HF 1406

3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; requiring life without
release sentences for certain egregious first degree
criminal sexual conduct offenses; requiring
indeterminate life sentences for certain sex offenses;
increasing statutory maximum sentences for sex
offenses; establishing the Minnesota Sex Offender
Review Board and providing its responsibilities,
including release decisions, access to data, expedited
rulemaking, and the applicability to it of contested
case proceedings and the Open Meeting Law; directing
the Sentencing Guidelines Commission to modify the
sentencing guidelines; providing criminal penalties;
modifying predatory offender registration and
community notification requirements; requiring victim
notification for commitment of persons with sexual
psychopathic personalities and sexually dangerous
persons under certain circumstances; providing
registration requirements for persons without a
primary address under the registry; providing for
registration of offenders from other states and
offenders released from federal facilities under the
registry; expanding Department of Human Services
access to the predatory offender registry; modifying
the predatory offender registry law to require
registered offenders to disclose to health care
facilities, upon admittance, their status as a
registered predatory offender, and to require local
law enforcement to disclose a registrant's status to
the administration of a health care facility if a
registered offender is receiving inpatient care;
removing the commissioner of human services'
discretion to grant variances/set-asides for persons
convicted of certain violent crimes; modifying the
human services criminal background check law;
establishing an ongoing Sex Offender Policy Board to
develop uniform supervision and professional
standards; requiring the committing court to review
special review board recommendations with respect to
discharge of psychopathic personalities, sexual
psychopathic personalities, and sexually dangerous
persons; amending Minnesota Statutes 2004, sections
13.461, by adding a subdivision; 13.82, by adding a
subdivision; 13.851, subdivision 5, by adding a
subdivision; 13D.05, subdivision 2; 144.335, by adding
a subdivision; 144A.135; 241.67, subdivision 3;
242.195, subdivision 1; 243.166; 243.167; 244.05,
subdivisions 4, 5, 6, 7; 244.052, subdivisions 3, 4,
by adding subdivisions; 245C.03, subdivision 1;
245C.13, subdivision 2; 245C.15, subdivisions 1, 2, 3,
4; 245C.17, subdivisions 1, 2, 3; 245C.21,
subdivisions 3, 4; 245C.22, by adding a subdivision;
245C.23, subdivision 1; 245C.24, subdivisions 2, 3, 4,
by adding a subdivision; 245C.30, subdivisions 1, 2;
246.13; 253B.02, subdivision 4a, by adding
subdivisions; 253B.08, subdivision 2; 253B.18,
subdivisions 4a, 5, by adding a subdivision; 299C.093;
609.108, subdivisions 3, 4, 7; 609.109, subdivisions
2, 5, 7; 609.117, subdivisions 1, 2; 609.1351;
609.2231, subdivision 3; 609.341, by adding
subdivisions; 609.342, subdivisions 2, 3; 609.343,
subdivisions 2, 3; 609.344, subdivisions 2, 3;
609.345, subdivisions 2, 3; 609.347; 609.3471;
609.348; 609.353; 609.485, subdivisions 2, 4; 617.23,
subdivisions 2, 3; 626.556, subdivision 3; 626.557,
subdivisions 12b, 14; 631.045; proposing coding for
new law in Minnesota Statutes, chapters 243; 244; 609;
repealing Minnesota Statutes 2004, sections 243.166,
subdivisions 1, 8; 246.017, subdivision 1; 609.108,
subdivision 2.

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

ARTICLE 1

SEX OFFENDERS:
LIFE WITHOUT RELEASE SENTENCES FOR CERTAIN SEX OFFENSES;
INDETERMINATE LIFE SENTENCES FOR OTHER SEX OFFENSES;
INCREASED STATUTORY MAXIMUMS;
DIRECTION TO SENTENCING GUIDELINES COMMISSION

Section 1.

Minnesota Statutes 2004, section 13.851,
subdivision 5, is amended to read:

Subd. 5.

Sex offenders; civil commitment determination;
commissioner of corrections.

Data provided to the county
attorney under section 244.05, subdivision 7, new text begin and to the
Minnesota Sex Offender Review Board under section 244.05,
subdivision 5, new text end are governed by that section.

Sec. 2.

Minnesota Statutes 2004, section 244.05,
subdivision 4, is amended to read:

Subd. 4.

Minimum imprisonment, life sentence.

new text begin (a) new text end An
inmate serving a mandatory life sentence under section 609.106 new text begin ,
609.342, subdivision 2, paragraph (c), or 609.343, subdivision
2, paragraph (c), new text end must not be given supervised release under
this section.

new text begin (b) new text end An inmate serving a mandatory life sentence under
section 609.185, clause (1), (3), (5), or (6); or 609.109,
subdivision deleted text begin 2a deleted text end new text begin 3 new text end , must not be given supervised release under
this section without having served a minimum term of 30 years.

new text begin (c) new text end An inmate serving a mandatory life sentence under
section 609.385 must not be given supervised release under this
section without having served a minimum term of imprisonment of
17 years.

new text begin (d) An inmate serving a mandatory life sentence under
section 609.342, subdivision 2, paragraph (b); 609.343,
subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph
(b); 609.345, subdivision 2, paragraph (b); or 609.3453,
subdivision 2, paragraph (b), must not be given supervised
release under this section without having served a minimum term
of imprisonment of 20 years. If the sentencing court imposed a
sentence with a term of imprisonment of more than 20 years, the
inmate may not be given supervised release without having served
that term.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 244.05,
subdivision 5, is amended to read:

Subd. 5.

Supervised release, life sentence.

(a) The
commissioner of corrections may, under rules promulgated by the
commissioner, give supervised release to an inmate serving a
mandatory life sentence under section 609.185, clause (1), (3),
(5), or (6); 609.109, subdivision deleted text begin 2a deleted text end new text begin 3 new text end ; or 609.385 after the
inmate has served the minimum term of imprisonment specified in
subdivision 4.

(b) new text begin The commissioner shall give supervised release to an
inmate serving a mandatory life sentence under section 609.342,
subdivision 2, paragraph (b); 609.343, subdivision 2, paragraph
(b); 609.344, subdivision 2, paragraph (b); 609.345, subdivision
2, paragraph (b); or 609.3453, subdivision 2, paragraph (b),
when directed to do so by the Sex Offender Review Board under
section 244.0515.
new text end

new text begin (c) new text end The commissioner shall require the preparation of a
community investigation report and shall consider the findings
of the report when making a supervised release decision under
this subdivision. The report shall reflect the sentiment of the
various elements of the community toward the inmate, both at the
time of the offense and at the present time. The report shall
include the views of the sentencing judge, the prosecutor, any
law enforcement personnel who may have been involved in the
case, and any successors to these individuals who may have
information relevant to the supervised release decision. The
report shall also include the views of the victim and the
victim's family unless the victim or the victim's family chooses
not to participate. new text begin The commissioner shall submit the report
required by this paragraph to the Minnesota Sex Offender Review
Board to assist the board in making release decisions under
section 244.0515. The commissioner also shall give the board,
on request, any and all information the commissioner gathered
for use in compiling the report.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner shall make reasonable efforts to
notify the victim, in advance, of the time and place of the
inmate's supervised release review hearing. The victim has a
right to submit an oral or written statement at the review
hearing. The statement may summarize the harm suffered by the
victim as a result of the crime and give the victim's
recommendation on whether the inmate should be given supervised
release at this time. The commissioner must consider the
victim's statement when making the supervised release decision.

deleted text begin (d) deleted text end new text begin (e) new text end As used in this subdivision, "victim" means the
individual who suffered harm as a result of the inmate's crime
or, if the individual is deceased, the deceased's surviving
spouse or next of kin.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 609.108,
subdivision 3, is amended to read:

Subd. 3.

Predatory crime.

deleted text begin A predatory crime is a felony
violation of section 609.185, 609.19, 609.195, 609.20, 609.205,
609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255,
609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561,
or 609.582, subdivision 1. deleted text end new text begin As used in this section, "predatory
crime" has the meaning given in section 609.341, subdivision 24.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 609.108,
subdivision 4, is amended to read:

Subd. 4.

Danger to public safety.

The deleted text begin court deleted text end new text begin fact finder
new text end shall base its finding that the offender is a danger to public
safety on any of the following factors:

(1) the crime involved an aggravating factor that would
justify a durational departure from the presumptive sentence
under the Sentencing Guidelines;

(2) the offender previously committed or attempted to
commit a predatory crime or a violation of section 609.224 or
609.2242, including:

(i) an offense committed as a juvenile that would have been
a predatory crime or a violation of section 609.224 or 609.2242
if committed by an adult; or

(ii) a violation or attempted violation of a similar law of
any other state or the United States; or

(3) the offender planned or prepared for the crime prior to
its commission.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 609.109,
subdivision 7, is amended to read:

Subd. 7.

Conditional release of sex offenders.

(a)
Notwithstanding the statutory maximum sentence otherwise
applicable to the offense or any provision of the Sentencing
Guidelines, when a court sentences a person to prison for a
violation of section 609.342, 609.343, 609.344, deleted text begin or deleted text end 609.345, new text begin or
609.3453, new text end the court shall provide that after the person has
completed the sentence imposed, the commissioner of corrections
shall place the person on conditional release.

If the person was convicted for a violation of section
609.342, 609.343, 609.344, deleted text begin or deleted text end 609.345, new text begin or 609.3453, new text end the person
shall be placed on conditional release for five years, minus the
time the person served on supervised release.

If the person was convicted for a violation of one of those
sections after a previous sex offense conviction as defined in
subdivision 5, or sentenced under subdivision 6 to a mandatory
departure, the person shall be placed on conditional release for
ten years, minus the time the person served on supervised
release.

(b) The conditions of release may include successful
completion of treatment and aftercare in a program approved by
the commissioner, satisfaction of the release conditions
specified in section 244.05, subdivision 6, and any other
conditions the commissioner considers appropriate. If the
offender fails to meet any condition of release, the
commissioner may revoke the offender's conditional release and
order that the offender serve the remaining portion of the
conditional release term in prison. The commissioner shall not
dismiss the offender from supervision before the conditional
release term expires.

Conditional release under this subdivision is governed by
provisions relating to supervised release, except as otherwise
provided in this subdivision, section 244.04, subdivision 1, or
244.05.

(c) The commissioner shall pay the cost of treatment of a
person released under this subdivision. This section does not
require the commissioner to accept or retain an offender in a
treatment program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 609.341, is
amended by adding a subdivision to read:

new text begin Subd. 22. new text end

new text begin Sex offense. new text end

new text begin Except for section 609.3452, "sex
offense" means any violation of, or attempt to violate, section
609.342 (first degree criminal sexual conduct), 609.343 (second
degree criminal sexual conduct), 609.344 (third degree criminal
sexual conduct), 609.345 (fourth degree criminal sexual
conduct), 609.3451 (fifth degree criminal sexual conduct),
609.3453 (criminal sexual predatory conduct), 609.352
(solicitation of a child to engage in sexual conduct), 617.23
(indecent exposure), 617.246 (use of minors in sexual
performance), 617.247 (possession of pornographic work involving
minors), or any similar statute of the United States or any
other state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 609.341, is
amended by adding a subdivision to read:

new text begin Subd. 23. new text end

new text begin Subsequent sex offense. new text end

new text begin "Subsequent sex
offense" means a violation of section 609.342 (first degree
criminal sexual conduct), 609.343 (second degree criminal sexual
conduct), 609.344 (third degree criminal sexual conduct),
609.345 (fourth degree criminal sexual conduct), or 609.3453
(criminal sexual predatory conduct) for which the offender is
convicted after the offender has already been convicted or
adjudicated delinquent for the following, involving a separate
behavioral incident, regardless of when the behavioral incidents
occurred:
new text end

new text begin (1) another felony-level sex offense;
new text end

new text begin (2) two non-felony-level sex offenses; or
new text end

new text begin (3) any felony-level predatory crime that the fact finder
determines was motivated by the offender's sexual impulses or
was part of a predatory pattern of behavior that had criminal
sexual conduct as its goal.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2004, section 609.341, is
amended by adding a subdivision to read:

new text begin Subd. 24. new text end

new text begin Predatory crime. new text end

new text begin "Predatory crime" means a
felony violation of section 609.185 (first degree murder),
609.19 (second degree murder), 609.195 (third degree murder),
609.20 (first degree manslaughter), 609.205 (second degree
manslaughter), 609.221 (first degree assault), 609.222 (second
degree assault), 609.223 (third degree assault), 609.24 (simple
robbery), 609.245 (aggravated robbery), 609.25 (kidnapping),
609.255 (false imprisonment), 609.365 (incest), 609.498
(tampering with a witness), 609.561 (first degree arson), or
609.582, subdivision 1 (first degree burglary).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609.342,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

(a) Except as otherwise provided
in deleted text begin section 609.109 deleted text end new text begin paragraph (b) or (c), or section 609.109 new text end , a
person convicted under subdivision 1 may be sentenced to
imprisonment for not more than deleted text begin 30 deleted text end new text begin 60 new text end years deleted text begin or to a payment of a
fine of not more than $40,000, or both deleted text end .

deleted text begin (b) deleted text end Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a
longer presumptive executed sentence, the court shall presume
that an executed sentence of 144 months must be imposed on an
offender convicted of violating this section. new text begin Except as
provided in paragraph (b) or (c), new text end sentencing a person in a
manner other than that described in this paragraph is a
departure from the Sentencing Guidelines.

new text begin (b) The court shall sentence a person to imprisonment for
life if:
new text end

new text begin (1) the person was convicted under subdivision 1, paragraph
(c), (d), (e), (f), or (h); or
new text end

new text begin (2) the person was convicted under subdivision 1 of a
subsequent sex offense.
new text end

new text begin Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a
longer presumptive executed sentence, and the court imposes this
sentence, the court shall specify a minimum term of imprisonment
of 20 years that must be served before the offender may be
considered for supervised release.
new text end

new text begin (c) The court shall sentence a person to imprisonment for
life without the possibility of release if the person is
convicted of violating subdivision 1, paragraph (c), (d), (e),
(f), or (h), and the fact finder determines beyond a reasonable
doubt that any of the following circumstances exist:
new text end

new text begin (1) the offender tortured the complainant;
new text end

new text begin (2) the offender intentionally inflicted great bodily harm
upon the complainant;
new text end

new text begin (3) the offender, without the complainant's consent,
removed the complainant from one place to another and did not
release the complainant in a safe place;
new text end

new text begin (4) the complainant was aged 13 or younger at the time of
the offense;
new text end

new text begin (5) the complainant was aged 70 or older at the time of the
offense;
new text end

new text begin (6) the offender was armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and used or
threatened to use the weapon or article to cause the complainant
to submit;
new text end

new text begin (7) the charged offense involved sexual penetration or
sexual contact with more than one victim; or
new text end

new text begin (8) the offense involved more than one perpetrator engaging
in sexual penetration or sexual contact with the complainant.
new text end

new text begin The fact finder may not consider a circumstance described
in clauses (1) to (8), if it is an element of the underlying
specified violation of subdivision 1.
new text end

new text begin As used in this paragraph, "torture" means the intentional
infliction of extreme mental anguish, or extreme psychological
or physical abuse, when committed in an especially depraved
manner.
new text end

new text begin (d) In addition to the sentence imposed under paragraph
(a), (b), or (c), the person may also be sentenced to the
payment of a fine of not more than $40,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2004, section 609.342,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under new text begin subdivision 2, paragraph (b) or (c), or new text end section 609.109,
if a person is convicted under subdivision 1, clause (g), the
court may stay imposition or execution of the sentence if it
finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2004, section 609.343,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

(a) Except as otherwise provided
in new text begin paragraph (b) or (c) or new text end section 609.109, a person convicted
under subdivision 1 may be sentenced to imprisonment for not
more than deleted text begin 25 deleted text end new text begin 50 new text end years deleted text begin or to a payment of a fine of not more than
$35,000, or both deleted text end .

deleted text begin (b) deleted text end Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a
longer presumptive executed sentence, the court shall presume
that an executed sentence of 90 months must be imposed on an
offender convicted of violating subdivision 1, clause (c), (d),
(e), (f), or (h). Sentencing a person in a manner other than
that described in this paragraph is a departure from the
Sentencing Guidelines.

new text begin (b) The court shall sentence a person to imprisonment for
life if:
new text end

new text begin (1) the person was convicted under subdivision 1, paragraph
(c), (d), (e), (f), or (h); or
new text end

new text begin (2) the person was convicted under subdivision 1 of a
subsequent sex offense.
new text end

new text begin Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a
longer presumptive executed sentence, and the court imposes this
sentence, the court shall specify a minimum term of imprisonment
of 20 years that must be served before the offender may be
considered for supervised release.
new text end

new text begin (c) The court shall sentence a person to imprisonment for
life without the possibility of release if the person is
convicted of violating subdivision 1, paragraph (c), (d), (e),
(f), or (h), and the fact finder determines beyond a reasonable
doubt that any of the following circumstances exist:
new text end

new text begin (1) the offender tortured the complainant;
new text end

new text begin (2) the offender intentionally inflicted great bodily harm
upon the complainant;
new text end

new text begin (3) the offender, without the complainant's consent,
removed the complainant from one place to another and did not
release the complainant in a safe place;
new text end

new text begin (4) the complainant was aged 13 or younger at the time of
the offense;
new text end

new text begin (5) the complainant was aged 70 or older at the time of the
offense;
new text end

new text begin (6) the offender was armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and used or
threatened to use the weapon or article to cause the complainant
to submit;
new text end

new text begin (7) the charged offense involved sexual penetration or
sexual contact with more than one victim; or
new text end

new text begin (8) the offense involved more than one perpetrator engaging
in sexual penetration or sexual contact with the complainant.
new text end

new text begin The fact finder may not consider a circumstance described
in clauses (1) to (8), if it is an element of the underlying
specified violation of subdivision 1.
new text end

new text begin As used in this paragraph, "torture" means the intentional
infliction of extreme mental anguish, or extreme psychological
or physical abuse, when committed in an especially depraved
manner.
new text end

new text begin (d) In addition to the sentence imposed under paragraph
(a), (b), or (c), the person may also be sentenced to the
payment of a fine of not more than $35,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2004, section 609.343,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under new text begin subdivision 2, paragraph (b) or (c), or new text end section 609.109,
if a person is convicted under subdivision 1, clause (g), the
court may stay imposition or execution of the sentence if it
finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2004, section 609.344,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

new text begin (a) Except as otherwise provided in
paragraph (b), new text end a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than deleted text begin 15 deleted text end new text begin 30 new text end years deleted text begin or to a
payment of a fine of not more than $30,000, or both deleted text end .

new text begin (b) A person convicted under subdivision 1 of a subsequent
sex offense shall be sentenced to imprisonment for life. Unless
a longer mandatory minimum sentence is otherwise required by law
or the Sentencing Guidelines provide for a longer presumptive
executed sentence, and the court imposes this sentence, the
court shall specify a minimum term of imprisonment of 20 years
that must be served before the offender may be considered for
supervised release.
new text end

new text begin (c) In addition to the sentence imposed under paragraph (a)
or (b), the person may also be sentenced to the payment of a
fine of not more than $30,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2004, section 609.344,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under new text begin subdivision 2, paragraph (b), or new text end section 609.109, if a
person is convicted under subdivision 1, clause (f), the court
may stay imposition or execution of the sentence if it finds
that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2004, section 609.345,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

new text begin (a) Except as otherwise provided in
paragraph (b), new text end a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than deleted text begin ten deleted text end new text begin 20 new text end years deleted text begin or to a
payment of a fine of not more than $20,000, or both deleted text end .

new text begin (b) A person convicted under subdivision 1 of a subsequent
sex offense shall be sentenced to imprisonment for life. Unless
a longer mandatory minimum sentence is otherwise required by law
or the Sentencing Guidelines provide for a longer presumptive
executed sentence, and the court imposes this sentence, the
court shall specify a minimum term of imprisonment of 20 years
that must be served before the offender may be considered for
supervised release.
new text end

new text begin (c) In addition to the sentence imposed under paragraph (a)
or (b), the person may also be sentenced to the payment of a
fine of not more than $20,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2004, section 609.345,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under new text begin subdivision 2, paragraph (b), or new text end section 609.109, if a
person is convicted under subdivision 1, clause (f), the court
may stay imposition or execution of the sentence if it finds
that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 18.

new text begin [609.3453] CRIMINAL SEXUAL PREDATORY CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Crime defined. new text end

new text begin A person is guilty of
criminal sexual predatory conduct if the person commits a
predatory crime that was motivated by the offender's sexual
impulses or was part of a predatory pattern of behavior that had
criminal sexual conduct as its goal.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin (a) Except as provided in paragraph
(b), a person convicted under subdivision 1 may be sentenced to
imprisonment for not more than 15 years.
new text end

new text begin (b) A person convicted under subdivision 1 of a subsequent
sex offense shall be sentenced to imprisonment for life. Unless
a longer mandatory minimum sentence is otherwise required by law
or the Sentencing Guidelines provide for a longer presumptive
executed sentence, and the court imposes this sentence, the
court shall specify a minimum term of imprisonment of 20 years
that must be served before the offender may be considered for
supervised release.
new text end

new text begin (c) In addition to the sentence imposed under paragraph (a)
or (b), the person may also be sentenced to the payment of a
fine of not more than $20,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 19. new text begin SENTENCING GUIDELINES; CHANGES MANDATED.
new text end

new text begin (a) The Sentencing Guidelines Commission shall modify the
Sentencing Guidelines, including the guidelines grid, to reflect
the changes made in this act.
new text end

new text begin (b) The commission shall make the sex offender-related
modifications to the guidelines and grid proposed in the
commission's January 2005 report to the legislature, including
creating a separate sex offender grid, and changing the method
used to calculate the weights assigned to sex offenses when
calculating an offender's criminal history. However, the
commission shall adapt the proposed modifications to reflect the
restructuring of sex offense sentences under this article.
new text end

new text begin (c) Modifications made by the commission under this section
take effect August 1, 2005.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 20. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 609.108, subdivision 2, is
repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

ARTICLE 2

MINNESOTA SEX OFFENDER REVIEW BOARD

Section 1.

Minnesota Statutes 2004, section 13.851, is
amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Predatory offenders; minnesota sex offender
review board. new text end

new text begin Certain data classified under this chapter are
made accessible to the Minnesota Sex Offender Review Board under
section 244.0515.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 13D.05,
subdivision 2, is amended to read:

Subd. 2.

When meeting must be closed.

(a) Any portion of
a meeting must be closed if expressly required by other law or
if the following types of data are discussed:

(1) data that would identify alleged victims or reporters
of criminal sexual conduct, domestic abuse, or maltreatment of
minors or vulnerable adults;

(2) active investigative data as defined in section 13.82,
subdivision 7, or internal affairs data relating to allegations
of law enforcement personnel misconduct collected or created by
a state agency, statewide system, or political subdivision; or

(3) educational data, health data, medical data, welfare
data, or mental health data that are not public data under
section 13.32, 13.3805, subdivision 1, 13.384, or 13.46,
subdivision 2 or 7.

(b) A public body shall close one or more meetings for
preliminary consideration of allegations or charges against an
individual subject to its authority. If the members conclude
that discipline of any nature may be warranted as a result of
those specific charges or allegations, further meetings or
hearings relating to those specific charges or allegations held
after that conclusion is reached must be open. A meeting must
also be open at the request of the individual who is the subject
of the meeting.

new text begin (c) The Minnesota Sex Offender Review Board authorized by
section 244.0515 must close a meeting to deliberate whether an
inmate's petition meets the criteria for release established by
the board. The board must identify the inmate whose petition
will be deliberated. At its next open meeting, the board shall
summarize its deliberations regarding the inmate's petition.
new text end

Sec. 3.

new text begin [244.0515] MINNESOTA SEX OFFENDER REVIEW BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, the
following terms have the meanings given:
new text end

new text begin (1) "board" means the Minnesota Sex Offender Review Board;
and
new text end

new text begin (2) "commissioner" means the commissioner of corrections.
new text end

new text begin Subd. 2. new text end

new text begin Responsibilities. new text end

new text begin The board is responsible for
making decisions regarding the release of inmates sentenced to
life sentences under section 609.342, subdivision 2, paragraph
(b); 609.343, subdivision 2, paragraph (b); 609.344, subdivision
2, paragraph (b); 609.345, subdivision 2, paragraph (b); or
609.3453, subdivision 2, paragraph (b).
new text end

new text begin Subd. 3. new text end

new text begin Exemption from chapter 14. new text end

new text begin (a) For the purposes
of this section and except as provided in paragraph (b), the
board and the commissioner are not subject to chapter 14.
new text end

new text begin (b) The board and the commissioner may adopt rules under
section 14.389 to implement this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 4. new text begin DIRECTION TO COMMISSIONER OF CORRECTIONS.
new text end

new text begin (a) The commissioner of corrections shall establish
criteria and procedures for the Minnesota Sex Offender Review
Board, established under Minnesota Statutes, section 244.0515.
The commissioner shall develop recommendations for the
composition, duties, procedures, and review criteria for release
of sex offenders. The proposed procedures and review criteria
shall be for use by the board in making release and revocation
decisions on offenders sentenced under Minnesota Statutes,
section 609.342, subdivision 2, paragraph (b); 609.343,
subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph
(b); 609.345, subdivision 2, paragraph (b); or 609.3453,
subdivision 2, paragraph (b). In establishing criteria and
procedures, the commissioner shall seek the input of the
end-of-confinement review committee at each state correctional
facility and at each state treatment facility where predatory
offenders are confined. The commissioner also shall seek input
from individuals knowledgeable in health and human services;
public safety; Minnesota's sex offender treatment program;
treatment of sex offenders; crime victim issues; criminal law;
sentencing guidelines; law enforcement; and probation,
supervised release, and conditional release.
new text end

new text begin (b) By December 15, 2005, the commissioner shall submit a
written report to the legislature containing proposed
composition, duties, procedures, and review criteria of the
Minnesota Sex Offender Board. This report also must include a
summary of the input gathered under paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

ARTICLE 3

SEX OFFENDERS:
TECHNICAL AND CONFORMING CHANGES

Section 1.

Minnesota Statutes 2004, section 243.166,
subdivision 1, is amended to read:

Subdivision 1.

Registration required.

(a) A person shall
register under this section if:

(1) the person was charged with or petitioned for a felony
violation of or attempt to violate any of the following, and
convicted of or adjudicated delinquent for that offense or
another offense arising out of the same set of circumstances:

(i) murder under section 609.185, clause (2); or

(ii) kidnapping under section 609.25; or

(iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; deleted text begin or deleted text end 609.3451, subdivision 3; new text begin or
609.3453; new text end or

(iv) indecent exposure under section 617.23, subdivision 3;
or

(2) the person was charged with or petitioned for falsely
imprisoning a minor in violation of section 609.255, subdivision
2; soliciting a minor to engage in prostitution in violation of
section 609.322 or 609.324; soliciting a minor to engage in
sexual conduct in violation of section 609.352; using a minor in
a sexual performance in violation of section 617.246; or
possessing pornographic work involving a minor in violation of
section 617.247, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of
circumstances; or

(3) the person deleted text begin was convicted of a predatory crime as
defined in section 609.108, and the offender deleted text end was sentenced deleted text begin as a
patterned sex offender or the court found on its own motion or
that of the prosecutor that the crime was part of a predatory
pattern of behavior that had criminal sexual conduct as its goal
deleted text end new text begin as a patterned sex offender under section 609.108 new text end ; or

(4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of
the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2),
or (3).

(b) A person also shall register under this section if:

(1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;

(2) the person enters the state to reside, or to work or
attend school; and

(3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is
subject to lifetime registration, in which case the person must
register for life regardless of when the person was released
from confinement, convicted, or adjudicated delinquent.

For purposes of this paragraph:

(i) "school" includes any public or private educational
institution, including any secondary school, trade or
professional institution, or institution of higher education,
that the person is enrolled in on a full-time or part-time
basis; and

(ii) "work" includes employment that is full time or part
time for a period of time exceeding 14 days or for an aggregate
period of time exceeding 30 days during any calendar year,
whether financially compensated, volunteered, or for the purpose
of government or educational benefit.

(c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10, or
a similar law of another state or the United States, regardless
of whether the person was convicted of any offense.

(d) A person also shall register under this section if:

(1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in
paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned
for a violation of any of the offenses listed in paragraph (a),
clause (2), or a similar law of another state or the United
States;

(2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or
found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and

(3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or
the United States.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 244.05,
subdivision 6, is amended to read:

Subd. 6.

Intensive supervised release.

The commissioner
may order that an inmate be placed on intensive supervised
release for all or part of the inmate's supervised release or
parole term if the commissioner determines that the action will
further the goals described in section 244.14, subdivision 1,
clauses (2), (3), and (4). In addition, the commissioner may
order that an inmate be placed on intensive supervised release
for all of the inmate's conditional or supervised release term
if the inmate was convicted of a sex offense under deleted text begin sections
deleted text end new text begin section new text end 609.342 deleted text begin to deleted text end new text begin , 609.343, 609.344, new text end 609.345 new text begin , or 609.3453 new text end or
was sentenced under the provisions of section 609.108. The
commissioner may impose appropriate conditions of release on the
inmate including but not limited to unannounced searches of the
inmate's person, vehicle, or premises by an intensive
supervision agent; compliance with court-ordered restitution, if
any; random drug testing; house arrest; daily curfews; frequent
face-to-face contacts with an assigned intensive supervision
agent; work, education, or treatment requirements; and
electronic surveillance. In addition, any sex offender placed
on intensive supervised release may be ordered to participate in
an appropriate sex offender program as a condition of release.
If the inmate violates the conditions of the intensive
supervised release, the commissioner shall impose sanctions as
provided in subdivision 3 and section 609.108.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 244.05,
subdivision 7, is amended to read:

Subd. 7.

Sex offenders; civil commitment determination.

(a) Before the commissioner releases from prison any inmate
convicted under deleted text begin sections deleted text end new text begin section new text end 609.342 deleted text begin to deleted text end new text begin , 609.343, 609.344,
new text end 609.345 new text begin , or 609.3453 new text end or sentenced as a patterned offender under
section 609.108, and determined by the commissioner to be in a
high risk category, the commissioner shall make a preliminary
determination whether, in the commissioner's opinion, a petition
under section 253B.185 may be appropriate.

(b) In making this decision, the commissioner shall have
access to the following data only for the purposes of the
assessment and referral decision:

(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;

(2) private and confidential court services data under
section 13.84;

(3) private and confidential corrections data under section
13.85; and

(4) private criminal history data under section 13.87.

(c) If the commissioner determines that a petition may be
appropriate, the commissioner shall forward this determination,
along with a summary of the reasons for the determination, to
the county attorney in the county where the inmate was convicted
no later than 12 months before the inmate's release date. If
the inmate is received for incarceration with fewer than 12
months remaining in the inmate's term of imprisonment, or if the
commissioner receives additional information less than 12 months
before release which makes the inmate's case appropriate for
referral, the commissioner shall forward the determination as
soon as is practicable. Upon receiving the commissioner's
preliminary determination, the county attorney shall proceed in
the manner provided in section 253B.185. The commissioner shall
release to the county attorney all requested documentation
maintained by the department.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 609.109,
subdivision 2, is amended to read:

Subd. 2.

Presumptive executed sentence.

Except as
provided in subdivision 3 or 4, if a person is convicted under
sections 609.342 to deleted text begin 609.345 deleted text end new text begin 609.3453 new text end , 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:

(1) incarceration in a local jail or workhouse; and

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 609.109,
subdivision 5, is amended to read:

Subd. 5.

Previous sex offense convictions.

For the
purposes of this section, a conviction is considered a previous
sex offense conviction if the person was convicted of a sex
offense before the commission of the present offense of
conviction. A person has two previous sex offense convictions
only if the person was convicted and sentenced for a sex offense
committed after the person was earlier convicted and sentenced
for a sex offense, both convictions preceded the commission of
the present offense of conviction, and 15 years have not elapsed
since the person was discharged from the sentence imposed for
the second conviction. A "sex offense" is a violation of
sections 609.342 to deleted text begin 609.345 deleted text end new text begin 609.3453 new text end or any similar statute of
the United States, this state, or any other state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 609.117,
subdivision 1, is amended to read:

Subdivision 1.

Upon sentencing.

The court shall order an
offender to provide a biological specimen for the purpose of DNA
analysis as defined in section 299C.155 when:

(1) the court sentences a person charged with violating or
attempting to violate any of the following, and the person is
convicted of that offense or of any offense arising out of the
same set of circumstances:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3451, subdivision 3 new text begin , or
609.3453 new text end ;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3;

(2) the court sentences a person as a patterned sex
offender under section 609.108; or

(3) the juvenile court adjudicates a person a delinquent
child who is the subject of a delinquency petition for violating
or attempting to violate any of the following, and the
delinquency adjudication is based on a violation of one of those
sections or of any offense arising out of the same set of
circumstances:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3451, subdivision 3 new text begin , or
609.3453 new text end ;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3.

The biological specimen or the results of the analysis shall be
maintained by the Bureau of Criminal Apprehension as provided in
section 299C.155.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 609.117,
subdivision 2, is amended to read:

Subd. 2.

Before release.

The commissioner of corrections
or local corrections authority shall order a person to provide a
biological specimen for the purpose of DNA analysis before
completion of the person's term of imprisonment when the person
has not provided a biological specimen for the purpose of DNA
analysis and the person:

(1) is currently serving a term of imprisonment for or has
a past conviction for violating or attempting to violate any of
the following or a similar law of another state or the United
States or initially charged with violating one of the following
sections or a similar law of another state or the United States
and convicted of another offense arising out of the same set of
circumstances:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3451, subdivision 3 new text begin , or
609.3453 new text end ;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3;
or

(2) was sentenced as a patterned sex offender under section
609.108, and committed to the custody of the commissioner of
corrections; or

(3) is serving a term of imprisonment in this state under a
reciprocal agreement although convicted in another state of an
offense described in this subdivision or a similar law of the
United States or any other state. The commissioner of
corrections or local corrections authority shall forward the
sample to the Bureau of Criminal Apprehension.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 609.1351, is
amended to read:

609.1351 PETITION FOR CIVIL COMMITMENT.

When a court sentences a person under section 609.108,
609.342, 609.343, 609.344, deleted text begin or deleted text end 609.345, new text begin or 609.3453, new text end the court
shall make a preliminary determination whether in the court's
opinion a petition under section 253B.185 may be appropriate and
include the determination as part of the sentencing order. If
the court determines that a petition may be appropriate, the
court shall forward its preliminary determination along with
supporting documentation to the county attorney.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2004, section 609.347, is
amended to read:

609.347 EVIDENCE new text begin IN CRIMINAL SEXUAL CONDUCT CASES new text end .

Subdivision 1. In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451 new text begin , or 609.3453 new text end , the testimony of a victim need
not be corroborated.

Subd. 2. In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451, new text begin or 609.3453, new text end there is no need to show that
the victim resisted the accused.

Subd. 3. In a prosecution under sections 609.109, 609.342
to 609.3451, new text begin 609.3453, new text end or 609.365, evidence of the victim's
previous sexual conduct shall not be admitted nor shall any
reference to such conduct be made in the presence of the jury,
except by court order under the procedure provided in
subdivision 4. The evidence can be admitted only if the
probative value of the evidence is not substantially outweighed
by its inflammatory or prejudicial nature and only in the
circumstances set out in paragraphs (a) and (b). For the
evidence to be admissible under paragraph (a), subsection (i),
the judge must find by a preponderance of the evidence that the
facts set out in the accused's offer of proof are true. For the
evidence to be admissible under paragraph (a), subsection (ii)
or paragraph (b), the judge must find that the evidence is
sufficient to support a finding that the facts set out in the
accused's offer of proof are true, as provided under Rule 901 of
the Rules of Evidence.

(a) When consent of the victim is a defense in the case,
the following evidence is admissible:

(i) evidence of the victim's previous sexual conduct
tending to establish a common scheme or plan of similar sexual
conduct under circumstances similar to the case at issue. In
order to find a common scheme or plan, the judge must find that
the victim made prior allegations of sexual assault which were
fabricated; and

(ii) evidence of the victim's previous sexual conduct with
the accused.

(b) When the prosecution's case includes evidence of semen,
pregnancy, or disease at the time of the incident or, in the
case of pregnancy, between the time of the incident and trial,
evidence of specific instances of the victim's previous sexual
conduct is admissible solely to show the source of the semen,
pregnancy, or disease.

Subd. 4. The accused may not offer evidence described in
subdivision 3 except pursuant to the following procedure:

(a) A motion shall be made by the accused at least three
business days prior to trial, unless later for good cause shown,
setting out with particularity the offer of proof of the
evidence that the accused intends to offer, relative to the
previous sexual conduct of the victim;

(b) If the court deems the offer of proof sufficient, the
court shall order a hearing out of the presence of the jury, if
any, and in such hearing shall allow the accused to make a full
presentation of the offer of proof;

(c) At the conclusion of the hearing, if the court finds
that the evidence proposed to be offered by the accused
regarding the previous sexual conduct of the victim is
admissible under subdivision 3 and that its probative value is
not substantially outweighed by its inflammatory or prejudicial
nature, the court shall make an order stating the extent to
which evidence is admissible. The accused may then offer
evidence pursuant to the order of the court;

(d) If new information is discovered after the date of the
hearing or during the course of trial, which may make evidence
described in subdivision 3 admissible, the accused may make an
offer of proof pursuant to clause (a) and the court shall order
an in camera hearing to determine whether the proposed evidence
is admissible by the standards herein.

Subd. 5. In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451 new text begin , or 609.3453 new text end , the court shall not instruct
the jury to the effect that:

(a) It may be inferred that a victim who has previously
consented to sexual intercourse with persons other than the
accused would be therefore more likely to consent to sexual
intercourse again; or

(b) The victim's previous or subsequent sexual conduct in
and of itself may be considered in determining the credibility
of the victim; or

(c) Criminal sexual conduct is a crime easily charged by a
victim but very difficult to disprove by an accused because of
the heinous nature of the crime; or

(d) The jury should scrutinize the testimony of the victim
any more closely than it should scrutinize the testimony of any
witness in any felony prosecution.

Subd. 6. (a) In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451 new text begin , or 609.3453, new text end involving a psychotherapist
and patient, evidence of the patient's personal or medical
history is not admissible except when:

(1) the accused requests a hearing at least three business
days prior to trial and makes an offer of proof of the relevancy
of the history; and

(2) the court finds that the history is relevant and that
the probative value of the history outweighs its prejudicial
value.

(b) The court shall allow the admission only of specific
information or examples of conduct of the victim that are
determined by the court to be relevant. The court's order shall
detail the information or conduct that is admissible and no
other evidence of the history may be introduced.

(c) Violation of the terms of the order is grounds for
mistrial but does not prevent the retrial of the accused.

Subd. 7.

Effect of statute on rules.

Rule 412 of the
Rules of Evidence is superseded to the extent of its conflict
with this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609.3471, is
amended to read:

609.3471 RECORDS PERTAINING TO VICTIM IDENTITY
CONFIDENTIAL.

Notwithstanding any provision of law to the contrary, no
data contained in records or reports relating to petitions,
complaints, or indictments issued pursuant to section new text begin 13.871;
new text end 609.342; 609.343; 609.344; deleted text begin or deleted text end 609.345 new text begin ; or 609.3453, new text end which
specifically identifies a victim who is a minor shall be
accessible to the public, except by order of the court. Nothing
in this section authorizes denial of access to any other data
contained in the records or reports, including the identity of
the defendant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2004, section 609.348, is
amended to read:

609.348 MEDICAL PURPOSES; EXCLUSION.

Sections 609.109 deleted text begin and deleted text end new text begin , new text end 609.342 to 609.3451 new text begin , and 609.3453 new text end do
not apply to sexual penetration or sexual contact when done for
a bona fide medical purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2004, section 609.353, is
amended to read:

609.353 JURISDICTION.

A violation or attempted violation of section 609.342,
609.343, 609.344, 609.345, 609.3451, new text begin 609.3453, new text end or 609.352 may be
prosecuted in any jurisdiction in which the violation originates
or terminates.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2004, section 631.045, is
amended to read:

631.045 EXCLUDING SPECTATORS FROM THE COURTROOM.

At the trial of a complaint or indictment for a violation
of sections 609.109, 609.341 to 609.3451, new text begin 609.3453, new text end or 617.246,
subdivision 2, when a minor under 18 years of age is the person
upon, with, or against whom the crime is alleged to have been
committed, the judge may exclude the public from the courtroom
during the victim's testimony or during all or part of the
remainder of the trial upon a showing that closure is necessary
to protect a witness or ensure fairness in the trial. The judge
shall give the prosecutor, defendant and members of the public
the opportunity to object to the closure before a closure order.
The judge shall specify the reasons for closure in an order
closing all or part of the trial. Upon closure the judge shall
only admit persons who have a direct interest in the case.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 14. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall renumber Minnesota
Statutes, section 609.3452, as Minnesota Statutes, section
609.3457, and correct cross-references. In addition, the
revisor shall delete the reference in Minnesota Statutes,
section 13.871, subdivision 3, paragraph (d), to Minnesota
Statutes, section 609.3452, and insert a reference to Minnesota
Statutes, section 609.3457. The revisor shall include a
notation in Minnesota Statutes to inform readers of the statutes
of the renumbering of section 609.3457.
new text end

new text begin (b) In addition to the specific changes described in
paragraph (a), the revisor of statutes shall make other
technical changes necessitated by this act.
new text end

ARTICLE 4

MISCELLANEOUS PROVISIONS

Section 1.

Minnesota Statutes 2004, section 144.335, is
amended by adding a subdivision to read:

new text begin Subd. 3d. new text end

new text begin Criminal history information;
classification. new text end

new text begin A provider that receives criminal history
information about a patient from the Department of Corrections
or the Department of Human Services must include that
information in the patient's health record. The criminal
history information may only be used and disclosed as provided
in this section and applicable federal law.
new text end

Sec. 2.

Minnesota Statutes 2004, section 241.67,
subdivision 3, is amended to read:

Subd. 3.

Programs for adult offenders committed to the
commissioner.

(a) The commissioner shall provide for a range of
sex offender programs, including intensive sex offender
programs, within the state adult correctional facility system.
Participation in any program is subject to the rules and
regulations of the Department of Corrections. Nothing in this
section requires the commissioner to accept or retain an
offender in a program if the offender is determined by prison
professionals as unamenable to programming within the prison
system or if the offender refuses or fails to comply with the
program's requirements. Nothing in this section creates a right
of an offender to treatment.

(b) The commissioner shall new text begin develop a plan to new text end provide for
residential and outpatient sex offender programming and
aftercare when required for conditional release under section
609.108 or as a condition of supervised release. new text begin The plan may
include co-payments from the offender, third-party payers, local
agencies, or other funding sources as they are identified.
new text end

Sec. 3.

Minnesota Statutes 2004, section 242.195,
subdivision 1, is amended to read:

Subdivision 1.

Sex offender programs.

(a) The
commissioner of corrections shall new text begin develop a plan to new text end provide for
a range of sex offender programs, including intensive sex
offender programs, for juveniles within state juvenile
correctional facilities and through purchase of service from
county and private residential and outpatient juvenile sex
offender programs. new text begin The plan may include co-payments from the
offenders, third-party payers, local agencies, and other funding
sources as they are identified.
new text end

(b) The commissioner shall establish and operate a
residential sex offender program at one of the state juvenile
correctional facilities. The program must be structured to
address both the therapeutic and disciplinary needs of juvenile
sex offenders. The program must afford long-term residential
treatment for a range of juveniles who have committed sex
offenses and have failed other treatment programs or are not
likely to benefit from an outpatient or a community-based
residential treatment program.

Sec. 4.

Minnesota Statutes 2004, section 253B.02,
subdivision 4a, is amended to read:

Subd. 4a.

Crime against the person.

new text begin (a) "Crime" has the
meaning given to "violent crime" in section 609.1095, and
includes offenses within the definition of "crime against the
person" in section 253B.02, subdivision 4a, and also includes
offenses listed in section 253B.02, subdivision 7a, paragraph
(b), regardless of whether they are sexually motivated.
new text end

new text begin (b) new text end "Crime against the person" means a violation of or
attempt to violate any of the following provisions: sections
609.185 (murder in the first degree); 609.19 (murder in the
second degree); 609.195 (murder in the third degree); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the
second degree); 609.21 (criminal vehicular homicide and injury);
609.215 (suicide); 609.221 (assault in the first degree);
609.222 (assault in the second degree); 609.223 (assault in the
third degree); 609.224 (assault in the fifth degree); 609.2242
(domestic assault); 609.23 (mistreatment of persons confined);
609.231 (mistreatment of residents or patients); 609.2325
(criminal abuse); 609.233 (criminal neglect); 609.2335
(financial exploitation of a vulnerable adult); 609.235 (use of
drugs to injure or facilitate crime); 609.24 (simple robbery);
609.245 (aggravated robbery); 609.25 (kidnapping); 609.255
(false imprisonment); 609.265 (abduction); 609.27, subdivision
1, clause (1) or (2) (coercion); 609.28 (interfering with
religious observance) if violence or threats of violence were
used; 609.322, subdivision 1, clause (2) (solicitation); 609.342
(criminal sexual conduct in the first degree); 609.343 (criminal
sexual conduct in the second degree); 609.344 (criminal sexual
conduct in the third degree); 609.345 (criminal sexual conduct
in the fourth degree); 609.365 (incest); 609.498, subdivision 1
(tampering with a witness); 609.50, clause (1) (obstructing
legal process, arrest, and firefighting); 609.561 (arson in the
first degree); 609.562 (arson in the second degree); 609.595
(damage to property); and 609.72, subdivision 3 (disorderly
conduct by a caregiver).

Sec. 5.

Minnesota Statutes 2004, section 253B.02, is
amended by adding a subdivision to read:

new text begin Subd. 4c. new text end

new text begin Convicted; conviction. new text end

new text begin "Convicted" and
"conviction" include findings under Minnesota Rules of Criminal
Procedure, Rule 20.02, that the elements of a crime have been
proved.
new text end

Sec. 6.

Minnesota Statutes 2004, section 253B.02, is
amended by adding a subdivision to read:

new text begin Subd. 27. new text end

new text begin Victim. new text end

new text begin "Victim" means a person who has
incurred loss or harm as a result of a crime the behavior for
which forms the basis for a commitment under this section or
section 253B.185.
new text end

Sec. 7.

Minnesota Statutes 2004, section 253B.08,
subdivision 2, is amended to read:

Subd. 2.

Notice of hearing.

new text begin (a) new text end The proposed patient,
patient's counsel, the petitioner, the county attorney, and any
other persons as the court directs shall be given at least five
days' notice that a hearing will be held and at least two days'
notice of the time and date of the hearing, except that any
person may waive notice. Notice to the proposed patient may be
waived by patient's counsel.

new text begin (b) A county attorney who files a petition to commit a
person under section 253B.18 or 253B.185 shall make a reasonable
effort to provide prompt notice of filing the petition to any
victim of a crime for which the person was convicted. In
addition, the county attorney shall make a reasonable effort to
promptly notify the victim of the resolution of the petition.
new text end

Sec. 8.

Minnesota Statutes 2004, section 253B.18,
subdivision 5, is amended to read:

Subd. 5.

Petition; notice of hearing; attendance; order.

(a) A petition for an order of transfer, discharge, provisional
discharge, or revocation of provisional discharge shall be filed
with the commissioner and may be filed by the patient or by the
head of the treatment facility. A patient may not petition the
special review board for six months following commitment under
subdivision 3 or following the final disposition of any previous
petition and subsequent appeal by the patient. The medical
director may petition at any time.

(b) Fourteen days prior to the hearing, the committing
court, the county attorney of the county of commitment, the
designated agency, interested person, the petitioner, and the
petitioner's counsel shall be given written notice by the
commissioner of the time and place of the hearing before the
special review board. Only those entitled to statutory notice
of the hearing or those administratively required to attend may
be present at the hearing. The patient may designate interested
persons to receive notice by providing the names and addresses
to the commissioner at least 21 days before the hearing. The
board shall provide the commissioner with written findings of
fact and recommendations within 21 days of the hearing. The
commissioner shall issue an order no later than 14 days after
receiving the recommendation of the special review board. A
copy of the order shall be sent by certified mail to every
person entitled to statutory notice of the hearing within five
days after it is signed. No order by the commissioner shall be
effective sooner than 30 days after the order is signed, unless
the county attorney, the patient, and the commissioner agree
that it may become effective sooner.

(c) The special review board shall hold a hearing on each
petition prior to making its recommendation to the
commissioner. The special review board proceedings are not
contested cases as defined in chapter 14. Any person or agency
receiving notice that submits documentary evidence to the
special review board prior to the hearing shall also provide
copies to the patient, the patient's counsel, the county
attorney of the county of commitment, the case manager, and the
commissioner.

(d) Prior to the final decision by the commissioner, the
special review board may be reconvened to consider events or
circumstances that occurred subsequent to the hearing.

new text begin (e) In making its recommendations, the special review board
or commissioner must consider any statements received from
victims under subdivision 5a.
new text end

Sec. 9.

Minnesota Statutes 2004, section 253B.18, is
amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Victim notification. new text end

new text begin (a) Before provisionally
discharging, discharging, granting pass-eligible status,
approving a pass plan, or otherwise permanently or temporarily
releasing a person committed under this section or section
253B.185 from a treatment facility, the head of the treatment
facility shall make a reasonable effort to notify any victim of
a crime for which the person was convicted that the person may
be discharged or released and that the victim has a right to
submit a written statement to the special review board or the
commissioner with respect to the person. To the extent
possible, the notice must be provided at least 14 days before
any special review board hearing or before a determination on a
pass plan.
new text end

new text begin (b) This subdivision applies only to victims who have
requested notification by contacting, in writing, the county
attorney in the county where the conviction for the crime
occurred. A county attorney who receives a request for
notification under this paragraph shall promptly forward the
request to the commissioner of human services.
new text end

new text begin (c) The rights under this subdivision are in addition to
rights available to a victim under chapter 611A.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609.108,
subdivision 7, is amended to read:

Subd. 7.

Commissioner of corrections.

The commissioner
shall new text begin develop a plan to new text end pay the cost of treatment of a person
released under subdivision 6. new text begin The plan may include co-payments
from offenders, third-party payers, local agencies, or other
funding sources as they are identified. new text end This section does not
require the commissioner to accept or retain an offender in a
treatment program.

Sec. 11.

Minnesota Statutes 2004, section 609.109,
subdivision 7, is amended to read:

Subd. 7.

Conditional release of sex offenders.

(a)
Notwithstanding the statutory maximum sentence otherwise
applicable to the offense or any provision of the Sentencing
Guidelines, when a court sentences a person to prison for a
violation of section 609.342, 609.343, 609.344, or 609.345, the
court shall provide that after the person has completed the
sentence imposed, the commissioner of corrections shall place
the person on conditional release. If the person was convicted
for a violation of section 609.342, 609.343, 609.344, or
609.345, the person shall be placed on conditional release for
five years, minus the time the person served on supervised
release. If the person was convicted for a violation of one of
those sections after a previous sex offense conviction as
defined in subdivision 5, or sentenced under subdivision 6 to a
mandatory departure, the person shall be placed on conditional
release for ten years, minus the time the person served on
supervised release.

(b) The conditions of release may include successful
completion of treatment and aftercare in a program approved by
the commissioner, satisfaction of the release conditions
specified in section 244.05, subdivision 6, and any other
conditions the commissioner considers appropriate. If the
offender fails to meet any condition of release, the
commissioner may revoke the offender's conditional release and
order that the offender serve the remaining portion of the
conditional release term in prison. The commissioner shall not
dismiss the offender from supervision before the conditional
release term expires.

Conditional release under this subdivision is governed by
provisions relating to supervised release, except as otherwise
provided in this subdivision, section 244.04, subdivision 1, or
244.05.

(c) The commissioner shall new text begin develop a plan to new text end pay the cost
of treatment of a person released under this subdivision. new text begin The
plan may include co-payments from offenders, third-party payers,
local agencies, and other funding sources as they are
identified. new text end This section does not require the commissioner to
accept or retain an offender in a treatment program.

Sec. 12.

Minnesota Statutes 2004, section 609.485,
subdivision 2, is amended to read:

Subd. 2.

Acts prohibited.

Whoever does any of the
following may be sentenced as provided in subdivision 4:

(1) escapes while held pursuant to a lawful arrest, in
lawful custody on a charge or conviction of a crime, or while
held in lawful custody on an allegation or adjudication of a
delinquent act;

(2) transfers to another, who is in lawful custody on a
charge or conviction of a crime, or introduces into an
institution in which the latter is confined, anything usable in
making such escape, with intent that it shall be so used;

(3) having another in lawful custody on a charge or
conviction of a crime, intentionally permits the other to
escape;

(4) escapes while in a facility designated under section
253B.18, subdivision 1, pursuant to a court commitment order
after a finding of not guilty by reason of mental illness or
mental deficiency of a crime against the person, as defined in
section 253B.02, subdivision 4a. Notwithstanding section
609.17, no person may be charged with or convicted of an attempt
to commit a violation of this clause; deleted text begin or
deleted text end

(5) escapes while in a facility designated under section
253B.18, subdivision 1, pursuant to a court commitment order
under section 253B.185 or Minnesota Statutes 1992, section
526.10 new text begin ; or
new text end

new text begin (6) escapes while on pass status or provisional discharge
according to section 253B.18 new text end .

For purposes of clause (1), "escapes while held in lawful
custody" includes absconding from electronic monitoring or
absconding after removing an electronic monitoring device from
the person's body.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2004, section 609.485,
subdivision 4, is amended to read:

Subd. 4.

Sentence.

(a) Except as otherwise provided in
subdivision 3a, whoever violates this section may be sentenced
as follows:

(1) if the person who escapes is in lawful custody for a
felony, to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both;

(2) if the person who escapes is in lawful custody after a
finding of not guilty by reason of mental illness or mental
deficiency of a crime against the person, as defined in section
253B.02, subdivision 4a, or pursuant to a court commitment order
under section 253B.185 or Minnesota Statutes 1992, section
526.10, to imprisonment for not more than one year and one day
or to payment of a fine of not more than $3,000, or both; deleted text begin or
deleted text end

(3) if the person who escapes is in lawful custody for a
gross misdemeanor or misdemeanor, or if the person who escapes
is in lawful custody on an allegation or adjudication of a
delinquent act, to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both new text begin ; or
new text end

new text begin (4) if the person who escapes is under civil commitment
under sections 253B.18 and 253B.185, to imprisonment for not
more than one year and one day or to payment of a fine of not
more than $3,000, or both new text end .

(b) If the escape was a violation of subdivision 2, clause
(1), (2), or (3), and was effected by violence or threat of
violence against a person, the sentence may be increased to not
more than twice those permitted in paragraph (a), clauses (1)
and (3).

(c) Unless a concurrent term is specified by the court, a
sentence under this section shall be consecutive to any sentence
previously imposed or which may be imposed for any crime or
offense for which the person was in custody when the person
escaped.

(d) Notwithstanding paragraph (c), if a person who was
committed to the commissioner of corrections under section
260B.198 escapes from the custody of the commissioner while 18
years of age, the person's sentence under this section shall
commence on the person's 19th birthday or on the person's date
of discharge by the commissioner of corrections, whichever
occurs first. However, if the person described in this clause
is convicted under this section after becoming 19 years old and
after having been discharged by the commissioner, the person's
sentence shall commence upon imposition by the sentencing court.

(e) Notwithstanding paragraph (c), if a person who is in
lawful custody on an allegation or adjudication of a delinquent
act while 18 years of age escapes from a local juvenile
correctional facility, the person's sentence under this section
begins on the person's 19th birthday or on the person's date of
discharge from the jurisdiction of the juvenile court, whichever
occurs first. However, if the person described in this
paragraph is convicted after becoming 19 years old and after
discharge from the jurisdiction of the juvenile court, the
person's sentence begins upon imposition by the sentencing court.

(f) Notwithstanding paragraph (a), any person who escapes
or absconds from electronic monitoring or removes an electric
monitoring device from the person's body is guilty of a crime
and shall be sentenced to imprisonment for not more than one
year or to a payment of a fine of not more than $3,000, or
both. A person in lawful custody for a violation of section
609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221,
609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345,
or 609.3451 who escapes or absconds from electronic monitoring
or removes an electronic monitoring device while under sentence
may be sentenced to imprisonment for not more than five years or
to a payment of a fine of not more than $10,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2004, section 617.23,
subdivision 2, is amended to read:

Subd. 2.

Gross misdemeanor.

A person who deleted text begin commits any of
the following acts is guilty of a gross misdemeanor:
deleted text end

deleted text begin (1) the person violates subdivision 1 in the presence of a
minor under the age of 16; or
deleted text end

deleted text begin (2) the person deleted text end violates subdivision 1 after having been
previously convicted of violating subdivision 1, sections
609.342 to 609.3451, or a statute from another state in
conformity with any of those sections new text begin , is guilty of a gross
misdemeanor new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2004, section 617.23,
subdivision 3, is amended to read:

Subd. 3.

Felony.

A person is guilty of a felony and may
be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both, if:

(1) the person violates subdivision 2, clause (1), after
having been previously convicted of or adjudicated delinquent
for violating subdivision 2, clause (1); section 609.3451,
subdivision 1, clause (2); or a statute from another state in
conformity with subdivision 2, clause (1), or section 609.3451,
subdivision 1, clause (2); deleted text begin or
deleted text end

(2) the person commits a violation of subdivision 1, clause
(1), in the presence of another person while intentionally
confining that person or otherwise intentionally restricting
that person's freedom to move new text begin ; or
new text end

new text begin (3) the person violates subdivision 1 in the presence of an
unaccompanied minor under the age of 16 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 16. new text begin SUPREME COURT TASK FORCE; STUDY REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Minnesota Supreme
Court is requested to establish a task force to study the use of
the court system as an alternative to the administrative process
of the special review board for reductions in custody and
discharge from commitment of those persons committed as a
sexually dangerous person or sexual psychopathic personality
under Minnesota Statutes, section 253B.185.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The task force shall consist of the
following:
new text end

new text begin (1) a representative from the Supreme Court;
new text end

new text begin (2) a court administrator;
new text end

new text begin (3) a district court judge;
new text end

new text begin (4) a county attorney selected by the county attorney's
association;
new text end

new text begin (5) a representative from the Attorney General's Office;
new text end

new text begin (6) the Ombudsman for Mental Health and Mental Retardation;
new text end

new text begin (7) a law enforcement representative;
new text end

new text begin (8) a county case manager;
new text end

new text begin (9) a victim services representative;
new text end

new text begin (10) a person experienced in treating sex offenders;
new text end

new text begin (11) a defense attorney;
new text end

new text begin (12) the commissioner of human services or designee;
new text end

new text begin (13) the state-operated services forensic medical director
or designee;
new text end

new text begin (14) the commissioner of corrections, or designee;
new text end

new text begin (15) a representative from community corrections;
new text end

new text begin (16) a member of the special review board; and
new text end

new text begin (17) any other persons deemed necessary by the Minnesota
Supreme Court.
new text end

new text begin Subd. 3. new text end

new text begin Recommendations. new text end

new text begin The task force shall be
convened no later than August 1, 2005. The task force shall
examine current law and practices relating to the reduction in
custody and discharge of persons committed as a sexually
dangerous person or sexual psychopathic personality. The task
forces shall examine the laws of other jurisdictions and shall
make recommendations regarding reduction in custody and
discharge procedures and release criteria. The recommendations
may suggest the establishment of a judicial process rather than
the special review board to authorize a reduction in custody or
discharge.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The task force shall report to the
chairs of the house public safety policy and finance committee
and the senate crime prevention and public safety committee with
recommendations by December 15, 2005.
new text end

ARTICLE 5

PREDATORY OFFENDER REGISTRY

Section 1.

Minnesota Statutes 2004, section 13.82, is
amended by adding a subdivision to read:

new text begin Subd. 28. new text end

new text begin Disclosure of sex offender registrant status.
new text end

new text begin Law enforcement agency disclosure to health facilities of the
registrant status of a registered sex offender is governed by
section 244.052.
new text end

Sec. 2.

Minnesota Statutes 2004, section 144A.135, is
amended to read:

144A.135 TRANSFER AND DISCHARGE APPEALS.

(a) The commissioner shall establish a mechanism for
hearing appeals on transfers and discharges of residents by
nursing homes or boarding care homes licensed by the
commissioner. The commissioner may adopt permanent rules to
implement this section.

(b) Until federal regulations are adopted under sections
1819(f)(3) and 1919(f)(3) of the Social Security Act that govern
appeals of the discharges or transfers of residents from nursing
homes and boarding care homes certified for participation in
Medicare or medical assistance, the commissioner shall provide
hearings under sections 14.57 to 14.62 and the rules adopted by
the Office of Administrative Hearings governing contested
cases. To appeal the discharge or transfer, or notification of
an intended discharge or transfer, a resident or the resident's
representative must request a hearing in writing no later than
30 days after receiving written notice, which conforms to state
and federal law, of the intended discharge or transfer.

(c) Hearings under this section shall be held no later than
14 days after receipt of the request for hearing, unless
impractical to do so or unless the parties agree otherwise.
Hearings shall be held in the facility in which the resident
resides, unless impractical to do so or unless the parties agree
otherwise.

(d) A resident who timely appeals a notice of discharge or
transfer, and who resides in a certified nursing home or
boarding care home, may not be discharged or transferred by the
nursing home or boarding care home until resolution of the
appeal. The commissioner can order the facility to readmit the
resident if the discharge or transfer was in violation of state
or federal law. If the resident is required to be hospitalized
for medical necessity before resolution of the appeal, the
facility shall readmit the resident unless the resident's
attending physician documents, in writing, why the resident's
specific health care needs cannot be met in the facility.

(e) The commissioner and Office of Administrative Hearings
shall conduct the hearings in compliance with the federal
regulations described in paragraph (b), when adopted.

(f) Nothing in this section limits the right of a resident
or the resident's representative to request or receive
assistance from the Office of Ombudsman for Older Minnesotans or
the Office of Health Facility Complaints with respect to an
intended discharge or transfer.

new text begin (g) A person required to inform a health care facility of
the person's status as a registered sex offender under section
243.166, subdivision 4b, who knowingly fails to do so shall be
deemed to have endangered the safety of individuals in the
facility under Code of Federal Regulations, chapter 42, section
483.12. Notwithstanding paragraph (d), any appeal of the notice
and discharge shall not constitute a stay of the discharge.
new text end

Sec. 3.

Minnesota Statutes 2004, section 243.166, is
amended to read:

243.166 REGISTRATION OF PREDATORY OFFENDERS.

deleted text begin Subdivision 1. deleted text end

deleted text begin Registration required. deleted text end

deleted text begin (a) A person shall
register under this section if:
deleted text end

deleted text begin (1) the person was charged with or petitioned for a felony
violation of or attempt to violate any of the following, and
convicted of or adjudicated delinquent for that offense or
another offense arising out of the same set of circumstances:
deleted text end

deleted text begin (i) murder under section 609.185, clause (2); or
deleted text end

deleted text begin (ii) kidnapping under section 609.25; or
deleted text end

deleted text begin (iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
deleted text end

deleted text begin (iv) indecent exposure under section 617.23, subdivision 3;
or
deleted text end

deleted text begin (2) the person was charged with or petitioned for falsely
imprisoning a minor in violation of section 609.255, subdivision
2; soliciting a minor to engage in prostitution in violation of
section 609.322 or 609.324; soliciting a minor to engage in
sexual conduct in violation of section 609.352; using a minor in
a sexual performance in violation of section 617.246; or
possessing pornographic work involving a minor in violation of
section 617.247, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of
circumstances; or
deleted text end

deleted text begin (3) the person was convicted of a predatory crime as
defined in section 609.108, and the offender was sentenced as a
patterned sex offender or the court found on its own motion or
that of the prosecutor that the crime was part of a predatory
pattern of behavior that had criminal sexual conduct as its
goal; or
deleted text end

deleted text begin (4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of
the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2),
or (3).
deleted text end

deleted text begin (b) A person also shall register under this section if:
deleted text end

deleted text begin (1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
deleted text end

deleted text begin (2) the person enters the state to reside, or to work or
attend school; and
deleted text end

deleted text begin (3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is
subject to lifetime registration, in which case the person must
register for life regardless of when the person was released
from confinement, convicted, or adjudicated delinquent.
deleted text end

deleted text begin For purposes of this paragraph:
deleted text end

deleted text begin (i) "school" includes any public or private educational
institution, including any secondary school, trade or
professional institution, or institution of higher education,
that the person is enrolled in on a full-time or part-time
basis; and
deleted text end

deleted text begin (ii) "work" includes employment that is full time or part
time for a period of time exceeding 14 days or for an aggregate
period of time exceeding 30 days during any calendar year,
whether financially compensated, volunteered, or for the purpose
of government or educational benefit.
deleted text end

deleted text begin (c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10, or
a similar law of another state or the United States, regardless
of whether the person was convicted of any offense.
deleted text end

deleted text begin (d) A person also shall register under this section if:
deleted text end

deleted text begin (1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in
paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned
for a violation of any of the offenses listed in paragraph (a),
clause (2), or a similar law of another state or the United
States;
deleted text end

deleted text begin (2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or
found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
deleted text end

deleted text begin (3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or
the United States.
deleted text end

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section,
unless the context clearly indicates otherwise, the following
terms have the meanings given them.
new text end

new text begin (b) "Bureau" means the Bureau of Criminal Apprehension.
new text end

new text begin (c) "Dwelling" means the building where the person lives
under a formal or informal agreement to do so.
new text end

new text begin (d) "Incarceration" and "confinement" do not include
electronic home monitoring.
new text end

new text begin (e) "Law enforcement authority" or "authority" means, with
respect to a home rule charter or statutory city, the chief of
police, and with respect to an unincorporated area, the county
sheriff.
new text end

new text begin (f) "Motor vehicle" has the meaning given in section
169.01, subdivision 2.
new text end

new text begin (g) "Primary address" means the mailing address of the
person's dwelling. If the mailing address is different from the
actual location of the dwelling, "primary address" also includes
the physical location of the dwelling described with as much
specificity as possible.
new text end

new text begin (h) "School" includes any public or private educational
institution, including any secondary school, trade, or
professional institution, or institution of higher education,
that the person is enrolled in on a full-time or part-time basis.
new text end

new text begin (i) "Secondary address" means the mailing address of any
place where the person regularly or occasionally stays overnight
when not staying at the person's primary address. If the
mailing address is different from the actual location of the
place, secondary address also includes the physical location of
the place described with as much specificity as possible.
new text end

new text begin (j) "Treatment facility" means a residential facility, as
defined in section 244.052, subdivision 1, and residential
chemical dependency treatment programs and halfway houses
licensed under chapter 245A, including, but not limited to,
those facilities directly or indirectly assisted by any
department or agency of the United States.
new text end

new text begin (k) "Work" includes employment that is full time or part
time for a period of time exceeding 14 days or for an aggregate
period of time exceeding 30 days during any calendar year,
whether financially compensated, volunteered, or for the purpose
of government or educational benefit.
new text end

new text begin Subd. 1b. new text end

new text begin Registration required. new text end

new text begin (a) A person shall
register under this section if:
new text end

new text begin (1) the person was charged with or petitioned for a felony
violation of or attempt to violate, or aiding, abetting, or
conspiracy to commit, any of the following, and convicted of or
adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances:
new text end

new text begin (i) murder under section 609.185, clause (2);
new text end

new text begin (ii) kidnapping under section 609.25;
new text end

new text begin (iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
new text end

new text begin (iv) indecent exposure under section 617.23, subdivision 3;
new text end

new text begin (2) the person was charged with or petitioned for a
violation of, or attempt to violate, or aiding, abetting, or
conspiracy to commit false imprisonment in violation of section
609.255, subdivision 2; soliciting a minor to engage in
prostitution in violation of section 609.322 or 609.324;
soliciting a minor to engage in sexual conduct in violation of
section 609.352; using a minor in a sexual performance in
violation of section 617.246; or possessing pornographic work
involving a minor in violation of section 617.247, and convicted
of or adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances;
new text end

new text begin (3) the person was sentenced as a patterned sex offender
under section 609.108; or
new text end

new text begin (4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of
the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2),
or (3).
new text end

new text begin (b) A person also shall register under this section if:
new text end

new text begin (1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
new text end

new text begin (2) the person enters this state to reside, work, or attend
school, or enters this state and remains for 14 days or longer;
and
new text end

new text begin (3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is
subject to lifetime registration, in which case the person shall
register for life regardless of when the person was released
from confinement, convicted, or adjudicated delinquent.
new text end

new text begin (c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10, or
a similar law of another state or the United States, regardless
of whether the person was convicted of any offense.
new text end

new text begin (d) A person also shall register under this section if:
new text end

new text begin (1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in
paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned
for a violation of any of the offenses listed in paragraph (a),
clause (2), or a similar law of another state or the United
States;
new text end

new text begin (2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or
found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
new text end

new text begin (3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or
the United States.
new text end

Subd. 2.

Notice.

When a person who is required to
register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (a), is sentenced or
becomes subject to a juvenile court disposition order, the court
shall tell the person of the duty to register under this section
and that, if the person fails to comply with the registration
requirements, information about the offender may be made
available to the public through electronic, computerized, or
other accessible means. The court may not modify the person's
duty to register in the pronounced sentence or disposition
order. The court shall require the person to read and sign a
form stating that the duty of the person to register under this
section has been explained. The court shall forward the signed
sex offender registration form, the complaint, and sentencing
documents to the bureau deleted text begin of Criminal Apprehension deleted text end . If a person
required to register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (a), was
not notified by the court of the registration requirement at the
time of sentencing or disposition, the assigned corrections
agent shall notify the person of the requirements of this
section. When a person who is required to register under
subdivision deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (c) or (d), is released from
commitment, the treatment facility shall notify the person of
the requirements of this section. The treatment facility shall
also obtain the registration information required under this
section and forward it to the bureau deleted text begin of Criminal Apprehension deleted text end .

Subd. 3.

Registration procedure.

(a) new text begin Except as provided
in subdivision 3a, new text end a person required to register under this
section shall register with the corrections agent as soon as the
agent is assigned to the person. If the person does not have an
assigned corrections agent or is unable to locate the assigned
corrections agent, the person shall register with the law
enforcement deleted text begin agency deleted text end new text begin authority new text end that has jurisdiction in the area
of the person's deleted text begin residence deleted text end new text begin primary address new text end .

(b) new text begin Except as provided in subdivision 3a, new text end at least five
days before the person starts living at a new primary address,
including living in another state, the person shall give written
notice of the new primary deleted text begin living deleted text end address to the assigned
corrections agent or to the law enforcement authority with which
the person currently is registered. If the person will be
living in a new state and that state has a registration
requirement, the person shall also give written notice of the
new address to the designated registration agency in the new
state. A person required to register under this section shall
also give written notice to the assigned corrections agent or to
the law enforcement authority that has jurisdiction in the area
of the person's deleted text begin residence deleted text end new text begin primary address new text end that the person is no
longer living or staying at an address, immediately after the
person is no longer living or staying at that address. The
corrections agent or law enforcement authority shall, within two
business days after receipt of this information, forward it to
the bureau deleted text begin of Criminal Apprehension deleted text end . The bureau deleted text begin of Criminal
Apprehension deleted text end shall, if it has not already been done, notify the
law enforcement authority having primary jurisdiction in the
community where the person will live of the new address. If the
person is leaving the state, the bureau deleted text begin of Criminal Apprehension
deleted text end shall notify the registration authority in the new state of the
new address. deleted text begin If the person's obligation to register arose under
subdivision 1, paragraph (b), deleted text end The person's registration
requirements under this section terminate deleted text begin when deleted text end new text begin after new text end the person
begins living in the new state new text begin and the bureau has confirmed the
address in the other state through the annual verification
process on at least one occasion new text end .

(c) A person required to register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end ,
paragraph (b), because the person is working or attending school
in Minnesota shall register with the law enforcement
deleted text begin agency deleted text end new text begin authority new text end that has jurisdiction in the area where the
person works or attends school. In addition to other
information required by this section, the person shall provide
the address of the school or of the location where the person is
employed. A person deleted text begin must deleted text end new text begin shall new text end comply with this paragraph within
five days of beginning employment or school. A person's
obligation to register under this paragraph terminates when the
person is no longer working or attending school in Minnesota.

(d) A person required to register under this section who
works or attends school outside of Minnesota shall register as a
predatory offender in the state where the person works or
attends school. The person's corrections agent, or if the
person does not have an assigned corrections agent, the law
enforcement authority that has jurisdiction in the area of the
person's deleted text begin residence deleted text end new text begin primary address new text end shall notify the person of
this requirement.

new text begin Subd. 3a. new text end

new text begin Registration procedure when person lacks
primary address. new text end

new text begin (a) If a person leaves a primary address and
does not have a new primary address, the person shall register
with the law enforcement authority that has jurisdiction in the
area where the person is staying within 24 hours of the time the
person no longer has a primary address.
new text end

new text begin (b) A person who lacks a primary address shall register
with the law enforcement authority that has jurisdiction in the
area where the person is staying within 24 hours after entering
the jurisdiction. Each time a person who lacks a primary
address moves to a new jurisdiction without acquiring a new
primary address, the person shall register with the law
enforcement authority that has jurisdiction in the area where
the person is staying within 24 hours after entering the
jurisdiction.
new text end

new text begin (c) Upon registering under this subdivision, the person
shall provide the law enforcement authority with all of the
information the individual is required to provide under
subdivision 4a. However, instead of reporting the person's
primary address, the person shall describe the location of where
the person is staying with as much specificity as possible.
new text end

new text begin (d) Except as otherwise provided in paragraph (e), if a
person continues to lack a primary address, the person shall
report in person on a weekly basis to the law enforcement
authority with jurisdiction in the area where the person is
staying. This weekly report shall occur between the hours of
9:00 a.m. and 5:00 p.m. The person is not required to provide
the registration information required under subdivision 4a each
time the offender reports to an authority, but the person shall
inform the authority of changes to any information provided
under this subdivision or subdivision 4a and shall otherwise
comply with this subdivision.
new text end

new text begin (e) If the law enforcement authority determines that it is
impractical, due to the person's unique circumstances, to
require a person lacking a primary address to report weekly and
in person as required under paragraph (d), the authority may
authorize the person to follow an alternative reporting
procedure. The authority shall consult with the person's
corrections agent, if the person has one, in establishing the
specific criteria of this alternative procedure, subject to the
following requirements:
new text end

new text begin (1) the authority shall document, in the person's
registration record, the specific reasons why the weekly
in-person reporting process is impractical for the person to
follow;
new text end

new text begin (2) the authority shall explain how the alternative
reporting procedure furthers the public safety objectives of
this section;
new text end

new text begin (3) the authority shall require the person lacking a
primary address to report in person at least monthly to the
authority or the person's corrections agent and shall specify
the location where the person shall report. If the authority
determines it would be more practical and would further public
safety for the person to report to another law enforcement
authority with jurisdiction where the person is staying, it may,
after consulting with the other law enforcement authority,
include this requirement in the person's alternative reporting
process;
new text end

new text begin (4) the authority shall require the person to comply with
the weekly, in-person reporting process required under paragraph
(d), if the person moves to a new area where this process would
be practical;
new text end

new text begin (5) the authority shall require the person to report any
changes to the registration information provided under
subdivision 4a and to comply with the periodic registration
requirements specified under paragraph (f); and
new text end

new text begin (6) the authority shall require the person to comply with
the requirements of subdivision 3, paragraphs (b) and (c), if
the person moves to a primary address.
new text end

new text begin (f) If a person continues to lack a primary address and
continues to report to the same law enforcement authority, the
person shall provide the authority with all of the information
the individual is required to provide under this subdivision and
subdivision 4a at least annually, unless the person is required
to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185
or a similar law of another state or the United States. If the
person is required to register under subdivision 1b, paragraph
(c), the person shall provide the law enforcement authority with
all of the information the individual is required to report
under this subdivision and subdivision 4a at least once every
three months.
new text end

new text begin (g) A law enforcement authority receiving information under
this subdivision shall forward registration information and
changes to that information to the bureau within two business
days of receipt of the information.
new text end

new text begin (h) For purposes of this subdivision, a person who fails to
report a primary address will be deemed to be a person who lacks
a primary address, and the person shall comply with the
requirements for a person who lacks a primary address.
new text end

Subd. 4.

Contents of registration.

(a) The registration
provided to the corrections agent or law enforcement authority,
must consist of a statement in writing signed by the person,
giving information required by the bureau deleted text begin of Criminal
Apprehension deleted text end , a fingerprint card, and photograph of the person
taken at the time of the person's release from incarceration or,
if the person was not incarcerated, at the time the person
initially registered under this section. The registration
information also must include a written consent form signed by
the person allowing a treatment facility new text begin or residential housing
unit or shelter new text end to release information to a law enforcement
officer about the person's admission to, or residence in, a
treatment facility new text begin or residential housing unit or shelter new text end .
Registration information on adults and juveniles may be
maintained together notwithstanding section 260B.171,
subdivision 3.

(b) For persons required to register under subdivision deleted text begin 1
deleted text end new text begin 1b new text end , paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States, in addition to other information
required by this section, the registration provided to the
corrections agent or law enforcement authority must include the
person's offense history and documentation of treatment received
during the person's commitment. This documentation deleted text begin shall be deleted text end new text begin is
new text end limited to a statement of how far the person progressed in
treatment during commitment.

(c) Within three days of receipt, the corrections agent or
law enforcement authority shall forward the registration
information to the bureau deleted text begin of Criminal Apprehension deleted text end . The bureau
shall ascertain whether the person has registered with the law
enforcement authority deleted text begin where the person resides deleted text end new text begin in the area of
the person's primary address, if any, or if the person lacks a
primary address, where the person is staying, as required by
subdivision 3a new text end . If the person has not registered with the law
enforcement authority, the bureau shall send one copy to that
authority.

(d) The corrections agent or law enforcement authority may
require that a person required to register under this section
appear before the agent or authority to be photographed. The
agent or authority shall forward the photograph to the bureau deleted text begin of
Criminal Apprehension deleted text end .

(e) During the period a person is required to register
under this section, the following deleted text begin shall deleted text end new text begin provisions new text end apply:

(1) new text begin Except for persons registering under subdivision 3a,
new text end the bureau deleted text begin of Criminal Apprehension deleted text end shall mail a verification
form to the deleted text begin last reported address of the deleted text end person's deleted text begin residence deleted text end new text begin last
reported primary address new text end . This verification form deleted text begin shall deleted text end new text begin must
new text end provide notice to the offender that, if the offender does not
return the verification form as required, information about the
offender may be made available to the public through electronic,
computerized, or other accessible means. new text begin For persons who are
registered under subdivision 3a, the bureau shall mail an annual
verification form to the law enforcement authority where the
offender most recently reported. The authority shall provide
the verification form to the person at the next weekly meeting
and ensure that the person completes and signs the form and
returns it to the bureau.
new text end

(2) The person shall mail the signed verification form back
to the bureau deleted text begin of Criminal Apprehension deleted text end within ten days after
receipt of the form, stating on the form the current and last
address of the person's residence and the other information
required under subdivision 4a.

(3) new text begin In addition to the requirements listed in this section,
a person who is assigned to risk level II or risk level III
under section 244.052, and who is no longer under correctional
supervision for a registration offense, or a failure to register
offense, but who resides, works, or attends school in Minnesota,
shall have an annual in-person contact with a law enforcement
authority as provided in this section. If the person resides in
Minnesota, the annual in-person contact shall be with the law
enforcement authority that has jurisdiction over the person's
primary address or, if the person has no address, the location
where the person is staying. If the person does not reside in
Minnesota, but works or attends school in this state, the person
shall have an annual in-person contact with the law enforcement
authority, or authorities, with jurisdiction over the person's
school or workplace. During the month of the person's birth
date, the person shall report to the authority to verify the
accuracy of the registration information and to be
photographed. Within three days of this contact, the authority
shall enter information as required by the bureau into the
predatory offender registration database and submit an updated
photograph of the person to the bureau's predatory offender
registration unit.
new text end

new text begin (4) new text end If the person fails to mail the completed and signed
verification form to the bureau deleted text begin of Criminal Apprehension deleted text end within
ten days after receipt of the form, new text begin or if the person fails to
report to the law enforcement authority during the month of the
person's birth date, new text end the person deleted text begin shall be deleted text end new text begin is new text end in violation of this
section.

new text begin (5) For any person who fails to mail the completed and
signed verification form to the bureau within ten days after
receipt of the form and who has been determined to be a level
III offender under section 244.052, the bureau shall immediately
investigate and notify local law enforcement authorities to
investigate the person's location and to ensure compliance with
this section. The bureau also shall immediately give notice of
the person's violation of this section to the law enforcement
authority having jurisdiction over the person's last registered
address or addresses.
new text end

For persons required to register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end ,
paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States, the bureau shall comply with clause
(1) at least four times each year. new text begin For persons who, under
section 244.052, are assigned to risk level III and who are no
longer under correctional supervision for a registration offense
or a failure to register offense, the bureau shall comply with
clause (1) at least two times each year. new text end For all other persons
required to register under this section, the bureau shall comply
with clause (1) each year within 30 days of the anniversary date
of the person's initial registration.

(f) When sending out a verification form, the bureau deleted text begin of
Criminal Apprehension must deleted text end new text begin shall new text end determine whether the person to
whom the verification form is being sent has signed a written
consent form as provided for in paragraph (a). If the person
has not signed such a consent form, the bureau deleted text begin of Criminal
Apprehension must deleted text end new text begin shall new text end send a written consent form to the
person along with the verification form. A person who receives
this written consent form deleted text begin must deleted text end new text begin shall new text end sign and return it to the
bureau deleted text begin of Criminal Apprehension deleted text end at the same time as the
verification form.

deleted text begin (g) For the purposes of this subdivision, "treatment
facility" means a residential facility, as defined in section
244.052, subdivision 1, and residential chemical dependency
treatment programs and halfway houses licensed under chapter
245A, including, but not limited to, those facilities directly
or indirectly assisted by any department or agency of the United
States.
deleted text end

Subd. 4a.

Information required to be provided.

(a) deleted text begin As
used in this section:
deleted text end

deleted text begin (1) "motor vehicle" has the meaning given "vehicle" in
section 169.01, subdivision 2;
deleted text end

deleted text begin (2) "primary residence" means any place where the person
resides longer than 14 days or that is deemed a primary
residence by a person's corrections agent, if one is assigned to
the person; and
deleted text end

deleted text begin (3) "secondary residence" means any place where the person
regularly stays overnight when not staying at the person's
primary residence, and includes, but is not limited to:
deleted text end

deleted text begin (i) the person's parent's home if the person is a student
and stays at the home at times when the person is not staying at
school, including during the summer; and
deleted text end

deleted text begin (ii) the home of someone with whom the person has a minor
child in common where the child's custody is shared.
deleted text end

deleted text begin (b) deleted text end A person required to register under this section shall
provide to the corrections agent or law enforcement authority
the following information:

(1) the deleted text begin address of the deleted text end person's primary deleted text begin residence deleted text end new text begin address new text end ;

(2) deleted text begin the addresses of deleted text end all new text begin of new text end the person's secondary
deleted text begin residences deleted text end new text begin addresses new text end in Minnesota, including all addresses used
for residential or recreational purposes;

(3) the addresses of all Minnesota property owned, leased,
or rented by the person;

(4) the addresses of all locations where the person is
employed;

(5) the addresses of all deleted text begin residences deleted text end new text begin schools new text end where the
person deleted text begin resides while attending school deleted text end new text begin is enrolled new text end ; and

(6) the year, model, make, license plate number, and color
of all motor vehicles owned or regularly driven by the person.

deleted text begin (c) deleted text end new text begin (b) new text end The person shall report to the agent or authority
the information required to be provided under paragraph deleted text begin (b) deleted text end new text begin (a) new text end ,
clauses (2) to (6), within five days of the date the clause
becomes applicable. If because of a change in circumstances any
information reported under paragraph deleted text begin (b) deleted text end new text begin (a) new text end , clauses (1) to
(6), no longer applies, the person shall immediately inform the
agent or authority that the information is no longer valid. new text begin If
the person leaves a primary address and does not have a new
primary address, the person shall register as provided in
subdivision 3a.
new text end

new text begin Subd. 4b. new text end

new text begin Health care facility; notice of status. new text end

new text begin (a)
Upon admission to a health care facility, a person required to
register under this section shall immediately disclose to:
new text end

new text begin (1) the health care facility employee processing the
admission, the person's status as a registered sex offender
under this section;
new text end

new text begin (2) the person's supervision agent, if the person is under
supervision at the time of admission, that inpatient admission
has occurred; and
new text end

new text begin (3) the law enforcement authority with whom the person
registers, if the person is subject to registration under this
section, that in patient admission has occurred.
new text end

new text begin (b) "Health care facility" means a hospital or other entity
licensed under sections 144.50 to 144.58, nursing facilities
certified for participation in the federal Medicare or Medicaid
programs and licensed as a nursing home under chapter 144A, a
boarding care home under sections 144.50 to 144.56, or a group
residential housing facility or an intermediate care facility
for the mentally retarded licensed under chapter 245A.
new text end

new text begin (c) A person required to inform persons or entities under
paragraph (a), clauses (1) to (3), of the person's status as a
registered sex offender, who knowingly fails to provide this
information to the persons or entities, is guilty of a felony
and may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both.
new text end

new text begin Subd. 4c. new text end

new text begin Health care facility; law enforcement
notification duty. new text end

new text begin A law enforcement authority or corrections
agent shall notify the administrator of a health care facility,
as defined in subdivision 4b, as soon as it comes to the
attention of the authority or agent that a person required to
register under this section has been admitted and is receiving
health care at the facility.
new text end

Subd. 5.

Criminal penalty.

(a) A person required to
register under this section who knowingly violates any of its
provisions or intentionally provides false information to a
corrections agent, law enforcement authority, or the bureau deleted text begin of
Criminal Apprehension deleted text end is guilty of a felony and may be sentenced
to imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.

(b) Except as provided in paragraph (c), a person convicted
of violating paragraph (a) shall be committed to the custody of
the commissioner of corrections for not less than a year and a
day, nor more than five years.

(c) A person convicted of violating paragraph (a), who has
previously been convicted of or adjudicated delinquent for
violating this section, shall be committed to the custody of the
commissioner of corrections for not less than two years, nor
more than five years.

(d) Prior to the time of sentencing, the prosecutor may
file a motion to have the person sentenced without regard to the
mandatory minimum sentence established by this subdivision. The
motion deleted text begin shall deleted text end new text begin must new text end be accompanied by a statement on the record of
the reasons for it. When presented with the motion, or on its
own motion, the court may sentence the person without regard to
the mandatory minimum sentence if the court finds substantial
and compelling reasons to do so. Sentencing a person in the
manner described in this paragraph is a departure from the
Sentencing Guidelines.

(e) A person convicted and sentenced as required by this
subdivision is not eligible for probation, parole, discharge,
work release, new text begin conditional release, new text end or supervised release, until
that person has served the full term of imprisonment as provided
by law, notwithstanding the provisions of sections 241.26,
242.19, 243.05, 244.04, 609.12, and 609.135.

new text begin Subd. 5a. new text end

new text begin Conditional release. new text end

new text begin (a) Notwithstanding the
statutory maximum sentence otherwise applicable to the offense
or any provision of the sentencing guidelines, when a court
convicts a person who is a level III sex offender under section
244.052, subdivision 3, paragraph (e), for a violation of
subdivision 5, the court shall provide that after the person has
completed the sentence imposed, the commissioner of corrections
shall place the person on conditional release for the remainder
of the person's life.
new text end

new text begin (b) The conditions of release may include satisfaction of
the release conditions specified in section 244.05, subdivision
6, and any other conditions the commissioner considers
appropriate. If the offender fails to meet any condition of
release, the commissioner may revoke the offender's conditional
release and order that the offender serve the remaining portion
of the conditional release term in prison.
new text end

new text begin Conditional release under this subdivision is governed by
provisions relating to supervised release, except as otherwise
provided in this subdivision or section 244.05.
new text end

Subd. 6.

Registration period.

(a) Notwithstanding the
provisions of section 609.165, subdivision 1, and except as
provided in paragraphs (b), (c), and (d), a person required to
register under this section shall continue to comply with this
section until ten years have elapsed since the person initially
registered in connection with the offense, or until the
probation, supervised release, or conditional release period
expires, whichever occurs later. For a person required to
register under this section who is committed under section
253B.18 or 253B.185, the ten-year registration period does not
include the period of commitment.

(b) If a person required to register under this section
fails to deleted text begin register following a change in residence deleted text end new text begin provide the
person's primary address as required by subdivision 3, paragraph
(b), fails to comply with the requirements of subdivision 3a,
fails to provide information as required by subdivision 4a, or
fails to return the verification form referenced in subdivision
4 within ten days new text end , the commissioner of public safety may require
the person to continue to register for an additional period of
five years. This five-year period is added to the end of the
offender's registration period.

(c) If a person required to register under this section is
subsequently incarcerated following a new text begin conviction for a new
offense or following a new text end revocation of probation, supervised
release, or conditional release for deleted text begin that deleted text end new text begin any new text end offense deleted text begin , or a
conviction for any new offense deleted text end , the person shall continue to
register until ten years have elapsed since the person was last
released from incarceration or until the person's probation,
supervised release, or conditional release period expires,
whichever occurs later.

(d) A person shall continue to comply with this section for
the life of that person:

(1) if the person is convicted of or adjudicated delinquent
for any offense for which registration is required under
subdivision deleted text begin 1 deleted text end new text begin 1b new text end , or any offense from another state or any
federal offense similar to the offenses described in subdivision
deleted text begin 1 deleted text end new text begin 1b new text end , and the person has a prior conviction or adjudication for
an offense for which registration was or would have been
required under subdivision deleted text begin 1 deleted text end new text begin 1b new text end , or an offense from another
state or a federal offense similar to an offense described in
subdivision deleted text begin 1 deleted text end new text begin 1b new text end ;

(2) if the person is required to register based upon a
conviction or delinquency adjudication for an offense under
section 609.185, clause (2), or a similar statute from another
state or the United States;

(3) if the person is required to register based upon a
conviction for an offense under section 609.342, subdivision 1,
paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
1, paragraph (a), (c), (d), (e), (f), or (h); 609.344,
subdivision 1, paragraph (a), (c), or (g); or 609.345,
subdivision 1, paragraph (a), (c), or (g); or a statute from
another state or the United States similar to the offenses
described in this clause; or

(4) if the person is required to register under subdivision
deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States.

Subd. 7.

Use of information.

Except as otherwise
provided in subdivision 7a or sections 244.052 and 299C.093, the
information provided under this section is private data on
individuals under section 13.02, subdivision 12. The
information may be used only for law enforcement purposes.

Subd. 7a.

Availability of information on offenders who
are out of compliance with registration law.

(a) The bureau deleted text begin of
Criminal Apprehension deleted text end may make information available to the
public about offenders who are 16 years of age or older and who
are out of compliance with this section for 30 days or longer
for failure to provide the deleted text begin address of the deleted text end offenders' primary or
secondary deleted text begin residences deleted text end new text begin addresses new text end . This information may be made
available to the public through electronic, computerized, or
other accessible means. The amount and type of information made
available deleted text begin shall be deleted text end new text begin is new text end limited to the information necessary for
the public to assist law enforcement in locating the offender.

(b) An offender who comes into compliance with this section
after the bureau deleted text begin of Criminal Apprehension deleted text end discloses information
about the offender to the public may send a written request to
the bureau requesting the bureau to treat information about the
offender as private data, consistent with subdivision 7. The
bureau shall review the request and promptly take reasonable
action to treat the data as private, if the offender has
complied with the requirement that the offender provide deleted text begin the
addresses of deleted text end the offender's primary and secondary deleted text begin residences
deleted text end new text begin addresses new text end , or promptly notify the offender that the information
will continue to be treated as public information and the
reasons for the bureau's decision.

(c) If an offender believes the information made public
about the offender is inaccurate or incomplete, the offender may
challenge the data under section 13.04, subdivision 4.

(d) The bureau deleted text begin of Criminal Apprehension deleted text end is immune from any
civil or criminal liability that might otherwise arise, based on
the accuracy or completeness of any information made public
under this subdivision, if the bureau acts in good faith.

deleted text begin Subd. 8. deleted text end

deleted text begin Law enforcement authority. deleted text end

deleted text begin For purposes of this
section, a law enforcement authority means, with respect to a
home rule charter or statutory city, the chief of police, and
with respect to an unincorporated area, the sheriff of the
county.
deleted text end

Subd. 9.

Offenders from other states.

new text begin (a) new text end When the state
accepts an offender from another state under a reciprocal
agreement under the interstate compact authorized by section
243.16 new text begin , the interstate compact authorized by section 243.1605,
new text end or under any authorized interstate agreement, the acceptance is
conditional on the offender agreeing to register under this
section when the offender is living in Minnesota.

new text begin (b) The Bureau of Criminal Apprehension shall notify the
commissioner of corrections:
new text end

new text begin (1) when the bureau receives notice from a local law
enforcement authority that a person from another state who is
subject to this section has registered with the authority,
unless the bureau previously received information about the
offender from the commissioner of corrections;
new text end

new text begin (2) when a registration authority, corrections agent, or
law enforcement agency in another state notifies the bureau that
a person from another state who is subject to this section is
moving to Minnesota; and
new text end

new text begin (3) when the bureau learns that a person from another state
is in Minnesota and allegedly in violation of subdivision 5 for
failure to register.
new text end

new text begin (c) When a local law enforcement agency notifies the bureau
of an out-of-state offender's registration, the agency shall
provide the bureau with information on whether the person is
subject to community notification in another state and the risk
level the person was assigned, if any.
new text end

new text begin (d) The bureau must forward all information it receives
regarding offenders covered under this subdivision from sources
other than the commissioner of corrections to the commissioner.
new text end

new text begin (e) When the bureau receives information directly from a
registration authority, corrections agent, or law enforcement
agency in another state that a person who may be subject to this
section is moving to Minnesota, the bureau must ask whether the
person entering the state is subject to community notification
in another state and the risk level the person has been
assigned, if any.
new text end

new text begin (f) When the bureau learns that a person subject to this
section intends to move into Minnesota from another state or has
moved into Minnesota from another state, the bureau shall notify
the law enforcement authority with jurisdiction in the area of
the person's primary address and provide all information
concerning the person that is available to the bureau.
new text end

new text begin (g) The commissioner of corrections must determine the
parole, supervised release, or conditional release status of
persons who are referred to the commissioner under this
subdivision. If the commissioner determines that a person is
subject to parole, supervised release, or conditional release in
another state and is not registered in Minnesota under the
applicable interstate compact, the commissioner shall inform the
local law enforcement agency that the person is in violation of
section 243.161. If the person is not subject to supervised
release, the commissioner shall notify the bureau and the local
law enforcement agency of the person's status.
new text end

new text begin Subd. 10. new text end

new text begin Venue; aggregation. new text end

new text begin (a) A violation of this
section may be prosecuted in any jurisdiction where an offense
takes place. However, the prosecutorial agency in the
jurisdiction where the person last registered a primary address
is initially responsible to review the case for prosecution.
new text end

new text begin (b) When a person commits two or more offenses in two or
more counties, the accused may be prosecuted for all of the
offenses in any county in which one of the offenses was
committed.
new text end

new text begin Subd. 11. new text end

new text begin Certified copies as evidence. new text end

new text begin Certified copies
of predatory offender registration records are admissible as
substantive evidence when necessary to prove the commission of a
violation of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin The provisions of this section, except
for subdivision 5a, are effective the day following final
enactment, and apply to persons subject to predatory offender
registration on or after that date, except for subdivision 9,
which is effective July 1, 2005, and subdivision 4, paragraph
(e), clause (3), is effective December 1, 2005. Subdivision 5a
is effective August 1, 2005, and applies to crimes committed on
or after that date. Subdivision 6, paragraph (c), is effective
August 1, 2005, and applies to any offense, revocation of
probation, supervised release, or conditional release that
occurs on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 243.167, is
amended to read:

243.167 REGISTRATION UNDER THE PREDATORY OFFENDER
REGISTRATION LAW FOR OTHER OFFENSES.

Subdivision 1.

Definition.

As used in this section,
"crime against the person" means a violation of any of the
following or a similar law of another state or of the United
States: section 609.165; 609.185; 609.19; 609.195; 609.20;
609.205; 609.221; 609.222; 609.223; new text begin 609.2231; new text end 609.224,
subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235;
609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision
2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23,
subdivision 2; or any felony-level violation of section 609.229;
609.377; 609.749; or 624.713.

Subd. 2.

When required.

(a) In addition to the
requirements of section 243.166, a person also shall register
under section 243.166 if:

(1) the person is convicted of a crime against the person;
and

(2) the person was previously convicted of or adjudicated
delinquent for an offense listed in section 243.166, deleted text begin subdivision
1, paragraph (a), deleted text end but was not required to register for the
offense because the registration requirements of that section
did not apply to the person at the time the offense was
committed or at the time the person was released from
imprisonment.

(b) A person who was previously required to register deleted text begin under
section 243.166 deleted text end new text begin in any state new text end and who has completed the
registration requirements of that deleted text begin section deleted text end new text begin state new text end shall again
register under section 243.166 if the person commits a crime
against the person.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 244.05,
subdivision 7, is amended to read:

Subd. 7.

Sex offenders; civil commitment determination.

(a) Before the commissioner releases from prison any inmate
convicted under sections 609.342 to 609.345 or sentenced as a
patterned offender under section 609.108, and determined by the
commissioner to be in a high risk category, the commissioner
shall make a preliminary determination whether, in the
commissioner's opinion, a petition under section 253B.185 may be
appropriate. new text begin The commissioner's opinion must be based on a
recommendation of a Department of Corrections screening
committee and a legal review and recommendation from a
representative of the Office of the Attorney General
knowledgeable in the legal requirements of the civil commitment
process.
new text end

(b) In making this decision, the commissioner shall have
access to the following data only for the purposes of the
assessment and referral decision:

(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;

(2) private and confidential court services data under
section 13.84;

(3) private and confidential corrections data under section
13.85; and

(4) private criminal history data under section 13.87.

(c) If the commissioner determines that a petition may be
appropriate, the commissioner shall forward this determination,
along with a summary of the reasons for the determination, to
the county attorney in the county where the inmate was convicted
no later than 12 months before the inmate's release date. If
the inmate is received for incarceration with fewer than 12
months remaining in the inmate's term of imprisonment, or if the
commissioner receives additional information less than 12 months
before release deleted text begin which deleted text end new text begin that new text end makes the inmate's case appropriate
for referral, the commissioner shall forward the determination
as soon as is practicable. Upon receiving the commissioner's
preliminary determination, the county attorney shall proceed in
the manner provided in section 253B.185. The commissioner shall
release to the county attorney all requested documentation
maintained by the department.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2004, section 244.052,
subdivision 3, is amended to read:

Subd. 3.

End-of-confinement review committee.

(a) The
commissioner of corrections shall establish and administer
end-of-confinement review committees at each state correctional
facility and at each state treatment facility where predatory
offenders are confined. The committees shall assess on a
case-by-case basis the public risk posed by predatory offenders
who are about to be released from confinement.

(b) Each committee shall be a standing committee and shall
consist of the following members appointed by the commissioner:

(1) the chief executive officer or head of the correctional
or treatment facility where the offender is currently confined,
or that person's designee;

(2) a law enforcement officer;

(3) a treatment professional who is trained in the
assessment of sex offenders;

(4) a caseworker experienced in supervising sex offenders;
and

(5) a victim's services professional.

Members of the committee, other than the facility's chief
executive officer or head, shall be appointed by the
commissioner to two-year terms. The chief executive officer or
head of the facility or designee shall act as chair of the
committee and shall use the facility's staff, as needed, to
administer the committee, obtain necessary information from
outside sources, and prepare risk assessment reports on
offenders.

(c) The committee shall have access to the following data
on a predatory offender only for the purposes of its assessment
and to defend the committee's risk assessment determination upon
administrative review under this section:

(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;

(2) private and confidential court services data under
section 13.84;

(3) private and confidential corrections data under section
13.85; and

(4) private criminal history data under section 13.87.

Data collected and maintained by the committee under this
paragraph may not be disclosed outside the committee, except as
provided under section 13.05, subdivision 3 or 4. The predatory
offender has access to data on the offender collected and
maintained by the committee, unless the data are confidential
data received under this paragraph.

(d)(i) Except as otherwise provided in item (ii), at least
90 days before a predatory offender is to be released from
confinement, the commissioner of corrections shall convene the
appropriate end-of-confinement review committee for the purpose
of assessing the risk presented by the offender and determining
the risk level to which the offender shall be assigned under
paragraph (e). The offender and the law enforcement agency that
was responsible for the charge resulting in confinement shall be
notified of the time and place of the committee's meeting. The
offender has a right to be present and be heard at the meeting.
The law enforcement agency may provide material in writing that
is relevant to the offender's risk level to the chair of the
committee. The committee shall use the risk factors described
in paragraph (g) and the risk assessment scale developed under
subdivision 2 to determine the offender's risk assessment score
and risk level. Offenders scheduled for release from
confinement shall be assessed by the committee established at
the facility from which the offender is to be released.

(ii) If an offender is received for confinement in a
facility with less than 90 days remaining in the offender's term
of confinement, the offender's risk shall be assessed at the
first regularly scheduled end of confinement review committee
that convenes after the appropriate documentation for the risk
assessment is assembled by the committee. The commissioner
shall make reasonable efforts to ensure that offender's risk is
assessed and a risk level is assigned or reassigned at least 30
days before the offender's release date.

(e) The committee shall assign to risk level I a predatory
offender whose risk assessment score indicates a low risk of
reoffense. The committee shall assign to risk level II an
offender whose risk assessment score indicates a moderate risk
of reoffense. The committee shall assign to risk level III an
offender whose risk assessment score indicates a high risk of
reoffense.

(f) Before the predatory offender is released from
confinement, the committee shall prepare a risk assessment
report which specifies the risk level to which the offender has
been assigned and the reasons underlying the committee's risk
assessment decision. The committee shall give the report to the
offender and to the law enforcement agency at least 60 days
before an offender is released from confinement. If the risk
assessment is performed under the circumstances described in
paragraph (d), item (ii), the report shall be given to the
offender and the law enforcement agency as soon as it is
available. The committee also shall inform the offender of the
availability of review under subdivision 6.

(g) As used in this subdivision, "risk factors" includes,
but is not limited to, the following factors:

(1) the seriousness of the offense should the offender
reoffend. This factor includes consideration of the following:

(i) the degree of likely force or harm;

(ii) the degree of likely physical contact; and

(iii) the age of the likely victim;

(2) the offender's prior offense history. This factor
includes consideration of the following:

(i) the relationship of prior victims to the offender;

(ii) the number of prior offenses or victims;

(iii) the duration of the offender's prior offense history;

(iv) the length of time since the offender's last prior
offense while the offender was at risk to commit offenses; and

(v) the offender's prior history of other antisocial acts;

(3) the offender's characteristics. This factor includes
consideration of the following:

(i) the offender's response to prior treatment efforts; and

(ii) the offender's history of substance abuse;

(4) the availability of community supports to the offender.
This factor includes consideration of the following:

(i) the availability and likelihood that the offender will
be involved in therapeutic treatment;

(ii) the availability of residential supports to the
offender, such as a stable and supervised living arrangement in
an appropriate location;

(iii) the offender's familial and social relationships,
including the nature and length of these relationships and the
level of support that the offender may receive from these
persons; and

(iv) the offender's lack of education or employment
stability;

(5) whether the offender has indicated or credible evidence
in the record indicates that the offender will reoffend if
released into the community; and

(6) whether the offender demonstrates a physical condition
that minimizes the risk of reoffense, including but not limited
to, advanced age or a debilitating illness or physical condition.

(h) Upon the request of the law enforcement agency or the
offender's corrections agent, the commissioner may reconvene the
end-of-confinement review committee for the purpose of
reassessing the risk level to which an offender has been
assigned under paragraph (e). In a request for a reassessment,
the law enforcement agency which was responsible for the charge
resulting in confinement or agent shall list the facts and
circumstances arising after the initial assignment or facts and
circumstances known to law enforcement or the agent but not
considered by the committee under paragraph (e) which support
the request for a reassessment. The request for reassessment by
the law enforcement agency must occur within 30 days of receipt
of the report indicating the offender's risk level assignment.
The offender's corrections agent, in consultation with the chief
law enforcement officer in the area where the offender resides
or intends to reside, may request a review of a risk level at
any time if substantial evidence exists that the offender's risk
level should be reviewed by an end-of-confinement review
committee. This evidence includes, but is not limited to,
evidence of treatment failures or completions, evidence of
exceptional crime-free community adjustment or lack of
appropriate adjustment, evidence of substantial community need
to know more about the offender or mitigating circumstances that
would narrow the proposed scope of notification, or other
practical situations articulated and based in evidence of the
offender's behavior while under supervision. Upon review of the
request, the end-of-confinement review committee may reassign an
offender to a different risk level. If the offender is
reassigned to a higher risk level, the offender has the right to
seek review of the committee's determination under subdivision 6.

(i) An offender may request the end-of-confinement review
committee to reassess the offender's assigned risk level after
three years have elapsed since the committee's initial risk
assessment and may renew the request once every two years
following subsequent denials. In a request for reassessment,
the offender shall list the facts and circumstances which
demonstrate that the offender no longer poses the same degree of
risk to the community. In order for a request for a risk level
reduction to be granted, the offender must demonstrate full
compliance with supervised release conditions, completion of
required post-release treatment programming, and full compliance
with all registration requirements as detailed in section
243.166. The offender must also not have been convicted of any
felony, gross misdemeanor, or misdemeanor offenses subsequent to
the assignment of the original risk level. The committee shall
follow the process outlined in paragraphs (a) to (c) in the
reassessment. An offender who is incarcerated may not request a
reassessment under this paragraph.

(j) Offenders returned to prison as release violators shall
not have a right to a subsequent risk reassessment by the
end-of-confinement review committee unless substantial evidence
indicates that the offender's risk to the public has increased.

(k) deleted text begin The commissioner shall establish an end-of-confinement
review committee to assign a risk level to offenders who are
released from a federal correctional facility in Minnesota or
another state and who intend to reside in Minnesota, and to
offenders accepted from another state under a reciprocal
agreement for parole supervision under the interstate compact
authorized by section 243.16. The committee shall make
reasonable efforts to conform to the same timelines as applied
to Minnesota cases. Offenders accepted from another state under
a reciprocal agreement for probation supervision are not
assigned a risk level, but are considered downward dispositional
departures. The probation or court services officer and law
enforcement officer shall manage such cases in accordance with
section 244.10, subdivision 2a. The policies and procedures of
the committee for federal offenders and interstate compact cases
must be in accordance with all requirements as set forth in this
section, unless restrictions caused by the nature of federal or
interstate transfers prevents such conformance.
deleted text end

deleted text begin (l) deleted text end If the committee assigns a predatory offender to risk
level III, the committee shall determine whether residency
restrictions shall be included in the conditions of the
offender's release based on the offender's pattern of offending
behavior.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to persons subject to community notification on or
after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 244.052, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Offenders from other states and offenders
released from federal facilities. new text end

new text begin (a) Except as provided in
paragraph (b), the commissioner shall establish an
end-of-confinement review committee to assign a risk level:
new text end

new text begin (1) to offenders who are released from a federal
correctional facility in Minnesota or a federal correctional
facility in another state and who intend to reside in Minnesota;
new text end

new text begin (2) to offenders who are accepted from another state under
the interstate compact authorized by section 243.16 or 243.1605
or any other authorized interstate agreement; and
new text end

new text begin (3) to offenders who are referred to the committee by local
law enforcement agencies under paragraph (f).
new text end

new text begin (b) This subdivision does not require the commissioner to
convene an end-of-confinement review committee for a person
coming into Minnesota who is subject to probation under another
state's law. The probation or court services officer and law
enforcement officer shall manage such cases in accordance with
section 244.10, subdivision 2a.
new text end

new text begin (c) The committee shall make reasonable efforts to conform
to the same timelines applied to offenders released from a
Minnesota correctional facility and shall collect all relevant
information and records on offenders assessed and assigned a
risk level under this subdivision. However, for offenders who
were assigned the most serious risk level by another state, the
committee must act promptly to collect the information required
under this paragraph.
new text end

new text begin The end-of-confinement review committee must proceed in
accordance with all requirements set forth in this section and
follow all policies and procedures applied to offenders released
from a Minnesota correctional facility in reviewing information
and assessing the risk level of offenders covered by this
subdivision, unless restrictions caused by the nature of federal
or interstate transfers prevent such conformance. All of the
provisions of this section apply to offenders who are assessed
and assigned a risk level under this subdivision.
new text end

new text begin (d) If a local law enforcement agency learns or suspects
that a person who is subject to this section is living in
Minnesota and a risk level has not been assigned to the person
under this section, the law enforcement agency shall provide
this information to the Bureau of Criminal Apprehension and the
commissioner of corrections within three business days.
new text end

new text begin (e) If the commissioner receives reliable information from
a local law enforcement agency or the bureau that a person
subject to this section is living in Minnesota and a local law
enforcement agency so requests, the commissioner must determine
if the person was assigned a risk level under a law comparable
to this section. If the commissioner determines that the law is
comparable and public safety warrants, the commissioner, within
three business days of receiving a request, shall notify the
local law enforcement agency that it may, in consultation with
the department, proceed with notification under subdivision 4
based on the person's out-of-state risk level. However, if the
commissioner concludes that the offender is from a state with a
risk level assessment law that is not comparable to this
section, the extent of the notification may not exceed that of a
risk level II offender under subdivision 4, paragraph (b),
unless the requirements of paragraph (f) have been met. If an
assessment is requested from the end-of-confinement review
committee under paragraph (f), the local law enforcement agency
may continue to disclose information under subdivision 4 until
the committee assigns the person a risk level. After the
committee assigns a risk level to an offender pursuant to a
request made under paragraph (f), the information disclosed by
law enforcement shall be consistent with the risk level assigned
by the End-of-Confinement Review Committee. The commissioner of
corrections, in consultation with legal advisers, shall
determine whether the law of another state is comparable to this
section.
new text end

new text begin (f) If the local law enforcement agency wants to make a
broader disclosure than is authorized under paragraph (e), the
law enforcement agency may request that an End-of-Confinement
Review Committee assign a risk level to the offender. The local
law enforcement agency shall provide to the committee all
information concerning the offender's criminal history, the risk
the offender poses to the community, and other relevant
information. The department shall attempt to obtain other
information relevant to determining which risk level to assign
the offender. The committee shall promptly assign a risk level
to an offender referred to the committee under this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to persons subject to community notification on or
after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 244.052,
subdivision 4, is amended to read:

Subd. 4.

Law enforcement agency; disclosure of
information to public.

(a) The law enforcement agency in the
area where the predatory offender resides, expects to reside, is
employed, or is regularly found, shall disclose to the public
any information regarding the offender contained in the report
forwarded to the agency under subdivision 3, paragraph (f), that
is relevant and necessary to protect the public and to
counteract the offender's dangerousness, consistent with the
guidelines in paragraph (b). The extent of the information
disclosed and the community to whom disclosure is made must
relate to the level of danger posed by the offender, to the
offender's pattern of offending behavior, and to the need of
community members for information to enhance their individual
and collective safety.

(b) The law enforcement agency shall employ the following
guidelines in determining the scope of disclosure made under
this subdivision:

(1) if the offender is assigned to risk level I, the agency
may maintain information regarding the offender within the
agency and may disclose it to other law enforcement agencies.
Additionally, the agency may disclose the information to any
victims of or witnesses to the offense committed by the
offender. The agency shall disclose the information to victims
of the offense committed by the offender who have requested
disclosure and to adult members of the offender's immediate
household;

(2) if the offender is assigned to risk level II, the
agency also may disclose the information to agencies and groups
that the offender is likely to encounter for the purpose of
securing those institutions and protecting individuals in their
care while they are on or near the premises of the institution.
These agencies and groups include the staff members of public
and private educational institutions, day care establishments,
and establishments and organizations that primarily serve
individuals likely to be victimized by the offender. The agency
also may disclose the information to individuals the agency
believes are likely to be victimized by the offender. The
agency's belief shall be based on the offender's pattern of
offending or victim preference as documented in the information
provided by the department of corrections or human services;

(3) if the offender is assigned to risk level III, the
agency shall disclose the information to the persons and
entities described in clauses (1) and (2) and to other members
of the community whom the offender is likely to encounter,
unless the law enforcement agency determines that public safety
would be compromised by the disclosure or that a more limited
disclosure is necessary to protect the identity of the victim.

Notwithstanding the assignment of a predatory offender to
risk level II or III, a law enforcement agency may not make the
disclosures permitted or required by clause (2) or (3), if: the
offender is placed or resides in a residential facility.
However, if an offender is placed or resides in a residential
facility, the offender and the head of the facility shall
designate the offender's likely residence upon release from the
facility and the head of the facility shall notify the
commissioner of corrections or the commissioner of human
services of the offender's likely residence at least 14 days
before the offender's scheduled release date. The commissioner
shall give this information to the law enforcement agency having
jurisdiction over the offender's likely residence. The head of
the residential facility also shall notify the commissioner of
corrections or human services within 48 hours after finalizing
the offender's approved relocation plan to a permanent
residence. Within five days after receiving this notification,
the appropriate commissioner shall give to the appropriate law
enforcement agency all relevant information the commissioner has
concerning the offender, including information on the risk
factors in the offender's history and the risk level to which
the offender was assigned. After receiving this information,
the law enforcement agency shall make the disclosures permitted
or required by clause (2) or (3), as appropriate.

(c) As used in paragraph (b), clauses (2) and (3), "likely
to encounter" means that:

(1) the organizations or community members are in a
location or in close proximity to a location where the offender
lives or is employed, or which the offender visits or is likely
to visit on a regular basis, other than the location of the
offender's outpatient treatment program; and

(2) the types of interaction which ordinarily occur at that
location and other circumstances indicate that contact with the
offender is reasonably certain.

(d) A law enforcement agency or official who discloses
information under this subdivision shall make a good faith
effort to make the notification within 14 days of receipt of a
confirmed address from the Department of Corrections indicating
that the offender will be, or has been, released from
confinement, or accepted for supervision, or has moved to a new
address and will reside at the address indicated. If a change
occurs in the release plan, this notification provision does not
require an extension of the release date.

(e) A law enforcement agency or official who discloses
information under this subdivision shall not disclose the
identity or any identifying characteristics of the victims of or
witnesses to the offender's offenses.

(f) A law enforcement agency shall continue to disclose
information on an offender as required by this subdivision for
as long as the offender is required to register under section
243.166. new text begin This requirement on a law enforcement agency to
continue to disclose information also applies to an offender who
lacks a primary address and is registering under section
243.166, subdivision 3a.
new text end

(g) A law enforcement agency that is disclosing information
on an offender assigned to risk level III to the public under
this subdivision shall inform the commissioner of corrections
what information is being disclosed and forward this information
to the commissioner within two days of the agency's
determination. The commissioner shall post this information on
the Internet as required in subdivision 4b.

(h) A city council may adopt a policy that addresses when
information disclosed under this subdivision must be presented
in languages in addition to English. The policy may address
when information must be presented orally, in writing, or both
in additional languages by the law enforcement agency disclosing
the information. The policy may provide for different
approaches based on the prevalence of non-English languages in
different neighborhoods.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment, and applies to persons subject to
community notification on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2004, section 244.052, is
amended by adding a subdivision to read:

new text begin Subd. 4c. new text end

new text begin Law enforcement agency; disclosure of
information to a health care facility. new text end

new text begin (a) The law enforcement
agency in the area where a health care facility is located shall
disclose the registrant status of any sex offender registered
under section 243.166 to the health care facility if the
registered offender is receiving inpatient care in that facility.
new text end

new text begin (b) "Health care facility" means a hospital or other entity
licensed under sections 144.50 to 144.58, nursing facilities
certified for participation in the federal Medicare or Medicaid
programs and licensed as a nursing home under chapter 144A, a
boarding care home under sections 144.50 to 144.56, or a group
residential housing facility or an intermediate care facility
for the mentally retarded licensed under chapter 245A.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2004, section 626.556,
subdivision 3, is amended to read:

Subd. 3.

Persons mandated to report.

(a) A person who
knows or has reason to believe a child is being neglected or
physically or sexually abused, as defined in subdivision 2, or
has been neglected or physically or sexually abused within the
preceding three years, shall immediately report the information
to the local welfare agency, agency responsible for assessing or
investigating the report, police department, or the county
sheriff if the person is:

(1) a professional or professional's delegate who is
engaged in the practice of the healing arts, social services,
hospital administration, psychological or psychiatric treatment,
child care, education, new text begin probation and correctional services, new text end or
law enforcement; or

(2) employed as a member of the clergy and received the
information while engaged in ministerial duties, provided that a
member of the clergy is not required by this subdivision to
report information that is otherwise privileged under section
595.02, subdivision 1, paragraph (c).

The police department or the county sheriff, upon receiving
a report, shall immediately notify the local welfare agency or
agency responsible for assessing or investigating the report,
orally and in writing. The local welfare agency, or agency
responsible for assessing or investigating the report, upon
receiving a report, shall immediately notify the local police
department or the county sheriff orally and in writing. The
county sheriff and the head of every local welfare agency,
agency responsible for assessing or investigating reports, and
police department shall each designate a person within their
agency, department, or office who is responsible for ensuring
that the notification duties of this paragraph and paragraph (b)
are carried out. Nothing in this subdivision shall be construed
to require more than one report from any institution, facility,
school, or agency.

(b) Any person may voluntarily report to the local welfare
agency, agency responsible for assessing or investigating the
report, police department, or the county sheriff if the person
knows, has reason to believe, or suspects a child is being or
has been neglected or subjected to physical or sexual abuse.
The police department or the county sheriff, upon receiving a
report, shall immediately notify the local welfare agency or
agency responsible for assessing or investigating the report,
orally and in writing. The local welfare agency or agency
responsible for assessing or investigating the report, upon
receiving a report, shall immediately notify the local police
department or the county sheriff orally and in writing.

(c) A person mandated to report physical or sexual child
abuse or neglect occurring within a licensed facility shall
report the information to the agency responsible for licensing
the facility under sections 144.50 to 144.58; 241.021; 245A.01
to 245A.16; or chapter 245B; or a nonlicensed personal care
provider organization as defined in sections 256B.04,
subdivision 16; and 256B.0625, subdivision 19. A health or
corrections agency receiving a report may request the local
welfare agency to provide assistance pursuant to subdivisions
10, 10a, and 10b. A board or other entity whose licensees
perform work within a school facility, upon receiving a
complaint of alleged maltreatment, shall provide information
about the circumstances of the alleged maltreatment to the
commissioner of education. Section 13.03, subdivision 4,
applies to data received by the commissioner of education from a
licensing entity.

(d) Any person mandated to report shall receive a summary
of the disposition of any report made by that reporter,
including whether the case has been opened for child protection
or other services, or if a referral has been made to a community
organization, unless release would be detrimental to the best
interests of the child. Any person who is not mandated to
report shall, upon request to the local welfare agency, receive
a concise summary of the disposition of any report made by that
reporter, unless release would be detrimental to the best
interests of the child.

(e) For purposes of this subdivision, "immediately" means
as soon as possible but in no event longer than 24 hours.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 11. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change all references to
Minnesota Statutes, section 243.166, subdivision 1, in Minnesota
Statutes to section 243.166. In addition, the revisor shall
make other technical changes necessitated by this article.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 243.166, subdivisions 1
and 8, are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

ARTICLE 6

HUMAN SERVICES ACCESS TO PREDATORY OFFENDER REGISTRY

Section 1.

Minnesota Statutes 2004, section 243.166,
subdivision 7, is amended to read:

Subd. 7.

Use of deleted text begin information deleted text end new text begin data new text end .

Except as otherwise
provided in subdivision 7a or sections 244.052 and 299C.093, the
deleted text begin information deleted text end new text begin data new text end provided under this section is private data on
individuals under section 13.02, subdivision 12. The
deleted text begin information deleted text end new text begin data new text end may be used only for law enforcement new text begin and
corrections new text end purposes. new text begin State-operated services, as defined in
section 246.014, is also authorized to have access to the data
for the purposes described in section 246.13, subdivision 2,
paragraph (c).
new text end

Sec. 2.

Minnesota Statutes 2004, section 246.13, is
amended to read:

246.13 deleted text begin RECORD deleted text end new text begin RECORDS new text end OF PATIENTS AND RESIDENTS
deleted text begin IN deleted text end new text begin RECEIVING new text end STATE-OPERATED SERVICES.

new text begin Subdivision 1. new text end

new text begin Powers, duties, and authority of
commissioner. new text end

new text begin (a) new text end The commissioner of human services' office
shall have, accessible only by consent of the commissioner or on
the order of a judge or court of record, a record showing the
residence, sex, age, nativity, occupation, civil condition, and
date of entrance or commitment of every person, in the
state-operated services facilities as defined under section
246.014 under exclusive control of the commissioner; the date of
discharge and whether such discharge was final; the condition of
the person when the person left the state-operated services
facility; new text begin the vulnerable adult abuse prevention associated with
the person; new text end and the date and cause of all deaths. The record
shall state every transfer from one state-operated services
facility to another, naming each state-operated services
facility. This information shall be furnished to the
commissioner of human services by each public agency, along with
other obtainable facts as the commissioner may require. When a
patient or resident in a state-operated services facility is
discharged, transferred, or dies, the head of the state-operated
services facility or designee shall inform the commissioner of
human services of these events within ten days on forms
furnished by the commissioner.

new text begin (b) The commissioner of human services shall cause to be
devised, installed, and operated an adequate system of records
and statistics which shall consist of all basic record forms,
including patient personal records and medical record forms, and
the manner of their use shall be precisely uniform throughout
all state-operated services facilities.
new text end

new text begin Subd. 2. new text end

new text begin Definitions; risk assessment and management. new text end

new text begin (a)
As used in this section:
new text end

new text begin (1) "appropriate and necessary medical and other records"
includes patient medical record and other protected health
information as defined by Code of Federal Regulations, title 45,
section 164.501, relating to a patient in a state-operated
services facility, including but not limited to the patient's
treatment plan and abuse prevention plan that is pertinent to
the patient's ongoing care, treatment, or placement in a
community-based treatment facility or a health care facility
that is not operated by state-operated services, and includes
information describing the level of risk posed by a patient when
the patient enters such a facility;
new text end

new text begin (2) "community-based treatment" means the community support
services listed in section 253B.02, subdivision 4b;
new text end

new text begin (3) "criminal history databases" refers to the Corrections
Offender Management Systems (COMS) and Statewide Supervision
System (S3) maintained by the Department of Corrections;
Criminal Justice Information System (CJIS) and Predatory
Offender Registration (POR) system maintained by the Department
of Public Safety; and the CriMNet system. As used in this
section, criminal history data means those data maintained or
used by the Department of Corrections or the Department of
Public Safety that describe a person's criminal history or
propensity for violence;
new text end

new text begin (4) "designated agency" means the agency defined in section
253B.02, subdivision 5;
new text end

new text begin (5) "law enforcement agency" means the law enforcement
agency having primary jurisdiction over the location where the
offender expects to reside upon release;
new text end

new text begin (6) "predatory offender" and "offender" mean a person who
is required to register as a predatory offender under section
243.166; and
new text end

new text begin (7) "treatment facility" means a facility as defined in
section 253B.02, subdivision 19.
new text end

new text begin (b) To promote public safety and for the purposes and
subject to the requirements of paragraph (c), the commissioner
or the commissioner's designee shall have access to and review
medical and criminal history data as provided by this section.
new text end

new text begin (c) The commissioner or the commissioner's designee shall
disseminate information to designated treatment facility staff,
special review board members, and end-of-confinement review
committee members such data as is necessary to comply with
Minnesota Rules, part 1205.0400 to:
new text end

new text begin (1) determine whether a patient is required under state law
to register as a predatory offender according to section
244.166;
new text end

new text begin (2) facilitate and expedite the responsibilities of the
special review board and end-of-confinement review committees by
corrections institutions and state treatment facilities;
new text end

new text begin (3) prepare, amend, or revise the abuse prevention plans
required under section 626.557, subdivision 14, and individual
patient treatment plans required under section 253B.03,
subdivision 7; and
new text end

new text begin (4) facilitate the custody, supervision, and transport of
individuals transferred between the Department of Corrections
and the Department of Human Services.
new text end

new text begin (d) The commissioner may have access to the National Crime
Information Center (NCIC) database, through the Department of
Public Safety, in support of the law enforcement function
described in paragraph (c).
new text end

new text begin Subd. 3. new text end

new text begin Community-based treatment and medical
treatment. new text end

new text begin (a) When a patient under the care and supervision of
state-operated services is released to a community-based
treatment facility or facility that provides health care
services, state-operated services may disclose all appropriate
and necessary health and other information relating to the
patient.
new text end

new text begin (b) The information that must be provided to the designated
agency, community-based treatment facility, or facility that
provides health care services includes but is not limited to the
patient's abuse prevention plan required under section 626.557,
subdivision 14, paragraph (b).
new text end

new text begin Subd. 4. new text end

new text begin Predatory offender registration
notification. new text end

new text begin (a) When a state-operated facility determines
that a patient is required under section 243.166, subdivision 1,
to register as a predatory offender or, under section 243.166,
subdivision 4a, to provide notice of a change in status, the
facility shall provide written notice to the patient of the
requirement.
new text end

new text begin (b) If the patient refuses, is unable, or lacks capacity to
comply with the requirement described in paragraph (a) within
five days after receiving the notification of the duty to
comply, state-operated services staff shall obtain and disclose
the necessary data to complete the registration form or change
of status notification for the patient. The treatment facility
shall also forward the registration or change of status data
that it completes to the Bureau of Criminal Apprehension and, as
applicable, the patient's corrections agent and the law
enforcement agency in the community in which the patient
currently resides. If, after providing notification, the
patient refuses to comply with the requirements described in
paragraph (a), the treatment facility shall also notify the
county attorney in the county in which the patient is currently
residing of the refusal.
new text end

new text begin (c) The duties of state-operated services described in this
subdivision do not relieve the patient of the ongoing individual
duty to comply with the requirements of section 243.166.
new text end

new text begin Subd. 5. new text end

new text begin Limitations on use of bloodborne pathogen test
results. new text end

new text begin Sections 246.71, 246.711, 246.712, 246.713, 246.714,
246.715, 246.716, 246.717, 246.718, 246.719, 246.72, 246.721,
and 246.722 apply to state-operated services facilities.
new text end

Sec. 3.

Minnesota Statutes 2004, section 253B.18,
subdivision 4a, is amended to read:

Subd. 4a.

Release on pass; notification.

A patient who
has been committed as a person who is mentally ill and dangerous
and who is confined at a secure treatment facility new text begin or has been
transferred out of a state-operated services facility according
to section 253B.18, subdivision 6, new text end shall not be released on a
pass unless the pass is part of a pass plan that has been
approved by the medical director of the secure treatment
facility. The pass plan must have a specific therapeutic
purpose consistent with the treatment plan, must be established
for a specific period of time, and must have specific levels of
liberty delineated. The county case manager must be invited to
participate in the development of the pass plan. At least ten
days prior to a determination on the plan, the medical director
shall notify the designated agency, the committing court, the
county attorney of the county of commitment, an interested
person, new text begin the local law enforcement agency where the facility is
located, new text end the local law enforcement agency in the location where
the pass is to occur, the petitioner, and the petitioner's
counsel of the plan, the nature of the passes proposed, and
their right to object to the plan. If any notified person
objects prior to the proposed date of implementation, the person
shall have an opportunity to appear, personally or in writing,
before the medical director, within ten days of the objection,
to present grounds for opposing the plan. The pass plan shall
not be implemented until the objecting person has been furnished
that opportunity. Nothing in this subdivision shall be
construed to give a patient an affirmative right to a pass plan.

Sec. 4.

Minnesota Statutes 2004, section 299C.093, is
amended to read:

299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.

The superintendent of the bureau of criminal apprehension
shall maintain a computerized data system relating to
individuals required to register as predatory offenders under
section 243.166. To the degree feasible, the system must
include the deleted text begin information deleted text end new text begin data new text end required to be provided under
section 243.166, subdivisions 4 and 4a, and indicate the time
period that the person is required to register. The
superintendent shall maintain this deleted text begin information deleted text end new text begin data new text end in a manner
that ensures that it is readily available to law enforcement
agencies. This deleted text begin information deleted text end new text begin data new text end is private data on individuals
under section 13.02, subdivision 12, but may be used for law
enforcement and corrections purposes. new text begin State-operated services,
as defined in section 246.014, is also authorized to have access
to the data for the purposes described in section 246.13,
subdivision 2, paragraph (c).
new text end

Sec. 5.

Minnesota Statutes 2004, section 609.2231,
subdivision 3, is amended to read:

Subd. 3.

Correctional employees; probation officers.

Whoever commits either of the following acts against an employee
of a correctional facility as defined in section 241.021,
subdivision 1, paragraph (f), new text begin or an employee or other individual
who provides care or treatment at a treatment facility as
defined in section 252.025, subdivision 7, or 253B.02,
subdivision 18a, new text end or against a probation officer or other
qualified person employed in supervising offenders while the
employee, officer, or person is engaged in the performance of a
duty imposed by law, policy, or rule is guilty of a felony and
may be sentenced to imprisonment for not more than two years or
to payment of a fine of not more than $4,000, or both:

(1) assaults the deleted text begin employee deleted text end new text begin person new text end and inflicts demonstrable
bodily harm; or

(2) intentionally throws or otherwise transfers bodily
fluids or feces at or onto the deleted text begin employee deleted text end new text begin person new text end .

Sec. 6.

Minnesota Statutes 2004, section 626.557,
subdivision 14, is amended to read:

Subd. 14.

Abuse prevention plans.

(a) Each facility,
except home health agencies and personal care attendant services
providers, shall establish and enforce an ongoing written abuse
prevention plan. The plan shall contain an assessment of the
physical plant, its environment, and its population identifying
factors which may encourage or permit abuse, and a statement of
specific measures to be taken to minimize the risk of abuse.
The plan shall comply with any rules governing the plan
promulgated by the licensing agency.

(b) Each facility, including a home health care agency and
personal care attendant services providers, shall develop an
individual abuse prevention plan for each vulnerable adult
residing there or receiving services from them. The plan shall
contain an individualized assessment of new text begin both new text end the person's
susceptibility to abuse by other individuals, including other
vulnerable adults, and new text begin the potential risks posed by the person
to the other patients, to facility staff, and to others; and new text end a
statement of the specific measures to be taken to minimize the
risk of abuse to that person new text begin and others new text end . For the purposes of
this clause, the term "abuse" includes self-abuse.

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 246.017, subdivision 1, is
repealed.
new text end

ARTICLE 7

HUMAN SERVICES BACKGROUND STUDIES

Section 1.

Minnesota Statutes 2004, section 13.461, is
amended by adding a subdivision to read:

new text begin Subd. 29. new text end

new text begin Disqualification from direct contact. new text end

new text begin The
classification of data about individuals disqualified from
providing direct contact services is governed by section
245C.22, subdivision 7.
new text end

Sec. 2.

Minnesota Statutes 2004, section 245C.03,
subdivision 1, is amended to read:

Subdivision 1.

Licensed programs.

(a) The commissioner
shall conduct a background study on:

(1) the person or persons applying for a license;

(2) an individual age 13 and over living in the household
where the licensed program will be provided;

(3) current new text begin or prospective new text end employees or contractors of the
applicant who will have direct contact with persons served by
the facility, agency, or program;

(4) volunteers or student volunteers who will have direct
contact with persons served by the program to provide program
services if the contact is not under the continuous, direct
supervision by an individual listed in clause (1) or (3);

(5) an individual age ten to 12 living in the household
where the licensed services will be provided when the
commissioner has reasonable cause;

(6) an individual who, without providing direct contact
services at a licensed program, may have unsupervised access to
children or vulnerable adults receiving services from a program
licensed to provide:

(i) family child care for children;

(ii) foster care for children in the provider's own home;
or

(iii) foster care or day care services for adults in the
provider's own home; and

(7) all managerial officials as defined under section
245A.02, subdivision 5a.

The commissioner must have reasonable cause to study an
individual under this subdivision.

(b) For family child foster care settings, a short-term
substitute caregiver providing direct contact services for a
child for less than 72 hours of continuous care is not required
to receive a background study under this chapter.

Sec. 3.

Minnesota Statutes 2004, section 245C.13,
subdivision 2, is amended to read:

Subd. 2.

Direct contact pending completion of background
study.

deleted text begin Unless otherwise specified, the subject of a background
study may have direct contact with persons served by a program
after the background study form is mailed or submitted to the
commissioner pending notification of the study results under
section 245C.17. deleted text end new text begin The subject of a background study may not
perform any activity requiring a background study under
paragraph (b) until the commissioner has issued one of the
notices under paragraph (a).
new text end

new text begin (a) Notices from the commissioner required prior to
activity under paragraph (b) include:
new text end

new text begin (1) a notice of the study results under section 245C.17
stating that:
new text end

new text begin (i) the individual is not disqualified; or
new text end

new text begin (ii) more time is needed to complete the study but the
individual is not required to be removed from direct contact or
access to people receiving services prior to completion of the
study as provided under section 245A.17, paragraph (c);
new text end

new text begin (2) a notice that a disqualification has been set aside
under section 245C.23; or
new text end

new text begin (3) a notice that a variance has been granted related to
the individual under section 245C.30.
new text end

new text begin (b) Activities prohibited prior to receipt of notice under
paragraph (a) include:
new text end

new text begin (1) being issued a license;
new text end

new text begin (2) living in the household where the licensed program will
be provided;
new text end

new text begin (3) providing direct contact services to persons served by
a program; or
new text end

new text begin (4) having access to persons receiving services if the
background study was completed under section 245C.03,
subdivision 1, paragraph (a), clause (2), (5), or (6), or
144.057, subdivision 1.
new text end

Sec. 4.

Minnesota Statutes 2004, section 245C.15,
subdivision 1, is amended to read:

Subdivision 1.

Permanent disqualification.

(a) An
individual is disqualified under section 245C.14 if: (1)
regardless of how much time has passed since the discharge of
the sentence imposed new text begin , if any, new text end for the offense; and (2) unless
otherwise specified, regardless of the level of the deleted text begin conviction
deleted text end new text begin offense new text end , the individual deleted text begin is convicted of deleted text end new text begin has committed new text end any of the
following offenses: sections new text begin 152.021 (controlled substance
crime in the first degree); 152.022 (controlled substance crime
in the second degree); 152.023 (controlled substance crime in
the third degree); 152.024 (controlled substance crime in the
fourth degree); 152.0261 (importing controlled substances across
state lines); 609.165 (certain convicted felons ineligible to
possess firearms); new text end 609.185 (murder in the first degree); 609.19
(murder in the second degree); 609.195 (murder in the third
degree); 609.20 (manslaughter in the first degree); 609.205
(manslaughter in the second degree); new text begin 609.21 (criminal vehicular
homicide and injury); new text end 609.221 deleted text begin or deleted text end new text begin (assault in the first degree);
new text end 609.222 (assault in the deleted text begin first or deleted text end second degree); new text begin 609.223
(assault in the third degree); new text end a felony offense under sections
609.2242 and 609.2243 (domestic assault), spousal abuse, child
abuse or neglect, or a crime against children; 609.228 (great
bodily harm caused by distribution of drugs); new text begin an offense
punishable as a felony under 609.229 (crime committed for the
benefit of a gang); 609.235 (use of drugs to injure or
facilitate a crime); 609.24 (simple robbery); new text end 609.245
(aggravated robbery); 609.25 (kidnapping); new text begin 609.255 (false
imprisonment); new text end 609.2661 (murder of an unborn child in the first
degree); 609.2662 (murder of an unborn child in the second
degree); 609.2663 (murder of an unborn child in the third
degree); new text begin 609.2664 (manslaughter of an unborn child in the first
degree); 609.2665 (manslaughter of an unborn child in the second
degree); 609.267 (assault of an unborn child in the first
degree); 609.2671 (assault of an unborn child in the second
degree); 609.268 (injury or death of an unborn child in
commission of a crime); new text end 609.322 (solicitation, inducement, and
promotion of prostitution); a felony offense under 609.324,
subdivision 1 (other prohibited acts); 609.342 (criminal sexual
conduct in the first degree); 609.343 (criminal sexual conduct
in the second degree); 609.344 (criminal sexual conduct in the
third degree); 609.345 (criminal sexual conduct in the fourth
degree); new text begin 609.3451 (criminal sexual conduct in the fifth degree);
new text end 609.352 (solicitation of children to engage in sexual conduct);
609.365 (incest); new text begin an offense punishable as new text end a felony deleted text begin offense
deleted text end under 609.377 (malicious punishment of a child); new text begin an offense
punishable as new text end a felony deleted text begin offense deleted text end under 609.378 (neglect or
endangerment of a child); new text begin 609.498 (tampering with a witness);
new text end 609.561 (arson in the first degree); new text begin 609.562 (arson in the
second degree); 609.582, subdivision 1 (burglary in the first
degree); new text end 609.66, subdivision 1e (drive-by shooting); new text begin 609.687
(adulteration); new text end 609.749, subdivision 3, 4, or 5 (felony-level
harassment; stalking); 609.855, subdivision 5 (shooting at or in
a public transit vehicle or facility); 617.246 (use of minors in
sexual performance prohibited); deleted text begin or deleted text end 617.247 (possession of
pictorial representations of minors) new text begin ; or an offense punishable
as a felony under 624.713 (certain persons not to have pistols
or semiautomatic military-style assault weapons) new text end .

new text begin (b) new text end An individual also is disqualified under section
245C.14 regardless of how much time has passed since new text begin :
new text end

new text begin (1) new text end the involuntary termination of the individual's
parental rights under section 260C.301 new text begin ;
new text end

new text begin (2) an administrative determination under section 626.556
of sexual abuse of a minor or abuse of a minor resulting in
death or serious injury as defined under section 245C.02,
subdivision 18; or
new text end

new text begin (3) an administrative determination under section 626.557
of sexual abuse of a vulnerable adult or abuse of a vulnerable
adult resulting in death or serious injury as defined under
section 245C.02, subdivision 18 new text end .

deleted text begin (b) deleted text end new text begin (c) new text end An individual's new text begin aiding and abetting, new text end attempt new text begin , new text end or
conspiracy to commit any of the offenses listed in paragraph
(a), as each of these offenses is defined in Minnesota Statutes,
permanently disqualifies the individual under section 245C.14.

deleted text begin (c) deleted text end new text begin (d) new text end An individual's offense in any other state or
country, where the elements of the offense are substantially
similar to any of the offenses listed in paragraph (a),
permanently disqualifies the individual under section 245C.14.

Sec. 5.

Minnesota Statutes 2004, section 245C.15,
subdivision 2, is amended to read:

Subd. 2.

15-year disqualification.

(a) An individual is
disqualified under section 245C.14 if: (1) less than 15 years
have passed since the discharge of the sentence imposed new text begin , if any,
new text end for the offense; and (2) the individual has deleted text begin received deleted text end new text begin committed new text end a
deleted text begin felony conviction for a deleted text end new text begin felony-level new text end violation of any of the
following offenses: sections new text begin 152.025 (controlled substance
crime in the fifth degree); new text end 260C.301 (grounds for termination of
parental rights); deleted text begin 609.165 (felon ineligible to possess firearm);
609.21 (criminal vehicular homicide and injury); deleted text end 609.215
(suicide); deleted text begin 609.223 or deleted text end 609.2231 (assault in the deleted text begin third or deleted text end fourth
degree); repeat offenses under 609.224 (assault in the fifth
degree); 609.2325 (criminal abuse of a vulnerable adult);
609.2335 (financial exploitation of a vulnerable adult); deleted text begin 609.235
(use of drugs to injure or facilitate crime); 609.24 (simple
robbery); 609.255 (false imprisonment); 609.2664 (manslaughter
of an unborn child in the first degree); 609.2665 (manslaughter
of an unborn child in the second degree); 609.267 (assault of an
unborn child in the first degree); 609.2671 (assault of an
unborn child in the second degree); 609.268 (injury or death of
an unborn child in the commission of a crime); deleted text end 609.27
(coercion); 609.275 (attempt to coerce); deleted text begin repeat offenses under
609.3451 (criminal sexual conduct in the fifth degree); 609.498,
subdivision 1 or 1b (aggravated first degree or first degree
tampering with a witness); deleted text end 609.52 (theft); 609.521 (possession
of shoplifting gear); deleted text begin 609.562 (arson in the second degree);
deleted text end 609.563 (arson in the third degree); 609.582 new text begin , subdivision 2, 3,
or 4 new text end (burglary new text begin in the second, third, or fourth degree new text end ); 609.625
(aggravated forgery); 609.63 (forgery); 609.631 (check forgery;
offering a forged check); 609.635 (obtaining signature by false
pretense); 609.66 (dangerous weapons); 609.67 (machine guns and
short-barreled shotguns); deleted text begin 609.687 (adulteration); deleted text end 609.71 (riot);
609.713 (terroristic threats); repeat offenses under 617.23
(indecent exposure; penalties); repeat offenses under 617.241
(obscene materials and performances; distribution and exhibition
prohibited; penalty); deleted text begin chapter 152 (drugs; controlled substance);
deleted text end or a felony new text begin - new text end level conviction involving alcohol or drug use.

(b) An individual is disqualified under section 245C.14 if
less than 15 years has passed since the individual's new text begin aiding and
abetting, new text end attempt new text begin , new text end or conspiracy to commit any of the offenses
listed in paragraph (a), as each of these offenses is defined in
Minnesota Statutes.

(c) An individual is disqualified under section 245C.14 if
less than 15 years has passed since the discharge of the
sentence imposed for an offense in any other state or country,
the elements of which are substantially similar to the elements
of the offenses listed in paragraph (a).

(d) If the individual studied is convicted of one of the
felonies listed in paragraph (a), but the sentence is a gross
misdemeanor or misdemeanor disposition, the individual is
disqualified but the disqualification lookback period for the
conviction is the period applicable to the gross misdemeanor or
misdemeanor disposition.

Sec. 6.

Minnesota Statutes 2004, section 245C.15,
subdivision 3, is amended to read:

Subd. 3.

Ten-year disqualification.

(a) An individual is
disqualified under section 245C.14 if: (1) less than ten years
have passed since the discharge of the sentence imposed new text begin , if any,
new text end for the offense; and (2) the individual has deleted text begin received deleted text end new text begin committed new text end a
gross deleted text begin misdemeanor conviction for a deleted text end new text begin misdemeanor-level new text end violation
of any of the following offenses: sections 609.224 (assault in
the fifth degree); 609.224, subdivision 2, paragraph (c)
(assault in the fifth degree by a caregiver against a vulnerable
adult); 609.2242 and 609.2243 (domestic assault); 609.23
(mistreatment of persons confined); 609.231 (mistreatment of
residents or patients); 609.2325 (criminal abuse of a vulnerable
adult); 609.233 (criminal neglect of a vulnerable adult);
609.2335 (financial exploitation of a vulnerable adult); 609.234
(failure to report maltreatment of a vulnerable adult); 609.265
(abduction); 609.275 (attempt to coerce); 609.324, subdivision
1a (other prohibited acts; minor engaged in prostitution);
609.33 (disorderly house); deleted text begin 609.3451 (criminal sexual conduct in
the fifth degree); deleted text end new text begin misdemeanor or gross misdemeanor offenses
under new text end 609.377 (malicious punishment of a child); new text begin misdemeanor or
gross misdemeanor offenses under new text end 609.378 (neglect or
endangerment of a child); 609.52 (theft); 609.582 (burglary);
609.631 (check forgery; offering a forged check); 609.66
(dangerous weapons); 609.71 (riot); 609.72, subdivision 3
(disorderly conduct against a vulnerable adult); repeat offenses
under 609.746 (interference with privacy); 609.749, subdivision
2 (harassment; stalking); repeat offenses under 617.23 (indecent
exposure); 617.241 (obscene materials and performances); 617.243
(indecent literature, distribution); 617.293 (harmful materials;
dissemination and display to minors prohibited); or violation of
an order for protection under section 518B.01, subdivision 14.

(b) An individual is disqualified under section 245C.14 if
less than ten years has passed since the individual's new text begin aiding and
abetting, new text end attempt new text begin , new text end or conspiracy to commit any of the offenses
listed in paragraph (a), as each of these offenses is defined in
Minnesota Statutes.

(c) An individual is disqualified under section 245C.14 if
less than ten years has passed since the discharge of the
sentence imposed for an offense in any other state or country,
the elements of which are substantially similar to the elements
of any of the offenses listed in paragraph (a).

(d) If the defendant is convicted of one of the gross
misdemeanors listed in paragraph (a), but the sentence is a
misdemeanor disposition, the individual is disqualified but the
disqualification lookback period for the conviction is the
period applicable to misdemeanors.

Sec. 7.

Minnesota Statutes 2004, section 245C.15,
subdivision 4, is amended to read:

Subd. 4.

Seven-year disqualification.

(a) An individual
is disqualified under section 245C.14 if: (1) less than seven
years has passed since the discharge of the sentence imposed new text begin , if
any, new text end for the offense; and (2) the individual has deleted text begin received
deleted text end new text begin committed new text end a deleted text begin misdemeanor conviction for a deleted text end new text begin misdemeanor-level
new text end violation of any of the following offenses: sections 609.224
(assault in the fifth degree); 609.2242 (domestic assault);
609.2335 (financial exploitation of a vulnerable adult); 609.234
(failure to report maltreatment of a vulnerable adult); 609.2672
(assault of an unborn child in the third degree); 609.27
(coercion); violation of an order for protection under 609.3232
(protective order authorized; procedures; penalties); 609.52
(theft); 609.66 (dangerous weapons); 609.665 (spring guns);
609.746 (interference with privacy); 609.79 (obscene or
harassing deleted text begin phone deleted text end new text begin telephone new text end calls); 609.795 (letter, telegram, or
package; opening; harassment); 617.23 (indecent exposure;
penalties); 617.293 (harmful materials; dissemination and
display to minors prohibited); or violation of an order for
protection under section 518B.01 (Domestic Abuse Act).

(b) An individual is disqualified under section 245C.14 if
less than seven years has passed since a determination or
disposition of the individual's:

(1) failure to make required reports under section 626.556,
subdivision 3, or 626.557, subdivision 3, for incidents in
which: (i) the final disposition under section 626.556 or
626.557 was substantiated maltreatment, and (ii) the
maltreatment was recurring or serious; or

(2) new text begin except for disqualifications under subdivision 1,
new text end substantiated serious or recurring maltreatment of a minor under
section 626.556, a vulnerable adult under section 626.557, or
serious or recurring maltreatment in any other state, the
elements of which are substantially similar to the elements of
maltreatment under section 626.556 or 626.557 for which: (i)
there is a preponderance of evidence that the maltreatment
occurred, and (ii) the subject was responsible for the
maltreatment.

(c) An individual is disqualified under section 245C.14 if
less than seven years has passed since the individual's attempt
or conspiracy to commit any of the offenses listed in paragraphs
(a) and (b), as each of these offenses is defined in Minnesota
Statutes.

(d) An individual is disqualified under section 245C.14 if
less than seven years has passed since the discharge of the
sentence imposed for an offense in any other state or country,
the elements of which are substantially similar to the elements
of any of the offenses listed in paragraphs (a) and (b).

Sec. 8.

Minnesota Statutes 2004, section 245C.17,
subdivision 1, is amended to read:

Subdivision 1.

Time frame for notice of study results.

(a) Within 15 working days after the commissioner's receipt of
the background study form, the commissioner shall notify the
individual who is the subject of the study in writing or by
electronic transmission of the results of the study or that more
time is needed to complete the study.

(b) Within 15 working days after the commissioner's receipt
of the background study form, the commissioner shall notify the
applicant, license holder, or other entity as provided in this
chapter in writing or by electronic transmission of the results
of the study or that more time is needed to complete the study.

new text begin (c) When the commissioner has completed a prior background
study on an individual that resulted in an order for immediate
removal and more time is necessary to complete a subsequent
study, the notice that more time is needed that is issued under
paragraphs (a) and (b) shall include an order for immediate
removal of the individual from any position allowing direct
contact with or access to people receiving services pending
completion of the background study.
new text end

Sec. 9.

Minnesota Statutes 2004, section 245C.17,
subdivision 2, is amended to read:

Subd. 2.

Disqualification notice sent to subject.

(a) If
the information in the study indicates the individual is
disqualified from direct contact with, or from access to,
persons served by the program, the commissioner shall disclose
to the individual studied:

(1) the information causing disqualification;

(2) instructions on how to request a reconsideration of the
disqualification; deleted text begin and
deleted text end

(3) new text begin an explanation of any restrictions on the
commissioner's discretion to set aside the disqualification
under section 245C.24, subdivision 2, when applicable to the
individual;
new text end

new text begin (4) a statement indicating that if the individual's
disqualification is set aside or the facility is granted a
variance under section 245C.30, the individual's identity and
the reason for the individual's disqualification will become
public data; and
new text end

new text begin (5) new text end the commissioner's determination of the individual's
new text begin immediate new text end risk of harm under section 245C.16.

(b) If the commissioner determines under section 245C.16
that an individual poses an imminent risk of harm to persons
served by the program where the individual will have direct
contact, the commissioner's notice must include an explanation
of the basis of this determination.

(c) If the commissioner determines under section 245C.16
that an individual studied does not pose a risk of harm that
requires deleted text begin continuous, direct supervision, the commissioner shall
only notify the individual of the disqualification deleted text end new text begin immediate
removal, the individual shall be informed of the conditions
under which the agency that initiated the background study may
allow the individual to provide direct contact services as
provided under subdivision 3 new text end .

Sec. 10.

Minnesota Statutes 2004, section 245C.17,
subdivision 3, is amended to read:

Subd. 3.

Disqualification notice sent to applicant,
license holder, or other entity.

(a) The commissioner shall
notify an applicant, license holder, or other entity as provided
in this chapter who is not the subject of the study:

(1) that the commissioner has found information that
disqualifies the individual studied from direct contact with, or
from access to, persons served by the program; and

(2) the commissioner's determination of the individual's
risk of harm under section 245C.16.

(b) If the commissioner determines under section 245C.16
that an individual studied poses an imminent risk of harm to
persons served by the program where the individual studied will
have direct contact, the commissioner shall order the license
holder to immediately remove the individual studied from direct
contact.

(c) If the commissioner determines under section 245C.16
that an individual studied poses a risk of harm that requires
continuous, direct supervision, the commissioner shall order the
applicant, license holder, or other entities as provided in this
chapter to:

(1) immediately remove the individual studied from direct
contact services; or

(2) new text begin before allowing the disqualified individual to provide
direct contact services, the applicant, license holder, or other
entity as provided in this chapter must: (i) obtain from the
disqualified individual a copy of the individual's notice of
disqualification from the commissioner that explains the reason
for disqualification; (ii) new text end assure that the individual studied is
under continuous, direct supervision when providing direct
contact services during the period in which the individual may
request a reconsideration of the disqualification under section
245C.21 new text begin ; and (iii) assure that the disqualified individual
requests reconsideration within 30 days of receipt of the notice
of disqualification new text end .

(d) If the commissioner determines under section 245C.16
that an individual studied does not pose a risk of harm that
requires continuous, direct supervision, the commissioner shall
deleted text begin send the license holder a notice that more time is needed to
complete the individual's background study deleted text end new text begin order the applicant,
license holder, or other entities as provided in this chapter
to: (1) immediately remove the individual studied from direct
contact services; or (2) before allowing the disqualified
individual to provide direct contact services, the applicant,
license holder, or other entity as provided in this chapter
must: (i) obtain from the disqualified individual a copy of the
individual's notice of disqualification from the commissioner
that explains the reason for disqualification; and (ii) assure
that the disqualified individual requests reconsideration within
15 days of receipt of the notice of disqualification new text end .

(e) The commissioner shall not notify the applicant,
license holder, or other entity as provided in this chapter of
the information contained in the subject's background study
unless:

(1) the basis for the disqualification is failure to
cooperate with the background study or substantiated
maltreatment under section 626.556 or 626.557;

(2) the Data Practices Act under chapter 13 provides for
release of the information; or

(3) the individual studied authorizes the release of the
information.

Sec. 11.

Minnesota Statutes 2004, section 245C.21,
subdivision 3, is amended to read:

Subd. 3.

Information disqualified individuals must
provide when requesting reconsideration.

deleted text begin The deleted text end new text begin (a) When a
new text end disqualified individual deleted text begin requesting reconsideration deleted text end new text begin requests that
the commissioner rescind the disqualification, the individual
new text end must submit information showing that:

(1) the information the commissioner relied upon in
determining the underlying conduct that gave rise to the
disqualification is incorrect;

(2) for new text begin disqualifications under section 245C.15,
subdivision 1, based on maltreatment, the information the
commissioner relied upon in determining that maltreatment
resulted in death or serious injury as defined under section
245C.02, subdivision 18, is incorrect; or
new text end

new text begin (3) for disqualifications under section 245C.15,
subdivision 4, based on new text end maltreatment, the information the
commissioner relied upon in determining that maltreatment was
serious or recurring is incorrect deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (3) deleted text end new text begin (b) When a disqualified individual requests that the
commissioner set aside a disqualification, the individual must
submit information showing that:
new text end

new text begin (1) new text end the subject of the study does not pose a risk of harm
to any person served by the applicant, license holder, or other
entities as provided in this chapter, by addressing the
information required under section 245C.22, subdivision 4 new text begin ; and
new text end

new text begin (2) the disqualified individual has received a notice
stating that if the disqualification is set aside, the
individual's identity and the individual's disqualifying
characteristics will become public data new text end .

Sec. 12.

Minnesota Statutes 2004, section 245C.21,
subdivision 4, is amended to read:

Subd. 4.

Notice of request for reconsideration.

Upon
request, the commissioner may inform the applicant, license
holder, or other entities as provided in this chapter who
received a notice of the individual's disqualification under
section 245C.17 deleted text begin , subdivision 3, or has the consent of the
disqualified individual, deleted text end whether the disqualified individual has
requested reconsideration.

Sec. 13.

Minnesota Statutes 2004, section 245C.22, is
amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Classification of certain data as public or
private. new text end

new text begin (a) Notwithstanding section 13.46, upon setting aside
a disqualification under this section, the identity of the
disqualified individual who received the set aside pursuant to
section 13.461 and the individual's disqualifying
characteristics are public data.
new text end

new text begin (b) Notwithstanding section 13.46, upon granting a variance
to a license holder under section 245C.30, the identity of the
disqualified individual who is the subject of the variance, the
individual's disqualifying characteristics, and the terms of the
variance are public data.
new text end

new text begin (c) The identity of a disqualified individual and the
reason for disqualification remain private data when a
disqualification is:
new text end

new text begin (1) not set aside and no variance is granted; and
new text end

new text begin (2) rescinded because the information relied upon to
disqualify the individual is incorrect.
new text end

Sec. 14.

Minnesota Statutes 2004, section 245C.23,
subdivision 1, is amended to read:

Subdivision 1.

Commissioner's notice of disqualification
that is new text begin rescinded or new text end set aside.

deleted text begin (a) Except as provided under
paragraph (c), deleted text end If the commissioner new text begin rescinds or new text end sets aside a
disqualification, the commissioner shall notify the applicant or
license holder in writing or by electronic transmission of the
decision. new text begin In the notice from the commissioner that a
disqualification has been rescinded, the commissioner must
inform the license holder that the information relied upon to
disqualify the individual was incorrect. new text end In the notice from the
commissioner that a disqualification has been set aside, the
commissioner must inform the license holder deleted text begin that information
about the nature deleted text end of the new text begin reason for the individual's
new text end disqualification and which factors under section 245C.22,
subdivision 4, were the basis of the decision to set aside the
disqualification deleted text begin are available to the license holder upon
request without the consent of the background study subject deleted text end .

deleted text begin (b) With the written consent of the background study
subject, the commissioner may release to the license holder
copies of all information related to the background study
subject's disqualification and the commissioner's decision to
set aside the disqualification as specified in the written
consent.
deleted text end

deleted text begin (c) If the individual studied submits a timely request for
reconsideration under section 245C.21 and the license holder was
previously sent a notice under section 245C.17, subdivision 3,
paragraph (d), and if the commissioner sets aside the
disqualification for that license holder under section 245C.22,
the commissioner shall send the license holder the same
notification received by license holders in cases where the
individual studied has no disqualifying characteristic.
deleted text end

Sec. 15.

Minnesota Statutes 2004, section 245C.24,
subdivision 2, is amended to read:

Subd. 2.

Permanent bar to set aside deleted text begin of deleted text end new text begin a
new text end disqualification.

new text begin (a) Except as provided in paragraph (b), new text end the
commissioner may not set aside the disqualification of an
individual in connection with a license deleted text begin to provide family child
care for children, foster care for children in the provider's
home, or foster care or day care services for adults in the
provider's home, deleted text end new text begin issued or in application status under chapter
245A, new text end regardless of how much time has passed, if the provider
was disqualified for a crime or conduct listed in section
245C.15, subdivision 1.

new text begin (b) Unless the disqualification under section 245C.15,
subdivision 1, relates to criminal sexual conduct or a license
to provide family child care, child foster care, adult day
services, or adult foster care in the license holder's
residence, the commissioner is not prohibited from setting aside
a disqualification according to section 245C.22, for an
individual who, in addition to criteria under section 245A.22,
demonstrates to the commissioner that:
new text end

new text begin (1) the person was disqualified because of conduct
prohibited by section 152.021, 152.022, 152.023, or 152.024;
new text end

new text begin (2) the individual has successfully completed chemical
dependency treatment from a program licensed by the Department
of Human Services or operated by the Department of Corrections;
new text end

new text begin (3) at least five years have passed since completion of the
treatment program; and
new text end

new text begin (4) the individual has not engaged in any criminal or
maltreatment behavior since completing treatment.
new text end

Sec. 16.

Minnesota Statutes 2004, section 245C.24,
subdivision 3, is amended to read:

Subd. 3.

Ten-year bar to set aside disqualification.

(a)
new text begin Except as provided in paragraph (d), new text end the commissioner may not
set aside the disqualification of an individual in connection
with a license deleted text begin to provide family child care for children, foster
care for children in the provider's home, or foster care or day
care services for adults in the provider's home deleted text end new text begin under chapter
245A new text end if: (1) less than ten years has passed since the discharge
of the sentence imposed new text begin , if any, new text end for the offense; and (2) the
individual has been deleted text begin convicted of deleted text end new text begin disqualified for new text end a violation of
any of the following offenses: sections deleted text begin 609.165 (felon
ineligible to possess firearm); criminal vehicular homicide
under 609.21 (criminal vehicular homicide and injury); deleted text end 609.215
(aiding suicide or aiding attempted suicide); felony violations
under deleted text begin 609.223 or deleted text end 609.2231 (assault in the deleted text begin third or deleted text end fourth
degree); 609.713 (terroristic threats); deleted text begin 609.235 (use of drugs to
injure or to facilitate crime); 609.24 (simple robbery); 609.255
(false imprisonment); 609.562 (arson in the second degree);
deleted text end 609.71 (riot); deleted text begin 609.498, subdivision 1 or 1b (aggravated first
degree or first degree tampering with a witness); burglary in
the first or second degree under deleted text end 609.582 new text begin , subdivision
2 new text end (burglary new text begin in the second degree new text end ); 609.66 new text begin , subdivision 1, 1a,
1b, 1c, 1d, 1f, 1g, or 1h new text end (dangerous weapon); 609.665 (spring
guns); 609.67 (machine guns and short-barreled shotguns);
609.749, subdivision 2 (gross misdemeanor harassment; stalking);
deleted text begin 152.021 or 152.022 (controlled substance crime in the first or
second degree); 152.023, subdivision 1, clause (3) or (4) or
subdivision 2, clause (4) (controlled substance crime in the
third degree); 152.024, subdivision 1, clause (2), (3), or (4)
(controlled substance crime in the fourth degree); deleted text end 609.224,
subdivision 2, paragraph (c) (fifth degree assault by a
caregiver against a vulnerable adult); 609.23 (mistreatment of
persons confined); 609.231 (mistreatment of residents or
patients); 609.2325 (criminal abuse of a vulnerable adult);
609.233 (criminal neglect of a vulnerable adult); 609.2335
(financial exploitation of a vulnerable adult); 609.234 (failure
to report); 609.265 (abduction); deleted text begin 609.2664 to 609.2665
(manslaughter of an unborn child in the first or second degree);
609.267 to deleted text end 609.2672 (assault of an unborn child in the deleted text begin first,
second, or deleted text end third degree); deleted text begin 609.268 (injury or death of an unborn
child in the commission of a crime); deleted text end 617.293 (disseminating or
displaying harmful material to minors); a felony new text begin - new text end level
conviction involving alcohol or drug use, a gross misdemeanor
offense under 609.324, subdivision 1 (other prohibited acts); a
gross misdemeanor offense under 609.378 (neglect or endangerment
of a child); a gross misdemeanor offense under 609.377
(malicious punishment of a child); or 609.72, subdivision 3
(disorderly conduct against a vulnerable adult).

(b) The commissioner may not set aside the disqualification
of an individual if less than ten years have passed since the
individual's new text begin aiding and abetting, new text end attempt new text begin , new text end or conspiracy to
commit any of the offenses listed in paragraph (a) as each of
these offenses is defined in Minnesota Statutes.

(c) The commissioner may not set aside the disqualification
of an individual if less than ten years have passed since the
discharge of the sentence imposed for an offense in any other
state or country, the elements of which are substantially
similar to the elements of any of the offenses listed in
paragraph (a).

new text begin (d) Unless the disqualification under paragraph (a) relates
to a license to provide family child care, child foster care,
adult day services, or adult foster care in the license holder's
residence, the commissioner is not prohibited from setting aside
a disqualification for disqualification listed in paragraph (a)
according to section 245C.22, for an individual who, in addition
to criteria under section 245A.22, demonstrates to the
commissioner that:
new text end

new text begin (1) the person was disqualified because of conduct
prohibited by section 152.021, 152.022, 152.023, or 152.024;
new text end

new text begin (2) the individual has successfully completed chemical
dependency treatment from a program licensed by the Department
of Human Services or operated by the Department of Corrections;
new text end

new text begin (3) at least five years have passed since completion of the
treatment program; and
new text end

new text begin (4) the individual has not engaged in any criminal or
maltreatment behavior since completing treatment.
new text end

Sec. 17.

Minnesota Statutes 2004, section 245C.24,
subdivision 4, is amended to read:

Subd. 4.

Seven-year bar to set aside disqualification.

new text begin (a) Except as provided in paragraph (b), new text end the commissioner may
not set aside the disqualification of an individual in
connection with a license deleted text begin to provide family child care for
children, foster care for children in the provider's home, or
foster care or day care services for adults in the provider's
home deleted text end new text begin under chapter 245A new text end if within seven years preceding the
study:

(1) the individual deleted text begin committed an act that constitutes deleted text end new text begin was
determined to be responsible for new text end maltreatment deleted text begin of a child deleted text end under
section 626.556, deleted text begin subdivision 10e, deleted text end new text begin and:
new text end

new text begin (i) the maltreatment is a disqualification under section
245C.15, subdivision 4; new text end and

new text begin (ii) new text end the maltreatment resulted in substantial bodily harm
as defined in section 609.02, subdivision 7a, or substantial
mental or emotional harm as supported by competent psychological
or psychiatric evidence; or

(2) the individual was determined new text begin to be responsible for
maltreatment new text end under section 626.557 deleted text begin to be the perpetrator of a
substantiated incident of maltreatment of a vulnerable adult
that deleted text end new text begin , and:
new text end

new text begin (i) the maltreatment is a disqualification under section
245C.15, subdivision 4; and
new text end

new text begin (ii) the maltreatment new text end resulted in substantial bodily harm
as defined in section 609.02, subdivision 7a, or substantial
mental or emotional harm as supported by competent psychological
or psychiatric evidence.

new text begin (b) Unless the disqualification under paragraph (a) relates
to a license to provide family child care, child foster care,
adult day services, or adult foster care in the license holder's
residence, the commissioner is not prohibited from setting aside
a disqualification for disqualification listed in paragraph (a)
according to section 245C.22, for an individual who, in addition
to criteria under section 245A.22, demonstrates to the
commissioner that:
new text end

new text begin (1) the person was disqualified because of conduct
prohibited by section 152.021, 152.022, 152.023, or 152.024;
new text end

new text begin (2) the individual has successfully completed chemical
dependency treatment from a program licensed by the Department
of Human Services or operated by the Department of Corrections;
new text end

new text begin (3) at least five years have passed since completion of the
treatment program; and
new text end

new text begin (4) the individual has not engaged in any criminal or
maltreatment behavior since completing treatment.
new text end

Sec. 18.

Minnesota Statutes 2004, section 245C.24, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Notification of disqualifications. new text end

new text begin The
commissioner shall expand notification of disqualifications to
entities and inform the public about disqualifications as
provided under this chapter and section 13.46.
new text end

Sec. 19.

Minnesota Statutes 2004, section 245C.30,
subdivision 1, is amended to read:

Subdivision 1.

License holder variance.

(a) new text begin Except for
any disqualification under section 245C.15, subdivision 1, new text end when
the commissioner has not set aside a background study subject's
disqualification, and there are conditions under which the
disqualified individual may provide direct contact services or
have access to people receiving services that minimize the risk
of harm to people receiving services, the commissioner may grant
a time-limited variance to a license holder.

(b) The variance shall state the reason for the
disqualification, the services that may be provided by the
disqualified individual, and the conditions with which the
license holder or applicant must comply for the variance to
remain in effect.

new text begin (c) Except for programs licensed to provide family child
care for children, foster care for children in the provider's
own home, or foster care or day care services for adults in the
provider's own home, the variance must be requested by the
license holder.
new text end

Sec. 20.

Minnesota Statutes 2004, section 245C.30,
subdivision 2, is amended to read:

Subd. 2.

Disclosure of reason for disqualification.

deleted text begin (a)
deleted text end The commissioner may not grant a variance for a disqualified
individual unless the deleted text begin applicant or license holder requests the
variance and the deleted text end disqualified individual provides written
consent for the commissioner to disclose to the applicant or
license holder the reason for the disqualification new text begin ; and the
commissioner has documentation showing that the disqualified
individual has been informed that if the variance is granted,
the individual's identity, reason for disqualification under
section 13.461, and terms of the variance will become public
data new text end .

deleted text begin (b) This subdivision does not apply to programs licensed to
provide family child care for children, foster care for children
in the provider's own home, or foster care or day care services
for adults in the provider's own home.
deleted text end

Sec. 21.

Minnesota Statutes 2004, section 626.557,
subdivision 12b, is amended to read:

Subd. 12b.

Data management.

(a) [COUNTY DATA.] In
performing any of the duties of this section as a lead agency,
the county social service agency shall maintain appropriate
records. Data collected by the county social service agency
under this section are welfare data under section 13.46.
Notwithstanding section 13.46, subdivision 1, paragraph (a),
data under this paragraph that are inactive investigative data
on an individual who is a vendor of services are private data on
individuals, as defined in section 13.02. The identity of the
reporter may only be disclosed as provided in paragraph (c).

Data maintained by the common entry point are confidential
data on individuals or protected nonpublic data as defined in
section 13.02. Notwithstanding section 138.163, the common
entry point shall destroy data three calendar years after date
of receipt.

(b) [LEAD AGENCY DATA.] The commissioners of health and
human services shall prepare an investigation memorandum for
each report alleging maltreatment investigated under this
section. During an investigation by the commissioner of health
or the commissioner of human services, data collected under this
section are confidential data on individuals or protected
nonpublic data as defined in section 13.02. Upon completion of
the investigation, the data are classified as provided in
clauses (1) to (3) and paragraph (c).

(1) The investigation memorandum must contain the following
data, which are public:

(i) the name of the facility investigated;

(ii) a statement of the nature of the alleged maltreatment;

(iii) pertinent information obtained from medical or other
records reviewed;

(iv) the identity of the investigator;

(v) a summary of the investigation's findings;

(vi) statement of whether the report was found to be
substantiated, inconclusive, false, or that no determination
will be made;

(vii) a statement of any action taken by the facility;

(viii) a statement of any action taken by the lead agency;
and

(ix) when a lead agency's determination has substantiated
maltreatment, a statement of whether an individual, individuals,
or a facility were responsible for the substantiated
maltreatment, if known.

The investigation memorandum must be written in a manner
which protects the identity of the reporter and of the
vulnerable adult and may not contain the names or, to the extent
possible, data on individuals or private data listed in clause
(2).

(2) Data on individuals collected and maintained in the
investigation memorandum are private data, including:

(i) the name of the vulnerable adult;

(ii) the identity of the individual alleged to be the
perpetrator;

(iii) the identity of the individual substantiated as the
perpetrator; and

(iv) the identity of all individuals interviewed as part of
the investigation.

(3) Other data on individuals maintained as part of an
investigation under this section are private data on individuals
upon completion of the investigation.

(c) [IDENTITY OF REPORTER.] The subject of the report may
compel disclosure of the name of the reporter only with the
consent of the reporter or upon a written finding by a court
that the report was false and there is evidence that the report
was made in bad faith. This subdivision does not alter
disclosure responsibilities or obligations under the Rules of
Criminal Procedure, except that where the identity of the
reporter is relevant to a criminal prosecution, the district
court shall do an in-camera review prior to determining whether
to order disclosure of the identity of the reporter.

(d) [DESTRUCTION OF DATA.] Notwithstanding section
138.163, data maintained under this section by the commissioners
of health and human services must be destroyed under the
following schedule:

(1) data from reports determined to be false, two years
after the finding was made;

(2) data from reports determined to be inconclusive, four
years after the finding was made;

(3) data from reports determined to be substantiated, deleted text begin seven
deleted text end new text begin at least ten new text end years after the finding was made; and

(4) data from reports which were not investigated by a lead
agency and for which there is no final disposition, two years
from the date of the report.

(e) [SUMMARY OF REPORTS.] The commissioners of health and
human services shall each annually report to the legislature and
the governor on the number and type of reports of alleged
maltreatment involving licensed facilities reported under this
section, the number of those requiring investigation under this
section, and the resolution of those investigations. The report
shall identify:

(1) whether and where backlogs of cases result in a failure
to conform with statutory time frames;

(2) where adequate coverage requires additional
appropriations and staffing; and

(3) any other trends that affect the safety of vulnerable
adults.

(f) [RECORD RETENTION POLICY.] Each lead agency must have
a record retention policy.

(g) [EXCHANGE OF INFORMATION.] Lead agencies, prosecuting
authorities, and law enforcement agencies may exchange not
public data, as defined in section 13.02, if the agency or
authority requesting the data determines that the data are
pertinent and necessary to the requesting agency in initiating,
furthering, or completing an investigation under this section.
Data collected under this section must be made available to
prosecuting authorities and law enforcement officials, local
county agencies, and licensing agencies investigating the
alleged maltreatment under this section. The lead agency shall
exchange not public data with the vulnerable adult maltreatment
review panel established in section 256.021 if the data are
pertinent and necessary for a review requested under that
section. Upon completion of the review, not public data
received by the review panel must be returned to the lead agency.

(h) [COMPLETION TIME.] Each lead agency shall keep records
of the length of time it takes to complete its investigations.

(i) [NOTIFICATION OF OTHER AFFECTED PARTIES.] A lead
agency may notify other affected parties and their authorized
representative if the agency has reason to believe maltreatment
has occurred and determines the information will safeguard the
well-being of the affected parties or dispel widespread rumor or
unrest in the affected facility.

(j) [FEDERAL REQUIREMENTS.] Under any notification
provision of this section, where federal law specifically
prohibits the disclosure of patient identifying information, a
lead agency may not provide any notice unless the vulnerable
adult has consented to disclosure in a manner which conforms to
federal requirements.

ARTICLE 8

SEX OFFENDER POLICY BOARD

Section 1.

new text begin [243.168] SEX OFFENDER POLICY BOARD;
ESTABLISHMENT; MEMBERSHIP; REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A Sex Offender Policy
Board is established to develop professional standards for
treatment of sex offenders, including uniform supervision and
treatment guidelines.
new text end

new text begin (a) The governor shall appoint a Sex Offender Policy Board
to serve in an advisory capacity to the governor. The governor
shall appoint to the board five professionals with relevant and
complimentary experience in treatment, law enforcement, sex
offender assessment, and sex offender management.
new text end

new text begin (b) Members of the advisory committee appointed by the
governor serve at the pleasure of the governor and their terms
end with the term of the governor. Members of the advisory
committee serve without compensation but may be reimbursed for
reasonable expenses as determined by the commissioner of public
safety. Notwithstanding section 15.059, the advisory committee
does not expire until repealed by law.
new text end

new text begin Subd. 2. new text end

new text begin Reports to legislature. new text end

new text begin The board must submit
reports to the legislature on the professional standards for
treatment of sex offenders, including uniform supervision and
treatment guidelines.
new text end