standards for these facilities with respect to their management,
5.17 operation, physical condition, and the security, safety, health,
5.18 treatment, and discipline of persons detained or confined
5.19 therein. Commencing September 1, 1980, no individual,
5.20 corporation, partnership, voluntary association, or other
5.21 private organization legally responsible for the operation of a
5.22 correctional facility may operate the facility unless licensed
5.23 by the commissioner of corrections. The commissioner shall
5.24 review the correctional facilities described in this subdivision
5.25 at least once every biennium, except as otherwise provided
5.26 herein, to determine compliance with the minimum standards
5.27 established pursuant to this subdivision. The commissioner
5.28 shall grant a license to any facility found to conform to
5.29 minimum standards or to any facility which, in the
5.30 commissioner's judgment, is making satisfactory progress toward
5.31 substantial conformity and the interests and well-being of the
5.32 persons detained or confined therein are protected. The
5.33 commissioner may grant licensure up to two years. The
5.34 commissioner shall have access to the buildings, grounds, books,
5.35 records, staff, and to persons detained or confined in these
5.36 facilities. The commissioner may require the officers in charge
6.1 of these facilities to furnish all information and statistics
6.2 the commissioner deems necessary, at a time and place designated
6.3 by the commissioner. The commissioner may require that any or
6.4 all such information be provided through the department of
6.5 corrections detention information system. The education program
6.6 offered in a correctional facility for the detention or
6.7 confinement of juvenile offenders must be approved by the
6.8 commissioner of children, families, and learning before the
6.9 commissioner of corrections may grant a license to the facility.
6.10 (b) For juvenile facilities licensed by the commissioner of
6.11 human services, the commissioner may inspect and certify
6.12 programs based on certification standards set forth in Minnesota
6.13 Rules. For the purpose of this paragraph, "certification" has
6.14 the meaning given it in section 245A.02.
6.15 (2) (c) Any state agency which regulates, inspects, or
6.16 licenses certain aspects of correctional facilities shall,
6.17 insofar as is possible, ensure that the minimum standards it
6.18 requires are substantially the same as those required by other
6.19 state agencies which regulate, inspect, or license the same
6.20 aspects of similar types of correctional facilities, although at
6.21 different correctional facilities.
6.22 (3) (d) Nothing in this section shall be construed to limit
6.23 the commissioner of corrections' authority to promulgate rules
6.24 establishing standards of eligibility for counties to receive
6.25 funds under sections 401.01 to 401.16, or to require counties to
6.26 comply with operating standards the commissioner establishes as
6.27 a condition precedent for counties to receive that funding.
6.28 (4) (e) When the commissioner finds that any facility
6.29 described in clause (1) paragraph (a), except foster care
6.30 facilities for delinquent children and youth as provided in
6.31 subdivision 2, does not substantially conform to the minimum
6.32 standards established by the commissioner and is not making
6.33 satisfactory progress toward substantial conformance, the
6.34 commissioner shall promptly notify the chief executive officer
6.35 and the governing board of the facility of the deficiencies and
6.36 order that they be remedied within a reasonable period of time.
7.1 The commissioner may by written order restrict the use of any
7.2 facility which does not substantially conform to minimum
7.3 standards to prohibit the detention of any person therein for
7.4 more than 72 hours at one time. When, after due notice and
7.5 hearing, the commissioner finds that any facility described in
7.6 this subdivision, except county jails and lockups as provided in
7.7 sections 641.26, 642.10, and 642.11, does not conform to minimum
7.8 standards, or is not making satisfactory progress toward
7.9 substantial compliance therewith, the commissioner may issue an
7.10 order revoking the license of that facility. After revocation
7.11 of its license, that facility shall not be used until its
7.12 license is renewed. When the commissioner is satisfied that
7.13 satisfactory progress towards substantial compliance with
7.14 minimum standard is being made, the commissioner may, at the
7.15 request of the appropriate officials of the affected facility
7.16 supported by a written schedule for compliance, grant an
7.17 extension of time for a period not to exceed one year.
7.18 (5) (f) As used in this subdivision, "correctional facility"
7.19 means any facility, including a group home, having a residential
7.20 component, the primary purpose of which is to serve persons
7.21 placed therein by a court, court services department, parole
7.22 authority, or other correctional agency having dispositional
7.23 power over persons charged with, convicted, or adjudicated to be
7.24 guilty or delinquent.
7.25 Sec. 5. Minnesota Statutes 2000, section 241.021,
7.26 subdivision 4, is amended to read:
7.27 Subd. 4. [HEALTH CARE.] The commissioner of corrections
7.28 shall provide professional health care to persons confined in
7.29 institutions under the control of the commissioner of
7.30 corrections and pay the costs of their care in hospitals and
7.31 other medical facilities not under the control of the
7.32 commissioner of corrections, including the secure treatment unit
7.33 operated by the St. Paul - Ramsey Hospital. All reimbursements
7.34 for these health care services shall be deposited in the general
7.35 fund. The commissioner of corrections is authorized to contract
7.36 with entities, including health care management companies, to
8.1 provide health care to inmates. With respect to these
8.2 contracts, these entities shall not be regulated as, or
8.3 otherwise considered to be, health plan companies as defined in
8.4 section 62Q.01, subdivision 4.
8.5 Sec. 6. Minnesota Statutes 2000, section 241.021,
8.6 subdivision 4a, is amended to read:
8.7 Subd. 4a. [CHEMICAL DEPENDENCY TREATMENT PROGRAMS.] All
8.8 residential chemical dependency treatment programs operated by
8.9 the commissioner of corrections to treat adults and juveniles
8.10 committed to the commissioner's custody shall comply with the
8.11 standards mandated in Minnesota Rules, parts 9530.4100 to
8.12 9530.6500, or successor rule parts, for treatment programs
8.13 operated by community-based residential treatment facilities.
8.14 When the commissioners of corrections and human services agree
8.15 that these established standards for community-based programs
8.16 cannot reasonably apply to correctional facilities, alternative
8.17 equivalent standards shall be developed by the commissioners and
8.18 established through an interagency agreement.
8.19 Sec. 7. Minnesota Statutes 2000, section 241.021, is
8.20 amended by adding a subdivision to read:
8.21 Subd. 4b. [PEER REVIEW COMMITTEE.] The commissioner of
8.22 corrections shall establish a health care peer review committee.
8.23 Sections 145.61 to 145.67 apply to the committee. The committee
8.24 shall gather, review, and evaluate information relating to the
8.25 on-site and off-site quality of care and treatment of
8.26 offenders. The committee shall consist of:
8.27 (1) the director of health services;
8.28 (2) the department medical director;
8.29 (3) the regional medical director of the contracted health
8.30 care vendor;
8.31 (4) the department director of nursing;
8.32 (5) a physician from the contracting hospital provider; and
8.33 (6) another physician who provides health care to offenders
8.34 on site at a correctional facility.
8.35 Sec. 8. Minnesota Statutes 2000, section 241.021,
8.36 subdivision 6, is amended to read:
9.1 Subd. 6. [BACKGROUND STUDIES.] (a) The commissioner of
9.2 corrections is authorized to do background studies on personnel
9.3 employed by any facility serving children or youth that is
9.4 licensed under this section. The commissioner of corrections
9.5 shall contract with the commissioner of human services to
9.6 conduct background studies of individuals providing services in
9.7 secure and nonsecure residential facilities and detention
9.8 facilities who have direct contact, as defined under section
9.9 245A.04, subdivision 3, with persons served in the facilities.
9.10 A disqualification of an individual in this section shall
9.11 disqualify the individual from positions allowing direct contact
9.12 or access to persons and residents receiving services in
9.13 programs licensed by the departments of health and human
9.14 services.
9.15 (b) A clerk or administrator of any court, the bureau of
9.16 criminal apprehension, a prosecuting attorney, a county sheriff,
9.17 or a chief of a local police department, shall assist in these
9.18 studies by providing to the commissioner of human services, or
9.19 the commissioner's representative, all criminal conviction data
9.20 available from local, state, and national criminal history
9.21 record repositories, including the criminal justice data
9.22 communications network, pertaining to the following individuals:
9.23 applicants, operators, all persons living in the household, and
9.24 all staff of any facility subject to background studies under
9.25 this subdivision.
9.26 (c) The department of human services shall conduct the
9.27 background studies required by paragraph (a) in compliance with
9.28 the provisions of chapter 245A. For the purpose of this
9.29 subdivision, the term "secure and nonsecure residential facility
9.30 and detention facility" shall include programs licensed or
9.31 certified under subdivision 2. The department of human services
9.32 shall provide necessary forms and instructions, shall conduct
9.33 the necessary background studies of individuals, and shall
9.34 provide notification of the results of the studies to the
9.35 facilities, individuals, and the commissioner of corrections.
9.36 Individuals shall be disqualified under the provisions of
10.1 chapter 245A.
10.2 If an individual is disqualified, the department of human
10.3 services shall notify the facility and the individual and shall
10.4 inform the individual of the right to request a reconsideration
10.5 of the disqualification by submitting the request to the
10.6 department of corrections.
10.7 (d) The commissioner of corrections shall review and decide
10.8 reconsideration requests, including the granting of variances,
10.9 in accordance with the procedures and criteria contained in
10.10 chapter 245A. The commissioner's decision shall be provided to
10.11 the individual and to the department of human services. The
10.12 commissioner's decision to grant or deny a reconsideration of
10.13 disqualification is the final administrative agency action.
10.14 (e) Facilities described in paragraph (a) shall be
10.15 responsible for cooperating with the departments in implementing
10.16 the provisions of this subdivision. The responsibilities
10.17 imposed on applicants and licensees under chapter 245A shall
10.18 apply to these facilities. The provisions of section 245A.04,
10.19 subdivision 3, paragraph (e), shall apply to applicants,
10.20 licensees, and individuals.
10.21 Sec. 9. Minnesota Statutes 2000, section 241.67,
10.22 subdivision 8, is amended to read:
10.23 Subd. 8. [COMMUNITY-BASED SEX OFFENDER PROGRAM EVALUATION
10.24 PROJECT.] (a) For the purposes of this project, a sex offender
10.25 is an adult who has been convicted, or a juvenile who has been
10.26 adjudicated, for a sex offense or a sex-related offense which
10.27 would require registration under section 243.166.
10.28 (b) The commissioner shall develop a long-term project to
10.29 accomplish the following:
10.30 (1) provide follow-up information on each sex offender for
10.31 a period of three years following the offender's completion of
10.32 or termination from treatment;
10.33 (2) provide treatment programs in several geographical
10.34 areas in the state;
10.35 (3) provide the necessary data to form the basis to
10.36 recommend a fiscally sound plan to provide a coordinated
11.1 statewide system of effective sex offender treatment
11.2 programming; and
11.3 (4) provide an opportunity to local and regional
11.4 governments, agencies, and programs to establish models of sex
11.5 offender programs that are suited to the needs of that region.
11.6 (c) The commissioner shall provide the legislature with an
11.7 annual report of the data collected and the status of the
11.8 project by October 15 of each year, beginning in 1993.
11.9 (d) The commissioner shall establish an advisory task force
11.10 consisting of county probation officers from Community
11.11 Corrections Act counties and other counties, court services
11.12 providers, and other interested officials. The commissioner
11.13 shall consult with the task force concerning the establishment
11.14 and operation of the project.
11.15 Sec. 10. Minnesota Statutes 2000, section 241.69, is
11.16 amended to read:
11.17 241.69 [PSYCHIATRIC MENTAL HEALTH UNIT; ESTABLISHMENT.]
11.18 Subdivision 1. [AUTHORITY; RULES.] The commissioner of
11.19 corrections shall, in accordance with applicable rules and
11.20 standards prescribed by the departments department of health and
11.21 welfare human services, establish, staff, equip, maintain, and
11.22 operate at one of the adult correctional institutions under the
11.23 commissioner's control a psychiatric mental health unit for the
11.24 care and treatment of those inmates of state correctional
11.25 institutions who become mentally ill.
11.26 Subd. 2. [EXAMINATION.] When any person confined in an
11.27 adult correctional institution under the control of the
11.28 commissioner of corrections is alleged to be a mentally ill
11.29 person, the chief executive officer director of psychological
11.30 services, or warden or other person in charge of the institution
11.31 shall cause the person to be examined by a licensed physician
11.32 especially qualified in the diagnosis of mental illness, or, if
11.33 none is available, by any licensed physician or
11.34 licensed psychologist mental health professional available to
11.35 the institution.
11.36 Subd. 3. [TRANSFER.] If the examining physician or
12.1 psychologist licensed mental health professional finds the
12.2 person to be mentally ill and in need of short term care, the
12.3 examining physician health care professional may recommend
12.4 transfer by the commissioner of corrections to the psychiatric
12.5 mental health unit established pursuant to subdivision 1.
12.6 Subd. 4. [COMMITMENT.] If the examining physician health
12.7 care professional or psychologist licensed mental health
12.8 professional finds the person to be mentally ill and in need of
12.9 long term care in a hospital, or if an inmate transferred
12.10 pursuant to subdivision 3 refuses to voluntarily participate in
12.11 the treatment program at the psychiatric mental health unit, the
12.12 chief executive officer of director of psychological services of
12.13 the institution or other person in charge the mental health
12.14 professional shall initiate proceedings for judicial commitment
12.15 as provided in section 253B.07. Upon the recommendation of
12.16 the physician or psychologist licensed mental health
12.17 professional and upon completion of the hearing and
12.18 consideration of the record, the court may commit the person to
12.19 the psychiatric mental health unit established in subdivision 1
12.20 or to another hospital. A person confined in a state
12.21 correctional institution for adults who has been adjudicated to
12.22 be mentally ill and in need of treatment may be committed to the
12.23 commissioner of corrections and placed in the psychiatric mental
12.24 health unit established in subdivision 1.
12.25 Subd. 5. [DISCHARGE.] The chief medical officer director
12.26 of psychological services of the psychiatric mental health unit
12.27 established under this section may, subject to the provisions of
12.28 chapter 253B, provisionally discharge any inmate patient
12.29 admitted as mentally ill without discharging the commitment and
12.30 order the inmate patient's release into the general population
12.31 of the institution from which admitted, subject to return to the
12.32 facility for further treatment.
12.33 When the chief medical officer director of psychological
12.34 services of the facility certifies that a patient is no longer
12.35 in need of institutional care for mental illness the chief
12.36 medical officer director of psychological services shall
13.1 discharge the patient to the institution from which committed,
13.2 and the discharge shall also discharge the mental illness
13.3 commitment.
13.4 A copy of the certification that the inmate is no longer in
13.5 need of care for mental illness shall be transmitted to the
13.6 commissioner of corrections. The commissioner of corrections
13.7 shall give serious consideration to the aforementioned
13.8 certification for purposes of their supervision over the inmate
13.9 upon the inmate's release.
13.10 Subd. 6. [TRANSFER UPON EXPIRATION OF SENTENCE.] If the
13.11 sentence of a person who has been adjudicated to be mentally ill
13.12 and committed to the psychiatric mental health unit established
13.13 under this section should expire before the person recovers and
13.14 is discharged therefrom, and, in the judgment of the chief
13.15 medical officer director of psychological services of the unit,
13.16 the person requires further hospitalization for mental illness,
13.17 the person shall be transferred by the commissioner of
13.18 corrections to a state hospital designated by the commissioner
13.19 of human services, there to be detained as in the case of other
13.20 mentally ill persons under judicial commitment.
13.21 Subd. 7. [COSTS.] The costs of the commitment proceedings
13.22 under this section shall be borne by the state.
13.23 Subd. 8. [DEFINITIONS.] For the purposes of this section,
13.24 the words defined in section 253B.02 have the meanings given
13.25 them in that section.
13.26 Sec. 11. Minnesota Statutes 2000, section 242.32,
13.27 subdivision 1a, is amended to read:
13.28 Subd. 1a. [ALTERNATIVE RESIDENTIAL PROGRAMS; FUNDING.] The
13.29 commissioner of corrections may establish and operate
13.30 alternative residential programs for juveniles. Programming is
13.31 available to court and social service agencies for placement of
13.32 juveniles to act as early intervention in juvenile crime. The
13.33 commissioner shall require participating state or federal
13.34 agencies and local units of government sending participants to
13.35 the program to pay the cost of the program. Funds received by
13.36 the commissioner for the cost of the program from state and
14.1 federal agencies and local units of government under this
14.2 subdivision must be deposited in the state treasury and credited
14.3 to a special account. Money in the account is appropriated to
14.4 the commissioner to fund the program.
14.5 Sec. 12. Minnesota Statutes 2000, section 243.05,
14.6 subdivision 6, is amended to read:
14.7 Subd. 6. [SUPERVISION BY COMMISSIONER OF CORRECTIONS;
14.8 AGENTS.] (a) The commissioner of corrections, as far as
14.9 possible, shall exercise supervision over persons released on
14.10 parole or probation pursuant to this section and section 242.19.
14.11 (b) The commissioner of corrections shall exercise
14.12 supervision over probationers as provided in section 609.135,
14.13 and over persons conditionally released pursuant to section
14.14 241.26.
14.15 (c) For the purposes of clauses (a) and (b), and sections
14.16 609.115 and 609.135, subdivision 1, the commissioner shall
14.17 appoint state agents who shall be in the classified service of
14.18 the state civil service. The commissioner may also appoint
14.19 suitable persons in any part of the state or enter into
14.20 agreements with individuals and public or private agencies, for
14.21 the same purposes, and pay the costs incurred under the
14.22 agreements. Parole agents shall reside in the various districts
14.23 of the state in which they are employed. Each agent or person
14.24 shall perform the duties the commissioner may prescribe in
14.25 behalf of or in the supervision of those persons described in
14.26 clause (b). In addition, each agent or person shall act under
14.27 the orders of the commissioner in the supervision of those
14.28 persons conditionally released as provided in clause (a).
14.29 Agents shall provide assistance to conditionally released
14.30 persons in obtaining employment, and shall conduct relevant
14.31 investigations and studies of persons under supervision upon the
14.32 request of the commissioner. Regional supervisors may also
14.33 supervise state parole agents as directed by the commissioner of
14.34 corrections. This duty shall not interfere with the supervisor's
14.35 responsibility under the County Probation Act, Laws 1959,
14.36 chapter 698.
15.1 Sec. 13. Minnesota Statutes 2000, section 243.51,
15.2 subdivision 2, is amended to read:
15.3 Subd. 2. [TRANSFER OF INMATES TO FEDERAL GOVERNMENT.] The
15.4 commissioner of corrections may transfer to the custody of the
15.5 United States attorney general any inmate of the a Minnesota
15.6 correctional facility-Stillwater or the Minnesota correctional
15.7 facility-Shakopee facility whose presence is seriously
15.8 detrimental to the internal discipline and well-being of the
15.9 facility, or whose personal safety cannot be reasonably secured
15.10 therein or in any other state facility, provided the attorney
15.11 general of the United States accept such transfer. Such
15.12 transfer shall be accomplished in the manner prescribed by
15.13 United States Code, title 18, section 5003 and acts amendatory
15.14 thereof, and the commissioner of corrections may execute such
15.15 contracts as therein provided. The reimbursement of the federal
15.16 government for all costs and expenses incurred for the care,
15.17 custody, subsistence, education, treatment, and training of such
15.18 transferee shall be paid from the appropriation for the
15.19 operation of the Minnesota correctional facility-Stillwater or
15.20 the Minnesota correctional facility-Shakopee facility from which
15.21 the inmate was transferred.
15.22 The chief executive officer of the transferring facility
15.23 shall attach to such contract a duly certified copy of the
15.24 warrant of commitment under which such inmate is held, together
15.25 with copies of such other commitment papers as are required by
15.26 section 243.49, and such other data relating to the character
15.27 and condition of such inmates as the officer may deem necessary
15.28 or may be required by the federal prison authorities. Such copy
15.29 of the warrant of commitment and accompanying papers shall
15.30 constitute sufficient authority for the United States to hold
15.31 such inmate on behalf of the state of Minnesota.
15.32 Any inmate so transferred under this subdivision shall be
15.33 subject to the terms and conditions of the inmate's original
15.34 sentence as if the inmate were serving the same within the
15.35 confines of the facility from which transferred. Nothing herein
15.36 contained shall deprive such inmate of the right to parole or
16.1 the rights to legal process in the courts of this state.
16.2 Sec. 14. Minnesota Statutes 2000, section 243.53,
16.3 subdivision 1, is amended to read:
16.4 Subdivision 1. [SEPARATE CELLS.] (a) When there are
16.5 sufficient cells available, each inmate shall be confined in a
16.6 separate cell. Each inmate shall be confined in a separate cell
16.7 in institutions classified by the commissioner as custody level
16.8 five and six institutions. This requirement does not apply to
16.9 the following:
16.10 (1) geriatric dormitory-type facilities;
16.11 (2) honor dormitory-type facilities; and
16.12 (3) any other multiple occupancy facility at a custody
16.13 level five or six institution that confines inmates who could be
16.14 confined in an institution at custody level four or lower.
16.15 (b) Correctional institutions classified by the
16.16 commissioner as custody level one, two, three, or four
16.17 institutions must permit multiple occupancy, except segregation
16.18 units, to the greatest extent possible. The commissioner shall
16.19 annually publish a list of the custody levels of all
16.20 correctional institutions.
16.21 Sec. 15. Minnesota Statutes 2000, section 244.052,
16.22 subdivision 3, is amended to read:
16.23 Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The
16.24 commissioner of corrections shall establish and administer
16.25 end-of-confinement review committees at each state correctional
16.26 facility and at each state treatment facility where predatory
16.27 offenders are confined. The committees shall assess on a
16.28 case-by-case basis the public risk posed by predatory offenders
16.29 who are about to be released from confinement.
16.30 (b) Each committee shall be a standing committee and shall
16.31 consist of the following members appointed by the commissioner:
16.32 (1) the chief executive officer or head of the correctional
16.33 or treatment facility where the offender is currently confined,
16.34 or that person's designee;
16.35 (2) a law enforcement officer;
16.36 (3) a treatment professional who is trained in the
17.1 assessment of sex offenders;
17.2 (4) a caseworker experienced in supervising sex offenders;
17.3 and
17.4 (5) a victim's services professional.
17.5 Members of the committee, other than the facility's chief
17.6 executive officer or head, shall be appointed by the
17.7 commissioner to two-year terms. The chief executive officer or
17.8 head of the facility or designee shall act as chair of the
17.9 committee and shall use the facility's staff, as needed, to
17.10 administer the committee, obtain necessary information from
17.11 outside sources, and prepare risk assessment reports on
17.12 offenders.
17.13 (c) The committee shall have access to the following data
17.14 on a predatory offender only for the purposes of its assessment
17.15 and to defend the committee's risk assessment determination upon
17.16 administrative review under this section:
17.17 (1) private medical data under section 13.384 or 144.335,
17.18 or welfare data under section 13.46 that relate to medical
17.19 treatment of the offender;
17.20 (2) private and confidential court services data under
17.21 section 13.84;
17.22 (3) private and confidential corrections data under section
17.23 13.85; and
17.24 (4) private criminal history data under section 13.87.
17.25 Data collected and maintained by the committee under this
17.26 paragraph may not be disclosed outside the committee, except as
17.27 provided under section 13.05, subdivision 3 or 4. The predatory
17.28 offender has access to data on the offender collected and
17.29 maintained by the committee, unless the data are confidential
17.30 data received under this paragraph.
17.31 (d)(i) Except as otherwise provided in item (ii), at least
17.32 90 days before a predatory offender is to be released from
17.33 confinement, the commissioner of corrections shall convene the
17.34 appropriate end-of-confinement review committee for the purpose
17.35 of assessing the risk presented by the offender and determining
17.36 the risk level to which the offender shall be assigned under
18.1 paragraph (e). The offender and the law enforcement agency that
18.2 was responsible for the charge resulting in confinement shall be
18.3 notified of the time and place of the committee's meeting. The
18.4 offender has a right to be present and be heard at the meeting.
18.5 The law enforcement agency may provide material in writing that
18.6 is relevant to the offender's risk level to the chair of the
18.7 committee. The committee shall use the risk factors described
18.8 in paragraph (g) and the risk assessment scale developed under
18.9 subdivision 2 to determine the offender's risk assessment score
18.10 and risk level. Offenders scheduled for release from
18.11 confinement shall be assessed by the committee established at
18.12 the facility from which the offender is to be released.
18.13 (ii) If an offender is received for confinement in a
18.14 facility with less than 90 days remaining in the offender's term
18.15 of confinement, the offender's risk shall be assessed at the
18.16 first regularly scheduled end of confinement review committee
18.17 that convenes after the appropriate documentation for the risk
18.18 assessment is assembled by the committee. The commissioner
18.19 shall make reasonable efforts to ensure that offender's risk is
18.20 assessed and a risk level is assigned or reassigned at least 30
18.21 days before the offender's release date.
18.22 (e) The committee shall assign to risk level I a predatory
18.23 offender whose risk assessment score indicates a low risk of
18.24 reoffense. The committee shall assign to risk level II an
18.25 offender whose risk assessment score indicates a moderate risk
18.26 of reoffense. The committee shall assign to risk level III an
18.27 offender whose risk assessment score indicates a high risk of
18.28 reoffense.
18.29 (f) Before the predatory offender is released from
18.30 confinement, the committee shall prepare a risk assessment
18.31 report which specifies the risk level to which the offender has
18.32 been assigned and the reasons underlying the committee's risk
18.33 assessment decision. The committee shall give the report to the
18.34 offender and to the law enforcement agency at least 60 days
18.35 before an offender is released from confinement. If the risk
18.36 assessment is performed under the circumstances described in
19.1 paragraph (d), item (ii), the report shall be given to the
19.2 offender and the law enforcement agency as soon as it is
19.3 available. The committee also shall inform the offender of the
19.4 availability of review under subdivision 6.
19.5 (g) As used in this subdivision, "risk factors" includes,
19.6 but is not limited to, the following factors:
19.7 (1) the seriousness of the offense should the offender
19.8 reoffend. This factor includes consideration of the following:
19.9 (i) the degree of likely force or harm;
19.10 (ii) the degree of likely physical contact; and
19.11 (iii) the age of the likely victim;
19.12 (2) the offender's prior offense history. This factor
19.13 includes consideration of the following:
19.14 (i) the relationship of prior victims to the offender;
19.15 (ii) the number of prior offenses or victims;
19.16 (iii) the duration of the offender's prior offense history;
19.17 (iv) the length of time since the offender's last prior
19.18 offense while the offender was at risk to commit offenses; and
19.19 (v) the offender's prior history of other antisocial acts;
19.20 (3) the offender's characteristics. This factor includes
19.21 consideration of the following:
19.22 (i) the offender's response to prior treatment efforts; and
19.23 (ii) the offender's history of substance abuse;
19.24 (4) the availability of community supports to the offender.
19.25 This factor includes consideration of the following:
19.26 (i) the availability and likelihood that the offender will
19.27 be involved in therapeutic treatment;
19.28 (ii) the availability of residential supports to the
19.29 offender, such as a stable and supervised living arrangement in
19.30 an appropriate location;
19.31 (iii) the offender's familial and social relationships,
19.32 including the nature and length of these relationships and the
19.33 level of support that the offender may receive from these
19.34 persons; and
19.35 (iv) the offender's lack of education or employment
19.36 stability;
20.1 (5) whether the offender has indicated or credible evidence
20.2 in the record indicates that the offender will reoffend if
20.3 released into the community; and
20.4 (6) whether the offender demonstrates a physical condition
20.5 that minimizes the risk of reoffense, including but not limited
20.6 to, advanced age or a debilitating illness or physical condition.
20.7 (h) Upon the request of the law enforcement agency or the
20.8 offender's corrections agent, the commissioner may reconvene the
20.9 end-of-confinement review committee for the purpose of
20.10 reassessing the risk level to which an offender has been
20.11 assigned under paragraph (e). In a request for a reassessment,
20.12 the law enforcement agency which was responsible for the charge
20.13 resulting in confinement or agent shall list the facts and
20.14 circumstances arising after the initial assignment or facts and
20.15 circumstances known to law enforcement or the agent but not
20.16 considered by the committee under paragraph (e) which support
20.17 the request for a reassessment. The request for reassessment by
20.18 the law enforcement agency must occur within 30 days of receipt
20.19 of the report indicating the offender's risk level assignment.
20.20 The offender's corrections agent, in consultation with the chief
20.21 law enforcement officer in the area where the offender resides
20.22 or intends to reside, may request a review of a risk level at
20.23 any time if substantial evidence exists that the offender's risk
20.24 level should be reviewed by an end-of-confinement review
20.25 committee. This evidence includes, but is not limited to,
20.26 evidence of treatment failures or completions, evidence of
20.27 exceptional crime-free community adjustment or lack of
20.28 appropriate adjustment, evidence of substantial community need
20.29 to know more about the offender or mitigating circumstances that
20.30 would narrow the proposed scope of notification, or other
20.31 practical situations articulated and based in evidence of the
20.32 offender's behavior while under supervision. Upon review of the
20.33 request, the end-of-confinement review committee may reassign an
20.34 offender to a different risk level. If the offender is
20.35 reassigned to a higher risk level, the offender has the right to
20.36 seek review of the committee's determination under subdivision 6.
21.1 (i) An offender may request the end-of-confinement review
21.2 committee to reassess the offender's assigned risk level after
21.3 three years have elapsed since the committee's initial risk
21.4 assessment and may renew the request once every two years
21.5 following subsequent denials. In a request for reassessment,
21.6 the offender shall list the facts and circumstances which
21.7 demonstrate that the offender no longer poses the same degree of
21.8 risk to the community. In order for a request for a risk level
21.9 reduction to be granted, the offender must demonstrate full
21.10 compliance with supervised release conditions, completion of
21.11 required post-release treatment programming, and full compliance
21.12 with all registration requirements as detailed in section
21.13 243.166. The offender must also not have been convicted of any
21.14 felony, gross misdemeanor, or misdemeanor offenses subsequent to
21.15 the assignment of the original risk level. The committee shall
21.16 follow the process outlined in paragraphs (a) to (e), and
21.17 (g) (c) in the reassessment. An offender who is incarcerated
21.18 may not request a reassessment under this paragraph.
21.19 (j) Offenders returned to prison as release violators shall
21.20 not have a right to a subsequent risk reassessment by the
21.21 end-of-confinement review committee unless substantial evidence
21.22 indicates that the offender's risk to the public has increased.
21.23 (k) The commissioner shall establish an end-of-confinement
21.24 review committee to assign a risk level to offenders who are
21.25 released from a federal correctional facility in Minnesota or
21.26 another state and who intend to reside in Minnesota, and to
21.27 offenders accepted from another state under a reciprocal
21.28 agreement for parole supervision under the interstate compact
21.29 authorized by section 243.16. The committee shall make
21.30 reasonable efforts to conform to the same timelines as applied
21.31 to Minnesota cases. Offenders accepted from another state under
21.32 a reciprocal agreement for probation supervision are not
21.33 assigned a risk level, but are considered downward dispositional
21.34 departures. The probation or court services officer and law
21.35 enforcement officer shall manage such cases in accordance with
21.36 section 244.10, subdivision 2a. The policies and procedures of
22.1 the committee for federal offenders and interstate compact cases
22.2 must be in accordance with all requirements as set forth in this
22.3 section, unless restrictions caused by the nature of federal or
22.4 interstate transfers prevents such conformance.
22.5 (k) (l) If the committee assigns a predatory offender to
22.6 risk level III, the committee shall determine whether residency
22.7 restrictions shall be included in the conditions of the
22.8 offender's release based on the offender's pattern of offending
22.9 behavior.
22.10 Sec. 16. Minnesota Statutes 2000, section 244.173, is
22.11 amended to read:
22.12 244.173 [CHALLENGE INCARCERATION PROGRAM; EVALUATION AND
22.13 REPORT.]
22.14 The commissioner shall develop a system for gathering and
22.15 analyzing information concerning the value and effectiveness of
22.16 the challenge incarceration program. The commissioner shall
22.17 report to the committees of the house of representatives and
22.18 senate with jurisdiction over criminal justice policy by January
22.19 1, 1996, on the operation of the program.
22.20 Sec. 17. Minnesota Statutes 2000, section 244.18,
22.21 subdivision 1, is amended to read:
22.22 Subdivision 1. [DEFINITION.] As used in this section,
22.23 "local correctional fees" include fees for the following
22.24 correctional services:
22.25 (1) community service work placement and supervision;
22.26 (2) restitution collection;
22.27 (3) supervision;
22.28 (4) court ordered investigations; or
22.29 (5) any other court ordered service;
22.30 (6) post-prison supervision or other form of release; or
22.31 (7) supervision or other services provided to probationers
22.32 or parolees under section 243.16 to be provided by a local
22.33 probation and parole agency established under section 244.19 or
22.34 community corrections agency established under chapter 401.
22.35 Sec. 18. Minnesota Statutes 2000, section 390.11,
22.36 subdivision 1, is amended to read:
23.1 Subdivision 1. [DEATHS REQUIRING INQUESTS AND
23.2 INVESTIGATIONS.] Except as provided in subdivision 1a, the
23.3 coroner shall investigate and may conduct inquests in all human
23.4 deaths of the following types:
23.5 (1) violent deaths, whether apparently homicidal, suicidal,
23.6 or accidental, including but not limited to deaths due to
23.7 thermal, chemical, electrical, or radiational injury, and deaths
23.8 due to criminal abortion, whether apparently self induced or
23.9 not;
23.10 (2) deaths under unusual or mysterious circumstances;
23.11 (3) deaths of persons whose bodies are to be cremated,
23.12 dissected, buried at sea, or otherwise disposed of so that the
23.13 bodies will later be unavailable for examination; and
23.14 (4) deaths of inmates of public institutions who are not
23.15 hospitalized for organic disease and whose deaths are not of any
23.16 type referred to in clause (1) or (2).
23.17 Sec. 19. Minnesota Statutes 2000, section 390.11, is
23.18 amended by adding a subdivision to read:
23.19 Subd. 1a. [COMMISSIONER OF CORRECTIONS; INVESTIGATION OF
23.20 DEATHS.] The commissioner of corrections may require that all
23.21 department of corrections incarcerated deaths be reviewed by an
23.22 independent, contracted board-certified forensic pathologist.
23.23 Sec. 20. Minnesota Statutes 2000, section 390.32, is
23.24 amended by adding a subdivision to read:
23.25 Subd. 11. [COMMISSIONER OF CORRECTIONS; INVESTIGATION OF
23.26 DEATHS.] The commissioner of corrections may require that all
23.27 department of corrections incarcerated deaths be reviewed by an
23.28 independent, contracted board-certified forensic pathologist.
23.29 Sec. 21. Minnesota Statutes 2000, section 609.341,
23.30 subdivision 11, is amended to read:
23.31 Subd. 11. (a) "Sexual contact," for the purposes of
23.32 sections 609.343, subdivision 1, clauses (a) to (f), and
23.33 609.345, subdivision 1, clauses (a) to (e), and (h) to (l) (m),
23.34 includes any of the following acts committed without the
23.35 complainant's consent, except in those cases where consent is
23.36 not a defense, and committed with sexual or aggressive intent:
24.1 (i) the intentional touching by the actor of the
24.2 complainant's intimate parts, or
24.3 (ii) the touching by the complainant of the actor's, the
24.4 complainant's, or another's intimate parts effected by a person
24.5 in a position of authority, or by coercion, or by inducement if
24.6 the complainant is under 13 years of age or mentally impaired,
24.7 or
24.8 (iii) the touching by another of the complainant's intimate
24.9 parts effected by coercion or by a person in a position of
24.10 authority, or
24.11 (iv) in any of the cases above, the touching of the
24.12 clothing covering the immediate area of the intimate parts.
24.13 (b) "Sexual contact," for the purposes of sections 609.343,
24.14 subdivision 1, clauses (g) and (h), and 609.345, subdivision 1,
24.15 clauses (f) and (g), includes any of the following acts
24.16 committed with sexual or aggressive intent:
24.17 (i) the intentional touching by the actor of the
24.18 complainant's intimate parts;
24.19 (ii) the touching by the complainant of the actor's, the
24.20 complainant's, or another's intimate parts;
24.21 (iii) the touching by another of the complainant's intimate
24.22 parts; or
24.23 (iv) in any of the cases listed above, touching of the
24.24 clothing covering the immediate area of the intimate parts.
24.25 (c) "Sexual contact with a person under 13" means the
24.26 intentional touching of the complainant's bare genitals or anal
24.27 opening by the actor's bare genitals or anal opening with sexual
24.28 or aggressive intent or the touching by the complainant's bare
24.29 genitals or anal opening of the actor's or another's bare
24.30 genitals or anal opening with sexual or aggressive intent.
24.31 Sec. 22. Minnesota Statutes 2000, section 609.344,
24.32 subdivision 1, is amended to read:
24.33 Subdivision 1. [CRIME DEFINED.] A person who engages in
24.34 sexual penetration with another person is guilty of criminal
24.35 sexual conduct in the third degree if any of the following
24.36 circumstances exists:
25.1 (a) the complainant is under 13 years of age and the actor
25.2 is no more than 36 months older than the complainant. Neither
25.3 mistake as to the complainant's age nor consent to the act by
25.4 the complainant shall be a defense;
25.5 (b) the complainant is at least 13 but less than 16 years
25.6 of age and the actor is more than 24 months older than the
25.7 complainant. In any such case it shall be an affirmative
25.8 defense, which must be proved by a preponderance of the
25.9 evidence, that the actor believes the complainant to be 16 years
25.10 of age or older. If the actor in such a case is no more than 48
25.11 months but more than 24 months older than the complainant, the
25.12 actor may be sentenced to imprisonment for not more than five
25.13 years. Consent by the complainant is not a defense;
25.14 (c) the actor uses force or coercion to accomplish the
25.15 penetration;
25.16 (d) the actor knows or has reason to know that the
25.17 complainant is mentally impaired, mentally incapacitated, or
25.18 physically helpless;
25.19 (e) the complainant is at least 16 but less than 18 years
25.20 of age and the actor is more than 48 months older than the
25.21 complainant and in a position of authority over the complainant.
25.22 Neither mistake as to the complainant's age nor consent to the
25.23 act by the complainant is a defense;
25.24 (f) the actor has a significant relationship to the
25.25 complainant and the complainant was at least 16 but under 18
25.26 years of age at the time of the sexual penetration. Neither
25.27 mistake as to the complainant's age nor consent to the act by
25.28 the complainant is a defense;
25.29 (g) the actor has a significant relationship to the
25.30 complainant, the complainant was at least 16 but under 18 years
25.31 of age at the time of the sexual penetration, and:
25.32 (i) the actor or an accomplice used force or coercion to
25.33 accomplish the penetration;
25.34 (ii) the complainant suffered personal injury; or
25.35 (iii) the sexual abuse involved multiple acts committed
25.36 over an extended period of time.
26.1 Neither mistake as to the complainant's age nor consent to
26.2 the act by the complainant is a defense;
26.3 (h) the actor is a psychotherapist and the complainant is a
26.4 patient of the psychotherapist and the sexual penetration
26.5 occurred:
26.6 (i) during the psychotherapy session; or
26.7 (ii) outside the psychotherapy session if an ongoing
26.8 psychotherapist-patient relationship exists.
26.9 Consent by the complainant is not a defense;
26.10 (i) the actor is a psychotherapist and the complainant is a
26.11 former patient of the psychotherapist and the former patient is
26.12 emotionally dependent upon the psychotherapist;
26.13 (j) the actor is a psychotherapist and the complainant is a
26.14 patient or former patient and the sexual penetration occurred by
26.15 means of therapeutic deception. Consent by the complainant is
26.16 not a defense;
26.17 (k) the actor accomplishes the sexual penetration by means
26.18 of deception or false representation that the penetration is for
26.19 a bona fide medical purpose. Consent by the complainant is not
26.20 a defense; or
26.21 (1) the actor is or purports to be a member of the clergy,
26.22 the complainant is not married to the actor, and:
26.23 (i) the sexual penetration occurred during the course of a
26.24 meeting in which the complainant sought or received religious or
26.25 spiritual advice, aid, or comfort from the actor in private; or
26.26 (ii) the sexual penetration occurred during a period of
26.27 time in which the complainant was meeting on an ongoing basis
26.28 with the actor to seek or receive religious or spiritual advice,
26.29 aid, or comfort in private. Consent by the complainant is not a
26.30 defense; or
26.31 (m) the actor is an employee, independent contractor, or
26.32 volunteer of a state, county, city, or privately operated adult
26.33 or juvenile correctional system, including, but not limited to,
26.34 jails, prisons, detention centers, or work release facilities,
26.35 and the complainant is a resident of a facility or under
26.36 supervision of the correctional system. Consent by the
27.1 complainant is not a defense.
27.2 Sec. 23. Minnesota Statutes 2000, section 609.345,
27.3 subdivision 1, is amended to read:
27.4 Subdivision 1. [CRIME DEFINED.] A person who engages in
27.5 sexual contact with another person is guilty of criminal sexual
27.6 conduct in the fourth degree if any of the following
27.7 circumstances exists:
27.8 (a) the complainant is under 13 years of age and the actor
27.9 is no more than 36 months older than the complainant. Neither
27.10 mistake as to the complainant's age or consent to the act by the
27.11 complainant is a defense. In a prosecution under this clause,
27.12 the state is not required to prove that the sexual contact was
27.13 coerced;
27.14 (b) the complainant is at least 13 but less than 16 years
27.15 of age and the actor is more than 48 months older than the
27.16 complainant or in a position of authority over the complainant.
27.17 Consent by the complainant to the act is not a defense. In any
27.18 such case, it shall be an affirmative defense which must be
27.19 proved by a preponderance of the evidence that the actor
27.20 believes the complainant to be 16 years of age or older;
27.21 (c) the actor uses force or coercion to accomplish the
27.22 sexual contact;
27.23 (d) the actor knows or has reason to know that the
27.24 complainant is mentally impaired, mentally incapacitated, or
27.25 physically helpless;
27.26 (e) the complainant is at least 16 but less than 18 years
27.27 of age and the actor is more than 48 months older than the
27.28 complainant and in a position of authority over the complainant.
27.29 Neither mistake as to the complainant's age nor consent to the
27.30 act by the complainant is a defense;
27.31 (f) the actor has a significant relationship to the
27.32 complainant and the complainant was at least 16 but under 18
27.33 years of age at the time of the sexual contact. Neither mistake
27.34 as to the complainant's age nor consent to the act by the
27.35 complainant is a defense;
27.36 (g) the actor has a significant relationship to the
28.1 complainant, the complainant was at least 16 but under 18 years
28.2 of age at the time of the sexual contact, and:
28.3 (i) the actor or an accomplice used force or coercion to
28.4 accomplish the contact;
28.5 (ii) the complainant suffered personal injury; or
28.6 (iii) the sexual abuse involved multiple acts committed
28.7 over an extended period of time.
28.8 Neither mistake as to the complainant's age nor consent to
28.9 the act by the complainant is a defense;
28.10 (h) the actor is a psychotherapist and the complainant is a
28.11 patient of the psychotherapist and the sexual contact occurred:
28.12 (i) during the psychotherapy session; or
28.13 (ii) outside the psychotherapy session if an ongoing
28.14 psychotherapist-patient relationship exists. Consent by the
28.15 complainant is not a defense;
28.16 (i) the actor is a psychotherapist and the complainant is a
28.17 former patient of the psychotherapist and the former patient is
28.18 emotionally dependent upon the psychotherapist;
28.19 (j) the actor is a psychotherapist and the complainant is a
28.20 patient or former patient and the sexual contact occurred by
28.21 means of therapeutic deception. Consent by the complainant is
28.22 not a defense;
28.23 (k) the actor accomplishes the sexual contact by means of
28.24 deception or false representation that the contact is for a bona
28.25 fide medical purpose. Consent by the complainant is not a
28.26 defense; or
28.27 (1) the actor is or purports to be a member of the clergy,
28.28 the complainant is not married to the actor, and:
28.29 (i) the sexual contact occurred during the course of a
28.30 meeting in which the complainant sought or received religious or
28.31 spiritual advice, aid, or comfort from the actor in private; or
28.32 (ii) the sexual contact occurred during a period of time in
28.33 which the complainant was meeting on an ongoing basis with the
28.34 actor to seek or receive religious or spiritual advice, aid, or
28.35 comfort in private. Consent by the complainant is not a
28.36 defense; or
29.1 (m) the actor is an employee, independent contractor, or
29.2 volunteer of a state, county, city, or privately operated adult
29.3 or juvenile correctional system, including, but not limited to,
29.4 jails, prisons, detention centers, or work release facilities,
29.5 and the complainant is a resident of a facility or under
29.6 supervision of the correctional system. Consent by the
29.7 complainant is not a defense.
29.8 Sec. 24. Minnesota Statutes 2000, section 609.3452,
29.9 subdivision 1, is amended to read:
29.10 Subdivision 1. [ASSESSMENT REQUIRED.] When a person is
29.11 convicted of a violation of section 609.342; 609.343; 609.344;
29.12 609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23, or
29.13 another offense arising out of a charge based on one or more of
29.14 those sections sex offense, the court shall order an independent
29.15 professional assessment of the offender's need for sex offender
29.16 treatment. The court may waive the assessment if: (1) the
29.17 sentencing guidelines provide a presumptive prison sentence for
29.18 the offender, or (2) an adequate assessment was conducted prior
29.19 to the conviction. An assessor providing an assessment for the
29.20 court must be experienced in the evaluation and treatment of sex
29.21 offenders.
29.22 Sec. 25. Minnesota Statutes 2000, section 609.3452, is
29.23 amended by adding a subdivision to read:
29.24 Subd. 1a. [REPEAT OFFENDERS; MANDATORY ASSESSMENT.] When a
29.25 person is convicted of a felony-level sex offense, and the
29.26 person has previously been convicted of a sex offense regardless
29.27 of the penalty level, the court shall order a sex offender
29.28 assessment to be completed by the Minnesota security hospital.
29.29 The assessment must contain the facts upon which the assessment
29.30 conclusion is based, with reference to the offense history of
29.31 the offender or the severity of the current offense, the social
29.32 history of the offender, and the results of an examination of
29.33 the offender's mental status unless the offender refuses to be
29.34 examined. The assessment conclusion may not be based on testing
29.35 alone. Upon completion, the assessment must be forwarded to the
29.36 court and the commissioner of corrections. The court shall
30.1 consider the assessment when sentencing the offender and, if
30.2 applicable, when making the preliminary determination regarding
30.3 the appropriateness of a civil commitment petition under section
30.4 609.1351.
30.5 Sec. 26. Minnesota Statutes 2000, section 609.3452, is
30.6 amended by adding a subdivision to read:
30.7 Subd. 4. [DEFINITION.] As used in this section, "sex
30.8 offense" means a violation of section 609.342; 609.343; 609.344;
30.9 609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23; or
30.10 another offense arising out of a charge based on one or more of
30.11 those sections.
30.12 Sec. 27. Minnesota Statutes 2000, section 611A.19, is
30.13 amended to read:
30.14 611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY
30.15 VIRUS.]
30.16 Subdivision 1. [TESTING ON REQUEST OF VICTIM.] (a) Upon
30.17 the request or with the consent of the victim, the prosecutor
30.18 shall make a motion in camera and the sentencing court shall
30.19 issue an order requiring an adult convicted of or a juvenile
30.20 adjudicated delinquent for violating section 609.342 (criminal
30.21 sexual conduct in the first degree), 609.343 (criminal sexual
30.22 conduct in the second degree), 609.344 (criminal sexual conduct
30.23 in the third degree), 609.345 (criminal sexual conduct in the
30.24 fourth degree), or any other violent crime, as defined in
30.25 section 609.1095, to submit to testing to determine the presence
30.26 of human immunodeficiency virus (HIV) antibody if:
30.27 (1) the crime involved sexual penetration, however slight,
30.28 as defined in section 609.341, subdivision 12; or
30.29 (2) evidence exists that the broken skin or mucous membrane
30.30 of the victim was exposed to or had contact with the offender's
30.31 semen or blood during the commission of the crime in a manner
30.32 which has been demonstrated epidemiologically to transmit the
30.33 human immunodeficiency virus (HIV).
30.34 (b) When the court orders an offender to submit to testing
30.35 under paragraph (a), the court shall order that the test be
30.36 performed by an appropriate health professional who is trained
31.1 to provide the counseling described in section 144.7414, and
31.2 that no reference to the test, the motion requesting the test,
31.3 the test order, or the test results may appear in the criminal
31.4 record or be maintained in any record of the court or court
31.5 services, except in the medical record maintained by the
31.6 department of corrections.
31.7 Subd. 2. [DISCLOSURE OF TEST RESULTS.] The date and
31.8 results of a test performed under subdivision 1 are private data
31.9 as defined in section 13.02, subdivision 12, when maintained by
31.10 a person subject to chapter 13, or may be released only with the
31.11 subject's consent, if maintained by a person not subject to
31.12 chapter 13. The results are available, on request, to the
31.13 victim or, if the victim is a minor, to the victim's parent or
31.14 guardian and positive test results shall be reported to the
31.15 commissioner of health. Any test results given to a victim or
31.16 victim's parent or guardian shall be provided by a health
31.17 professional who is trained to provide the counseling described
31.18 in section 144.7414. Data regarding administration and results
31.19 of the test are not accessible to any other person for any
31.20 purpose and shall not be maintained in any record of the court
31.21 or court services or any other record. After the test results
31.22 are given to the victim or the victim's parent or guardian, data
31.23 on the test must be removed from any medical data or health
31.24 records maintained under section 13.384 or 144.335 and
31.25 destroyed, except for those medical records maintained by the
31.26 department of corrections.
31.27 Sec. 28. Laws 1996, chapter 463, section 16, subdivision
31.28 3, as amended by Laws 1997, chapter 238, section 3, is amended
31.29 to read:
31.30 Subd. 3. New Facility 89,000,000
31.31 To complete design and to construct,
31.32 furnish, and equip a new close-custody
31.33 correctional facility at custody level
31.34 four to provide at least 800 beds.
31.35 The commissioner of administration may
31.36 use construction delivery methods as
31.37 may be appropriate to minimize the cost
31.38 of the facility and maximize the
31.39 construction time savings.
32.1 Before final contract documents for
32.2 this project are advertised for
32.3 construction bids, the commissioners of
32.4 administration and corrections shall
32.5 certify to the chairs of the senate
32.6 finance committee, the senate crime
32.7 prevention finance division, the house
32.8 ways and means committee, the house
32.9 judiciary finance committee, and the
32.10 house capital investment committee that
32.11 the program scope of the project has
32.12 not increased since the project budget
32.13 was reviewed in accordance with
32.14 Minnesota Statutes, section 16B.335.
32.15 Upon receipt and evaluation of
32.16 construction bids and before awarding
32.17 contracts for the construction phase of
32.18 the project, the commissioners of
32.19 administration and finance shall inform
32.20 the chairs of the house ways and means
32.21 committee and the senate human
32.22 resources finance committee and the
32.23 chairs of the house and senate policy
32.24 and finance committees and divisions
32.25 having jurisdiction over criminal
32.26 justice issues of the project budget
32.27 necessary to complete that portion of
32.28 the project. Any portion of this
32.29 appropriation that exceeds the project
32.30 budget shall be unallotted by the
32.31 commissioner of finance.
32.32 By February 1 of each year, the
32.33 commissioner shall report to the chairs
32.34 of the house judiciary committee and
32.35 senate crime prevention committee on
32.36 efforts to recruit a workforce for the
32.37 correctional facility that is
32.38 proportional to the protected groups in
32.39 the inmate population, the results of
32.40 the efforts, and recommendations for
32.41 achieving the goal of proportional
32.42 representation of protected class
32.43 employees in relation to the inmate
32.44 population.
32.45 The commissioner of corrections shall
32.46 construct an access road from state
32.47 trunk highway 361 to the parking lot of
32.48 the correctional facility. The
32.49 commissioner of transportation shall
32.50 construct any necessary improvements at
32.51 the intersection of trunk highway 361
32.52 and the access road in order to
32.53 facilitate ingress to and egress from
32.54 the correctional facility.
32.55 Sec. 29. [WORKFORCE REPORTS.]
32.56 The department of corrections shall continue to report on
32.57 its efforts to recruit a diverse workforce as required in
32.58 Minnesota Statutes, section 43A.191.
32.59 Sec. 30. [REPEALER.]
32.60 Minnesota Statutes 2000, sections 241.016, subdivision 2,
32.61 241.19, and 242.51, are repealed.
33.1 Sec. 31. [EFFECTIVE DATE.]
33.2 Sections 21 to 23 are effective June 1, 2001, and apply to
33.3 crimes committed on or after that date. Sections 24 to 26 are
33.4 effective the day following final enactment."
33.5 Delete the title and insert:
33.6 "A bill for an act
33.7 relating to corrections; making various changes to
33.8 laws involving the department of corrections,
33.9 including clarifying the community notification law,
33.10 striking and repealing obsolete and unnecessary
33.11 statutory language, clarifying who may be required to
33.12 pay the costs for the use of a correctional camp,
33.13 allowing licensed mental health professionals to admit
33.14 inmates to the mental health unit at MCF-Oak Park
33.15 Heights, altering the requirements of the department's
33.16 annual performance report, providing that
33.17 investigation of inmate deaths be initiated by the
33.18 commissioner of corrections, continuing the task force
33.19 for agency purchasing from correctional agencies,
33.20 creating a peer review committee in the health
33.21 correctional system; authorizing the commissioner to
33.22 inspect and certify juvenile facilities licensed by
33.23 the department of human services; requiring the
33.24 commissioners of corrections and human services to
33.25 develop alternative equivalent standards for chemical
33.26 dependency treatment programs for correctional
33.27 facilities under certain circumstances; requiring the
33.28 commissioner of corrections to contract with the
33.29 commissioner of human services for background studies
33.30 of individuals providing services in secure and
33.31 nonsecure juvenile residential and detention
33.32 facilities; making it a crime for employees, contract
33.33 personnel, or volunteers of a correctional system to
33.34 engage in certain sexual activities with offenders in
33.35 correctional facilities; requiring a sex offender
33.36 assessment for certain repeat sex offenders;
33.37 authorizing HIV test results to be maintained in
33.38 inmate medical records; requiring new per diem methods
33.39 to be used in annual reports; amending Minnesota
33.40 Statutes 2000, sections 16B.181, subdivision 2;
33.41 241.016, subdivision 1; 241.018; 241.021, subdivisions
33.42 1, 4, 4a, 6, by adding a subdivision; 241.67,
33.43 subdivision 8; 241.69; 242.32, subdivision 1a; 243.05,
33.44 subdivision 6; 243.51, subdivision 2; 243.53,
33.45 subdivision 1; 244.052, subdivision 3; 244.173;
33.46 244.18, subdivision 1; 390.11, subdivision 1, by
33.47 adding a subdivision; 390.32, by adding a subdivision;
33.48 609.341, subdivision 11; 609.344, subdivision 1;
33.49 609.345, subdivision 1; 609.3452, subdivision 1, by
33.50 adding subdivisions; 611A.19; Laws 1996, chapter 463,
33.51 section 16, subdivision 3, as amended; repealing
33.52 Minnesota Statutes 2000, sections 241.016, subdivision
33.53 2; 241.19; 242.51."
34.1 We request adoption of this report and repassage of the
34.2 bill.
34.5 House Conferees:
34.8 ......................... .........................
34.9 Dave Bishop John Tuma
34.12 .........................
34.13 Debra Hilstrom
34.18 Senate Conferees:
34.21 ......................... .........................
34.22 Satveer Chaudhary Jane B. Ranum
34.25 .........................
34.26 Grace S. Schwab