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 	13.461, by adding a subdivision; 13.82, by adding a
1.44 	subdivision; 13.851, subdivision 5, by adding a
1.45 	subdivision; 13D.05, subdivision 2; 144.335, by adding
1.46 	a subdivision; 144A.135; 241.67, subdivision 3;
2.1 	242.195, subdivision 1; 243.166; 243.167; 244.05,
2.2 	subdivisions 4, 5, 6, 7; 244.052, subdivisions 3, 4,
2.3 	by adding subdivisions; 245C.03, subdivision 1;
2.4 	245C.13, subdivision 2; 245C.15, subdivisions 1, 2, 3,
2.5 	4; 245C.17, subdivisions 1, 2, 3; 245C.21,
2.6 	subdivisions 3, 4; 245C.22, by adding a subdivision;
2.7 	245C.23, subdivision 1; 245C.24, subdivisions 2, 3, 4,
2.8 	by adding a subdivision; 245C.30, subdivisions 1, 2;
2.9 	246.13; 253B.02, subdivision 4a, by adding
2.10 	subdivisions; 253B.08, subdivision 2; 253B.18,
2.11 	subdivisions 4a, 5, by adding a subdivision; 299C.093;
2.12 	609.108, subdivisions 3, 4, 7; 609.109, subdivisions
2.13 	2, 5, 7; 609.117, subdivisions 1, 2; 609.1351;
2.14 	609.2231, subdivision 3; 609.341, by adding
2.15 	subdivisions; 609.342, subdivisions 2, 3; 609.343,
2.16 	subdivisions 2, 3; 609.344, subdivisions 2, 3;
2.17 	609.345, subdivisions 2, 3; 609.347; 609.3471;
2.18 	609.348; 609.353; 609.485, subdivisions 2, 4; 617.23,
2.19 	subdivisions 2, 3; 626.556, subdivision 3; 626.557,
2.20 	subdivisions 12b, 14; 631.045; proposing coding for
2.21 	new law in Minnesota Statutes, chapters 243; 244; 609;
2.22 	repealing Minnesota Statutes 2004, sections 243.166,
2.23 	subdivisions 1, 8; 246.017, subdivision 1; 609.108,
2.24 	subdivision 2.
2.25 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.26 	ARTICLE 1
2.27 	SEX OFFENDERS:
2.28 	LIFE WITHOUT RELEASE SENTENCES FOR CERTAIN SEX OFFENSES;
2.29 	INDETERMINATE LIFE SENTENCES FOR OTHER SEX OFFENSES;
2.30 	INCREASED STATUTORY MAXIMUMS;
2.31 	DIRECTION TO SENTENCING GUIDELINES COMMISSION

2.32 	Section 1. Minnesota Statutes 2004, section 13.851,
2.33 	subdivision 5, is amended to read:
2.34 		Subd. 5.Sex offenders; civil commitment determination;
2.35 	commissioner of corrections.  Data provided to the county
2.36 	attorney under section 244.05, subdivision 7, and to the
2.37 	Minnesota Sex Offender Review Board under section 244.05,
2.38 	subdivision 5,are governed by that section.

2.39 	Sec. 2. Minnesota Statutes 2004, section 244.05,
2.40 	subdivision 4, is amended to read:
2.41 		Subd. 4.Minimum imprisonment, life sentence. (a) An
2.42 	inmate serving a mandatory life sentence under section 609.106,
2.43 	609.342, subdivision 2, paragraph (c), or 609.343, subdivision
2.44 	2, paragraph (c),must not be given supervised release under
2.45 	this section.
2.46 	(b) An inmate serving a mandatory life sentence under
2.47 	section 609.185, clause (1), (3), (5), or (6); or 609.109,
3.1 	subdivision 2a 3, must not be given supervised release under
3.2 	this section without having served a minimum term of 30 years.
3.3 	(c) An inmate serving a mandatory life sentence under
3.4 	section 609.385 must not be given supervised release under this
3.5 	section without having served a minimum term of imprisonment of
3.6 	17 years.
3.7 	(d) An inmate serving a mandatory life sentence under
3.8 	section 609.342, subdivision 2, paragraph (b); 609.343,
3.9 	subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph
3.10 	(b); 609.345, subdivision 2, paragraph (b); or 609.3453,
3.11 	subdivision 2, paragraph (b), must not be given supervised
3.12 	release under this section without having served a minimum term
3.13 	of imprisonment of 20 years.  If the sentencing court imposed a
3.14 	sentence with a term of imprisonment of more than 20 years, the
3.15 	inmate may not be given supervised release without having served
3.16 	that term.
3.17 	
EFFECTIVE DATE. This section is effective August 1, 2005,
3.18 	and applies to crimes committed on or after that date.

3.19 	Sec. 3. Minnesota Statutes 2004, section 244.05,
3.20 	subdivision 5, is amended to read:
3.21 		Subd. 5.Supervised release, life sentence.  (a) The
3.22 	commissioner of corrections may, under rules promulgated by the
3.23 	commissioner, give supervised release to an inmate serving a
3.24 	mandatory life sentence under section 609.185, clause (1), (3),
3.25 	(5), or (6); 609.109, subdivision 2a 3; or 609.385 after the
3.26 	inmate has served the minimum term of imprisonment specified in
3.27 	subdivision 4.
3.28 	(b) The commissioner shall give supervised release to an
3.29 	inmate serving a mandatory life sentence under section 609.342,
3.30 	subdivision 2, paragraph (b); 609.343, subdivision 2, paragraph
3.31 	(b); 609.344, subdivision 2, paragraph (b); 609.345, subdivision
3.32 	2, paragraph (b); or 609.3453, subdivision 2, paragraph (b),
3.33 	when directed to do so by the Sex Offender Review Board under
3.34 	section 244.0515.
3.35 	(c) The commissioner shall require the preparation of a
3.36 	community investigation report and shall consider the findings
4.1 	of the report when making a supervised release decision under
4.2 	this subdivision.  The report shall reflect the sentiment of the
4.3 	various elements of the community toward the inmate, both at the
4.4 	time of the offense and at the present time.  The report shall
4.5 	include the views of the sentencing judge, the prosecutor, any
4.6 	law enforcement personnel who may have been involved in the
4.7 	case, and any successors to these individuals who may have
4.8 	information relevant to the supervised release decision.  The
4.9 	report shall also include the views of the victim and the
4.10 	victim's family unless the victim or the victim's family chooses
4.11 	not to participate. The commissioner shall submit the report
4.12 	required by this paragraph to the Minnesota Sex Offender Review
4.13 	Board to assist the board in making release decisions under
4.14 	section 244.0515.  The commissioner also shall give the board,
4.15 	on request, any and all information the commissioner gathered
4.16 	for use in compiling the report.
4.17 	(c) (d) The commissioner shall make reasonable efforts to
4.18 	notify the victim, in advance, of the time and place of the
4.19 	inmate's supervised release review hearing.  The victim has a
4.20 	right to submit an oral or written statement at the review
4.21 	hearing.  The statement may summarize the harm suffered by the
4.22 	victim as a result of the crime and give the victim's
4.23 	recommendation on whether the inmate should be given supervised
4.24 	release at this time.  The commissioner must consider the
4.25 	victim's statement when making the supervised release decision.
4.26 	(d) (e) As used in this subdivision, "victim" means the
4.27 	individual who suffered harm as a result of the inmate's crime
4.28 	or, if the individual is deceased, the deceased's surviving
4.29 	spouse or next of kin.
4.30 	
EFFECTIVE DATE. This section is effective August 1, 2005,
4.31 	and applies to crimes committed on or after that date.

4.32 	Sec. 4. Minnesota Statutes 2004, section 609.108,
4.33 	subdivision 3, is amended to read:
4.34 		Subd. 3.Predatory crime. A predatory crime is a felony
4.35 	violation of section 609.185, 609.19, 609.195, 609.20, 609.205,
4.36 	609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255,
5.1 	609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561,
5.2 	or 609.582, subdivision 1.As used in this section, "predatory
5.3 	crime" has the meaning given in section 609.341, subdivision 24.
5.4 	
EFFECTIVE DATE. This section is effective August 1, 2005,
5.5 	and applies to crimes committed on or after that date.

5.6 	Sec. 5. Minnesota Statutes 2004, section 609.108,
5.7 	subdivision 4, is amended to read:
5.8 		Subd. 4.Danger to public safety.  The court fact finder 
5.9 	shall base its finding that the offender is a danger to public
5.10 	safety on any of the following factors:
5.11 	(1) the crime involved an aggravating factor that would
5.12 	justify a durational departure from the presumptive sentence
5.13 	under the Sentencing Guidelines;
5.14 	(2) the offender previously committed or attempted to
5.15 	commit a predatory crime or a violation of section 609.224 or
5.16 	609.2242, including:
5.17 	(i) an offense committed as a juvenile that would have been
5.18 	a predatory crime or a violation of section 609.224 or 609.2242
5.19 	if committed by an adult; or
5.20 	(ii) a violation or attempted violation of a similar law of
5.21 	any other state or the United States; or
5.22 	(3) the offender planned or prepared for the crime prior to
5.23 	its commission.
5.24 	
EFFECTIVE DATE. This section is effective August 1, 2005,
5.25 	and applies to crimes committed on or after that date.

5.26 	Sec. 6. Minnesota Statutes 2004, section 609.109,
5.27 	subdivision 7, is amended to read:
5.28 		Subd. 7.Conditional release of sex offenders.  (a)
5.29 	Notwithstanding the statutory maximum sentence otherwise
5.30 	applicable to the offense or any provision of the Sentencing
5.31 	Guidelines, when a court sentences a person to prison for a
5.32 	violation of section 609.342, 609.343, 609.344, or 609.345, or
5.33 	609.3453,the court shall provide that after the person has
5.34 	completed the sentence imposed, the commissioner of corrections
5.35 	shall place the person on conditional release.
5.36 	If the person was convicted for a violation of section
6.1 	609.342, 609.343, 609.344, or 609.345, or 609.3453,the person
6.2 	shall be placed on conditional release for five years, minus the
6.3 	time the person served on supervised release.
6.4 	If the person was convicted for a violation of one of those
6.5 	sections after a previous sex offense conviction as defined in
6.6 	subdivision 5, or sentenced under subdivision 6 to a mandatory
6.7 	departure, the person shall be placed on conditional release for
6.8 	ten years, minus the time the person served on supervised
6.9 	release.
6.10 	(b) The conditions of release may include successful
6.11 	completion of treatment and aftercare in a program approved by
6.12 	the commissioner, satisfaction of the release conditions
6.13 	specified in section 244.05, subdivision 6, and any other
6.14 	conditions the commissioner considers appropriate.  If the
6.15 	offender fails to meet any condition of release, the
6.16 	commissioner may revoke the offender's conditional release and
6.17 	order that the offender serve the remaining portion of the
6.18 	conditional release term in prison.  The commissioner shall not
6.19 	dismiss the offender from supervision before the conditional
6.20 	release term expires.
6.21 	Conditional release under this subdivision is governed by
6.22 	provisions relating to supervised release, except as otherwise
6.23 	provided in this subdivision, section 244.04, subdivision 1, or
6.24 	244.05.
6.25 	(c) The commissioner shall pay the cost of treatment of a
6.26 	person released under this subdivision.  This section does not
6.27 	require the commissioner to accept or retain an offender in a
6.28 	treatment program.
6.29 	
EFFECTIVE DATE. This section is effective August 1, 2005,
6.30 	and applies to crimes committed on or after that date.

6.31 	Sec. 7. Minnesota Statutes 2004, section 609.341, is
6.32 	amended by adding a subdivision to read:
6.33 		Subd. 22.Sex offense. Except for section 609.3452, "sex
6.34 	offense" means any violation of, or attempt to violate, section
6.35 	609.342 (first degree criminal sexual conduct), 609.343 (second
6.36 	degree criminal sexual conduct), 609.344 (third degree criminal
7.1 	sexual conduct), 609.345 (fourth degree criminal sexual
7.2 	conduct), 609.3451 (fifth degree criminal sexual conduct),
7.3 	609.3453 (criminal sexual predatory conduct), 609.352
7.4 	(solicitation of a child to engage in sexual conduct), 617.23
7.5 	(indecent exposure), 617.246 (use of minors in sexual
7.6 	performance), 617.247 (possession of pornographic work involving
7.7 	minors), or any similar statute of the United States or any
7.8 	other state.
7.9 	
EFFECTIVE DATE. This section is effective August 1, 2005,
7.10 	and applies to crimes committed on or after that date.

7.11 	Sec. 8. Minnesota Statutes 2004, section 609.341, is
7.12 	amended by adding a subdivision to read:
7.13 		Subd. 23.Subsequent sex offense. "Subsequent sex
7.14 	offense" means a violation of section 609.342 (first degree
7.15 	criminal sexual conduct), 609.343 (second degree criminal sexual
7.16 	conduct), 609.344 (third degree criminal sexual conduct),
7.17 	609.345 (fourth degree criminal sexual conduct), or 609.3453
7.18 	(criminal sexual predatory conduct) for which the offender is
7.19 	convicted after the offender has already been convicted or
7.20 	adjudicated delinquent for the following, involving a separate
7.21 	behavioral incident, regardless of when the behavioral incidents
7.22 	occurred:
7.23 	(1) another felony-level sex offense;
7.24 	(2) two non-felony-level sex offenses; or 
7.25 	(3) any felony-level predatory crime that the fact finder
7.26 	determines was motivated by the offender's sexual impulses or
7.27 	was part of a predatory pattern of behavior that had criminal
7.28 	sexual conduct as its goal.
7.29 	
EFFECTIVE DATE. This section is effective August 1, 2005,
7.30 	and applies to crimes committed on or after that date.

7.31 	Sec. 9. Minnesota Statutes 2004, section 609.341, is
7.32 	amended by adding a subdivision to read:
7.33 		Subd. 24.Predatory crime. "Predatory crime" means a
7.34 	felony violation of section 609.185 (first degree murder),
7.35 	609.19 (second degree murder), 609.195 (third degree murder),
7.36 	609.20 (first degree manslaughter), 609.205 (second degree
8.1 	manslaughter), 609.221 (first degree assault), 609.222 (second
8.2 	degree assault), 609.223 (third degree assault), 609.24 (simple
8.3 	robbery), 609.245 (aggravated robbery), 609.25 (kidnapping),
8.4 	609.255 (false imprisonment), 609.365 (incest), 609.498
8.5 	(tampering with a witness), 609.561 (first degree arson), or
8.6 	609.582, subdivision 1 (first degree burglary).
8.7 	
EFFECTIVE DATE. This section is effective August 1, 2005,
8.8 	and applies to crimes committed on or after that date.

8.9 	Sec. 10. Minnesota Statutes 2004, section 609.342,
8.10 	subdivision 2, is amended to read:
8.11 		Subd. 2.Penalty.  (a) Except as otherwise provided
8.12 	in section 609.109paragraph (b) or (c), or section 609.109, a
8.13 	person convicted under subdivision 1 may be sentenced to
8.14 	imprisonment for not more than 30 60 years or to a payment of a
8.15 	fine of not more than $40,000, or both.
8.16 	(b) Unless a longer mandatory minimum sentence is otherwise
8.17 	required by law or the Sentencing Guidelines provide for a
8.18 	longer presumptive executed sentence, the court shall presume
8.19 	that an executed sentence of 144 months must be imposed on an
8.20 	offender convicted of violating this section. Except as
8.21 	provided in paragraph (b) or (c),sentencing a person in a
8.22 	manner other than that described in this paragraph is a
8.23 	departure from the Sentencing Guidelines.
8.24 	(b) The court shall sentence a person to imprisonment for
8.25 	life if:
8.26 	(1) the person was convicted under subdivision 1, paragraph
8.27 	(c), (d), (e), (f), or (h); or 
8.28 	(2) the person was convicted under subdivision 1 of a
8.29 	subsequent sex offense.
8.30 	Unless a longer mandatory minimum sentence is otherwise
8.31 	required by law or the Sentencing Guidelines provide for a
8.32 	longer presumptive executed sentence, and the court imposes this
8.33 	sentence, the court shall specify a minimum term of imprisonment
8.34 	of 20 years that must be served before the offender may be
8.35 	considered for supervised release.
8.36 	(c) The court shall sentence a person to imprisonment for
9.1 	life without the possibility of release if the person is
9.2 	convicted of violating subdivision 1, paragraph (c), (d), (e),
9.3 	(f), or (h), and the fact finder determines beyond a reasonable
9.4 	doubt that any of the following circumstances exist:
9.5 	(1) the offender tortured the complainant;
9.6 	(2) the offender intentionally inflicted great bodily harm
9.7 	upon the complainant;
9.8 	(3) the offender, without the complainant's consent,
9.9 	removed the complainant from one place to another and did not
9.10 	release the complainant in a safe place;
9.11 	(4) the complainant was aged 13 or younger at the time of
9.12 	the offense;
9.13 	(5) the complainant was aged 70 or older at the time of the
9.14 	offense;
9.15 	(6) the offender was armed with a dangerous weapon or any
9.16 	article used or fashioned in a manner to lead the complainant to
9.17 	reasonably believe it to be a dangerous weapon and used or
9.18 	threatened to use the weapon or article to cause the complainant
9.19 	to submit;
9.20 	(7) the charged offense involved sexual penetration or
9.21 	sexual contact with more than one victim; or 
9.22 	(8) the offense involved more than one perpetrator engaging
9.23 	in sexual penetration or sexual contact with the complainant.
9.24 	The fact finder may not consider a circumstance described
9.25 	in clauses (1) to (8), if it is an element of the underlying
9.26 	specified violation of subdivision 1.
9.27 	As used in this paragraph, "torture" means the intentional
9.28 	infliction of extreme mental anguish, or extreme psychological
9.29 	or physical abuse, when committed in an especially depraved
9.30 	manner.
9.31 	(d) In addition to the sentence imposed under paragraph
9.32 	(a), (b), or (c), the person may also be sentenced to the
9.33 	payment of a fine of not more than $40,000.
9.34 	
EFFECTIVE DATE. This section is effective August 1, 2005,
9.35 	and applies to crimes committed on or after that date.

9.36 	Sec. 11. Minnesota Statutes 2004, section 609.342,
10.1 	subdivision 3, is amended to read:
10.2 		Subd. 3.Stay.  Except when imprisonment is required
10.3 	under subdivision 2, paragraph (b) or (c), or section 609.109,
10.4 	if a person is convicted under subdivision 1, clause (g), the
10.5 	court may stay imposition or execution of the sentence if it
10.6 	finds that:
10.7 	(a) a stay is in the best interest of the complainant or
10.8 	the family unit; and
10.9 	(b) a professional assessment indicates that the offender
10.10 	has been accepted by and can respond to a treatment program.
10.11 	If the court stays imposition or execution of sentence, it
10.12 	shall include the following as conditions of probation:
10.13 	(1) incarceration in a local jail or workhouse;
10.14 	(2) a requirement that the offender complete a treatment
10.15 	program; and
10.16 	(3) a requirement that the offender have no unsupervised
10.17 	contact with the complainant until the offender has successfully
10.18 	completed the treatment program unless approved by the treatment
10.19 	program and the supervising correctional agent.
10.20 	
EFFECTIVE DATE. This section is effective August 1, 2005,
10.21 	and applies to crimes committed on or after that date.

10.22 	Sec. 12. Minnesota Statutes 2004, section 609.343,
10.23 	subdivision 2, is amended to read:
10.24 		Subd. 2.Penalty.  (a) Except as otherwise provided
10.25 	in paragraph (b) or (c) or section 609.109, a person convicted
10.26 	under subdivision 1 may be sentenced to imprisonment for not
10.27 	more than 25 50 years or to a payment of a fine of not more than
10.28 	$35,000, or both.
10.29 	(b) Unless a longer mandatory minimum sentence is otherwise
10.30 	required by law or the Sentencing Guidelines provide for a
10.31 	longer presumptive executed sentence, the court shall presume
10.32 	that an executed sentence of 90 months must be imposed on an
10.33 	offender convicted of violating subdivision 1, clause (c), (d),
10.34 	(e), (f), or (h).  Sentencing a person in a manner other than
10.35 	that described in this paragraph is a departure from the
10.36 	Sentencing Guidelines.
11.1 	(b) The court shall sentence a person to imprisonment for
11.2 	life if:
11.3 	(1) the person was convicted under subdivision 1, paragraph
11.4 	(c), (d), (e), (f), or (h); or 
11.5 	(2) the person was convicted under subdivision 1 of a
11.6 	subsequent sex offense.
11.7 	Unless a longer mandatory minimum sentence is otherwise
11.8 	required by law or the Sentencing Guidelines provide for a
11.9 	longer presumptive executed sentence, and the court imposes this
11.10 	sentence, the court shall specify a minimum term of imprisonment
11.11 	of 20 years that must be served before the offender may be
11.12 	considered for supervised release.
11.13 	(c) The court shall sentence a person to imprisonment for
11.14 	life without the possibility of release if the person is
11.15 	convicted of violating subdivision 1, paragraph (c), (d), (e),
11.16 	(f), or (h), and the fact finder determines beyond a reasonable
11.17 	doubt that any of the following circumstances exist:
11.18 	(1) the offender tortured the complainant;
11.19 	(2) the offender intentionally inflicted great bodily harm
11.20 	upon the complainant;
11.21 	(3) the offender, without the complainant's consent,
11.22 	removed the complainant from one place to another and did not
11.23 	release the complainant in a safe place;
11.24 	(4) the complainant was aged 13 or younger at the time of
11.25 	the offense;
11.26 	(5) the complainant was aged 70 or older at the time of the
11.27 	offense;
11.28 	(6) the offender was armed with a dangerous weapon or any
11.29 	article used or fashioned in a manner to lead the complainant to
11.30 	reasonably believe it to be a dangerous weapon and used or
11.31 	threatened to use the weapon or article to cause the complainant
11.32 	to submit;
11.33 	(7) the charged offense involved sexual penetration or
11.34 	sexual contact with more than one victim; or 
11.35 	(8) the offense involved more than one perpetrator engaging
11.36 	in sexual penetration or sexual contact with the complainant.
12.1 	The fact finder may not consider a circumstance described
12.2 	in clauses (1) to (8), if it is an element of the underlying
12.3 	specified violation of subdivision 1.
12.4 	As used in this paragraph, "torture" means the intentional
12.5 	infliction of extreme mental anguish, or extreme psychological
12.6 	or physical abuse, when committed in an especially depraved
12.7 	manner.
12.8 	(d) In addition to the sentence imposed under paragraph
12.9 	(a), (b), or (c), the person may also be sentenced to the
12.10 	payment of a fine of not more than $35,000.
12.11 	
EFFECTIVE DATE. This section is effective August 1, 2005,
12.12 	and applies to crimes committed on or after that date.

12.13 	Sec. 13. Minnesota Statutes 2004, section 609.343,
12.14 	subdivision 3, is amended to read:
12.15 		Subd. 3.Stay.  Except when imprisonment is required
12.16 	under subdivision 2, paragraph (b) or (c), or section 609.109,
12.17 	if a person is convicted under subdivision 1, clause (g), the
12.18 	court may stay imposition or execution of the sentence if it
12.19 	finds that:
12.20 	(a) a stay is in the best interest of the complainant or
12.21 	the family unit; and
12.22 	(b) a professional assessment indicates that the offender
12.23 	has been accepted by and can respond to a treatment program.
12.24 	If the court stays imposition or execution of sentence, it
12.25 	shall include the following as conditions of probation:
12.26 	(1) incarceration in a local jail or workhouse;
12.27 	(2) a requirement that the offender complete a treatment
12.28 	program; and
12.29 	(3) a requirement that the offender have no unsupervised
12.30 	contact with the complainant until the offender has successfully
12.31 	completed the treatment program unless approved by the treatment
12.32 	program and the supervising correctional agent.
12.33 	
EFFECTIVE DATE. This section is effective August 1, 2005,
12.34 	and applies to crimes committed on or after that date.

12.35 	Sec. 14. Minnesota Statutes 2004, section 609.344,
12.36 	subdivision 2, is amended to read:
13.1 		Subd. 2.Penalty. (a) Except as otherwise provided in
13.2 	paragraph (b),a person convicted under subdivision 1 may be
13.3 	sentenced to imprisonment for not more than 15 30 years or to a
13.4 	payment of a fine of not more than $30,000, or both.
13.5 	(b) A person convicted under subdivision 1 of a subsequent
13.6 	sex offense shall be sentenced to imprisonment for life.  Unless
13.7 	a longer mandatory minimum sentence is otherwise required by law
13.8 	or the Sentencing Guidelines provide for a longer presumptive
13.9 	executed sentence, and the court imposes this sentence, the
13.10 	court shall specify a minimum term of imprisonment of 20 years
13.11 	that must be served before the offender may be considered for
13.12 	supervised release.
13.13 	(c) In addition to the sentence imposed under paragraph (a)
13.14 	or (b), the person may also be sentenced to the payment of a
13.15 	fine of not more than $30,000.
13.16 	
EFFECTIVE DATE. This section is effective August 1, 2005,
13.17 	and applies to crimes committed on or after that date.

13.18 	Sec. 15. Minnesota Statutes 2004, section 609.344,
13.19 	subdivision 3, is amended to read:
13.20 		Subd. 3.Stay.  Except when imprisonment is required
13.21 	under subdivision 2, paragraph (b), or section 609.109, if a
13.22 	person is convicted under subdivision 1, clause (f), the court
13.23 	may stay imposition or execution of the sentence if it finds
13.24 	that:
13.25 	(a) a stay is in the best interest of the complainant or
13.26 	the family unit; and
13.27 	(b) a professional assessment indicates that the offender
13.28 	has been accepted by and can respond to a treatment program.
13.29 	If the court stays imposition or execution of sentence, it
13.30 	shall include the following as conditions of probation:
13.31 	(1) incarceration in a local jail or workhouse;
13.32 	(2) a requirement that the offender complete a treatment
13.33 	program; and
13.34 	(3) a requirement that the offender have no unsupervised
13.35 	contact with the complainant until the offender has successfully
13.36 	completed the treatment program unless approved by the treatment
14.1 	program and the supervising correctional agent.
14.2 	
EFFECTIVE DATE. This section is effective August 1, 2005,
14.3 	and applies to crimes committed on or after that date.

14.4 	Sec. 16. Minnesota Statutes 2004, section 609.345,
14.5 	subdivision 2, is amended to read:
14.6 		Subd. 2.Penalty. (a) Except as otherwise provided in
14.7 	paragraph (b),a person convicted under subdivision 1 may be
14.8 	sentenced to imprisonment for not more than ten 20 years or to a
14.9 	payment of a fine of not more than $20,000, or both.
14.10 	(b) A person convicted under subdivision 1 of a subsequent
14.11 	sex offense shall be sentenced to imprisonment for life.  Unless
14.12 	a longer mandatory minimum sentence is otherwise required by law
14.13 	or the Sentencing Guidelines provide for a longer presumptive
14.14 	executed sentence, and the court imposes this sentence, the
14.15 	court shall specify a minimum term of imprisonment of 20 years
14.16 	that must be served before the offender may be considered for
14.17 	supervised release.
14.18 	(c) In addition to the sentence imposed under paragraph (a)
14.19 	or (b), the person may also be sentenced to the payment of a
14.20 	fine of not more than $20,000.
14.21 	
EFFECTIVE DATE. This section is effective August 1, 2005,
14.22 	and applies to crimes committed on or after that date.

14.23 	Sec. 17. Minnesota Statutes 2004, section 609.345,
14.24 	subdivision 3, is amended to read:
14.25 		Subd. 3.Stay.  Except when imprisonment is required
14.26 	under subdivision 2, paragraph (b), or section 609.109, if a
14.27 	person is convicted under subdivision 1, clause (f), the court
14.28 	may stay imposition or execution of the sentence if it finds
14.29 	that:
14.30 	(a) a stay is in the best interest of the complainant or
14.31 	the family unit; and
14.32 	(b) a professional assessment indicates that the offender
14.33 	has been accepted by and can respond to a treatment program.
14.34 	If the court stays imposition or execution of sentence, it
14.35 	shall include the following as conditions of probation:
14.36 	(1) incarceration in a local jail or workhouse;
15.1 	(2) a requirement that the offender complete a treatment
15.2 	program; and
15.3 	(3) a requirement that the offender have no unsupervised
15.4 	contact with the complainant until the offender has successfully
15.5 	completed the treatment program unless approved by the treatment
15.6 	program and the supervising correctional agent.
15.7 	
EFFECTIVE DATE. This section is effective August 1, 2005,
15.8 	and applies to crimes committed on or after that date.

15.9 	Sec. 18. [609.3453] CRIMINAL SEXUAL PREDATORY CONDUCT.
15.10 		Subdivision 1.Crime defined. A person is guilty of
15.11 	criminal sexual predatory conduct if the person commits a
15.12 	predatory crime that was motivated by the offender's sexual
15.13 	impulses or was part of a predatory pattern of behavior that had
15.14 	criminal sexual conduct as its goal.
15.15 		Subd. 2.Penalty. (a) Except as provided in paragraph
15.16 	(b), a person convicted under subdivision 1 may be sentenced to
15.17 	imprisonment for not more than 15 years.
15.18 	(b) A person convicted under subdivision 1 of a subsequent
15.19 	sex offense shall be sentenced to imprisonment for life.  Unless
15.20 	a longer mandatory minimum sentence is otherwise required by law
15.21 	or the Sentencing Guidelines provide for a longer presumptive
15.22 	executed sentence, and the court imposes this sentence, the
15.23 	court shall specify a minimum term of imprisonment of 20 years
15.24 	that must be served before the offender may be considered for
15.25 	supervised release.
15.26 	(c) In addition to the sentence imposed under paragraph (a)
15.27 	or (b), the person may also be sentenced to the payment of a
15.28 	fine of not more than $20,000.
15.29 	
EFFECTIVE DATE. This section is effective August 1, 2005,
15.30 	and applies to crimes committed on or after that date.

15.31 	Sec. 19. SENTENCING GUIDELINES; CHANGES MANDATED.
 15.32 	(a) The Sentencing Guidelines Commission shall modify the
15.33 	Sentencing Guidelines, including the guidelines grid, to reflect
15.34 	the changes made in this act.
15.35 	(b) The commission shall make the sex offender-related
15.36 	modifications to the guidelines and grid proposed in the
16.1 	commission's January 2005 report to the legislature, including
16.2 	creating a separate sex offender grid, and changing the method
16.3 	used to calculate the weights assigned to sex offenses when
16.4 	calculating an offender's criminal history.  However, the
16.5 	commission shall adapt the proposed modifications to reflect the
16.6 	restructuring of sex offense sentences under this article.
16.7 	(c) Modifications made by the commission under this section
16.8 	take effect August 1, 2005.

16.9 	EFFECTIVE DATE. This section is effective the day
16.10 	following final enactment.

16.11 	Sec. 20. REPEALER.
 16.12 	Minnesota Statutes 2004, section 609.108, subdivision 2, is
16.13 	repealed.

16.14 	EFFECTIVE DATE. This section is effective August 1, 2005,
16.15 	and applies to crimes committed on or after that date.

16.16 	ARTICLE 2
16.17 	MINNESOTA SEX OFFENDER REVIEW BOARD

16.18 	Section 1. Minnesota Statutes 2004, section 13.851, is
16.19 	amended by adding a subdivision to read:
16.20 		Subd. 9.Predatory offenders; minnesota sex offender
16.21 	review board. Certain data classified under this chapter are
16.22 	made accessible to the Minnesota Sex Offender Review Board under
16.23 	section 244.0515.
16.24 	
EFFECTIVE DATE. This section is effective August 1, 2005.

16.25 	Sec. 2. Minnesota Statutes 2004, section 13D.05,
16.26 	subdivision 2, is amended to read:
16.27 		Subd. 2.When meeting must be closed.  (a) Any portion of
16.28 	a meeting must be closed if expressly required by other law or
16.29 	if the following types of data are discussed:
16.30 	(1) data that would identify alleged victims or reporters
16.31 	of criminal sexual conduct, domestic abuse, or maltreatment of
16.32 	minors or vulnerable adults;
16.33 	(2) active investigative data as defined in section 13.82,
16.34 	subdivision 7, or internal affairs data relating to allegations
16.35 	of law enforcement personnel misconduct collected or created by
16.36 	a state agency, statewide system, or political subdivision; or
17.1 	(3) educational data, health data, medical data, welfare
17.2 	data, or mental health data that are not public data under
17.3 	section 13.32, 13.3805, subdivision 1, 13.384, or 13.46,
17.4 	subdivision 2 or 7.
17.5 	(b) A public body shall close one or more meetings for
17.6 	preliminary consideration of allegations or charges against an
17.7 	individual subject to its authority.  If the members conclude
17.8 	that discipline of any nature may be warranted as a result of
17.9 	those specific charges or allegations, further meetings or
17.10 	hearings relating to those specific charges or allegations held
17.11 	after that conclusion is reached must be open.  A meeting must
17.12 	also be open at the request of the individual who is the subject
17.13 	of the meeting.
17.14 	(c) The Minnesota Sex Offender Review Board authorized by
17.15 	section 244.0515 must close a meeting to deliberate whether an
17.16 	inmate's petition meets the criteria for release established by
17.17 	the board.  The board must identify the inmate whose petition
17.18 	will be deliberated.  At its next open meeting, the board shall
17.19 	summarize its deliberations regarding the inmate's petition.

17.20 	Sec. 3. [244.0515] MINNESOTA SEX OFFENDER REVIEW BOARD.
17.21 		Subdivision 1.Definitions. As used in this section, the
17.22 	following terms have the meanings given:
17.23 	(1) "board" means the Minnesota Sex Offender Review Board;
17.24 	and 
17.25 	(2) "commissioner" means the commissioner of corrections.
17.26 		Subd. 2.Responsibilities. The board is responsible for
17.27 	making decisions regarding the release of inmates sentenced to
17.28 	life sentences under section 609.342, subdivision 2, paragraph
17.29 	(b); 609.343, subdivision 2, paragraph (b); 609.344, subdivision
17.30 	2, paragraph (b); 609.345, subdivision 2, paragraph (b); or
17.31 	609.3453, subdivision 2, paragraph (b).
17.32 		Subd. 3.Exemption from chapter 14. (a) For the purposes
17.33 	of this section and except as provided in paragraph (b), the
17.34 	board and the commissioner are not subject to chapter 14.
17.35 	(b) The board and the commissioner may adopt rules under
17.36 	section 14.389 to implement this section.
18.1 	
EFFECTIVE DATE. This section is effective August 1, 2005.

18.2 	Sec. 4. DIRECTION TO COMMISSIONER OF CORRECTIONS.
 18.3 	(a) The commissioner of corrections shall establish
18.4 	criteria and procedures for the Minnesota Sex Offender Review
18.5 	Board, established under Minnesota Statutes, section 244.0515.
18.6 	The commissioner shall develop recommendations for the
18.7 	composition, duties, procedures, and review criteria for release
18.8 	of sex offenders.  The proposed procedures and review criteria
18.9 	shall be for use by the board in making release and revocation
18.10 	decisions on offenders sentenced under Minnesota Statutes,
18.11 	section 609.342, subdivision 2, paragraph (b); 609.343,
18.12 	subdivision 2, paragraph (b); 609.344, subdivision 2, paragraph
18.13 	(b); 609.345, subdivision 2, paragraph (b); or 609.3453,
18.14 	subdivision 2, paragraph (b).  In establishing criteria and
18.15 	procedures, the commissioner shall seek the input of the
18.16 	end-of-confinement review committee at each state correctional
18.17 	facility and at each state treatment facility where predatory
18.18 	offenders are confined.  The commissioner also shall seek input
18.19 	from individuals knowledgeable in health and human services;
18.20 	public safety; Minnesota's sex offender treatment program;
18.21 	treatment of sex offenders; crime victim issues; criminal law;
18.22 	sentencing guidelines; law enforcement; and probation,
18.23 	supervised release, and conditional release.
18.24 	(b) By December 15, 2005, the commissioner shall submit a
18.25 	written report to the legislature containing proposed
18.26 	composition, duties, procedures, and review criteria of the
18.27 	Minnesota Sex Offender Board.  This report also must include a
18.28 	summary of the input gathered under paragraph (a).

18.29 	EFFECTIVE DATE. This section is effective the day
18.30 	following final enactment.

18.31 	ARTICLE 3
18.32 	SEX OFFENDERS:
18.33 	TECHNICAL AND CONFORMING CHANGES

18.34 	Section 1. Minnesota Statutes 2004, section 243.166,
18.35 	subdivision 1, is amended to read:
18.36 		Subdivision 1.Registration required.  (a) A person shall
19.1 	register under this section if:
19.2 	(1) the person was charged with or petitioned for a felony
19.3 	violation of or attempt to violate any of the following, and
19.4 	convicted of or adjudicated delinquent for that offense or
19.5 	another offense arising out of the same set of circumstances:
19.6 	(i) murder under section 609.185, clause (2); or
19.7 	(ii) kidnapping under section 609.25; or
19.8 	(iii) criminal sexual conduct under section 609.342;
19.9 	609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
19.10 	609.3453;or
19.11 	(iv) indecent exposure under section 617.23, subdivision 3;
19.12 	or
19.13 	(2) the person was charged with or petitioned for falsely
19.14 	imprisoning a minor in violation of section 609.255, subdivision
19.15 	2; soliciting a minor to engage in prostitution in violation of
19.16 	section 609.322 or 609.324; soliciting a minor to engage in
19.17 	sexual conduct in violation of section 609.352; using a minor in
19.18 	a sexual performance in violation of section 617.246; or
19.19 	possessing pornographic work involving a minor in violation of
19.20 	section 617.247, and convicted of or adjudicated delinquent for
19.21 	that offense or another offense arising out of the same set of
19.22 	circumstances; or
19.23 	(3) the person was convicted of a predatory crime as
19.24 	defined in section 609.108, and the offender was sentenced as a
19.25 	patterned sex offender or the court found on its own motion or
19.26 	that of the prosecutor that the crime was part of a predatory
19.27 	pattern of behavior that had criminal sexual conduct as its goal 
19.28 	as a patterned sex offender under section 609.108; or
19.29 	(4) the person was convicted of or adjudicated delinquent
19.30 	for, including pursuant to a court martial, violating a law of
19.31 	the United States, including the Uniform Code of Military
19.32 	Justice, similar to the offenses described in clause (1), (2),
19.33 	or (3).
19.34 	(b) A person also shall register under this section if:
19.35 	(1) the person was convicted of or adjudicated delinquent
19.36 	in another state for an offense that would be a violation of a
20.1 	law described in paragraph (a) if committed in this state;
20.2 	(2) the person enters the state to reside, or to work or
20.3 	attend school; and
20.4 	(3) ten years have not elapsed since the person was
20.5 	released from confinement or, if the person was not confined,
20.6 	since the person was convicted of or adjudicated delinquent for
20.7 	the offense that triggers registration, unless the person is
20.8 	subject to lifetime registration, in which case the person must
20.9 	register for life regardless of when the person was released
20.10 	from confinement, convicted, or adjudicated delinquent.
20.11 	For purposes of this paragraph:
20.12 	(i) "school" includes any public or private educational
20.13 	institution, including any secondary school, trade or
20.14 	professional institution, or institution of higher education,
20.15 	that the person is enrolled in on a full-time or part-time
20.16 	basis; and
20.17 	(ii) "work" includes employment that is full time or part
20.18 	time for a period of time exceeding 14 days or for an aggregate
20.19 	period of time exceeding 30 days during any calendar year,
20.20 	whether financially compensated, volunteered, or for the purpose
20.21 	of government or educational benefit.
20.22 	(c) A person also shall register under this section if the
20.23 	person was committed pursuant to a court commitment order under
20.24 	section 253B.185 or Minnesota Statutes 1992, section 526.10, or
20.25 	a similar law of another state or the United States, regardless
20.26 	of whether the person was convicted of any offense.
20.27 	(d) A person also shall register under this section if:
20.28 	(1) the person was charged with or petitioned for a felony
20.29 	violation or attempt to violate any of the offenses listed in
20.30 	paragraph (a), clause (1), or a similar law of another state or
20.31 	the United States, or the person was charged with or petitioned
20.32 	for a violation of any of the offenses listed in paragraph (a),
20.33 	clause (2), or a similar law of another state or the United
20.34 	States;
20.35 	(2) the person was found not guilty by reason of mental
20.36 	illness or mental deficiency after a trial for that offense, or
21.1 	found guilty but mentally ill after a trial for that offense, in
21.2 	states with a guilty but mentally ill verdict; and
21.3 	(3) the person was committed pursuant to a court commitment
21.4 	order under section 253B.18 or a similar law of another state or
21.5 	the United States.
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. 2. Minnesota Statutes 2004, section 244.05,
21.9 	subdivision 6, is amended to read:
21.10 		Subd. 6.Intensive supervised release.  The commissioner
21.11 	may order that an inmate be placed on intensive supervised
21.12 	release for all or part of the inmate's supervised release or
21.13 	parole term if the commissioner determines that the action will
21.14 	further the goals described in section 244.14, subdivision 1,
21.15 	clauses (2), (3), and (4).  In addition, the commissioner may
21.16 	order that an inmate be placed on intensive supervised release
21.17 	for all of the inmate's conditional or supervised release term
21.18 	if the inmate was convicted of a sex offense under sections 
21.19 	section 609.342 to , 609.343, 609.344,609.345, or 609.3453or
21.20 	was sentenced under the provisions of section 609.108.  The
21.21 	commissioner may impose appropriate conditions of release on the
21.22 	inmate including but not limited to unannounced searches of the
21.23 	inmate's person, vehicle, or premises by an intensive
21.24 	supervision agent; compliance with court-ordered restitution, if
21.25 	any; random drug testing; house arrest; daily curfews; frequent
21.26 	face-to-face contacts with an assigned intensive supervision
21.27 	agent; work, education, or treatment requirements; and
21.28 	electronic surveillance.  In addition, any sex offender placed
21.29 	on intensive supervised release may be ordered to participate in
21.30 	an appropriate sex offender program as a condition of release.
21.31 	If the inmate violates the conditions of the intensive
21.32 	supervised release, the commissioner shall impose sanctions as
21.33 	provided in subdivision 3 and section 609.108.
21.34 	
EFFECTIVE DATE. This section is effective August 1, 2005,
21.35 	and applies to crimes committed on or after that date.

21.36 	Sec. 3. Minnesota Statutes 2004, section 244.05,
22.1 	subdivision 7, is amended to read:
22.2 		Subd. 7.Sex offenders; civil commitment determination.
 22.3 	(a) Before the commissioner releases from prison any inmate
22.4 	convicted under sections section 609.342 to , 609.343, 609.344,
22.5 	609.345, or 609.3453or sentenced as a patterned offender under
22.6 	section 609.108, and determined by the commissioner to be in a
22.7 	high risk category, the commissioner shall make a preliminary
22.8 	determination whether, in the commissioner's opinion, a petition
22.9 	under section 253B.185 may be appropriate.
22.10 	(b) In making this decision, the commissioner shall have
22.11 	access to the following data only for the purposes of the
22.12 	assessment and referral decision:
22.13 	(1) private medical data under section 13.384 or 144.335,
22.14 	or welfare data under section 13.46 that relate to medical
22.15 	treatment of the offender;
22.16 	(2) private and confidential court services data under
22.17 	section 13.84;
22.18 	(3) private and confidential corrections data under section
22.19 	13.85; and
22.20 	(4) private criminal history data under section 13.87.
22.21 	(c) If the commissioner determines that a petition may be
22.22 	appropriate, the commissioner shall forward this determination,
22.23 	along with a summary of the reasons for the determination, to
22.24 	the county attorney in the county where the inmate was convicted
22.25 	no later than 12 months before the inmate's release date.  If
22.26 	the inmate is received for incarceration with fewer than 12
22.27 	months remaining in the inmate's term of imprisonment, or if the
22.28 	commissioner receives additional information less than 12 months
22.29 	before release which makes the inmate's case appropriate for
22.30 	referral, the commissioner shall forward the determination as
22.31 	soon as is practicable.  Upon receiving the commissioner's
22.32 	preliminary determination, the county attorney shall proceed in
22.33 	the manner provided in section 253B.185.  The commissioner shall
22.34 	release to the county attorney all requested documentation
22.35 	maintained by the department.
22.36 	
EFFECTIVE DATE. This section is effective August 1, 2005,
23.1 	and applies to crimes committed on or after that date.

23.2 	Sec. 4. Minnesota Statutes 2004, section 609.109,
23.3 	subdivision 2, is amended to read:
23.4 		Subd. 2.Presumptive executed sentence.  Except as
23.5 	provided in subdivision 3 or 4, if a person is convicted under
23.6 	sections 609.342 to 609.345 609.3453, within 15 years of a
23.7 	previous sex offense conviction, the court shall commit the
23.8 	defendant to the commissioner of corrections for not less than
23.9 	three years, nor more than the maximum sentence provided by law
23.10 	for the offense for which convicted, notwithstanding the
23.11 	provisions of sections 242.19, 243.05, 609.11, 609.12, and
23.12 	609.135.  The court may stay the execution of the sentence
23.13 	imposed under this subdivision only if it finds that a
23.14 	professional assessment indicates the offender is accepted by
23.15 	and can respond to treatment at a long-term inpatient program
23.16 	exclusively treating sex offenders and approved by the
23.17 	commissioner of corrections.  If the court stays the execution
23.18 	of a sentence, it shall include the following as conditions of
23.19 	probation:
23.20 	(1) incarceration in a local jail or workhouse; and
23.21 	(2) a requirement that the offender successfully complete
23.22 	the treatment program and aftercare as directed by the court.
23.23 	
EFFECTIVE DATE. This section is effective August 1, 2005,
23.24 	and applies to crimes committed on or after that date.

23.25 	Sec. 5. Minnesota Statutes 2004, section 609.109,
23.26 	subdivision 5, is amended to read:
23.27 		Subd. 5.Previous sex offense convictions.  For the
23.28 	purposes of this section, a conviction is considered a previous
23.29 	sex offense conviction if the person was convicted of a sex
23.30 	offense before the commission of the present offense of
23.31 	conviction.  A person has two previous sex offense convictions
23.32 	only if the person was convicted and sentenced for a sex offense
23.33 	committed after the person was earlier convicted and sentenced
23.34 	for a sex offense, both convictions preceded the commission of
23.35 	the present offense of conviction, and 15 years have not elapsed
23.36 	since the person was discharged from the sentence imposed for
24.1 	the second conviction.  A "sex offense" is a violation of
24.2 	sections 609.342 to 609.345 609.3453 or any similar statute of
24.3 	the United States, this state, or any other state.
24.4 	
EFFECTIVE DATE. This section is effective August 1, 2005,
24.5 	and applies to crimes committed on or after that date.

24.6 	Sec. 6. Minnesota Statutes 2004, section 609.117,
24.7 	subdivision 1, is amended to read:
24.8 		Subdivision 1.Upon sentencing.  The court shall order an
24.9 	offender to provide a biological specimen for the purpose of DNA
24.10 	analysis as defined in section 299C.155 when:
24.11 	(1) the court sentences a person charged with violating or
24.12 	attempting to violate any of the following, and the person is
24.13 	convicted of that offense or of any offense arising out of the
24.14 	same set of circumstances:
24.15 	(i) murder under section 609.185, 609.19, or 609.195;
24.16 	(ii) manslaughter under section 609.20 or 609.205;
24.17 	(iii) assault under section 609.221, 609.222, or 609.223;
24.18 	(iv) robbery under section 609.24 or aggravated robbery
24.19 	under section 609.245;
24.20 	(v) kidnapping under section 609.25;
24.21 	(vi) false imprisonment under section 609.255;
24.22 	(vii) criminal sexual conduct under section 609.342,
24.23 	609.343, 609.344, 609.345, or 609.3451, subdivision 3, or
24.24 	609.3453;
24.25 	(viii) incest under section 609.365;
24.26 	(ix) burglary under section 609.582, subdivision 1; or
24.27 	(x) indecent exposure under section 617.23, subdivision 3;
24.28 	(2) the court sentences a person as a patterned sex
24.29 	offender under section 609.108; or
24.30 	(3) the juvenile court adjudicates a person a delinquent
24.31 	child who is the subject of a delinquency petition for violating
24.32 	or attempting to violate any of the following, and the
24.33 	delinquency adjudication is based on a violation of one of those
24.34 	sections or of any offense arising out of the same set of
24.35 	circumstances:
24.36 	(i) murder under section 609.185, 609.19, or 609.195;
25.1 	(ii) manslaughter under section 609.20 or 609.205;
25.2 	(iii) assault under section 609.221, 609.222, or 609.223;
25.3 	(iv) robbery under section 609.24 or aggravated robbery
25.4 	under section 609.245;
25.5 	(v) kidnapping under section 609.25;
25.6 	(vi) false imprisonment under section 609.255;
25.7 	(vii) criminal sexual conduct under section 609.342,
25.8 	609.343, 609.344, 609.345, or 609.3451, subdivision 3, or
25.9 	609.3453;
25.10 	(viii) incest under section 609.365;
25.11 	(ix) burglary under section 609.582, subdivision 1; or
25.12 	(x) indecent exposure under section 617.23, subdivision 3.
25.13 	The biological specimen or the results of the analysis shall be
25.14 	maintained by the Bureau of Criminal Apprehension as provided in
25.15 	section 299C.155.
25.16 	
EFFECTIVE DATE. This section is effective August 1, 2005,
25.17 	and applies to crimes committed on or after that date.

25.18 	Sec. 7. Minnesota Statutes 2004, section 609.117,
25.19 	subdivision 2, is amended to read:
25.20 		Subd. 2.Before release.  The commissioner of corrections
25.21 	or local corrections authority shall order a person to provide a
25.22 	biological specimen for the purpose of DNA analysis before
25.23 	completion of the person's term of imprisonment when the person
25.24 	has not provided a biological specimen for the purpose of DNA
25.25 	analysis and the person:
25.26 	(1) is currently serving a term of imprisonment for or has
25.27 	a past conviction for violating or attempting to violate any of
25.28 	the following or a similar law of another state or the United
25.29 	States or initially charged with violating one of the following
25.30 	sections or a similar law of another state or the United States
25.31 	and convicted of another offense arising out of the same set of
25.32 	circumstances:
25.33 	(i) murder under section 609.185, 609.19, or 609.195;
25.34 	(ii) manslaughter under section 609.20 or 609.205;
25.35 	(iii) assault under section 609.221, 609.222, or 609.223;
25.36 	(iv) robbery under section 609.24 or aggravated robbery
26.1 	under section 609.245;
26.2 	(v) kidnapping under section 609.25;
26.3 	(vi) false imprisonment under section 609.255;
26.4 	(vii) criminal sexual conduct under section 609.342,
26.5 	609.343, 609.344, 609.345, or 609.3451, subdivision 3, or
26.6 	609.3453;
26.7 	(viii) incest under section 609.365;
26.8 	(ix) burglary under section 609.582, subdivision 1; or
26.9 	(x) indecent exposure under section 617.23, subdivision 3;
26.10 	or
26.11 	(2) was sentenced as a patterned sex offender under section
26.12 	609.108, and committed to the custody of the commissioner of
26.13 	corrections; or
26.14 	(3) is serving a term of imprisonment in this state under a
26.15 	reciprocal agreement although convicted in another state of an
26.16 	offense described in this subdivision or a similar law of the
26.17 	United States or any other state.  The commissioner of
26.18 	corrections or local corrections authority shall forward the
26.19 	sample to the Bureau of Criminal Apprehension.
26.20 	
EFFECTIVE DATE. This section is effective August 1, 2005,
26.21 	and applies to crimes committed on or after that date.

26.22 	Sec. 8. Minnesota Statutes 2004, section 609.1351, is
26.23 	amended to read:
26.24 	609.1351 PETITION FOR CIVIL COMMITMENT.
26.25 	When a court sentences a person under section 609.108,
26.26 	609.342, 609.343, 609.344, or 609.345, or 609.3453,the court
26.27 	shall make a preliminary determination whether in the court's
26.28 	opinion a petition under section 253B.185 may be appropriate and
26.29 	include the determination as part of the sentencing order.  If
26.30 	the court determines that a petition may be appropriate, the
26.31 	court shall forward its preliminary determination along with
26.32 	supporting documentation to the county attorney.

26.33 	EFFECTIVE DATE. This section is effective August 1, 2005,
26.34 	and applies to crimes committed on or after that date.

26.35 	Sec. 9. Minnesota Statutes 2004, section 609.347, is
26.36 	amended to read:
27.1 	609.347 EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.
27.2 	Subdivision 1.  In a prosecution under sections 609.109or ,
27.3 	609.342 to 609.3451, or 609.3453, the testimony of a victim need
27.4 	not be corroborated.
27.5 	Subd. 2.  In a prosecution under sections 609.109or ,
27.6 	609.342 to 609.3451, or 609.3453,there is no need to show that
27.7 	the victim resisted the accused.
27.8 	Subd. 3.  In a prosecution under sections 609.109, 609.342
27.9 	to 609.3451, 609.3453,or 609.365, evidence of the victim's
27.10 	previous sexual conduct shall not be admitted nor shall any
27.11 	reference to such conduct be made in the presence of the jury,
27.12 	except by court order under the procedure provided in
27.13 	subdivision 4.  The evidence can be admitted only if the
27.14 	probative value of the evidence is not substantially outweighed
27.15 	by its inflammatory or prejudicial nature and only in the
27.16 	circumstances set out in paragraphs (a) and (b).  For the
27.17 	evidence to be admissible under paragraph (a), subsection (i),
27.18 	the judge must find by a preponderance of the evidence that the
27.19 	facts set out in the accused's offer of proof are true.  For the
27.20 	evidence to be admissible under paragraph (a), subsection (ii)
27.21 	or paragraph (b), the judge must find that the evidence is
27.22 	sufficient to support a finding that the facts set out in the
27.23 	accused's offer of proof are true, as provided under Rule 901 of
27.24 	the Rules of Evidence.
27.25 	(a) When consent of the victim is a defense in the case,
27.26 	the following evidence is admissible:
27.27 	(i) evidence of the victim's previous sexual conduct
27.28 	tending to establish a common scheme or plan of similar sexual
27.29 	conduct under circumstances similar to the case at issue.  In
27.30 	order to find a common scheme or plan, the judge must find that
27.31 	the victim made prior allegations of sexual assault which were
27.32 	fabricated; and
27.33 	(ii) evidence of the victim's previous sexual conduct with
27.34 	the accused.
27.35 	(b) When the prosecution's case includes evidence of semen,
27.36 	pregnancy, or disease at the time of the incident or, in the
28.1 	case of pregnancy, between the time of the incident and trial,
28.2 	evidence of specific instances of the victim's previous sexual
28.3 	conduct is admissible solely to show the source of the semen,
28.4 	pregnancy, or disease.
28.5 	Subd. 4.  The accused may not offer evidence described in
28.6 	subdivision 3 except pursuant to the following procedure:
28.7 	(a) A motion shall be made by the accused at least three
28.8 	business days prior to trial, unless later for good cause shown,
28.9 	setting out with particularity the offer of proof of the
28.10 	evidence that the accused intends to offer, relative to the
28.11 	previous sexual conduct of the victim;
28.12 	(b) If the court deems the offer of proof sufficient, the
28.13 	court shall order a hearing out of the presence of the jury, if
28.14 	any, and in such hearing shall allow the accused to make a full
28.15 	presentation of the offer of proof;
28.16 	(c) At the conclusion of the hearing, if the court finds
28.17 	that the evidence proposed to be offered by the accused
28.18 	regarding the previous sexual conduct of the victim is
28.19 	admissible under subdivision 3 and that its probative value is
28.20 	not substantially outweighed by its inflammatory or prejudicial
28.21 	nature, the court shall make an order stating the extent to
28.22 	which evidence is admissible.  The accused may then offer
28.23 	evidence pursuant to the order of the court;
28.24 	(d) If new information is discovered after the date of the
28.25 	hearing or during the course of trial, which may make evidence
28.26 	described in subdivision 3 admissible, the accused may make an
28.27 	offer of proof pursuant to clause (a) and the court shall order
28.28 	an in camera hearing to determine whether the proposed evidence
28.29 	is admissible by the standards herein.
28.30 	Subd. 5.  In a prosecution under sections 609.109or ,
28.31 	609.342 to 609.3451, or 609.3453, the court shall not instruct
28.32 	the jury to the effect that:
28.33 	(a) It may be inferred that a victim who has previously
28.34 	consented to sexual intercourse with persons other than the
28.35 	accused would be therefore more likely to consent to sexual
28.36 	intercourse again; or
29.1 	(b) The victim's previous or subsequent sexual conduct in
29.2 	and of itself may be considered in determining the credibility
29.3 	of the victim; or
29.4 	(c) Criminal sexual conduct is a crime easily charged by a
29.5 	victim but very difficult to disprove by an accused because of
29.6 	the heinous nature of the crime; or
29.7 	(d) The jury should scrutinize the testimony of the victim
29.8 	any more closely than it should scrutinize the testimony of any
29.9 	witness in any felony prosecution.
29.10 	Subd. 6.  (a) In a prosecution under sections 609.109or ,
29.11 	609.342 to 609.3451, or 609.3453,involving a psychotherapist
29.12 	and patient, evidence of the patient's personal or medical
29.13 	history is not admissible except when:
29.14 	(1) the accused requests a hearing at least three business
29.15 	days prior to trial and makes an offer of proof of the relevancy
29.16 	of the history; and
29.17 	(2) the court finds that the history is relevant and that
29.18 	the probative value of the history outweighs its prejudicial
29.19 	value.
29.20 	(b) The court shall allow the admission only of specific
29.21 	information or examples of conduct of the victim that are
29.22 	determined by the court to be relevant.  The court's order shall
29.23 	detail the information or conduct that is admissible and no
29.24 	other evidence of the history may be introduced.
29.25 	(c) Violation of the terms of the order is grounds for
29.26 	mistrial but does not prevent the retrial of the accused.
29.27 		Subd. 7.Effect of statute on rules. Rule 412 of the
29.28 	Rules of Evidence is superseded to the extent of its conflict
29.29 	with this section.
29.30 	
EFFECTIVE DATE. This section is effective August 1, 2005,
29.31 	and applies to crimes committed on or after that date.

29.32 	Sec. 10. Minnesota Statutes 2004, section 609.3471, is
29.33 	amended to read:
29.34 	609.3471 RECORDS PERTAINING TO VICTIM IDENTITY
29.35 	CONFIDENTIAL.
29.36 	Notwithstanding any provision of law to the contrary, no
30.1 	data contained in records or reports relating to petitions,
30.2 	complaints, or indictments issued pursuant to section 13.871;
30.3 	609.342; 609.343; 609.344; or 609.345; or 609.3453,which
30.4 	specifically identifies a victim who is a minor shall be
30.5 	accessible to the public, except by order of the court.  Nothing
30.6 	in this section authorizes denial of access to any other data
30.7 	contained in the records or reports, including the identity of
30.8 	the defendant.

30.9 	EFFECTIVE DATE. This section is effective August 1, 2005,
30.10 	and applies to crimes committed on or after that date.

30.11 	Sec. 11. Minnesota Statutes 2004, section 609.348, is
30.12 	amended to read:
30.13 	609.348 MEDICAL PURPOSES; EXCLUSION.
30.14 	Sections 609.109and ,609.342 to 609.3451, and 609.3453do
30.15 	not apply to sexual penetration or sexual contact when done for
30.16 	a bona fide medical purpose.

30.17 	EFFECTIVE DATE. This section is effective August 1, 2005,
30.18 	and applies to crimes committed on or after that date.

30.19 	Sec. 12. Minnesota Statutes 2004, section 609.353, is
30.20 	amended to read:
30.21 	609.353 JURISDICTION.
30.22 	A violation or attempted violation of section 609.342,
30.23 	609.343, 609.344, 609.345, 609.3451, 609.3453,or 609.352 may be
30.24 	prosecuted in any jurisdiction in which the violation originates
30.25 	or terminates.

30.26 	EFFECTIVE DATE. This section is effective August 1, 2005,
30.27 	and applies to crimes committed on or after that date.

30.28 	Sec. 13. Minnesota Statutes 2004, section 631.045, is
30.29 	amended to read:
30.30 	631.045 EXCLUDING SPECTATORS FROM THE COURTROOM.
30.31 	At the trial of a complaint or indictment for a violation
30.32 	of sections 609.109, 609.341 to 609.3451, 609.3453,or 617.246,
30.33 	subdivision 2, when a minor under 18 years of age is the person
30.34 	upon, with, or against whom the crime is alleged to have been
30.35 	committed, the judge may exclude the public from the courtroom
30.36 	during the victim's testimony or during all or part of the
31.1 	remainder of the trial upon a showing that closure is necessary
31.2 	to protect a witness or ensure fairness in the trial.  The judge
31.3 	shall give the prosecutor, defendant and members of the public
31.4 	the opportunity to object to the closure before a closure order.
31.5 	The judge shall specify the reasons for closure in an order
31.6 	closing all or part of the trial.  Upon closure the judge shall
31.7 	only admit persons who have a direct interest in the case.

31.8 	EFFECTIVE DATE. This section is effective August 1, 2005,
31.9 	and applies to crimes committed on or after that date.

31.10 	Sec. 14. REVISOR INSTRUCTION.
 31.11 	(a) The revisor of statutes shall renumber Minnesota
31.12 	Statutes, section 609.3452, as Minnesota Statutes, section
31.13 	609.3457, and correct cross-references.  In addition, the
31.14 	revisor shall delete the reference in Minnesota Statutes,
31.15 	section 13.871, subdivision 3, paragraph (d), to Minnesota
31.16 	Statutes, section 609.3452, and insert a reference to Minnesota
31.17 	Statutes, section 609.3457.  The revisor shall include a
31.18 	notation in Minnesota Statutes to inform readers of the statutes
31.19 	of the renumbering of section 609.3457.
31.20 	(b) In addition to the specific changes described in
31.21 	paragraph (a), the revisor of statutes shall make other
31.22 	technical changes necessitated by this act.

31.23 	ARTICLE 4
31.24 	MISCELLANEOUS PROVISIONS

31.25 	Section 1. Minnesota Statutes 2004, section 144.335, is
31.26 	amended by adding a subdivision to read:
31.27 		Subd. 3d.Criminal history information;
31.28 	classification. A provider that receives criminal history
31.29 	information about a patient from the Department of Corrections
31.30 	or the Department of Human Services must include that
31.31 	information in the patient's health record.  The criminal
31.32 	history information may only be used and disclosed as provided
31.33 	in this section and applicable federal law.

31.34 	Sec. 2. Minnesota Statutes 2004, section 241.67,
31.35 	subdivision 3, is amended to read:
31.36 		Subd. 3.Programs for adult offenders committed to the
32.1 	commissioner.  (a) The commissioner shall provide for a range of
32.2 	sex offender programs, including intensive sex offender
32.3 	programs, within the state adult correctional facility system.
32.4 	Participation in any program is subject to the rules and
32.5 	regulations of the Department of Corrections.  Nothing in this
32.6 	section requires the commissioner to accept or retain an
32.7 	offender in a program if the offender is determined by prison
32.8 	professionals as unamenable to programming within the prison
32.9 	system or if the offender refuses or fails to comply with the
32.10 	program's requirements.  Nothing in this section creates a right
32.11 	of an offender to treatment.
32.12 	(b) The commissioner shall develop a plan to provide for
32.13 	residential and outpatient sex offender programming and
32.14 	aftercare when required for conditional release under section
32.15 	609.108 or as a condition of supervised release. The plan may
32.16 	include co-payments from the offender, third-party payers, local
32.17 	agencies, or other funding sources as they are identified.

32.18 	Sec. 3. Minnesota Statutes 2004, section 242.195,
32.19 	subdivision 1, is amended to read:
32.20 		Subdivision 1.Sex offender programs.  (a) The
32.21 	commissioner of corrections shall develop a plan to provide for
32.22 	a range of sex offender programs, including intensive sex
32.23 	offender programs, for juveniles within state juvenile
32.24 	correctional facilities and through purchase of service from
32.25 	county and private residential and outpatient juvenile sex
32.26 	offender programs. The plan may include co-payments from the
32.27 	offenders, third-party payers, local agencies, and other funding
32.28 	sources as they are identified.
32.29 	(b) The commissioner shall establish and operate a
32.30 	residential sex offender program at one of the state juvenile
32.31 	correctional facilities.  The program must be structured to
32.32 	address both the therapeutic and disciplinary needs of juvenile
32.33 	sex offenders.  The program must afford long-term residential
32.34 	treatment for a range of juveniles who have committed sex
32.35 	offenses and have failed other treatment programs or are not
32.36 	likely to benefit from an outpatient or a community-based
33.1 	residential treatment program.

33.2 	Sec. 4. Minnesota Statutes 2004, section 253B.02,
33.3 	subdivision 4a, is amended to read:
33.4 		Subd. 4a.Crime against the person. (a) "Crime" has the
33.5 	meaning given to "violent crime" in section 609.1095, and
33.6 	includes offenses within the definition of "crime against the
33.7 	person" in section 253B.02, subdivision 4a, and also includes
33.8 	offenses listed in section 253B.02, subdivision 7a, paragraph
33.9 	(b), regardless of whether they are sexually motivated.
33.10 	(b) "Crime against the person" means a violation of or
33.11 	attempt to violate any of the following provisions:  sections
33.12 	609.185 (murder in the first degree); 609.19 (murder in the
33.13 	second degree); 609.195 (murder in the third degree); 609.20
33.14 	(manslaughter in the first degree); 609.205 (manslaughter in the
33.15 	second degree); 609.21 (criminal vehicular homicide and injury);
33.16 	609.215 (suicide); 609.221 (assault in the first degree);
33.17 	609.222 (assault in the second degree); 609.223 (assault in the
33.18 	third degree); 609.224 (assault in the fifth degree); 609.2242
33.19 	(domestic assault); 609.23 (mistreatment of persons confined);
33.20 	609.231 (mistreatment of residents or patients); 609.2325
33.21 	(criminal abuse); 609.233 (criminal neglect); 609.2335
33.22 	(financial exploitation of a vulnerable adult); 609.235 (use of
33.23 	drugs to injure or facilitate crime); 609.24 (simple robbery);
33.24 	609.245 (aggravated robbery); 609.25 (kidnapping); 609.255
33.25 	(false imprisonment); 609.265 (abduction); 609.27, subdivision
33.26 	1, clause (1) or (2) (coercion); 609.28 (interfering with
33.27 	religious observance) if violence or threats of violence were
33.28 	used; 609.322, subdivision 1, clause (2) (solicitation); 609.342
33.29 	(criminal sexual conduct in the first degree); 609.343 (criminal
33.30 	sexual conduct in the second degree); 609.344 (criminal sexual
33.31 	conduct in the third degree); 609.345 (criminal sexual conduct
33.32 	in the fourth degree); 609.365 (incest); 609.498, subdivision 1
33.33 	(tampering with a witness); 609.50, clause (1) (obstructing
33.34 	legal process, arrest, and firefighting); 609.561 (arson in the
33.35 	first degree); 609.562 (arson in the second degree); 609.595
33.36 	(damage to property); and 609.72, subdivision 3 (disorderly
34.1 	conduct by a caregiver).

34.2 	Sec. 5. Minnesota Statutes 2004, section 253B.02, is
34.3 	amended by adding a subdivision to read:
34.4 		Subd. 4c.Convicted; conviction. "Convicted" and
34.5 	"conviction" include findings under Minnesota Rules of Criminal
34.6 	Procedure, Rule 20.02, that the elements of a crime have been
34.7 	proved.

34.8 	Sec. 6. Minnesota Statutes 2004, section 253B.02, is
34.9 	amended by adding a subdivision to read:
34.10 		Subd. 27.Victim. "Victim" means a person who has
34.11 	incurred loss or harm as a result of a crime the behavior for
34.12 	which forms the basis for a commitment under this section or
34.13 	section 253B.185.

34.14 	Sec. 7. Minnesota Statutes 2004, section 253B.08,
34.15 	subdivision 2, is amended to read:
34.16 		Subd. 2.Notice of hearing. (a) The proposed patient,
34.17 	patient's counsel, the petitioner, the county attorney, and any
34.18 	other persons as the court directs shall be given at least five
34.19 	days' notice that a hearing will be held and at least two days'
34.20 	notice of the time and date of the hearing, except that any
34.21 	person may waive notice.  Notice to the proposed patient may be
34.22 	waived by patient's counsel.
34.23 	(b) A county attorney who files a petition to commit a
34.24 	person under section 253B.18 or 253B.185 shall make a reasonable
34.25 	effort to provide prompt notice of filing the petition to any
34.26 	victim of a crime for which the person was convicted.  In
34.27 	addition, the county attorney shall make a reasonable effort to
34.28 	promptly notify the victim of the resolution of the petition.

34.29 	Sec. 8. Minnesota Statutes 2004, section 253B.18,
34.30 	subdivision 5, is amended to read:
34.31 		Subd. 5.Petition; notice of hearing; attendance; order.
 34.32 	(a) A petition for an order of transfer, discharge, provisional
34.33 	discharge, or revocation of provisional discharge shall be filed
34.34 	with the commissioner and may be filed by the patient or by the
34.35 	head of the treatment facility.  A patient may not petition the
34.36 	special review board for six months following commitment under
35.1 	subdivision 3 or following the final disposition of any previous
35.2 	petition and subsequent appeal by the patient.  The medical
35.3 	director may petition at any time.
35.4 	(b) Fourteen days prior to the hearing, the committing
35.5 	court, the county attorney of the county of commitment, the
35.6 	designated agency, interested person, the petitioner, and the
35.7 	petitioner's counsel shall be given written notice by the
35.8 	commissioner of the time and place of the hearing before the
35.9 	special review board.  Only those entitled to statutory notice
35.10 	of the hearing or those administratively required to attend may
35.11 	be present at the hearing.  The patient may designate interested
35.12 	persons to receive notice by providing the names and addresses
35.13 	to the commissioner at least 21 days before the hearing.  The
35.14 	board shall provide the commissioner with written findings of
35.15 	fact and recommendations within 21 days of the hearing.  The
35.16 	commissioner shall issue an order no later than 14 days after
35.17 	receiving the recommendation of the special review board.  A
35.18 	copy of the order shall be sent by certified mail to every
35.19 	person entitled to statutory notice of the hearing within five
35.20 	days after it is signed.  No order by the commissioner shall be
35.21 	effective sooner than 30 days after the order is signed, unless
35.22 	the county attorney, the patient, and the commissioner agree
35.23 	that it may become effective sooner.
35.24 	(c) The special review board shall hold a hearing on each
35.25 	petition prior to making its recommendation to the
35.26 	commissioner.  The special review board proceedings are not
35.27 	contested cases as defined in chapter 14.  Any person or agency
35.28 	receiving notice that submits documentary evidence to the
35.29 	special review board prior to the hearing shall also provide
35.30 	copies to the patient, the patient's counsel, the county
35.31 	attorney of the county of commitment, the case manager, and the
35.32 	commissioner.
35.33 	(d) Prior to the final decision by the commissioner, the
35.34 	special review board may be reconvened to consider events or
35.35 	circumstances that occurred subsequent to the hearing.
35.36 	(e) In making its recommendations, the special review board
36.1 	or commissioner must consider any statements received from
36.2 	victims under subdivision 5a.

36.3 	Sec. 9. Minnesota Statutes 2004, section 253B.18, is
36.4 	amended by adding a subdivision to read:
36.5 		Subd. 5a.Victim notification. (a) Before provisionally
36.6 	discharging, discharging, granting pass-eligible status,
36.7 	approving a pass plan, or otherwise permanently or temporarily
36.8 	releasing a person committed under this section or section
36.9 	253B.185 from a treatment facility, the head of the treatment
36.10 	facility shall make a reasonable effort to notify any victim of
36.11 	a crime for which the person was convicted that the person may
36.12 	be discharged or released and that the victim has a right to
36.13 	submit a written statement to the special review board or the
36.14 	commissioner with respect to the person.  To the extent
36.15 	possible, the notice must be provided at least 14 days before
36.16 	any special review board hearing or before a determination on a
36.17 	pass plan.
36.18 	(b) This subdivision applies only to victims who have
36.19 	requested notification by contacting, in writing, the county
36.20 	attorney in the county where the conviction for the crime
36.21 	occurred.  A county attorney who receives a request for
36.22 	notification under this paragraph shall promptly forward the
36.23 	request to the commissioner of human services.
36.24 	(c) The rights under this subdivision are in addition to
36.25 	rights available to a victim under chapter 611A.

36.26 	Sec. 10. Minnesota Statutes 2004, section 609.108,
36.27 	subdivision 7, is amended to read:
36.28 		Subd. 7.Commissioner of corrections.  The commissioner
36.29 	shall develop a plan to pay the cost of treatment of a person
36.30 	released under subdivision 6. The plan may include co-payments
36.31 	from offenders, third-party payers, local agencies, or other
36.32 	funding sources as they are identified.This section does not
36.33 	require the commissioner to accept or retain an offender in a
36.34 	treatment program.

36.35 	Sec. 11. Minnesota Statutes 2004, section 609.109,
36.36 	subdivision 7, is amended to read:
37.1 		Subd. 7.Conditional release of sex offenders.  (a)
37.2 	Notwithstanding the statutory maximum sentence otherwise
37.3 	applicable to the offense or any provision of the Sentencing
37.4 	Guidelines, when a court sentences a person to prison for a
37.5 	violation of section 609.342, 609.343, 609.344, or 609.345, the
37.6 	court shall provide that after the person has completed the
37.7 	sentence imposed, the commissioner of corrections shall place
37.8 	the person on conditional release.  If the person was convicted
37.9 	for a violation of section 609.342, 609.343, 609.344, or
37.10 	609.345, the person shall be placed on conditional release for
37.11 	five years, minus the time the person served on supervised
37.12 	release.  If the person was convicted for a violation of one of
37.13 	those sections after a previous sex offense conviction as
37.14 	defined in subdivision 5, or sentenced under subdivision 6 to a
37.15 	mandatory departure, the person shall be placed on conditional
37.16 	release for ten years, minus the time the person served on
37.17 	supervised release.
37.18 	(b) The conditions of release may include successful
37.19 	completion of treatment and aftercare in a program approved by
37.20 	the commissioner, satisfaction of the release conditions
37.21 	specified in section 244.05, subdivision 6, and any other
37.22 	conditions the commissioner considers appropriate.  If the
37.23 	offender fails to meet any condition of release, the
37.24 	commissioner may revoke the offender's conditional release and
37.25 	order that the offender serve the remaining portion of the
37.26 	conditional release term in prison.  The commissioner shall not
37.27 	dismiss the offender from supervision before the conditional
37.28 	release term expires.
37.29 	Conditional release under this subdivision is governed by
37.30 	provisions relating to supervised release, except as otherwise
37.31 	provided in this subdivision, section 244.04, subdivision 1, or
37.32 	244.05.
37.33 	(c) The commissioner shall develop a plan to pay the cost
37.34 	of treatment of a person released under this subdivision. The
37.35 	plan may include co-payments from offenders, third-party payers,
37.36 	local agencies, and other funding sources as they are
38.1 	identified.This section does not require the commissioner to
38.2 	accept or retain an offender in a treatment program.

38.3 	Sec. 12. Minnesota Statutes 2004, section 609.485,
38.4 	subdivision 2, is amended to read:
38.5 		Subd. 2.Acts prohibited.  Whoever does any of the
38.6 	following may be sentenced as provided in subdivision 4:
38.7 	(1) escapes while held pursuant to a lawful arrest, in
38.8 	lawful custody on a charge or conviction of a crime, or while
38.9 	held in lawful custody on an allegation or adjudication of a
38.10 	delinquent act;
38.11 	(2) transfers to another, who is in lawful custody on a
38.12 	charge or conviction of a crime, or introduces into an
38.13 	institution in which the latter is confined, anything usable in
38.14 	making such escape, with intent that it shall be so used;
38.15 	(3) having another in lawful custody on a charge or
38.16 	conviction of a crime, intentionally permits the other to
38.17 	escape;
38.18 	(4) escapes while in a facility designated under section
38.19 	253B.18, subdivision 1, pursuant to a court commitment order
38.20 	after a finding of not guilty by reason of mental illness or
38.21 	mental deficiency of a crime against the person, as defined in
38.22 	section 253B.02, subdivision 4a.  Notwithstanding section
38.23 	609.17, no person may be charged with or convicted of an attempt
38.24 	to commit a violation of this clause; or 
38.25 	(5) escapes while in a facility designated under section
38.26 	253B.18, subdivision 1, pursuant to a court commitment order
38.27 	under section 253B.185 or Minnesota Statutes 1992, section
38.28 	526.10; or 
38.29 	(6) escapes while on pass status or provisional discharge
38.30 	according to section 253B.18.
38.31 	For purposes of clause (1), "escapes while held in lawful
38.32 	custody" includes absconding from electronic monitoring or
38.33 	absconding after removing an electronic monitoring device from
38.34 	the person's body.
38.35 	
EFFECTIVE DATE. This section is effective August 1, 2005,
38.36 	and applies to crimes committed on or after that date.

39.1 	Sec. 13. Minnesota Statutes 2004, section 609.485,
39.2 	subdivision 4, is amended to read:
39.3 		Subd. 4.Sentence.  (a) Except as otherwise provided in
39.4 	subdivision 3a, whoever violates this section may be sentenced
39.5 	as follows:
39.6 	(1) if the person who escapes is in lawful custody for a
39.7 	felony, to imprisonment for not more than five years or to
39.8 	payment of a fine of not more than $10,000, or both;
39.9 	(2) if the person who escapes is in lawful custody after a
39.10 	finding of not guilty by reason of mental illness or mental
39.11 	deficiency of a crime against the person, as defined in section
39.12 	253B.02, subdivision 4a, or pursuant to a court commitment order
39.13 	under section 253B.185 or Minnesota Statutes 1992, section
39.14 	526.10, to imprisonment for not more than one year and one day
39.15 	or to payment of a fine of not more than $3,000, or both; or 
39.16 	(3) if the person who escapes is in lawful custody for a
39.17 	gross misdemeanor or misdemeanor, or if the person who escapes
39.18 	is in lawful custody on an allegation or adjudication of a
39.19 	delinquent act, to imprisonment for not more than one year or to
39.20 	payment of a fine of not more than $3,000, or both; or 
39.21 	(4) if the person who escapes is under civil commitment
39.22 	under sections 253B.18 and 253B.185, to imprisonment for not
39.23 	more than one year and one day or to payment of a fine of not
39.24 	more than $3,000, or both.
39.25 	(b) If the escape was a violation of subdivision 2, clause
39.26 	(1), (2), or (3), and was effected by violence or threat of
39.27 	violence against a person, the sentence may be increased to not
39.28 	more than twice those permitted in paragraph (a), clauses (1)
39.29 	and (3).
39.30 	(c) Unless a concurrent term is specified by the court, a
39.31 	sentence under this section shall be consecutive to any sentence
39.32 	previously imposed or which may be imposed for any crime or
39.33 	offense for which the person was in custody when the person
39.34 	escaped.
39.35 	(d) Notwithstanding paragraph (c), if a person who was
39.36 	committed to the commissioner of corrections under section
40.1 	260B.198 escapes from the custody of the commissioner while 18
40.2 	years of age, the person's sentence under this section shall
40.3 	commence on the person's 19th birthday or on the person's date
40.4 	of discharge by the commissioner of corrections, whichever
40.5 	occurs first.  However, if the person described in this clause
40.6 	is convicted under this section after becoming 19 years old and
40.7 	after having been discharged by the commissioner, the person's
40.8 	sentence shall commence upon imposition by the sentencing court.
40.9 	(e) Notwithstanding paragraph (c), if a person who is in
40.10 	lawful custody on an allegation or adjudication of a delinquent
40.11 	act while 18 years of age escapes from a local juvenile
40.12 	correctional facility, the person's sentence under this section
40.13 	begins on the person's 19th birthday or on the person's date of
40.14 	discharge from the jurisdiction of the juvenile court, whichever
40.15 	occurs first.  However, if the person described in this
40.16 	paragraph is convicted after becoming 19 years old and after
40.17 	discharge from the jurisdiction of the juvenile court, the
40.18 	person's sentence begins upon imposition by the sentencing court.
40.19 	(f) Notwithstanding paragraph (a), any person who escapes
40.20 	or absconds from electronic monitoring or removes an electric
40.21 	monitoring device from the person's body is guilty of a crime
40.22 	and shall be sentenced to imprisonment for not more than one
40.23 	year or to a payment of a fine of not more than $3,000, or
40.24 	both.  A person in lawful custody for a violation of section
40.25 	609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221,
40.26 	609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345,
40.27 	or 609.3451 who escapes or absconds from electronic monitoring
40.28 	or removes an electronic monitoring device while under sentence
40.29 	may be sentenced to imprisonment for not more than five years or
40.30 	to a payment of a fine of not more than $10,000, or both.
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. 14. Minnesota Statutes 2004, section 617.23,
40.34 	subdivision 2, is amended to read:
40.35 		Subd. 2.Gross misdemeanor.  A person who commits any of
40.36 	the following acts is guilty of a gross misdemeanor:
41.1 	(1) the person violates subdivision 1 in the presence of a
41.2 	minor under the age of 16; or 
41.3 	(2) the person violates subdivision 1 after having been
41.4 	previously convicted of violating subdivision 1, sections
41.5 	609.342 to 609.3451, or a statute from another state in
41.6 	conformity with any of those sections, is guilty of a gross
41.7 	misdemeanor.
41.8 	
EFFECTIVE DATE. This section is effective August 1, 2005,
41.9 	and applies to crimes committed on or after that date.

41.10 	Sec. 15. Minnesota Statutes 2004, section 617.23,
41.11 	subdivision 3, is amended to read:
41.12 		Subd. 3.Felony.  A person is guilty of a felony and may
41.13 	be sentenced to imprisonment for not more than five years or to
41.14 	payment of a fine of not more than $10,000, or both, if:
41.15 	(1) the person violates subdivision 2, clause (1), after
41.16 	having been previously convicted of or adjudicated delinquent
41.17 	for violating subdivision 2, clause (1); section 609.3451,
41.18 	subdivision 1, clause (2); or a statute from another state in
41.19 	conformity with subdivision 2, clause (1), or section 609.3451,
41.20 	subdivision 1, clause (2); or 
41.21 	(2) the person commits a violation of subdivision 1, clause
41.22 	(1), in the presence of another person while intentionally
41.23 	confining that person or otherwise intentionally restricting
41.24 	that person's freedom to move; or 
41.25 	(3) the person violates subdivision 1 in the presence of an
41.26 	unaccompanied minor under the age of 16.
41.27 	
EFFECTIVE DATE. This section is effective August 1, 2005,
41.28 	and applies to crimes committed on or after that date.

41.29 	Sec. 16. SUPREME COURT TASK FORCE; STUDY REQUIRED.
 41.30 		Subdivision 1.Establishment. The Minnesota Supreme
41.31 	Court is requested to establish a task force to study the use of
41.32 	the court system as an alternative to the administrative process
41.33 	of the special review board for reductions in custody and
41.34 	discharge from commitment of those persons committed as a
41.35 	sexually dangerous person or sexual psychopathic personality
41.36 	under Minnesota Statutes, section 253B.185.
42.1 		Subd. 2.Membership. The task force shall consist of the
42.2 	following:
42.3 	(1) a representative from the Supreme Court;
42.4 	(2) a court administrator;
42.5 	(3) a district court judge;
42.6 	(4) a county attorney selected by the county attorney's
42.7 	association;
42.8 	(5) a representative from the Attorney General's Office;
42.9 	(6) the Ombudsman for Mental Health and Mental Retardation;
42.10 	(7) a law enforcement representative;
42.11 	(8) a county case manager;
42.12 	(9) a victim services representative;
42.13 	(10) a person experienced in treating sex offenders;
42.14 	(11) a defense attorney;
42.15 	(12) the commissioner of human services or designee;
42.16 	(13) the state-operated services forensic medical director
42.17 	or designee;
42.18 	(14) the commissioner of corrections, or designee;
42.19 	(15) a representative from community corrections;
42.20 	(16) a member of the special review board; and 
42.21 	(17) any other persons deemed necessary by the Minnesota
42.22 	Supreme Court.
42.23 		Subd. 3.Recommendations. The task force shall be
42.24 	convened no later than August 1, 2005.  The task force shall
42.25 	examine current law and practices relating to the reduction in
42.26 	custody and discharge of persons committed as a sexually
42.27 	dangerous person or sexual psychopathic personality.  The task
42.28 	forces shall examine the laws of other jurisdictions and shall
42.29 	make recommendations regarding reduction in custody and
42.30 	discharge procedures and release criteria.  The recommendations
42.31 	may suggest the establishment of a judicial process rather than
42.32 	the special review board to authorize a reduction in custody or
42.33 	discharge.
42.34 		Subd. 4.Report. The task force shall report to the
42.35 	chairs of the house public safety policy and finance committee
42.36 	and the senate crime prevention and public safety committee with
43.1 	recommendations by December 15, 2005.

43.2 	ARTICLE 5
43.3 	PREDATORY OFFENDER REGISTRY

43.4 	Section 1. Minnesota Statutes 2004, section 13.82, is
43.5 	amended by adding a subdivision to read:
43.6 		Subd. 28.Disclosure of sex offender registrant status.
 43.7 	Law enforcement agency disclosure to health facilities of the
43.8 	registrant status of a registered sex offender is governed by
43.9 	section 244.052.

43.10 	Sec. 2. Minnesota Statutes 2004, section 144A.135, is
43.11 	amended to read:
43.12 	144A.135 TRANSFER AND DISCHARGE APPEALS.
43.13 	(a) The commissioner shall establish a mechanism for
43.14 	hearing appeals on transfers and discharges of residents by
43.15 	nursing homes or boarding care homes licensed by the
43.16 	commissioner.  The commissioner may adopt permanent rules to
43.17 	implement this section.
43.18 	(b) Until federal regulations are adopted under sections
43.19 	1819(f)(3) and 1919(f)(3) of the Social Security Act that govern
43.20 	appeals of the discharges or transfers of residents from nursing
43.21 	homes and boarding care homes certified for participation in
43.22 	Medicare or medical assistance, the commissioner shall provide
43.23 	hearings under sections 14.57 to 14.62 and the rules adopted by
43.24 	the Office of Administrative Hearings governing contested
43.25 	cases.  To appeal the discharge or transfer, or notification of
43.26 	an intended discharge or transfer, a resident or the resident's
43.27 	representative must request a hearing in writing no later than
43.28 	30 days after receiving written notice, which conforms to state
43.29 	and federal law, of the intended discharge or transfer.
43.30 	(c) Hearings under this section shall be held no later than
43.31 	14 days after receipt of the request for hearing, unless
43.32 	impractical to do so or unless the parties agree otherwise.
43.33 	Hearings shall be held in the facility in which the resident
43.34 	resides, unless impractical to do so or unless the parties agree
43.35 	otherwise.
43.36 	(d) A resident who timely appeals a notice of discharge or
44.1 	transfer, and who resides in a certified nursing home or
44.2 	boarding care home, may not be discharged or transferred by the
44.3 	nursing home or boarding care home until resolution of the
44.4 	appeal.  The commissioner can order the facility to readmit the
44.5 	resident if the discharge or transfer was in violation of state
44.6 	or federal law.  If the resident is required to be hospitalized
44.7 	for medical necessity before resolution of the appeal, the
44.8 	facility shall readmit the resident unless the resident's
44.9 	attending physician documents, in writing, why the resident's
44.10 	specific health care needs cannot be met in the facility.
44.11 	(e) The commissioner and Office of Administrative Hearings
44.12 	shall conduct the hearings in compliance with the federal
44.13 	regulations described in paragraph (b), when adopted.
44.14 	(f) Nothing in this section limits the right of a resident
44.15 	or the resident's representative to request or receive
44.16 	assistance from the Office of Ombudsman for Older Minnesotans or
44.17 	the Office of Health Facility Complaints with respect to an
44.18 	intended discharge or transfer.
44.19 	(g) A person required to inform a health care facility of
44.20 	the person's status as a registered sex offender under section
44.21 	243.166, subdivision 4b, who knowingly fails to do so shall be
44.22 	deemed to have endangered the safety of individuals in the
44.23 	facility under Code of Federal Regulations, chapter 42, section
44.24 	483.12.  Notwithstanding paragraph (d), any appeal of the notice
44.25 	and discharge shall not constitute a stay of the discharge.

44.26 	Sec. 3. Minnesota Statutes 2004, section 243.166, is
44.27 	amended to read:
44.28 	243.166 REGISTRATION OF PREDATORY OFFENDERS.
44.29 		Subdivision 1.Registration required. (a) A person shall
44.30 	register under this section if:
44.31 	(1) the person was charged with or petitioned for a felony
44.32 	violation of or attempt to violate any of the following, and
44.33 	convicted of or adjudicated delinquent for that offense or
44.34 	another offense arising out of the same set of circumstances:
44.35 	(i) murder under section 609.185, clause (2); or 
44.36 	(ii) kidnapping under section 609.25; or 
45.1 	(iii) criminal sexual conduct under section 609.342;
45.2 	609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
45.3 	(iv) indecent exposure under section 617.23, subdivision 3;
45.4 	or 
45.5 	(2) the person was charged with or petitioned for falsely
45.6 	imprisoning a minor in violation of section 609.255, subdivision
45.7 	2; soliciting a minor to engage in prostitution in violation of
45.8 	section 609.322 or 609.324; soliciting a minor to engage in
45.9 	sexual conduct in violation of section 609.352; using a minor in
45.10 	a sexual performance in violation of section 617.246; or
45.11 	possessing pornographic work involving a minor in violation of
45.12 	section 617.247, and convicted of or adjudicated delinquent for
45.13 	that offense or another offense arising out of the same set of
45.14 	circumstances; or 
45.15 	(3) the person was convicted of a predatory crime as
45.16 	defined in section 609.108, and the offender was sentenced as a
45.17 	patterned sex offender or the court found on its own motion or
45.18 	that of the prosecutor that the crime was part of a predatory
45.19 	pattern of behavior that had criminal sexual conduct as its
45.20 	goal; or 
45.21 	(4) the person was convicted of or adjudicated delinquent
45.22 	for, including pursuant to a court martial, violating a law of
45.23 	the United States, including the Uniform Code of Military
45.24 	Justice, similar to the offenses described in clause (1), (2),
45.25 	or (3).
45.26 	(b) A person also shall register under this section if:
45.27 	(1) the person was convicted of or adjudicated delinquent
45.28 	in another state for an offense that would be a violation of a
45.29 	law described in paragraph (a) if committed in this state;
45.30 	(2) the person enters the state to reside, or to work or
45.31 	attend school; and 
45.32 	(3) ten years have not elapsed since the person was
45.33 	released from confinement or, if the person was not confined,
45.34 	since the person was convicted of or adjudicated delinquent for
45.35 	the offense that triggers registration, unless the person is
45.36 	subject to lifetime registration, in which case the person must
46.1 	register for life regardless of when the person was released
46.2 	from confinement, convicted, or adjudicated delinquent.
46.3 	For purposes of this paragraph:
46.4 	(i) "school" includes any public or private educational
46.5 	institution, including any secondary school, trade or
46.6 	professional institution, or institution of higher education,
46.7 	that the person is enrolled in on a full-time or part-time
46.8 	basis; and 
46.9 	(ii) "work" includes employment that is full time or part
46.10 	time for a period of time exceeding 14 days or for an aggregate
46.11 	period of time exceeding 30 days during any calendar year,
46.12 	whether financially compensated, volunteered, or for the purpose
46.13 	of government or educational benefit.
46.14 	(c) A person also shall register under this section if the
46.15 	person was committed pursuant to a court commitment order under
46.16 	section 253B.185 or Minnesota Statutes 1992, section 526.10, or
46.17 	a similar law of another state or the United States, regardless
46.18 	of whether the person was convicted of any offense.
46.19 	(d) A person also shall register under this section if:
46.20 	(1) the person was charged with or petitioned for a felony
46.21 	violation or attempt to violate any of the offenses listed in
46.22 	paragraph (a), clause (1), or a similar law of another state or
46.23 	the United States, or the person was charged with or petitioned
46.24 	for a violation of any of the offenses listed in paragraph (a),
46.25 	clause (2), or a similar law of another state or the United
46.26 	States;
46.27 	(2) the person was found not guilty by reason of mental
46.28 	illness or mental deficiency after a trial for that offense, or
46.29 	found guilty but mentally ill after a trial for that offense, in
46.30 	states with a guilty but mentally ill verdict; and 
46.31 	(3) the person was committed pursuant to a court commitment
46.32 	order under section 253B.18 or a similar law of another state or
46.33 	the United States.
46.34 		Subd. 1a.Definitions. (a) As used in this section,
46.35 	unless the context clearly indicates otherwise, the following
46.36 	terms have the meanings given them.
47.1 	(b) "Bureau" means the Bureau of Criminal Apprehension.
47.2 	(c) "Dwelling" means the building where the person lives
47.3 	under a formal or informal agreement to do so.
47.4 	(d) "Incarceration" and "confinement" do not include
47.5 	electronic home monitoring.
47.6 	(e) "Law enforcement authority" or "authority" means, with
47.7 	respect to a home rule charter or statutory city, the chief of
47.8 	police, and with respect to an unincorporated area, the county
47.9 	sheriff.
47.10 	(f) "Motor vehicle" has the meaning given in section
47.11 	169.01, subdivision 2.
47.12 	(g) "Primary address" means the mailing address of the
47.13 	person's dwelling.  If the mailing address is different from the
47.14 	actual location of the dwelling, "primary address" also includes
47.15 	the physical location of the dwelling described with as much
47.16 	specificity as possible.
47.17 	(h) "School" includes any public or private educational
47.18 	institution, including any secondary school, trade, or
47.19 	professional institution, or institution of higher education,
47.20 	that the person is enrolled in on a full-time or part-time basis.
47.21 	(i) "Secondary address" means the mailing address of any
47.22 	place where the person regularly or occasionally stays overnight
47.23 	when not staying at the person's primary address.  If the
47.24 	mailing address is different from the actual location of the
47.25 	place, secondary address also includes the physical location of
47.26 	the place described with as much specificity as possible.
47.27 	(j) "Treatment facility" means a residential facility, as
47.28 	defined in section 244.052, subdivision 1, and residential
47.29 	chemical dependency treatment programs and halfway houses
47.30 	licensed under chapter 245A, including, but not limited to,
47.31 	those facilities directly or indirectly assisted by any
47.32 	department or agency of the United States.
47.33 	(k) "Work" includes employment that is full time or part
47.34 	time for a period of time exceeding 14 days or for an aggregate
47.35 	period of time exceeding 30 days during any calendar year,
47.36 	whether financially compensated, volunteered, or for the purpose
48.1 	of government or educational benefit.
48.2 		Subd. 1b.Registration required. (a) A person shall
48.3 	register under this section if:
48.4 	(1) the person was charged with or petitioned for a felony
48.5 	violation of or attempt to violate, or aiding, abetting, or
48.6 	conspiracy to commit, any of the following, and convicted of or
48.7 	adjudicated delinquent for that offense or another offense
48.8 	arising out of the same set of circumstances:
48.9 	(i) murder under section 609.185, clause (2);
48.10 	(ii) kidnapping under section 609.25;
48.11 	(iii) criminal sexual conduct under section 609.342;
48.12 	609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
48.13 	(iv) indecent exposure under section 617.23, subdivision 3;
48.14 	(2) the person was charged with or petitioned for a
48.15 	violation of, or attempt to violate, or aiding, abetting, or
48.16 	conspiracy to commit false imprisonment in violation of section
48.17 	609.255, subdivision 2; soliciting a minor to engage in
48.18 	prostitution in violation of section 609.322 or 609.324;
48.19 	soliciting a minor to engage in sexual conduct in violation of
48.20 	section 609.352; using a minor in a sexual performance in
48.21 	violation of section 617.246; or possessing pornographic work
48.22 	involving a minor in violation of section 617.247, and convicted
48.23 	of or adjudicated delinquent for that offense or another offense
48.24 	arising out of the same set of circumstances;
48.25 	(3) the person was sentenced as a patterned sex offender
48.26 	under section 609.108; or 
48.27 	(4) the person was convicted of or adjudicated delinquent
48.28 	for, including pursuant to a court martial, violating a law of
48.29 	the United States, including the Uniform Code of Military
48.30 	Justice, similar to the offenses described in clause (1), (2),
48.31 	or (3).
48.32 	(b) A person also shall register under this section if:
48.33 	(1) the person was convicted of or adjudicated delinquent
48.34 	in another state for an offense that would be a violation of a
48.35 	law described in paragraph (a) if committed in this state;
48.36 	(2) the person enters this state to reside, work, or attend
49.1 	school, or enters this state and remains for 14 days or longer;
49.2 	and 
49.3 	(3) ten years have not elapsed since the person was
49.4 	released from confinement or, if the person was not confined,
49.5 	since the person was convicted of or adjudicated delinquent for
49.6 	the offense that triggers registration, unless the person is
49.7 	subject to lifetime registration, in which case the person shall
49.8 	register for life regardless of when the person was released
49.9 	from confinement, convicted, or adjudicated delinquent.
49.10 	(c) A person also shall register under this section if the
49.11 	person was committed pursuant to a court commitment order under
49.12 	section 253B.185 or Minnesota Statutes 1992, section 526.10, or
49.13 	a similar law of another state or the United States, regardless
49.14 	of whether the person was convicted of any offense.
49.15 	(d) A person also shall register under this section if:
49.16 	(1) the person was charged with or petitioned for a felony
49.17 	violation or attempt to violate any of the offenses listed in
49.18 	paragraph (a), clause (1), or a similar law of another state or
49.19 	the United States, or the person was charged with or petitioned
49.20 	for a violation of any of the offenses listed in paragraph (a),
49.21 	clause (2), or a similar law of another state or the United
49.22 	States;
49.23 	(2) the person was found not guilty by reason of mental
49.24 	illness or mental deficiency after a trial for that offense, or
49.25 	found guilty but mentally ill after a trial for that offense, in
49.26 	states with a guilty but mentally ill verdict; and 
49.27 	(3) the person was committed pursuant to a court commitment
49.28 	order under section 253B.18 or a similar law of another state or
49.29 	the United States.
49.30 		Subd. 2.Notice. When a person who is required to
49.31 	register under subdivision 1 1b, paragraph (a), is sentenced or
49.32 	becomes subject to a juvenile court disposition order, the court
49.33 	shall tell the person of the duty to register under this section
49.34 	and that, if the person fails to comply with the registration
49.35 	requirements, information about the offender may be made
49.36 	available to the public through electronic, computerized, or
50.1 	other accessible means.  The court may not modify the person's
50.2 	duty to register in the pronounced sentence or disposition
50.3 	order.  The court shall require the person to read and sign a
50.4 	form stating that the duty of the person to register under this
50.5 	section has been explained.  The court shall forward the signed
50.6 	sex offender registration form, the complaint, and sentencing
50.7 	documents to the bureau of Criminal Apprehension.  If a person
50.8 	required to register under subdivision 1 1b, paragraph (a), was
50.9 	not notified by the court of the registration requirement at the
50.10 	time of sentencing or disposition, the assigned corrections
50.11 	agent shall notify the person of the requirements of this
50.12 	section.  When a person who is required to register under
50.13 	subdivision 1 1b, paragraph (c) or (d), is released from
50.14 	commitment, the treatment facility shall notify the person of
50.15 	the requirements of this section.  The treatment facility shall
50.16 	also obtain the registration information required under this
50.17 	section and forward it to the bureau of Criminal Apprehension.
50.18 		Subd. 3.Registration procedure. (a) Except as provided
50.19 	in subdivision 3a,a person required to register under this
50.20 	section shall register with the corrections agent as soon as the
50.21 	agent is assigned to the person.  If the person does not have an
50.22 	assigned corrections agent or is unable to locate the assigned
50.23 	corrections agent, the person shall register with the law
50.24 	enforcement agency authority that has jurisdiction in the area
50.25 	of the person's residence primary address.
50.26 	(b) Except as provided in subdivision 3a,at least five
50.27 	days before the person starts living at a new primary address,
50.28 	including living in another state, the person shall give written
50.29 	notice of the new primary living address to the assigned
50.30 	corrections agent or to the law enforcement authority with which
50.31 	the person currently is registered.  If the person will be
50.32 	living in a new state and that state has a registration
50.33 	requirement, the person shall also give written notice of the
50.34 	new address to the designated registration agency in the new
50.35 	state.  A person required to register under this section shall
50.36 	also give written notice to the assigned corrections agent or to
51.1 	the law enforcement authority that has jurisdiction in the area
51.2 	of the person's residence primary address that the person is no
51.3 	longer living or staying at an address, immediately after the
51.4 	person is no longer living or staying at that address.  The
51.5 	corrections agent or law enforcement authority shall, within two
51.6 	business days after receipt of this information, forward it to
51.7 	the bureau of Criminal Apprehension.  The bureau of Criminal
51.8 	Apprehension shall, if it has not already been done, notify the
51.9 	law enforcement authority having primary jurisdiction in the
51.10 	community where the person will live of the new address.  If the
51.11 	person is leaving the state, the bureau of Criminal Apprehension 
51.12 	shall notify the registration authority in the new state of the
51.13 	new address. If the person's obligation to register arose under
51.14 	subdivision 1, paragraph (b),The person's registration
51.15 	requirements under this section terminate when after the person
51.16 	begins living in the new state and the bureau has confirmed the
51.17 	address in the other state through the annual verification
51.18 	process on at least one occasion.
51.19 	(c) A person required to register under subdivision 1 1b,
51.20 	paragraph (b), because the person is working or attending school
51.21 	in Minnesota shall register with the law enforcement
51.22 	agency authority that has jurisdiction in the area where the
51.23 	person works or attends school.  In addition to other
51.24 	information required by this section, the person shall provide
51.25 	the address of the school or of the location where the person is
51.26 	employed.  A person must shall comply with this paragraph within
51.27 	five days of beginning employment or school.  A person's
51.28 	obligation to register under this paragraph terminates when the
51.29 	person is no longer working or attending school in Minnesota.
51.30 	(d) A person required to register under this section who
51.31 	works or attends school outside of Minnesota shall register as a
51.32 	predatory offender in the state where the person works or
51.33 	attends school.  The person's corrections agent, or if the
51.34 	person does not have an assigned corrections agent, the law
51.35 	enforcement authority that has jurisdiction in the area of the
51.36 	person's residence primary address shall notify the person of
52.1 	this requirement.
52.2 		Subd. 3a.Registration procedure when person lacks
52.3 	primary address. (a) If a person leaves a primary address and
52.4 	does not have a new primary address, the person shall register
52.5 	with the law enforcement authority that has jurisdiction in the
52.6 	area where the person is staying within 24 hours of the time the
52.7 	person no longer has a primary address.
52.8 	(b) A person who lacks a primary address shall register
52.9 	with the law enforcement authority that has jurisdiction in the
52.10 	area where the person is staying within 24 hours after entering
52.11 	the jurisdiction.  Each time a person who lacks a primary
52.12 	address moves to a new jurisdiction without acquiring a new
52.13 	primary address, the person shall register with the law
52.14 	enforcement authority that has jurisdiction in the area where
52.15 	the person is staying within 24 hours after entering the
52.16 	jurisdiction.
52.17 	(c) Upon registering under this subdivision, the person
52.18 	shall provide the law enforcement authority with all of the
52.19 	information the individual is required to provide under
52.20 	subdivision 4a.  However, instead of reporting the person's
52.21 	primary address, the person shall describe the location of where
52.22 	the person is staying with as much specificity as possible.
52.23 	(d) Except as otherwise provided in paragraph (e), if a
52.24 	person continues to lack a primary address, the person shall
52.25 	report in person on a weekly basis to the law enforcement
52.26 	authority with jurisdiction in the area where the person is
52.27 	staying.  This weekly report shall occur between the hours of
52.28 	9:00 a.m. and 5:00 p.m.  The person is not required to provide
52.29 	the registration information required under subdivision 4a each
52.30 	time the offender reports to an authority, but the person shall
52.31 	inform the authority of changes to any information provided
52.32 	under this subdivision or subdivision 4a and shall otherwise
52.33 	comply with this subdivision.
52.34 	(e) If the law enforcement authority determines that it is
52.35 	impractical, due to the person's unique circumstances, to
52.36 	require a person lacking a primary address to report weekly and
53.1 	in person as required under paragraph (d), the authority may
53.2 	authorize the person to follow an alternative reporting
53.3 	procedure.  The authority shall consult with the person's
53.4 	corrections agent, if the person has one, in establishing the
53.5 	specific criteria of this alternative procedure, subject to the
53.6 	following requirements:
53.7 	(1) the authority shall document, in the person's
53.8 	registration record, the specific reasons why the weekly
53.9 	in-person reporting process is impractical for the person to
53.10 	follow;
53.11 	(2) the authority shall explain how the alternative
53.12 	reporting procedure furthers the public safety objectives of
53.13 	this section;
53.14 	(3) the authority shall require the person lacking a
53.15 	primary address to report in person at least monthly to the
53.16 	authority or the person's corrections agent and shall specify
53.17 	the location where the person shall report.  If the authority
53.18 	determines it would be more practical and would further public
53.19 	safety for the person to report to another law enforcement
53.20 	authority with jurisdiction where the person is staying, it may,
53.21 	after consulting with the other law enforcement authority,
53.22 	include this requirement in the person's alternative reporting
53.23 	process;
53.24 	(4) the authority shall require the person to comply with
53.25 	the weekly, in-person reporting process required under paragraph
53.26 	(d), if the person moves to a new area where this process would
53.27 	be practical;
53.28 	(5) the authority shall require the person to report any
53.29 	changes to the registration information provided under
53.30 	subdivision 4a and to comply with the periodic registration
53.31 	requirements specified under paragraph (f); and 
53.32 	(6) the authority shall require the person to comply with
53.33 	the requirements of subdivision 3, paragraphs (b) and (c), if
53.34 	the person moves to a primary address.
53.35 	(f) If a person continues to lack a primary address and
53.36 	continues to report to the same law enforcement authority, the
54.1 	person shall provide the authority with all of the information
54.2 	the individual is required to provide under this subdivision and
54.3 	subdivision 4a at least annually, unless the person is required
54.4 	to register under subdivision 1b, paragraph (c), following
54.5 	commitment pursuant to a court commitment under section 253B.185
54.6 	or a similar law of another state or the United States.  If the
54.7 	person is required to register under subdivision 1b, paragraph
54.8 	(c), the person shall provide the law enforcement authority with
54.9 	all of the information the individual is required to report
54.10 	under this subdivision and subdivision 4a at least once every
54.11 	three months.
54.12 	(g) A law enforcement authority receiving information under
54.13 	this subdivision shall forward registration information and
54.14 	changes to that information to the bureau within two business
54.15 	days of receipt of the information.
54.16 	(h) For purposes of this subdivision, a person who fails to
54.17 	report a primary address will be deemed to be a person who lacks
54.18 	a primary address, and the person shall comply with the
54.19 	requirements for a person who lacks a primary address.
54.20 		Subd. 4.Contents of registration. (a) The registration
54.21 	provided to the corrections agent or law enforcement authority,
54.22 	must consist of a statement in writing signed by the person,
54.23 	giving information required by the bureau of Criminal
54.24 	Apprehension, a fingerprint card, and photograph of the person
54.25 	taken at the time of the person's release from incarceration or,
54.26 	if the person was not incarcerated, at the time the person
54.27 	initially registered under this section.  The registration
54.28 	information also must include a written consent form signed by
54.29 	the person allowing a treatment facility or residential housing
54.30 	unit or shelter to release information to a law enforcement
54.31 	officer about the person's admission to, or residence in, a
54.32 	treatment facility or residential housing unit or shelter.
54.33 	Registration information on adults and juveniles may be
54.34 	maintained together notwithstanding section 260B.171,
54.35 	subdivision 3.
54.36 	(b) For persons required to register under subdivision 1 
55.1 	1b, paragraph (c), following commitment pursuant to a court
55.2 	commitment under section 253B.185 or a similar law of another
55.3 	state or the United States, in addition to other information
55.4 	required by this section, the registration provided to the
55.5 	corrections agent or law enforcement authority must include the
55.6 	person's offense history and documentation of treatment received
55.7 	during the person's commitment.  This documentation shall be is 
55.8 	limited to a statement of how far the person progressed in
55.9 	treatment during commitment.
55.10 	(c) Within three days of receipt, the corrections agent or
55.11 	law enforcement authority shall forward the registration
55.12 	information to the bureau of Criminal Apprehension.  The bureau
55.13 	shall ascertain whether the person has registered with the law
55.14 	enforcement authority where the person resides in the area of
55.15 	the person's primary address, if any, or if the person lacks a
55.16 	primary address, where the person is staying, as required by
55.17 	subdivision 3a.  If the person has not registered with the law
55.18 	enforcement authority, the bureau shall send one copy to that
55.19 	authority.
55.20 	(d) The corrections agent or law enforcement authority may
55.21 	require that a person required to register under this section
55.22 	appear before the agent or authority to be photographed.  The
55.23 	agent or authority shall forward the photograph to the bureau of
55.24 	Criminal Apprehension.
55.25 	(e) During the period a person is required to register
55.26 	under this section, the following shall provisions apply:
55.27 	(1) Except for persons registering under subdivision 3a,
55.28 	the bureau of Criminal Apprehension shall mail a verification
55.29 	form to the last reported address of the person's residence last
55.30 	reported primary address.  This verification form shall must 
55.31 	provide notice to the offender that, if the offender does not
55.32 	return the verification form as required, information about the
55.33 	offender may be made available to the public through electronic,
55.34 	computerized, or other accessible means. For persons who are
55.35 	registered under subdivision 3a, the bureau shall mail an annual
55.36 	verification form to the law enforcement authority where the
56.1 	offender most recently reported.  The authority shall provide
56.2 	the verification form to the person at the next weekly meeting
56.3 	and ensure that the person completes and signs the form and
56.4 	returns it to the bureau.
56.5 	(2) The person shall mail the signed verification form back
56.6 	to the bureau of Criminal Apprehension within ten days after
56.7 	receipt of the form, stating on the form the current and last
56.8 	address of the person's residence and the other information
56.9 	required under subdivision 4a.
56.10 	(3) In addition to the requirements listed in this section,
56.11 	a person who is assigned to risk level II or risk level III
56.12 	under section 244.052, and who is no longer under correctional
56.13 	supervision for a registration offense, or a failure to register
56.14 	offense, but who resides, works, or attends school in Minnesota,
56.15 	shall have an annual in-person contact with a law enforcement
56.16 	authority as provided in this section.  If the person resides in
56.17 	Minnesota, the annual in-person contact shall be with the law
56.18 	enforcement authority that has jurisdiction over the person's
56.19 	primary address or, if the person has no address, the location
56.20 	where the person is staying.  If the person does not reside in
56.21 	Minnesota, but works or attends school in this state, the person
56.22 	shall have an annual in-person contact with the law enforcement
56.23 	authority, or authorities, with jurisdiction over the person's
56.24 	school or workplace.  During the month of the person's birth
56.25 	date, the person shall report to the authority to verify the
56.26 	accuracy of the registration information and to be
56.27 	photographed.  Within three days of this contact, the authority
56.28 	shall enter information as required by the bureau into the
56.29 	predatory offender registration database and submit an updated
56.30 	photograph of the person to the bureau's predatory offender
56.31 	registration unit.
56.32 	(4) If the person fails to mail the completed and signed
56.33 	verification form to the bureau of Criminal Apprehension within
56.34 	ten days after receipt of the form, or if the person fails to
56.35 	report to the law enforcement authority during the month of the
56.36 	person's birth date,the person shall be is in violation of this
57.1 	section.
57.2 	(5) For any person who fails to mail the completed and
57.3 	signed verification form to the bureau within ten days after
57.4 	receipt of the form and who has been determined to be a level
57.5 	III offender under section 244.052, the bureau shall immediately
57.6 	investigate and notify local law enforcement authorities to
57.7 	investigate the person's location and to ensure compliance with
57.8 	this section.  The bureau also shall immediately give notice of
57.9 	the person's violation of this section to the law enforcement
57.10 	authority having jurisdiction over the person's last registered
57.11 	address or addresses.
57.12 	For persons required to register under subdivision 1 1b,
57.13 	paragraph (c), following commitment pursuant to a court
57.14 	commitment under section 253B.185 or a similar law of another
57.15 	state or the United States, the bureau shall comply with clause
57.16 	(1) at least four times each year. For persons who, under
57.17 	section 244.052, are assigned to risk level III and who are no
57.18 	longer under correctional supervision for a registration offense
57.19 	or a failure to register offense, the bureau shall comply with
57.20 	clause (1) at least two times each year.For all other persons
57.21 	required to register under this section, the bureau shall comply
57.22 	with clause (1) each year within 30 days of the anniversary date
57.23 	of the person's initial registration.
57.24 	(f) When sending out a verification form, the bureau of
57.25 	Criminal Apprehension must shall determine whether the person to
57.26 	whom the verification form is being sent has signed a written
57.27 	consent form as provided for in paragraph (a).  If the person
57.28 	has not signed such a consent form, the bureau of Criminal
57.29 	Apprehension must shall send a written consent form to the
57.30 	person along with the verification form.  A person who receives
57.31 	this written consent form must shall sign and return it to the
57.32 	bureau of Criminal Apprehension at the same time as the
57.33 	verification form.
57.34 	(g) For the purposes of this subdivision, "treatment
57.35 	facility" means a residential facility, as defined in section
57.36 	244.052, subdivision 1, and residential chemical dependency
58.1 	treatment programs and halfway houses licensed under chapter
58.2 	245A, including, but not limited to, those facilities directly
58.3 	or indirectly assisted by any department or agency of the United
58.4 	States.
58.5 		Subd. 4a.Information required to be provided. (a) As
58.6 	used in this section:
58.7 	(1) "motor vehicle" has the meaning given "vehicle" in
58.8 	section 169.01, subdivision 2;
58.9 	(2) "primary residence" means any place where the person
58.10 	resides longer than 14 days or that is deemed a primary
58.11 	residence by a person's corrections agent, if one is assigned to
58.12 	the person; and 
58.13 	(3) "secondary residence" means any place where the person
58.14 	regularly stays overnight when not staying at the person's
58.15 	primary residence, and includes, but is not limited to:
58.16 	(i) the person's parent's home if the person is a student
58.17 	and stays at the home at times when the person is not staying at
58.18 	school, including during the summer; and 
58.19 	(ii) the home of someone with whom the person has a minor
58.20 	child in common where the child's custody is shared.
58.21 	(b) A person required to register under this section shall
58.22 	provide to the corrections agent or law enforcement authority
58.23 	the following information:
58.24 	(1) the address of the person's primary residence address;
58.25 	(2) the addresses of all of the person's secondary
58.26 	residences addresses in Minnesota, including all addresses used
58.27 	for residential or recreational purposes;
58.28 	(3) the addresses of all Minnesota property owned, leased,
58.29 	or rented by the person;
58.30 	(4) the addresses of all locations where the person is
58.31 	employed;
58.32 	(5) the addresses of all residences schools where the
58.33 	person resides while attending school is enrolled; and
58.34 	(6) the year, model, make, license plate number, and color
58.35 	of all motor vehicles owned or regularly driven by the person.
58.36 	(c) (b) The person shall report to the agent or authority
59.1 	the information required to be provided under paragraph (b) (a),
59.2 	clauses (2) to (6), within five days of the date the clause
59.3 	becomes applicable.  If because of a change in circumstances any
59.4 	information reported under paragraph (b) (a), clauses (1) to
59.5 	(6), no longer applies, the person shall immediately inform the
59.6 	agent or authority that the information is no longer valid. If
59.7 	the person leaves a primary address and does not have a new
59.8 	primary address, the person shall register as provided in
59.9 	subdivision 3a.
59.10 		Subd. 4b.Health care facility; notice of status. (a)
59.11 	Upon admission to a health care facility, a person required to
59.12 	register under this section shall immediately disclose to:
59.13 	(1) the health care facility employee processing the
59.14 	admission, the person's status as a registered sex offender
59.15 	under this section;
59.16 	(2) the person's supervision agent, if the person is under
59.17 	supervision at the time of admission, that inpatient admission
59.18 	has occurred; and 
59.19 	(3) the law enforcement authority with whom the person
59.20 	registers, if the person is subject to registration under this
59.21 	section, that in patient admission has occurred.
59.22 	(b) "Health care facility" means a hospital or other entity
59.23 	licensed under sections 144.50 to 144.58, nursing facilities
59.24 	certified for participation in the federal Medicare or Medicaid
59.25 	programs and licensed as a nursing home under chapter 144A, a
59.26 	boarding care home under sections 144.50 to 144.56, or a group
59.27 	residential housing facility or an intermediate care facility
59.28 	for the mentally retarded licensed under chapter 245A.
59.29 	(c) A person required to inform persons or entities under
59.30 	paragraph (a), clauses (1) to (3), of the person's status as a
59.31 	registered sex offender, who knowingly fails to provide this
59.32 	information to the persons or entities, is guilty of a felony
59.33 	and may be sentenced to imprisonment for not more than five
59.34 	years or to payment of a fine of not more than $10,000, or both.
59.35 		Subd. 4c.Health care facility; law enforcement
59.36 	notification duty. A law enforcement authority or corrections
60.1 	agent shall notify the administrator of a health care facility,
60.2 	as defined in subdivision 4b, as soon as it comes to the
60.3 	attention of the authority or agent that a person required to
60.4 	register under this section has been admitted and is receiving
60.5 	health care at the facility.
60.6 		Subd. 5.Criminal penalty. (a) A person required to
60.7 	register under this section who knowingly violates any of its
60.8 	provisions or intentionally provides false information to a
60.9 	corrections agent, law enforcement authority, or the bureau of
60.10 	Criminal Apprehension is guilty of a felony and may be sentenced
60.11 	to imprisonment for not more than five years or to payment of a
60.12 	fine of not more than $10,000, or both.
60.13 	(b) Except as provided in paragraph (c), a person convicted
60.14 	of violating paragraph (a) shall be committed to the custody of
60.15 	the commissioner of corrections for not less than a year and a
60.16 	day, nor more than five years.
60.17 	(c) A person convicted of violating paragraph (a), who has
60.18 	previously been convicted of or adjudicated delinquent for
60.19 	violating this section, shall be committed to the custody of the
60.20 	commissioner of corrections for not less than two years, nor
60.21 	more than five years.
60.22 	(d) Prior to the time of sentencing, the prosecutor may
60.23 	file a motion to have the person sentenced without regard to the
60.24 	mandatory minimum sentence established by this subdivision.  The
60.25 	motion shall must be accompanied by a statement on the record of
60.26 	the reasons for it.  When presented with the motion, or on its
60.27 	own motion, the court may sentence the person without regard to
60.28 	the mandatory minimum sentence if the court finds substantial
60.29 	and compelling reasons to do so.  Sentencing a person in the
60.30 	manner described in this paragraph is a departure from the
60.31 	Sentencing Guidelines.
60.32 	(e) A person convicted and sentenced as required by this
60.33 	subdivision is not eligible for probation, parole, discharge,
60.34 	work release, conditional release,or supervised release, until
60.35 	that person has served the full term of imprisonment as provided
60.36 	by law, notwithstanding the provisions of sections 241.26,
61.1 	242.19, 243.05, 244.04, 609.12, and 609.135.
61.2 		Subd. 5a.Conditional release. (a) Notwithstanding the
61.3 	statutory maximum sentence otherwise applicable to the offense
61.4 	or any provision of the sentencing guidelines, when a court
61.5 	convicts a person who is a level III sex offender under section
61.6 	244.052, subdivision 3, paragraph (e), for a violation of
61.7 	subdivision 5, the court shall provide that after the person has
61.8 	completed the sentence imposed, the commissioner of corrections
61.9 	shall place the person on conditional release for the remainder
61.10 	of the person's life.
61.11 	(b) The conditions of release may include satisfaction of
61.12 	the release conditions specified in section 244.05, subdivision
61.13 	6, and any other conditions the commissioner considers
61.14 	appropriate.  If the offender fails to meet any condition of
61.15 	release, the commissioner may revoke the offender's conditional
61.16 	release and order that the offender serve the remaining portion
61.17 	of the conditional release term in prison.
61.18 	Conditional release under this subdivision is governed by
61.19 	provisions relating to supervised release, except as otherwise
61.20 	provided in this subdivision or section 244.05.
61.21 		Subd. 6.Registration period. (a) Notwithstanding the
61.22 	provisions of section 609.165, subdivision 1, and except as
61.23 	provided in paragraphs (b), (c), and (d), a person required to
61.24 	register under this section shall continue to comply with this
61.25 	section until ten years have elapsed since the person initially
61.26 	registered in connection with the offense, or until the
61.27 	probation, supervised release, or conditional release period
61.28 	expires, whichever occurs later.  For a person required to
61.29 	register under this section who is committed under section
61.30 	253B.18 or 253B.185, the ten-year registration period does not
61.31 	include the period of commitment.
61.32 	(b) If a person required to register under this section
61.33 	fails to register following a change in residence provide the
61.34 	person's primary address as required by subdivision 3, paragraph
61.35 	(b), fails to comply with the requirements of subdivision 3a,
61.36 	fails to provide information as required by subdivision 4a, or
62.1 	fails to return the verification form referenced in subdivision
62.2 	4 within ten days, the commissioner of public safety may require
62.3 	the person to continue to register for an additional period of
62.4 	five years.  This five-year period is added to the end of the
62.5 	offender's registration period.
62.6 	(c) If a person required to register under this section is
62.7 	subsequently incarcerated following a conviction for a new
62.8 	offense or following a revocation of probation, supervised
62.9 	release, or conditional release for that any offense, or a
62.10 	conviction for any new offense, the person shall continue to
62.11 	register until ten years have elapsed since the person was last
62.12 	released from incarceration or until the person's probation,
62.13 	supervised release, or conditional release period expires,
62.14 	whichever occurs later.
62.15 	(d) A person shall continue to comply with this section for
62.16 	the life of that person:
62.17 	(1) if the person is convicted of or adjudicated delinquent
62.18 	for any offense for which registration is required under
62.19 	subdivision 1 1b, or any offense from another state or any
62.20 	federal offense similar to the offenses described in subdivision
62.21 	1 1b, and the person has a prior conviction or adjudication for
62.22 	an offense for which registration was or would have been
62.23 	required under subdivision 1 1b, or an offense from another
62.24 	state or a federal offense similar to an offense described in
62.25 	subdivision 1 1b;
62.26 	(2) if the person is required to register based upon a
62.27 	conviction or delinquency adjudication for an offense under
62.28 	section 609.185, clause (2), or a similar statute from another
62.29 	state or the United States;
62.30 	(3) if the person is required to register based upon a
62.31 	conviction for an offense under section 609.342, subdivision 1,
62.32 	paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
62.33 	1, paragraph (a), (c), (d), (e), (f), or (h); 609.344,
62.34 	subdivision 1, paragraph (a), (c), or (g); or 609.345,
62.35 	subdivision 1, paragraph (a), (c), or (g); or a statute from
62.36 	another state or the United States similar to the offenses
63.1 	described in this clause; or
63.2 	(4) if the person is required to register under subdivision
63.3 	1 1b, paragraph (c), following commitment pursuant to a court
63.4 	commitment under section 253B.185 or a similar law of another
63.5 	state or the United States.
63.6 		Subd. 7.Use of information. Except as otherwise
63.7 	provided in subdivision 7a or sections 244.052 and 299C.093, the
63.8 	information provided under this section is private data on
63.9 	individuals under section 13.02, subdivision 12.  The
63.10 	information may be used only for law enforcement purposes.
63.11 		Subd. 7a.Availability of information on offenders who
63.12 	are out of compliance with registration law. (a) The bureau of
63.13 	Criminal Apprehension may make information available to the
63.14 	public about offenders who are 16 years of age or older and who
63.15 	are out of compliance with this section for 30 days or longer
63.16 	for failure to provide the address of the offenders' primary or
63.17 	secondary residences addresses.  This information may be made
63.18 	available to the public through electronic, computerized, or
63.19 	other accessible means.  The amount and type of information made
63.20 	available shall be is limited to the information necessary for
63.21 	the public to assist law enforcement in locating the offender.
63.22 	(b) An offender who comes into compliance with this section
63.23 	after the bureau of Criminal Apprehension discloses information
63.24 	about the offender to the public may send a written request to
63.25 	the bureau requesting the bureau to treat information about the
63.26 	offender as private data, consistent with subdivision 7.  The
63.27 	bureau shall review the request and promptly take reasonable
63.28 	action to treat the data as private, if the offender has
63.29 	complied with the requirement that the offender provide the
63.30 	addresses of the offender's primary and secondary residences 
63.31 	addresses, or promptly notify the offender that the information
63.32 	will continue to be treated as public information and the
63.33 	reasons for the bureau's decision.
63.34 	(c) If an offender believes the information made public
63.35 	about the offender is inaccurate or incomplete, the offender may
63.36 	challenge the data under section 13.04, subdivision 4.
64.1 	(d) The bureau of Criminal Apprehension is immune from any
64.2 	civil or criminal liability that might otherwise arise, based on
64.3 	the accuracy or completeness of any information made public
64.4 	under this subdivision, if the bureau acts in good faith.
64.5 		Subd. 8.Law enforcement authority. For purposes of this
64.6 	section, a law enforcement authority means, with respect to a
64.7 	home rule charter or statutory city, the chief of police, and
64.8 	with respect to an unincorporated area, the sheriff of the
64.9 	county.
64.10 		Subd. 9.Offenders from other states. (a) When the state
64.11 	accepts an offender from another state under a reciprocal
64.12 	agreement under the interstate compact authorized by section
64.13 	243.16, the interstate compact authorized by section 243.1605,
64.14 	or under any authorized interstate agreement, the acceptance is
64.15 	conditional on the offender agreeing to register under this
64.16 	section when the offender is living in Minnesota.
64.17 	(b) The Bureau of Criminal Apprehension shall notify the
64.18 	commissioner of corrections:
64.19 	(1) when the bureau receives notice from a local law
64.20 	enforcement authority that a person from another state who is
64.21 	subject to this section has registered with the authority,
64.22 	unless the bureau previously received information about the
64.23 	offender from the commissioner of corrections;
64.24 	(2) when a registration authority, corrections agent, or
64.25 	law enforcement agency in another state notifies the bureau that
64.26 	a person from another state who is subject to this section is
64.27 	moving to Minnesota; and 
64.28 	(3) when the bureau learns that a person from another state
64.29 	is in Minnesota and allegedly in violation of subdivision 5 for
64.30 	failure to register.
64.31 	(c) When a local law enforcement agency notifies the bureau
64.32 	of an out-of-state offender's registration, the agency shall
64.33 	provide the bureau with information on whether the person is
64.34 	subject to community notification in another state and the risk
64.35 	level the person was assigned, if any.
64.36 	(d) The bureau must forward all information it receives
65.1 	regarding offenders covered under this subdivision from sources
65.2 	other than the commissioner of corrections to the commissioner.
65.3 	(e) When the bureau receives information directly from a
65.4 	registration authority, corrections agent, or law enforcement
65.5 	agency in another state that a person who may be subject to this
65.6 	section is moving to Minnesota, the bureau must ask whether the
65.7 	person entering the state is subject to community notification
65.8 	in another state and the risk level the person has been
65.9 	assigned, if any.
65.10 	(f) When the bureau learns that a person subject to this
65.11 	section intends to move into Minnesota from another state or has
65.12 	moved into Minnesota from another state, the bureau shall notify
65.13 	the law enforcement authority with jurisdiction in the area of
65.14 	the person's primary address and provide all information
65.15 	concerning the person that is available to the bureau.
65.16 	(g) The commissioner of corrections must determine the
65.17 	parole, supervised release, or conditional release status of
65.18 	persons who are referred to the commissioner under this
65.19 	subdivision.  If the commissioner determines that a person is
65.20 	subject to parole, supervised release, or conditional release in
65.21 	another state and is not registered in Minnesota under the
65.22 	applicable interstate compact, the commissioner shall inform the
65.23 	local law enforcement agency that the person is in violation of
65.24 	section 243.161.  If the person is not subject to supervised
65.25 	release, the commissioner shall notify the bureau and the local
65.26 	law enforcement agency of the person's status.
65.27 		Subd. 10.Venue; aggregation. (a) A violation of this
65.28 	section may be prosecuted in any jurisdiction where an offense
65.29 	takes place.  However, the prosecutorial agency in the
65.30 	jurisdiction where the person last registered a primary address
65.31 	is initially responsible to review the case for prosecution.
65.32 	(b) When a person commits two or more offenses in two or
65.33 	more counties, the accused may be prosecuted for all of the
65.34 	offenses in any county in which one of the offenses was
65.35 	committed.
65.36 		Subd. 11.Certified copies as evidence. Certified copies
66.1 	of predatory offender registration records are admissible as
66.2 	substantive evidence when necessary to prove the commission of a
66.3 	violation of this section.
66.4 	
EFFECTIVE DATE. The provisions of this section, except
66.5 	for subdivision 5a, are effective the day following final
66.6 	enactment, and apply to persons subject to predatory offender
66.7 	registration on or after that date, except for subdivision 9,
66.8 	which is effective July 1, 2005, and subdivision 4, paragraph
66.9 	(e), clause (3), is effective December 1, 2005.  Subdivision 5a
66.10 	is effective August 1, 2005, and applies to crimes committed on
66.11 	or after that date.  Subdivision 6, paragraph (c), is effective
66.12 	August 1, 2005, and applies to any offense, revocation of
66.13 	probation, supervised release, or conditional release that
66.14 	occurs on or after that date.

66.15 	Sec. 4. Minnesota Statutes 2004, section 243.167, is
66.16 	amended to read:
66.17 	243.167 REGISTRATION UNDER THE PREDATORY OFFENDER
66.18 	REGISTRATION LAW FOR OTHER OFFENSES.
66.19 		Subdivision 1.Definition. As used in this section,
66.20 	"crime against the person" means a violation of any of the
66.21 	following or a similar law of another state or of the United
66.22 	States:  section 609.165; 609.185; 609.19; 609.195; 609.20;
66.23 	609.205; 609.221; 609.222; 609.223; 609.2231;609.224,
66.24 	subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235;
66.25 	609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision
66.26 	2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23,
66.27 	subdivision 2; or any felony-level violation of section 609.229;
66.28 	609.377; 609.749; or 624.713.
66.29 		Subd. 2.When required. (a) In addition to the
66.30 	requirements of section 243.166, a person also shall register
66.31 	under section 243.166 if:
66.32 	(1) the person is convicted of a crime against the person;
66.33 	and
66.34 	(2) the person was previously convicted of or adjudicated
66.35 	delinquent for an offense listed in section 243.166, subdivision
66.36 	1, paragraph (a),but was not required to register for the
67.1 	offense because the registration requirements of that section
67.2 	did not apply to the person at the time the offense was
67.3 	committed or at the time the person was released from
67.4 	imprisonment.
67.5 	(b) A person who was previously required to register under
67.6 	section 243.166in any state and who has completed the
67.7 	registration requirements of that section state shall again
67.8 	register under section 243.166 if the person commits a crime
67.9 	against the person.
67.10 	
EFFECTIVE DATE. This section is effective August 1, 2005,
67.11 	and applies to crimes committed on or after that date.

67.12 	Sec. 5. Minnesota Statutes 2004, section 244.05,
67.13 	subdivision 7, is amended to read:
67.14 		Subd. 7.Sex offenders; civil commitment determination.
 67.15 	(a) Before the commissioner releases from prison any inmate
67.16 	convicted under sections 609.342 to 609.345 or sentenced as a
67.17 	patterned offender under section 609.108, and determined by the
67.18 	commissioner to be in a high risk category, the commissioner
67.19 	shall make a preliminary determination whether, in the
67.20 	commissioner's opinion, a petition under section 253B.185 may be
67.21 	appropriate. The commissioner's opinion must be based on a
67.22 	recommendation of a Department of Corrections screening
67.23 	committee and a legal review and recommendation from a
67.24 	representative of the Office of the Attorney General
67.25 	knowledgeable in the legal requirements of the civil commitment
67.26 	process.
67.27 	(b) In making this decision, the commissioner shall have
67.28 	access to the following data only for the purposes of the
67.29 	assessment and referral decision:
67.30 	(1) private medical data under section 13.384 or 144.335,
67.31 	or welfare data under section 13.46 that relate to medical
67.32 	treatment of the offender;
67.33 	(2) private and confidential court services data under
67.34 	section 13.84;
67.35 	(3) private and confidential corrections data under section
67.36 	13.85; and
68.1 	(4) private criminal history data under section 13.87.
68.2 	(c) If the commissioner determines that a petition may be
68.3 	appropriate, the commissioner shall forward this determination,
68.4 	along with a summary of the reasons for the determination, to
68.5 	the county attorney in the county where the inmate was convicted
68.6 	no later than 12 months before the inmate's release date.  If
68.7 	the inmate is received for incarceration with fewer than 12
68.8 	months remaining in the inmate's term of imprisonment, or if the
68.9 	commissioner receives additional information less than 12 months
68.10 	before release which that makes the inmate's case appropriate
68.11 	for referral, the commissioner shall forward the determination
68.12 	as soon as is practicable.  Upon receiving the commissioner's
68.13 	preliminary determination, the county attorney shall proceed in
68.14 	the manner provided in section 253B.185.  The commissioner shall
68.15 	release to the county attorney all requested documentation
68.16 	maintained by the department.
68.17 	
EFFECTIVE DATE. This section is effective the day
68.18 	following final enactment.

68.19 	Sec. 6. Minnesota Statutes 2004, section 244.052,
68.20 	subdivision 3, is amended to read:
68.21 		Subd. 3.End-of-confinement review committee.  (a) The
68.22 	commissioner of corrections shall establish and administer
68.23 	end-of-confinement review committees at each state correctional
68.24 	facility and at each state treatment facility where predatory
68.25 	offenders are confined.  The committees shall assess on a
68.26 	case-by-case basis the public risk posed by predatory offenders
68.27 	who are about to be released from confinement.
68.28 	(b) Each committee shall be a standing committee and shall
68.29 	consist of the following members appointed by the commissioner:
68.30 	(1) the chief executive officer or head of the correctional
68.31 	or treatment facility where the offender is currently confined,
68.32 	or that person's designee;
68.33 	(2) a law enforcement officer;
68.34 	(3) a treatment professional who is trained in the
68.35 	assessment of sex offenders;
68.36 	(4) a caseworker experienced in supervising sex offenders;
69.1 	and
69.2 	(5) a victim's services professional.
69.3 	Members of the committee, other than the facility's chief
69.4 	executive officer or head, shall be appointed by the
69.5 	commissioner to two-year terms.  The chief executive officer or
69.6 	head of the facility or designee shall act as chair of the
69.7 	committee and shall use the facility's staff, as needed, to
69.8 	administer the committee, obtain necessary information from
69.9 	outside sources, and prepare risk assessment reports on
69.10 	offenders.
69.11 	(c) The committee shall have access to the following data
69.12 	on a predatory offender only for the purposes of its assessment
69.13 	and to defend the committee's risk assessment determination upon
69.14 	administrative review under this section:
69.15 	(1) private medical data under section 13.384 or 144.335,
69.16 	or welfare data under section 13.46 that relate to medical
69.17 	treatment of the offender;
69.18 	(2) private and confidential court services data under
69.19 	section 13.84;
69.20 	(3) private and confidential corrections data under section
69.21 	13.85; and
69.22 	(4) private criminal history data under section 13.87.
69.23 	Data collected and maintained by the committee under this
69.24 	paragraph may not be disclosed outside the committee, except as
69.25 	provided under section 13.05, subdivision 3 or 4.  The predatory
69.26 	offender has access to data on the offender collected and
69.27 	maintained by the committee, unless the data are confidential
69.28 	data received under this paragraph.
69.29 	(d)(i) Except as otherwise provided in item (ii), at least
69.30 	90 days before a predatory offender is to be released from
69.31 	confinement, the commissioner of corrections shall convene the
69.32 	appropriate end-of-confinement review committee for the purpose
69.33 	of assessing the risk presented by the offender and determining
69.34 	the risk level to which the offender shall be assigned under
69.35 	paragraph (e).  The offender and the law enforcement agency that
69.36 	was responsible for the charge resulting in confinement shall be
70.1 	notified of the time and place of the committee's meeting.  The
70.2 	offender has a right to be present and be heard at the meeting.
70.3 	The law enforcement agency may provide material in writing that
70.4 	is relevant to the offender's risk level to the chair of the
70.5 	committee.  The committee shall use the risk factors described
70.6 	in paragraph (g) and the risk assessment scale developed under
70.7 	subdivision 2 to determine the offender's risk assessment score
70.8 	and risk level.  Offenders scheduled for release from
70.9 	confinement shall be assessed by the committee established at
70.10 	the facility from which the offender is to be released.
70.11 	(ii) If an offender is received for confinement in a
70.12 	facility with less than 90 days remaining in the offender's term
70.13 	of confinement, the offender's risk shall be assessed at the
70.14 	first regularly scheduled end of confinement review committee
70.15 	that convenes after the appropriate documentation for the risk
70.16 	assessment is assembled by the committee.  The commissioner
70.17 	shall make reasonable efforts to ensure that offender's risk is
70.18 	assessed and a risk level is assigned or reassigned at least 30
70.19 	days before the offender's release date.
70.20 	(e) The committee shall assign to risk level I a predatory
70.21 	offender whose risk assessment score indicates a low risk of
70.22 	reoffense.  The committee shall assign to risk level II an
70.23 	offender whose risk assessment score indicates a moderate risk
70.24 	of reoffense.  The committee shall assign to risk level III an
70.25 	offender whose risk assessment score indicates a high risk of
70.26 	reoffense.
70.27 	(f) Before the predatory offender is released from
70.28 	confinement, the committee shall prepare a risk assessment
70.29 	report which specifies the risk level to which the offender has
70.30 	been assigned and the reasons underlying the committee's risk
70.31 	assessment decision.  The committee shall give the report to the
70.32 	offender and to the law enforcement agency at least 60 days
70.33 	before an offender is released from confinement.  If the risk
70.34 	assessment is performed under the circumstances described in
70.35 	paragraph (d), item (ii), the report shall be given to the
70.36 	offender and the law enforcement agency as soon as it is
71.1 	available.  The committee also shall inform the offender of the
71.2 	availability of review under subdivision 6.
71.3 	(g) As used in this subdivision, "risk factors" includes,
71.4 	but is not limited to, the following factors:
71.5 	(1) the seriousness of the offense should the offender
71.6 	reoffend.  This factor includes consideration of the following:
71.7 	(i) the degree of likely force or harm;
71.8 	(ii) the degree of likely physical contact; and
71.9 	(iii) the age of the likely victim;
71.10 	(2) the offender's prior offense history.  This factor
71.11 	includes consideration of the following:
71.12 	(i) the relationship of prior victims to the offender;
71.13 	(ii) the number of prior offenses or victims;
71.14 	(iii) the duration of the offender's prior offense history;
71.15 	(iv) the length of time since the offender's last prior
71.16 	offense while the offender was at risk to commit offenses; and
71.17 	(v) the offender's prior history of other antisocial acts;
71.18 	(3) the offender's characteristics.  This factor includes
71.19 	consideration of the following:
71.20 	(i) the offender's response to prior treatment efforts; and
71.21 	(ii) the offender's history of substance abuse;
71.22 	(4) the availability of community supports to the offender.
71.23 	This factor includes consideration of the following:
71.24 	(i) the availability and likelihood that the offender will
71.25 	be involved in therapeutic treatment;
71.26 	(ii) the availability of residential supports to the
71.27 	offender, such as a stable and supervised living arrangement in
71.28 	an appropriate location;
71.29 	(iii) the offender's familial and social relationships,
71.30 	including the nature and length of these relationships and the
71.31 	level of support that the offender may receive from these
71.32 	persons; and
71.33 	(iv) the offender's lack of education or employment
71.34 	stability;
71.35 	(5) whether the offender has indicated or credible evidence
71.36 	in the record indicates that the offender will reoffend if
72.1 	released into the community; and
72.2 	(6) whether the offender demonstrates a physical condition
72.3 	that minimizes the risk of reoffense, including but not limited
72.4 	to, advanced age or a debilitating illness or physical condition.
72.5 	(h) Upon the request of the law enforcement agency or the
72.6 	offender's corrections agent, the commissioner may reconvene the
72.7 	end-of-confinement review committee for the purpose of
72.8 	reassessing the risk level to which an offender has been
72.9 	assigned under paragraph (e).  In a request for a reassessment,
72.10 	the law enforcement agency which was responsible for the charge
72.11 	resulting in confinement or agent shall list the facts and
72.12 	circumstances arising after the initial assignment or facts and
72.13 	circumstances known to law enforcement or the agent but not
72.14 	considered by the committee under paragraph (e) which support
72.15 	the request for a reassessment.  The request for reassessment by
72.16 	the law enforcement agency must occur within 30 days of receipt
72.17 	of the report indicating the offender's risk level assignment.
72.18 	The offender's corrections agent, in consultation with the chief
72.19 	law enforcement officer in the area where the offender resides
72.20 	or intends to reside, may request a review of a risk level at
72.21 	any time if substantial evidence exists that the offender's risk
72.22 	level should be reviewed by an end-of-confinement review
72.23 	committee.  This evidence includes, but is not limited to,
72.24 	evidence of treatment failures or completions, evidence of
72.25 	exceptional crime-free community adjustment or lack of
72.26 	appropriate adjustment, evidence of substantial community need
72.27 	to know more about the offender or mitigating circumstances that
72.28 	would narrow the proposed scope of notification, or other
72.29 	practical situations articulated and based in evidence of the
72.30 	offender's behavior while under supervision.  Upon review of the
72.31 	request, the end-of-confinement review committee may reassign an
72.32 	offender to a different risk level.  If the offender is
72.33 	reassigned to a higher risk level, the offender has the right to
72.34 	seek review of the committee's determination under subdivision 6.
72.35 	(i) An offender may request the end-of-confinement review
72.36 	committee to reassess the offender's assigned risk level after
73.1 	three years have elapsed since the committee's initial risk
73.2 	assessment and may renew the request once every two years
73.3 	following subsequent denials.  In a request for reassessment,
73.4 	the offender shall list the facts and circumstances which
73.5 	demonstrate that the offender no longer poses the same degree of
73.6 	risk to the community.  In order for a request for a risk level
73.7 	reduction to be granted, the offender must demonstrate full
73.8 	compliance with supervised release conditions, completion of
73.9 	required post-release treatment programming, and full compliance
73.10 	with all registration requirements as detailed in section
73.11 	243.166.  The offender must also not have been convicted of any
73.12 	felony, gross misdemeanor, or misdemeanor offenses subsequent to
73.13 	the assignment of the original risk level.  The committee shall
73.14 	follow the process outlined in paragraphs (a) to (c) in the
73.15 	reassessment.  An offender who is incarcerated may not request a
73.16 	reassessment under this paragraph.
73.17 	(j) Offenders returned to prison as release violators shall
73.18 	not have a right to a subsequent risk reassessment by the
73.19 	end-of-confinement review committee unless substantial evidence
73.20 	indicates that the offender's risk to the public has increased.
73.21 	(k) The commissioner shall establish an end-of-confinement
73.22 	review committee to assign a risk level to offenders who are
73.23 	released from a federal correctional facility in Minnesota or
73.24 	another state and who intend to reside in Minnesota, and to
73.25 	offenders accepted from another state under a reciprocal
73.26 	agreement for parole supervision under the interstate compact
73.27 	authorized by section 243.16.  The committee shall make
73.28 	reasonable efforts to conform to the same timelines as applied
73.29 	to Minnesota cases.  Offenders accepted from another state under
73.30 	a reciprocal agreement for probation supervision are not
73.31 	assigned a risk level, but are considered downward dispositional
73.32 	departures.  The probation or court services officer and law
73.33 	enforcement officer shall manage such cases in accordance with
73.34 	section 244.10, subdivision 2a.  The policies and procedures of
73.35 	the committee for federal offenders and interstate compact cases
73.36 	must be in accordance with all requirements as set forth in this
74.1 	section, unless restrictions caused by the nature of federal or
74.2 	interstate transfers prevents such conformance.
74.3 	(l) If the committee assigns a predatory offender to risk
74.4 	level III, the committee shall determine whether residency
74.5 	restrictions shall be included in the conditions of the
74.6 	offender's release based on the offender's pattern of offending
74.7 	behavior.
74.8 	
EFFECTIVE DATE. This section is effective July 1, 2005,
74.9 	and applies to persons subject to community notification on or
74.10 	after that date.

74.11 	Sec. 7. Minnesota Statutes 2004, section 244.052, is
74.12 	amended by adding a subdivision to read:
74.13 		Subd. 3a.Offenders from other states and offenders
74.14 	released from federal facilities. (a) Except as provided in
74.15 	paragraph (b), the commissioner shall establish an
74.16 	end-of-confinement review committee to assign a risk level:
74.17 	(1) to offenders who are released from a federal
74.18 	correctional facility in Minnesota or a federal correctional
74.19 	facility in another state and who intend to reside in Minnesota;
74.20 	(2) to offenders who are accepted from another state under
74.21 	the interstate compact authorized by section 243.16 or 243.1605
74.22 	or any other authorized interstate agreement; and 
74.23 	(3) to offenders who are referred to the committee by local
74.24 	law enforcement agencies under paragraph (f).
74.25 	(b) This subdivision does not require the commissioner to
74.26 	convene an end-of-confinement review committee for a person
74.27 	coming into Minnesota who is subject to probation under another
74.28 	state's law.  The probation or court services officer and law
74.29 	enforcement officer shall manage such cases in accordance with
74.30 	section 244.10, subdivision 2a.
74.31 	(c) The committee shall make reasonable efforts to conform
74.32 	to the same timelines applied to offenders released from a
74.33 	Minnesota correctional facility and shall collect all relevant
74.34 	information and records on offenders assessed and assigned a
74.35 	risk level under this subdivision.  However, for offenders who
74.36 	were assigned the most serious risk level by another state, the
75.1 	committee must act promptly to collect the information required
75.2 	under this paragraph.
75.3 	The end-of-confinement review committee must proceed in
75.4 	accordance with all requirements set forth in this section and
75.5 	follow all policies and procedures applied to offenders released
75.6 	from a Minnesota correctional facility in reviewing information
75.7 	and assessing the risk level of offenders covered by this
75.8 	subdivision, unless restrictions caused by the nature of federal
75.9 	or interstate transfers prevent such conformance.  All of the
75.10 	provisions of this section apply to offenders who are assessed
75.11 	and assigned a risk level under this subdivision.
75.12 	(d) If a local law enforcement agency learns or suspects
75.13 	that a person who is subject to this section is living in
75.14 	Minnesota and a risk level has not been assigned to the person
75.15 	under this section, the law enforcement agency shall provide
75.16 	this information to the Bureau of Criminal Apprehension and the
75.17 	commissioner of corrections within three business days.
75.18 	(e) If the commissioner receives reliable information from
75.19 	a local law enforcement agency or the bureau that a person
75.20 	subject to this section is living in Minnesota and a local law
75.21 	enforcement agency so requests, the commissioner must determine
75.22 	if the person was assigned a risk level under a law comparable
75.23 	to this section.  If the commissioner determines that the law is
75.24 	comparable and public safety warrants, the commissioner, within
75.25 	three business days of receiving a request, shall notify the
75.26 	local law enforcement agency that it may, in consultation with
75.27 	the department, proceed with notification under subdivision 4
75.28 	based on the person's out-of-state risk level.  However, if the
75.29 	commissioner concludes that the offender is from a state with a
75.30 	risk level assessment law that is not comparable to this
75.31 	section, the extent of the notification may not exceed that of a
75.32 	risk level II offender under subdivision 4, paragraph (b),
75.33 	unless the requirements of paragraph (f) have been met.  If an
75.34 	assessment is requested from the end-of-confinement review
75.35 	committee under paragraph (f), the local law enforcement agency
75.36 	may continue to disclose information under subdivision 4 until
76.1 	the committee assigns the person a risk level.  After the
76.2 	committee assigns a risk level to an offender pursuant to a
76.3 	request made under paragraph (f), the information disclosed by
76.4 	law enforcement shall be consistent with the risk level assigned
76.5 	by the End-of-Confinement Review Committee.  The commissioner of
76.6 	corrections, in consultation with legal advisers, shall
76.7 	determine whether the law of another state is comparable to this
76.8 	section.
76.9 	(f) If the local law enforcement agency wants to make a
76.10 	broader disclosure than is authorized under paragraph (e), the
76.11 	law enforcement agency may request that an End-of-Confinement
76.12 	Review Committee assign a risk level to the offender.  The local
76.13 	law enforcement agency shall provide to the committee all
76.14 	information concerning the offender's criminal history, the risk
76.15 	the offender poses to the community, and other relevant
76.16 	information.  The department shall attempt to obtain other
76.17 	information relevant to determining which risk level to assign
76.18 	the offender.  The committee shall promptly assign a risk level
76.19 	to an offender referred to the committee under this paragraph.
76.20 	
EFFECTIVE DATE. This section is effective July 1, 2005,
76.21 	and applies to persons subject to community notification on or
76.22 	after that date.

76.23 	Sec. 8. Minnesota Statutes 2004, section 244.052,
76.24 	subdivision 4, is amended to read:
76.25 		Subd. 4.Law enforcement agency; disclosure of
76.26 	information to public.  (a) The law enforcement agency in the
76.27 	area where the predatory offender resides, expects to reside, is
76.28 	employed, or is regularly found, shall disclose to the public
76.29 	any information regarding the offender contained in the report
76.30 	forwarded to the agency under subdivision 3, paragraph (f), that
76.31 	is relevant and necessary to protect the public and to
76.32 	counteract the offender's dangerousness, consistent with the
76.33 	guidelines in paragraph (b).  The extent of the information
76.34 	disclosed and the community to whom disclosure is made must
76.35 	relate to the level of danger posed by the offender, to the
76.36 	offender's pattern of offending behavior, and to the need of
77.1 	community members for information to enhance their individual
77.2 	and collective safety.
77.3 	(b) The law enforcement agency shall employ the following
77.4 	guidelines in determining the scope of disclosure made under
77.5 	this subdivision:
77.6 	(1) if the offender is assigned to risk level I, the agency
77.7 	may maintain information regarding the offender within the
77.8 	agency and may disclose it to other law enforcement agencies.
77.9 	Additionally, the agency may disclose the information to any
77.10 	victims of or witnesses to the offense committed by the
77.11 	offender. The agency shall disclose the information to victims
77.12 	of the offense committed by the offender who have requested
77.13 	disclosure and to adult members of the offender's immediate
77.14 	household;
77.15 	(2) if the offender is assigned to risk level II, the
77.16 	agency also may disclose the information to agencies and groups
77.17 	that the offender is likely to encounter for the purpose of
77.18 	securing those institutions and protecting individuals in their
77.19 	care while they are on or near the premises of the institution.
77.20 	These agencies and groups include the staff members of public
77.21 	and private educational institutions, day care establishments,
77.22 	and establishments and organizations that primarily serve
77.23 	individuals likely to be victimized by the offender.  The agency
77.24 	also may disclose the information to individuals the agency
77.25 	believes are likely to be victimized by the offender.  The
77.26 	agency's belief shall be based on the offender's pattern of
77.27 	offending or victim preference as documented in the information
77.28 	provided by the department of corrections or human services;
77.29 	(3) if the offender is assigned to risk level III, the
77.30 	agency shall disclose the information to the persons and
77.31 	entities described in clauses (1) and (2) and to other members
77.32 	of the community whom the offender is likely to encounter,
77.33 	unless the law enforcement agency determines that public safety
77.34 	would be compromised by the disclosure or that a more limited
77.35 	disclosure is necessary to protect the identity of the victim.
77.36 	Notwithstanding the assignment of a predatory offender to
78.1 	risk level II or III, a law enforcement agency may not make the
78.2 	disclosures permitted or required by clause (2) or (3), if:  the
78.3 	offender is placed or resides in a residential facility.
78.4 	However, if an offender is placed or resides in a residential
78.5 	facility, the offender and the head of the facility shall
78.6 	designate the offender's likely residence upon release from the
78.7 	facility and the head of the facility shall notify the
78.8 	commissioner of corrections or the commissioner of human
78.9 	services of the offender's likely residence at least 14 days
78.10 	before the offender's scheduled release date.  The commissioner
78.11 	shall give this information to the law enforcement agency having
78.12 	jurisdiction over the offender's likely residence.  The head of
78.13 	the residential facility also shall notify the commissioner of
78.14 	corrections or human services within 48 hours after finalizing
78.15 	the offender's approved relocation plan to a permanent
78.16 	residence.  Within five days after receiving this notification,
78.17 	the appropriate commissioner shall give to the appropriate law
78.18 	enforcement agency all relevant information the commissioner has
78.19 	concerning the offender, including information on the risk
78.20 	factors in the offender's history and the risk level to which
78.21 	the offender was assigned.  After receiving this information,
78.22 	the law enforcement agency shall make the disclosures permitted
78.23 	or required by clause (2) or (3), as appropriate.
78.24 	(c) As used in paragraph (b), clauses (2) and (3), "likely
78.25 	to encounter" means that:
78.26 	(1) the organizations or community members are in a
78.27 	location or in close proximity to a location where the offender
78.28 	lives or is employed, or which the offender visits or is likely
78.29 	to visit on a regular basis, other than the location of the
78.30 	offender's outpatient treatment program; and
78.31 	(2) the types of interaction which ordinarily occur at that
78.32 	location and other circumstances indicate that contact with the
78.33 	offender is reasonably certain.
78.34 	(d) A law enforcement agency or official who discloses
78.35 	information under this subdivision shall make a good faith
78.36 	effort to make the notification within 14 days of receipt of a
79.1 	confirmed address from the Department of Corrections indicating
79.2 	that the offender will be, or has been, released from
79.3 	confinement, or accepted for supervision, or has moved to a new
79.4 	address and will reside at the address indicated.  If a change
79.5 	occurs in the release plan, this notification provision does not
79.6 	require an extension of the release date.
79.7 	(e) A law enforcement agency or official who discloses
79.8 	information under this subdivision shall not disclose the
79.9 	identity or any identifying characteristics of the victims of or
79.10 	witnesses to the offender's offenses.
79.11 	(f) A law enforcement agency shall continue to disclose
79.12 	information on an offender as required by this subdivision for
79.13 	as long as the offender is required to register under section
79.14 	243.166. This requirement on a law enforcement agency to
79.15 	continue to disclose information also applies to an offender who
79.16 	lacks a primary address and is registering under section
79.17 	243.166, subdivision 3a.
79.18 	(g) A law enforcement agency that is disclosing information
79.19 	on an offender assigned to risk level III to the public under
79.20 	this subdivision shall inform the commissioner of corrections
79.21 	what information is being disclosed and forward this information
79.22 	to the commissioner within two days of the agency's
79.23 	determination.  The commissioner shall post this information on
79.24 	the Internet as required in subdivision 4b.
79.25 	(h) A city council may adopt a policy that addresses when
79.26 	information disclosed under this subdivision must be presented
79.27 	in languages in addition to English.  The policy may address
79.28 	when information must be presented orally, in writing, or both
79.29 	in additional languages by the law enforcement agency disclosing
79.30 	the information.  The policy may provide for different
79.31 	approaches based on the prevalence of non-English languages in
79.32 	different neighborhoods.
79.33 	
EFFECTIVE DATE. This section is effective the day
79.34 	following final enactment, and applies to persons subject to
79.35 	community notification on or after that date.

79.36 	Sec. 9. Minnesota Statutes 2004, section 244.052, is
80.1 	amended by adding a subdivision to read:
80.2 		Subd. 4c.Law enforcement agency; disclosure of
80.3 	information to a health care facility. (a) The law enforcement
80.4 	agency in the area where a health care facility is located shall
80.5 	disclose the registrant status of any sex offender registered
80.6 	under section 243.166 to the health care facility if the
80.7 	registered offender is receiving inpatient care in that facility.
80.8 	(b) "Health care facility" means a hospital or other entity
80.9 	licensed under sections 144.50 to 144.58, nursing facilities
80.10 	certified for participation in the federal Medicare or Medicaid
80.11 	programs and licensed as a nursing home under chapter 144A, a
80.12 	boarding care home under sections 144.50 to 144.56, or a group
80.13 	residential housing facility or an intermediate care facility
80.14 	for the mentally retarded licensed under chapter 245A.
80.15 	
EFFECTIVE DATE. This section is effective the day
80.16 	following final enactment.

80.17 	Sec. 10. Minnesota Statutes 2004, section 626.556,
80.18 	subdivision 3, is amended to read:
80.19 		Subd. 3.Persons mandated to report.  (a) A person who
80.20 	knows or has reason to believe a child is being neglected or
80.21 	physically or sexually abused, as defined in subdivision 2, or
80.22 	has been neglected or physically or sexually abused within the
80.23 	preceding three years, shall immediately report the information
80.24 	to the local welfare agency, agency responsible for assessing or
80.25 	investigating the report, police department, or the county
80.26 	sheriff if the person is:
80.27 	(1) a professional or professional's delegate who is
80.28 	engaged in the practice of the healing arts, social services,
80.29 	hospital administration, psychological or psychiatric treatment,
80.30 	child care, education, probation and correctional services,or
80.31 	law enforcement; or
80.32 	(2) employed as a member of the clergy and received the
80.33 	information while engaged in ministerial duties, provided that a
80.34 	member of the clergy is not required by this subdivision to
80.35 	report information that is otherwise privileged under section
80.36 	595.02, subdivision 1, paragraph (c).
81.1 	The police department or the county sheriff, upon receiving
81.2 	a report, shall immediately notify the local welfare agency or
81.3 	agency responsible for assessing or investigating the report,
81.4 	orally and in writing.  The local welfare agency, or agency
81.5 	responsible for assessing or investigating the report, upon
81.6 	receiving a report, shall immediately notify the local police
81.7 	department or the county sheriff orally and in writing.  The
81.8 	county sheriff and the head of every local welfare agency,
81.9 	agency responsible for assessing or investigating reports, and
81.10 	police department shall each designate a person within their
81.11 	agency, department, or office who is responsible for ensuring
81.12 	that the notification duties of this paragraph and paragraph (b)
81.13 	are carried out.  Nothing in this subdivision shall be construed
81.14 	to require more than one report from any institution, facility,
81.15 	school, or agency.
81.16 	(b) Any person may voluntarily report to the local welfare
81.17 	agency, agency responsible for assessing or investigating the
81.18 	report, police department, or the county sheriff if the person
81.19 	knows, has reason to believe, or suspects a child is being or
81.20 	has been neglected or subjected to physical or sexual abuse.
81.21 	The police department or the county sheriff, upon receiving a
81.22 	report, shall immediately notify the local welfare agency or
81.23 	agency responsible for assessing or investigating the report,
81.24 	orally and in writing.  The local welfare agency or agency
81.25 	responsible for assessing or investigating the report, upon
81.26 	receiving a report, shall immediately notify the local police
81.27 	department or the county sheriff orally and in writing.
81.28 	(c) A person mandated to report physical or sexual child
81.29 	abuse or neglect occurring within a licensed facility shall
81.30 	report the information to the agency responsible for licensing
81.31 	the facility under sections 144.50 to 144.58; 241.021; 245A.01
81.32 	to 245A.16; or chapter 245B; or a nonlicensed personal care
81.33 	provider organization as defined in sections 256B.04,
81.34 	subdivision 16; and 256B.0625, subdivision 19.  A health or
81.35 	corrections agency receiving a report may request the local
81.36 	welfare agency to provide assistance pursuant to subdivisions
82.1 	10, 10a, and 10b.  A board or other entity whose licensees
82.2 	perform work within a school facility, upon receiving a
82.3 	complaint of alleged maltreatment, shall provide information
82.4 	about the circumstances of the alleged maltreatment to the
82.5 	commissioner of education.  Section 13.03, subdivision 4,
82.6 	applies to data received by the commissioner of education from a
82.7 	licensing entity.
82.8 	(d) Any person mandated to report shall receive a summary
82.9 	of the disposition of any report made by that reporter,
82.10 	including whether the case has been opened for child protection
82.11 	or other services, or if a referral has been made to a community
82.12 	organization, unless release would be detrimental to the best
82.13 	interests of the child.  Any person who is not mandated to
82.14 	report shall, upon request to the local welfare agency, receive
82.15 	a concise summary of the disposition of any report made by that
82.16 	reporter, unless release would be detrimental to the best
82.17 	interests of the child.
82.18 	(e) For purposes of this subdivision, "immediately" means
82.19 	as soon as possible but in no event longer than 24 hours.
82.20 	
EFFECTIVE DATE. This section is effective the day
82.21 	following final enactment.

82.22 	Sec. 11. REVISOR'S INSTRUCTION.
 82.23 	The revisor of statutes shall change all references to
82.24 	Minnesota Statutes, section 243.166, subdivision 1, in Minnesota
82.25 	Statutes to section 243.166.  In addition, the revisor shall
82.26 	make other technical changes necessitated by this article.

82.27 	EFFECTIVE DATE. This section is effective the day
82.28 	following final enactment.

82.29 	Sec. 12. REPEALER.
 82.30 	Minnesota Statutes 2004, section 243.166, subdivisions 1
82.31 	and 8, are repealed.

82.32 	EFFECTIVE DATE. This section is effective the day
82.33 	following final enactment.

82.34 	ARTICLE 6
82.35 	HUMAN SERVICES ACCESS TO PREDATORY OFFENDER REGISTRY

82.36 	Section 1. Minnesota Statutes 2004, section 243.166,
83.1 	subdivision 7, is amended to read:
83.2 		Subd. 7.Use of information data.  Except as otherwise
83.3 	provided in subdivision 7a or sections 244.052 and 299C.093, the
83.4 	information data provided under this section is private data on
83.5 	individuals under section 13.02, subdivision 12.  The
83.6 	information data may be used only for law enforcement and
83.7 	corrections purposes. State-operated services, as defined in
83.8 	section 246.014, is also authorized to have access to the data
83.9 	for the purposes described in section 246.13, subdivision 2,
83.10 	paragraph (c).

83.11 	Sec. 2. Minnesota Statutes 2004, section 246.13, is
83.12 	amended to read:
83.13 	246.13  RECORD RECORDS OF PATIENTS AND RESIDENTS
83.14 	IN RECEIVING STATE-OPERATED SERVICES.
83.15 		Subdivision 1.Powers, duties, and authority of
83.16 	commissioner. (a) The commissioner of human services' office
83.17 	shall have, accessible only by consent of the commissioner or on
83.18 	the order of a judge or court of record, a record showing the
83.19 	residence, sex, age, nativity, occupation, civil condition, and
83.20 	date of entrance or commitment of every person, in the
83.21 	state-operated services facilities as defined under section
83.22 	246.014 under exclusive control of the commissioner; the date of
83.23 	discharge and whether such discharge was final; the condition of
83.24 	the person when the person left the state-operated services
83.25 	facility; the vulnerable adult abuse prevention associated with
83.26 	the person;and the date and cause of all deaths.  The record
83.27 	shall state every transfer from one state-operated services
83.28 	facility to another, naming each state-operated services
83.29 	facility.  This information shall be furnished to the
83.30 	commissioner of human services by each public agency, along with
83.31 	other obtainable facts as the commissioner may require.  When a
83.32 	patient or resident in a state-operated services facility is
83.33 	discharged, transferred, or dies, the head of the state-operated
83.34 	services facility or designee shall inform the commissioner of
83.35 	human services of these events within ten days on forms
83.36 	furnished by the commissioner.
84.1 	(b) The commissioner of human services shall cause to be
84.2 	devised, installed, and operated an adequate system of records
84.3 	and statistics which shall consist of all basic record forms,
84.4 	including patient personal records and medical record forms, and
84.5 	the manner of their use shall be precisely uniform throughout
84.6 	all state-operated services facilities.
84.7 		Subd. 2.Definitions; risk assessment and management. (a)
84.8 	As used in this section:
84.9 	(1) "appropriate and necessary medical and other records"
84.10 	includes patient medical record and other protected health
84.11 	information as defined by Code of Federal Regulations, title 45,
84.12 	section 164.501, relating to a patient in a state-operated
84.13 	services facility, including but not limited to the patient's
84.14 	treatment plan and abuse prevention plan that is pertinent to
84.15 	the patient's ongoing care, treatment, or placement in a
84.16 	community-based treatment facility or a health care facility
84.17 	that is not operated by state-operated services, and includes
84.18 	information describing the level of risk posed by a patient when
84.19 	the patient enters such a facility;
84.20 	(2) "community-based treatment" means the community support
84.21 	services listed in section 253B.02, subdivision 4b;
84.22 	(3) "criminal history databases" refers to the Corrections
84.23 	Offender Management Systems (COMS) and Statewide Supervision
84.24 	System (S3) maintained by the Department of Corrections;
84.25 	Criminal Justice Information System (CJIS) and Predatory
84.26 	Offender Registration (POR) system maintained by the Department
84.27 	of Public Safety; and the CriMNet system.  As used in this
84.28 	section, criminal history data means those data maintained or
84.29 	used by the Department of Corrections or the Department of
84.30 	Public Safety that describe a person's criminal history or
84.31 	propensity for violence;
84.32 	(4) "designated agency" means the agency defined in section
84.33 	253B.02, subdivision 5;
84.34 	(5) "law enforcement agency" means the law enforcement
84.35 	agency having primary jurisdiction over the location where the
84.36 	offender expects to reside upon release;
85.1 	(6) "predatory offender" and "offender" mean a person who
85.2 	is required to register as a predatory offender under section
85.3 	243.166; and 
85.4 	(7) "treatment facility" means a facility as defined in
85.5 	section 253B.02, subdivision 19.
85.6 	(b) To promote public safety and for the purposes and
85.7 	subject to the requirements of paragraph (c), the commissioner
85.8 	or the commissioner's designee shall have access to and review
85.9 	medical and criminal history data as provided by this section.
85.10 	(c) The commissioner or the commissioner's designee shall
85.11 	disseminate information to designated treatment facility staff,
85.12 	special review board members, and end-of-confinement review
85.13 	committee members such data as is necessary to comply with
85.14 	Minnesota Rules, part 1205.0400 to:
85.15 	(1) determine whether a patient is required under state law
85.16 	to register as a predatory offender according to section
85.17 	244.166;
85.18 	(2) facilitate and expedite the responsibilities of the
85.19 	special review board and end-of-confinement review committees by
85.20 	corrections institutions and state treatment facilities;
85.21 	(3) prepare, amend, or revise the abuse prevention plans
85.22 	required under section 626.557, subdivision 14, and individual
85.23 	patient treatment plans required under section 253B.03,
85.24 	subdivision 7; and 
85.25 	(4) facilitate the custody, supervision, and transport of
85.26 	individuals transferred between the Department of Corrections
85.27 	and the Department of Human Services.
85.28 	(d) The commissioner may have access to the National Crime
85.29 	Information Center (NCIC) database, through the Department of
85.30 	Public Safety, in support of the law enforcement function
85.31 	described in paragraph (c).
85.32 		Subd. 3.Community-based treatment and medical
85.33 	treatment. (a) When a patient under the care and supervision of
85.34 	state-operated services is released to a community-based
85.35 	treatment facility or facility that provides health care
85.36 	services, state-operated services may disclose all appropriate
86.1 	and necessary health and other information relating to the
86.2 	patient.
86.3 	(b) The information that must be provided to the designated
86.4 	agency, community-based treatment facility, or facility that
86.5 	provides health care services includes but is not limited to the
86.6 	patient's abuse prevention plan required under section 626.557,
86.7 	subdivision 14, paragraph (b).
86.8 		Subd. 4.Predatory offender registration
86.9 	notification. (a) When a state-operated facility determines
86.10 	that a patient is required under section 243.166, subdivision 1,
86.11 	to register as a predatory offender or, under section 243.166,
86.12 	subdivision 4a, to provide notice of a change in status, the
86.13 	facility shall provide written notice to the patient of the
86.14 	requirement.
86.15 	(b) If the patient refuses, is unable, or lacks capacity to
86.16 	comply with the requirement described in paragraph (a) within
86.17 	five days after receiving the notification of the duty to
86.18 	comply, state-operated services staff shall obtain and disclose
86.19 	the necessary data to complete the registration form or change
86.20 	of status notification for the patient.  The treatment facility
86.21 	shall also forward the registration or change of status data
86.22 	that it completes to the Bureau of Criminal Apprehension and, as
86.23 	applicable, the patient's corrections agent and the law
86.24 	enforcement agency in the community in which the patient
86.25 	currently resides.  If, after providing notification, the
86.26 	patient refuses to comply with the requirements described in
86.27 	paragraph (a), the treatment facility shall also notify the
86.28 	county attorney in the county in which the patient is currently
86.29 	residing of the refusal.
86.30 	(c) The duties of state-operated services described in this
86.31 	subdivision do not relieve the patient of the ongoing individual
86.32 	duty to comply with the requirements of section 243.166.
86.33 		Subd. 5.Limitations on use of bloodborne pathogen test
86.34 	results. Sections 246.71, 246.711, 246.712, 246.713, 246.714,
86.35 	246.715, 246.716, 246.717, 246.718, 246.719, 246.72, 246.721,
86.36 	and 246.722 apply to state-operated services facilities.

87.1 	Sec. 3. Minnesota Statutes 2004, section 253B.18,
87.2 	subdivision 4a, is amended to read:
87.3 		Subd. 4a.Release on pass; notification.  A patient who
87.4 	has been committed as a person who is mentally ill and dangerous
87.5 	and who is confined at a secure treatment facility or has been
87.6 	transferred out of a state-operated services facility according
87.7 	to section 253B.18, subdivision 6,shall not be released on a
87.8 	pass unless the pass is part of a pass plan that has been
87.9 	approved by the medical director of the secure treatment
87.10 	facility.  The pass plan must have a specific therapeutic
87.11 	purpose consistent with the treatment plan, must be established
87.12 	for a specific period of time, and must have specific levels of
87.13 	liberty delineated.  The county case manager must be invited to
87.14 	participate in the development of the pass plan.  At least ten
87.15 	days prior to a determination on the plan, the medical director
87.16 	shall notify the designated agency, the committing court, the
87.17 	county attorney of the county of commitment, an interested
87.18 	person, the local law enforcement agency where the facility is
87.19 	located,the local law enforcement agency in the location where
87.20 	the pass is to occur, the petitioner, and the petitioner's
87.21 	counsel of the plan, the nature of the passes proposed, and
87.22 	their right to object to the plan.  If any notified person
87.23 	objects prior to the proposed date of implementation, the person
87.24 	shall have an opportunity to appear, personally or in writing,
87.25 	before the medical director, within ten days of the objection,
87.26 	to present grounds for opposing the plan.  The pass plan shall
87.27 	not be implemented until the objecting person has been furnished
87.28 	that opportunity.  Nothing in this subdivision shall be
87.29 	construed to give a patient an affirmative right to a pass plan.

87.30 	Sec. 4. Minnesota Statutes 2004, section 299C.093, is
87.31 	amended to read:
87.32 	299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.
87.33 	The superintendent of the bureau of criminal apprehension
87.34 	shall maintain a computerized data system relating to
87.35 	individuals required to register as predatory offenders under
87.36 	section 243.166.  To the degree feasible, the system must
88.1 	include the information data required to be provided under
88.2 	section 243.166, subdivisions 4 and 4a, and indicate the time
88.3 	period that the person is required to register.  The
88.4 	superintendent shall maintain this information data in a manner
88.5 	that ensures that it is readily available to law enforcement
88.6 	agencies.  This information data is private data on individuals
88.7 	under section 13.02, subdivision 12, but may be used for law
88.8 	enforcement and corrections purposes. State-operated services,
88.9 	as defined in section 246.014, is also authorized to have access
88.10 	to the data for the purposes described in section 246.13,
88.11 	subdivision 2, paragraph (c).

88.12 	Sec. 5. Minnesota Statutes 2004, section 609.2231,
88.13 	subdivision 3, is amended to read:
88.14 		Subd. 3.Correctional employees; probation officers.
 88.15 	Whoever commits either of the following acts against an employee
88.16 	of a correctional facility as defined in section 241.021,
88.17 	subdivision 1, paragraph (f), or an employee or other individual
88.18 	who provides care or treatment at a treatment facility as
88.19 	defined in section 252.025, subdivision 7, or 253B.02,
88.20 	subdivision 18a,or against a probation officer or other
88.21 	qualified person employed in supervising offenders while the
88.22 	employee, officer, or person is engaged in the performance of a
88.23 	duty imposed by law, policy, or rule is guilty of a felony and
88.24 	may be sentenced to imprisonment for not more than two years or
88.25 	to payment of a fine of not more than $4,000, or both:
88.26 	(1) assaults the employee person and inflicts demonstrable
88.27 	bodily harm; or
88.28 	(2) intentionally throws or otherwise transfers bodily
88.29 	fluids or feces at or onto the employee person.

88.30 	Sec. 6. Minnesota Statutes 2004, section 626.557,
88.31 	subdivision 14, is amended to read:
88.32 		Subd. 14.Abuse prevention plans.  (a) Each facility,
88.33 	except home health agencies and personal care attendant services
88.34 	providers, shall establish and enforce an ongoing written abuse
88.35 	prevention plan.  The plan shall contain an assessment of the
88.36 	physical plant, its environment, and its population identifying
89.1 	factors which may encourage or permit abuse, and a statement of
89.2 	specific measures to be taken to minimize the risk of abuse.
89.3 	The plan shall comply with any rules governing the plan
89.4 	promulgated by the licensing agency.
89.5 	(b) Each facility, including a home health care agency and
89.6 	personal care attendant services providers, shall develop an
89.7 	individual abuse prevention plan for each vulnerable adult
89.8 	residing there or receiving services from them.  The plan shall
89.9 	contain an individualized assessment of both the person's
89.10 	susceptibility to abuse by other individuals, including other
89.11 	vulnerable adults, and the potential risks posed by the person
89.12 	to the other patients, to facility staff, and to others; and a
89.13 	statement of the specific measures to be taken to minimize the
89.14 	risk of abuse to that person and others.  For the purposes of
89.15 	this clause, the term "abuse" includes self-abuse.

89.16 	Sec. 7. REPEALER.
 89.17 	Minnesota Statutes 2004, section 246.017, subdivision 1, is
89.18 	repealed.

89.19 	ARTICLE 7
89.20 	HUMAN SERVICES BACKGROUND STUDIES

89.21 	Section 1. Minnesota Statutes 2004, section 13.461, is
89.22 	amended by adding a subdivision to read:
89.23 		Subd. 29.Disqualification from direct contact. The
89.24 	classification of data about individuals disqualified from
89.25 	providing direct contact services is governed by section
89.26 	245C.22, subdivision 7.

89.27 	Sec. 2. Minnesota Statutes 2004, section 245C.03,
89.28 	subdivision 1, is amended to read:
89.29 		Subdivision 1.Licensed programs.  (a) The commissioner
89.30 	shall conduct a background study on:
89.31 	(1) the person or persons applying for a license;
89.32 	(2) an individual age 13 and over living in the household
89.33 	where the licensed program will be provided;
89.34 	(3) current or prospective employees or contractors of the
89.35 	applicant who will have direct contact with persons served by
89.36 	the facility, agency, or program;
90.1 	(4) volunteers or student volunteers who will have direct
90.2 	contact with persons served by the program to provide program
90.3 	services if the contact is not under the continuous, direct
90.4 	supervision by an individual listed in clause (1) or (3);
90.5 	(5) an individual age ten to 12 living in the household
90.6 	where the licensed services will be provided when the
90.7 	commissioner has reasonable cause;
90.8 	(6) an individual who, without providing direct contact
90.9 	services at a licensed program, may have unsupervised access to
90.10 	children or vulnerable adults receiving services from a program
90.11 	licensed to provide:
90.12 	(i) family child care for children;
90.13 	(ii) foster care for children in the provider's own home;
90.14 	or
90.15 	(iii) foster care or day care services for adults in the
90.16 	provider's own home; and
90.17 	(7) all managerial officials as defined under section
90.18 	245A.02, subdivision 5a.
90.19 	The commissioner must have reasonable cause to study an
90.20 	individual under this subdivision.
90.21 	(b) For family child foster care settings, a short-term
90.22 	substitute caregiver providing direct contact services for a
90.23 	child for less than 72 hours of continuous care is not required
90.24 	to receive a background study under this chapter.

90.25 	Sec. 3. Minnesota Statutes 2004, section 245C.13,
90.26 	subdivision 2, is amended to read:
90.27 		Subd. 2.Direct contact pending completion of background
90.28 	study. Unless otherwise specified, the subject of a background
90.29 	study may have direct contact with persons served by a program
90.30 	after the background study form is mailed or submitted to the
90.31 	commissioner pending notification of the study results under
90.32 	section 245C.17.The subject of a background study may not
90.33 	perform any activity requiring a background study under
90.34 	paragraph (b) until the commissioner has issued one of the
90.35 	notices under paragraph (a).
90.36 	(a) Notices from the commissioner required prior to
91.1 	activity under paragraph (b) include:
91.2 	(1) a notice of the study results under section 245C.17
91.3 	stating that:
91.4 	(i) the individual is not disqualified; or 
91.5 	(ii) more time is needed to complete the study but the
91.6 	individual is not required to be removed from direct contact or
91.7 	access to people receiving services prior to completion of the
91.8 	study as provided under section 245A.17, paragraph (c);
91.9 	(2) a notice that a disqualification has been set aside
91.10 	under section 245C.23; or 
91.11 	(3) a notice that a variance has been granted related to
91.12 	the individual under section 245C.30.
91.13 	(b) Activities prohibited prior to receipt of notice under
91.14 	paragraph (a) include:
91.15 	(1) being issued a license;
91.16 	(2) living in the household where the licensed program will
91.17 	be provided;
91.18 	(3) providing direct contact services to persons served by
91.19 	a program; or 
91.20 	(4) having access to persons receiving services if the
91.21 	background study was completed under section 245C.03,
91.22 	subdivision 1, paragraph (a), clause (2), (5), or (6), or
91.23 	144.057, subdivision 1.

91.24 	Sec. 4. Minnesota Statutes 2004, section 245C.15,
91.25 	subdivision 1, is amended to read:
91.26 		Subdivision 1.Permanent disqualification.  (a) An
91.27 	individual is disqualified under section 245C.14 if:  (1)
91.28 	regardless of how much time has passed since the discharge of
91.29 	the sentence imposed, if any,for the offense; and (2) unless
91.30 	otherwise specified, regardless of the level of the conviction 
91.31 	offense, the individual is convicted of has committed any of the
91.32 	following offenses:  sections 152.021 (controlled substance
91.33 	crime in the first degree); 152.022 (controlled substance crime
91.34 	in the second degree); 152.023 (controlled substance crime in
91.35 	the third degree); 152.024 (controlled substance crime in the
91.36 	fourth degree); 152.0261 (importing controlled substances across
92.1 	state lines); 609.165 (certain convicted felons ineligible to
92.2 	possess firearms);609.185 (murder in the first degree); 609.19
92.3 	(murder in the second degree); 609.195 (murder in the third
92.4 	degree); 609.20 (manslaughter in the first degree); 609.205
92.5 	(manslaughter in the second degree); 609.21 (criminal vehicular
92.6 	homicide and injury);609.221 or (assault in the first degree);
92.7 	609.222 (assault in the first or second degree); 609.223
92.8 	(assault in the third degree);a felony offense under sections
92.9 	609.2242 and 609.2243 (domestic assault), spousal abuse, child
92.10 	abuse or neglect, or a crime against children; 609.228 (great
92.11 	bodily harm caused by distribution of drugs); an offense
92.12 	punishable as a felony under 609.229 (crime committed for the
92.13 	benefit of a gang); 609.235 (use of drugs to injure or
92.14 	facilitate a crime); 609.24 (simple robbery);609.245
92.15 	(aggravated robbery); 609.25 (kidnapping); 609.255 (false
92.16 	imprisonment);609.2661 (murder of an unborn child in the first
92.17 	degree); 609.2662 (murder of an unborn child in the second
92.18 	degree); 609.2663 (murder of an unborn child in the third
92.19 	degree); 609.2664 (manslaughter of an unborn child in the first
92.20 	degree); 609.2665 (manslaughter of an unborn child in the second
92.21 	degree); 609.267 (assault of an unborn child in the first
92.22 	degree); 609.2671 (assault of an unborn child in the second
92.23 	degree); 609.268 (injury or death of an unborn child in
92.24 	commission of a crime);609.322 (solicitation, inducement, and
92.25 	promotion of prostitution); a felony offense under 609.324,
92.26 	subdivision 1 (other prohibited acts); 609.342 (criminal sexual
92.27 	conduct in the first degree); 609.343 (criminal sexual conduct
92.28 	in the second degree); 609.344 (criminal sexual conduct in the
92.29 	third degree); 609.345 (criminal sexual conduct in the fourth
92.30 	degree); 609.3451 (criminal sexual conduct in the fifth degree);
92.31 	609.352 (solicitation of children to engage in sexual conduct);
92.32 	609.365 (incest); an offense punishable as a felony offense 
92.33 	under 609.377 (malicious punishment of a child); an offense
92.34 	punishable as a felony offense under 609.378 (neglect or
92.35 	endangerment of a child); 609.498 (tampering with a witness);
92.36 	609.561 (arson in the first degree); 609.562 (arson in the
93.1 	second degree); 609.582, subdivision 1 (burglary in the first
93.2 	degree);609.66, subdivision 1e (drive-by shooting); 609.687
93.3 	(adulteration);609.749, subdivision 3, 4, or 5 (felony-level
93.4 	harassment; stalking); 609.855, subdivision 5 (shooting at or in
93.5 	a public transit vehicle or facility); 617.246 (use of minors in
93.6 	sexual performance prohibited); or 617.247 (possession of
93.7 	pictorial representations of minors); or an offense punishable
93.8 	as a felony under 624.713 (certain persons not to have pistols
93.9 	or semiautomatic military-style assault weapons).
93.10 	(b) An individual also is disqualified under section
93.11 	245C.14 regardless of how much time has passed since:
93.12 	(1) the involuntary termination of the individual's
93.13 	parental rights under section 260C.301;
93.14 	(2) an administrative determination under section 626.556
93.15 	of sexual abuse of a minor or abuse of a minor resulting in
93.16 	death or serious injury as defined under section 245C.02,
93.17 	subdivision 18; or 
93.18 	(3) an administrative determination under section 626.557
93.19 	of sexual abuse of a vulnerable adult or abuse of a vulnerable
93.20 	adult resulting in death or serious injury as defined under
93.21 	section 245C.02, subdivision 18.
93.22 	(b) (c) An individual's aiding and abetting,attempt,or
93.23 	conspiracy to commit any of the offenses listed in paragraph
93.24 	(a), as each of these offenses is defined in Minnesota Statutes,
93.25 	permanently disqualifies the individual under section 245C.14.
93.26 	(c) (d) An individual's offense in any other state or
93.27 	country, where the elements of the offense are substantially
93.28 	similar to any of the offenses listed in paragraph (a),
93.29 	permanently disqualifies the individual under section 245C.14.

93.30 	Sec. 5. Minnesota Statutes 2004, section 245C.15,
93.31 	subdivision 2, is amended to read:
93.32 		Subd. 2.15-year disqualification.  (a) An individual is
93.33 	disqualified under section 245C.14 if:  (1) less than 15 years
93.34 	have passed since the discharge of the sentence imposed, if any,
93.35 	for the offense; and (2) the individual has received committed a
93.36 	felony conviction for a felony-level violation of any of the
94.1 	following offenses:  sections 152.025 (controlled substance
94.2 	crime in the fifth degree);260C.301 (grounds for termination of
94.3 	parental rights); 609.165 (felon ineligible to possess firearm);
94.4 	609.21 (criminal vehicular homicide and injury);609.215
94.5 	(suicide); 609.223 or 609.2231 (assault in the third or fourth
94.6 	degree); repeat offenses under 609.224 (assault in the fifth
94.7 	degree); 609.2325 (criminal abuse of a vulnerable adult);
94.8 	609.2335 (financial exploitation of a vulnerable adult); 609.235
94.9 	(use of drugs to injure or facilitate crime); 609.24 (simple
94.10 	robbery); 609.255 (false imprisonment); 609.2664 (manslaughter
94.11 	of an unborn child in the first degree); 609.2665 (manslaughter
94.12 	of an unborn child in the second degree); 609.267 (assault of an
94.13 	unborn child in the first degree); 609.2671 (assault of an
94.14 	unborn child in the second degree); 609.268 (injury or death of
94.15 	an unborn child in the commission of a crime);609.27
94.16 	(coercion); 609.275 (attempt to coerce); repeat offenses under
94.17 	609.3451 (criminal sexual conduct in the fifth degree); 609.498,
94.18 	subdivision 1 or 1b (aggravated first degree or first degree
94.19 	tampering with a witness);609.52 (theft); 609.521 (possession
94.20 	of shoplifting gear); 609.562 (arson in the second degree);
94.21 	609.563 (arson in the third degree); 609.582, subdivision 2, 3,
94.22 	or 4 (burglary in the second, third, or fourth degree ); 609.625
94.23 	(aggravated forgery); 609.63 (forgery); 609.631 (check forgery;
94.24 	offering a forged check); 609.635 (obtaining signature by false
94.25 	pretense); 609.66 (dangerous weapons); 609.67 (machine guns and
94.26 	short-barreled shotguns); 609.687 (adulteration);609.71 (riot);
94.27 	609.713 (terroristic threats); repeat offenses under 617.23
94.28 	(indecent exposure; penalties); repeat offenses under 617.241
94.29 	(obscene materials and performances; distribution and exhibition
94.30 	prohibited; penalty); chapter 152 (drugs; controlled substance);
94.31 	or a felony-level conviction involving alcohol or drug use.
94.32 	(b) An individual is disqualified under section 245C.14 if
94.33 	less than 15 years has passed since the individual's aiding and
94.34 	abetting,attempt,or conspiracy to commit any of the offenses
94.35 	listed in paragraph (a), as each of these offenses is defined in
94.36 	Minnesota Statutes.
95.1 	(c) An individual is disqualified under section 245C.14 if
95.2 	less than 15 years has passed since the discharge of the
95.3 	sentence imposed for an offense in any other state or country,
95.4 	the elements of which are substantially similar to the elements
95.5 	of the offenses listed in paragraph (a).
95.6 	(d) If the individual studied is convicted of one of the
95.7 	felonies listed in paragraph (a), but the sentence is a gross
95.8 	misdemeanor or misdemeanor disposition, the individual is
95.9 	disqualified but the disqualification lookback period for the
95.10 	conviction is the period applicable to the gross misdemeanor or
95.11 	misdemeanor disposition.

95.12 	Sec. 6. Minnesota Statutes 2004, section 245C.15,
95.13 	subdivision 3, is amended to read:
95.14 		Subd. 3.Ten-year disqualification.  (a) An individual is
95.15 	disqualified under section 245C.14 if:  (1) less than ten years
95.16 	have passed since the discharge of the sentence imposed, if any,
95.17 	for the offense; and (2) the individual has received committed a
95.18 	gross misdemeanor conviction for a misdemeanor-level violation
95.19 	of any of the following offenses:  sections 609.224 (assault in
95.20 	the fifth degree); 609.224, subdivision 2, paragraph (c)
95.21 	(assault in the fifth degree by a caregiver against a vulnerable
95.22 	adult); 609.2242 and 609.2243 (domestic assault); 609.23
95.23 	(mistreatment of persons confined); 609.231 (mistreatment of
95.24 	residents or patients); 609.2325 (criminal abuse of a vulnerable
95.25 	adult); 609.233 (criminal neglect of a vulnerable adult);
95.26 	609.2335 (financial exploitation of a vulnerable adult); 609.234
95.27 	(failure to report maltreatment of a vulnerable adult); 609.265
95.28 	(abduction); 609.275 (attempt to coerce); 609.324, subdivision
95.29 	1a (other prohibited acts; minor engaged in prostitution);
95.30 	609.33 (disorderly house); 609.3451 (criminal sexual conduct in
95.31 	the fifth degree);misdemeanor or gross misdemeanor offenses
95.32 	under 609.377 (malicious punishment of a child); misdemeanor or
95.33 	gross misdemeanor offenses under 609.378 (neglect or
95.34 	endangerment of a child); 609.52 (theft); 609.582 (burglary);
95.35 	609.631 (check forgery; offering a forged check); 609.66
95.36 	(dangerous weapons); 609.71 (riot); 609.72, subdivision 3
96.1 	(disorderly conduct against a vulnerable adult); repeat offenses
96.2 	under 609.746 (interference with privacy); 609.749, subdivision
96.3 	2 (harassment; stalking); repeat offenses under 617.23 (indecent
96.4 	exposure); 617.241 (obscene materials and performances); 617.243
96.5 	(indecent literature, distribution); 617.293 (harmful materials;
96.6 	dissemination and display to minors prohibited); or violation of
96.7 	an order for protection under section 518B.01, subdivision 14.
96.8 	(b) An individual is disqualified under section 245C.14 if
96.9 	less than ten years has passed since the individual's aiding and
96.10 	abetting,attempt,or conspiracy to commit any of the offenses
96.11 	listed in paragraph (a), as each of these offenses is defined in
96.12 	Minnesota Statutes.
96.13 	(c) An individual is disqualified under section 245C.14 if
96.14 	less than ten years has passed since the discharge of the
96.15 	sentence imposed for an offense in any other state or country,
96.16 	the elements of which are substantially similar to the elements
96.17 	of any of the offenses listed in paragraph (a).
96.18 	(d) If the defendant is convicted of one of the gross
96.19 	misdemeanors listed in paragraph (a), but the sentence is a
96.20 	misdemeanor disposition, the individual is disqualified but the
96.21 	disqualification lookback period for the conviction is the
96.22 	period applicable to misdemeanors.

96.23 	Sec. 7. Minnesota Statutes 2004, section 245C.15,
96.24 	subdivision 4, is amended to read:
96.25 		Subd. 4.Seven-year disqualification.  (a) An individual
96.26 	is disqualified under section 245C.14 if:  (1) less than seven
96.27 	years has passed since the discharge of the sentence imposed, if
96.28 	any,for the offense; and (2) the individual has received 
96.29 	committed a misdemeanor conviction for a misdemeanor-level 
96.30 	violation of any of the following offenses:  sections 609.224
96.31 	(assault in the fifth degree); 609.2242 (domestic assault);
96.32 	609.2335 (financial exploitation of a vulnerable adult); 609.234
96.33 	(failure to report maltreatment of a vulnerable adult); 609.2672
96.34 	(assault of an unborn child in the third degree); 609.27
96.35 	(coercion); violation of an order for protection under 609.3232
96.36 	(protective order authorized; procedures; penalties); 609.52
97.1 	(theft); 609.66 (dangerous weapons); 609.665 (spring guns);
97.2 	609.746 (interference with privacy); 609.79 (obscene or
97.3 	harassing phone telephone calls); 609.795 (letter, telegram, or
97.4 	package; opening; harassment); 617.23 (indecent exposure;
97.5 	penalties); 617.293 (harmful materials; dissemination and
97.6 	display to minors prohibited); or violation of an order for
97.7 	protection under section 518B.01 (Domestic Abuse Act).
97.8 	(b) An individual is disqualified under section 245C.14 if
97.9 	less than seven years has passed since a determination or
97.10 	disposition of the individual's:
97.11 	(1) failure to make required reports under section 626.556,
97.12 	subdivision 3, or 626.557, subdivision 3, for incidents in
97.13 	which:  (i) the final disposition under section 626.556 or
97.14 	626.557 was substantiated maltreatment, and (ii) the
97.15 	maltreatment was recurring or serious; or
97.16 	(2) except for disqualifications under subdivision 1,
97.17 	substantiated serious or recurring maltreatment of a minor under
97.18 	section 626.556, a vulnerable adult under section 626.557, or
97.19 	serious or recurring maltreatment in any other state, the
97.20 	elements of which are substantially similar to the elements of
97.21 	maltreatment under section 626.556 or 626.557 for which:  (i)
97.22 	there is a preponderance of evidence that the maltreatment
97.23 	occurred, and (ii) the subject was responsible for the
97.24 	maltreatment.
97.25 	(c) An individual is disqualified under section 245C.14 if
97.26 	less than seven years has passed since the individual's attempt
97.27 	or conspiracy to commit any of the offenses listed in paragraphs
97.28 	(a) and (b), as each of these offenses is defined in Minnesota
97.29 	Statutes.
97.30 	(d) An individual is disqualified under section 245C.14 if
97.31 	less than seven years has passed since the discharge of the
97.32 	sentence imposed for an offense in any other state or country,
97.33 	the elements of which are substantially similar to the elements
97.34 	of any of the offenses listed in paragraphs (a) and (b).

97.35 	Sec. 8. Minnesota Statutes 2004, section 245C.17,
97.36 	subdivision 1, is amended to read:
98.1 		Subdivision 1.Time frame for notice of study results.
 98.2 	(a) Within 15 working days after the commissioner's receipt of
98.3 	the background study form, the commissioner shall notify the
98.4 	individual who is the subject of the study in writing or by
98.5 	electronic transmission of the results of the study or that more
98.6 	time is needed to complete the study.
98.7 	(b) Within 15 working days after the commissioner's receipt
98.8 	of the background study form, the commissioner shall notify the
98.9 	applicant, license holder, or other entity as provided in this
98.10 	chapter in writing or by electronic transmission of the results
98.11 	of the study or that more time is needed to complete the study.
98.12 	(c) When the commissioner has completed a prior background
98.13 	study on an individual that resulted in an order for immediate
98.14 	removal and more time is necessary to complete a subsequent
98.15 	study, the notice that more time is needed that is issued under
98.16 	paragraphs (a) and (b) shall include an order for immediate
98.17 	removal of the individual from any position allowing direct
98.18 	contact with or access to people receiving services pending
98.19 	completion of the background study.

98.20 	Sec. 9. Minnesota Statutes 2004, section 245C.17,
98.21 	subdivision 2, is amended to read:
98.22 		Subd. 2.Disqualification notice sent to subject.  (a) If
98.23 	the information in the study indicates the individual is
98.24 	disqualified from direct contact with, or from access to,
98.25 	persons served by the program, the commissioner shall disclose
98.26 	to the individual studied:
98.27 	(1) the information causing disqualification;
98.28 	(2) instructions on how to request a reconsideration of the
98.29 	disqualification; and 
98.30 	(3) an explanation of any restrictions on the
98.31 	commissioner's discretion to set aside the disqualification
98.32 	under section 245C.24, subdivision 2, when applicable to the
98.33 	individual;
98.34 	(4) a statement indicating that if the individual's
98.35 	disqualification is set aside or the facility is granted a
98.36 	variance under section 245C.30, the individual's identity and
99.1 	the reason for the individual's disqualification will become
99.2 	public data; and 
99.3 	(5) the commissioner's determination of the individual's
99.4 	immediate risk of harm under section 245C.16.
99.5 	(b) If the commissioner determines under section 245C.16
99.6 	that an individual poses an imminent risk of harm to persons
99.7 	served by the program where the individual will have direct
99.8 	contact, the commissioner's notice must include an explanation
99.9 	of the basis of this determination.
99.10 	(c) If the commissioner determines under section 245C.16
99.11 	that an individual studied does not pose a risk of harm that
99.12 	requires continuous, direct supervision, the commissioner shall
99.13 	only notify the individual of the disqualification immediate
99.14 	removal, the individual shall be informed of the conditions
99.15 	under which the agency that initiated the background study may
99.16 	allow the individual to provide direct contact services as
99.17 	provided under subdivision 3.

99.18 	Sec. 10. Minnesota Statutes 2004, section 245C.17,
99.19 	subdivision 3, is amended to read:
99.20 		Subd. 3.Disqualification notice sent to applicant,
99.21 	license holder, or other entity.  (a) The commissioner shall
99.22 	notify an applicant, license holder, or other entity as provided
99.23 	in this chapter who is not the subject of the study:
99.24 	(1) that the commissioner has found information that
99.25 	disqualifies the individual studied from direct contact with, or
99.26 	from access to, persons served by the program; and
99.27 	(2) the commissioner's determination of the individual's
99.28 	risk of harm under section 245C.16.
99.29 	(b) If the commissioner determines under section 245C.16
99.30 	that an individual studied poses an imminent risk of harm to
99.31 	persons served by the program where the individual studied will
99.32 	have direct contact, the commissioner shall order the license
99.33 	holder to immediately remove the individual studied from direct
99.34 	contact.
99.35 	(c) If the commissioner determines under section 245C.16
99.36 	that an individual studied poses a risk of harm that requires
100.1 	continuous, direct supervision, the commissioner shall order the
100.2 	applicant, license holder, or other entities as provided in this
100.3 	chapter to:
100.4 	(1) immediately remove the individual studied from direct
100.5 	contact services; or
100.6 	(2) before allowing the disqualified individual to provide
100.7 	direct contact services, the applicant, license holder, or other
100.8 	entity as provided in this chapter must:  (i) obtain from the
100.9 	disqualified individual a copy of the individual's notice of
100.10 	disqualification from the commissioner that explains the reason
100.11 	for disqualification; (ii) assure that the individual studied is
100.12 	under continuous, direct supervision when providing direct
100.13 	contact services during the period in which the individual may
100.14 	request a reconsideration of the disqualification under section
100.15 	245C.21; and (iii) assure that the disqualified individual
100.16 	requests reconsideration within 30 days of receipt of the notice
100.17 	of disqualification.
100.18 	(d) If the commissioner determines under section 245C.16
100.19 	that an individual studied does not pose a risk of harm that
100.20 	requires continuous, direct supervision, the commissioner shall
100.21 	send the license holder a notice that more time is needed to
100.22 	complete the individual's background study order the applicant,
100.23 	license holder, or other entities as provided in this chapter
100.24 	to:  (1) immediately remove the individual studied from direct
100.25 	contact services; or (2) before allowing the disqualified
100.26 	individual to provide direct contact services, the applicant,
100.27 	license holder, or other entity as provided in this chapter
100.28 	must:  (i) obtain from the disqualified individual a copy of the
100.29 	individual's notice of disqualification from the commissioner
100.30 	that explains the reason for disqualification; and (ii) assure
100.31 	that the disqualified individual requests reconsideration within
100.32 	15 days of receipt of the notice of disqualification.
100.33 	(e) The commissioner shall not notify the applicant,
100.34 	license holder, or other entity as provided in this chapter of
100.35 	the information contained in the subject's background study
100.36 	unless:
101.1 	(1) the basis for the disqualification is failure to
101.2 	cooperate with the background study or substantiated
101.3 	maltreatment under section 626.556 or 626.557;
101.4 	(2) the Data Practices Act under chapter 13 provides for
101.5 	release of the information; or
101.6 	(3) the individual studied authorizes the release of the
101.7 	information.

101.8 	Sec. 11. Minnesota Statutes 2004, section 245C.21,
101.9 	subdivision 3, is amended to read:
101.10 		Subd. 3.Information disqualified individuals must
101.11 	provide when requesting reconsideration. The (a) When a 
101.12 	disqualified individual requesting reconsideration requests that
101.13 	the commissioner rescind the disqualification, the individual 
101.14 	must submit information showing that:
101.15 	(1) the information the commissioner relied upon in
101.16 	determining the underlying conduct that gave rise to the
101.17 	disqualification is incorrect;
101.18 	(2) for disqualifications under section 245C.15,
101.19 	subdivision 1, based on maltreatment, the information the
101.20 	commissioner relied upon in determining that maltreatment
101.21 	resulted in death or serious injury as defined under section
101.22 	245C.02, subdivision 18, is incorrect; or 
101.23 	(3) for disqualifications under section 245C.15,
101.24 	subdivision 4, based on maltreatment, the information the
101.25 	commissioner relied upon in determining that maltreatment was
101.26 	serious or recurring is incorrect; or .
101.27 	(3) (b) When a disqualified individual requests that the
101.28 	commissioner set aside a disqualification, the individual must
101.29 	submit information showing that:
101.30 	(1) the subject of the study does not pose a risk of harm
101.31 	to any person served by the applicant, license holder, or other
101.32 	entities as provided in this chapter, by addressing the
101.33 	information required under section 245C.22, subdivision 4; and 
101.34 	(2) the disqualified individual has received a notice
101.35 	stating that if the disqualification is set aside, the
101.36 	individual's identity and the individual's disqualifying
102.1 	characteristics will become public data.

102.2 	Sec. 12. Minnesota Statutes 2004, section 245C.21,
102.3 	subdivision 4, is amended to read:
102.4 		Subd. 4.Notice of request for reconsideration.  Upon
102.5 	request, the commissioner may inform the applicant, license
102.6 	holder, or other entities as provided in this chapter who
102.7 	received a notice of the individual's disqualification under
102.8 	section 245C.17, subdivision 3, or has the consent of the
102.9 	disqualified individual,whether the disqualified individual has
102.10 	requested reconsideration.

102.11 	Sec. 13. Minnesota Statutes 2004, section 245C.22, is
102.12 	amended by adding a subdivision to read:
102.13 		Subd. 7.Classification of certain data as public or
102.14 	private. (a) Notwithstanding section 13.46, upon setting aside
102.15 	a disqualification under this section, the identity of the
102.16 	disqualified individual who received the set aside pursuant to
102.17 	section 13.461 and the individual's disqualifying
102.18 	characteristics are public data.
102.19 	(b) Notwithstanding section 13.46, upon granting a variance
102.20 	to a license holder under section 245C.30, the identity of the
102.21 	disqualified individual who is the subject of the variance, the
102.22 	individual's disqualifying characteristics, and the terms of the
102.23 	variance are public data.
102.24 	(c) The identity of a disqualified individual and the
102.25 	reason for disqualification remain private data when a
102.26 	disqualification is:
102.27 	(1) not set aside and no variance is granted; and 
102.28 	(2) rescinded because the information relied upon to
102.29 	disqualify the individual is incorrect.

102.30 	Sec. 14. Minnesota Statutes 2004, section 245C.23,
102.31 	subdivision 1, is amended to read:
102.32 		Subdivision 1.Commissioner's notice of disqualification
102.33 	that is rescinded or set aside. (a) Except as provided under
102.34 	paragraph (c),If the commissioner rescinds or sets aside a
102.35 	disqualification, the commissioner shall notify the applicant or
102.36 	license holder in writing or by electronic transmission of the
103.1 	decision. In the notice from the commissioner that a
103.2 	disqualification has been rescinded, the commissioner must
103.3 	inform the license holder that the information relied upon to
103.4 	disqualify the individual was incorrect.In the notice from the
103.5 	commissioner that a disqualification has been set aside, the
103.6 	commissioner must inform the license holder that information
103.7 	about the nature of the reason for the individual's 
103.8 	disqualification and which factors under section 245C.22,
103.9 	subdivision 4, were the basis of the decision to set aside the
103.10 	disqualification are available to the license holder upon
103.11 	request without the consent of the background study subject.
103.12 	(b) With the written consent of the background study
103.13 	subject, the commissioner may release to the license holder
103.14 	copies of all information related to the background study
103.15 	subject's disqualification and the commissioner's decision to
103.16 	set aside the disqualification as specified in the written
103.17 	consent.
103.18 	(c) If the individual studied submits a timely request for
103.19 	reconsideration under section 245C.21 and the license holder was
103.20 	previously sent a notice under section 245C.17, subdivision 3,
103.21 	paragraph (d), and if the commissioner sets aside the
103.22 	disqualification for that license holder under section 245C.22,
103.23 	the commissioner shall send the license holder the same
103.24 	notification received by license holders in cases where the
103.25 	individual studied has no disqualifying characteristic.

103.26 	Sec. 15. Minnesota Statutes 2004, section 245C.24,
103.27 	subdivision 2, is amended to read:
103.28 		Subd. 2.Permanent bar to set aside of a 
103.29 	disqualification. (a) Except as provided in paragraph (b),the
103.30 	commissioner may not set aside the disqualification of an
103.31 	individual in connection with a license to provide family child
103.32 	care for children, foster care for children in the provider's
103.33 	home, or foster care or day care services for adults in the
103.34 	provider's home,issued or in application status under chapter
103.35 	245A,regardless of how much time has passed, if the provider
103.36 	was disqualified for a crime or conduct listed in section
104.1 	245C.15, subdivision 1.
104.2 	(b) Unless the disqualification under section 245C.15,
104.3 	subdivision 1, relates to criminal sexual conduct or a license
104.4 	to provide family child care, child foster care, adult day
104.5 	services, or adult foster care in the license holder's
104.6 	residence, the commissioner is not prohibited from setting aside
104.7 	a disqualification according to section 245C.22, for an
104.8 	individual who, in addition to criteria under section 245A.22,
104.9 	demonstrates to the commissioner that:
104.10 	(1) the person was disqualified because of conduct
104.11 	prohibited by section 152.021, 152.022, 152.023, or 152.024;
104.12 	(2) the individual has successfully completed chemical
104.13 	dependency treatment from a program licensed by the Department
104.14 	of Human Services or operated by the Department of Corrections;
104.15 	(3) at least five years have passed since completion of the
104.16 	treatment program; and 
104.17 	(4) the individual has not engaged in any criminal or
104.18 	maltreatment behavior since completing treatment.

104.19 	Sec. 16. Minnesota Statutes 2004, section 245C.24,
104.20 	subdivision 3, is amended to read:
104.21 		Subd. 3.Ten-year bar to set aside disqualification.  (a)
104.22 	Except as provided in paragraph (d),the commissioner may not
104.23 	set aside the disqualification of an individual in connection
104.24 	with a license to provide family child care for children, foster
104.25 	care for children in the provider's home, or foster care or day
104.26 	care services for adults in the provider's home under chapter
104.27 	245A if:  (1) less than ten years has passed since the discharge
104.28 	of the sentence imposed, if any,for the offense; and (2) the
104.29 	individual has been convicted of disqualified for a violation of
104.30 	any of the following offenses:  sections 609.165 (felon
104.31 	ineligible to possess firearm); criminal vehicular homicide
104.32 	under 609.21 (criminal vehicular homicide and injury);609.215
104.33 	(aiding suicide or aiding attempted suicide); felony violations
104.34 	under 609.223 or 609.2231 (assault in the third or fourth
104.35 	degree); 609.713 (terroristic threats); 609.235 (use of drugs to
104.36 	injure or to facilitate crime); 609.24 (simple robbery); 609.255
105.1 	(false imprisonment); 609.562 (arson in the second degree);
105.2 	609.71 (riot); 609.498, subdivision 1 or 1b (aggravated first
105.3 	degree or first degree tampering with a witness); burglary in
105.4 	the first or second degree under 609.582, subdivision
105.5 	2 (burglary in the second degree ); 609.66, subdivision 1, 1a,
105.6 	1b, 1c, 1d, 1f, 1g, or 1h (dangerous weapon); 609.665 (spring
105.7 	guns); 609.67 (machine guns and short-barreled shotguns);
105.8 	609.749, subdivision 2 (gross misdemeanor harassment; stalking);
105.9 	152.021 or 152.022 (controlled substance crime in the first or
105.10 	second degree); 152.023, subdivision 1, clause (3) or (4) or
105.11 	subdivision 2, clause (4) (controlled substance crime in the
105.12 	third degree); 152.024, subdivision 1, clause (2), (3), or (4)
105.13 	(controlled substance crime in the fourth degree);609.224,
105.14 	subdivision 2, paragraph (c) (fifth degree assault by a
105.15 	caregiver against a vulnerable adult); 609.23 (mistreatment of
105.16 	persons confined); 609.231 (mistreatment of residents or
105.17 	patients); 609.2325 (criminal abuse of a vulnerable adult);
105.18 	609.233 (criminal neglect of a vulnerable adult); 609.2335
105.19 	(financial exploitation of a vulnerable adult); 609.234 (failure
105.20 	to report); 609.265 (abduction); 609.2664 to 609.2665
105.21 	(manslaughter of an unborn child in the first or second degree);
105.22 	609.267 to 609.2672 (assault of an unborn child in the first,
105.23 	second, or third degree); 609.268 (injury or death of an unborn
105.24 	child in the commission of a crime);617.293 (disseminating or
105.25 	displaying harmful material to minors); a felony-level
105.26 	conviction involving alcohol or drug use, a gross misdemeanor
105.27 	offense under 609.324, subdivision 1 (other prohibited acts); a
105.28 	gross misdemeanor offense under 609.378 (neglect or endangerment
105.29 	of a child); a gross misdemeanor offense under 609.377
105.30 	(malicious punishment of a child); or 609.72, subdivision 3
105.31 	(disorderly conduct against a vulnerable adult).
105.32 	(b) The commissioner may not set aside the disqualification
105.33 	of an individual if less than ten years have passed since the
105.34 	individual's aiding and abetting,attempt,or conspiracy to
105.35 	commit any of the offenses listed in paragraph (a) as each of
105.36 	these offenses is defined in Minnesota Statutes.
106.1 	(c) The commissioner may not set aside the disqualification
106.2 	of an individual if less than ten years have passed since the
106.3 	discharge of the sentence imposed for an offense in any other
106.4 	state or country, the elements of which are substantially
106.5 	similar to the elements of any of the offenses listed in
106.6 	paragraph (a).
106.7 	(d) Unless the disqualification under paragraph (a) relates
106.8 	to a license to provide family child care, child foster care,
106.9 	adult day services, or adult foster care in the license holder's
106.10 	residence, the commissioner is not prohibited from setting aside
106.11 	a disqualification for disqualification listed in paragraph (a)
106.12 	according to section 245C.22, for an individual who, in addition
106.13 	to criteria under section 245A.22, demonstrates to the
106.14 	commissioner that:
106.15 	(1) the person was disqualified because of conduct
106.16 	prohibited by section 152.021, 152.022, 152.023, or 152.024;
106.17 	(2) the individual has successfully completed chemical
106.18 	dependency treatment from a program licensed by the Department
106.19 	of Human Services or operated by the Department of Corrections;
106.20 	(3) at least five years have passed since completion of the
106.21 	treatment program; and 
106.22 	(4) the individual has not engaged in any criminal or
106.23 	maltreatment behavior since completing treatment.

106.24 	Sec. 17. Minnesota Statutes 2004, section 245C.24,
106.25 	subdivision 4, is amended to read:
106.26 		Subd. 4.Seven-year bar to set aside disqualification.
 106.27 	(a) Except as provided in paragraph (b),the commissioner may
106.28 	not set aside the disqualification of an individual in
106.29 	connection with a license to provide family child care for
106.30 	children, foster care for children in the provider's home, or
106.31 	foster care or day care services for adults in the provider's
106.32 	home under chapter 245A if within seven years preceding the
106.33 	study:
106.34 	(1) the individual committed an act that constitutes was
106.35 	determined to be responsible for maltreatment of a child under
106.36 	section 626.556, subdivision 10e,and:
107.1 	(i) the maltreatment is a disqualification under section
107.2 	245C.15, subdivision 4;and
107.3 	(ii) the maltreatment resulted in substantial bodily harm
107.4 	as defined in section 609.02, subdivision 7a, or substantial
107.5 	mental or emotional harm as supported by competent psychological
107.6 	or psychiatric evidence; or
107.7 	(2) the individual was determined to be responsible for
107.8 	maltreatment under section 626.557to be the perpetrator of a
107.9 	substantiated incident of maltreatment of a vulnerable adult
107.10 	that , and:
107.11 	(i) the maltreatment is a disqualification under section
107.12 	245C.15, subdivision 4; and 
107.13 	(ii) the maltreatment resulted in substantial bodily harm
107.14 	as defined in section 609.02, subdivision 7a, or substantial
107.15 	mental or emotional harm as supported by competent psychological
107.16 	or psychiatric evidence.
107.17 	(b) Unless the disqualification under paragraph (a) relates
107.18 	to a license to provide family child care, child foster care,
107.19 	adult day services, or adult foster care in the license holder's
107.20 	residence, the commissioner is not prohibited from setting aside
107.21 	a disqualification for disqualification listed in paragraph (a)
107.22 	according to section 245C.22, for an individual who, in addition
107.23 	to criteria under section 245A.22, demonstrates to the
107.24 	commissioner that:
107.25 	(1) the person was disqualified because of conduct
107.26 	prohibited by section 152.021, 152.022, 152.023, or 152.024;
107.27 	(2) the individual has successfully completed chemical
107.28 	dependency treatment from a program licensed by the Department
107.29 	of Human Services or operated by the Department of Corrections;
107.30 	(3) at least five years have passed since completion of the
107.31 	treatment program; and 
107.32 	(4) the individual has not engaged in any criminal or
107.33 	maltreatment behavior since completing treatment.

107.34 	Sec. 18. Minnesota Statutes 2004, section 245C.24, is
107.35 	amended by adding a subdivision to read:
107.36 		Subd. 6.Notification of disqualifications. The
108.1 	commissioner shall expand notification of disqualifications to
108.2 	entities and inform the public about disqualifications as
108.3 	provided under this chapter and section 13.46.

108.4 	Sec. 19. Minnesota Statutes 2004, section 245C.30,
108.5 	subdivision 1, is amended to read:
108.6 		Subdivision 1.License holder variance.  (a) Except for
108.7 	any disqualification under section 245C.15, subdivision 1,when
108.8 	the commissioner has not set aside a background study subject's
108.9 	disqualification, and there are conditions under which the
108.10 	disqualified individual may provide direct contact services or
108.11 	have access to people receiving services that minimize the risk
108.12 	of harm to people receiving services, the commissioner may grant
108.13 	a time-limited variance to a license holder.
108.14 	(b) The variance shall state the reason for the
108.15 	disqualification, the services that may be provided by the
108.16 	disqualified individual, and the conditions with which the
108.17 	license holder or applicant must comply for the variance to
108.18 	remain in effect.
108.19 	(c) Except for programs licensed to provide family child
108.20 	care for children, foster care for children in the provider's
108.21 	own home, or foster care or day care services for adults in the
108.22 	provider's own home, the variance must be requested by the
108.23 	license holder.

108.24 	Sec. 20. Minnesota Statutes 2004, section 245C.30,
108.25 	subdivision 2, is amended to read:
108.26 		Subd. 2.Disclosure of reason for disqualification. (a) 
108.27 	The commissioner may not grant a variance for a disqualified
108.28 	individual unless the applicant or license holder requests the
108.29 	variance and the disqualified individual provides written
108.30 	consent for the commissioner to disclose to the applicant or
108.31 	license holder the reason for the disqualification; and the
108.32 	commissioner has documentation showing that the disqualified
108.33 	individual has been informed that if the variance is granted,
108.34 	the individual's identity, reason for disqualification under
108.35 	section 13.461, and terms of the variance will become public
108.36 	data.
109.1 	(b) This subdivision does not apply to programs licensed to
109.2 	provide family child care for children, foster care for children
109.3 	in the provider's own home, or foster care or day care services
109.4 	for adults in the provider's own home.

109.5 	Sec. 21. Minnesota Statutes 2004, section 626.557,
109.6 	subdivision 12b, is amended to read:
109.7 		Subd. 12b.Data management.  (a)  [COUNTY DATA.] In
109.8 	performing any of the duties of this section as a lead agency,
109.9 	the county social service agency shall maintain appropriate
109.10 	records.  Data collected by the county social service agency
109.11 	under this section are welfare data under section 13.46.
109.12 	Notwithstanding section 13.46, subdivision 1, paragraph (a),
109.13 	data under this paragraph that are inactive investigative data
109.14 	on an individual who is a vendor of services are private data on
109.15 	individuals, as defined in section 13.02.  The identity of the
109.16 	reporter may only be disclosed as provided in paragraph (c).
109.17 	Data maintained by the common entry point are confidential
109.18 	data on individuals or protected nonpublic data as defined in
109.19 	section 13.02.  Notwithstanding section 138.163, the common
109.20 	entry point shall destroy data three calendar years after date
109.21 	of receipt.
109.22 	(b)  [LEAD AGENCY DATA.] The commissioners of health and
109.23 	human services shall prepare an investigation memorandum for
109.24 	each report alleging maltreatment investigated under this
109.25 	section.  During an investigation by the commissioner of health
109.26 	or the commissioner of human services, data collected under this
109.27 	section are confidential data on individuals or protected
109.28 	nonpublic data as defined in section 13.02.  Upon completion of
109.29 	the investigation, the data are classified as provided in
109.30 	clauses (1) to (3) and paragraph (c).
109.31 	(1) The investigation memorandum must contain the following
109.32 	data, which are public:
109.33 	(i) the name of the facility investigated;
109.34 	(ii) a statement of the nature of the alleged maltreatment;
109.35 	(iii) pertinent information obtained from medical or other
109.36 	records reviewed;
110.1 	(iv) the identity of the investigator;
110.2 	(v) a summary of the investigation's findings;
110.3 	(vi) statement of whether the report was found to be
110.4 	substantiated, inconclusive, false, or that no determination
110.5 	will be made;
110.6 	(vii) a statement of any action taken by the facility;
110.7 	(viii) a statement of any action taken by the lead agency;
110.8 	and
110.9 	(ix) when a lead agency's determination has substantiated
110.10 	maltreatment, a statement of whether an individual, individuals,
110.11 	or a facility were responsible for the substantiated
110.12 	maltreatment, if known.
110.13 	The investigation memorandum must be written in a manner
110.14 	which protects the identity of the reporter and of the
110.15 	vulnerable adult and may not contain the names or, to the extent
110.16 	possible, data on individuals or private data listed in clause
110.17 	(2).
110.18 	(2) Data on individuals collected and maintained in the
110.19 	investigation memorandum are private data, including:
110.20 	(i) the name of the vulnerable adult;
110.21 	(ii) the identity of the individual alleged to be the
110.22 	perpetrator;
110.23 	(iii) the identity of the individual substantiated as the
110.24 	perpetrator; and
110.25 	(iv) the identity of all individuals interviewed as part of
110.26 	the investigation.
110.27 	(3) Other data on individuals maintained as part of an
110.28 	investigation under this section are private data on individuals
110.29 	upon completion of the investigation.
110.30 	(c)  [IDENTITY OF REPORTER.] The subject of the report may
110.31 	compel disclosure of the name of the reporter only with the
110.32 	consent of the reporter or upon a written finding by a court
110.33 	that the report was false and there is evidence that the report
110.34 	was made in bad faith.  This subdivision does not alter
110.35 	disclosure responsibilities or obligations under the Rules of
110.36 	Criminal Procedure, except that where the identity of the
111.1 	reporter is relevant to a criminal prosecution, the district
111.2 	court shall do an in-camera review prior to determining whether
111.3 	to order disclosure of the identity of the reporter.
111.4 	(d)  [DESTRUCTION OF DATA.] Notwithstanding section
111.5 	138.163, data maintained under this section by the commissioners
111.6 	of health and human services must be destroyed under the
111.7 	following schedule:
111.8 	(1) data from reports determined to be false, two years
111.9 	after the finding was made;
111.10 	(2) data from reports determined to be inconclusive, four
111.11 	years after the finding was made;
111.12 	(3) data from reports determined to be substantiated, seven 
111.13 	at least ten years after the finding was made; and
111.14 	(4) data from reports which were not investigated by a lead
111.15 	agency and for which there is no final disposition, two years
111.16 	from the date of the report.
111.17 	(e)  [SUMMARY OF REPORTS.] The commissioners of health and
111.18 	human services shall each annually report to the legislature and
111.19 	the governor on the number and type of reports of alleged
111.20 	maltreatment involving licensed facilities reported under this
111.21 	section, the number of those requiring investigation under this
111.22 	section, and the resolution of those investigations.  The report
111.23 	shall identify:
111.24 	(1) whether and where backlogs of cases result in a failure
111.25 	to conform with statutory time frames;
111.26 	(2) where adequate coverage requires additional
111.27 	appropriations and staffing; and
111.28 	(3) any other trends that affect the safety of vulnerable
111.29 	adults.
111.30 	(f)  [RECORD RETENTION POLICY.] Each lead agency must have
111.31 	a record retention policy.
111.32 	(g)  [EXCHANGE OF INFORMATION.] Lead agencies, prosecuting
111.33 	authorities, and law enforcement agencies may exchange not
111.34 	public data, as defined in section 13.02, if the agency or
111.35 	authority requesting the data determines that the data are
111.36 	pertinent and necessary to the requesting agency in initiating,
112.1 	furthering, or completing an investigation under this section.
112.2 	Data collected under this section must be made available to
112.3 	prosecuting authorities and law enforcement officials, local
112.4 	county agencies, and licensing agencies investigating the
112.5 	alleged maltreatment under this section.  The lead agency shall
112.6 	exchange not public data with the vulnerable adult maltreatment
112.7 	review panel established in section 256.021 if the data are
112.8 	pertinent and necessary for a review requested under that
112.9 	section.  Upon completion of the review, not public data
112.10 	received by the review panel must be returned to the lead agency.
112.11 	(h)  [COMPLETION TIME.] Each lead agency shall keep records
112.12 	of the length of time it takes to complete its investigations.
112.13 	(i)  [NOTIFICATION OF OTHER AFFECTED PARTIES.] A lead
112.14 	agency may notify other affected parties and their authorized
112.15 	representative if the agency has reason to believe maltreatment
112.16 	has occurred and determines the information will safeguard the
112.17 	well-being of the affected parties or dispel widespread rumor or
112.18 	unrest in the affected facility.
112.19 	(j)  [FEDERAL REQUIREMENTS.] Under any notification
112.20 	provision of this section, where federal law specifically
112.21 	prohibits the disclosure of patient identifying information, a
112.22 	lead agency may not provide any notice unless the vulnerable
112.23 	adult has consented to disclosure in a manner which conforms to
112.24 	federal requirements.

112.25 	ARTICLE 8
112.26 	SEX OFFENDER POLICY BOARD

112.27 	Section 1. [243.168] SEX OFFENDER POLICY BOARD;
112.28 	ESTABLISHMENT; MEMBERSHIP; REPORTS.
112.29 		Subdivision 1.Establishment. A Sex Offender Policy
112.30 	Board is established to develop professional standards for
112.31 	treatment of sex offenders, including uniform supervision and
112.32 	treatment guidelines.
112.33 	(a) The governor shall appoint a Sex Offender Policy Board
112.34 	to serve in an advisory capacity to the governor.  The governor
112.35 	shall appoint to the board five professionals with relevant and
112.36 	complimentary experience in treatment, law enforcement, sex
113.1 	offender assessment, and sex offender management.
113.2 	(b) Members of the advisory committee appointed by the
113.3 	governor serve at the pleasure of the governor and their terms
113.4 	end with the term of the governor.  Members of the advisory
113.5 	committee serve without compensation but may be reimbursed for
113.6 	reasonable expenses as determined by the commissioner of public
113.7 	safety.  Notwithstanding section 15.059, the advisory committee
113.8 	does not expire until repealed by law.
113.9 		Subd. 2.Reports to legislature. The board must submit
113.10 	reports to the legislature on the professional standards for
113.11 	treatment of sex offenders, including uniform supervision and
113.12 	treatment guidelines.