Minnesota Legislature
HF 790
1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/25/2013 04:57pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 02/21/2013 | |
| 1st Engrossment | Posted on 04/25/2013 |
Current Version - 1st Engrossment
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A bill for an act
relating to public safety; clarifying when conditional release terms of certain
offenders begin; amending Minnesota Statutes 2012, sections 243.166, subdivision 5a; 609.2231, subdivision 3a; 609.3455, subdivisions 6, 7, 8; 617.246, subdivision 7; 617.247, subdivision 9.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 243.166, subdivision 5a, is amended to read:
Subd. 5a.
Ten-year conditional release for violations committed by level III
offenders.
Notwithstanding the statutory maximum sentence otherwise applicable to the
offense or any provision of the sentencing guidelines, when a court commits a person to
the custody of the commissioner of corrections for violating subdivision 5 and, at the time
of the violation, the person was assigned to risk level III under section 244.052, the court
shall provide that after the person has deleted text begin completed the sentence imposeddeleted text end new text begin been released from
prisonnew text end , the commissioner shall place the person on conditional release for ten years. The
terms of conditional release are governed by section 609.3455, subdivision 8.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2012, section 609.2231, subdivision 3a, is amended to read:
Subd. 3a.
Secure treatment facility personnel.
(a) As used in this subdivision,
"secure treatment facility" has the meaning given in section 253B.02, subdivision 18a.
(b) Whoever, while committed under section 253B.185 or Minnesota Statutes
1992, section 526.10, commits either of the following acts against an employee or other
individual who provides care or treatment at a secure treatment facility while the 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 person and inflicts demonstrable bodily harm; or
(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the
person.
(c) The court shall commit a person convicted of violating paragraph (b) to the
custody of the commissioner of corrections for not less than one year and one day. The
court may not, on its own motion or the prosecutor's motion, sentence a person without
regard to this paragraph. A person convicted and sentenced as required by this paragraph
is not eligible for probation, parole, discharge, work release, 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.
(d) Notwithstanding the statutory maximum sentence provided in paragraph (b),
when a court sentences a person to the custody of the commissioner of corrections for a
violation of paragraph (b), the court shall provide that after the person has deleted text begin completed the
sentence imposeddeleted text end new text begin been released from prisonnew text end , the commissioner shall place the person on
conditional release for five years. The terms of conditional release are governed by sections
244.05 and 609.3455, subdivision 6, 7, or 8; and Minnesota Statutes 2004, section 609.109.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2012, section 609.3455, subdivision 6, is amended to read:
Subd. 6.
Mandatory ten-year conditional release term.
Notwithstanding the
statutory maximum sentence otherwise applicable to the offense and unless a longer
conditional release term is required in subdivision 7, when a court commits an offender
to the custody of the commissioner of corrections for a violation of section 609.342,
609.343, 609.344, 609.345, or 609.3453, the court shall provide that, after the offender
has deleted text begin completed the sentence imposeddeleted text end new text begin been released from prisonnew text end , the commissioner shall
place the offender on conditional release for ten yearsdeleted text begin , minus the time the offender served
on supervised releasedeleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2012, section 609.3455, subdivision 7, is amended to read:
Subd. 7.
Mandatory lifetime conditional release term.
(a) When a court sentences
an offender under subdivision 3 or 4, the court shall provide that, if the offender is released
from prison, the commissioner of corrections shall place the offender on conditional
release for the remainder of the offender's life.
(b) Notwithstanding the statutory maximum sentence otherwise applicable to the
offense, when the court commits an offender to the custody of the commissioner of
corrections for a violation of section 609.342, 609.343, 609.344, 609.345, or 609.3453,
and the offender has a previous or prior sex offense conviction, the court shall provide
that, after the offender has deleted text begin completed the sentence imposeddeleted text end new text begin been released from prisonnew text end ,
the commissioner shall place the offender on conditional release for the remainder of
the offender's life.
(c) Notwithstanding paragraph (b), an offender may not be placed on lifetime
conditional release for a violation of section 609.345, unless the offender's previous or
prior sex offense conviction is for a violation of section 609.342, 609.343, 609.344, or
609.3453, 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, 2013, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2012, section 609.3455, subdivision 8, is amended to read:
Subd. 8.
Terms of conditional release; applicable to all sex offenders.
(a) The
provisions of this subdivision relating to conditional release apply to all sex offenders
sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, or
609.3453. Except as provided in this subdivision, conditional release of sex offenders is
governed by provisions relating to supervised release. The commissioner of corrections
may not dismiss an offender on conditional release from supervision until the offender's
conditional release term expires.
(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. The commissioner shall develop a plan to pay the
cost of treatment of a person released under this subdivision. The plan may include
co-payments from offenders, third-party payers, local agencies, or other funding sources
as they are identified. This section does not require the commissioner to accept or retain
an offender in a treatment program. Before the offender is placed on conditional release,
the commissioner shall notify the sentencing court and the prosecutor in the jurisdiction
where the offender was sentenced of the terms of the offender's conditional release. The
commissioner also shall make reasonable efforts to notify the victim of the offender's
crime of the terms of the offender's conditional release.
new text begin (c)new text end 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 all or a part of
the remaining portion of the conditional release term in prison.new text begin An offender, while on
supervised release, is not entitled to credit against the offender's conditional release term
for time served in confinement for a violation of release.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2012, section 617.246, subdivision 7, is amended to read:
Subd. 7.
Conditional release term.
Notwithstanding the statutory maximum
sentence otherwise applicable to the offense or any provision of the sentencing guidelines,
when a court commits a person to the custody of the commissioner of corrections for
violating this section, the court shall provide that after the person has deleted text begin completed the
sentence imposeddeleted text end new text begin been released from prisonnew text end , the commissioner shall place the person
on conditional release for five yearsdeleted text begin , minus the time the offender served on supervised
releasedeleted text end . If the person has previously been convicted of a violation of this section, section
609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.247, or any similar
statute of the United States, this state, or any state, the commissioner shall place the person
on conditional release for ten yearsdeleted text begin , minus the time the offender served on supervised
releasedeleted text end . The terms of conditional release are governed by section 609.3455, subdivision 8.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2012, section 617.247, subdivision 9, is amended to read:
Subd. 9.
Conditional release term.
Notwithstanding the statutory maximum
sentence otherwise applicable to the offense or any provision of the sentencing guidelines,
when a court commits a person to the custody of the commissioner of corrections for
violating this section, the court shall provide that after the person has deleted text begin completed the
sentence imposeddeleted text end new text begin been released from prisonnew text end , the commissioner shall place the person
on conditional release for five yearsdeleted text begin , minus the time the offender served on supervised
releasedeleted text end . If the person has previously been convicted of a violation of this section, section
609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.246, or any similar
statute of the United States, this state, or any state, the commissioner shall place the person
on conditional release for ten yearsdeleted text begin , minus the time the offender served on supervised
releasedeleted text end . The terms of conditional release are governed by section 609.3455, subdivision 8.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end