HF 1406

1st Engrossment - 84th Legislature (2005 - 2006)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to public safety; requiring life without 
  1.3             release sentences for certain egregious first degree 
  1.4             criminal sexual conduct offenses; requiring 
  1.5             indeterminate life sentences for certain sex offenses; 
  1.6             increasing statutory maximum sentences for sex 
  1.7             offenses; establishing the Minnesota Sex Offender 
  1.8             Review Board and providing its responsibilities, 
  1.9             including release decisions, access to data, expedited 
  1.10            rulemaking, and the applicability to it of contested 
  1.11            case proceedings and the Open Meeting Law; directing 
  1.12            the Sentencing Guidelines Commission to modify the 
  1.13            sentencing guidelines; providing criminal penalties; 
  1.14            modifying predatory offender registration and 
  1.15            community notification requirements; requiring victim 
  1.16            notification for commitment of persons with sexual 
  1.17            psychopathic personalities and sexually dangerous 
  1.18            persons under certain circumstances; providing 
  1.19            registration requirements for persons without a 
  1.20            primary address under the registry; providing for 
  1.21            registration of offenders from other states and 
  1.22            offenders released from federal facilities under the 
  1.23            registry; expanding Department of Human Services 
  1.24            access to the predatory offender registry; modifying 
  1.25            the predatory offender registry law to require 
  1.26            registered offenders to disclose to health care 
  1.27            facilities, upon admittance, their status as a 
  1.28            registered predatory offender, and to require local 
  1.29            law enforcement to disclose a registrant's status to 
  1.30            the administration of a health care facility if a 
  1.31            registered offender is receiving inpatient care; 
  1.32            removing the commissioner of human services' 
  1.33            discretion to grant variances/set-asides for persons 
  1.34            convicted of certain violent crimes; modifying the 
  1.35            human services criminal background check law; 
  1.36            establishing an ongoing Sex Offender Policy Board to 
  1.37            develop uniform supervision and professional 
  1.38            standards; requiring the committing court to review 
  1.39            special review board recommendations with respect to 
  1.40            discharge of psychopathic personalities, sexual 
  1.41            psychopathic personalities, and sexually dangerous 
  1.42            persons; amending Minnesota Statutes 2004, sections 
  1.43            13.851, by adding a subdivision; 13D.01, subdivision 
  1.44            2; 144.335, by adding a subdivision; 144A.135; 241.67, 
  1.45            subdivision 3; 242.195, subdivision 1; 243.166; 
  1.46            243.167; 244.05, subdivisions 4, 5, 6, 7; 244.052, 
  2.1             subdivisions 3, 4, by adding subdivisions; 245C.03, 
  2.2             subdivision 1; 245C.13, subdivision 2; 245C.15, 
  2.4             subdivisions 1, 2, 3, 4; 245C.17, subdivisions 2, 3; 
  2.5             245C.21, subdivisions 3, 4; 245C.22, by adding a 
  2.6             subdivision; 245C.23, subdivision 1; 245C.24, 
  2.7             subdivisions 2, 3, 4, by adding a subdivision; 
  2.8             245C.30, subdivisions 1, 2; 246.13; 253B.02, 
  2.9             subdivision 4a, by adding subdivisions; 253B.08, 
  2.10            subdivision 2; 253B.18, subdivisions 4a, 5, by adding 
  2.11            a subdivision; 299C.093; 609.108, subdivisions 3, 4, 
  2.12            7; 609.109, subdivisions 2, 5, 7; 609.117, 
  2.13            subdivisions 1, 2; 609.1351; 609.2231, subdivision 3; 
  2.14            609.341, by adding subdivisions; 609.342, subdivisions 
  2.15            2, 3; 609.343, subdivisions 2, 3; 609.344, 
  2.16            subdivisions 2, 3; 609.345, subdivisions 2, 3; 
  2.17            609.347; 609.3471; 609.348; 609.353; 609.485, 
  2.18            subdivisions 2, 4; 617.23, subdivisions 2, 3; 626.556, 
  2.19            subdivision 3; 626.557, subdivisions 12b, 14; 631.045; 
  2.20            proposing coding for new law in Minnesota Statutes, 
  2.21            chapters 243; 244; 609; repealing Minnesota Statutes 
  2.22            2004, sections 243.166, subdivisions 1, 8; 246.017, 
  2.23            subdivision 1; 609.108, subdivision 2. 
  2.24  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.25                             ARTICLE 1 
  2.26                           SEX OFFENDERS:
  2.27      LIFE WITHOUT RELEASE SENTENCES FOR CERTAIN SEX OFFENSES;
  2.28        INDETERMINATE LIFE SENTENCES FOR OTHER SEX OFFENSES;
  2.29                   INCREASED STATUTORY MAXIMUMS;
  2.30           DIRECTION TO SENTENCING GUIDELINES COMMISSION
  2.31     Section 1.  Minnesota Statutes 2004, section 244.05, 
  2.32  subdivision 4, is amended to read: 
  2.33     Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] (a) An 
  2.34  inmate serving a mandatory life sentence under section 609.106, 
  2.35  609.342, subdivision 2, paragraph (c), or 609.343, subdivision 
  2.36  2, paragraph (c), must not be given supervised release under 
  2.37  this section.  
  2.38     (b) An inmate serving a mandatory life sentence under 
  2.39  section 609.185, clause (1), (3), (5), or (6); or 609.109, 
  2.40  subdivision 2a 3, must not be given supervised release under 
  2.41  this section without having served a minimum term of 30 years.  
  2.42     (c) An inmate serving a mandatory life sentence under 
  2.43  section 609.385 must not be given supervised release under this 
  2.44  section without having served a minimum term of imprisonment of 
  2.45  17 years.  
  2.46     (d) An inmate serving a mandatory life sentence under 
  2.47  section 609.342, subdivision 2, paragraph (b); 609.343, 
  3.1   subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph 
  3.2   (b); 609.345, subdivision 2, paragraph (b); or 609.3453, 
  3.3   subdivision 2, paragraph (b), must not be given supervised 
  3.4   release under this section without having served a minimum term 
  3.5   of imprisonment of 20 years.  If the sentencing court imposed a 
  3.6   sentence with a term of imprisonment of more than 20 years, the 
  3.7   inmate may not be given supervised release without having served 
  3.8   that term.  
  3.9      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  3.10  and applies to crimes committed on or after that date. 
  3.11     Sec. 2.  Minnesota Statutes 2004, section 244.05, 
  3.12  subdivision 5, is amended to read: 
  3.13     Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
  3.14  commissioner of corrections may, under rules promulgated by the 
  3.15  commissioner, give supervised release to an inmate serving a 
  3.16  mandatory life sentence under section 609.185, clause (1), (3), 
  3.17  (5), or (6); 609.109, subdivision 2a 3; or 609.385 after the 
  3.18  inmate has served the minimum term of imprisonment specified in 
  3.19  subdivision 4. 
  3.20     (b) The commissioner shall give supervised release to an 
  3.21  inmate serving a mandatory life sentence under section 609.342, 
  3.22  subdivision 2, paragraph (b); 609.343, subdivision 2, paragraph 
  3.23  (b); 609.344, subdivision 2, paragraph (b); 609.345, subdivision 
  3.24  2, paragraph (b); or 609.3453, subdivision 2, paragraph (b), 
  3.25  when directed to do so by the Sex Offender Review Board under 
  3.26  section 244.0515.  
  3.27     (c) The commissioner shall require the preparation of a 
  3.28  community investigation report and shall consider the findings 
  3.29  of the report when making a supervised release decision under 
  3.30  this subdivision.  The report shall reflect the sentiment of the 
  3.31  various elements of the community toward the inmate, both at the 
  3.32  time of the offense and at the present time.  The report shall 
  3.33  include the views of the sentencing judge, the prosecutor, any 
  3.34  law enforcement personnel who may have been involved in the 
  3.35  case, and any successors to these individuals who may have 
  3.36  information relevant to the supervised release decision.  The 
  4.1   report shall also include the views of the victim and the 
  4.2   victim's family unless the victim or the victim's family chooses 
  4.3   not to participate.  The commissioner shall submit the report 
  4.4   required by this paragraph to the Minnesota Sex Offender Review 
  4.5   Board to assist the board in making release decisions under 
  4.6   section 244.0515.  The commissioner also shall give the board, 
  4.7   on request, any and all information the commissioner gathered 
  4.8   for use in compiling the report. 
  4.9      (c) (d) The commissioner shall make reasonable efforts to 
  4.10  notify the victim, in advance, of the time and place of the 
  4.11  inmate's supervised release review hearing.  The victim has a 
  4.12  right to submit an oral or written statement at the review 
  4.13  hearing.  The statement may summarize the harm suffered by the 
  4.14  victim as a result of the crime and give the victim's 
  4.15  recommendation on whether the inmate should be given supervised 
  4.16  release at this time.  The commissioner must consider the 
  4.17  victim's statement when making the supervised release decision. 
  4.18     (d) (e) As used in this subdivision, "victim" means the 
  4.19  individual who suffered harm as a result of the inmate's crime 
  4.20  or, if the individual is deceased, the deceased's surviving 
  4.21  spouse or next of kin. 
  4.22     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  4.23  and applies to crimes committed on or after that date. 
  4.24     Sec. 3.  Minnesota Statutes 2004, section 609.108, 
  4.25  subdivision 3, is amended to read: 
  4.26     Subd. 3.  [PREDATORY CRIME.] A predatory crime is a felony 
  4.27  violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 
  4.28  609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255, 
  4.29  609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, 
  4.30  or 609.582, subdivision 1.  As used in this section, "predatory 
  4.31  crime" has the meaning given in section 609.341, subdivision 24. 
  4.32     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  4.33  and applies to crimes committed on or after that date. 
  4.34     Sec. 4.  Minnesota Statutes 2004, section 609.108, 
  4.35  subdivision 4, is amended to read: 
  4.36     Subd. 4.  [DANGER TO PUBLIC SAFETY.] The court fact finder 
  5.1   shall base its finding that the offender is a danger to public 
  5.2   safety on any of the following factors: 
  5.3      (1) the crime involved an aggravating factor that would 
  5.4   justify a durational departure from the presumptive sentence 
  5.5   under the Sentencing Guidelines; 
  5.6      (2) the offender previously committed or attempted to 
  5.7   commit a predatory crime or a violation of section 609.224 or 
  5.8   609.2242, including: 
  5.9      (i) an offense committed as a juvenile that would have been 
  5.10  a predatory crime or a violation of section 609.224 or 609.2242 
  5.11  if committed by an adult; or 
  5.12     (ii) a violation or attempted violation of a similar law of 
  5.13  any other state or the United States; or 
  5.14     (3) the offender planned or prepared for the crime prior to 
  5.15  its commission. 
  5.16     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  5.17  and applies to crimes committed on or after that date.  
  5.18     Sec. 5.  Minnesota Statutes 2004, section 609.109, 
  5.19  subdivision 7, is amended to read: 
  5.20     Subd. 7.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
  5.21  Notwithstanding the statutory maximum sentence otherwise 
  5.22  applicable to the offense or any provision of the Sentencing 
  5.23  Guidelines, when a court sentences a person to prison for a 
  5.24  violation of section 609.342, 609.343, 609.344, or 609.345, or 
  5.25  609.3453, the court shall provide that after the person has 
  5.26  completed the sentence imposed, the commissioner of corrections 
  5.27  shall place the person on conditional release.  
  5.28     If the person was convicted for a violation of section 
  5.29  609.342, 609.343, 609.344, or 609.345, or 609.3453, the person 
  5.30  shall be placed on conditional release for five years, minus the 
  5.31  time the person served on supervised release.  
  5.32     If the person was convicted for a violation of one of those 
  5.33  sections after a previous sex offense conviction as defined in 
  5.34  subdivision 5, or sentenced under subdivision 6 to a mandatory 
  5.35  departure, the person shall be placed on conditional release for 
  5.36  ten years, minus the time the person served on supervised 
  6.1   release. 
  6.2      (b) The conditions of release may include successful 
  6.3   completion of treatment and aftercare in a program approved by 
  6.4   the commissioner, satisfaction of the release conditions 
  6.5   specified in section 244.05, subdivision 6, and any other 
  6.6   conditions the commissioner considers appropriate.  If the 
  6.7   offender fails to meet any condition of release, the 
  6.8   commissioner may revoke the offender's conditional release and 
  6.9   order that the offender serve the remaining portion of the 
  6.10  conditional release term in prison.  The commissioner shall not 
  6.11  dismiss the offender from supervision before the conditional 
  6.12  release term expires. 
  6.13     Conditional release under this subdivision is governed by 
  6.14  provisions relating to supervised release, except as otherwise 
  6.15  provided in this subdivision, section 244.04, subdivision 1, or 
  6.16  244.05. 
  6.17     (c) The commissioner shall pay the cost of treatment of a 
  6.18  person released under this subdivision.  This section does not 
  6.19  require the commissioner to accept or retain an offender in a 
  6.20  treatment program. 
  6.21     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  6.22  and applies to crimes committed on or after that date. 
  6.23     Sec. 6.  Minnesota Statutes 2004, section 609.341, is 
  6.24  amended by adding a subdivision to read: 
  6.25     Subd. 22.  [SEX OFFENSE.] Except for section 609.3452, "sex 
  6.26  offense" means any violation of, or attempt to violate, section 
  6.27  609.342 (first degree criminal sexual conduct), 609.343 (second 
  6.28  degree criminal sexual conduct), 609.344 (third degree criminal 
  6.29  sexual conduct), 609.345 (fourth degree criminal sexual 
  6.30  conduct), 609.3451 (fifth degree criminal sexual conduct), 
  6.31  609.3453 (criminal sexual predatory conduct), 609.352 
  6.32  (solicitation of a child to engage in sexual conduct), 617.23 
  6.33  (indecent exposure), 617.246 (use of minors in sexual 
  6.34  performance), 617.247 (possession of pornographic work involving 
  6.35  minors), or any similar statute of the United States or any 
  6.36  other state.  
  7.1      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  7.2   and applies to crimes committed on or after that date. 
  7.3      Sec. 7.  Minnesota Statutes 2004, section 609.341, is 
  7.4   amended by adding a subdivision to read: 
  7.5      Subd. 23.  [SUBSEQUENT SEX OFFENSE.] "Subsequent sex 
  7.6   offense" means a violation of section 609.342 (first degree 
  7.7   criminal sexual conduct), 609.343 (second degree criminal sexual 
  7.8   conduct), 609.344 (third degree criminal sexual conduct), 
  7.9   609.345 (fourth degree criminal sexual conduct), or 609.3453 
  7.10  (criminal sexual predatory conduct) for which the offender is 
  7.11  convicted after the offender has already been convicted or 
  7.12  adjudicated delinquent for the following, involving a separate 
  7.13  behavioral incident, regardless of when the behavioral incidents 
  7.14  occurred: 
  7.15     (1) another felony-level sex offense; 
  7.16     (2) two non-felony-level sex offenses; or 
  7.17     (3) any felony-level predatory crime that the fact finder 
  7.18  determines was motivated by the offender's sexual impulses or 
  7.19  was part of a predatory pattern of behavior that had criminal 
  7.20  sexual conduct as its goal.  
  7.21     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  7.22  and applies to crimes committed on or after that date. 
  7.23     Sec. 8.  Minnesota Statutes 2004, section 609.341, is 
  7.24  amended by adding a subdivision to read: 
  7.25     Subd. 24.  [PREDATORY CRIME.] "Predatory crime" means a 
  7.26  felony violation of section 609.185 (first degree murder), 
  7.27  609.19 (second degree murder), 609.195 (third degree murder), 
  7.28  609.20 (first degree manslaughter), 609.205 (second degree 
  7.29  manslaughter), 609.221 (first degree assault), 609.222 (second 
  7.30  degree assault), 609.223 (third degree assault), 609.24 (simple 
  7.31  robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 
  7.32  609.255 (false imprisonment), 609.365 (incest), 609.498 
  7.33  (tampering with a witness), 609.561 (first degree arson), or 
  7.34  609.582, subdivision 1 (first degree burglary).  
  7.35     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  7.36  and applies to crimes committed on or after that date. 
  8.1      Sec. 9.  Minnesota Statutes 2004, section 609.342, 
  8.2   subdivision 2, is amended to read: 
  8.3      Subd. 2.  [PENALTY.] (a) Except as otherwise provided 
  8.4   in section 609.109 paragraph (b) or (c), or section 609.109, a 
  8.5   person convicted under subdivision 1 may be sentenced to 
  8.6   imprisonment for not more than 30 60 years or to a payment of a 
  8.7   fine of not more than $40,000, or both. 
  8.8      (b) Unless a longer mandatory minimum sentence is otherwise 
  8.9   required by law or the Sentencing Guidelines provide for a 
  8.10  longer presumptive executed sentence, the court shall presume 
  8.11  that an executed sentence of 144 months must be imposed on an 
  8.12  offender convicted of violating this section.  Except as 
  8.13  provided in paragraph (b) or (c), sentencing a person in a 
  8.14  manner other than that described in this paragraph is a 
  8.15  departure from the Sentencing Guidelines.  
  8.16     (b) The court shall sentence a person to imprisonment for 
  8.17  life if:  
  8.18     (1) the person was convicted under subdivision 1, paragraph 
  8.19  (c), (d), (e), (f), or (h); or 
  8.20     (2) the person was convicted under subdivision 1 of a 
  8.21  subsequent sex offense.  
  8.22     Unless a longer mandatory minimum sentence is otherwise 
  8.23  required by law or the Sentencing Guidelines provide for a 
  8.24  longer presumptive executed sentence, and the court imposes this 
  8.25  sentence, the court shall specify a minimum term of imprisonment 
  8.26  of 20 years that must be served before the offender may be 
  8.27  considered for supervised release.  
  8.28     (c) The court shall sentence a person to imprisonment for 
  8.29  life without the possibility of release if the person is 
  8.30  convicted of violating subdivision 1, paragraph (c), (d), (e), 
  8.31  (f), or (h), and the fact finder determines beyond a reasonable 
  8.32  doubt that any of the following circumstances exist:  
  8.33     (1) the offender tortured the complainant; 
  8.34     (2) the offender intentionally inflicted great bodily harm 
  8.35  upon the complainant; 
  8.36     (3) the offender, without the complainant's consent, 
  9.1   removed the complainant from one place to another and did not 
  9.2   release the complainant in a safe place; 
  9.3      (4) the complainant was aged 13 or younger at the time of 
  9.4   the offense; 
  9.5      (5) the complainant was aged 70 or older at the time of the 
  9.6   offense; 
  9.7      (6) the offender was armed with a dangerous weapon or any 
  9.8   article used or fashioned in a manner to lead the complainant to 
  9.9   reasonably believe it to be a dangerous weapon and used or 
  9.10  threatened to use the weapon or article to cause the complainant 
  9.11  to submit; 
  9.12     (7) the charged offense involved sexual penetration or 
  9.13  sexual contact with more than one victim; or 
  9.14     (8) the offense involved more than one perpetrator engaging 
  9.15  in sexual penetration or sexual contact with the complainant.  
  9.16     The fact finder may not consider a circumstance described 
  9.17  in clauses (1) to (8), if it is an element of the underlying 
  9.18  specified violation of subdivision 1.  
  9.19     As used in this paragraph, "torture" means the intentional 
  9.20  infliction of extreme mental anguish, or extreme psychological 
  9.21  or physical abuse, when committed in an especially depraved 
  9.22  manner.  
  9.23     (d) In addition to the sentence imposed under paragraph 
  9.24  (a), (b), or (c), the person may also be sentenced to the 
  9.25  payment of a fine of not more than $40,000.  
  9.26     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  9.27  and applies to crimes committed on or after that date. 
  9.28     Sec. 10.  Minnesota Statutes 2004, section 609.342, 
  9.29  subdivision 3, is amended to read: 
  9.30     Subd. 3.  [STAY.] Except when imprisonment is required 
  9.31  under subdivision 2, paragraph (b) or (c), or section 609.109, 
  9.32  if a person is convicted under subdivision 1, clause (g), the 
  9.33  court may stay imposition or execution of the sentence if it 
  9.34  finds that: 
  9.35     (a) a stay is in the best interest of the complainant or 
  9.36  the family unit; and 
 10.1      (b) a professional assessment indicates that the offender 
 10.2   has been accepted by and can respond to a treatment program. 
 10.3      If the court stays imposition or execution of sentence, it 
 10.4   shall include the following as conditions of probation: 
 10.5      (1) incarceration in a local jail or workhouse; 
 10.6      (2) a requirement that the offender complete a treatment 
 10.7   program; and 
 10.8      (3) a requirement that the offender have no unsupervised 
 10.9   contact with the complainant until the offender has successfully 
 10.10  completed the treatment program unless approved by the treatment 
 10.11  program and the supervising correctional agent.  
 10.12     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 10.13  and applies to crimes committed on or after that date. 
 10.14     Sec. 11.  Minnesota Statutes 2004, section 609.343, 
 10.15  subdivision 2, is amended to read: 
 10.16     Subd. 2.  [PENALTY.] (a) Except as otherwise provided 
 10.17  in paragraph (b) or (c) or section 609.109, a person convicted 
 10.18  under subdivision 1 may be sentenced to imprisonment for not 
 10.19  more than 25 50 years or to a payment of a fine of not more than 
 10.20  $35,000, or both. 
 10.21     (b) Unless a longer mandatory minimum sentence is otherwise 
 10.22  required by law or the Sentencing Guidelines provide for a 
 10.23  longer presumptive executed sentence, the court shall presume 
 10.24  that an executed sentence of 90 months must be imposed on an 
 10.25  offender convicted of violating subdivision 1, clause (c), (d), 
 10.26  (e), (f), or (h).  Sentencing a person in a manner other than 
 10.27  that described in this paragraph is a departure from the 
 10.28  Sentencing Guidelines.  
 10.29     (b) The court shall sentence a person to imprisonment for 
 10.30  life if:  
 10.31     (1) the person was convicted under subdivision 1, paragraph 
 10.32  (c), (d), (e), (f), or (h); or 
 10.33     (2) the person was convicted under subdivision 1 of a 
 10.34  subsequent sex offense.  
 10.35     Unless a longer mandatory minimum sentence is otherwise 
 10.36  required by law or the Sentencing Guidelines provide for a 
 11.1   longer presumptive executed sentence, and the court imposes this 
 11.2   sentence, the court shall specify a minimum term of imprisonment 
 11.3   of 20 years that must be served before the offender may be 
 11.4   considered for supervised release.  
 11.5      (c) The court shall sentence a person to imprisonment for 
 11.6   life without the possibility of release if the person is 
 11.7   convicted of violating subdivision 1, paragraph (c), (d), (e), 
 11.8   (f), or (h), and the fact finder determines beyond a reasonable 
 11.9   doubt that any of the following circumstances exist:  
 11.10     (1) the offender tortured the complainant; 
 11.11     (2) the offender intentionally inflicted great bodily harm 
 11.12  upon the complainant; 
 11.13     (3) the offender, without the complainant's consent, 
 11.14  removed the complainant from one place to another and did not 
 11.15  release the complainant in a safe place; 
 11.16     (4) the complainant was aged 13 or younger at the time of 
 11.17  the offense; 
 11.18     (5) the complainant was aged 70 or older at the time of the 
 11.19  offense; 
 11.20     (6) the offender was armed with a dangerous weapon or any 
 11.21  article used or fashioned in a manner to lead the complainant to 
 11.22  reasonably believe it to be a dangerous weapon and used or 
 11.23  threatened to use the weapon or article to cause the complainant 
 11.24  to submit; 
 11.25     (7) the charged offense involved sexual penetration or 
 11.26  sexual contact with more than one victim; or 
 11.27     (8) the offense involved more than one perpetrator engaging 
 11.28  in sexual penetration or sexual contact with the complainant.  
 11.29     The fact finder may not consider a circumstance described 
 11.30  in clauses (1) to (8), if it is an element of the underlying 
 11.31  specified violation of subdivision 1.  
 11.32     As used in this paragraph, "torture" means the intentional 
 11.33  infliction of extreme mental anguish, or extreme psychological 
 11.34  or physical abuse, when committed in an especially depraved 
 11.35  manner.  
 11.36     (d) In addition to the sentence imposed under paragraph 
 12.1   (a), (b), or (c), the person may also be sentenced to the 
 12.2   payment of a fine of not more than $35,000.  
 12.3      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 12.4   and applies to crimes committed on or after that date. 
 12.5      Sec. 12.  Minnesota Statutes 2004, section 609.343, 
 12.6   subdivision 3, is amended to read: 
 12.7      Subd. 3.  [STAY.] Except when imprisonment is required 
 12.8   under subdivision 2, paragraph (b) or (c), or section 609.109, 
 12.9   if a person is convicted under subdivision 1, clause (g), the 
 12.10  court may stay imposition or execution of the sentence if it 
 12.11  finds that: 
 12.12     (a) a stay is in the best interest of the complainant or 
 12.13  the family unit; and 
 12.14     (b) a professional assessment indicates that the offender 
 12.15  has been accepted by and can respond to a treatment program. 
 12.16     If the court stays imposition or execution of sentence, it 
 12.17  shall include the following as conditions of probation: 
 12.18     (1) incarceration in a local jail or workhouse; 
 12.19     (2) a requirement that the offender complete a treatment 
 12.20  program; and 
 12.21     (3) a requirement that the offender have no unsupervised 
 12.22  contact with the complainant until the offender has successfully 
 12.23  completed the treatment program unless approved by the treatment 
 12.24  program and the supervising correctional agent.  
 12.25     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 12.26  and applies to crimes committed on or after that date. 
 12.27     Sec. 13.  Minnesota Statutes 2004, section 609.344, 
 12.28  subdivision 2, is amended to read: 
 12.29     Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
 12.30  paragraph (b), a person convicted under subdivision 1 may be 
 12.31  sentenced to imprisonment for not more than 15 30 years or to a 
 12.32  payment of a fine of not more than $30,000, or both. 
 12.33     (b) A person convicted under subdivision 1 of a subsequent 
 12.34  sex offense shall be sentenced to imprisonment for life.  Unless 
 12.35  a longer mandatory minimum sentence is otherwise required by law 
 12.36  or the Sentencing Guidelines provide for a longer presumptive 
 13.1   executed sentence, and the court imposes this sentence, the 
 13.2   court shall specify a minimum term of imprisonment of 20 years 
 13.3   that must be served before the offender may be considered for 
 13.4   supervised release.  
 13.5      (c) In addition to the sentence imposed under paragraph (a) 
 13.6   or (b), the person may also be sentenced to the payment of a 
 13.7   fine of not more than $30,000.  
 13.8      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 13.9   and applies to crimes committed on or after that date. 
 13.10     Sec. 14.  Minnesota Statutes 2004, section 609.344, 
 13.11  subdivision 3, is amended to read: 
 13.12     Subd. 3.  [STAY.] Except when imprisonment is required 
 13.13  under subdivision 2, paragraph (b), or section 609.109, if a 
 13.14  person is convicted under subdivision 1, clause (f), the court 
 13.15  may stay imposition or execution of the sentence if it finds 
 13.16  that: 
 13.17     (a) a stay is in the best interest of the complainant or 
 13.18  the family unit; and 
 13.19     (b) a professional assessment indicates that the offender 
 13.20  has been accepted by and can respond to a treatment program. 
 13.21     If the court stays imposition or execution of sentence, it 
 13.22  shall include the following as conditions of probation: 
 13.23     (1) incarceration in a local jail or workhouse; 
 13.24     (2) a requirement that the offender complete a treatment 
 13.25  program; and 
 13.26     (3) a requirement that the offender have no unsupervised 
 13.27  contact with the complainant until the offender has successfully 
 13.28  completed the treatment program unless approved by the treatment 
 13.29  program and the supervising correctional agent.  
 13.30     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 13.31  and applies to crimes committed on or after that date. 
 13.32     Sec. 15.  Minnesota Statutes 2004, section 609.345, 
 13.33  subdivision 2, is amended to read: 
 13.34     Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
 13.35  paragraph (b), a person convicted under subdivision 1 may be 
 13.36  sentenced to imprisonment for not more than ten 20 years or to a 
 14.1   payment of a fine of not more than $20,000, or both. 
 14.2      (b) A person convicted under subdivision 1 of a subsequent 
 14.3   sex offense shall be sentenced to imprisonment for life.  Unless 
 14.4   a longer mandatory minimum sentence is otherwise required by law 
 14.5   or the Sentencing Guidelines provide for a longer presumptive 
 14.6   executed sentence, and the court imposes this sentence, the 
 14.7   court shall specify a minimum term of imprisonment of 20 years 
 14.8   that must be served before the offender may be considered for 
 14.9   supervised release.  
 14.10     (c) In addition to the sentence imposed under paragraph (a) 
 14.11  or (b), the person may also be sentenced to the payment of a 
 14.12  fine of not more than $20,000.  
 14.13     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 14.14  and applies to crimes committed on or after that date. 
 14.15     Sec. 16.  Minnesota Statutes 2004, section 609.345, 
 14.16  subdivision 3, is amended to read: 
 14.17     Subd. 3.  [STAY.] Except when imprisonment is required 
 14.18  under subdivision 2, paragraph (b), or section 609.109, if a 
 14.19  person is convicted under subdivision 1, clause (f), the court 
 14.20  may stay imposition or execution of the sentence if it finds 
 14.21  that: 
 14.22     (a) a stay is in the best interest of the complainant or 
 14.23  the family unit; and 
 14.24     (b) a professional assessment indicates that the offender 
 14.25  has been accepted by and can respond to a treatment program. 
 14.26     If the court stays imposition or execution of sentence, it 
 14.27  shall include the following as conditions of probation: 
 14.28     (1) incarceration in a local jail or workhouse; 
 14.29     (2) a requirement that the offender complete a treatment 
 14.30  program; and 
 14.31     (3) a requirement that the offender have no unsupervised 
 14.32  contact with the complainant until the offender has successfully 
 14.33  completed the treatment program unless approved by the treatment 
 14.34  program and the supervising correctional agent. 
 14.35     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 14.36  and applies to crimes committed on or after that date. 
 15.1      Sec. 17.  [609.3453] [CRIMINAL SEXUAL PREDATORY CONDUCT.] 
 15.2      Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
 15.3   criminal sexual predatory conduct if the person commits a 
 15.4   predatory crime that was motivated by the offender's sexual 
 15.5   impulses or was part of a predatory pattern of behavior that had 
 15.6   criminal sexual conduct as its goal.  
 15.7      Subd. 2.  [PENALTY.] (a) Except as provided in paragraph 
 15.8   (b), a person convicted under subdivision 1 may be sentenced to 
 15.9   imprisonment for not more than 15 years.  
 15.10     (b) A person convicted under subdivision 1 of a subsequent 
 15.11  sex offense shall be sentenced to imprisonment for life.  Unless 
 15.12  a longer mandatory minimum sentence is otherwise required by law 
 15.13  or the Sentencing Guidelines provide for a longer presumptive 
 15.14  executed sentence, and the court imposes this sentence, the 
 15.15  court shall specify a minimum term of imprisonment of 20 years 
 15.16  that must be served before the offender may be considered for 
 15.17  supervised release.  
 15.18     (c) In addition to the sentence imposed under paragraph (a) 
 15.19  or (b), the person may also be sentenced to the payment of a 
 15.20  fine of not more than $20,000.  
 15.21     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 15.22  and applies to crimes committed on or after that date. 
 15.23     Sec. 18.  [SENTENCING GUIDELINES; CHANGES MANDATED.] 
 15.24     (a) The Sentencing Guidelines Commission shall modify the 
 15.25  Sentencing Guidelines, including the guidelines grid, to reflect 
 15.26  the changes made in this act.  
 15.27     (b) The commission shall make the sex offender-related 
 15.28  modifications to the guidelines and grid proposed in the 
 15.29  commission's January 2005 report to the legislature, including 
 15.30  creating a separate sex offender grid, and changing the method 
 15.31  used to calculate the weights assigned to sex offenses when 
 15.32  calculating an offender's criminal history.  However, the 
 15.33  commission shall adapt the proposed modifications to reflect the 
 15.34  restructuring of sex offense sentences under this article.  
 15.35     (c) Modifications made by the commission under this section 
 15.36  take effect August 1, 2005.  
 16.1      [EFFECTIVE DATE.] This section is effective the day 
 16.2   following final enactment.  
 16.3      Sec. 19.  [REPEALER.] 
 16.4      Minnesota Statutes 2004, section 609.108, subdivision 2, is 
 16.5   repealed. 
 16.6      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 16.7   and applies to crimes committed on or after that date. 
 16.8                              ARTICLE 2
 16.9                 MINNESOTA SEX OFFENDER REVIEW BOARD
 16.10     Section 1.  Minnesota Statutes 2004, section 13.851, is 
 16.11  amended by adding a subdivision to read: 
 16.12     Subd. 9.  [PREDATORY OFFENDERS; MINNESOTA SEX OFFENDER 
 16.13  REVIEW BOARD.] Certain data classified under this chapter are 
 16.14  made accessible to the Minnesota Sex Offender Review Board under 
 16.15  section 244.0515. 
 16.16     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 16.17     Sec. 2.  Minnesota Statutes 2004, section 13D.01, 
 16.18  subdivision 2, is amended to read: 
 16.19     Subd. 2.  [EXCEPTIONS.] This chapter does not apply: 
 16.20     (1) to meetings of the commissioner of corrections; 
 16.21     (2) to meetings of the Minnesota Sex Offender Review Board 
 16.22  under section 244.0515; 
 16.23     (3) to a state agency, board, or commission when it is 
 16.24  exercising quasi-judicial functions involving disciplinary 
 16.25  proceedings; or 
 16.26     (3) (4) as otherwise expressly provided by statute. 
 16.27     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 16.28     Sec. 3.  [244.0515] [MINNESOTA SEX OFFENDER REVIEW BOARD.] 
 16.29     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 16.30  following terms have the meanings given:  
 16.31     (1) "board" means the Minnesota Sex Offender Review Board; 
 16.32  and 
 16.33     (2) "commissioner" means the commissioner of corrections. 
 16.34     Subd. 2.  [RESPONSIBILITIES.] The board is responsible for 
 16.35  making decisions regarding the release of inmates sentenced to 
 16.36  life sentences under section 609.342, subdivision 2, paragraph 
 17.1   (b); 609.343, subdivision 2, paragraph (b); 609.344, subdivision 
 17.2   2, paragraph (b); 609.345, subdivision 2, paragraph (b); or 
 17.3   609.3453, subdivision 2, paragraph (b).  
 17.4      Subd. 3.  [EXEMPTION FROM CHAPTER 14.] (a) For the purposes 
 17.5   of this section and except as provided in paragraph (b), the 
 17.6   board and the commissioner are not subject to chapter 14. 
 17.7      (b) The board and the commissioner may adopt rules under 
 17.8   section 14.389 to implement this section. 
 17.9      [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 17.10     Sec. 4.  [DIRECTION TO COMMISSIONER OF CORRECTIONS.] 
 17.11     (a) The commissioner of corrections shall establish 
 17.12  criteria and procedures for the Minnesota Sex Offender Review 
 17.13  Board, established under Minnesota Statutes, section 244.0515.  
 17.14  The commissioner shall develop recommendations for the 
 17.15  composition, duties, procedures, and review criteria for release 
 17.16  of sex offenders.  The proposed procedures and review criteria 
 17.17  shall be for use by the board in making release and revocation 
 17.18  decisions on offenders sentenced under Minnesota Statutes, 
 17.19  section 609.342, subdivision 2, paragraph (b); 609.343, 
 17.20  subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph 
 17.21  (b); 609.345, subdivision 2, paragraph (b); or 609.3453, 
 17.22  subdivision 2, paragraph (b).  In establishing criteria and 
 17.23  procedures, the commissioner shall seek the input of the 
 17.24  end-of-confinement review committee at each state correctional 
 17.25  facility and at each state treatment facility where predatory 
 17.26  offenders are confined.  The commissioner also shall seek input 
 17.27  from individuals knowledgeable in health and human services; 
 17.28  public safety; Minnesota's sex offender treatment program; 
 17.29  treatment of sex offenders; crime victim issues; criminal law; 
 17.30  sentencing guidelines; law enforcement; and probation, 
 17.31  supervised release, and conditional release.  
 17.32     (b) By December 15, 2005, the commissioner shall submit a 
 17.33  written report to the legislature containing proposed 
 17.34  composition, duties, procedures, and review criteria of the 
 17.35  Minnesota Sex Offender Board.  This report also must include a 
 17.36  summary of the input gathered under paragraph (a).  
 18.1      [EFFECTIVE DATE.] This section is effective the day 
 18.2   following final enactment. 
 18.3                              ARTICLE 3
 18.4                            SEX OFFENDERS:
 18.5                   TECHNICAL AND CONFORMING CHANGES
 18.6      Section 1.  Minnesota Statutes 2004, section 243.166, 
 18.7   subdivision 1, is amended to read: 
 18.8      Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
 18.9   register under this section if:  
 18.10     (1) the person was charged with or petitioned for a felony 
 18.11  violation of or attempt to violate any of the following, and 
 18.12  convicted of or adjudicated delinquent for that offense or 
 18.13  another offense arising out of the same set of circumstances: 
 18.14     (i) murder under section 609.185, clause (2); or 
 18.15     (ii) kidnapping under section 609.25; or 
 18.16     (iii) criminal sexual conduct under section 609.342; 
 18.17  609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
 18.18  609.3453; or 
 18.19     (iv) indecent exposure under section 617.23, subdivision 3; 
 18.20  or 
 18.21     (2) the person was charged with or petitioned for falsely 
 18.22  imprisoning a minor in violation of section 609.255, subdivision 
 18.23  2; soliciting a minor to engage in prostitution in violation of 
 18.24  section 609.322 or 609.324; soliciting a minor to engage in 
 18.25  sexual conduct in violation of section 609.352; using a minor in 
 18.26  a sexual performance in violation of section 617.246; or 
 18.27  possessing pornographic work involving a minor in violation of 
 18.28  section 617.247, and convicted of or adjudicated delinquent for 
 18.29  that offense or another offense arising out of the same set of 
 18.30  circumstances; or 
 18.31     (3) the person was convicted of a predatory crime as 
 18.32  defined in section 609.108, and the offender was sentenced as a 
 18.33  patterned sex offender or the court found on its own motion or 
 18.34  that of the prosecutor that the crime was part of a predatory 
 18.35  pattern of behavior that had criminal sexual conduct as its goal 
 18.36  as a patterned sex offender under section 609.108; or 
 19.1      (4) the person was convicted of or adjudicated delinquent 
 19.2   for, including pursuant to a court martial, violating a law of 
 19.3   the United States, including the Uniform Code of Military 
 19.4   Justice, similar to the offenses described in clause (1), (2), 
 19.5   or (3). 
 19.6      (b) A person also shall register under this section if: 
 19.7      (1) the person was convicted of or adjudicated delinquent 
 19.8   in another state for an offense that would be a violation of a 
 19.9   law described in paragraph (a) if committed in this state; 
 19.10     (2) the person enters the state to reside, or to work or 
 19.11  attend school; and 
 19.12     (3) ten years have not elapsed since the person was 
 19.13  released from confinement or, if the person was not confined, 
 19.14  since the person was convicted of or adjudicated delinquent for 
 19.15  the offense that triggers registration, unless the person is 
 19.16  subject to lifetime registration, in which case the person must 
 19.17  register for life regardless of when the person was released 
 19.18  from confinement, convicted, or adjudicated delinquent. 
 19.19  For purposes of this paragraph: 
 19.20     (i) "school" includes any public or private educational 
 19.21  institution, including any secondary school, trade or 
 19.22  professional institution, or institution of higher education, 
 19.23  that the person is enrolled in on a full-time or part-time 
 19.24  basis; and 
 19.25     (ii) "work" includes employment that is full time or part 
 19.26  time for a period of time exceeding 14 days or for an aggregate 
 19.27  period of time exceeding 30 days during any calendar year, 
 19.28  whether financially compensated, volunteered, or for the purpose 
 19.29  of government or educational benefit. 
 19.30     (c) A person also shall register under this section if the 
 19.31  person was committed pursuant to a court commitment order under 
 19.32  section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
 19.33  a similar law of another state or the United States, regardless 
 19.34  of whether the person was convicted of any offense. 
 19.35     (d) A person also shall register under this section if: 
 19.36     (1) the person was charged with or petitioned for a felony 
 20.1   violation or attempt to violate any of the offenses listed in 
 20.2   paragraph (a), clause (1), or a similar law of another state or 
 20.3   the United States, or the person was charged with or petitioned 
 20.4   for a violation of any of the offenses listed in paragraph (a), 
 20.5   clause (2), or a similar law of another state or the United 
 20.6   States; 
 20.7      (2) the person was found not guilty by reason of mental 
 20.8   illness or mental deficiency after a trial for that offense, or 
 20.9   found guilty but mentally ill after a trial for that offense, in 
 20.10  states with a guilty but mentally ill verdict; and 
 20.11     (3) the person was committed pursuant to a court commitment 
 20.12  order under section 253B.18 or a similar law of another state or 
 20.13  the United States. 
 20.14     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 20.15  and applies to crimes committed on or after that date. 
 20.16     Sec. 2.  Minnesota Statutes 2004, section 244.05, 
 20.17  subdivision 6, is amended to read: 
 20.18     Subd. 6.  [INTENSIVE SUPERVISED RELEASE.] The commissioner 
 20.19  may order that an inmate be placed on intensive supervised 
 20.20  release for all or part of the inmate's supervised release or 
 20.21  parole term if the commissioner determines that the action will 
 20.22  further the goals described in section 244.14, subdivision 1, 
 20.23  clauses (2), (3), and (4).  In addition, the commissioner may 
 20.24  order that an inmate be placed on intensive supervised release 
 20.25  for all of the inmate's conditional or supervised release term 
 20.26  if the inmate was convicted of a sex offense under sections 
 20.27  section 609.342 to, 609.343, 609.344, 609.345, or 609.3453 or 
 20.28  was sentenced under the provisions of section 609.108.  The 
 20.29  commissioner may impose appropriate conditions of release on the 
 20.30  inmate including but not limited to unannounced searches of the 
 20.31  inmate's person, vehicle, or premises by an intensive 
 20.32  supervision agent; compliance with court-ordered restitution, if 
 20.33  any; random drug testing; house arrest; daily curfews; frequent 
 20.34  face-to-face contacts with an assigned intensive supervision 
 20.35  agent; work, education, or treatment requirements; and 
 20.36  electronic surveillance.  In addition, any sex offender placed 
 21.1   on intensive supervised release may be ordered to participate in 
 21.2   an appropriate sex offender program as a condition of release.  
 21.3   If the inmate violates the conditions of the intensive 
 21.4   supervised release, the commissioner shall impose sanctions as 
 21.5   provided in subdivision 3 and section 609.108.  
 21.6      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 21.7   and applies to crimes committed on or after that date. 
 21.8      Sec. 3.  Minnesota Statutes 2004, section 244.05, 
 21.9   subdivision 7, is amended to read: 
 21.10     Subd. 7.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 
 21.11  (a) Before the commissioner releases from prison any inmate 
 21.12  convicted under sections section 609.342 to, 609.343, 609.344, 
 21.13  609.345, or 609.3453 or sentenced as a patterned offender under 
 21.14  section 609.108, and determined by the commissioner to be in a 
 21.15  high risk category, the commissioner shall make a preliminary 
 21.16  determination whether, in the commissioner's opinion, a petition 
 21.17  under section 253B.185 may be appropriate.  
 21.18     (b) In making this decision, the commissioner shall have 
 21.19  access to the following data only for the purposes of the 
 21.20  assessment and referral decision: 
 21.21     (1) private medical data under section 13.384 or 144.335, 
 21.22  or welfare data under section 13.46 that relate to medical 
 21.23  treatment of the offender; 
 21.24     (2) private and confidential court services data under 
 21.25  section 13.84; 
 21.26     (3) private and confidential corrections data under section 
 21.27  13.85; and 
 21.28     (4) private criminal history data under section 13.87. 
 21.29     (c) If the commissioner determines that a petition may be 
 21.30  appropriate, the commissioner shall forward this determination, 
 21.31  along with a summary of the reasons for the determination, to 
 21.32  the county attorney in the county where the inmate was convicted 
 21.33  no later than 12 months before the inmate's release date.  If 
 21.34  the inmate is received for incarceration with fewer than 12 
 21.35  months remaining in the inmate's term of imprisonment, or if the 
 21.36  commissioner receives additional information less than 12 months 
 22.1   before release which makes the inmate's case appropriate for 
 22.2   referral, the commissioner shall forward the determination as 
 22.3   soon as is practicable.  Upon receiving the commissioner's 
 22.4   preliminary determination, the county attorney shall proceed in 
 22.5   the manner provided in section 253B.185.  The commissioner shall 
 22.6   release to the county attorney all requested documentation 
 22.7   maintained by the department.  
 22.8      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 22.9   and applies to crimes committed on or after that date. 
 22.10     Sec. 4.  Minnesota Statutes 2004, section 609.109, 
 22.11  subdivision 2, is amended to read: 
 22.12     Subd. 2.  [PRESUMPTIVE EXECUTED SENTENCE.] Except as 
 22.13  provided in subdivision 3 or 4, if a person is convicted under 
 22.14  sections 609.342 to 609.345 609.3453, within 15 years of a 
 22.15  previous sex offense conviction, the court shall commit the 
 22.16  defendant to the commissioner of corrections for not less than 
 22.17  three years, nor more than the maximum sentence provided by law 
 22.18  for the offense for which convicted, notwithstanding the 
 22.19  provisions of sections 242.19, 243.05, 609.11, 609.12, and 
 22.20  609.135.  The court may stay the execution of the sentence 
 22.21  imposed under this subdivision only if it finds that a 
 22.22  professional assessment indicates the offender is accepted by 
 22.23  and can respond to treatment at a long-term inpatient program 
 22.24  exclusively treating sex offenders and approved by the 
 22.25  commissioner of corrections.  If the court stays the execution 
 22.26  of a sentence, it shall include the following as conditions of 
 22.27  probation:  
 22.28     (1) incarceration in a local jail or workhouse; and 
 22.29     (2) a requirement that the offender successfully complete 
 22.30  the treatment program and aftercare as directed by the court. 
 22.31     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 22.32  and applies to crimes committed on or after that date.  
 22.33     Sec. 5.  Minnesota Statutes 2004, section 609.109, 
 22.34  subdivision 5, is amended to read: 
 22.35     Subd. 5.  [PREVIOUS SEX OFFENSE CONVICTIONS.] For the 
 22.36  purposes of this section, a conviction is considered a previous 
 23.1   sex offense conviction if the person was convicted of a sex 
 23.2   offense before the commission of the present offense of 
 23.3   conviction.  A person has two previous sex offense convictions 
 23.4   only if the person was convicted and sentenced for a sex offense 
 23.5   committed after the person was earlier convicted and sentenced 
 23.6   for a sex offense, both convictions preceded the commission of 
 23.7   the present offense of conviction, and 15 years have not elapsed 
 23.8   since the person was discharged from the sentence imposed for 
 23.9   the second conviction.  A "sex offense" is a violation of 
 23.10  sections 609.342 to 609.345 609.3453 or any similar statute of 
 23.11  the United States, this state, or any other state. 
 23.12     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 23.13  and applies to crimes committed on or after that date. 
 23.14     Sec. 6.  Minnesota Statutes 2004, section 609.117, 
 23.15  subdivision 1, is amended to read: 
 23.16     Subdivision 1.  [UPON SENTENCING.] The court shall order an 
 23.17  offender to provide a biological specimen for the purpose of DNA 
 23.18  analysis as defined in section 299C.155 when: 
 23.19     (1) the court sentences a person charged with violating or 
 23.20  attempting to violate any of the following, and the person is 
 23.21  convicted of that offense or of any offense arising out of the 
 23.22  same set of circumstances: 
 23.23     (i) murder under section 609.185, 609.19, or 609.195; 
 23.24     (ii) manslaughter under section 609.20 or 609.205; 
 23.25     (iii) assault under section 609.221, 609.222, or 609.223; 
 23.26     (iv) robbery under section 609.24 or aggravated robbery 
 23.27  under section 609.245; 
 23.28     (v) kidnapping under section 609.25; 
 23.29     (vi) false imprisonment under section 609.255; 
 23.30     (vii) criminal sexual conduct under section 609.342, 
 23.31  609.343, 609.344, 609.345, or 609.3451, subdivision 3, or 
 23.32  609.3453; 
 23.33     (viii) incest under section 609.365; 
 23.34     (ix) burglary under section 609.582, subdivision 1; or 
 23.35     (x) indecent exposure under section 617.23, subdivision 3; 
 23.36     (2) the court sentences a person as a patterned sex 
 24.1   offender under section 609.108; or 
 24.2      (3) the juvenile court adjudicates a person a delinquent 
 24.3   child who is the subject of a delinquency petition for violating 
 24.4   or attempting to violate any of the following, and the 
 24.5   delinquency adjudication is based on a violation of one of those 
 24.6   sections or of any offense arising out of the same set of 
 24.7   circumstances: 
 24.8      (i) murder under section 609.185, 609.19, or 609.195; 
 24.9      (ii) manslaughter under section 609.20 or 609.205; 
 24.10     (iii) assault under section 609.221, 609.222, or 609.223; 
 24.11     (iv) robbery under section 609.24 or aggravated robbery 
 24.12  under section 609.245; 
 24.13     (v) kidnapping under section 609.25; 
 24.14     (vi) false imprisonment under section 609.255; 
 24.15     (vii) criminal sexual conduct under section 609.342, 
 24.16  609.343, 609.344, 609.345, or 609.3451, subdivision 3, or 
 24.17  609.3453; 
 24.18     (viii) incest under section 609.365; 
 24.19     (ix) burglary under section 609.582, subdivision 1; or 
 24.20     (x) indecent exposure under section 617.23, subdivision 3. 
 24.21  The biological specimen or the results of the analysis shall be 
 24.22  maintained by the Bureau of Criminal Apprehension as provided in 
 24.23  section 299C.155. 
 24.24     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 24.25  and applies to crimes committed on or after that date. 
 24.26     Sec. 7.  Minnesota Statutes 2004, section 609.117, 
 24.27  subdivision 2, is amended to read: 
 24.28     Subd. 2.  [BEFORE RELEASE.] The commissioner of corrections 
 24.29  or local corrections authority shall order a person to provide a 
 24.30  biological specimen for the purpose of DNA analysis before 
 24.31  completion of the person's term of imprisonment when the person 
 24.32  has not provided a biological specimen for the purpose of DNA 
 24.33  analysis and the person: 
 24.34     (1) is currently serving a term of imprisonment for or has 
 24.35  a past conviction for violating or attempting to violate any of 
 24.36  the following or a similar law of another state or the United 
 25.1   States or initially charged with violating one of the following 
 25.2   sections or a similar law of another state or the United States 
 25.3   and convicted of another offense arising out of the same set of 
 25.4   circumstances: 
 25.5      (i) murder under section 609.185, 609.19, or 609.195; 
 25.6      (ii) manslaughter under section 609.20 or 609.205; 
 25.7      (iii) assault under section 609.221, 609.222, or 609.223; 
 25.8      (iv) robbery under section 609.24 or aggravated robbery 
 25.9   under section 609.245; 
 25.10     (v) kidnapping under section 609.25; 
 25.11     (vi) false imprisonment under section 609.255; 
 25.12     (vii) criminal sexual conduct under section 609.342, 
 25.13  609.343, 609.344, 609.345, or 609.3451, subdivision 3, or 
 25.14  609.3453; 
 25.15     (viii) incest under section 609.365; 
 25.16     (ix) burglary under section 609.582, subdivision 1; or 
 25.17     (x) indecent exposure under section 617.23, subdivision 3; 
 25.18  or 
 25.19     (2) was sentenced as a patterned sex offender under section 
 25.20  609.108, and committed to the custody of the commissioner of 
 25.21  corrections; or 
 25.22     (3) is serving a term of imprisonment in this state under a 
 25.23  reciprocal agreement although convicted in another state of an 
 25.24  offense described in this subdivision or a similar law of the 
 25.25  United States or any other state.  The commissioner of 
 25.26  corrections or local corrections authority shall forward the 
 25.27  sample to the Bureau of Criminal Apprehension. 
 25.28     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 25.29  and applies to crimes committed on or after that date. 
 25.30     Sec. 8.  Minnesota Statutes 2004, section 609.1351, is 
 25.31  amended to read: 
 25.32     609.1351 [PETITION FOR CIVIL COMMITMENT.] 
 25.33     When a court sentences a person under section 609.108, 
 25.34  609.342, 609.343, 609.344, or 609.345, or 609.3453, the court 
 25.35  shall make a preliminary determination whether in the court's 
 25.36  opinion a petition under section 253B.185 may be appropriate and 
 26.1   include the determination as part of the sentencing order.  If 
 26.2   the court determines that a petition may be appropriate, the 
 26.3   court shall forward its preliminary determination along with 
 26.4   supporting documentation to the county attorney.  
 26.5      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 26.6   and applies to crimes committed on or after that date. 
 26.7      Sec. 9.  Minnesota Statutes 2004, section 609.347, is 
 26.8   amended to read: 
 26.9      609.347 [EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.] 
 26.10     Subdivision 1.  In a prosecution under sections 609.109 or, 
 26.11  609.342 to 609.3451, or 609.3453, the testimony of a victim need 
 26.12  not be corroborated. 
 26.13     Subd. 2.  In a prosecution under sections 609.109 or, 
 26.14  609.342 to 609.3451, or 609.3453, there is no need to show that 
 26.15  the victim resisted the accused.  
 26.16     Subd. 3.  In a prosecution under sections 609.109, 609.342 
 26.17  to 609.3451, 609.3453, or 609.365, evidence of the victim's 
 26.18  previous sexual conduct shall not be admitted nor shall any 
 26.19  reference to such conduct be made in the presence of the jury, 
 26.20  except by court order under the procedure provided in 
 26.21  subdivision 4.  The evidence can be admitted only if the 
 26.22  probative value of the evidence is not substantially outweighed 
 26.23  by its inflammatory or prejudicial nature and only in the 
 26.24  circumstances set out in paragraphs (a) and (b).  For the 
 26.25  evidence to be admissible under paragraph (a), subsection (i), 
 26.26  the judge must find by a preponderance of the evidence that the 
 26.27  facts set out in the accused's offer of proof are true.  For the 
 26.28  evidence to be admissible under paragraph (a), subsection (ii) 
 26.29  or paragraph (b), the judge must find that the evidence is 
 26.30  sufficient to support a finding that the facts set out in the 
 26.31  accused's offer of proof are true, as provided under Rule 901 of 
 26.32  the Rules of Evidence. 
 26.33     (a) When consent of the victim is a defense in the case, 
 26.34  the following evidence is admissible: 
 26.35     (i) evidence of the victim's previous sexual conduct 
 26.36  tending to establish a common scheme or plan of similar sexual 
 27.1   conduct under circumstances similar to the case at issue.  In 
 27.2   order to find a common scheme or plan, the judge must find that 
 27.3   the victim made prior allegations of sexual assault which were 
 27.4   fabricated; and 
 27.5      (ii) evidence of the victim's previous sexual conduct with 
 27.6   the accused.  
 27.7      (b) When the prosecution's case includes evidence of semen, 
 27.8   pregnancy, or disease at the time of the incident or, in the 
 27.9   case of pregnancy, between the time of the incident and trial, 
 27.10  evidence of specific instances of the victim's previous sexual 
 27.11  conduct is admissible solely to show the source of the semen, 
 27.12  pregnancy, or disease. 
 27.13     Subd. 4.  The accused may not offer evidence described in 
 27.14  subdivision 3 except pursuant to the following procedure: 
 27.15     (a) A motion shall be made by the accused at least three 
 27.16  business days prior to trial, unless later for good cause shown, 
 27.17  setting out with particularity the offer of proof of the 
 27.18  evidence that the accused intends to offer, relative to the 
 27.19  previous sexual conduct of the victim; 
 27.20     (b) If the court deems the offer of proof sufficient, the 
 27.21  court shall order a hearing out of the presence of the jury, if 
 27.22  any, and in such hearing shall allow the accused to make a full 
 27.23  presentation of the offer of proof; 
 27.24     (c) At the conclusion of the hearing, if the court finds 
 27.25  that the evidence proposed to be offered by the accused 
 27.26  regarding the previous sexual conduct of the victim is 
 27.27  admissible under subdivision 3 and that its probative value is 
 27.28  not substantially outweighed by its inflammatory or prejudicial 
 27.29  nature, the court shall make an order stating the extent to 
 27.30  which evidence is admissible.  The accused may then offer 
 27.31  evidence pursuant to the order of the court; 
 27.32     (d) If new information is discovered after the date of the 
 27.33  hearing or during the course of trial, which may make evidence 
 27.34  described in subdivision 3 admissible, the accused may make an 
 27.35  offer of proof pursuant to clause (a) and the court shall order 
 27.36  an in camera hearing to determine whether the proposed evidence 
 28.1   is admissible by the standards herein.  
 28.2      Subd. 5.  In a prosecution under sections 609.109 or, 
 28.3   609.342 to 609.3451, or 609.3453, the court shall not instruct 
 28.4   the jury to the effect that: 
 28.5      (a) It may be inferred that a victim who has previously 
 28.6   consented to sexual intercourse with persons other than the 
 28.7   accused would be therefore more likely to consent to sexual 
 28.8   intercourse again; or 
 28.9      (b) The victim's previous or subsequent sexual conduct in 
 28.10  and of itself may be considered in determining the credibility 
 28.11  of the victim; or 
 28.12     (c) Criminal sexual conduct is a crime easily charged by a 
 28.13  victim but very difficult to disprove by an accused because of 
 28.14  the heinous nature of the crime; or 
 28.15     (d) The jury should scrutinize the testimony of the victim 
 28.16  any more closely than it should scrutinize the testimony of any 
 28.17  witness in any felony prosecution.  
 28.18     Subd. 6.  (a) In a prosecution under sections 609.109 or, 
 28.19  609.342 to 609.3451, or 609.3453, involving a psychotherapist 
 28.20  and patient, evidence of the patient's personal or medical 
 28.21  history is not admissible except when:  
 28.22     (1) the accused requests a hearing at least three business 
 28.23  days prior to trial and makes an offer of proof of the relevancy 
 28.24  of the history; and 
 28.25     (2) the court finds that the history is relevant and that 
 28.26  the probative value of the history outweighs its prejudicial 
 28.27  value.  
 28.28     (b) The court shall allow the admission only of specific 
 28.29  information or examples of conduct of the victim that are 
 28.30  determined by the court to be relevant.  The court's order shall 
 28.31  detail the information or conduct that is admissible and no 
 28.32  other evidence of the history may be introduced. 
 28.33     (c) Violation of the terms of the order is grounds for 
 28.34  mistrial but does not prevent the retrial of the accused.  
 28.35     Subd. 7.  [EFFECT OF STATUTE ON RULES.] Rule 412 of the 
 28.36  Rules of Evidence is superseded to the extent of its conflict 
 29.1   with this section. 
 29.2      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 29.3   and applies to crimes committed on or after that date. 
 29.4      Sec. 10.  Minnesota Statutes 2004, section 609.3471, is 
 29.5   amended to read: 
 29.6      609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY 
 29.7   CONFIDENTIAL.] 
 29.8      Notwithstanding any provision of law to the contrary, no 
 29.9   data contained in records or reports relating to petitions, 
 29.10  complaints, or indictments issued pursuant to section 609.342; 
 29.11  609.343; 609.344; or 609.345; or 609.3453, which specifically 
 29.12  identifies a victim who is a minor shall be accessible to the 
 29.13  public, except by order of the court.  Nothing in this section 
 29.14  authorizes denial of access to any other data contained in the 
 29.15  records or reports, including the identity of the defendant. 
 29.16     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 29.17  and applies to crimes committed on or after that date. 
 29.18     Sec. 11.  Minnesota Statutes 2004, section 609.348, is 
 29.19  amended to read: 
 29.20     609.348 [MEDICAL PURPOSES; EXCLUSION.] 
 29.21     Sections 609.109 and, 609.342 to 609.3451, and 609.3453 do 
 29.22  not apply to sexual penetration or sexual contact when done for 
 29.23  a bona fide medical purpose. 
 29.24     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 29.25  and applies to crimes committed on or after that date. 
 29.26     Sec. 12.  Minnesota Statutes 2004, section 609.353, is 
 29.27  amended to read: 
 29.28     609.353 [JURISDICTION.] 
 29.29     A violation or attempted violation of section 609.342, 
 29.30  609.343, 609.344, 609.345, 609.3451, 609.3453, or 609.352 may be 
 29.31  prosecuted in any jurisdiction in which the violation originates 
 29.32  or terminates. 
 29.33     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 29.34  and applies to crimes committed on or after that date. 
 29.35     Sec. 13.  Minnesota Statutes 2004, section 631.045, is 
 29.36  amended to read: 
 30.1      631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.] 
 30.2      At the trial of a complaint or indictment for a violation 
 30.3   of sections 609.109, 609.341 to 609.3451, 609.3453, or 617.246, 
 30.4   subdivision 2, when a minor under 18 years of age is the person 
 30.5   upon, with, or against whom the crime is alleged to have been 
 30.6   committed, the judge may exclude the public from the courtroom 
 30.7   during the victim's testimony or during all or part of the 
 30.8   remainder of the trial upon a showing that closure is necessary 
 30.9   to protect a witness or ensure fairness in the trial.  The judge 
 30.10  shall give the prosecutor, defendant and members of the public 
 30.11  the opportunity to object to the closure before a closure order. 
 30.12  The judge shall specify the reasons for closure in an order 
 30.13  closing all or part of the trial.  Upon closure the judge shall 
 30.14  only admit persons who have a direct interest in the case.  
 30.15     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 30.16  and applies to crimes committed on or after that date. 
 30.17     Sec. 14.  [REVISOR INSTRUCTION.] 
 30.18     (a) The revisor of statutes shall renumber Minnesota 
 30.19  Statutes, section 609.3452, as Minnesota Statutes, section 
 30.20  609.3457, and correct cross-references.  In addition, the 
 30.21  revisor shall delete the reference in Minnesota Statutes, 
 30.22  section 13.871, subdivision 3, paragraph (d), to Minnesota 
 30.23  Statutes, section 609.3452, and insert a reference to Minnesota 
 30.24  Statutes, section 609.3457.  The revisor shall include a 
 30.25  notation in Minnesota Statutes to inform readers of the statutes 
 30.26  of the renumbering of section 609.3457. 
 30.27     (b) In addition to the specific changes described in 
 30.28  paragraph (a), the revisor of statutes shall make other 
 30.29  technical changes necessitated by this act. 
 30.30                             ARTICLE 4 
 30.31                      MISCELLANEOUS PROVISIONS 
 30.32     Section 1.  Minnesota Statutes 2004, section 144.335, is 
 30.33  amended by adding a subdivision to read: 
 30.34     Subd. 3d.  [CRIMINAL HISTORY INFORMATION; 
 30.35  CLASSIFICATION.] Criminal history information that is classified 
 30.36  as public data shall not be reclassified as confidential medical 
 31.1   data when it is included in the patient's health record. 
 31.2      Sec. 2.  Minnesota Statutes 2004, section 241.67, 
 31.3   subdivision 3, is amended to read: 
 31.4      Subd. 3.  [PROGRAMS FOR ADULT OFFENDERS COMMITTED TO THE 
 31.5   COMMISSIONER.] (a) The commissioner shall provide for a range of 
 31.6   sex offender programs, including intensive sex offender 
 31.7   programs, within the state adult correctional facility system.  
 31.8   Participation in any program is subject to the rules and 
 31.9   regulations of the Department of Corrections.  Nothing in this 
 31.10  section requires the commissioner to accept or retain an 
 31.11  offender in a program if the offender is determined by prison 
 31.12  professionals as unamenable to programming within the prison 
 31.13  system or if the offender refuses or fails to comply with the 
 31.14  program's requirements.  Nothing in this section creates a right 
 31.15  of an offender to treatment.  
 31.16     (b) The commissioner shall develop a plan to provide for 
 31.17  residential and outpatient sex offender programming and 
 31.18  aftercare when required for conditional release under section 
 31.19  609.108 or as a condition of supervised release.  The plan may 
 31.20  include co-payments from the offender, third-party payers, local 
 31.21  agencies, or other funding sources as they are identified. 
 31.22     Sec. 3.  Minnesota Statutes 2004, section 242.195, 
 31.23  subdivision 1, is amended to read: 
 31.24     Subdivision 1.  [SEX OFFENDER PROGRAMS.] (a) The 
 31.25  commissioner of corrections shall develop a plan to provide for 
 31.26  a range of sex offender programs, including intensive sex 
 31.27  offender programs, for juveniles within state juvenile 
 31.28  correctional facilities and through purchase of service from 
 31.29  county and private residential and outpatient juvenile sex 
 31.30  offender programs.  The plan may include co-payments from the 
 31.31  offenders, third-party payers, local agencies, and other funding 
 31.32  sources as they are identified.  
 31.33     (b) The commissioner shall establish and operate a 
 31.34  residential sex offender program at one of the state juvenile 
 31.35  correctional facilities.  The program must be structured to 
 31.36  address both the therapeutic and disciplinary needs of juvenile 
 32.1   sex offenders.  The program must afford long-term residential 
 32.2   treatment for a range of juveniles who have committed sex 
 32.3   offenses and have failed other treatment programs or are not 
 32.4   likely to benefit from an outpatient or a community-based 
 32.5   residential treatment program. 
 32.6      Sec. 4.  Minnesota Statutes 2004, section 253B.02, 
 32.7   subdivision 4a, is amended to read: 
 32.8      Subd. 4a.  [CRIME AGAINST THE PERSON.] (a) "Crime" has the 
 32.9   meaning given to "violent crime" in section 609.1095, and 
 32.10  includes offenses within the definition of "crime against the 
 32.11  person" in section 253B.02, subdivision 4a, and also includes 
 32.12  offenses listed in section 253B.02, subdivision 7a, paragraph 
 32.13  (b), regardless of whether they are sexually motivated. 
 32.14     (b) "Crime against the person" means a violation of or 
 32.15  attempt to violate any of the following provisions:  sections 
 32.16  609.185 (murder in the first degree); 609.19 (murder in the 
 32.17  second degree); 609.195 (murder in the third degree); 609.20 
 32.18  (manslaughter in the first degree); 609.205 (manslaughter in the 
 32.19  second degree); 609.21 (criminal vehicular homicide and injury); 
 32.20  609.215 (suicide); 609.221 (assault in the first degree); 
 32.21  609.222 (assault in the second degree); 609.223 (assault in the 
 32.22  third degree); 609.224 (assault in the fifth degree); 609.2242 
 32.23  (domestic assault); 609.23 (mistreatment of persons confined); 
 32.24  609.231 (mistreatment of residents or patients); 609.2325 
 32.25  (criminal abuse); 609.233 (criminal neglect); 609.2335 
 32.26  (financial exploitation of a vulnerable adult); 609.235 (use of 
 32.27  drugs to injure or facilitate crime); 609.24 (simple robbery); 
 32.28  609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 
 32.29  (false imprisonment); 609.265 (abduction); 609.27, subdivision 
 32.30  1, clause (1) or (2) (coercion); 609.28 (interfering with 
 32.31  religious observance) if violence or threats of violence were 
 32.32  used; 609.322, subdivision 1, clause (2) (solicitation); 609.342 
 32.33  (criminal sexual conduct in the first degree); 609.343 (criminal 
 32.34  sexual conduct in the second degree); 609.344 (criminal sexual 
 32.35  conduct in the third degree); 609.345 (criminal sexual conduct 
 32.36  in the fourth degree); 609.365 (incest); 609.498, subdivision 1 
 33.1   (tampering with a witness); 609.50, clause (1) (obstructing 
 33.2   legal process, arrest, and firefighting); 609.561 (arson in the 
 33.3   first degree); 609.562 (arson in the second degree); 609.595 
 33.4   (damage to property); and 609.72, subdivision 3 (disorderly 
 33.5   conduct by a caregiver). 
 33.6      Sec. 5.  Minnesota Statutes 2004, section 253B.02, is 
 33.7   amended by adding a subdivision to read: 
 33.8      Subd. 4c.  [CONVICTED; CONVICTION.] "Convicted" and 
 33.9   "conviction" include findings under Minnesota Rules of Criminal 
 33.10  Procedure, Rule 20.02, that the elements of a crime have been 
 33.11  proved. 
 33.12     Sec. 6.  Minnesota Statutes 2004, section 253B.02, is 
 33.13  amended by adding a subdivision to read: 
 33.14     Subd. 27.  [VICTIM.] "Victim" means a person who has 
 33.15  incurred loss or harm as a result of a crime the behavior for 
 33.16  which forms the basis for a commitment under this section or 
 33.17  section 253B.185. 
 33.18     Sec. 7.  Minnesota Statutes 2004, section 253B.08, 
 33.19  subdivision 2, is amended to read: 
 33.20     Subd. 2.  [NOTICE OF HEARING.] (a) The proposed patient, 
 33.21  patient's counsel, the petitioner, the county attorney, and any 
 33.22  other persons as the court directs shall be given at least five 
 33.23  days' notice that a hearing will be held and at least two days' 
 33.24  notice of the time and date of the hearing, except that any 
 33.25  person may waive notice.  Notice to the proposed patient may be 
 33.26  waived by patient's counsel.  
 33.27     (b) A county attorney who files a petition to commit a 
 33.28  person under section 253B.18 or 253B.185 shall make a reasonable 
 33.29  effort to provide prompt notice of filing the petition to any 
 33.30  victim of a crime for which the person was convicted.  In 
 33.31  addition, the county attorney shall make a reasonable effort to 
 33.32  promptly notify the victim of the resolution of the petition. 
 33.33     Sec. 8.  Minnesota Statutes 2004, section 253B.18, 
 33.34  subdivision 5, is amended to read: 
 33.35     Subd. 5.  [PETITION; NOTICE OF HEARING; ATTENDANCE; ORDER.] 
 33.36  (a) A petition for an order of transfer, discharge, provisional 
 34.1   discharge, or revocation of provisional discharge shall be filed 
 34.2   with the commissioner and may be filed by the patient or by the 
 34.3   head of the treatment facility.  A patient may not petition the 
 34.4   special review board for six months following commitment under 
 34.5   subdivision 3 or following the final disposition of any previous 
 34.6   petition and subsequent appeal by the patient.  The medical 
 34.7   director may petition at any time.  
 34.8      (b) Fourteen days prior to the hearing, the committing 
 34.9   court, the county attorney of the county of commitment, the 
 34.10  designated agency, interested person, the petitioner, and the 
 34.11  petitioner's counsel shall be given written notice by the 
 34.12  commissioner of the time and place of the hearing before the 
 34.13  special review board.  Only those entitled to statutory notice 
 34.14  of the hearing or those administratively required to attend may 
 34.15  be present at the hearing.  The patient may designate interested 
 34.16  persons to receive notice by providing the names and addresses 
 34.17  to the commissioner at least 21 days before the hearing.  The 
 34.18  board shall provide the commissioner with written findings of 
 34.19  fact and recommendations within 21 days of the hearing.  The 
 34.20  commissioner shall issue an order no later than 14 days after 
 34.21  receiving the recommendation of the special review board.  A 
 34.22  copy of the order shall be sent by certified mail to every 
 34.23  person entitled to statutory notice of the hearing within five 
 34.24  days after it is signed.  No order by the commissioner shall be 
 34.25  effective sooner than 30 days after the order is signed, unless 
 34.26  the county attorney, the patient, and the commissioner agree 
 34.27  that it may become effective sooner.  
 34.28     (c) The special review board shall hold a hearing on each 
 34.29  petition prior to making its recommendation to the 
 34.30  commissioner.  The special review board proceedings are not 
 34.31  contested cases as defined in chapter 14.  Any person or agency 
 34.32  receiving notice that submits documentary evidence to the 
 34.33  special review board prior to the hearing shall also provide 
 34.34  copies to the patient, the patient's counsel, the county 
 34.35  attorney of the county of commitment, the case manager, and the 
 34.36  commissioner. 
 35.1      (d) Prior to the final decision by the commissioner, the 
 35.2   special review board may be reconvened to consider events or 
 35.3   circumstances that occurred subsequent to the hearing. 
 35.4      (e) In making its recommendations, the special review board 
 35.5   or commissioner must consider any statements received from 
 35.6   victims under subdivision 5a. 
 35.7      Sec. 9.  Minnesota Statutes 2004, section 253B.18, is 
 35.8   amended by adding a subdivision to read: 
 35.9      Subd. 5a.  [VICTIM NOTIFICATION.] (a) Before provisionally 
 35.10  discharging, discharging, granting pass-eligible status, 
 35.11  approving a pass plan, or otherwise permanently or temporarily 
 35.12  releasing a person committed under this section or section 
 35.13  253B.185 from a treatment facility, the head of the treatment 
 35.14  facility shall make a reasonable effort to notify any victim of 
 35.15  a crime for which the person was convicted that the person may 
 35.16  be discharged or released and that the victim has a right to 
 35.17  submit a written statement to the special review board or the 
 35.18  commissioner with respect to the person.  To the extent 
 35.19  possible, the notice must be provided at least 14 days before 
 35.20  any special review board hearing or before a determination on a 
 35.21  pass plan. 
 35.22     (b) This subdivision applies only to victims who have 
 35.23  requested notification by contacting, in writing, the county 
 35.24  attorney in the county where the conviction for the crime 
 35.25  occurred.  A county attorney who receives a request for 
 35.26  notification under this paragraph shall promptly forward the 
 35.27  request to the commissioner of human services. 
 35.28     (c) The rights under this subdivision are in addition to 
 35.29  rights available to a victim under chapter 611A. 
 35.30     Sec. 10.  Minnesota Statutes 2004, section 609.108, 
 35.31  subdivision 7, is amended to read: 
 35.32     Subd. 7.  [COMMISSIONER OF CORRECTIONS.] The commissioner 
 35.33  shall develop a plan to pay the cost of treatment of a person 
 35.34  released under subdivision 6.  The plan may include co-payments 
 35.35  from offenders, third-party payers, local agencies, or other 
 35.36  funding sources as they are identified.  This section does not 
 36.1   require the commissioner to accept or retain an offender in a 
 36.2   treatment program. 
 36.3      Sec. 11.  Minnesota Statutes 2004, section 609.109, 
 36.4   subdivision 7, is amended to read: 
 36.5      Subd. 7.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
 36.6   Notwithstanding the statutory maximum sentence otherwise 
 36.7   applicable to the offense or any provision of the Sentencing 
 36.8   Guidelines, when a court sentences a person to prison for a 
 36.9   violation of section 609.342, 609.343, 609.344, or 609.345, the 
 36.10  court shall provide that after the person has completed the 
 36.11  sentence imposed, the commissioner of corrections shall place 
 36.12  the person on conditional release.  If the person was convicted 
 36.13  for a violation of section 609.342, 609.343, 609.344, or 
 36.14  609.345, the person shall be placed on conditional release for 
 36.15  five years, minus the time the person served on supervised 
 36.16  release.  If the person was convicted for a violation of one of 
 36.17  those sections after a previous sex offense conviction as 
 36.18  defined in subdivision 5, or sentenced under subdivision 6 to a 
 36.19  mandatory departure, the person shall be placed on conditional 
 36.20  release for ten years, minus the time the person served on 
 36.21  supervised release. 
 36.22     (b) The conditions of release may include successful 
 36.23  completion of treatment and aftercare in a program approved by 
 36.24  the commissioner, satisfaction of the release conditions 
 36.25  specified in section 244.05, subdivision 6, and any other 
 36.26  conditions the commissioner considers appropriate.  If the 
 36.27  offender fails to meet any condition of release, the 
 36.28  commissioner may revoke the offender's conditional release and 
 36.29  order that the offender serve the remaining portion of the 
 36.30  conditional release term in prison.  The commissioner shall not 
 36.31  dismiss the offender from supervision before the conditional 
 36.32  release term expires. 
 36.33     Conditional release under this subdivision is governed by 
 36.34  provisions relating to supervised release, except as otherwise 
 36.35  provided in this subdivision, section 244.04, subdivision 1, or 
 36.36  244.05. 
 37.1      (c) The commissioner shall develop a plan to pay the cost 
 37.2   of treatment of a person released under this subdivision.  The 
 37.3   plan may include co-payments from offenders, third-party payers, 
 37.4   local agencies, and other funding sources as they are 
 37.5   identified.  This section does not require the commissioner to 
 37.6   accept or retain an offender in a treatment program. 
 37.7      Sec. 12.  Minnesota Statutes 2004, section 609.485, 
 37.8   subdivision 2, is amended to read: 
 37.9      Subd. 2.  [ACTS PROHIBITED.] Whoever does any of the 
 37.10  following may be sentenced as provided in subdivision 4: 
 37.11     (1) escapes while held pursuant to a lawful arrest, in 
 37.12  lawful custody on a charge or conviction of a crime, or while 
 37.13  held in lawful custody on an allegation or adjudication of a 
 37.14  delinquent act; 
 37.15     (2) transfers to another, who is in lawful custody on a 
 37.16  charge or conviction of a crime, or introduces into an 
 37.17  institution in which the latter is confined, anything usable in 
 37.18  making such escape, with intent that it shall be so used; 
 37.19     (3) having another in lawful custody on a charge or 
 37.20  conviction of a crime, intentionally permits the other to 
 37.21  escape; 
 37.22     (4) escapes while in a facility designated under section 
 37.23  253B.18, subdivision 1, pursuant to a court commitment order 
 37.24  after a finding of not guilty by reason of mental illness or 
 37.25  mental deficiency of a crime against the person, as defined in 
 37.26  section 253B.02, subdivision 4a.  Notwithstanding section 
 37.27  609.17, no person may be charged with or convicted of an attempt 
 37.28  to commit a violation of this clause; or 
 37.29     (5) escapes while in a facility designated under section 
 37.30  253B.18, subdivision 1, pursuant to a court commitment order 
 37.31  under section 253B.185 or Minnesota Statutes 1992, section 
 37.32  526.10; or 
 37.33     (6) escapes while on pass status or provisional discharge 
 37.34  according to section 253B.18. 
 37.35     For purposes of clause (1), "escapes while held in lawful 
 37.36  custody" includes absconding from electronic monitoring or 
 38.1   absconding after removing an electronic monitoring device from 
 38.2   the person's body. 
 38.3      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 38.4   and applies to crimes committed on or after that date. 
 38.5      Sec. 13.  Minnesota Statutes 2004, section 609.485, 
 38.6   subdivision 4, is amended to read: 
 38.7      Subd. 4.  [SENTENCE.] (a) Except as otherwise provided in 
 38.8   subdivision 3a, whoever violates this section may be sentenced 
 38.9   as follows: 
 38.10     (1) if the person who escapes is in lawful custody for a 
 38.11  felony, to imprisonment for not more than five years or to 
 38.12  payment of a fine of not more than $10,000, or both; 
 38.13     (2) if the person who escapes is in lawful custody after a 
 38.14  finding of not guilty by reason of mental illness or mental 
 38.15  deficiency of a crime against the person, as defined in section 
 38.16  253B.02, subdivision 4a, or pursuant to a court commitment order 
 38.17  under section 253B.185 or Minnesota Statutes 1992, section 
 38.18  526.10, to imprisonment for not more than one year and one day 
 38.19  or to payment of a fine of not more than $3,000, or both; or 
 38.20     (3) if the person who escapes is in lawful custody for a 
 38.21  gross misdemeanor or misdemeanor, or if the person who escapes 
 38.22  is in lawful custody on an allegation or adjudication of a 
 38.23  delinquent act, to imprisonment for not more than one year or to 
 38.24  payment of a fine of not more than $3,000, or both; or 
 38.25     (4) if the person who escapes is under civil commitment 
 38.26  under sections 253B.18 and 253B.185, to imprisonment for not 
 38.27  more than one year and one day or to payment of a fine of not 
 38.28  more than $3,000, or both.  
 38.29     (b) If the escape was a violation of subdivision 2, clause 
 38.30  (1), (2), or (3), and was effected by violence or threat of 
 38.31  violence against a person, the sentence may be increased to not 
 38.32  more than twice those permitted in paragraph (a), clauses (1) 
 38.33  and (3). 
 38.34     (c) Unless a concurrent term is specified by the court, a 
 38.35  sentence under this section shall be consecutive to any sentence 
 38.36  previously imposed or which may be imposed for any crime or 
 39.1   offense for which the person was in custody when the person 
 39.2   escaped. 
 39.3      (d) Notwithstanding paragraph (c), if a person who was 
 39.4   committed to the commissioner of corrections under section 
 39.5   260B.198 escapes from the custody of the commissioner while 18 
 39.6   years of age, the person's sentence under this section shall 
 39.7   commence on the person's 19th birthday or on the person's date 
 39.8   of discharge by the commissioner of corrections, whichever 
 39.9   occurs first.  However, if the person described in this clause 
 39.10  is convicted under this section after becoming 19 years old and 
 39.11  after having been discharged by the commissioner, the person's 
 39.12  sentence shall commence upon imposition by the sentencing court. 
 39.13     (e) Notwithstanding paragraph (c), if a person who is in 
 39.14  lawful custody on an allegation or adjudication of a delinquent 
 39.15  act while 18 years of age escapes from a local juvenile 
 39.16  correctional facility, the person's sentence under this section 
 39.17  begins on the person's 19th birthday or on the person's date of 
 39.18  discharge from the jurisdiction of the juvenile court, whichever 
 39.19  occurs first.  However, if the person described in this 
 39.20  paragraph is convicted after becoming 19 years old and after 
 39.21  discharge from the jurisdiction of the juvenile court, the 
 39.22  person's sentence begins upon imposition by the sentencing court.
 39.23     (f) Notwithstanding paragraph (a), any person who escapes 
 39.24  or absconds from electronic monitoring or removes an electric 
 39.25  monitoring device from the person's body is guilty of a crime 
 39.26  and shall be sentenced to imprisonment for not more than one 
 39.27  year or to a payment of a fine of not more than $3,000, or 
 39.28  both.  A person in lawful custody for a violation of section 
 39.29  609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221, 
 39.30  609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345, 
 39.31  or 609.3451 who escapes or absconds from electronic monitoring 
 39.32  or removes an electronic monitoring device while under sentence 
 39.33  may be sentenced to imprisonment for not more than five years or 
 39.34  to a payment of a fine of not more than $10,000, or both. 
 39.35     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 39.36  and applies to crimes committed on or after that date. 
 40.1      Sec. 14.  Minnesota Statutes 2004, section 617.23, 
 40.2   subdivision 2, is amended to read: 
 40.3      Subd. 2.  [GROSS MISDEMEANOR.] A person who commits any of 
 40.4   the following acts is guilty of a gross misdemeanor: 
 40.5      (1) the person violates subdivision 1 in the presence of a 
 40.6   minor under the age of 16; or 
 40.7      (2) the person violates subdivision 1 after having been 
 40.8   previously convicted of violating subdivision 1, sections 
 40.9   609.342 to 609.3451, or a statute from another state in 
 40.10  conformity with any of those sections, is guilty of a gross 
 40.11  misdemeanor. 
 40.12     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 40.13  and applies to crimes committed on or after that date. 
 40.14     Sec. 15.  Minnesota Statutes 2004, section 617.23, 
 40.15  subdivision 3, is amended to read: 
 40.16     Subd. 3.  [FELONY.] A person is guilty of a felony and may 
 40.17  be sentenced to imprisonment for not more than five years or to 
 40.18  payment of a fine of not more than $10,000, or both, if: 
 40.19     (1) the person violates subdivision 2, clause (1), after 
 40.20  having been previously convicted of or adjudicated delinquent 
 40.21  for violating subdivision 2, clause (1); section 609.3451, 
 40.22  subdivision 1, clause (2); or a statute from another state in 
 40.23  conformity with subdivision 2, clause (1), or section 609.3451, 
 40.24  subdivision 1, clause (2); or 
 40.25     (2) the person commits a violation of subdivision 1, clause 
 40.26  (1), in the presence of another person while intentionally 
 40.27  confining that person or otherwise intentionally restricting 
 40.28  that person's freedom to move; or 
 40.29     (3) the person violates subdivision 1 in the presence of an 
 40.30  unaccompanied minor under the age of 16. 
 40.31     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 40.32  and applies to crimes committed on or after that date. 
 40.33     Sec. 16.  [SUPREME COURT TASK FORCE; STUDY REQUIRED.] 
 40.34     Subdivision 1.  [ESTABLISHMENT.] The Minnesota Supreme 
 40.35  Court is requested to establish a task force to study the use of 
 40.36  the court system as an alternative to the administrative process 
 41.1   of the special review board for reductions in custody and 
 41.2   discharge from commitment of those persons committed as a 
 41.3   sexually dangerous person or sexual psychopathic personality 
 41.4   under Minnesota Statutes, section 253B.185. 
 41.5      Subd. 2.  [MEMBERSHIP.] The task force shall consist of the 
 41.6   following: 
 41.7      (1) a representative from the Supreme Court; 
 41.8      (2) a court administrator; 
 41.9      (3) a district court judge; 
 41.10     (4) a county attorney selected by the county attorney's 
 41.11  association; 
 41.12     (5) a representative from the Attorney General's Office; 
 41.13     (6) the Ombudsman for Mental Health and Mental Retardation; 
 41.14     (7) a law enforcement representative; 
 41.15     (8) a county case manager; 
 41.16     (9) a victim services representative; 
 41.17     (10) a person experienced in treating sex offenders; 
 41.18     (11) a defense attorney; 
 41.19     (12) the commissioner of human services or designee; 
 41.20     (13) the state-operated services forensic medical director 
 41.21  or designee; 
 41.22     (14) the commissioner of corrections, or designee; 
 41.23     (15) a representative from community corrections; 
 41.24     (16) a member of the special review board; and 
 41.25     (17) any other persons deemed necessary by the Minnesota 
 41.26  Supreme Court. 
 41.27     Subd. 3.  [RECOMMENDATIONS.] The task force shall be 
 41.28  convened no later than August 1, 2005.  The task force shall 
 41.29  examine current law and practices relating to the reduction in 
 41.30  custody and discharge of persons committed as a sexually 
 41.31  dangerous person or sexual psychopathic personality.  The task 
 41.32  forces shall examine the laws of other jurisdictions and shall 
 41.33  make recommendations regarding reduction in custody and 
 41.34  discharge procedures and release criteria.  The recommendations 
 41.35  may suggest the establishment of a judicial process rather than 
 41.36  the special review board to authorize a reduction in custody or 
 42.1   discharge. 
 42.2      Subd. 4.  [REPORT.] The task force shall report to the 
 42.3   chairs of the house public safety policy and finance committee 
 42.4   and the senate crime prevention and public safety committee with 
 42.5   recommendations by December 15, 2005. 
 42.6                              ARTICLE 5 
 42.7                     PREDATORY OFFENDER REGISTRY
 42.8      Section 1.  Minnesota Statutes 2004, section 144A.135, is 
 42.9   amended to read: 
 42.10     144A.135 [TRANSFER AND DISCHARGE APPEALS.] 
 42.11     (a) The commissioner shall establish a mechanism for 
 42.12  hearing appeals on transfers and discharges of residents by 
 42.13  nursing homes or boarding care homes licensed by the 
 42.14  commissioner.  The commissioner may adopt permanent rules to 
 42.15  implement this section. 
 42.16     (b) Until federal regulations are adopted under sections 
 42.17  1819(f)(3) and 1919(f)(3) of the Social Security Act that govern 
 42.18  appeals of the discharges or transfers of residents from nursing 
 42.19  homes and boarding care homes certified for participation in 
 42.20  Medicare or medical assistance, the commissioner shall provide 
 42.21  hearings under sections 14.57 to 14.62 and the rules adopted by 
 42.22  the Office of Administrative Hearings governing contested 
 42.23  cases.  To appeal the discharge or transfer, or notification of 
 42.24  an intended discharge or transfer, a resident or the resident's 
 42.25  representative must request a hearing in writing no later than 
 42.26  30 days after receiving written notice, which conforms to state 
 42.27  and federal law, of the intended discharge or transfer.  
 42.28     (c) Hearings under this section shall be held no later than 
 42.29  14 days after receipt of the request for hearing, unless 
 42.30  impractical to do so or unless the parties agree otherwise.  
 42.31  Hearings shall be held in the facility in which the resident 
 42.32  resides, unless impractical to do so or unless the parties agree 
 42.33  otherwise. 
 42.34     (d) A resident who timely appeals a notice of discharge or 
 42.35  transfer, and who resides in a certified nursing home or 
 42.36  boarding care home, may not be discharged or transferred by the 
 43.1   nursing home or boarding care home until resolution of the 
 43.2   appeal.  The commissioner can order the facility to readmit the 
 43.3   resident if the discharge or transfer was in violation of state 
 43.4   or federal law.  If the resident is required to be hospitalized 
 43.5   for medical necessity before resolution of the appeal, the 
 43.6   facility shall readmit the resident unless the resident's 
 43.7   attending physician documents, in writing, why the resident's 
 43.8   specific health care needs cannot be met in the facility. 
 43.9      (e) The commissioner and Office of Administrative Hearings 
 43.10  shall conduct the hearings in compliance with the federal 
 43.11  regulations described in paragraph (b), when adopted.  
 43.12     (f) Nothing in this section limits the right of a resident 
 43.13  or the resident's representative to request or receive 
 43.14  assistance from the Office of Ombudsman for Older Minnesotans or 
 43.15  the Office of Health Facility Complaints with respect to an 
 43.16  intended discharge or transfer. 
 43.17     (g) A person required to inform a health care facility of 
 43.18  the person's status as a registered sex offender under section 
 43.19  243.166, subdivision 4b, who knowingly fails to do so is not 
 43.20  eligible to rely on the transfer and appeal procedure prescribed 
 43.21  by this section to remain in the facility. 
 43.22     Sec. 2.  Minnesota Statutes 2004, section 243.166, is 
 43.23  amended to read: 
 43.24     243.166 [REGISTRATION OF PREDATORY OFFENDERS.] 
 43.25     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
 43.26  register under this section if:  
 43.27     (1) the person was charged with or petitioned for a felony 
 43.28  violation of or attempt to violate any of the following, and 
 43.29  convicted of or adjudicated delinquent for that offense or 
 43.30  another offense arising out of the same set of circumstances: 
 43.31     (i) murder under section 609.185, clause (2); or 
 43.32     (ii) kidnapping under section 609.25; or 
 43.33     (iii) criminal sexual conduct under section 609.342; 
 43.34  609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
 43.35     (iv) indecent exposure under section 617.23, subdivision 3; 
 43.36  or 
 44.1      (2) the person was charged with or petitioned for falsely 
 44.2   imprisoning a minor in violation of section 609.255, subdivision 
 44.3   2; soliciting a minor to engage in prostitution in violation of 
 44.4   section 609.322 or 609.324; soliciting a minor to engage in 
 44.5   sexual conduct in violation of section 609.352; using a minor in 
 44.6   a sexual performance in violation of section 617.246; or 
 44.7   possessing pornographic work involving a minor in violation of 
 44.8   section 617.247, and convicted of or adjudicated delinquent for 
 44.9   that offense or another offense arising out of the same set of 
 44.10  circumstances; or 
 44.11     (3) the person was convicted of a predatory crime as 
 44.12  defined in section 609.108, and the offender was sentenced as a 
 44.13  patterned sex offender or the court found on its own motion or 
 44.14  that of the prosecutor that the crime was part of a predatory 
 44.15  pattern of behavior that had criminal sexual conduct as its 
 44.16  goal; or 
 44.17     (4) the person was convicted of or adjudicated delinquent 
 44.18  for, including pursuant to a court martial, violating a law of 
 44.19  the United States, including the Uniform Code of Military 
 44.20  Justice, similar to the offenses described in clause (1), (2), 
 44.21  or (3). 
 44.22     (b) A person also shall register under this section if: 
 44.23     (1) the person was convicted of or adjudicated delinquent 
 44.24  in another state for an offense that would be a violation of a 
 44.25  law described in paragraph (a) if committed in this state; 
 44.26     (2) the person enters the state to reside, or to work or 
 44.27  attend school; and 
 44.28     (3) ten years have not elapsed since the person was 
 44.29  released from confinement or, if the person was not confined, 
 44.30  since the person was convicted of or adjudicated delinquent for 
 44.31  the offense that triggers registration, unless the person is 
 44.32  subject to lifetime registration, in which case the person must 
 44.33  register for life regardless of when the person was released 
 44.34  from confinement, convicted, or adjudicated delinquent. 
 44.35  For purposes of this paragraph: 
 44.36     (i) "school" includes any public or private educational 
 45.1   institution, including any secondary school, trade or 
 45.2   professional institution, or institution of higher education, 
 45.3   that the person is enrolled in on a full-time or part-time 
 45.4   basis; and 
 45.5      (ii) "work" includes employment that is full time or part 
 45.6   time for a period of time exceeding 14 days or for an aggregate 
 45.7   period of time exceeding 30 days during any calendar year, 
 45.8   whether financially compensated, volunteered, or for the purpose 
 45.9   of government or educational benefit. 
 45.10     (c) A person also shall register under this section if the 
 45.11  person was committed pursuant to a court commitment order under 
 45.12  section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
 45.13  a similar law of another state or the United States, regardless 
 45.14  of whether the person was convicted of any offense. 
 45.15     (d) A person also shall register under this section if: 
 45.16     (1) the person was charged with or petitioned for a felony 
 45.17  violation or attempt to violate any of the offenses listed in 
 45.18  paragraph (a), clause (1), or a similar law of another state or 
 45.19  the United States, or the person was charged with or petitioned 
 45.20  for a violation of any of the offenses listed in paragraph (a), 
 45.21  clause (2), or a similar law of another state or the United 
 45.22  States; 
 45.23     (2) the person was found not guilty by reason of mental 
 45.24  illness or mental deficiency after a trial for that offense, or 
 45.25  found guilty but mentally ill after a trial for that offense, in 
 45.26  states with a guilty but mentally ill verdict; and 
 45.27     (3) the person was committed pursuant to a court commitment 
 45.28  order under section 253B.18 or a similar law of another state or 
 45.29  the United States. 
 45.30     Subd. 1a.  [DEFINITIONS.] (a) As used in this section, 
 45.31  unless the context clearly indicates otherwise, the following 
 45.32  terms have the meanings given them. 
 45.33     (b) "Bureau" means the Bureau of Criminal Apprehension.  
 45.34     (c) "Dwelling" means the building where the person lives 
 45.35  under a formal or informal agreement to do so.  
 45.36     (d) "Incarceration" and "confinement" do not include 
 46.1   electronic home monitoring.  
 46.2      (e) "Law enforcement authority" or "authority" means, with 
 46.3   respect to a home rule charter or statutory city, the chief of 
 46.4   police, and with respect to an unincorporated area, the county 
 46.5   sheriff. 
 46.6      (f) "Motor vehicle" has the meaning given in section 
 46.7   169.01, subdivision 2. 
 46.8      (g) "Primary address" means the mailing address of the 
 46.9   person's dwelling.  If the mailing address is different from the 
 46.10  actual location of the dwelling, "primary address" also includes 
 46.11  the physical location of the dwelling described with as much 
 46.12  specificity as possible. 
 46.13     (h) "School" includes any public or private educational 
 46.14  institution, including any secondary school, trade, or 
 46.15  professional institution, or institution of higher education, 
 46.16  that the person is enrolled in on a full-time or part-time basis.
 46.17     (i) "Secondary address" means the mailing address of any 
 46.18  place where the person regularly or occasionally stays overnight 
 46.19  when not staying at the person's primary address.  If the 
 46.20  mailing address is different from the actual location of the 
 46.21  place, secondary address also includes the physical location of 
 46.22  the place described with as much specificity as possible. 
 46.23     (j) "Treatment facility" means a residential facility, as 
 46.24  defined in section 244.052, subdivision 1, and residential 
 46.25  chemical dependency treatment programs and halfway houses 
 46.26  licensed under chapter 245A, including, but not limited to, 
 46.27  those facilities directly or indirectly assisted by any 
 46.28  department or agency of the United States. 
 46.29     (k) "Work" includes employment that is full time or part 
 46.30  time for a period of time exceeding 14 days or for an aggregate 
 46.31  period of time exceeding 30 days during any calendar year, 
 46.32  whether financially compensated, volunteered, or for the purpose 
 46.33  of government or educational benefit. 
 46.34     Subd. 1b.  [REGISTRATION REQUIRED.] (a) A person shall 
 46.35  register under this section if: 
 46.36     (1) the person was charged with or petitioned for a felony 
 47.1   violation of or attempt to violate, or aiding, abetting, or 
 47.2   conspiracy to commit, any of the following, and convicted of or 
 47.3   adjudicated delinquent for that offense or another offense 
 47.4   arising out of the same set of circumstances: 
 47.5      (i) murder under section 609.185, clause (2); 
 47.6      (ii) kidnapping under section 609.25; 
 47.7      (iii) criminal sexual conduct under section 609.342; 
 47.8   609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
 47.9      (iv) indecent exposure under section 617.23, subdivision 3; 
 47.10     (2) the person was charged with or petitioned for false 
 47.11  imprisonment in violation of section 609.255, subdivision 2; 
 47.12  soliciting a minor to engage in prostitution in violation of 
 47.13  section 609.322 or 609.324; soliciting a minor to engage in 
 47.14  sexual conduct in violation of section 609.352; using a minor in 
 47.15  a sexual performance in violation of section 617.246; or 
 47.16  possessing pornographic work involving a minor in violation of 
 47.17  section 617.247, and convicted of or adjudicated delinquent for 
 47.18  that offense or another offense arising out of the same set of 
 47.19  circumstances; 
 47.20     (3) the person was sentenced as a patterned sex offender 
 47.21  under section 609.108; or 
 47.22     (4) the person was convicted of or adjudicated delinquent 
 47.23  for, including pursuant to a court martial, violating a law of 
 47.24  the United States, including the Uniform Code of Military 
 47.25  Justice, similar to the offenses described in clause (1), (2), 
 47.26  or (3). 
 47.27     (b) A person also shall register under this section if: 
 47.28     (1) the person was convicted of or adjudicated delinquent 
 47.29  in another state for an offense that would be a violation of a 
 47.30  law described in paragraph (a) if committed in this state; 
 47.31     (2) the person enters this state to reside, work, or attend 
 47.32  school, or enters this state and remains for 14 days or longer; 
 47.33  and 
 47.34     (3) ten years have not elapsed since the person was 
 47.35  released from confinement or, if the person was not confined, 
 47.36  since the person was convicted of or adjudicated delinquent for 
 48.1   the offense that triggers registration, unless the person is 
 48.2   subject to lifetime registration, in which case the person shall 
 48.3   register for life regardless of when the person was released 
 48.4   from confinement, convicted, or adjudicated delinquent. 
 48.5      (c) A person also shall register under this section if the 
 48.6   person was committed pursuant to a court commitment order under 
 48.7   section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
 48.8   a similar law of another state or the United States, regardless 
 48.9   of whether the person was convicted of any offense. 
 48.10     (d) A person also shall register under this section if: 
 48.11     (1) the person was charged with or petitioned for a felony 
 48.12  violation or attempt to violate any of the offenses listed in 
 48.13  paragraph (a), clause (1), or a similar law of another state or 
 48.14  the United States, or the person was charged with or petitioned 
 48.15  for a violation of any of the offenses listed in paragraph (a), 
 48.16  clause (2), or a similar law of another state or the United 
 48.17  States; 
 48.18     (2) the person was found not guilty by reason of mental 
 48.19  illness or mental deficiency after a trial for that offense, or 
 48.20  found guilty but mentally ill after a trial for that offense, in 
 48.21  states with a guilty but mentally ill verdict; and 
 48.22     (3) the person was committed pursuant to a court commitment 
 48.23  order under section 253B.18 or a similar law of another state or 
 48.24  the United States. 
 48.25     Subd. 2.  [NOTICE.] When a person who is required to 
 48.26  register under subdivision 1 1b, paragraph (a), is sentenced or 
 48.27  becomes subject to a juvenile court disposition order, the court 
 48.28  shall tell the person of the duty to register under this section 
 48.29  and that, if the person fails to comply with the registration 
 48.30  requirements, information about the offender may be made 
 48.31  available to the public through electronic, computerized, or 
 48.32  other accessible means.  The court may not modify the person's 
 48.33  duty to register in the pronounced sentence or disposition 
 48.34  order.  The court shall require the person to read and sign a 
 48.35  form stating that the duty of the person to register under this 
 48.36  section has been explained.  The court shall forward the signed 
 49.1   sex offender registration form, the complaint, and sentencing 
 49.2   documents to the bureau of Criminal Apprehension.  If a person 
 49.3   required to register under subdivision 1 1b, paragraph (a), was 
 49.4   not notified by the court of the registration requirement at the 
 49.5   time of sentencing or disposition, the assigned corrections 
 49.6   agent shall notify the person of the requirements of this 
 49.7   section.  When a person who is required to register under 
 49.8   subdivision 1 1b, paragraph (c) or (d), is released from 
 49.9   commitment, the treatment facility shall notify the person of 
 49.10  the requirements of this section.  The treatment facility shall 
 49.11  also obtain the registration information required under this 
 49.12  section and forward it to the bureau of Criminal Apprehension. 
 49.13     Subd. 3.  [REGISTRATION PROCEDURE.] (a) Except as provided 
 49.14  in subdivision 3a, a person required to register under this 
 49.15  section shall register with the corrections agent as soon as the 
 49.16  agent is assigned to the person.  If the person does not have an 
 49.17  assigned corrections agent or is unable to locate the assigned 
 49.18  corrections agent, the person shall register with the law 
 49.19  enforcement agency authority that has jurisdiction in the area 
 49.20  of the person's residence primary address. 
 49.21     (b) Except as provided in subdivision 3a, at least five 
 49.22  days before the person starts living at a new primary address, 
 49.23  including living in another state, the person shall give written 
 49.24  notice of the new primary living address to the assigned 
 49.25  corrections agent or to the law enforcement authority with which 
 49.26  the person currently is registered.  If the person will be 
 49.27  living in a new state and that state has a registration 
 49.28  requirement, the person shall also give written notice of the 
 49.29  new address to the designated registration agency in the new 
 49.30  state.  A person required to register under this section shall 
 49.31  also give written notice to the assigned corrections agent or to 
 49.32  the law enforcement authority that has jurisdiction in the area 
 49.33  of the person's residence primary address that the person is no 
 49.34  longer living or staying at an address, immediately after the 
 49.35  person is no longer living or staying at that address.  The 
 49.36  corrections agent or law enforcement authority shall, within two 
 50.1   business days after receipt of this information, forward it to 
 50.2   the bureau of Criminal Apprehension.  The bureau of Criminal 
 50.3   Apprehension shall, if it has not already been done, notify the 
 50.4   law enforcement authority having primary jurisdiction in the 
 50.5   community where the person will live of the new address.  If the 
 50.6   person is leaving the state, the bureau of Criminal Apprehension 
 50.7   shall notify the registration authority in the new state of the 
 50.8   new address.  If the person's obligation to register arose under 
 50.9   subdivision 1, paragraph (b), The person's registration 
 50.10  requirements under this section terminate when after the person 
 50.11  begins living in the new state and the bureau has confirmed the 
 50.12  address in the other state through the annual verification 
 50.13  process on at least one occasion. 
 50.14     (c) A person required to register under subdivision 1 1b, 
 50.15  paragraph (b), because the person is working or attending school 
 50.16  in Minnesota shall register with the law enforcement 
 50.17  agency authority that has jurisdiction in the area where the 
 50.18  person works or attends school.  In addition to other 
 50.19  information required by this section, the person shall provide 
 50.20  the address of the school or of the location where the person is 
 50.21  employed.  A person must shall comply with this paragraph within 
 50.22  five days of beginning employment or school.  A person's 
 50.23  obligation to register under this paragraph terminates when the 
 50.24  person is no longer working or attending school in Minnesota. 
 50.25     (d) A person required to register under this section who 
 50.26  works or attends school outside of Minnesota shall register as a 
 50.27  predatory offender in the state where the person works or 
 50.28  attends school.  The person's corrections agent, or if the 
 50.29  person does not have an assigned corrections agent, the law 
 50.30  enforcement authority that has jurisdiction in the area of the 
 50.31  person's residence primary address shall notify the person of 
 50.32  this requirement.  
 50.33     Subd. 3a.  [REGISTRATION PROCEDURE WHEN PERSON LACKS 
 50.34  PRIMARY ADDRESS.] (a) If a person leaves a primary address and 
 50.35  does not have a new primary address, the person shall register 
 50.36  with the law enforcement authority that has jurisdiction in the 
 51.1   area where the person is staying within 24 hours of the time the 
 51.2   person no longer has a primary address. 
 51.3      (b) A person who lacks a primary address shall register 
 51.4   with the law enforcement authority that has jurisdiction in the 
 51.5   area where the person is staying within 24 hours after entering 
 51.6   the jurisdiction.  Each time a person who lacks a primary 
 51.7   address moves to a new jurisdiction without acquiring a new 
 51.8   primary address, the person shall register with the law 
 51.9   enforcement authority that has jurisdiction in the area where 
 51.10  the person is staying within 24 hours after entering the 
 51.11  jurisdiction. 
 51.12     (c) Upon registering under this subdivision, the person 
 51.13  shall provide the law enforcement authority with all of the 
 51.14  information the individual is required to provide under 
 51.15  subdivision 4a.  However, instead of reporting the person's 
 51.16  primary address, the person shall describe the location of where 
 51.17  the person is staying with as much specificity as possible. 
 51.18     (d) Except as otherwise provided in paragraph (e), if a 
 51.19  person continues to lack a primary address, the person shall 
 51.20  report in person on a weekly basis to the law enforcement 
 51.21  authority with jurisdiction in the area where the person is 
 51.22  staying.  This weekly report shall occur between the hours of 
 51.23  9:00 a.m. and 5:00 p.m.  The person is not required to provide 
 51.24  the registration information required under subdivision 4a each 
 51.25  time the offender reports to an authority, but the person shall 
 51.26  inform the authority of changes to any information provided 
 51.27  under this subdivision or subdivision 4a and shall otherwise 
 51.28  comply with this subdivision. 
 51.29     (e) If the law enforcement authority determines that it is 
 51.30  impractical, due to the person's unique circumstances, to 
 51.31  require a person lacking a primary address to report weekly and 
 51.32  in person as required under paragraph (d), the authority may 
 51.33  authorize the person to follow an alternative reporting 
 51.34  procedure.  The authority shall consult with the person's 
 51.35  corrections agent, if the person has one, in establishing the 
 51.36  specific criteria of this alternative procedure, subject to the 
 52.1   following requirements:  
 52.2      (1) the authority shall document, in the person's 
 52.3   registration record, the specific reasons why the weekly 
 52.4   in-person reporting process is impractical for the person to 
 52.5   follow; 
 52.6      (2) the authority shall explain how the alternative 
 52.7   reporting procedure furthers the public safety objectives of 
 52.8   this section; 
 52.9      (3) the authority shall require the person lacking a 
 52.10  primary address to report in person at least monthly to the 
 52.11  authority or the person's corrections agent and shall specify 
 52.12  the location where the person shall report.  If the authority 
 52.13  determines it would be more practical and would further public 
 52.14  safety for the person to report to another law enforcement 
 52.15  authority with jurisdiction where the person is staying, it may, 
 52.16  after consulting with the other law enforcement authority, 
 52.17  include this requirement in the person's alternative reporting 
 52.18  process; 
 52.19     (4) the authority shall require the person to comply with 
 52.20  the weekly, in-person reporting process required under paragraph 
 52.21  (d), if the person moves to a new area where this process would 
 52.22  be practical; 
 52.23     (5) the authority shall require the person to report any 
 52.24  changes to the registration information provided under 
 52.25  subdivision 4a and to comply with the periodic registration 
 52.26  requirements specified under paragraph (f); and 
 52.27     (6) the authority shall require the person to comply with 
 52.28  the requirements of subdivision 3, paragraphs (b) and (c), if 
 52.29  the person moves to a primary address.  
 52.30     (f) If a person continues to lack a primary address and 
 52.31  continues to report to the same law enforcement authority, the 
 52.32  person shall provide the authority with all of the information 
 52.33  the individual is required to provide under this subdivision and 
 52.34  subdivision 4a at least annually, unless the person is required 
 52.35  to register under subdivision 1b, paragraph (c), following 
 52.36  commitment pursuant to a court commitment under section 253B.185 
 53.1   or a similar law of another state or the United States.  If the 
 53.2   person is required to register under subdivision 1b, paragraph 
 53.3   (c), the person shall provide the law enforcement authority with 
 53.4   all of the information the individual is required to report 
 53.5   under this subdivision and subdivision 4a at least once every 
 53.6   three months. 
 53.7      (g) A law enforcement authority receiving information under 
 53.8   this subdivision shall forward registration information and 
 53.9   changes to that information to the bureau within two business 
 53.10  days of receipt of the information. 
 53.11     (h) For purposes of this subdivision, a person who fails to 
 53.12  report a primary address will be deemed to be a person who lacks 
 53.13  a primary address, and the person shall comply with the 
 53.14  requirements for a person who lacks a primary address. 
 53.15     Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
 53.16  provided to the corrections agent or law enforcement authority, 
 53.17  must consist of a statement in writing signed by the person, 
 53.18  giving information required by the bureau of Criminal 
 53.19  Apprehension, a fingerprint card, and photograph of the person 
 53.20  taken at the time of the person's release from incarceration or, 
 53.21  if the person was not incarcerated, at the time the person 
 53.22  initially registered under this section.  The registration 
 53.23  information also must include a written consent form signed by 
 53.24  the person allowing a treatment facility or residential housing 
 53.25  unit or shelter to release information to a law enforcement 
 53.26  officer about the person's admission to, or residence in, a 
 53.27  treatment facility or residential housing unit or shelter.  
 53.28  Registration information on adults and juveniles may be 
 53.29  maintained together notwithstanding section 260B.171, 
 53.30  subdivision 3.  
 53.31     (b) For persons required to register under subdivision 1 
 53.32  1b, paragraph (c), following commitment pursuant to a court 
 53.33  commitment under section 253B.185 or a similar law of another 
 53.34  state or the United States, in addition to other information 
 53.35  required by this section, the registration provided to the 
 53.36  corrections agent or law enforcement authority must include the 
 54.1   person's offense history and documentation of treatment received 
 54.2   during the person's commitment.  This documentation shall be is 
 54.3   limited to a statement of how far the person progressed in 
 54.4   treatment during commitment. 
 54.5      (c) Within three days of receipt, the corrections agent or 
 54.6   law enforcement authority shall forward the registration 
 54.7   information to the bureau of Criminal Apprehension.  The bureau 
 54.8   shall ascertain whether the person has registered with the law 
 54.9   enforcement authority where the person resides in the area of 
 54.10  the person's primary address, if any, or if the person lacks a 
 54.11  primary address, where the person is staying, as required by 
 54.12  subdivision 3a.  If the person has not registered with the law 
 54.13  enforcement authority, the bureau shall send one copy to that 
 54.14  authority.  
 54.15     (d) The corrections agent or law enforcement authority may 
 54.16  require that a person required to register under this section 
 54.17  appear before the agent or authority to be photographed.  The 
 54.18  agent or authority shall forward the photograph to the bureau of 
 54.19  Criminal Apprehension. 
 54.20     (e) During the period a person is required to register 
 54.21  under this section, the following shall provisions apply: 
 54.22     (1) Except for persons registering under subdivision 3a, 
 54.23  the bureau of Criminal Apprehension shall mail a verification 
 54.24  form to the last reported address of the person's residence last 
 54.25  reported primary address.  This verification form shall must 
 54.26  provide notice to the offender that, if the offender does not 
 54.27  return the verification form as required, information about the 
 54.28  offender may be made available to the public through electronic, 
 54.29  computerized, or other accessible means.  For persons who are 
 54.30  registered under subdivision 3a, the bureau shall mail an annual 
 54.31  verification form to the law enforcement authority where the 
 54.32  offender most recently reported.  The authority shall provide 
 54.33  the verification form to the person at the next weekly meeting 
 54.34  and ensure that the person completes and signs the form and 
 54.35  returns it to the bureau.  
 54.36     (2) The person shall mail the signed verification form back 
 55.1   to the bureau of Criminal Apprehension within ten days after 
 55.2   receipt of the form, stating on the form the current and last 
 55.3   address of the person's residence and the other information 
 55.4   required under subdivision 4a. 
 55.5      (3) In addition to the requirements listed in this section, 
 55.6   a person who is assigned to risk level II or risk level III 
 55.7   under section 244.052, and who is no longer under correctional 
 55.8   supervision for a registration offense, or a failure to register 
 55.9   offense, but who resides, works, or attends school in Minnesota, 
 55.10  shall have an annual in-person contact with a law enforcement 
 55.11  authority as provided in this section.  If the person resides in 
 55.12  Minnesota, the annual in-person contact shall be with the law 
 55.13  enforcement authority that has jurisdiction over the person's 
 55.14  primary address or, if the person has no address, the location 
 55.15  where the person is staying.  If the person does not reside in 
 55.16  Minnesota, but works or attends school in this state, the person 
 55.17  shall have an annual in-person contact with the law enforcement 
 55.18  authority, or authorities, with jurisdiction over the person's 
 55.19  school or workplace.  During the month of the person's birth 
 55.20  date, the person shall report to the authority to verify the 
 55.21  accuracy of the registration information and to be 
 55.22  photographed.  Within three days of this contact, the authority 
 55.23  shall enter information as required by the bureau into the 
 55.24  predatory offender registration database and submit an updated 
 55.25  photograph of the person to the bureau's predatory offender 
 55.26  registration unit. 
 55.27     (4) If the person fails to mail the completed and signed 
 55.28  verification form to the bureau of Criminal Apprehension within 
 55.29  ten days after receipt of the form for a registration offense or 
 55.30  a failure to register offense, or if the person fails to report 
 55.31  to the law enforcement authority during the month of the 
 55.32  person's birth date, the person shall be is in violation of this 
 55.33  section. 
 55.34     (5) For any person who fails to mail the completed and 
 55.35  signed verification form to the bureau within ten days after 
 55.36  receipt of the form and who has been determined to be a level 
 56.1   III offender under section 244.052, the bureau shall immediately 
 56.2   investigate and notify local law enforcement authorities to 
 56.3   investigate the person's location and to ensure compliance with 
 56.4   this section.  The bureau also shall immediately give notice of 
 56.5   the person's violation of this section to the law enforcement 
 56.6   authority having jurisdiction over the person's last registered 
 56.7   address or addresses.  
 56.8   For persons required to register under subdivision 1 1b, 
 56.9   paragraph (c), following commitment pursuant to a court 
 56.10  commitment under section 253B.185 or a similar law of another 
 56.11  state or the United States, the bureau shall comply with clause 
 56.12  (1) at least four times each year.  For persons who, under 
 56.13  section 244.052, are assigned to risk level III and who are no 
 56.14  longer under correctional supervision, the bureau shall comply 
 56.15  with clause (1) at least two times each year.  For all other 
 56.16  persons required to register under this section, the bureau 
 56.17  shall comply with clause (1) each year within 30 days of the 
 56.18  anniversary date of the person's initial registration. 
 56.19     (f) When sending out a verification form, the bureau of 
 56.20  Criminal Apprehension must shall determine whether the person to 
 56.21  whom the verification form is being sent has signed a written 
 56.22  consent form as provided for in paragraph (a).  If the person 
 56.23  has not signed such a consent form, the bureau of Criminal 
 56.24  Apprehension must shall send a written consent form to the 
 56.25  person along with the verification form.  A person who receives 
 56.26  this written consent form must shall sign and return it to the 
 56.27  bureau of Criminal Apprehension at the same time as the 
 56.28  verification form. 
 56.29     (g) For the purposes of this subdivision, "treatment 
 56.30  facility" means a residential facility, as defined in section 
 56.31  244.052, subdivision 1, and residential chemical dependency 
 56.32  treatment programs and halfway houses licensed under chapter 
 56.33  245A, including, but not limited to, those facilities directly 
 56.34  or indirectly assisted by any department or agency of the United 
 56.35  States. 
 56.36     Subd. 4a.  [INFORMATION REQUIRED TO BE PROVIDED.] (a) As 
 57.1   used in this section: 
 57.2      (1) "motor vehicle" has the meaning given "vehicle" in 
 57.3   section 169.01, subdivision 2; 
 57.4      (2) "primary residence" means any place where the person 
 57.5   resides longer than 14 days or that is deemed a primary 
 57.6   residence by a person's corrections agent, if one is assigned to 
 57.7   the person; and 
 57.8      (3) "secondary residence" means any place where the person 
 57.9   regularly stays overnight when not staying at the person's 
 57.10  primary residence, and includes, but is not limited to: 
 57.11     (i) the person's parent's home if the person is a student 
 57.12  and stays at the home at times when the person is not staying at 
 57.13  school, including during the summer; and 
 57.14     (ii) the home of someone with whom the person has a minor 
 57.15  child in common where the child's custody is shared.  
 57.16     (b) A person required to register under this section shall 
 57.17  provide to the corrections agent or law enforcement authority 
 57.18  the following information: 
 57.19     (1) the address of the person's primary residence address; 
 57.20     (2) the addresses of all of the person's secondary 
 57.21  residences addresses in Minnesota, including all addresses used 
 57.22  for residential or recreational purposes; 
 57.23     (3) the addresses of all Minnesota property owned, leased, 
 57.24  or rented by the person; 
 57.25     (4) the addresses of all locations where the person is 
 57.26  employed; 
 57.27     (5) the addresses of all residences schools where the 
 57.28  person resides while attending school is enrolled; and 
 57.29     (6) the year, model, make, license plate number, and color 
 57.30  of all motor vehicles owned or regularly driven by the person.  
 57.31     (c) (b) The person shall report to the agent or authority 
 57.32  the information required to be provided under paragraph (b) (a), 
 57.33  clauses (2) to (6), within five days of the date the clause 
 57.34  becomes applicable.  If because of a change in circumstances any 
 57.35  information reported under paragraph (b) (a), clauses (1) to 
 57.36  (6), no longer applies, the person shall immediately inform the 
 58.1   agent or authority that the information is no longer valid.  If 
 58.2   the person leaves a primary address and does not have a new 
 58.3   primary address, the person shall register as provided in 
 58.4   subdivision 3a. 
 58.5      Subd. 4b.  [HEALTH CARE FACILITY; NOTICE OF STATUS.] (a) 
 58.6   Upon admittance to a health care facility for in-patient 
 58.7   treatment, a person required to register under this section 
 58.8   shall disclose to: 
 58.9      (1) the health care facility employee processing the 
 58.10  admission, the person's status as a registered sex offender 
 58.11  under this section; 
 58.12     (2) the person's supervision agent, if the person is under 
 58.13  supervision at the time of admission, that inpatient admission 
 58.14  has occurred; and 
 58.15     (3) the law enforcement authority with whom the person 
 58.16  registers, if the person is subject to registration under this 
 58.17  section, that in patient admission has occurred. 
 58.18     (b) "Health care facility" means a hospital or other entity 
 58.19  licensed under sections 144.50 to 144.58, a nursing home 
 58.20  licensed to serve adults under section 144A.02, or a group 
 58.21  residential housing facility or an intermediate care facility 
 58.22  for the mentally retarded licensed under chapter 245A. 
 58.23     (c) A person required to inform persons or entities under 
 58.24  paragraph (a), clauses (1) to (3), of the person's status as a 
 58.25  registered sex offender, who knowingly fails to provide this 
 58.26  information to the persons or entities, is guilty of a felony 
 58.27  and may be sentenced to imprisonment for not more than five 
 58.28  years or to payment of a fine of not more than $10,000, or both. 
 58.29     (d) A person who fails to disclose the person's status as a 
 58.30  registered sex offender as required by paragraph (a) and is 
 58.31  subject to transfer or discharge and the health care facility 
 58.32  initiates transfer or discharge within 30 days of the discovery 
 58.33  that the person failed to disclose his or her status as a 
 58.34  registered sex offender, the person may not rely on the transfer 
 58.35  and discharge appeal procedure described in section 144A.135. 
 58.36     Subd. 4c.  [HEALTH CARE FACILITY; LAW ENFORCEMENT 
 59.1   NOTIFICATION DUTY.] A law enforcement authority or corrections 
 59.2   agent shall notify the administrator of a health care facility, 
 59.3   as defined in subdivision 4b, as soon as it comes to the 
 59.4   attention of the authority or agent that a person required to 
 59.5   register under this section has been admitted and is receiving 
 59.6   health care at the facility. 
 59.7      Subd. 5.  [CRIMINAL PENALTY.] (a) A person required to 
 59.8   register under this section who knowingly violates any of its 
 59.9   provisions or intentionally provides false information to a 
 59.10  corrections agent, law enforcement authority, or the bureau of 
 59.11  Criminal Apprehension is guilty of a felony and may be sentenced 
 59.12  to imprisonment for not more than five years or to payment of a 
 59.13  fine of not more than $10,000, or both. 
 59.14     (b) Except as provided in paragraph (c), a person convicted 
 59.15  of violating paragraph (a) shall be committed to the custody of 
 59.16  the commissioner of corrections for not less than a year and a 
 59.17  day, nor more than five years. 
 59.18     (c) A person convicted of violating paragraph (a), who has 
 59.19  previously been convicted of or adjudicated delinquent for 
 59.20  violating this section, shall be committed to the custody of the 
 59.21  commissioner of corrections for not less than two years, nor 
 59.22  more than five years. 
 59.23     (d) Prior to the time of sentencing, the prosecutor may 
 59.24  file a motion to have the person sentenced without regard to the 
 59.25  mandatory minimum sentence established by this subdivision.  The 
 59.26  motion shall must be accompanied by a statement on the record of 
 59.27  the reasons for it.  When presented with the motion, or on its 
 59.28  own motion, the court may sentence the person without regard to 
 59.29  the mandatory minimum sentence if the court finds substantial 
 59.30  and compelling reasons to do so.  Sentencing a person in the 
 59.31  manner described in this paragraph is a departure from the 
 59.32  Sentencing Guidelines. 
 59.33     (e) A person convicted and sentenced as required by this 
 59.34  subdivision is not eligible for probation, parole, discharge, 
 59.35  work release, conditional release, or supervised release, until 
 59.36  that person has served the full term of imprisonment as provided 
 60.1   by law, notwithstanding the provisions of sections 241.26, 
 60.2   242.19, 243.05, 244.04, 609.12, and 609.135. 
 60.3      Subd. 5a.  [CONDITIONAL RELEASE.] (a) Notwithstanding the 
 60.4   statutory maximum sentence otherwise applicable to the offense 
 60.5   or any provision of the sentencing guidelines, when a court 
 60.6   convicts a person who is a level III sex offender under section 
 60.7   244.052, subdivision 3, paragraph (e), for a violation of 
 60.8   subdivision 5, the court shall provide that after the person has 
 60.9   completed the sentence imposed, the commissioner of corrections 
 60.10  shall place the person on conditional release for the remainder 
 60.11  of the person's life. 
 60.12     (b) The conditions of release may include satisfaction of 
 60.13  the release conditions specified in section 244.05, subdivision 
 60.14  6, and any other conditions the commissioner considers 
 60.15  appropriate.  If the offender fails to meet any condition of 
 60.16  release, the commissioner may revoke the offender's conditional 
 60.17  release and order that the offender serve the remaining portion 
 60.18  of the conditional release term in prison. 
 60.19     Conditional release under this subdivision is governed by 
 60.20  provisions relating to supervised release, except as otherwise 
 60.21  provided in this subdivision or section 244.05. 
 60.22     Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
 60.23  provisions of section 609.165, subdivision 1, and except as 
 60.24  provided in paragraphs (b), (c), and (d), a person required to 
 60.25  register under this section shall continue to comply with this 
 60.26  section until ten years have elapsed since the person initially 
 60.27  registered in connection with the offense, or until the 
 60.28  probation, supervised release, or conditional release period 
 60.29  expires, whichever occurs later.  For a person required to 
 60.30  register under this section who is committed under section 
 60.31  253B.18 or 253B.185, the ten-year registration period does not 
 60.32  include the period of commitment. 
 60.33     (b) If a person required to register under this section 
 60.34  fails to register following a change in residence provide the 
 60.35  person's primary address as required by subdivision 3, paragraph 
 60.36  (b), fails to comply with the requirements of subdivision 3a, 
 61.1   fails to provide information as required by subdivision 4a, or 
 61.2   fails to return the verification form referenced in subdivision 
 61.3   4 within ten days, the commissioner of public safety may require 
 61.4   the person to continue to register for an additional period of 
 61.5   five years.  This five-year period is added to the end of the 
 61.6   offender's registration period.  
 61.7      (c) If a person required to register under this section is 
 61.8   subsequently incarcerated following a conviction for a new 
 61.9   offense or following a revocation of probation, supervised 
 61.10  release, or conditional release for that any offense, or a 
 61.11  conviction for any new offense, the person shall continue to 
 61.12  register until ten years have elapsed since the person was last 
 61.13  released from incarceration or until the person's probation, 
 61.14  supervised release, or conditional release period expires, 
 61.15  whichever occurs later. 
 61.16     (d) A person shall continue to comply with this section for 
 61.17  the life of that person:  
 61.18     (1) if the person is convicted of or adjudicated delinquent 
 61.19  for any offense for which registration is required under 
 61.20  subdivision 1 1b, or any offense from another state or any 
 61.21  federal offense similar to the offenses described in subdivision 
 61.22  1 1b, and the person has a prior conviction or adjudication for 
 61.23  an offense for which registration was or would have been 
 61.24  required under subdivision 1 1b, or an offense from another 
 61.25  state or a federal offense similar to an offense described in 
 61.26  subdivision 1 1b; 
 61.27     (2) if the person is required to register based upon a 
 61.28  conviction or delinquency adjudication for an offense under 
 61.29  section 609.185, clause (2), or a similar statute from another 
 61.30  state or the United States; 
 61.31     (3) if the person is required to register based upon a 
 61.32  conviction for an offense under section 609.342, subdivision 1, 
 61.33  paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 
 61.34  1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, 
 61.35  subdivision 1, paragraph (a), (c), or (g); or 609.345, 
 61.36  subdivision 1, paragraph (a), (c), or (g); or a statute from 
 62.1   another state or the United States similar to the offenses 
 62.2   described in this clause; or 
 62.3      (4) if the person is required to register under subdivision 
 62.4   1 1b, paragraph (c), following commitment pursuant to a court 
 62.5   commitment under section 253B.185 or a similar law of another 
 62.6   state or the United States. 
 62.7      Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
 62.8   provided in subdivision 7a or sections 244.052 and 299C.093, the 
 62.9   information provided under this section is private data on 
 62.10  individuals under section 13.02, subdivision 12.  The 
 62.11  information may be used only for law enforcement purposes.  
 62.12     Subd. 7a.  [AVAILABILITY OF INFORMATION ON OFFENDERS WHO 
 62.13  ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The bureau of 
 62.14  Criminal Apprehension may make information available to the 
 62.15  public about offenders who are 16 years of age or older and who 
 62.16  are out of compliance with this section for 30 days or longer 
 62.17  for failure to provide the address of the offenders' primary or 
 62.18  secondary residences addresses.  This information may be made 
 62.19  available to the public through electronic, computerized, or 
 62.20  other accessible means.  The amount and type of information made 
 62.21  available shall be is limited to the information necessary for 
 62.22  the public to assist law enforcement in locating the offender. 
 62.23     (b) An offender who comes into compliance with this section 
 62.24  after the bureau of Criminal Apprehension discloses information 
 62.25  about the offender to the public may send a written request to 
 62.26  the bureau requesting the bureau to treat information about the 
 62.27  offender as private data, consistent with subdivision 7.  The 
 62.28  bureau shall review the request and promptly take reasonable 
 62.29  action to treat the data as private, if the offender has 
 62.30  complied with the requirement that the offender provide the 
 62.31  addresses of the offender's primary and secondary residences 
 62.32  addresses, or promptly notify the offender that the information 
 62.33  will continue to be treated as public information and the 
 62.34  reasons for the bureau's decision. 
 62.35     (c) If an offender believes the information made public 
 62.36  about the offender is inaccurate or incomplete, the offender may 
 63.1   challenge the data under section 13.04, subdivision 4. 
 63.2      (d) The bureau of Criminal Apprehension is immune from any 
 63.3   civil or criminal liability that might otherwise arise, based on 
 63.4   the accuracy or completeness of any information made public 
 63.5   under this subdivision, if the bureau acts in good faith. 
 63.6      Subd. 8.  [LAW ENFORCEMENT AUTHORITY.] For purposes of this 
 63.7   section, a law enforcement authority means, with respect to a 
 63.8   home rule charter or statutory city, the chief of police, and 
 63.9   with respect to an unincorporated area, the sheriff of the 
 63.10  county. 
 63.11     Subd. 9.  [OFFENDERS FROM OTHER STATES.] (a) When the state 
 63.12  accepts an offender from another state under a reciprocal 
 63.13  agreement under the interstate compact authorized by section 
 63.14  243.16, the interstate compact authorized by section 243.1605, 
 63.15  or under any authorized interstate agreement, the acceptance is 
 63.16  conditional on the offender agreeing to register under this 
 63.17  section when the offender is living in Minnesota. 
 63.18     (b) The Bureau of Criminal Apprehension shall notify the 
 63.19  commissioner of corrections: 
 63.20     (1) when the bureau receives notice from a local law 
 63.21  enforcement authority that a person from another state who is 
 63.22  subject to this section has registered with the authority, 
 63.23  unless the bureau previously received information about the 
 63.24  offender from the commissioner of corrections; 
 63.25     (2) when a registration authority, corrections agent, or 
 63.26  law enforcement agency in another state notifies the bureau that 
 63.27  a person from another state who is subject to this section is 
 63.28  moving to Minnesota; and 
 63.29     (3) when the bureau learns that a person from another state 
 63.30  is in Minnesota and allegedly in violation of subdivision 5 for 
 63.31  failure to register. 
 63.32     (c) When a local law enforcement agency notifies the bureau 
 63.33  of an out-of-state offender's registration, the agency shall 
 63.34  provide the bureau with information on whether the person is 
 63.35  subject to community notification in another state and the risk 
 63.36  level the person was assigned, if any.  
 64.1      (d) The bureau must forward all information it receives 
 64.2   regarding offenders covered under this subdivision from sources 
 64.3   other than the commissioner of corrections to the commissioner. 
 64.4      (e) When the bureau receives information directly from a 
 64.5   registration authority, corrections agent, or law enforcement 
 64.6   agency in another state that a person who may be subject to this 
 64.7   section is moving to Minnesota, the bureau must ask whether the 
 64.8   person entering the state is subject to community notification 
 64.9   in another state and the risk level the person has been 
 64.10  assigned, if any.  
 64.11     (f) When the bureau learns that a person subject to this 
 64.12  section intends to move into Minnesota from another state or has 
 64.13  moved into Minnesota from another state, the bureau shall notify 
 64.14  the law enforcement authority with jurisdiction in the area of 
 64.15  the person's primary address and provide all information 
 64.16  concerning the person that is available to the bureau. 
 64.17     (g) The commissioner of corrections must determine the 
 64.18  parole, supervised release, or conditional release status of 
 64.19  persons who are referred to the commissioner under this 
 64.20  subdivision.  If the commissioner determines that a person is 
 64.21  subject to parole, supervised release, or conditional release in 
 64.22  another state and is not registered in Minnesota under the 
 64.23  applicable interstate compact, the commissioner shall inform the 
 64.24  local law enforcement agency that the person is in violation of 
 64.25  section 243.161.  If the person is not subject to supervised 
 64.26  release, the commissioner shall notify the bureau and the local 
 64.27  law enforcement agency of the person's status. 
 64.28     Subd. 10.  [VENUE; AGGREGATION.] (a) A violation of this 
 64.29  section may be prosecuted in any jurisdiction where an offense 
 64.30  takes place.  However, the prosecutorial agency in the 
 64.31  jurisdiction where the person last registered a primary address 
 64.32  is initially responsible to review the case for prosecution.  
 64.33     (b) When a person commits two or more offenses in two or 
 64.34  more counties, the accused may be prosecuted for all of the 
 64.35  offenses in any county in which one of the offenses was 
 64.36  committed. 
 65.1      Subd. 11.  [CERTIFIED COPIES AS EVIDENCE.] Certified copies 
 65.2   of predatory offender registration records are admissible as 
 65.3   substantive evidence when necessary to prove the commission of a 
 65.4   violation of this section.  
 65.5      [EFFECTIVE DATE.] The provisions of this section, except 
 65.6   for subdivision 5a, are effective the day following final 
 65.7   enactment, and apply to persons subject to predatory offender 
 65.8   registration on or after that date, except for subdivision 9, 
 65.9   which is effective July 1, 2005, and subdivision 4, paragraph 
 65.10  (e), clause (3), is effective December 1, 2005.  Subdivision 5a 
 65.11  is effective August 1, 2005, and applies to crimes committed on 
 65.12  or after that date. 
 65.13     Sec. 3.  Minnesota Statutes 2004, section 243.167, is 
 65.14  amended to read: 
 65.15     243.167 [REGISTRATION UNDER THE PREDATORY OFFENDER 
 65.16  REGISTRATION LAW FOR OTHER OFFENSES.] 
 65.17     Subdivision 1.  [DEFINITION.] As used in this section, 
 65.18  "crime against the person" means a violation of any of the 
 65.19  following or a similar law of another state or of the United 
 65.20  States:  section 609.165; 609.185; 609.19; 609.195; 609.20; 
 65.21  609.205; 609.221; 609.222; 609.223; 609.2231; 609.224, 
 65.22  subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235; 
 65.23  609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 
 65.24  2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23, 
 65.25  subdivision 2; or any felony-level violation of section 609.229; 
 65.26  609.377; 609.749; or 624.713. 
 65.27     Subd. 2.  [WHEN REQUIRED.] (a) In addition to the 
 65.28  requirements of section 243.166, a person also shall register 
 65.29  under section 243.166 if: 
 65.30     (1) the person is convicted of a crime against the person; 
 65.31  and 
 65.32     (2) the person was previously convicted of or adjudicated 
 65.33  delinquent for an offense listed in section 243.166, subdivision 
 65.34  1, paragraph (a), but was not required to register for the 
 65.35  offense because the registration requirements of that section 
 65.36  did not apply to the person at the time the offense was 
 66.1   committed or at the time the person was released from 
 66.2   imprisonment. 
 66.3      (b) A person who was previously required to register under 
 66.4   section 243.166 in any state and who has completed the 
 66.5   registration requirements of that section state shall again 
 66.6   register under section 243.166 if the person commits a crime 
 66.7   against the person. 
 66.8      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 66.9   and applies to crimes committed on or after that date.  
 66.10     Sec. 4.  Minnesota Statutes 2004, section 244.05, 
 66.11  subdivision 7, is amended to read: 
 66.12     Subd. 7.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 
 66.13  (a) Before the commissioner releases from prison any inmate 
 66.14  convicted under sections 609.342 to 609.345 or sentenced as a 
 66.15  patterned offender under section 609.108, and determined by the 
 66.16  commissioner to be in a high risk category, the commissioner 
 66.17  shall make a preliminary determination whether, in the 
 66.18  commissioner's opinion, a petition under section 253B.185 may be 
 66.19  appropriate.  The commissioner's opinion must be based on a 
 66.20  recommendation of a Department of Corrections screening 
 66.21  committee and a legal review and recommendation from a 
 66.22  representative of the Office of the Attorney General 
 66.23  knowledgeable in the legal requirements of the civil commitment 
 66.24  process. 
 66.25     (b) In making this decision, the commissioner shall have 
 66.26  access to the following data only for the purposes of the 
 66.27  assessment and referral decision: 
 66.28     (1) private medical data under section 13.384 or 144.335, 
 66.29  or welfare data under section 13.46 that relate to medical 
 66.30  treatment of the offender; 
 66.31     (2) private and confidential court services data under 
 66.32  section 13.84; 
 66.33     (3) private and confidential corrections data under section 
 66.34  13.85; and 
 66.35     (4) private criminal history data under section 13.87. 
 66.36     (c) If the commissioner determines that a petition may be 
 67.1   appropriate, the commissioner shall forward this determination, 
 67.2   along with a summary of the reasons for the determination, to 
 67.3   the county attorney in the county where the inmate was convicted 
 67.4   no later than 12 months before the inmate's release date.  If 
 67.5   the inmate is received for incarceration with fewer than 12 
 67.6   months remaining in the inmate's term of imprisonment, or if the 
 67.7   commissioner receives additional information less than 12 months 
 67.8   before release which that makes the inmate's case appropriate 
 67.9   for referral, the commissioner shall forward the determination 
 67.10  as soon as is practicable.  Upon receiving the commissioner's 
 67.11  preliminary determination, the county attorney shall proceed in 
 67.12  the manner provided in section 253B.185.  The commissioner shall 
 67.13  release to the county attorney all requested documentation 
 67.14  maintained by the department. 
 67.15     [EFFECTIVE DATE.] This section is effective the day 
 67.16  following final enactment.  
 67.17     Sec. 5.  Minnesota Statutes 2004, section 244.052, 
 67.18  subdivision 3, is amended to read: 
 67.19     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
 67.20  commissioner of corrections shall establish and administer 
 67.21  end-of-confinement review committees at each state correctional 
 67.22  facility and at each state treatment facility where predatory 
 67.23  offenders are confined.  The committees shall assess on a 
 67.24  case-by-case basis the public risk posed by predatory offenders 
 67.25  who are about to be released from confinement. 
 67.26     (b) Each committee shall be a standing committee and shall 
 67.27  consist of the following members appointed by the commissioner: 
 67.28     (1) the chief executive officer or head of the correctional 
 67.29  or treatment facility where the offender is currently confined, 
 67.30  or that person's designee; 
 67.31     (2) a law enforcement officer; 
 67.32     (3) a treatment professional who is trained in the 
 67.33  assessment of sex offenders; 
 67.34     (4) a caseworker experienced in supervising sex offenders; 
 67.35  and 
 67.36     (5) a victim's services professional. 
 68.1      Members of the committee, other than the facility's chief 
 68.2   executive officer or head, shall be appointed by the 
 68.3   commissioner to two-year terms.  The chief executive officer or 
 68.4   head of the facility or designee shall act as chair of the 
 68.5   committee and shall use the facility's staff, as needed, to 
 68.6   administer the committee, obtain necessary information from 
 68.7   outside sources, and prepare risk assessment reports on 
 68.8   offenders. 
 68.9      (c) The committee shall have access to the following data 
 68.10  on a predatory offender only for the purposes of its assessment 
 68.11  and to defend the committee's risk assessment determination upon 
 68.12  administrative review under this section: 
 68.13     (1) private medical data under section 13.384 or 144.335, 
 68.14  or welfare data under section 13.46 that relate to medical 
 68.15  treatment of the offender; 
 68.16     (2) private and confidential court services data under 
 68.17  section 13.84; 
 68.18     (3) private and confidential corrections data under section 
 68.19  13.85; and 
 68.20     (4) private criminal history data under section 13.87. 
 68.21     Data collected and maintained by the committee under this 
 68.22  paragraph may not be disclosed outside the committee, except as 
 68.23  provided under section 13.05, subdivision 3 or 4.  The predatory 
 68.24  offender has access to data on the offender collected and 
 68.25  maintained by the committee, unless the data are confidential 
 68.26  data received under this paragraph. 
 68.27     (d)(i) Except as otherwise provided in item (ii), at least 
 68.28  90 days before a predatory offender is to be released from 
 68.29  confinement, the commissioner of corrections shall convene the 
 68.30  appropriate end-of-confinement review committee for the purpose 
 68.31  of assessing the risk presented by the offender and determining 
 68.32  the risk level to which the offender shall be assigned under 
 68.33  paragraph (e).  The offender and the law enforcement agency that 
 68.34  was responsible for the charge resulting in confinement shall be 
 68.35  notified of the time and place of the committee's meeting.  The 
 68.36  offender has a right to be present and be heard at the meeting.  
 69.1   The law enforcement agency may provide material in writing that 
 69.2   is relevant to the offender's risk level to the chair of the 
 69.3   committee.  The committee shall use the risk factors described 
 69.4   in paragraph (g) and the risk assessment scale developed under 
 69.5   subdivision 2 to determine the offender's risk assessment score 
 69.6   and risk level.  Offenders scheduled for release from 
 69.7   confinement shall be assessed by the committee established at 
 69.8   the facility from which the offender is to be released.  
 69.9      (ii) If an offender is received for confinement in a 
 69.10  facility with less than 90 days remaining in the offender's term 
 69.11  of confinement, the offender's risk shall be assessed at the 
 69.12  first regularly scheduled end of confinement review committee 
 69.13  that convenes after the appropriate documentation for the risk 
 69.14  assessment is assembled by the committee.  The commissioner 
 69.15  shall make reasonable efforts to ensure that offender's risk is 
 69.16  assessed and a risk level is assigned or reassigned at least 30 
 69.17  days before the offender's release date. 
 69.18     (e) The committee shall assign to risk level I a predatory 
 69.19  offender whose risk assessment score indicates a low risk of 
 69.20  reoffense.  The committee shall assign to risk level II an 
 69.21  offender whose risk assessment score indicates a moderate risk 
 69.22  of reoffense.  The committee shall assign to risk level III an 
 69.23  offender whose risk assessment score indicates a high risk of 
 69.24  reoffense. 
 69.25     (f) Before the predatory offender is released from 
 69.26  confinement, the committee shall prepare a risk assessment 
 69.27  report which specifies the risk level to which the offender has 
 69.28  been assigned and the reasons underlying the committee's risk 
 69.29  assessment decision.  The committee shall give the report to the 
 69.30  offender and to the law enforcement agency at least 60 days 
 69.31  before an offender is released from confinement.  If the risk 
 69.32  assessment is performed under the circumstances described in 
 69.33  paragraph (d), item (ii), the report shall be given to the 
 69.34  offender and the law enforcement agency as soon as it is 
 69.35  available.  The committee also shall inform the offender of the 
 69.36  availability of review under subdivision 6. 
 70.1      (g) As used in this subdivision, "risk factors" includes, 
 70.2   but is not limited to, the following factors: 
 70.3      (1) the seriousness of the offense should the offender 
 70.4   reoffend.  This factor includes consideration of the following:  
 70.5      (i) the degree of likely force or harm; 
 70.6      (ii) the degree of likely physical contact; and 
 70.7      (iii) the age of the likely victim; 
 70.8      (2) the offender's prior offense history.  This factor 
 70.9   includes consideration of the following: 
 70.10     (i) the relationship of prior victims to the offender; 
 70.11     (ii) the number of prior offenses or victims; 
 70.12     (iii) the duration of the offender's prior offense history; 
 70.13     (iv) the length of time since the offender's last prior 
 70.14  offense while the offender was at risk to commit offenses; and 
 70.15     (v) the offender's prior history of other antisocial acts; 
 70.16     (3) the offender's characteristics.  This factor includes 
 70.17  consideration of the following:  
 70.18     (i) the offender's response to prior treatment efforts; and 
 70.19     (ii) the offender's history of substance abuse; 
 70.20     (4) the availability of community supports to the offender. 
 70.21  This factor includes consideration of the following: 
 70.22     (i) the availability and likelihood that the offender will 
 70.23  be involved in therapeutic treatment; 
 70.24     (ii) the availability of residential supports to the 
 70.25  offender, such as a stable and supervised living arrangement in 
 70.26  an appropriate location; 
 70.27     (iii) the offender's familial and social relationships, 
 70.28  including the nature and length of these relationships and the 
 70.29  level of support that the offender may receive from these 
 70.30  persons; and 
 70.31     (iv) the offender's lack of education or employment 
 70.32  stability; 
 70.33     (5) whether the offender has indicated or credible evidence 
 70.34  in the record indicates that the offender will reoffend if 
 70.35  released into the community; and 
 70.36     (6) whether the offender demonstrates a physical condition 
 71.1   that minimizes the risk of reoffense, including but not limited 
 71.2   to, advanced age or a debilitating illness or physical condition.
 71.3      (h) Upon the request of the law enforcement agency or the 
 71.4   offender's corrections agent, the commissioner may reconvene the 
 71.5   end-of-confinement review committee for the purpose of 
 71.6   reassessing the risk level to which an offender has been 
 71.7   assigned under paragraph (e).  In a request for a reassessment, 
 71.8   the law enforcement agency which was responsible for the charge 
 71.9   resulting in confinement or agent shall list the facts and 
 71.10  circumstances arising after the initial assignment or facts and 
 71.11  circumstances known to law enforcement or the agent but not 
 71.12  considered by the committee under paragraph (e) which support 
 71.13  the request for a reassessment.  The request for reassessment by 
 71.14  the law enforcement agency must occur within 30 days of receipt 
 71.15  of the report indicating the offender's risk level assignment.  
 71.16  The offender's corrections agent, in consultation with the chief 
 71.17  law enforcement officer in the area where the offender resides 
 71.18  or intends to reside, may request a review of a risk level at 
 71.19  any time if substantial evidence exists that the offender's risk 
 71.20  level should be reviewed by an end-of-confinement review 
 71.21  committee.  This evidence includes, but is not limited to, 
 71.22  evidence of treatment failures or completions, evidence of 
 71.23  exceptional crime-free community adjustment or lack of 
 71.24  appropriate adjustment, evidence of substantial community need 
 71.25  to know more about the offender or mitigating circumstances that 
 71.26  would narrow the proposed scope of notification, or other 
 71.27  practical situations articulated and based in evidence of the 
 71.28  offender's behavior while under supervision.  Upon review of the 
 71.29  request, the end-of-confinement review committee may reassign an 
 71.30  offender to a different risk level.  If the offender is 
 71.31  reassigned to a higher risk level, the offender has the right to 
 71.32  seek review of the committee's determination under subdivision 6.
 71.33     (i) An offender may request the end-of-confinement review 
 71.34  committee to reassess the offender's assigned risk level after 
 71.35  three years have elapsed since the committee's initial risk 
 71.36  assessment and may renew the request once every two years 
 72.1   following subsequent denials.  In a request for reassessment, 
 72.2   the offender shall list the facts and circumstances which 
 72.3   demonstrate that the offender no longer poses the same degree of 
 72.4   risk to the community.  In order for a request for a risk level 
 72.5   reduction to be granted, the offender must demonstrate full 
 72.6   compliance with supervised release conditions, completion of 
 72.7   required post-release treatment programming, and full compliance 
 72.8   with all registration requirements as detailed in section 
 72.9   243.166.  The offender must also not have been convicted of any 
 72.10  felony, gross misdemeanor, or misdemeanor offenses subsequent to 
 72.11  the assignment of the original risk level.  The committee shall 
 72.12  follow the process outlined in paragraphs (a) to (c) in the 
 72.13  reassessment.  An offender who is incarcerated may not request a 
 72.14  reassessment under this paragraph. 
 72.15     (j) Offenders returned to prison as release violators shall 
 72.16  not have a right to a subsequent risk reassessment by the 
 72.17  end-of-confinement review committee unless substantial evidence 
 72.18  indicates that the offender's risk to the public has increased. 
 72.19     (k) The commissioner shall establish an end-of-confinement 
 72.20  review committee to assign a risk level to offenders who are 
 72.21  released from a federal correctional facility in Minnesota or 
 72.22  another state and who intend to reside in Minnesota, and to 
 72.23  offenders accepted from another state under a reciprocal 
 72.24  agreement for parole supervision under the interstate compact 
 72.25  authorized by section 243.16.  The committee shall make 
 72.26  reasonable efforts to conform to the same timelines as applied 
 72.27  to Minnesota cases.  Offenders accepted from another state under 
 72.28  a reciprocal agreement for probation supervision are not 
 72.29  assigned a risk level, but are considered downward dispositional 
 72.30  departures.  The probation or court services officer and law 
 72.31  enforcement officer shall manage such cases in accordance with 
 72.32  section 244.10, subdivision 2a.  The policies and procedures of 
 72.33  the committee for federal offenders and interstate compact cases 
 72.34  must be in accordance with all requirements as set forth in this 
 72.35  section, unless restrictions caused by the nature of federal or 
 72.36  interstate transfers prevents such conformance. 
 73.1      (l) If the committee assigns a predatory offender to risk 
 73.2   level III, the committee shall determine whether residency 
 73.3   restrictions shall be included in the conditions of the 
 73.4   offender's release based on the offender's pattern of offending 
 73.5   behavior. 
 73.6      [EFFECTIVE DATE.] This section is effective July 1, 2005, 
 73.7   and applies to persons subject to community notification on or 
 73.8   after that date.  
 73.9      Sec. 6.  Minnesota Statutes 2004, section 244.052, is 
 73.10  amended by adding a subdivision to read: 
 73.11     Subd. 3a.  [OFFENDERS FROM OTHER STATES AND OFFENDERS 
 73.12  RELEASED FROM FEDERAL FACILITIES.] (a) Except as provided in 
 73.13  paragraph (b), the commissioner shall establish an 
 73.14  end-of-confinement review committee to assign a risk level: 
 73.15     (1) to offenders who are released from a federal 
 73.16  correctional facility in Minnesota or a federal correctional 
 73.17  facility in another state and who intend to reside in Minnesota; 
 73.18     (2) to offenders who are accepted from another state under 
 73.19  the interstate compact authorized by section 243.16 or 243.1605 
 73.20  or any other authorized interstate agreement; and 
 73.21     (3) to offenders who are referred to the committee by local 
 73.22  law enforcement agencies under paragraph (f).  
 73.23     (b) This subdivision does not require the commissioner to 
 73.24  convene an end-of-confinement review committee for a person 
 73.25  coming into Minnesota who is subject to probation under another 
 73.26  state's law.  The probation or court services officer and law 
 73.27  enforcement officer shall manage such cases in accordance with 
 73.28  section 244.10, subdivision 2a. 
 73.29     (c) The committee shall make reasonable efforts to conform 
 73.30  to the same timelines applied to offenders released from a 
 73.31  Minnesota correctional facility and shall collect all relevant 
 73.32  information and records on offenders assessed and assigned a 
 73.33  risk level under this subdivision.  However, for offenders who 
 73.34  were assigned the most serious risk level by another state, the 
 73.35  committee must act promptly to collect the information required 
 73.36  under this paragraph. 
 74.1      The end-of-confinement review committee must proceed in 
 74.2   accordance with all requirements set forth in this section and 
 74.3   follow all policies and procedures applied to offenders released 
 74.4   from a Minnesota correctional facility in reviewing information 
 74.5   and assessing the risk level of offenders covered by this 
 74.6   subdivision, unless restrictions caused by the nature of federal 
 74.7   or interstate transfers prevent such conformance.  All of the 
 74.8   provisions of this section apply to offenders who are assessed 
 74.9   and assigned a risk level under this subdivision.  
 74.10     (d) If a local law enforcement agency learns or suspects 
 74.11  that a person who is subject to this section is living in 
 74.12  Minnesota and a risk level has not been assigned to the person 
 74.13  under this section, the law enforcement agency shall provide 
 74.14  this information to the Bureau of Criminal Apprehension and the 
 74.15  commissioner of corrections within three business days.  
 74.16     (e) If the commissioner receives reliable information from 
 74.17  a local law enforcement agency or the bureau that a person 
 74.18  subject to this section is living in Minnesota and a local law 
 74.19  enforcement agency so requests, the commissioner must determine 
 74.20  if the person was assigned a risk level under a law comparable 
 74.21  to this section.  If the commissioner determines that the law is 
 74.22  comparable and public safety warrants, the commissioner, within 
 74.23  three business days of receiving a request, shall notify the 
 74.24  local law enforcement agency that it may, in consultation with 
 74.25  the department, proceed with notification under subdivision 4 
 74.26  based on the person's out-of-state risk level.  However, if the 
 74.27  commissioner concludes that the offender is from a state with a 
 74.28  risk level assessment law that is not comparable to this 
 74.29  section, the extent of the notification may not exceed that of a 
 74.30  risk level II offender under subdivision 4, paragraph (b), 
 74.31  unless the requirements of paragraph (f) have been met.  If an 
 74.32  assessment is requested from the end-of-confinement review 
 74.33  committee under paragraph (f), the local law enforcement agency 
 74.34  may continue to disclose information under subdivision 4 until 
 74.35  the committee assigns the person a risk level.  After the 
 74.36  committee assigns a risk level to an offender pursuant to a 
 75.1   request made under paragraph (f), the information disclosed by 
 75.2   law enforcement shall be consistent with the risk level assigned 
 75.3   by the End-of-Confinement Review Committee.  The commissioner of 
 75.4   corrections, in consultation with legal advisers, shall 
 75.5   determine whether the law of another state is comparable to this 
 75.6   section.  
 75.7      (f) If the local law enforcement agency wants to make a 
 75.8   broader disclosure than is authorized under paragraph (e), the 
 75.9   law enforcement agency may request that an End-of-Confinement 
 75.10  Review Committee assign a risk level to the offender.  The local 
 75.11  law enforcement agency shall provide to the committee all 
 75.12  information concerning the offender's criminal history, the risk 
 75.13  the offender poses to the community, and other relevant 
 75.14  information.  The department shall attempt to obtain other 
 75.15  information relevant to determining which risk level to assign 
 75.16  the offender.  The committee shall promptly assign a risk level 
 75.17  to an offender referred to the committee under this paragraph. 
 75.18     [EFFECTIVE DATE.] This section is effective July 1, 2005, 
 75.19  and applies to persons subject to community notification on or 
 75.20  after that date. 
 75.21     Sec. 7.  Minnesota Statutes 2004, section 244.052, 
 75.22  subdivision 4, is amended to read: 
 75.23     Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
 75.24  INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
 75.25  area where the predatory offender resides, expects to reside, is 
 75.26  employed, or is regularly found, shall disclose to the public 
 75.27  any information regarding the offender contained in the report 
 75.28  forwarded to the agency under subdivision 3, paragraph (f), that 
 75.29  is relevant and necessary to protect the public and to 
 75.30  counteract the offender's dangerousness, consistent with the 
 75.31  guidelines in paragraph (b).  The extent of the information 
 75.32  disclosed and the community to whom disclosure is made must 
 75.33  relate to the level of danger posed by the offender, to the 
 75.34  offender's pattern of offending behavior, and to the need of 
 75.35  community members for information to enhance their individual 
 75.36  and collective safety. 
 76.1      (b) The law enforcement agency shall employ the following 
 76.2   guidelines in determining the scope of disclosure made under 
 76.3   this subdivision: 
 76.4      (1) if the offender is assigned to risk level I, the agency 
 76.5   may maintain information regarding the offender within the 
 76.6   agency and may disclose it to other law enforcement agencies.  
 76.7   Additionally, the agency may disclose the information to any 
 76.8   victims of or witnesses to the offense committed by the 
 76.9   offender. The agency shall disclose the information to victims 
 76.10  of the offense committed by the offender who have requested 
 76.11  disclosure and to adult members of the offender's immediate 
 76.12  household; 
 76.13     (2) if the offender is assigned to risk level II, the 
 76.14  agency also may disclose the information to agencies and groups 
 76.15  that the offender is likely to encounter for the purpose of 
 76.16  securing those institutions and protecting individuals in their 
 76.17  care while they are on or near the premises of the institution.  
 76.18  These agencies and groups include the staff members of public 
 76.19  and private educational institutions, day care establishments, 
 76.20  and establishments and organizations that primarily serve 
 76.21  individuals likely to be victimized by the offender.  The agency 
 76.22  also may disclose the information to individuals the agency 
 76.23  believes are likely to be victimized by the offender.  The 
 76.24  agency's belief shall be based on the offender's pattern of 
 76.25  offending or victim preference as documented in the information 
 76.26  provided by the department of corrections or human services; 
 76.27     (3) if the offender is assigned to risk level III, the 
 76.28  agency shall disclose the information to the persons and 
 76.29  entities described in clauses (1) and (2) and to other members 
 76.30  of the community whom the offender is likely to encounter, 
 76.31  unless the law enforcement agency determines that public safety 
 76.32  would be compromised by the disclosure or that a more limited 
 76.33  disclosure is necessary to protect the identity of the victim. 
 76.34     Notwithstanding the assignment of a predatory offender to 
 76.35  risk level II or III, a law enforcement agency may not make the 
 76.36  disclosures permitted or required by clause (2) or (3), if:  the 
 77.1   offender is placed or resides in a residential facility.  
 77.2   However, if an offender is placed or resides in a residential 
 77.3   facility, the offender and the head of the facility shall 
 77.4   designate the offender's likely residence upon release from the 
 77.5   facility and the head of the facility shall notify the 
 77.6   commissioner of corrections or the commissioner of human 
 77.7   services of the offender's likely residence at least 14 days 
 77.8   before the offender's scheduled release date.  The commissioner 
 77.9   shall give this information to the law enforcement agency having 
 77.10  jurisdiction over the offender's likely residence.  The head of 
 77.11  the residential facility also shall notify the commissioner of 
 77.12  corrections or human services within 48 hours after finalizing 
 77.13  the offender's approved relocation plan to a permanent 
 77.14  residence.  Within five days after receiving this notification, 
 77.15  the appropriate commissioner shall give to the appropriate law 
 77.16  enforcement agency all relevant information the commissioner has 
 77.17  concerning the offender, including information on the risk 
 77.18  factors in the offender's history and the risk level to which 
 77.19  the offender was assigned.  After receiving this information, 
 77.20  the law enforcement agency shall make the disclosures permitted 
 77.21  or required by clause (2) or (3), as appropriate. 
 77.22     (c) As used in paragraph (b), clauses (2) and (3), "likely 
 77.23  to encounter" means that:  
 77.24     (1) the organizations or community members are in a 
 77.25  location or in close proximity to a location where the offender 
 77.26  lives or is employed, or which the offender visits or is likely 
 77.27  to visit on a regular basis, other than the location of the 
 77.28  offender's outpatient treatment program; and 
 77.29     (2) the types of interaction which ordinarily occur at that 
 77.30  location and other circumstances indicate that contact with the 
 77.31  offender is reasonably certain. 
 77.32     (d) A law enforcement agency or official who discloses 
 77.33  information under this subdivision shall make a good faith 
 77.34  effort to make the notification within 14 days of receipt of a 
 77.35  confirmed address from the Department of Corrections indicating 
 77.36  that the offender will be, or has been, released from 
 78.1   confinement, or accepted for supervision, or has moved to a new 
 78.2   address and will reside at the address indicated.  If a change 
 78.3   occurs in the release plan, this notification provision does not 
 78.4   require an extension of the release date.  
 78.5      (e) A law enforcement agency or official who discloses 
 78.6   information under this subdivision shall not disclose the 
 78.7   identity or any identifying characteristics of the victims of or 
 78.8   witnesses to the offender's offenses. 
 78.9      (f) A law enforcement agency shall continue to disclose 
 78.10  information on an offender as required by this subdivision for 
 78.11  as long as the offender is required to register under section 
 78.12  243.166.  This requirement on a law enforcement agency to 
 78.13  continue to disclose information also applies to an offender who 
 78.14  lacks a primary address and is registering under section 
 78.15  243.166, subdivision 3a. 
 78.16     (g) A law enforcement agency that is disclosing information 
 78.17  on an offender assigned to risk level III to the public under 
 78.18  this subdivision shall inform the commissioner of corrections 
 78.19  what information is being disclosed and forward this information 
 78.20  to the commissioner within two days of the agency's 
 78.21  determination.  The commissioner shall post this information on 
 78.22  the Internet as required in subdivision 4b. 
 78.23     (h) A city council may adopt a policy that addresses when 
 78.24  information disclosed under this subdivision must be presented 
 78.25  in languages in addition to English.  The policy may address 
 78.26  when information must be presented orally, in writing, or both 
 78.27  in additional languages by the law enforcement agency disclosing 
 78.28  the information.  The policy may provide for different 
 78.29  approaches based on the prevalence of non-English languages in 
 78.30  different neighborhoods. 
 78.31     [EFFECTIVE DATE.] This section is effective the day 
 78.32  following final enactment, and applies to persons subject to 
 78.33  community notification on or after that date.  
 78.34     Sec. 8.  Minnesota Statutes 2004, section 244.052, is 
 78.35  amended by adding a subdivision to read: 
 78.36     Subd. 4c.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
 79.1   INFORMATION TO A HEALTH CARE FACILITY.] (a) The law enforcement 
 79.2   agency in the area where a health care facility is located shall 
 79.3   disclose the registrant status of any sex offender registered 
 79.4   under section 243.166 to the health care facility if the 
 79.5   registered offender is receiving inpatient care in that facility.
 79.6      (b) "Health care facility" means a hospital or other entity 
 79.7   licensed under sections 144.50 to 144.58, a nursing home 
 79.8   licensed under section 144A.02, or a group residential housing 
 79.9   facility or an intermediate care facility for the mentally 
 79.10  retarded licensed under chapter 245A. 
 79.11     [EFFECTIVE DATE.] This section is effective the day 
 79.12  following final enactment. 
 79.13     Sec. 9.  Minnesota Statutes 2004, section 626.556, 
 79.14  subdivision 3, is amended to read: 
 79.15     Subd. 3.  [PERSONS MANDATED TO REPORT.] (a) A person who 
 79.16  knows or has reason to believe a child is being neglected or 
 79.17  physically or sexually abused, as defined in subdivision 2, or 
 79.18  has been neglected or physically or sexually abused within the 
 79.19  preceding three years, shall immediately report the information 
 79.20  to the local welfare agency, agency responsible for assessing or 
 79.21  investigating the report, police department, or the county 
 79.22  sheriff if the person is:  
 79.23     (1) a professional or professional's delegate who is 
 79.24  engaged in the practice of the healing arts, social services, 
 79.25  hospital administration, psychological or psychiatric treatment, 
 79.26  child care, education, probation and correctional services, or 
 79.27  law enforcement; or 
 79.28     (2) employed as a member of the clergy and received the 
 79.29  information while engaged in ministerial duties, provided that a 
 79.30  member of the clergy is not required by this subdivision to 
 79.31  report information that is otherwise privileged under section 
 79.32  595.02, subdivision 1, paragraph (c).  
 79.33     The police department or the county sheriff, upon receiving 
 79.34  a report, shall immediately notify the local welfare agency or 
 79.35  agency responsible for assessing or investigating the report, 
 79.36  orally and in writing.  The local welfare agency, or agency 
 80.1   responsible for assessing or investigating the report, upon 
 80.2   receiving a report, shall immediately notify the local police 
 80.3   department or the county sheriff orally and in writing.  The 
 80.4   county sheriff and the head of every local welfare agency, 
 80.5   agency responsible for assessing or investigating reports, and 
 80.6   police department shall each designate a person within their 
 80.7   agency, department, or office who is responsible for ensuring 
 80.8   that the notification duties of this paragraph and paragraph (b) 
 80.9   are carried out.  Nothing in this subdivision shall be construed 
 80.10  to require more than one report from any institution, facility, 
 80.11  school, or agency. 
 80.12     (b) Any person may voluntarily report to the local welfare 
 80.13  agency, agency responsible for assessing or investigating the 
 80.14  report, police department, or the county sheriff if the person 
 80.15  knows, has reason to believe, or suspects a child is being or 
 80.16  has been neglected or subjected to physical or sexual abuse.  
 80.17  The police department or the county sheriff, upon receiving a 
 80.18  report, shall immediately notify the local welfare agency or 
 80.19  agency responsible for assessing or investigating the report, 
 80.20  orally and in writing.  The local welfare agency or agency 
 80.21  responsible for assessing or investigating the report, upon 
 80.22  receiving a report, shall immediately notify the local police 
 80.23  department or the county sheriff orally and in writing. 
 80.24     (c) A person mandated to report physical or sexual child 
 80.25  abuse or neglect occurring within a licensed facility shall 
 80.26  report the information to the agency responsible for licensing 
 80.27  the facility under sections 144.50 to 144.58; 241.021; 245A.01 
 80.28  to 245A.16; or chapter 245B; or a nonlicensed personal care 
 80.29  provider organization as defined in sections 256B.04, 
 80.30  subdivision 16; and 256B.0625, subdivision 19.  A health or 
 80.31  corrections agency receiving a report may request the local 
 80.32  welfare agency to provide assistance pursuant to subdivisions 
 80.33  10, 10a, and 10b.  A board or other entity whose licensees 
 80.34  perform work within a school facility, upon receiving a 
 80.35  complaint of alleged maltreatment, shall provide information 
 80.36  about the circumstances of the alleged maltreatment to the 
 81.1   commissioner of education.  Section 13.03, subdivision 4, 
 81.2   applies to data received by the commissioner of education from a 
 81.3   licensing entity.  
 81.4      (d) Any person mandated to report shall receive a summary 
 81.5   of the disposition of any report made by that reporter, 
 81.6   including whether the case has been opened for child protection 
 81.7   or other services, or if a referral has been made to a community 
 81.8   organization, unless release would be detrimental to the best 
 81.9   interests of the child.  Any person who is not mandated to 
 81.10  report shall, upon request to the local welfare agency, receive 
 81.11  a concise summary of the disposition of any report made by that 
 81.12  reporter, unless release would be detrimental to the best 
 81.13  interests of the child. 
 81.14     (e) For purposes of this subdivision, "immediately" means 
 81.15  as soon as possible but in no event longer than 24 hours. 
 81.16     [EFFECTIVE DATE.] This section is effective the day 
 81.17  following final enactment. 
 81.18     Sec. 10.  [REVISOR'S INSTRUCTION.] 
 81.19     The revisor of statutes shall change all references to 
 81.20  Minnesota Statutes, section 243.166, subdivision 1, in Minnesota 
 81.21  Statutes to section 243.166.  In addition, the revisor shall 
 81.22  make other technical changes necessitated by this article.  
 81.23     [EFFECTIVE DATE.] This section is effective the day 
 81.24  following final enactment.  
 81.25     Sec. 11.  [REPEALER.] 
 81.26     Minnesota Statutes 2004, section 243.166, subdivisions 1 
 81.27  and 8, are repealed. 
 81.28     [EFFECTIVE DATE.] This section is effective the day 
 81.29  following final enactment. 
 81.30                             ARTICLE 6 
 81.31        HUMAN SERVICES ACCESS TO PREDATORY OFFENDER REGISTRY 
 81.32     Section 1.  Minnesota Statutes 2004, section 243.166, 
 81.33  subdivision 7, is amended to read: 
 81.34     Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
 81.35  provided in subdivision 7a or sections 244.052 and 299C.093, the 
 81.36  information provided under this section is private data on 
 82.1   individuals under section 13.02, subdivision 12.  The 
 82.2   information may be used only for law enforcement, human 
 82.3   services, and corrections purposes.  
 82.4      Sec. 2.  Minnesota Statutes 2004, section 246.13, is 
 82.5   amended to read: 
 82.6      246.13 [RECORD RECORDS OF PATIENTS AND RESIDENTS 
 82.7   IN RECEIVING STATE-OPERATED SERVICES.] 
 82.8      Subdivision 1.  [POWERS, DUTIES, AND AUTHORITY OF 
 82.9   COMMISSIONER.] (a) The commissioner of human services' office 
 82.10  shall have, accessible only by consent of the commissioner or on 
 82.11  the order of a judge or court of record, a record showing the 
 82.12  residence, sex, age, nativity, occupation, civil condition, and 
 82.13  date of entrance or commitment of every person, in the 
 82.14  state-operated services facilities as defined under section 
 82.15  246.014 under exclusive control of the commissioner; the date of 
 82.16  discharge and whether such discharge was final; the condition of 
 82.17  the person when the person left the state-operated services 
 82.18  facility; the vulnerable adult abuse prevention associated with 
 82.19  the person; and the date and cause of all deaths.  The record 
 82.20  shall state every transfer from one state-operated services 
 82.21  facility to another, naming each state-operated services 
 82.22  facility.  This information shall be furnished to the 
 82.23  commissioner of human services by each public agency, along with 
 82.24  other obtainable facts as the commissioner may require.  When a 
 82.25  patient or resident in a state-operated services facility is 
 82.26  discharged, transferred, or dies, the head of the state-operated 
 82.27  services facility or designee shall inform the commissioner of 
 82.28  human services of these events within ten days on forms 
 82.29  furnished by the commissioner.  
 82.30     (b) The commissioner of human services shall cause to be 
 82.31  devised, installed, and operated an adequate system of records 
 82.32  and statistics which shall consist of all basic record forms, 
 82.33  including patient personal records and medical record forms, and 
 82.34  the manner of their use shall be precisely uniform throughout 
 82.35  all state-operated services facilities. 
 82.36     Subd. 2.  [DEFINITIONS; RISK ASSESSMENT AND MANAGEMENT.] (a)
 83.1   As used in this section: 
 83.2      (1) "appropriate and necessary medical and other records" 
 83.3   includes patient medical record and other protected health 
 83.4   information as provided by Code of Federal Regulations, title 
 83.5   45, section 164.501, relating to a patient in a state-operated 
 83.6   services facility, including but not limited to the patient's 
 83.7   treatment plan and abuse prevention plan that is pertinent to 
 83.8   the patient's ongoing care, treatment, or placement in a 
 83.9   community-based treatment facility or a health care facility 
 83.10  that is not operated by state-operated services, and includes 
 83.11  information describing the level of risk posed by a patient when 
 83.12  the patient enters such a facility; 
 83.13     (2) "community-based treatment" means the community support 
 83.14  services listed in section 253B.02, subdivision 4b; 
 83.15     (3) "criminal history databases" refers to the Corrections 
 83.16  Offender Management Systems (COMS) and Statewide Supervision 
 83.17  System (S3) maintained by the Department of Corrections; 
 83.18  Criminal Justice Information System (CJIS) and Predatory 
 83.19  Offender Registration (POR) system maintained by the Department 
 83.20  of Public Safety; the CriMNet system; the National Crime 
 83.21  Information Center (NCIC) database for out-of-state criminal 
 83.22  history information maintained by the Federal Bureau of 
 83.23  Investigation; and other federal, state, and local databases and 
 83.24  repositories that contain information describing the criminal 
 83.25  history or propensity for violence of patients under the care or 
 83.26  supervision of the state-operated services division of the 
 83.27  Department of Human Services; 
 83.28     (4) "designated agency" means the agency defined in section 
 83.29  253B.02, subdivision 5; 
 83.30     (5) "law enforcement agency" means the law enforcement 
 83.31  agency having primary jurisdiction over the location where the 
 83.32  offender expects to reside upon release; 
 83.33     (6) "predatory offender" and "offender" mean a person who 
 83.34  is required to register as a predatory offender under section 
 83.35  243.166; and 
 83.36     (7) "treatment facility" means a facility as defined in 
 84.1   section 253B.02, subdivision 19. 
 84.2      (b) To promote public safety and for the purposes and 
 84.3   subject to the requirements of paragraph (c), the commissioner 
 84.4   or the commissioner's designee shall have access to and review 
 84.5   pertinent information about patients under the care or 
 84.6   supervision of the state-operated services division of the 
 84.7   Department of Human Services, including but not limited to 
 84.8   information that is in state criminal history databases. 
 84.9      (c) The commissioner or the commissioner's designee shall 
 84.10  disseminate information to designated treatment facility staff, 
 84.11  special review board members, and end-of-confinement review 
 84.12  committee members to: 
 84.13     (1) determine whether a patient is required under state law 
 84.14  to register as a predatory offender according to section 
 84.15  244.166; 
 84.16     (2) facilitate and expedite the responsibilities of the 
 84.17  special review board and end-of-confinement review committees by 
 84.18  corrections institutions and state treatment facilities; 
 84.19     (3) prepare, amend, or revise the abuse prevention plans 
 84.20  required under section 626.557, subdivision 14, and individual 
 84.21  patient treatment plans required under section 253B.03, 
 84.22  subdivision 7; and 
 84.23     (4) facilitate transfers of individuals between the 
 84.24  Department of Corrections and the Department of Human Services. 
 84.25     Subd. 3.  [COMMUNITY-BASED TREATMENT AND MEDICAL 
 84.26  TREATMENT.] (a) When a patient under the care and supervision of 
 84.27  state-operated services is released to a community-based 
 84.28  treatment facility or facility that provides health care 
 84.29  services, state-operated services may disclose all appropriate 
 84.30  and necessary health and other information relating to the 
 84.31  patient. 
 84.32     (b) The information that must be provided to the designated 
 84.33  agency, community-based treatment facility, or facility that 
 84.34  provides health care services includes but is not limited to the 
 84.35  patient's abuse prevention plan required under section 626.557, 
 84.36  subdivision 14, paragraph (b). 
 85.1      Subd. 4.  [PREDATORY OFFENDER REGISTRATION 
 85.2   NOTIFICATION.] (a) When a state-operated facility determines 
 85.3   that a patient is required under section 243.166, subdivision 1, 
 85.4   to register as a predatory offender or, under section 243.166, 
 85.5   subdivision 4a, to provide notice of a change in status, the 
 85.6   facility shall provide written notice to the patient of the 
 85.7   requirement. 
 85.8      (b) If the patient refuses, is unable, or lacks capacity to 
 85.9   comply with the requirement described in paragraph (a) within 
 85.10  five days after receiving the notification of the duty to 
 85.11  comply, state-operated services staff shall obtain the necessary 
 85.12  forms and complete the registration or change of status 
 85.13  notification for the patient.  The treatment facility shall also 
 85.14  forward the registration or change of status information that it 
 85.15  completes to the Bureau of Criminal Apprehension and, as 
 85.16  applicable, the patient's corrections agent and the law 
 85.17  enforcement agency in the community in which the patient 
 85.18  currently resides.  If, after providing notification, the 
 85.19  patient refuses to comply with the requirements described in 
 85.20  paragraph (a), the treatment facility shall also notify the 
 85.21  county attorney in the county in which the patient is currently 
 85.22  residing of the refusal. 
 85.23     (c) The duties of state-operated services described in this 
 85.24  subdivision do not relieve the patient of the ongoing individual 
 85.25  duty to comply with the requirements of section 243.166. 
 85.26     Subd. 5.  [LIMITATIONS ON USE OF BLOODBORNE PATHOGEN TEST 
 85.27  RESULTS.] Sections 246.71, 246.711, 246.712, 246.713, 246.714, 
 85.28  246.715, 246.716, 246.717, 246.718, 246.719, 246.72, 246.721, 
 85.29  and 246.722 apply to state-operated services facilities. 
 85.30     Sec. 3.  Minnesota Statutes 2004, section 253B.18, 
 85.31  subdivision 4a, is amended to read: 
 85.32     Subd. 4a.  [RELEASE ON PASS; NOTIFICATION.] A patient who 
 85.33  has been committed as a person who is mentally ill and dangerous 
 85.34  and who is confined at a secure treatment facility or has been 
 85.35  transferred out of a state-operated services facility according 
 85.36  to section 253B.18, subdivision 6, shall not be released on a 
 86.1   pass unless the pass is part of a pass plan that has been 
 86.2   approved by the medical director of the secure treatment 
 86.3   facility.  The pass plan must have a specific therapeutic 
 86.4   purpose consistent with the treatment plan, must be established 
 86.5   for a specific period of time, and must have specific levels of 
 86.6   liberty delineated.  The county case manager must be invited to 
 86.7   participate in the development of the pass plan.  At least ten 
 86.8   days prior to a determination on the plan, the medical director 
 86.9   shall notify the designated agency, the committing court, the 
 86.10  county attorney of the county of commitment, an interested 
 86.11  person, the local law enforcement agency where the facility is 
 86.12  located, the local law enforcement agency in the location where 
 86.13  the pass is to occur, the petitioner, and the petitioner's 
 86.14  counsel of the plan, the nature of the passes proposed, and 
 86.15  their right to object to the plan.  If any notified person 
 86.16  objects prior to the proposed date of implementation, the person 
 86.17  shall have an opportunity to appear, personally or in writing, 
 86.18  before the medical director, within ten days of the objection, 
 86.19  to present grounds for opposing the plan.  The pass plan shall 
 86.20  not be implemented until the objecting person has been furnished 
 86.21  that opportunity.  Nothing in this subdivision shall be 
 86.22  construed to give a patient an affirmative right to a pass plan. 
 86.23     Sec. 4.  Minnesota Statutes 2004, section 299C.093, is 
 86.24  amended to read: 
 86.25     299C.093 [DATABASE OF REGISTERED PREDATORY OFFENDERS.] 
 86.26     The superintendent of the bureau of criminal apprehension 
 86.27  shall maintain a computerized data system relating to 
 86.28  individuals required to register as predatory offenders under 
 86.29  section 243.166.  To the degree feasible, the system must 
 86.30  include the information required to be provided under section 
 86.31  243.166, subdivisions 4 and 4a, and indicate the time period 
 86.32  that the person is required to register.  The superintendent 
 86.33  shall maintain this information in a manner that ensures that it 
 86.34  is readily available to law enforcement agencies.  This 
 86.35  information is private data on individuals under section 13.02, 
 86.36  subdivision 12, but may be used for human services, law 
 87.1   enforcement, and corrections purposes. 
 87.2      Sec. 5.  Minnesota Statutes 2004, section 609.2231, 
 87.3   subdivision 3, is amended to read: 
 87.4      Subd. 3.  [CORRECTIONAL EMPLOYEES; PROBATION OFFICERS.] 
 87.5   Whoever commits either of the following acts against an employee 
 87.6   of a correctional facility as defined in section 241.021, 
 87.7   subdivision 1, paragraph (f), or an employee or other individual 
 87.8   who provides care or treatment at a treatment facility as 
 87.9   defined in section 252.025, subdivision 7, or 253B.02, 
 87.10  subdivision 18a, or against a probation officer or other 
 87.11  qualified person employed in supervising offenders while the 
 87.12  employee, officer, or person is engaged in the performance of a 
 87.13  duty imposed by law, policy, or rule is guilty of a felony and 
 87.14  may be sentenced to imprisonment for not more than two years or 
 87.15  to payment of a fine of not more than $4,000, or both: 
 87.16     (1) assaults the employee person and inflicts demonstrable 
 87.17  bodily harm; or 
 87.18     (2) intentionally throws or otherwise transfers bodily 
 87.19  fluids or feces at or onto the employee person. 
 87.20     Sec. 6.  Minnesota Statutes 2004, section 626.557, 
 87.21  subdivision 14, is amended to read: 
 87.22     Subd. 14.  [ABUSE PREVENTION PLANS.] (a) Each facility, 
 87.23  except home health agencies and personal care attendant services 
 87.24  providers, shall establish and enforce an ongoing written abuse 
 87.25  prevention plan.  The plan shall contain an assessment of the 
 87.26  physical plant, its environment, and its population identifying 
 87.27  factors which may encourage or permit abuse, and a statement of 
 87.28  specific measures to be taken to minimize the risk of abuse.  
 87.29  The plan shall comply with any rules governing the plan 
 87.30  promulgated by the licensing agency.  
 87.31     (b) Each facility, including a home health care agency and 
 87.32  personal care attendant services providers, shall develop an 
 87.33  individual abuse prevention plan for each vulnerable adult 
 87.34  residing there or receiving services from them.  The plan shall 
 87.35  contain an individualized assessment of both the person's 
 87.36  susceptibility to abuse by other individuals, including other 
 88.1   vulnerable adults, and the potential risks posed by the person 
 88.2   to the other patients, to facility staff, and to others; and a 
 88.3   statement of the specific measures to be taken to minimize the 
 88.4   risk of abuse to that person and others.  For the purposes of 
 88.5   this clause, the term "abuse" includes self-abuse. 
 88.6      Sec. 7.  [REPEALER.] 
 88.7      Minnesota Statutes 2004, section 246.017, subdivision 1, is 
 88.8   repealed. 
 88.9                              ARTICLE 7 
 88.10                 HUMAN SERVICES BACKGROUND STUDIES 
 88.11     Section 1.  Minnesota Statutes 2004, section 245C.03, 
 88.12  subdivision 1, is amended to read: 
 88.13     Subdivision 1.  [LICENSED PROGRAMS.] (a) The commissioner 
 88.14  shall conduct a background study on: 
 88.15     (1) the person or persons applying for a license; 
 88.16     (2) an individual age 13 and over living in the household 
 88.17  where the licensed program will be provided; 
 88.18     (3) current or prospective employees or contractors of the 
 88.19  applicant who will have direct contact with persons served by 
 88.20  the facility, agency, or program; 
 88.21     (4) volunteers or student volunteers who will have direct 
 88.22  contact with persons served by the program to provide program 
 88.23  services if the contact is not under the continuous, direct 
 88.24  supervision by an individual listed in clause (1) or (3); 
 88.25     (5) an individual age ten to 12 living in the household 
 88.26  where the licensed services will be provided when the 
 88.27  commissioner has reasonable cause; 
 88.28     (6) an individual who, without providing direct contact 
 88.29  services at a licensed program, may have unsupervised access to 
 88.30  children or vulnerable adults receiving services from a program 
 88.31  licensed to provide: 
 88.32     (i) family child care for children; 
 88.33     (ii) foster care for children in the provider's own home; 
 88.34  or 
 88.35     (iii) foster care or day care services for adults in the 
 88.36  provider's own home; and 
 89.1      (7) all managerial officials as defined under section 
 89.2   245A.02, subdivision 5a. 
 89.3   The commissioner must have reasonable cause to study an 
 89.4   individual under this subdivision. 
 89.5      (b) For family child foster care settings, a short-term 
 89.6   substitute caregiver providing direct contact services for a 
 89.7   child for less than 72 hours of continuous care is not required 
 89.8   to receive a background study under this chapter. 
 89.9      Sec. 2.  Minnesota Statutes 2004, section 245C.13, 
 89.10  subdivision 2, is amended to read: 
 89.11     Subd. 2.  [DIRECT CONTACT PENDING COMPLETION OF BACKGROUND 
 89.12  STUDY.] Unless otherwise specified, the subject of a background 
 89.13  study may have direct contact with persons served by a program 
 89.14  after the background study form is mailed or submitted to the 
 89.15  commissioner pending notification of the study results under 
 89.16  section 245C.17. Prior to the commissioner's authorization of a 
 89.17  notice of the study results under section 245C.17, or notice 
 89.18  that a disqualification has been set aside under section 
 89.19  245C.23, or notice that a variance has been granted related to 
 89.20  the individual under section 245C.30, the subject of a 
 89.21  background study may not: 
 89.22     (1) be issued a license; 
 89.23     (2) live in the household where the licensed program will 
 89.24  be provided; 
 89.25     (3) provide direct contact services to persons served by a 
 89.26  program; or 
 89.27     (4) have access to persons receiving services if the 
 89.28  background study was completed under section 245C.03, 
 89.29  subdivision 1, paragraph (a), clause (2), (5), or (6), or 
 89.30  144.057, subdivision 1. 
 89.31     Sec. 3.  Minnesota Statutes 2004, section 245C.15, 
 89.32  subdivision 1, is amended to read: 
 89.33     Subdivision 1.  [PERMANENT DISQUALIFICATION.] (a) An 
 89.34  individual is disqualified under section 245C.14 if:  (1) 
 89.35  regardless of how much time has passed since the discharge of 
 89.36  the sentence imposed, if any, for the offense; and (2) unless 
 90.1   otherwise specified, regardless of the level of the conviction 
 90.2   offense, the individual is convicted of has committed any of the 
 90.3   following offenses:  sections 152.021 (controlled substance 
 90.4   crime in the first degree); 152.022 (controlled substance crime 
 90.5   in the second degree); 152.023 (controlled substance crime in 
 90.6   the third degree); 152.024 (controlled substance crime in the 
 90.7   fourth degree); 152.0261 (importing controlled substances across 
 90.8   state lines); 609.165 (certain convicted felons ineligible to 
 90.9   possess firearms); 609.185 (murder in the first degree); 609.19 
 90.10  (murder in the second degree); 609.195 (murder in the third 
 90.11  degree); 609.20 (manslaughter in the first degree); 609.205 
 90.12  (manslaughter in the second degree); 609.21 (criminal vehicular 
 90.13  homicide and injury); 609.221 or (assault in the first degree); 
 90.14  609.222 (assault in the first or second degree); 609.223 
 90.15  (assault in the third degree); a felony offense under sections 
 90.16  609.2242 and 609.2243 (domestic assault), spousal abuse, child 
 90.17  abuse or neglect, or a crime against children; 609.228 (great 
 90.18  bodily harm caused by distribution of drugs); an offense 
 90.19  punishable as a felony under 609.229 (crime committed for the 
 90.20  benefit of a gang); 609.235 (use of drugs to injure or 
 90.21  facilitate a crime); 609.24 (simple robbery); 609.245 
 90.22  (aggravated robbery); 609.25 (kidnapping); 609.255 (false 
 90.23  imprisonment); 609.2661 (murder of an unborn child in the first 
 90.24  degree); 609.2662 (murder of an unborn child in the second 
 90.25  degree); 609.2663 (murder of an unborn child in the third 
 90.26  degree); 609.2664 (manslaughter of an unborn child in the first 
 90.27  degree); 609.2665 (manslaughter of an unborn child in the second 
 90.28  degree); 609.267 (assault of an unborn child in the first 
 90.29  degree); 609.2671 (assault of an unborn child in the second 
 90.30  degree); 609.268 (injury or death of an unborn child in 
 90.31  commission of a crime); 609.322 (solicitation, inducement, and 
 90.32  promotion of prostitution); a felony offense under 609.324, 
 90.33  subdivision 1 (other prohibited acts); 609.342 (criminal sexual 
 90.34  conduct in the first degree); 609.343 (criminal sexual conduct 
 90.35  in the second degree); 609.344 (criminal sexual conduct in the 
 90.36  third degree); 609.345 (criminal sexual conduct in the fourth 
 91.1   degree); 609.3451 (criminal sexual conduct in the fifth degree); 
 91.2   609.352 (solicitation of children to engage in sexual conduct); 
 91.3   609.365 (incest); an offense punishable as a felony offense 
 91.4   under 609.377 (malicious punishment of a child); an offense 
 91.5   punishable as a felony offense under 609.378 (neglect or 
 91.6   endangerment of a child); 609.498 (tampering with a witness); 
 91.7   609.561 (arson in the first degree); 609.562 (arson in the 
 91.8   second degree); 609.582, subdivision 1 (burglary in the first 
 91.9   degree); 609.66, subdivision 1e (drive-by shooting); 609.687 
 91.10  (adulteration); 609.749, subdivision 3, 4, or 5 (felony-level 
 91.11  harassment; stalking); 609.855, subdivision 5 (shooting at or in 
 91.12  a public transit vehicle or facility); 617.246 (use of minors in 
 91.13  sexual performance prohibited); or 617.247 (possession of 
 91.14  pictorial representations of minors); or an offense punishable 
 91.15  as a felony under 624.713 (certain persons not to have pistols 
 91.16  or semiautomatic military-style assault weapons).  
 91.17     (b) An individual also is disqualified under section 
 91.18  245C.14 regardless of how much time has passed since: 
 91.19     (1) the involuntary termination of the individual's 
 91.20  parental rights under section 260C.301; 
 91.21     (2) an administrative determination under section 626.556 
 91.22  of sexual abuse of a minor or abuse of a minor resulting in 
 91.23  death or serious injury as defined under section 245C.02, 
 91.24  subdivision 18; or 
 91.25     (3) an administrative determination under section 626.557 
 91.26  of sexual abuse of a vulnerable adult or abuse of a vulnerable 
 91.27  adult resulting in death or serious injury as defined under 
 91.28  section 245C.02, subdivision 18. 
 91.29     (b) (c) An individual's aiding and abetting, attempt, or 
 91.30  conspiracy to commit any of the offenses listed in paragraph 
 91.31  (a), as each of these offenses is defined in Minnesota Statutes, 
 91.32  permanently disqualifies the individual under section 245C.14. 
 91.33     (c) (d) An individual's offense in any other state or 
 91.34  country, where the elements of the offense are substantially 
 91.35  similar to any of the offenses listed in paragraph (a), 
 91.36  permanently disqualifies the individual under section 245C.14. 
 92.1      Sec. 4.  Minnesota Statutes 2004, section 245C.15, 
 92.2   subdivision 2, is amended to read: 
 92.3      Subd. 2.  [15-YEAR DISQUALIFICATION.] (a) An individual is 
 92.4   disqualified under section 245C.14 if:  (1) less than 15 years 
 92.5   have passed since the discharge of the sentence imposed, if any, 
 92.6   for the offense; and (2) the individual has received committed a 
 92.7   felony conviction for a felony-level violation of any of the 
 92.8   following offenses:  sections 152.025 (controlled substance 
 92.9   crime in the fifth degree); 260C.301 (grounds for termination of 
 92.10  parental rights); 609.165 (felon ineligible to possess firearm); 
 92.11  609.21 (criminal vehicular homicide and injury); 609.215 
 92.12  (suicide); 609.223 or 609.2231 (assault in the third or fourth 
 92.13  degree); repeat offenses under 609.224 (assault in the fifth 
 92.14  degree); 609.2325 (criminal abuse of a vulnerable adult); 
 92.15  609.2335 (financial exploitation of a vulnerable adult); 609.235 
 92.16  (use of drugs to injure or facilitate crime); 609.24 (simple 
 92.17  robbery); 609.255 (false imprisonment); 609.2664 (manslaughter 
 92.18  of an unborn child in the first degree); 609.2665 (manslaughter 
 92.19  of an unborn child in the second degree); 609.267 (assault of an 
 92.20  unborn child in the first degree); 609.2671 (assault of an 
 92.21  unborn child in the second degree); 609.268 (injury or death of 
 92.22  an unborn child in the commission of a crime); 609.27 
 92.23  (coercion); 609.275 (attempt to coerce); repeat offenses under 
 92.24  609.3451 (criminal sexual conduct in the fifth degree); 609.498, 
 92.25  subdivision 1 or 1b (aggravated first degree or first degree 
 92.26  tampering with a witness); 609.52 (theft); 609.521 (possession 
 92.27  of shoplifting gear); 609.562 (arson in the second degree); 
 92.28  609.563 (arson in the third degree); 609.582, subdivision 2, 3, 
 92.29  or 4 (burglary in the second, third, or fourth degree); 609.625 
 92.30  (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; 
 92.31  offering a forged check); 609.635 (obtaining signature by false 
 92.32  pretense); 609.66 (dangerous weapons); 609.67 (machine guns and 
 92.33  short-barreled shotguns); 609.687 (adulteration); 609.71 (riot); 
 92.34  609.713 (terroristic threats); repeat offenses under 617.23 
 92.35  (indecent exposure; penalties); repeat offenses under 617.241 
 92.36  (obscene materials and performances; distribution and exhibition 
 93.1   prohibited; penalty); chapter 152 (drugs; controlled substance); 
 93.2   or a felony-level conviction involving alcohol or drug use. 
 93.3      (b) An individual is disqualified under section 245C.14 if 
 93.4   less than 15 years has passed since the individual's aiding and 
 93.5   abetting, attempt, or conspiracy to commit any of the offenses 
 93.6   listed in paragraph (a), as each of these offenses is defined in 
 93.7   Minnesota Statutes. 
 93.8      (c) An individual is disqualified under section 245C.14 if 
 93.9   less than 15 years has passed since the discharge of the 
 93.10  sentence imposed for an offense in any other state or country, 
 93.11  the elements of which are substantially similar to the elements 
 93.12  of the offenses listed in paragraph (a). 
 93.13     (d) If the individual studied is convicted of one of the 
 93.14  felonies listed in paragraph (a), but the sentence is a gross 
 93.15  misdemeanor or misdemeanor disposition, the individual is 
 93.16  disqualified but the disqualification lookback period for the 
 93.17  conviction is the period applicable to the gross misdemeanor or 
 93.18  misdemeanor disposition. 
 93.19     Sec. 5.  Minnesota Statutes 2004, section 245C.15, 
 93.20  subdivision 3, is amended to read: 
 93.21     Subd. 3.  [TEN-YEAR DISQUALIFICATION.] (a) An individual is 
 93.22  disqualified under section 245C.14 if:  (1) less than ten years 
 93.23  have passed since the discharge of the sentence imposed, if any, 
 93.24  for the offense; and (2) the individual has received committed a 
 93.25  gross misdemeanor conviction for a misdemeanor-level violation 
 93.26  of any of the following offenses:  sections 609.224 (assault in 
 93.27  the fifth degree); 609.224, subdivision 2, paragraph (c) 
 93.28  (assault in the fifth degree by a caregiver against a vulnerable 
 93.29  adult); 609.2242 and 609.2243 (domestic assault); 609.23 
 93.30  (mistreatment of persons confined); 609.231 (mistreatment of 
 93.31  residents or patients); 609.2325 (criminal abuse of a vulnerable 
 93.32  adult); 609.233 (criminal neglect of a vulnerable adult); 
 93.33  609.2335 (financial exploitation of a vulnerable adult); 609.234 
 93.34  (failure to report maltreatment of a vulnerable adult); 609.265 
 93.35  (abduction); 609.275 (attempt to coerce); 609.324, subdivision 
 93.36  1a (other prohibited acts; minor engaged in prostitution); 
 94.1   609.33 (disorderly house); 609.3451 (criminal sexual conduct in 
 94.2   the fifth degree); misdemeanor or gross misdemeanor offenses 
 94.3   under 609.377 (malicious punishment of a child); misdemeanor or 
 94.4   gross misdemeanor offenses under 609.378 (neglect or 
 94.5   endangerment of a child); 609.52 (theft); 609.582 (burglary); 
 94.6   609.631 (check forgery; offering a forged check); 609.66 
 94.7   (dangerous weapons); 609.71 (riot); 609.72, subdivision 3 
 94.8   (disorderly conduct against a vulnerable adult); repeat offenses 
 94.9   under 609.746 (interference with privacy); 609.749, subdivision 
 94.10  2 (harassment; stalking); repeat offenses under 617.23 (indecent 
 94.11  exposure); 617.241 (obscene materials and performances); 617.243 
 94.12  (indecent literature, distribution); 617.293 (harmful materials; 
 94.13  dissemination and display to minors prohibited); or violation of 
 94.14  an order for protection under section 518B.01, subdivision 14. 
 94.15     (b) An individual is disqualified under section 245C.14 if 
 94.16  less than ten years has passed since the individual's aiding and 
 94.17  abetting, attempt, or conspiracy to commit any of the offenses 
 94.18  listed in paragraph (a), as each of these offenses is defined in 
 94.19  Minnesota Statutes. 
 94.20     (c) An individual is disqualified under section 245C.14 if 
 94.21  less than ten years has passed since the discharge of the 
 94.22  sentence imposed for an offense in any other state or country, 
 94.23  the elements of which are substantially similar to the elements 
 94.24  of any of the offenses listed in paragraph (a). 
 94.25     (d) If the defendant is convicted of one of the gross 
 94.26  misdemeanors listed in paragraph (a), but the sentence is a 
 94.27  misdemeanor disposition, the individual is disqualified but the 
 94.28  disqualification lookback period for the conviction is the 
 94.29  period applicable to misdemeanors. 
 94.30     Sec. 6.  Minnesota Statutes 2004, section 245C.15, 
 94.31  subdivision 4, is amended to read: 
 94.32     Subd. 4.  [SEVEN-YEAR DISQUALIFICATION.] (a) An individual 
 94.33  is disqualified under section 245C.14 if:  (1) less than seven 
 94.34  years has passed since the discharge of the sentence imposed, if 
 94.35  any, for the offense; and (2) the individual has received 
 94.36  committed a misdemeanor conviction for a misdemeanor-level 
 95.1   violation of any of the following offenses:  sections 609.224 
 95.2   (assault in the fifth degree); 609.2242 (domestic assault); 
 95.3   609.2335 (financial exploitation of a vulnerable adult); 609.234 
 95.4   (failure to report maltreatment of a vulnerable adult); 609.2672 
 95.5   (assault of an unborn child in the third degree); 609.27 
 95.6   (coercion); violation of an order for protection under 609.3232 
 95.7   (protective order authorized; procedures; penalties); 609.52 
 95.8   (theft); 609.66 (dangerous weapons); 609.665 (spring guns); 
 95.9   609.746 (interference with privacy); 609.79 (obscene or 
 95.10  harassing phone telephone calls); 609.795 (letter, telegram, or 
 95.11  package; opening; harassment); 617.23 (indecent exposure; 
 95.12  penalties); 617.293 (harmful materials; dissemination and 
 95.13  display to minors prohibited); or violation of an order for 
 95.14  protection under section 518B.01 (Domestic Abuse Act). 
 95.15     (b) An individual is disqualified under section 245C.14 if 
 95.16  less than seven years has passed since a determination or 
 95.17  disposition of the individual's: 
 95.18     (1) failure to make required reports under section 626.556, 
 95.19  subdivision 3, or 626.557, subdivision 3, for incidents in 
 95.20  which:  (i) the final disposition under section 626.556 or 
 95.21  626.557 was substantiated maltreatment, and (ii) the 
 95.22  maltreatment was recurring or serious; or 
 95.23     (2) except for disqualifications under subdivision 1, 
 95.24  substantiated serious or recurring maltreatment of a minor under 
 95.25  section 626.556, a vulnerable adult under section 626.557, or 
 95.26  serious or recurring maltreatment in any other state, the 
 95.27  elements of which are substantially similar to the elements of 
 95.28  maltreatment under section 626.556 or 626.557 for which:  (i) 
 95.29  there is a preponderance of evidence that the maltreatment 
 95.30  occurred, and (ii) the subject was responsible for the 
 95.31  maltreatment. 
 95.32     (c) An individual is disqualified under section 245C.14 if 
 95.33  less than seven years has passed since the individual's attempt 
 95.34  or conspiracy to commit any of the offenses listed in paragraphs 
 95.35  (a) and (b), as each of these offenses is defined in Minnesota 
 95.36  Statutes. 
 96.1      (d) An individual is disqualified under section 245C.14 if 
 96.2   less than seven years has passed since the discharge of the 
 96.3   sentence imposed for an offense in any other state or country, 
 96.4   the elements of which are substantially similar to the elements 
 96.5   of any of the offenses listed in paragraphs (a) and (b). 
 96.6      Sec. 7.  Minnesota Statutes 2004, section 245C.17, 
 96.7   subdivision 2, is amended to read: 
 96.8      Subd. 2.  [DISQUALIFICATION NOTICE SENT TO SUBJECT.] (a) If 
 96.9   the information in the study indicates the individual is 
 96.10  disqualified from direct contact with, or from access to, 
 96.11  persons served by the program, the commissioner shall disclose 
 96.12  to the individual studied: 
 96.13     (1) the information causing disqualification; 
 96.14     (2) instructions on how to request a reconsideration of the 
 96.15  disqualification; and 
 96.16     (3) an explanation of any restrictions on the 
 96.17  commissioner's discretion to set aside the disqualification 
 96.18  under section 245C.24, subdivision 2, when applicable to the 
 96.19  individual; 
 96.20     (4) a statement indicating that if the individual's 
 96.21  disqualification is set aside or the facility is granted a 
 96.22  variance under section 245C.30, the individual's identity and 
 96.23  the reason for the individual's disqualification will become 
 96.24  public data; and 
 96.25     (5) the commissioner's determination of the individual's 
 96.26  immediate risk of harm under section 245C.16. 
 96.27     (b) If the commissioner determines under section 245C.16 
 96.28  that an individual poses an imminent risk of harm to persons 
 96.29  served by the program where the individual will have direct 
 96.30  contact, the commissioner's notice must include an explanation 
 96.31  of the basis of this determination. 
 96.32     (c) If the commissioner determines under section 245C.16 
 96.33  that an individual studied does not pose a risk of harm that 
 96.34  requires continuous, direct supervision, the commissioner shall 
 96.35  only notify the individual of the disqualification immediate 
 96.36  removal, the individual shall be informed of the conditions 
 97.1   under which the agency that initiated the background study may 
 97.2   allow the individual to provide direct contact services as 
 97.3   provided under subdivision 3. 
 97.4      Sec. 8.  Minnesota Statutes 2004, section 245C.17, 
 97.5   subdivision 3, is amended to read: 
 97.6      Subd. 3.  [DISQUALIFICATION NOTICE SENT TO APPLICANT, 
 97.7   LICENSE HOLDER, OR OTHER ENTITY.] (a) The commissioner shall 
 97.8   notify an applicant, license holder, or other entity as provided 
 97.9   in this chapter who is not the subject of the study: 
 97.10     (1) that the commissioner has found information that 
 97.11  disqualifies the individual studied from direct contact with, or 
 97.12  from access to, persons served by the program; and 
 97.13     (2) the commissioner's determination of the individual's 
 97.14  risk of harm under section 245C.16. 
 97.15     (b) If the commissioner determines under section 245C.16 
 97.16  that an individual studied poses an imminent risk of harm to 
 97.17  persons served by the program where the individual studied will 
 97.18  have direct contact, the commissioner shall order the license 
 97.19  holder to immediately remove the individual studied from direct 
 97.20  contact. 
 97.21     (c) If the commissioner determines under section 245C.16 
 97.22  that an individual studied poses a risk of harm that requires 
 97.23  continuous, direct supervision, the commissioner shall order the 
 97.24  applicant, license holder, or other entities as provided in this 
 97.25  chapter to: 
 97.26     (1) immediately remove the individual studied from direct 
 97.27  contact services; or 
 97.28     (2) before allowing the disqualified individual to provide 
 97.29  direct contact services, the applicant, license holder, or other 
 97.30  entity as provided in this chapter must:  (i) obtain from the 
 97.31  disqualified individual a copy of the individual's notice of 
 97.32  disqualification from the commissioner that explains the reason 
 97.33  for disqualification; (ii) assure that the individual studied is 
 97.34  under continuous, direct supervision when providing direct 
 97.35  contact services during the period in which the individual may 
 97.36  request a reconsideration of the disqualification under section 
 98.1   245C.21; and (iii) assure that the disqualified individual 
 98.2   requests reconsideration within 30 days of receipt of the notice 
 98.3   of disqualification. 
 98.4      (d) If the commissioner determines under section 245C.16 
 98.5   that an individual studied does not pose a risk of harm that 
 98.6   requires continuous, direct supervision, the commissioner shall 
 98.7   send the license holder a notice that more time is needed to 
 98.8   complete the individual's background study order the applicant, 
 98.9   license holder, or other entities as provided in this chapter 
 98.10  to:  (1) immediately remove the individual studied from direct 
 98.11  contact services; or (2) before allowing the disqualified 
 98.12  individual to provide direct contact services, the applicant, 
 98.13  license holder, or other entity as provided in this chapter 
 98.14  must:  (i) obtain from the disqualified individual a copy of the 
 98.15  individual's notice of disqualification from the commissioner 
 98.16  that explains the reason for disqualification; and (ii) assure 
 98.17  that the disqualified individual requests reconsideration within 
 98.18  15 days of receipt of the notice of disqualification. 
 98.19     (e) The commissioner shall not notify the applicant, 
 98.20  license holder, or other entity as provided in this chapter of 
 98.21  the information contained in the subject's background study 
 98.22  unless: 
 98.23     (1) the basis for the disqualification is failure to 
 98.24  cooperate with the background study or substantiated 
 98.25  maltreatment under section 626.556 or 626.557; 
 98.26     (2) the Data Practices Act under chapter 13 provides for 
 98.27  release of the information; or 
 98.28     (3) the individual studied authorizes the release of the 
 98.29  information. 
 98.30     Sec. 9.  Minnesota Statutes 2004, section 245C.21, 
 98.31  subdivision 3, is amended to read: 
 98.32     Subd. 3.  [INFORMATION DISQUALIFIED INDIVIDUALS MUST 
 98.33  PROVIDE WHEN REQUESTING RECONSIDERATION.] The (a) When a 
 98.34  disqualified individual requesting reconsideration requests that 
 98.35  the commissioner rescind the disqualification, the individual 
 98.36  must submit information showing that: 
 99.1      (1) the information the commissioner relied upon in 
 99.2   determining the underlying conduct that gave rise to the 
 99.3   disqualification is incorrect; 
 99.4      (2) for disqualifications under section 245C.15, 
 99.5   subdivision 1, based on maltreatment, the information the 
 99.6   commissioner relied upon in determining that maltreatment 
 99.7   resulted in death or serious injury as defined under section 
 99.8   245C.02, subdivision 18, is incorrect; or 
 99.9      (3) for disqualifications under section 245C.15, 
 99.10  subdivision 4, based on maltreatment, the information the 
 99.11  commissioner relied upon in determining that maltreatment was 
 99.12  serious or recurring is incorrect; or. 
 99.13     (3) (b) When a disqualified individual requests that the 
 99.14  commissioner set aside a disqualification, the individual must 
 99.15  submit information showing that: 
 99.16     (1) the subject of the study does not pose a risk of harm 
 99.17  to any person served by the applicant, license holder, or other 
 99.18  entities as provided in this chapter, by addressing the 
 99.19  information required under section 245C.22, subdivision 4; and 
 99.20     (2) the disqualified individual has received a notice 
 99.21  stating that if the disqualification is set aside, the 
 99.22  individual's identity and the individual's disqualifying 
 99.23  characteristics will become public data. 
 99.24     Sec. 10.  Minnesota Statutes 2004, section 245C.21, 
 99.25  subdivision 4, is amended to read: 
 99.26     Subd. 4.  [NOTICE OF REQUEST FOR RECONSIDERATION.] Upon 
 99.27  request, the commissioner may inform the applicant, license 
 99.28  holder, or other entities as provided in this chapter who 
 99.29  received a notice of the individual's disqualification under 
 99.30  section 245C.17, subdivision 3, or has the consent of the 
 99.31  disqualified individual, whether the disqualified individual has 
 99.32  requested reconsideration. 
 99.33     Sec. 11.  Minnesota Statutes 2004, section 245C.22, is 
 99.34  amended by adding a subdivision to read: 
 99.35     Subd. 7.  [CLASSIFICATION OF CERTAIN DATA AS PUBLIC OR 
 99.36  PRIVATE.] (a) Notwithstanding section 13.46, upon setting aside 
100.1   a disqualification under this section, the identity of the 
100.2   disqualified individual who received the set aside and the 
100.3   individual's disqualifying characteristics are public data. 
100.4      (b) Notwithstanding section 13.46, upon granting a variance 
100.5   to a license holder under section 245C.30, the identity of the 
100.6   disqualified individual who is the subject of the variance, the 
100.7   individual's disqualifying characteristics, and the terms of the 
100.8   variance are public data. 
100.9      (c) The identity of a disqualified individual and the 
100.10  reason for disqualification remain private data when a 
100.11  disqualification is: 
100.12     (1) not set aside and no variance is granted; and 
100.13     (2) rescinded because the information relied upon to 
100.14  disqualify the individual is incorrect. 
100.15     Sec. 12.  Minnesota Statutes 2004, section 245C.23, 
100.16  subdivision 1, is amended to read: 
100.17     Subdivision 1.  [COMMISSIONER'S NOTICE OF DISQUALIFICATION 
100.18  THAT IS RESCINDED OR SET ASIDE.] (a) Except as provided under 
100.19  paragraph (c), If the commissioner rescinds or sets aside a 
100.20  disqualification, the commissioner shall notify the applicant or 
100.21  license holder in writing or by electronic transmission of the 
100.22  decision.  In the notice from the commissioner that a 
100.23  disqualification has been rescinded, the commissioner must 
100.24  inform the license holder that the information relied upon to 
100.25  disqualify the individual was incorrect.  In the notice from the 
100.26  commissioner that a disqualification has been set aside, the 
100.27  commissioner must inform the license holder that information 
100.28  about the nature of the reason for the individual's 
100.29  disqualification and which factors under section 245C.22, 
100.30  subdivision 4, were the basis of the decision to set aside the 
100.31  disqualification are available to the license holder upon 
100.32  request without the consent of the background study subject. 
100.33     (b) With the written consent of the background study 
100.34  subject, the commissioner may release to the license holder 
100.35  copies of all information related to the background study 
100.36  subject's disqualification and the commissioner's decision to 
101.1   set aside the disqualification as specified in the written 
101.2   consent. 
101.3      (c) If the individual studied submits a timely request for 
101.4   reconsideration under section 245C.21 and the license holder was 
101.5   previously sent a notice under section 245C.17, subdivision 3, 
101.6   paragraph (d), and if the commissioner sets aside the 
101.7   disqualification for that license holder under section 245C.22, 
101.8   the commissioner shall send the license holder the same 
101.9   notification received by license holders in cases where the 
101.10  individual studied has no disqualifying characteristic. 
101.11     Sec. 13.  Minnesota Statutes 2004, section 245C.24, 
101.12  subdivision 2, is amended to read: 
101.13     Subd. 2.  [PERMANENT BAR TO SET ASIDE OF A 
101.14  DISQUALIFICATION.] The commissioner may not set aside the 
101.15  disqualification of an individual in connection with a 
101.16  license to provide family child care for children, foster care 
101.17  for children in the provider's home, or foster care or day care 
101.18  services for adults in the provider's home, issued or in 
101.19  application status under chapter 245A, regardless of how much 
101.20  time has passed, if the provider was disqualified for a crime or 
101.21  conduct listed in section 245C.15, subdivision 1. 
101.22     Sec. 14.  Minnesota Statutes 2004, section 245C.24, 
101.23  subdivision 3, is amended to read: 
101.24     Subd. 3.  [TEN-YEAR BAR TO SET ASIDE DISQUALIFICATION.] (a) 
101.25  The commissioner may not set aside the disqualification of an 
101.26  individual in connection with a license to provide family child 
101.27  care for children, foster care for children in the provider's 
101.28  home, or foster care or day care services for adults in the 
101.29  provider's home under chapter 245A if:  (1) less than ten years 
101.30  has passed since the discharge of the sentence imposed, if any, 
101.31  for the offense; and (2) the individual has been convicted 
101.32  of disqualified for a violation of any of the following 
101.33  offenses:  sections 609.165 (felon ineligible to possess 
101.34  firearm); criminal vehicular homicide under 609.21 (criminal 
101.35  vehicular homicide and injury); 609.215 (aiding suicide or 
101.36  aiding attempted suicide); felony violations under 609.223 or 
102.1   609.2231 (assault in the third or fourth degree); 609.713 
102.2   (terroristic threats); 609.235 (use of drugs to injure or to 
102.3   facilitate crime); 609.24 (simple robbery); 609.255 (false 
102.4   imprisonment); 609.562 (arson in the second degree); 609.71 
102.5   (riot); 609.498, subdivision 1 or 1b (aggravated first degree or 
102.6   first degree tampering with a witness); burglary in the first or 
102.7   second degree under 609.582, subdivision 2 (burglary in the 
102.8   second degree); 609.66, subdivision 1, 1a, 1b, 1c, 1d, 1f, 1g, 
102.9   or 1h (dangerous weapon); 609.665 (spring guns); 609.67 (machine 
102.10  guns and short-barreled shotguns); 609.749, subdivision 2 (gross 
102.11  misdemeanor harassment; stalking); 152.021 or 152.022 
102.12  (controlled substance crime in the first or second degree); 
102.13  152.023, subdivision 1, clause (3) or (4) or subdivision 2, 
102.14  clause (4) (controlled substance crime in the third degree); 
102.15  152.024, subdivision 1, clause (2), (3), or (4) (controlled 
102.16  substance crime in the fourth degree); 609.224, subdivision 2, 
102.17  paragraph (c) (fifth degree assault by a caregiver against a 
102.18  vulnerable adult); 609.23 (mistreatment of persons confined); 
102.19  609.231 (mistreatment of residents or patients); 609.2325 
102.20  (criminal abuse of a vulnerable adult); 609.233 (criminal 
102.21  neglect of a vulnerable adult); 609.2335 (financial exploitation 
102.22  of a vulnerable adult); 609.234 (failure to report); 609.265 
102.23  (abduction); 609.2664 to 609.2665 (manslaughter of an unborn 
102.24  child in the first or second degree); 609.267 to 609.2672 
102.25  (assault of an unborn child in the first, second, or third 
102.26  degree); 609.268 (injury or death of an unborn child in the 
102.27  commission of a crime); 617.293 (disseminating or displaying 
102.28  harmful material to minors); a felony-level conviction involving 
102.29  alcohol or drug use, a gross misdemeanor offense under 609.324, 
102.30  subdivision 1 (other prohibited acts); a gross misdemeanor 
102.31  offense under 609.378 (neglect or endangerment of a child); a 
102.32  gross misdemeanor offense under 609.377 (malicious punishment of 
102.33  a child); or 609.72, subdivision 3 (disorderly conduct against a 
102.34  vulnerable adult). 
102.35     (b) The commissioner may not set aside the disqualification 
102.36  of an individual if less than ten years have passed since the 
103.1   individual's aiding and abetting, attempt, or conspiracy to 
103.2   commit any of the offenses listed in paragraph (a) as each of 
103.3   these offenses is defined in Minnesota Statutes. 
103.4      (c) The commissioner may not set aside the disqualification 
103.5   of an individual if less than ten years have passed since the 
103.6   discharge of the sentence imposed for an offense in any other 
103.7   state or country, the elements of which are substantially 
103.8   similar to the elements of any of the offenses listed in 
103.9   paragraph (a). 
103.10     Sec. 15.  Minnesota Statutes 2004, section 245C.24, 
103.11  subdivision 4, is amended to read: 
103.12     Subd. 4.  [SEVEN-YEAR BAR TO SET ASIDE DISQUALIFICATION.] 
103.13  The commissioner may not set aside the disqualification of an 
103.14  individual in connection with a license to provide family child 
103.15  care for children, foster care for children in the provider's 
103.16  home, or foster care or day care services for adults in the 
103.17  provider's home under chapter 245A if within seven years 
103.18  preceding the study: 
103.19     (1) the individual committed an act that constitutes was 
103.20  determined to be responsible for maltreatment of a child under 
103.21  section 626.556, subdivision 10e, and: 
103.22     (i) the maltreatment is a disqualification under section 
103.23  245C.15, subdivision 4; and 
103.24     (ii) the maltreatment resulted in substantial bodily harm 
103.25  as defined in section 609.02, subdivision 7a, or substantial 
103.26  mental or emotional harm as supported by competent psychological 
103.27  or psychiatric evidence; or 
103.28     (2) the individual was determined to be responsible for 
103.29  maltreatment under section 626.557 to be the perpetrator of a 
103.30  substantiated incident of maltreatment of a vulnerable adult 
103.31  that, and: 
103.32     (i) the maltreatment is a disqualification under section 
103.33  245C.15, subdivision 4; and 
103.34     (ii) the maltreatment resulted in substantial bodily harm 
103.35  as defined in section 609.02, subdivision 7a, or substantial 
103.36  mental or emotional harm as supported by competent psychological 
104.1   or psychiatric evidence. 
104.2      Sec. 16.  Minnesota Statutes 2004, section 245C.24, is 
104.3   amended by adding a subdivision to read: 
104.4      Subd. 6.  [NOTIFICATION OF DISQUALIFICATIONS.] The 
104.5   commissioner shall expand notification of disqualifications to 
104.6   entities and inform the public about disqualifications as 
104.7   provided under this chapter and section 13.46. 
104.8      Sec. 17.  Minnesota Statutes 2004, section 245C.30, 
104.9   subdivision 1, is amended to read: 
104.10     Subdivision 1.  [LICENSE HOLDER VARIANCE.] (a) Except for 
104.11  any disqualification under section 245C.15, subdivision 1, when 
104.12  the commissioner has not set aside a background study subject's 
104.13  disqualification, and there are conditions under which the 
104.14  disqualified individual may provide direct contact services or 
104.15  have access to people receiving services that minimize the risk 
104.16  of harm to people receiving services, the commissioner may grant 
104.17  a time-limited variance to a license holder. 
104.18     (b) The variance shall state the reason for the 
104.19  disqualification, the services that may be provided by the 
104.20  disqualified individual, and the conditions with which the 
104.21  license holder or applicant must comply for the variance to 
104.22  remain in effect. 
104.23     (c) Except for programs licensed to provide family child 
104.24  care for children, foster care for children in the provider's 
104.25  own home, or foster care or day care services for adults in the 
104.26  provider's own home, the variance must be requested by the 
104.27  license holder. 
104.28     Sec. 18.  Minnesota Statutes 2004, section 245C.30, 
104.29  subdivision 2, is amended to read: 
104.30     Subd. 2.  [DISCLOSURE OF REASON FOR DISQUALIFICATION.] (a) 
104.31  The commissioner may not grant a variance for a disqualified 
104.32  individual unless the applicant or license holder requests the 
104.33  variance and the disqualified individual provides written 
104.34  consent for the commissioner to disclose to the applicant or 
104.35  license holder the reason for the disqualification; and the 
104.36  commissioner has documentation showing that the disqualified 
105.1   individual has been informed that if the variance is granted, 
105.2   the individual's identity, reason for disqualification, and 
105.3   terms of the variance will become public data. 
105.4      (b) This subdivision does not apply to programs licensed to 
105.5   provide family child care for children, foster care for children 
105.6   in the provider's own home, or foster care or day care services 
105.7   for adults in the provider's own home. 
105.8      Sec. 19.  Minnesota Statutes 2004, section 626.557, 
105.9   subdivision 12b, is amended to read: 
105.10     Subd. 12b.  [DATA MANAGEMENT.] (a)  [COUNTY DATA.] In 
105.11  performing any of the duties of this section as a lead agency, 
105.12  the county social service agency shall maintain appropriate 
105.13  records.  Data collected by the county social service agency 
105.14  under this section are welfare data under section 13.46.  
105.15  Notwithstanding section 13.46, subdivision 1, paragraph (a), 
105.16  data under this paragraph that are inactive investigative data 
105.17  on an individual who is a vendor of services are private data on 
105.18  individuals, as defined in section 13.02.  The identity of the 
105.19  reporter may only be disclosed as provided in paragraph (c). 
105.20     Data maintained by the common entry point are confidential 
105.21  data on individuals or protected nonpublic data as defined in 
105.22  section 13.02.  Notwithstanding section 138.163, the common 
105.23  entry point shall destroy data three calendar years after date 
105.24  of receipt. 
105.25     (b)  [LEAD AGENCY DATA.] The commissioners of health and 
105.26  human services shall prepare an investigation memorandum for 
105.27  each report alleging maltreatment investigated under this 
105.28  section.  During an investigation by the commissioner of health 
105.29  or the commissioner of human services, data collected under this 
105.30  section are confidential data on individuals or protected 
105.31  nonpublic data as defined in section 13.02.  Upon completion of 
105.32  the investigation, the data are classified as provided in 
105.33  clauses (1) to (3) and paragraph (c). 
105.34     (1) The investigation memorandum must contain the following 
105.35  data, which are public: 
105.36     (i) the name of the facility investigated; 
106.1      (ii) a statement of the nature of the alleged maltreatment; 
106.2      (iii) pertinent information obtained from medical or other 
106.3   records reviewed; 
106.4      (iv) the identity of the investigator; 
106.5      (v) a summary of the investigation's findings; 
106.6      (vi) statement of whether the report was found to be 
106.7   substantiated, inconclusive, false, or that no determination 
106.8   will be made; 
106.9      (vii) a statement of any action taken by the facility; 
106.10     (viii) a statement of any action taken by the lead agency; 
106.11  and 
106.12     (ix) when a lead agency's determination has substantiated 
106.13  maltreatment, a statement of whether an individual, individuals, 
106.14  or a facility were responsible for the substantiated 
106.15  maltreatment, if known. 
106.16     The investigation memorandum must be written in a manner 
106.17  which protects the identity of the reporter and of the 
106.18  vulnerable adult and may not contain the names or, to the extent 
106.19  possible, data on individuals or private data listed in clause 
106.20  (2). 
106.21     (2) Data on individuals collected and maintained in the 
106.22  investigation memorandum are private data, including: 
106.23     (i) the name of the vulnerable adult; 
106.24     (ii) the identity of the individual alleged to be the 
106.25  perpetrator; 
106.26     (iii) the identity of the individual substantiated as the 
106.27  perpetrator; and 
106.28     (iv) the identity of all individuals interviewed as part of 
106.29  the investigation. 
106.30     (3) Other data on individuals maintained as part of an 
106.31  investigation under this section are private data on individuals 
106.32  upon completion of the investigation. 
106.33     (c)  [IDENTITY OF REPORTER.] The subject of the report may 
106.34  compel disclosure of the name of the reporter only with the 
106.35  consent of the reporter or upon a written finding by a court 
106.36  that the report was false and there is evidence that the report 
107.1   was made in bad faith.  This subdivision does not alter 
107.2   disclosure responsibilities or obligations under the Rules of 
107.3   Criminal Procedure, except that where the identity of the 
107.4   reporter is relevant to a criminal prosecution, the district 
107.5   court shall do an in-camera review prior to determining whether 
107.6   to order disclosure of the identity of the reporter. 
107.7      (d)  [DESTRUCTION OF DATA.] Notwithstanding section 
107.8   138.163, data maintained under this section by the commissioners 
107.9   of health and human services must be destroyed under the 
107.10  following schedule: 
107.11     (1) data from reports determined to be false, two years 
107.12  after the finding was made; 
107.13     (2) data from reports determined to be inconclusive, four 
107.14  years after the finding was made; 
107.15     (3) data from reports determined to be substantiated, seven 
107.16  at least ten years after the finding was made; and 
107.17     (4) data from reports which were not investigated by a lead 
107.18  agency and for which there is no final disposition, two years 
107.19  from the date of the report. 
107.20     (e)  [SUMMARY OF REPORTS.] The commissioners of health and 
107.21  human services shall each annually report to the legislature and 
107.22  the governor on the number and type of reports of alleged 
107.23  maltreatment involving licensed facilities reported under this 
107.24  section, the number of those requiring investigation under this 
107.25  section, and the resolution of those investigations.  The report 
107.26  shall identify: 
107.27     (1) whether and where backlogs of cases result in a failure 
107.28  to conform with statutory time frames; 
107.29     (2) where adequate coverage requires additional 
107.30  appropriations and staffing; and 
107.31     (3) any other trends that affect the safety of vulnerable 
107.32  adults. 
107.33     (f)  [RECORD RETENTION POLICY.] Each lead agency must have 
107.34  a record retention policy. 
107.35     (g)  [EXCHANGE OF INFORMATION.] Lead agencies, prosecuting 
107.36  authorities, and law enforcement agencies may exchange not 
108.1   public data, as defined in section 13.02, if the agency or 
108.2   authority requesting the data determines that the data are 
108.3   pertinent and necessary to the requesting agency in initiating, 
108.4   furthering, or completing an investigation under this section.  
108.5   Data collected under this section must be made available to 
108.6   prosecuting authorities and law enforcement officials, local 
108.7   county agencies, and licensing agencies investigating the 
108.8   alleged maltreatment under this section.  The lead agency shall 
108.9   exchange not public data with the vulnerable adult maltreatment 
108.10  review panel established in section 256.021 if the data are 
108.11  pertinent and necessary for a review requested under that 
108.12  section.  Upon completion of the review, not public data 
108.13  received by the review panel must be returned to the lead agency.
108.14     (h)  [COMPLETION TIME.] Each lead agency shall keep records 
108.15  of the length of time it takes to complete its investigations. 
108.16     (i)  [NOTIFICATION OF OTHER AFFECTED PARTIES.] A lead 
108.17  agency may notify other affected parties and their authorized 
108.18  representative if the agency has reason to believe maltreatment 
108.19  has occurred and determines the information will safeguard the 
108.20  well-being of the affected parties or dispel widespread rumor or 
108.21  unrest in the affected facility. 
108.22     (j)  [FEDERAL REQUIREMENTS.] Under any notification 
108.23  provision of this section, where federal law specifically 
108.24  prohibits the disclosure of patient identifying information, a 
108.25  lead agency may not provide any notice unless the vulnerable 
108.26  adult has consented to disclosure in a manner which conforms to 
108.27  federal requirements. 
108.28                             ARTICLE 8 
108.29                     SEX OFFENDER POLICY BOARD 
108.30     Section 1.  [243.168] [SEX OFFENDER POLICY BOARD; 
108.31  ESTABLISHMENT; MEMBERSHIP; REPORTS.] 
108.32     Subdivision 1.  [ESTABLISHMENT.] A Sex Offender Policy 
108.33  Board is established to develop professional standards for 
108.34  treatment of sex offenders, including uniform supervision and 
108.35  treatment guidelines. 
108.36     (a) The governor shall appoint a Sex Offender Policy Board 
109.1   to serve in an advisory capacity to the governor.  The governor 
109.2   shall appoint to the board five professionals with relevant and 
109.3   complimentary experience in treatment, law enforcement, sex 
109.4   offender assessment, and sex offender management. 
109.5      (b) Members of the advisory committee appointed by the 
109.6   governor serve at the pleasure of the governor and their terms 
109.7   end with the term of the governor.  Members of the advisory 
109.8   committee serve without compensation but may be reimbursed for 
109.9   reasonable expenses as determined by the commissioner of public 
109.10  safety.  Notwithstanding section 15.059, the advisory committee 
109.11  does not expire until repealed by law. 
109.12     Subd. 2.  [REPORTS TO LEGISLATURE.] The board must submit 
109.13  reports to the legislature on the professional standards for 
109.14  treatment of sex offenders, including uniform supervision and 
109.15  treatment guidelines.