1.1 	A bill for an act
1.2 	relating to public safety; requiring indeterminate
1.3 	life sentences for certain egregious first degree
1.4 	criminal sexual conduct offenses; requiring
1.5 	indeterminate life sentences for repeat sex offenses;
1.6 	creating the crime of sixth degree criminal sexual
1.7 	conduct; modifying the patterned sex offender
1.8 	sentencing law; making necessary technical and
1.9 	conforming statutory changes; directing the Sentencing
1.10 	Guidelines Commission to modify the Sentencing
1.11 	Guidelines; providing criminal penalties; amending
1.12 	Minnesota Statutes 2004, sections 14.03, subdivision
1.13 	3; 243.166, subdivision 1; 244.05, subdivisions 4, 5,
1.14 	6, 7; 244.052, subdivision 3; 609.108, subdivisions 1,
1.15 	3, 4; 609.109, subdivisions 2, 5, 7; 609.117,
1.16 	subdivisions 1, 2; 609.1351; 609.341, by adding
1.17 	subdivisions; 609.342, subdivisions 2, 3; 609.343,
1.18 	subdivisions 2, 3; 609.344, subdivisions 2, 3;
1.19 	609.345, subdivisions 2, 3; 609.347; 609.3471;
1.20 	609.348; 609.353; 631.045; proposing coding for new
1.21 	law in Minnesota Statutes, chapter 609; repealing
1.22 	Minnesota Statutes 2004, section 609.108, subdivision
1.23 	2.
1.24 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.25 	ARTICLE 1
1.26 	SEX OFFENDERS:
1.27 	MANDATORY LIFE SENTENCES FOR CERTAIN EGREGIOUS AND
1.28 	REPEAT SEX OFFENSES; OTHER SENTENCING CHANGES

1.29 	Section 1. LEGISLATIVE FINDINGS AND INTENT.
 1.30 	The legislature finds that sex offenders pose a significant
1.31 	public safety threat.  Based upon the harm they cause to their
1.32 	victims and the community, psychological factors unique to their
1.33 	makeup, and their future dangerousness, these types of offenders
1.34 	merit long-term supervision and treatment more so than do other
2.1 	types of criminal offenders.  The legislature further finds that
2.2 	this type of supervision and treatment is best provided in a
2.3 	correctional setting and that the costs associated with this are
2.4 	an appropriate use of state resources.
2.5 	It is the legislature's intent in enacting this act to
2.6 	provide a flexible approach that allows dangerous sex offenders
2.7 	to be incarcerated for longer periods of time than is currently
2.8 	possible.  The legislature specifically intends that a sex
2.9 	offender's future dangerousness be taken into consideration when
2.10 	making sentencing and release decisions concerning the offender.

2.11 	Sec. 2. Minnesota Statutes 2004, section 244.05,
2.12 	subdivision 4, is amended to read:
2.13 		Subd. 4.Minimum imprisonment, life sentence.  An inmate
2.14 	serving a mandatory life sentence under section 609.106 must not
2.15 	be given supervised release under this section.  An inmate
2.16 	serving a mandatory life sentence under section 609.185, clause
2.17 	(1), (3), (5), or (6); or 609.109, subdivision 2a 3, must not be
2.18 	given supervised release under this section without having
2.19 	served a minimum term of 30 years.  An inmate serving a
2.20 	mandatory life sentence under section 609.385 must not be given
2.21 	supervised release under this section without having served a
2.22 	minimum term of imprisonment of 17 years. An inmate serving a
2.23 	mandatory life sentence under section 609.342, subdivision 2,
2.24 	paragraph (b); 609.343, subdivision 2, paragraph (b); 609.344,
2.25 	subdivision 2, paragraph (b); 609.345, subdivision 2, paragraph
2.26 	(b); or 609.3453, subdivision 2, paragraph (b), must not be
2.27 	given supervised release under this section without having
2.28 	served the minimum term of imprisonment specified by the court
2.29 	in its sentence.
2.30 	
EFFECTIVE DATE. This section is effective August 1, 2005,
2.31 	and applies to crimes committed on or after that date.

2.32 	Sec. 3. Minnesota Statutes 2004, section 244.05,
2.33 	subdivision 5, is amended to read:
2.34 		Subd. 5.Supervised release, life sentence.  (a) The
2.35 	commissioner of corrections may, under rules promulgated by the
2.36 	commissioner, give supervised release to an inmate serving a
3.1 	mandatory life sentence under section 609.185, clause (1), (3),
3.2 	(5), or (6); 609.109, subdivision 2a 3; 609.342, subdivision 2,
3.3 	paragraph (b); 609.343, subdivision 2, paragraph (b); 609.344,
3.4 	subdivision 2, paragraph (b); 609.345, subdivision 2, paragraph
3.5 	(b); 609.3453, subdivision 2, paragraph (b);or 609.385 after
3.6 	the inmate has served the minimum term of imprisonment specified
3.7 	in subdivision 4.
3.8 	(b) The commissioner shall require the preparation of a
3.9 	community investigation report and shall consider the findings
3.10 	of the report when making a supervised release decision under
3.11 	this subdivision.  The report shall reflect the sentiment of the
3.12 	various elements of the community toward the inmate, both at the
3.13 	time of the offense and at the present time.  The report shall
3.14 	include the views of the sentencing judge, the prosecutor, any
3.15 	law enforcement personnel who may have been involved in the
3.16 	case, and any successors to these individuals who may have
3.17 	information relevant to the supervised release decision.  The
3.18 	report shall also include the views of the victim and the
3.19 	victim's family unless the victim or the victim's family chooses
3.20 	not to participate.
3.21 	(c) The commissioner shall make reasonable efforts to
3.22 	notify the victim, in advance, of the time and place of the
3.23 	inmate's supervised release review hearing.  The victim has a
3.24 	right to submit an oral or written statement at the review
3.25 	hearing.  The statement may summarize the harm suffered by the
3.26 	victim as a result of the crime and give the victim's
3.27 	recommendation on whether the inmate should be given supervised
3.28 	release at this time.  The commissioner must consider the
3.29 	victim's statement when making the supervised release decision.
3.30 	(d) When considering whether to give supervised release to
3.31 	an inmate serving a life sentence under section 609.342,
3.32 	subdivision 2, paragraph (b); 609.343, subdivision 2, paragraph
3.33 	(b); 609.344, subdivision 2, paragraph (b); 609.345, subdivision
3.34 	2, paragraph (b); or 609.3453, subdivision 2, paragraph (b), the
3.35 	commissioner shall consider, at a minimum, the following:  the
3.36 	risk the inmate poses to the community if released, the inmate's
4.1 	progress in treatment, the inmate's behavior while incarcerated,
4.2 	psychological or other diagnostic evaluations of the inmate, the
4.3 	inmate's criminal history, and any other relevant conduct of the
4.4 	inmate while incarcerated or before incarceration.
4.5 	(e) As used in this subdivision, "victim" means the
4.6 	individual who suffered harm as a result of the inmate's crime
4.7 	or, if the individual is deceased, the deceased's surviving
4.8 	spouse or next of kin.
4.9 	
EFFECTIVE DATE. This section is effective August 1, 2005,
4.10 	and applies to crimes committed on or after that date.

4.11 	Sec. 4. Minnesota Statutes 2004, section 609.108,
4.12 	subdivision 1, is amended to read:
4.13 		Subdivision 1.Mandatory increased sentence. (a) A court
4.14 	shall commit a person to the commissioner of corrections for a
4.15 	period of time that is not less than double the presumptive
4.16 	sentence under the Sentencing Guidelines and not more than the
4.17 	statutory maximum, or if the statutory maximum is less than
4.18 	double the presumptive sentence, for a period of time that is
4.19 	equal to the statutory maximum, if:
4.20 	(1) the court is imposing an executed sentence, based on a
4.21 	Sentencing Guidelines presumptive imprisonment sentence or a
4.22 	dispositional departure for aggravating circumstances or a
4.23 	mandatory minimum sentence,on a person convicted of committing
4.24 	or attempting to commit a violation of section 609.342, 609.343,
4.25 	609.344, or 609.345, or on a person convicted of committing or
4.26 	attempting to commit any other crime listed in subdivision 3 if
4.27 	it reasonably appears to the court that the crime was motivated
4.28 	by the offender's sexual impulses or was part of a predatory
4.29 	pattern of behavior that had criminal sexual conduct as its goal 
4.30 	609.3453;
4.31 	(2) the court finds fact finder determines that the
4.32 	offender is a danger to public safety; and
4.33 	(3) the court finds fact finder determines that the
4.34 	offender needs long-term treatment or supervision offender's
4.35 	criminal sexual behavior is so engrained that the risk of
4.36 	reoffending is great without intensive psychotherapeutic
5.1 	intervention or other long-term treatment or supervision
5.2 	extending beyond the presumptive term of imprisonment and
5.3 	supervised release. The finding must be based on a professional
5.4 	assessment by an examiner experienced in evaluating sex
5.5 	offenders that concludes that the offender is a patterned sex
5.6 	offender.  The assessment must contain the facts upon which the
5.7 	conclusion is based, with reference to the offense history of
5.8 	the offender or the severity of the current offense, the social
5.9 	history of the offender, and the results of an examination of
5.10 	the offender's mental status unless the offender refuses to be
5.11 	examined.  The conclusion may not be based on testing alone.  A
5.12 	patterned sex offender is one whose criminal sexual behavior is
5.13 	so engrained that the risk of reoffending is great without
5.14 	intensive psychotherapeutic intervention or other long-term
5.15 	controls.
5.16 	(b) The court shall consider imposing a sentence under this
5.17 	section whenever a person is convicted of violating section
5.18 	609.342 or 609.343.
5.19 	
EFFECTIVE DATE. This section is effective August 1, 2005,
5.20 	and applies to crimes committed on or after that date.

5.21 	Sec. 5. Minnesota Statutes 2004, section 609.108,
5.22 	subdivision 3, is amended to read:
5.23 		Subd. 3.Predatory crime. A predatory crime is a felony
5.24 	violation of section 609.185, 609.19, 609.195, 609.20, 609.205,
5.25 	609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255,
5.26 	609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561,
5.27 	or 609.582, subdivision 1.As used in this section, "predatory
5.28 	crime" has the meaning given in section 609.341, subdivision 24.
5.29 	
EFFECTIVE DATE. This section is effective August 1, 2005,
5.30 	and applies to crimes committed on or after that date.

5.31 	Sec. 6. Minnesota Statutes 2004, section 609.108,
5.32 	subdivision 4, is amended to read:
5.33 		Subd. 4.Danger to public safety.  The court shall base
5.34 	its finding fact finder shall base its determination that the
5.35 	offender is a danger to public safety on any of the following
5.36 	factors:
6.1 	(1) the crime involved an aggravating factor that would
6.2 	justify a durational departure from the presumptive sentence
6.3 	under the Sentencing Guidelines;
6.4 	(2) the offender previously committed or attempted to
6.5 	commit a predatory crime or a violation of section 609.224 or
6.6 	609.2242, including:
6.7 	(i) an offense committed as a juvenile that would have been
6.8 	a predatory crime or a violation of section 609.224 or 609.2242
6.9 	if committed by an adult; or
6.10 	(ii) a violation or attempted violation of a similar law of
6.11 	any other state or the United States; or
6.12 	(3) the offender planned or prepared for the crime prior to
6.13 	its commission.
6.14 	
EFFECTIVE DATE. This section is effective August 1, 2005,
6.15 	and applies to crimes committed on or after that date.

6.16 	Sec. 7. Minnesota Statutes 2004, section 609.109,
6.17 	subdivision 7, is amended to read:
6.18 		Subd. 7.Conditional release of sex offenders.  (a)
6.19 	Notwithstanding the statutory maximum sentence otherwise
6.20 	applicable to the offense or any provision of the Sentencing
6.21 	Guidelines, when a court sentences a person to prison for a
6.22 	violation of section 609.342, 609.343, 609.344, or 609.345, or
6.23 	609.3453,the court shall provide that after the person has
6.24 	completed the sentence imposed, the commissioner of corrections
6.25 	shall place the person on conditional release.
6.26 	If the person was convicted for a violation of section
6.27 	609.342, 609.343, 609.344, or 609.345, or 609.3453,the person
6.28 	shall be placed on conditional release for five years, minus the
6.29 	time the person served on supervised release.
6.30 	If the person was convicted for a violation of one of those
6.31 	sections after a previous and the violation is a second or
6.32 	subsequent sex offense conviction as defined in section 609.341,
6.33 	subdivision 5 23, or sentenced under subdivision 6 to a
6.34 	mandatory departure, the person shall be placed on conditional
6.35 	release for ten years, minus the time the person served on
6.36 	supervised release.
7.1 	(b) The conditions of release may include successful
7.2 	completion of treatment and aftercare in a program approved by
7.3 	the commissioner, satisfaction of the release conditions
7.4 	specified in section 244.05, subdivision 6, and any other
7.5 	conditions the commissioner considers appropriate.  If the
7.6 	offender fails to meet any condition of release, the
7.7 	commissioner may revoke the offender's conditional release and
7.8 	order that the offender serve the remaining portion of the
7.9 	conditional release term in prison.  The commissioner shall not
7.10 	dismiss the offender from supervision before the conditional
7.11 	release term expires.
7.12 	Conditional release under this subdivision is governed by
7.13 	provisions relating to supervised release, except as otherwise
7.14 	provided in this subdivision, section 244.04, subdivision 1, or
7.15 	244.05.
7.16 	(c) The commissioner shall pay the cost of treatment of a
7.17 	person released under this subdivision.  This section does not
7.18 	require the commissioner to accept or retain an offender in a
7.19 	treatment program.
7.20 	
EFFECTIVE DATE. This section is effective August 1, 2005,
7.21 	and applies to crimes committed on or after that date.

7.22 	Sec. 8. Minnesota Statutes 2004, section 609.341, is
7.23 	amended by adding a subdivision to read:
7.24 		Subd. 22.Sex offense. Except for section 609.3452, "sex
7.25 	offense" means any violation of, or attempt to violate, section
7.26 	609.342, 609.343, 609.344, 609.345, 609.3453, or any similar
7.27 	statute of the United States, this state, or any other state.
7.28 	
EFFECTIVE DATE. This section is effective August 1, 2005,
7.29 	and applies to crimes committed on or after that date.

7.30 	Sec. 9. Minnesota Statutes 2004, section 609.341, is
7.31 	amended by adding a subdivision to read:
7.32 		Subd. 23.Second or subsequent sex offense. "Second or
7.33 	subsequent sex offense" means a sex offense for which the
7.34 	offender is convicted after the offender has already been
7.35 	convicted or adjudicated delinquent for another sex offense in a
7.36 	separate behavioral incident, regardless of when the behavioral
8.1 	incident occurred.
8.2 	
EFFECTIVE DATE. This section is effective August 1, 2005,
8.3 	and applies to crimes committed on or after that date.

8.4 	Sec. 10. Minnesota Statutes 2004, section 609.341, is
8.5 	amended by adding a subdivision to read:
8.6 		Subd. 24.Predatory crime. "Predatory crime" means a
8.7 	felony violation of section 609.185, 609.19, 609.195, 609.20,
8.8 	609.205, 609.221, 609.222, 609.223, 609.24, 609.245, 609.25,
8.9 	609.255, 609.365, 609.498, 609.561, or 609.582, subdivision 1.
8.10 	
EFFECTIVE DATE. This section is effective August 1, 2005,
8.11 	and applies to crimes committed on or after that date.

8.12 	Sec. 11. Minnesota Statutes 2004, section 609.342,
8.13 	subdivision 2, is amended to read:
8.14 		Subd. 2.Penalty.  (a) Except as otherwise provided
8.15 	in section 609.109paragraph (b), a person convicted under
8.16 	subdivision 1 may be sentenced to imprisonment for not more than
8.17 	30 years or to a payment of a fine of not more than $40,000, or
8.18 	both.
8.19 	(b) Unless a longer mandatory minimum sentence is otherwise
8.20 	required by law or the Sentencing Guidelines provide for a
8.21 	longer presumptive executed sentence, the court shall presume
8.22 	that an executed sentence of 144 months must be imposed on an
8.23 	offender convicted of violating this section.  Sentencing a
8.24 	person in a manner other than that described in this paragraph
8.25 	is a departure from the Sentencing Guidelines.
8.26 	(b) The court shall sentence a person to imprisonment for
8.27 	life if:
8.28 	(1) the person is convicted under subdivision 1 of a second
8.29 	or subsequent sex offense; or 
8.30 	(2) the person is convicted under subdivision 1, and the
8.31 	fact finder determines beyond a reasonable doubt that any of the
8.32 	following circumstances exist:
8.33 	(i) the offender tortured the complainant;
8.34 	(ii) the offender intentionally inflicted great bodily harm
8.35 	upon the complainant;
8.36 	(iii) the offender violated section 609.25 as part of the
9.1 	same course of conduct against the complainant;
9.2 	(iv) the complainant was under 13 years of age at the time
9.3 	of the offense;
9.4 	(v) the offender knowingly committed the offense in the
9.5 	presence of a child under 13 years of age;
9.6 	(vi) the offender was armed with a dangerous weapon or any
9.7 	article used or fashioned in a manner to lead the complainant to
9.8 	reasonably believe it to be a dangerous weapon and used or
9.9 	threatened to use the weapon or article to cause the complainant
9.10 	to submit;
9.11 	(vii) the offense involved sexual penetration or sexual
9.12 	contact of the complainant by a foreign object or an animal;
9.13 	(viii) the offense involved sexual penetration or sexual
9.14 	contact of more than one victim; or 
9.15 	(ix) the offense involved more than one perpetrator
9.16 	engaging in sexual penetration or sexual contact with the
9.17 	complainant.
9.18 	The fact finder may not consider a circumstance described
9.19 	in items (i) to (ix), if it is an element of the underlying
9.20 	violation of subdivision 1.
9.21 	At the time of sentencing, the court shall specify a
9.22 	minimum term of imprisonment that must be served before the
9.23 	offender may be considered for supervised release.
9.24 	As used in this paragraph, "torture" means the intentional
9.25 	infliction of extreme mental anguish, or extreme psychological
9.26 	or physical abuse, when committed in an especially depraved
9.27 	manner.
9.28 	(c) In addition to the sentence imposed under paragraph (a)
9.29 	or (b), the person may also be sentenced to the payment of a
9.30 	fine of not more than $40,000.
9.31 	
EFFECTIVE DATE. This section is effective August 1, 2005,
9.32 	and applies to crimes committed on or after that date.

9.33 	Sec. 12. Minnesota Statutes 2004, section 609.342,
9.34 	subdivision 3, is amended to read:
9.35 		Subd. 3.Stay.  Except when imprisonment is required
9.36 	under section 609.109subdivision 2, paragraph (b), if a person
10.1 	is convicted under subdivision 1, clause (g), the court may stay
10.2 	imposition or execution of the sentence if it finds that:
10.3 	(a) a stay is in the best interest of the complainant or
10.4 	the family unit; and
10.5 	(b) a professional assessment indicates that the offender
10.6 	has been accepted by and can respond to a treatment program.
10.7 	If the court stays imposition or execution of sentence, it
10.8 	shall include the following as conditions of probation:
10.9 	(1) incarceration in a local jail or workhouse;
10.10 	(2) a requirement that the offender complete a treatment
10.11 	program; and
10.12 	(3) a requirement that the offender have no unsupervised
10.13 	contact with the complainant until the offender has successfully
10.14 	completed the treatment program unless approved by the treatment
10.15 	program and the supervising correctional agent.
10.16 	
EFFECTIVE DATE. This section is effective August 1, 2005,
10.17 	and applies to crimes committed on or after that date.

10.18 	Sec. 13. Minnesota Statutes 2004, section 609.343,
10.19 	subdivision 2, is amended to read:
10.20 		Subd. 2.Penalty.  (a) Except as otherwise provided
10.21 	in section 609.109paragraph (b), a person convicted under
10.22 	subdivision 1 may be sentenced to imprisonment for not more than
10.23 	25 years or to a payment of a fine of not more than $35,000, or
10.24 	both.
10.25 	(b) Unless a longer mandatory minimum sentence is otherwise
10.26 	required by law or the Sentencing Guidelines provide for a
10.27 	longer presumptive executed sentence, the court shall presume
10.28 	that an executed sentence of 90 months must be imposed on an
10.29 	offender convicted of violating subdivision 1, clause (c), (d),
10.30 	(e), (f), or (h).  Sentencing a person in a manner other than
10.31 	that described in this paragraph is a departure from the
10.32 	Sentencing Guidelines.
10.33 	(b) A person convicted under subdivision 1 of a second or
10.34 	subsequent sex offense shall be sentenced to imprisonment for
10.35 	life.  At the time of sentencing, the court shall specify a
10.36 	minimum term of imprisonment that must be served before the
11.1 	offender may be considered for supervised release.
11.2 	(c) In addition to the sentence imposed under paragraph (a)
11.3 	or (b), the person may also be sentenced to the payment of a
11.4 	fine of not more than $35,000.
11.5 	
EFFECTIVE DATE. This section is effective August 1, 2005,
11.6 	and applies to crimes committed on or after that date.

11.7 	Sec. 14. Minnesota Statutes 2004, section 609.343,
11.8 	subdivision 3, is amended to read:
11.9 		Subd. 3.Stay.  Except when imprisonment is required
11.10 	under section 609.109subdivision 2, paragraph (b), if a person
11.11 	is convicted under subdivision 1, clause (g), the court may stay
11.12 	imposition or execution of the sentence if it finds that:
11.13 	(a) a stay is in the best interest of the complainant or
11.14 	the family unit; and
11.15 	(b) a professional assessment indicates that the offender
11.16 	has been accepted by and can respond to a treatment program.
11.17 	If the court stays imposition or execution of sentence, it
11.18 	shall include the following as conditions of probation:
11.19 	(1) incarceration in a local jail or workhouse;
11.20 	(2) a requirement that the offender complete a treatment
11.21 	program; and
11.22 	(3) a requirement that the offender have no unsupervised
11.23 	contact with the complainant until the offender has successfully
11.24 	completed the treatment program unless approved by the treatment
11.25 	program and the supervising correctional agent.
11.26 	
EFFECTIVE DATE. This section is effective August 1, 2005,
11.27 	and applies to crimes committed on or after that date.

11.28 	Sec. 15. Minnesota Statutes 2004, section 609.344,
11.29 	subdivision 2, is amended to read:
11.30 		Subd. 2.Penalty. (a) Except as otherwise provided in
11.31 	paragraph (b),a person convicted under subdivision 1 may be
11.32 	sentenced to imprisonment for not more than 15 years or to a
11.33 	payment of a fine of not more than $30,000, or both.
11.34 	(b) A person convicted under subdivision 1 of a second or
11.35 	subsequent sex offense shall be sentenced to imprisonment for
11.36 	life.  At the time of sentencing, the court shall specify a
12.1 	minimum term of imprisonment that must be served before the
12.2 	offender may be considered for supervised release.
12.3 	(c) In addition to the sentence imposed under paragraph (a)
12.4 	or (b), the person may also be sentenced to the payment of a
12.5 	fine of not more than $30,000.
12.6 	
EFFECTIVE DATE. This section is effective August 1, 2005,
12.7 	and applies to crimes committed on or after that date.

12.8 	Sec. 16. Minnesota Statutes 2004, section 609.344,
12.9 	subdivision 3, is amended to read:
12.10 		Subd. 3.Stay.  Except when imprisonment is required
12.11 	under section 609.109subdivision 2, paragraph (b), if a person
12.12 	is convicted under subdivision 1, clause (f), the court may stay
12.13 	imposition or execution of the sentence if it finds that:
12.14 	(a) a stay is in the best interest of the complainant or
12.15 	the family unit; and
12.16 	(b) a professional assessment indicates that the offender
12.17 	has been accepted by and can respond to a treatment program.
12.18 	If the court stays imposition or execution of sentence, it
12.19 	shall include the following as conditions of probation:
12.20 	(1) incarceration in a local jail or workhouse;
12.21 	(2) a requirement that the offender complete a treatment
12.22 	program; and
12.23 	(3) a requirement that the offender have no unsupervised
12.24 	contact with the complainant until the offender has successfully
12.25 	completed the treatment program unless approved by the treatment
12.26 	program and the supervising correctional agent.
12.27 	
EFFECTIVE DATE. This section is effective August 1, 2005,
12.28 	and applies to crimes committed on or after that date.

12.29 	Sec. 17. Minnesota Statutes 2004, section 609.345,
12.30 	subdivision 2, is amended to read:
12.31 		Subd. 2.Penalty. (a) Except as otherwise provided in
12.32 	paragraph (b),a person convicted under subdivision 1 may be
12.33 	sentenced to imprisonment for not more than ten years or to a
12.34 	payment of a fine of not more than $20,000, or both.
12.35 	(b) A person convicted under subdivision 1 of a second or
12.36 	subsequent sex offense shall be sentenced to imprisonment for
13.1 	life.  At the time of sentencing, the court shall specify a
13.2 	minimum term of imprisonment that must be served before the
13.3 	offender may be considered for supervised release.
13.4 	(c) In addition to the sentence imposed under paragraph (a)
13.5 	or (b), the person may also be sentenced to the payment of a
13.6 	fine of not more than $20,000.
13.7 	
EFFECTIVE DATE. This section is effective August 1, 2005,
13.8 	and applies to crimes committed on or after that date.

13.9 	Sec. 18. Minnesota Statutes 2004, section 609.345,
13.10 	subdivision 3, is amended to read:
13.11 		Subd. 3.Stay.  Except when imprisonment is required
13.12 	under section 609.109subdivision 2, paragraph (b), if a person
13.13 	is convicted under subdivision 1, clause (f), the court may stay
13.14 	imposition or execution of the sentence if it finds that:
13.15 	(a) a stay is in the best interest of the complainant or
13.16 	the family unit; and
13.17 	(b) a professional assessment indicates that the offender
13.18 	has been accepted by and can respond to a treatment program.
13.19 	If the court stays imposition or execution of sentence, it
13.20 	shall include the following as conditions of probation:
13.21 	(1) incarceration in a local jail or workhouse;
13.22 	(2) a requirement that the offender complete a treatment
13.23 	program; and
13.24 	(3) a requirement that the offender have no unsupervised
13.25 	contact with the complainant until the offender has successfully
13.26 	completed the treatment program unless approved by the treatment
13.27 	program and the supervising correctional agent.
13.28 	
EFFECTIVE DATE. This section is effective August 1, 2005,
13.29 	and applies to crimes committed on or after that date.

13.30 	Sec. 19. [609.3453] CRIMINAL SEXUAL CONDUCT IN THE SIXTH
13.31 	DEGREE.
13.32 		Subdivision 1.Crime defined. A person is guilty of
13.33 	criminal sexual conduct in the sixth degree if the person
13.34 	commits a predatory crime that was motivated by the offender's
13.35 	sexual impulses or was part of a predatory pattern of behavior
13.36 	that had criminal sexual conduct as its goal.
14.1 		Subd. 2.Penalty. (a) Except as otherwise provided in
14.2 	paragraph (b), a person convicted under subdivision 1 may be
14.3 	sentenced to imprisonment for not more than seven years.
14.4 	(b) A person convicted under subdivision 1 of a second or
14.5 	subsequent sex offense shall be sentenced to imprisonment for
14.6 	life.  At the time of sentencing, the court shall specify a
14.7 	minimum term of imprisonment that must be served before the
14.8 	offender may be considered for supervised release.
14.9 	(c) In addition to the sentence imposed under paragraph (a)
14.10 	or (b), the person may also be sentenced to the payment of a
14.11 	fine of not more than $20,000.
14.12 	
EFFECTIVE DATE. This section is effective August 1, 2005,
14.13 	and applies to crimes committed on or after that date.

14.14 	Sec. 20. SENTENCING GUIDELINES; CHANGES MANDATED.
 14.15 	(a) The Sentencing Guidelines Commission shall modify the
14.16 	Sentencing Guidelines, including the guidelines grid, to reflect
14.17 	the changes made in this act.
14.18 	(b) The commission shall make the sex offender-related
14.19 	modifications to the guidelines and grid proposed in the
14.20 	commission's January 2005 report to the legislature, including
14.21 	creating a separate sex offender grid, and changing the method
14.22 	used to calculate the weights assigned to sex offenses when
14.23 	calculating an offender's criminal history.  However, the
14.24 	commission shall adapt the proposed modifications to reflect the
14.25 	restructuring of sex offense sentences under this article.
14.26 	(c) Modifications made by the commission under this section
14.27 	take effect August 1, 2005.

14.28 	EFFECTIVE DATE. This section is effective the day
14.29 	following final enactment.

14.30 	Sec. 21. REPEALER.
 14.31 	Minnesota Statutes 2004, section 609.108, subdivision 2, is
14.32 	repealed.

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

14.35 	ARTICLE 2
14.36 	SEX OFFENDERS:
15.1 	TECHNICAL AND CONFORMING CHANGES

15.2 	Section 1. Minnesota Statutes 2004, section 14.03,
15.3 	subdivision 3, is amended to read:
15.4 		Subd. 3.Rulemaking procedures.  (a) The definition of a
15.5 	rule in section 14.02, subdivision 4, does not include:
15.6 	(1) rules concerning only the internal management of the
15.7 	agency or other agencies that do not directly affect the rights
15.8 	of or procedures available to the public;
15.9 	(2) an application deadline on a form; and the remainder of
15.10 	a form and instructions for use of the form to the extent that
15.11 	they do not impose substantive requirements other than
15.12 	requirements contained in statute or rule;
15.13 	(3) the curriculum adopted by an agency to implement a
15.14 	statute or rule permitting or mandating minimum educational
15.15 	requirements for persons regulated by an agency, provided the
15.16 	topic areas to be covered by the minimum educational
15.17 	requirements are specified in statute or rule;
15.18 	(4) procedures for sharing data among government agencies,
15.19 	provided these procedures are consistent with chapter 13 and
15.20 	other law governing data practices.
15.21 	(b) The definition of a rule in section 14.02, subdivision
15.22 	4, does not include:
15.23 	(1) rules of the commissioner of corrections relating to
15.24 	the release,placement, term,and supervision of inmates serving
15.25 	a supervised release or conditional release term, the internal
15.26 	management of institutions under the commissioner's control, and
15.27 	rules adopted under section 609.105 governing the inmates of
15.28 	those institutions;
15.29 	(2) rules relating to weight limitations on the use of
15.30 	highways when the substance of the rules is indicated to the
15.31 	public by means of signs;
15.32 	(3) opinions of the attorney general;
15.33 	(4) the data element dictionary and the annual data
15.34 	acquisition calendar of the Department of Education to the
15.35 	extent provided by section 125B.07;
15.36 	(5) the occupational safety and health standards provided
16.1 	in section 182.655;
16.2 	(6) revenue notices and tax information bulletins of the
16.3 	commissioner of revenue;
16.4 	(7) uniform conveyancing forms adopted by the commissioner
16.5 	of commerce under section 507.09; or
16.6 	(8) the interpretive guidelines developed by the
16.7 	commissioner of human services to the extent provided in chapter
16.8 	245A.
16.9 	
EFFECTIVE DATE. This section is effective August 1, 2005,
16.10 	and applies to crimes committed on or after that date.

16.11 	Sec. 2. Minnesota Statutes 2004, section 243.166,
16.12 	subdivision 1, is amended to read:
16.13 		Subdivision 1.Registration required.  (a) A person shall
16.14 	register under this section if:
16.15 	(1) the person was charged with or petitioned for a felony
16.16 	violation of or attempt to violate any of the following, and
16.17 	convicted of or adjudicated delinquent for that offense or
16.18 	another offense arising out of the same set of circumstances:
16.19 	(i) murder under section 609.185, clause (2); or
16.20 	(ii) kidnapping under section 609.25; or
16.21 	(iii) criminal sexual conduct under section 609.342;
16.22 	609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
16.23 	609.3453;or
16.24 	(iv) indecent exposure under section 617.23, subdivision 3;
16.25 	or
16.26 	(2) the person was charged with or petitioned for falsely
16.27 	imprisoning a minor in violation of section 609.255, subdivision
16.28 	2; soliciting a minor to engage in prostitution in violation of
16.29 	section 609.322 or 609.324; soliciting a minor to engage in
16.30 	sexual conduct in violation of section 609.352; using a minor in
16.31 	a sexual performance in violation of section 617.246; or
16.32 	possessing pornographic work involving a minor in violation of
16.33 	section 617.247, and convicted of or adjudicated delinquent for
16.34 	that offense or another offense arising out of the same set of
16.35 	circumstances; or
16.36 	(3) the person was convicted of a predatory crime as
17.1 	defined in section 609.108, and the offender was sentenced as a
17.2 	patterned sex offender or the court found on its own motion or
17.3 	that of the prosecutor that the crime was part of a predatory
17.4 	pattern of behavior that had criminal sexual conduct as its goal 
17.5 	as a patterned sex offender under section 609.108; or
17.6 	(4) the person was convicted of or adjudicated delinquent
17.7 	for, including pursuant to a court martial, violating a law of
17.8 	the United States, including the Uniform Code of Military
17.9 	Justice, similar to the offenses described in clause (1), (2),
17.10 	or (3).
17.11 	(b) A person also shall register under this section if:
17.12 	(1) the person was convicted of or adjudicated delinquent
17.13 	in another state for an offense that would be a violation of a
17.14 	law described in paragraph (a) if committed in this state;
17.15 	(2) the person enters the state to reside, or to work or
17.16 	attend school; and
17.17 	(3) ten years have not elapsed since the person was
17.18 	released from confinement or, if the person was not confined,
17.19 	since the person was convicted of or adjudicated delinquent for
17.20 	the offense that triggers registration, unless the person is
17.21 	subject to lifetime registration, in which case the person must
17.22 	register for life regardless of when the person was released
17.23 	from confinement, convicted, or adjudicated delinquent.
17.24 	For purposes of this paragraph:
17.25 	(i) "school" includes any public or private educational
17.26 	institution, including any secondary school, trade or
17.27 	professional institution, or institution of higher education,
17.28 	that the person is enrolled in on a full-time or part-time
17.29 	basis; and
17.30 	(ii) "work" includes employment that is full time or part
17.31 	time for a period of time exceeding 14 days or for an aggregate
17.32 	period of time exceeding 30 days during any calendar year,
17.33 	whether financially compensated, volunteered, or for the purpose
17.34 	of government or educational benefit.
17.35 	(c) A person also shall register under this section if the
17.36 	person was committed pursuant to a court commitment order under
18.1 	section 253B.185 or Minnesota Statutes 1992, section 526.10, or
18.2 	a similar law of another state or the United States, regardless
18.3 	of whether the person was convicted of any offense.
18.4 	(d) A person also shall register under this section if:
18.5 	(1) the person was charged with or petitioned for a felony
18.6 	violation or attempt to violate any of the offenses listed in
18.7 	paragraph (a), clause (1), or a similar law of another state or
18.8 	the United States, or the person was charged with or petitioned
18.9 	for a violation of any of the offenses listed in paragraph (a),
18.10 	clause (2), or a similar law of another state or the United
18.11 	States;
18.12 	(2) the person was found not guilty by reason of mental
18.13 	illness or mental deficiency after a trial for that offense, or
18.14 	found guilty but mentally ill after a trial for that offense, in
18.15 	states with a guilty but mentally ill verdict; and
18.16 	(3) the person was committed pursuant to a court commitment
18.17 	order under section 253B.18 or a similar law of another state or
18.18 	the United States.
18.19 	
EFFECTIVE DATE. This section is effective August 1, 2005,
18.20 	and applies to crimes committed on or after that date.

18.21 	Sec. 3. Minnesota Statutes 2004, section 244.05,
18.22 	subdivision 6, is amended to read:
18.23 		Subd. 6.Intensive supervised release.  The commissioner
18.24 	may order that an inmate be placed on intensive supervised
18.25 	release for all or part of the inmate's supervised release or
18.26 	parole term if the commissioner determines that the action will
18.27 	further the goals described in section 244.14, subdivision 1,
18.28 	clauses (2), (3), and (4).  In addition, the commissioner may
18.29 	order that an inmate be placed on intensive supervised release
18.30 	for all of the inmate's conditional or supervised release term
18.31 	if the inmate was convicted of a sex offense under sections 
18.32 	section 609.342 to , 609.343, 609.344,609.345, or 609.3453,or
18.33 	was sentenced under the provisions of section 609.108.  The
18.34 	commissioner may impose appropriate conditions of release on the
18.35 	inmate including but not limited to unannounced searches of the
18.36 	inmate's person, vehicle, or premises by an intensive
19.1 	supervision agent; compliance with court-ordered restitution, if
19.2 	any; random drug testing; house arrest; daily curfews; frequent
19.3 	face-to-face contacts with an assigned intensive supervision
19.4 	agent; work, education, or treatment requirements; and
19.5 	electronic surveillance.  In addition, any sex offender placed
19.6 	on intensive supervised release may be ordered to participate in
19.7 	an appropriate sex offender program as a condition of release.
19.8 	If the inmate violates the conditions of the intensive
19.9 	supervised release, the commissioner shall impose sanctions as
19.10 	provided in subdivision 3 and section 609.108.
19.11 	
EFFECTIVE DATE. This section is effective August 1, 2005,
19.12 	and applies to crimes committed on or after that date.

19.13 	Sec. 4. Minnesota Statutes 2004, section 244.05,
19.14 	subdivision 7, is amended to read:
19.15 		Subd. 7.Sex offenders; civil commitment determination.
 19.16 	(a) Before the commissioner releases from prison any inmate
19.17 	convicted under sections section 609.342 to , 609.343, 609.344,
19.18 	609.345, or 609.3453,or sentenced as a patterned offender under
19.19 	section 609.108, and determined by the commissioner to be in a
19.20 	high risk category, the commissioner shall make a preliminary
19.21 	determination whether, in the commissioner's opinion, a petition
19.22 	under section 253B.185 may be appropriate.
19.23 	(b) In making this decision, the commissioner shall have
19.24 	access to the following data only for the purposes of the
19.25 	assessment and referral decision:
19.26 	(1) private medical data under section 13.384 or 144.335,
19.27 	or welfare data under section 13.46 that relate to medical
19.28 	treatment of the offender;
19.29 	(2) private and confidential court services data under
19.30 	section 13.84;
19.31 	(3) private and confidential corrections data under section
19.32 	13.85; and
19.33 	(4) private criminal history data under section 13.87.
19.34 	(c) If the commissioner determines that a petition may be
19.35 	appropriate, the commissioner shall forward this determination,
19.36 	along with a summary of the reasons for the determination, to
20.1 	the county attorney in the county where the inmate was convicted
20.2 	no later than 12 months before the inmate's release date.  If
20.3 	the inmate is received for incarceration with fewer than 12
20.4 	months remaining in the inmate's term of imprisonment, or if the
20.5 	commissioner receives additional information less than 12 months
20.6 	before release which makes the inmate's case appropriate for
20.7 	referral, the commissioner shall forward the determination as
20.8 	soon as is practicable.  Upon receiving the commissioner's
20.9 	preliminary determination, the county attorney shall proceed in
20.10 	the manner provided in section 253B.185.  The commissioner shall
20.11 	release to the county attorney all requested documentation
20.12 	maintained by the department.
20.13 	
EFFECTIVE DATE. This section is effective August 1, 2005,
20.14 	and applies to crimes committed on or after that date.

20.15 	Sec. 5. Minnesota Statutes 2004, section 244.052,
20.16 	subdivision 3, is amended to read:
20.17 		Subd. 3.End-of-confinement review committee.  (a) The
20.18 	commissioner of corrections shall establish and administer
20.19 	end-of-confinement review committees at each state correctional
20.20 	facility and at each state treatment facility where predatory
20.21 	offenders are confined.  The committees shall assess on a
20.22 	case-by-case basis the public risk posed by predatory offenders
20.23 	who are about to be released from confinement.
20.24 	(b) Each committee shall be a standing committee and shall
20.25 	consist of the following members appointed by the commissioner:
20.26 	(1) the chief executive officer or head of the correctional
20.27 	or treatment facility where the offender is currently confined,
20.28 	or that person's designee;
20.29 	(2) a law enforcement officer;
20.30 	(3) a treatment professional who is trained in the
20.31 	assessment of sex offenders;
20.32 	(4) a caseworker experienced in supervising sex offenders;
20.33 	and
20.34 	(5) a victim's services professional.
20.35 	Members of the committee, other than the facility's chief
20.36 	executive officer or head, shall be appointed by the
21.1 	commissioner to two-year terms.  The chief executive officer or
21.2 	head of the facility or designee shall act as chair of the
21.3 	committee and shall use the facility's staff, as needed, to
21.4 	administer the committee, obtain necessary information from
21.5 	outside sources, and prepare risk assessment reports on
21.6 	offenders.
21.7 	(c) The committee shall have access to the following data
21.8 	on a predatory offender only for the purposes of its assessment
21.9 	and to defend the committee's risk assessment determination upon
21.10 	administrative review under this section:
21.11 	(1) private medical data under section 13.384 or 144.335,
21.12 	or welfare data under section 13.46 that relate to medical
21.13 	treatment of the offender;
21.14 	(2) private and confidential court services data under
21.15 	section 13.84;
21.16 	(3) private and confidential corrections data under section
21.17 	13.85; and
21.18 	(4) private criminal history data under section 13.87.
21.19 	Data collected and maintained by the committee under this
21.20 	paragraph may not be disclosed outside the committee, except as
21.21 	provided under section 13.05, subdivision 3 or 4.  The predatory
21.22 	offender has access to data on the offender collected and
21.23 	maintained by the committee, unless the data are confidential
21.24 	data received under this paragraph.
21.25 	(d)(i) Except as otherwise provided in item items (ii),
21.26 	(iii), and (iv), at least 90 days before a predatory offender is
21.27 	to be released from confinement, the commissioner of corrections
21.28 	shall convene the appropriate end-of-confinement review
21.29 	committee for the purpose of assessing the risk presented by the
21.30 	offender and determining the risk level to which the offender
21.31 	shall be assigned under paragraph (e).  The offender and the law
21.32 	enforcement agency that was responsible for the charge resulting
21.33 	in confinement shall be notified of the time and place of the
21.34 	committee's meeting.  The offender has a right to be present and
21.35 	be heard at the meeting.  The law enforcement agency may provide
21.36 	material in writing that is relevant to the offender's risk
22.1 	level to the chair of the committee.  The committee shall use
22.2 	the risk factors described in paragraph (g) and the risk
22.3 	assessment scale developed under subdivision 2 to determine the
22.4 	offender's risk assessment score and risk level.  Offenders
22.5 	scheduled for release from confinement shall be assessed by the
22.6 	committee established at the facility from which the offender is
22.7 	to be released.
22.8 	(ii) If an offender is received for confinement in a
22.9 	facility with less than 90 days remaining in the offender's term
22.10 	of confinement, the offender's risk shall be assessed at the
22.11 	first regularly scheduled end of confinement review committee
22.12 	that convenes after the appropriate documentation for the risk
22.13 	assessment is assembled by the committee.  The commissioner
22.14 	shall make reasonable efforts to ensure that offender's risk is
22.15 	assessed and a risk level is assigned or reassigned at least 30
22.16 	days before the offender's release date.
22.17 	(iii) If the offender is subject to a mandatory life
22.18 	sentence under section 609.342, subdivision 2, paragraph (b);
22.19 	609.343, subdivision 2, paragraph (b); 609.344, subdivision 2,
22.20 	paragraph (b); 609.345, subdivision 2, paragraph (b); or
22.21 	609.3453, subdivision 2, paragraph (b), the commissioner of
22.22 	corrections shall convene the appropriate end-of-confinement
22.23 	review committee at least nine months before the offender's
22.24 	minimum term of imprisonment has been served.  If the offender
22.25 	is received for confinement in a facility with less than nine
22.26 	months remaining before the offender's minimum term of
22.27 	imprisonment has been served, the committee shall conform its
22.28 	procedures to those outlined in item (ii) to the extent
22.29 	practicable.
22.30 	(iv) If the offender is granted supervised release, the
22.31 	commissioner of corrections shall notify the appropriate
22.32 	end-of-confinement review committee that it needs to review the
22.33 	offender's previously determined risk level at its next
22.34 	regularly scheduled meeting.  The commissioner shall make
22.35 	reasonable efforts to ensure that the offender's earlier risk
22.36 	level determination is reviewed and the risk level is confirmed
23.1 	or reassigned at least 60 days before the offender's release
23.2 	date.  The committee shall give the report to the offender and
23.3 	to the law enforcement agency at least 60 days before an
23.4 	offender is released from confinement.
23.5 	(e) The committee shall assign to risk level I a predatory
23.6 	offender whose risk assessment score indicates a low risk of
23.7 	reoffense.  The committee shall assign to risk level II an
23.8 	offender whose risk assessment score indicates a moderate risk
23.9 	of reoffense.  The committee shall assign to risk level III an
23.10 	offender whose risk assessment score indicates a high risk of
23.11 	reoffense.
23.12 	(f) Before the predatory offender is released from
23.13 	confinement, the committee shall prepare a risk assessment
23.14 	report which specifies the risk level to which the offender has
23.15 	been assigned and the reasons underlying the committee's risk
23.16 	assessment decision. Except for an offender subject to a
23.17 	mandatory life sentence under section 609.342, subdivision 2,
23.18 	paragraph (b); 609.343, subdivision 2, paragraph (b); 609.344,
23.19 	subdivision 2, paragraph (b); 609.345, subdivision 2, paragraph
23.20 	(b); or 609.3453, subdivision 2, paragraph (b), who has not been
23.21 	granted supervised release,the committee shall give the report
23.22 	to the offender and to the law enforcement agency at least 60
23.23 	days before an offender is released from confinement. If the
23.24 	offender is subject to a mandatory life sentence and has not yet
23.25 	served the entire minimum term of imprisonment, the committee
23.26 	shall give the report to the offender and to the commissioner at
23.27 	least six months before the offender is first eligible for
23.28 	release.If the risk assessment is performed under the
23.29 	circumstances described in paragraph (d), item (ii), the report
23.30 	shall be given to the offender and the law enforcement agency as
23.31 	soon as it is available.  The committee also shall inform the
23.32 	offender of the availability of review under subdivision 6.
23.33 	(g) As used in this subdivision, "risk factors" includes,
23.34 	but is not limited to, the following factors:
23.35 	(1) the seriousness of the offense should the offender
23.36 	reoffend.  This factor includes consideration of the following:
24.1 	(i) the degree of likely force or harm;
24.2 	(ii) the degree of likely physical contact; and
24.3 	(iii) the age of the likely victim;
24.4 	(2) the offender's prior offense history.  This factor
24.5 	includes consideration of the following:
24.6 	(i) the relationship of prior victims to the offender;
24.7 	(ii) the number of prior offenses or victims;
24.8 	(iii) the duration of the offender's prior offense history;
24.9 	(iv) the length of time since the offender's last prior
24.10 	offense while the offender was at risk to commit offenses; and
24.11 	(v) the offender's prior history of other antisocial acts;
24.12 	(3) the offender's characteristics.  This factor includes
24.13 	consideration of the following:
24.14 	(i) the offender's response to prior treatment efforts; and
24.15 	(ii) the offender's history of substance abuse;
24.16 	(4) the availability of community supports to the offender.
24.17 	This factor includes consideration of the following:
24.18 	(i) the availability and likelihood that the offender will
24.19 	be involved in therapeutic treatment;
24.20 	(ii) the availability of residential supports to the
24.21 	offender, such as a stable and supervised living arrangement in
24.22 	an appropriate location;
24.23 	(iii) the offender's familial and social relationships,
24.24 	including the nature and length of these relationships and the
24.25 	level of support that the offender may receive from these
24.26 	persons; and
24.27 	(iv) the offender's lack of education or employment
24.28 	stability;
24.29 	(5) whether the offender has indicated or credible evidence
24.30 	in the record indicates that the offender will reoffend if
24.31 	released into the community; and
24.32 	(6) whether the offender demonstrates a physical condition
24.33 	that minimizes the risk of reoffense, including but not limited
24.34 	to, advanced age or a debilitating illness or physical condition.
24.35 	(h) Upon the request of the law enforcement agency or the
24.36 	offender's corrections agent, the commissioner may reconvene the
25.1 	end-of-confinement review committee for the purpose of
25.2 	reassessing the risk level to which an offender has been
25.3 	assigned under paragraph (e).  In a request for a reassessment,
25.4 	the law enforcement agency which was responsible for the charge
25.5 	resulting in confinement or agent shall list the facts and
25.6 	circumstances arising after the initial assignment or facts and
25.7 	circumstances known to law enforcement or the agent but not
25.8 	considered by the committee under paragraph (e) which support
25.9 	the request for a reassessment.  The request for reassessment by
25.10 	the law enforcement agency must occur within 30 days of receipt
25.11 	of the report indicating the offender's risk level assignment.
25.12 	The offender's corrections agent, in consultation with the chief
25.13 	law enforcement officer in the area where the offender resides
25.14 	or intends to reside, may request a review of a risk level at
25.15 	any time if substantial evidence exists that the offender's risk
25.16 	level should be reviewed by an end-of-confinement review
25.17 	committee.  This evidence includes, but is not limited to,
25.18 	evidence of treatment failures or completions, evidence of
25.19 	exceptional crime-free community adjustment or lack of
25.20 	appropriate adjustment, evidence of substantial community need
25.21 	to know more about the offender or mitigating circumstances that
25.22 	would narrow the proposed scope of notification, or other
25.23 	practical situations articulated and based in evidence of the
25.24 	offender's behavior while under supervision.  Upon review of the
25.25 	request, the end-of-confinement review committee may reassign an
25.26 	offender to a different risk level.  If the offender is
25.27 	reassigned to a higher risk level, the offender has the right to
25.28 	seek review of the committee's determination under subdivision 6.
25.29 	(i) An offender may request the end-of-confinement review
25.30 	committee to reassess the offender's assigned risk level after
25.31 	three years have elapsed since the committee's initial risk
25.32 	assessment and may renew the request once every two years
25.33 	following subsequent denials.  In a request for reassessment,
25.34 	the offender shall list the facts and circumstances which
25.35 	demonstrate that the offender no longer poses the same degree of
25.36 	risk to the community.  In order for a request for a risk level
26.1 	reduction to be granted, the offender must demonstrate full
26.2 	compliance with supervised release conditions, completion of
26.3 	required post-release treatment programming, and full compliance
26.4 	with all registration requirements as detailed in section
26.5 	243.166.  The offender must also not have been convicted of any
26.6 	felony, gross misdemeanor, or misdemeanor offenses subsequent to
26.7 	the assignment of the original risk level.  The committee shall
26.8 	follow the process outlined in paragraphs (a) to (c) in the
26.9 	reassessment.  An offender who is incarcerated may not request a
26.10 	reassessment under this paragraph.
26.11 	(j) Offenders returned to prison as release violators shall
26.12 	not have a right to a subsequent risk reassessment by the
26.13 	end-of-confinement review committee unless substantial evidence
26.14 	indicates that the offender's risk to the public has increased.
26.15 	(k) The commissioner shall establish an end-of-confinement
26.16 	review committee to assign a risk level to offenders who are
26.17 	released from a federal correctional facility in Minnesota or
26.18 	another state and who intend to reside in Minnesota, and to
26.19 	offenders accepted from another state under a reciprocal
26.20 	agreement for parole supervision under the interstate compact
26.21 	authorized by section 243.16.  The committee shall make
26.22 	reasonable efforts to conform to the same timelines as applied
26.23 	to Minnesota cases.  Offenders accepted from another state under
26.24 	a reciprocal agreement for probation supervision are not
26.25 	assigned a risk level, but are considered downward dispositional
26.26 	departures.  The probation or court services officer and law
26.27 	enforcement officer shall manage such cases in accordance with
26.28 	section 244.10, subdivision 2a.  The policies and procedures of
26.29 	the committee for federal offenders and interstate compact cases
26.30 	must be in accordance with all requirements as set forth in this
26.31 	section, unless restrictions caused by the nature of federal or
26.32 	interstate transfers prevents such conformance.
26.33 	(l) If the committee assigns a predatory offender to risk
26.34 	level III, the committee shall determine whether residency
26.35 	restrictions shall be included in the conditions of the
26.36 	offender's release based on the offender's pattern of offending
27.1 	behavior.
27.2 	
EFFECTIVE DATE. This section is effective August 1, 2005,
27.3 	and applies to crimes committed on or after that date.

27.4 	Sec. 6. Minnesota Statutes 2004, section 609.109,
27.5 	subdivision 2, is amended to read:
27.6 		Subd. 2.Presumptive executed sentence.  Except as
27.7 	provided in subdivision 3 or 4, if a person is convicted under
27.8 	sections 609.342 to 609.345 609.3453, within 15 years of a
27.9 	previous sex offense conviction, the court shall commit the
27.10 	defendant to the commissioner of corrections for not less than
27.11 	three years, nor more than the maximum sentence provided by law
27.12 	for the offense for which convicted, notwithstanding the
27.13 	provisions of sections 242.19, 243.05, 609.11, 609.12, and
27.14 	609.135.  The court may stay the execution of the sentence
27.15 	imposed under this subdivision only if it finds that a
27.16 	professional assessment indicates the offender is accepted by
27.17 	and can respond to treatment at a long-term inpatient program
27.18 	exclusively treating sex offenders and approved by the
27.19 	commissioner of corrections.  If the court stays the execution
27.20 	of a sentence, it shall include the following as conditions of
27.21 	probation:
27.22 	(1) incarceration in a local jail or workhouse; and
27.23 	(2) a requirement that the offender successfully complete
27.24 	the treatment program and aftercare as directed by the court.
27.25 	
EFFECTIVE DATE. This section is effective August 1, 2005,
27.26 	and applies to crimes committed on or after that date.

27.27 	Sec. 7. Minnesota Statutes 2004, section 609.109,
27.28 	subdivision 5, is amended to read:
27.29 		Subd. 5.Previous sex offense convictions.  For the
27.30 	purposes of this section, a conviction is considered a previous
27.31 	sex offense conviction if the person was convicted of a sex
27.32 	offense before the commission of the present offense of
27.33 	conviction.  A person has two previous sex offense convictions
27.34 	only if the person was convicted and sentenced for a sex offense
27.35 	committed after the person was earlier convicted and sentenced
27.36 	for a sex offense, both convictions preceded the commission of
28.1 	the present offense of conviction, and 15 years have not elapsed
28.2 	since the person was discharged from the sentence imposed for
28.3 	the second conviction.  A "sex offense" is a violation of
28.4 	sections 609.342 to 609.345 609.3453 or any similar statute of
28.5 	the United States, this state, or any other state.
28.6 	
EFFECTIVE DATE. This section is effective August 1, 2005,
28.7 	and applies to crimes committed on or after that date.

28.8 	Sec. 8. Minnesota Statutes 2004, section 609.117,
28.9 	subdivision 1, is amended to read:
28.10 		Subdivision 1.Upon sentencing.  The court shall order an
28.11 	offender to provide a biological specimen for the purpose of DNA
28.12 	analysis as defined in section 299C.155 when:
28.13 	(1) the court sentences a person charged with violating or
28.14 	attempting to violate any of the following, and the person is
28.15 	convicted of that offense or of any offense arising out of the
28.16 	same set of circumstances:
28.17 	(i) murder under section 609.185, 609.19, or 609.195;
28.18 	(ii) manslaughter under section 609.20 or 609.205;
28.19 	(iii) assault under section 609.221, 609.222, or 609.223;
28.20 	(iv) robbery under section 609.24 or aggravated robbery
28.21 	under section 609.245;
28.22 	(v) kidnapping under section 609.25;
28.23 	(vi) false imprisonment under section 609.255;
28.24 	(vii) criminal sexual conduct under section 609.342,
28.25 	609.343, 609.344, 609.345, or 609.3451, subdivision 3, or
28.26 	609.3453;
28.27 	(viii) incest under section 609.365;
28.28 	(ix) burglary under section 609.582, subdivision 1; or
28.29 	(x) indecent exposure under section 617.23, subdivision 3;
28.30 	(2) the court sentences a person as a patterned sex
28.31 	offender under section 609.108; or
28.32 	(3) the juvenile court adjudicates a person a delinquent
28.33 	child who is the subject of a delinquency petition for violating
28.34 	or attempting to violate any of the following, and the
28.35 	delinquency adjudication is based on a violation of one of those
28.36 	sections or of any offense arising out of the same set of
29.1 	circumstances:
29.2 	(i) murder under section 609.185, 609.19, or 609.195;
29.3 	(ii) manslaughter under section 609.20 or 609.205;
29.4 	(iii) assault under section 609.221, 609.222, or 609.223;
29.5 	(iv) robbery under section 609.24 or aggravated robbery
29.6 	under section 609.245;
29.7 	(v) kidnapping under section 609.25;
29.8 	(vi) false imprisonment under section 609.255;
29.9 	(vii) criminal sexual conduct under section 609.342,
29.10 	609.343, 609.344, 609.345, or 609.3451, subdivision 3, or
29.11 	609.3453;
29.12 	(viii) incest under section 609.365;
29.13 	(ix) burglary under section 609.582, subdivision 1; or
29.14 	(x) indecent exposure under section 617.23, subdivision 3.
29.15 	The biological specimen or the results of the analysis shall be
29.16 	maintained by the Bureau of Criminal Apprehension as provided in
29.17 	section 299C.155.
29.18 	
EFFECTIVE DATE. This section is effective August 1, 2005,
29.19 	and applies to crimes committed on or after that date.

29.20 	Sec. 9. Minnesota Statutes 2004, section 609.117,
29.21 	subdivision 2, is amended to read:
29.22 		Subd. 2.Before release.  The commissioner of corrections
29.23 	or local corrections authority shall order a person to provide a
29.24 	biological specimen for the purpose of DNA analysis before
29.25 	completion of the person's term of imprisonment when the person
29.26 	has not provided a biological specimen for the purpose of DNA
29.27 	analysis and the person:
29.28 	(1) is currently serving a term of imprisonment for or has
29.29 	a past conviction for violating or attempting to violate any of
29.30 	the following or a similar law of another state or the United
29.31 	States or initially charged with violating one of the following
29.32 	sections or a similar law of another state or the United States
29.33 	and convicted of another offense arising out of the same set of
29.34 	circumstances:
29.35 	(i) murder under section 609.185, 609.19, or 609.195;
29.36 	(ii) manslaughter under section 609.20 or 609.205;
30.1 	(iii) assault under section 609.221, 609.222, or 609.223;
30.2 	(iv) robbery under section 609.24 or aggravated robbery
30.3 	under section 609.245;
30.4 	(v) kidnapping under section 609.25;
30.5 	(vi) false imprisonment under section 609.255;
30.6 	(vii) criminal sexual conduct under section 609.342,
30.7 	609.343, 609.344, 609.345, or 609.3451, subdivision 3, or
30.8 	609.3453;
30.9 	(viii) incest under section 609.365;
30.10 	(ix) burglary under section 609.582, subdivision 1; or
30.11 	(x) indecent exposure under section 617.23, subdivision 3;
30.12 	or
30.13 	(2) was sentenced as a patterned sex offender under section
30.14 	609.108, and committed to the custody of the commissioner of
30.15 	corrections; or
30.16 	(3) is serving a term of imprisonment in this state under a
30.17 	reciprocal agreement although convicted in another state of an
30.18 	offense described in this subdivision or a similar law of the
30.19 	United States or any other state.  The commissioner of
30.20 	corrections or local corrections authority shall forward the
30.21 	sample to the Bureau of Criminal Apprehension.
30.22 	
EFFECTIVE DATE. This section is effective August 1, 2005,
30.23 	and applies to crimes committed on or after that date.

30.24 	Sec. 10. Minnesota Statutes 2004, section 609.1351, is
30.25 	amended to read:
30.26 	609.1351 PETITION FOR CIVIL COMMITMENT.
30.27 	When a court sentences a person under section 609.108,
30.28 	609.342, 609.343, 609.344, or 609.345, or 609.3453,the court
30.29 	shall make a preliminary determination whether in the court's
30.30 	opinion a petition under section 253B.185 may be appropriate and
30.31 	include the determination as part of the sentencing order.  If
30.32 	the court determines that a petition may be appropriate, the
30.33 	court shall forward its preliminary determination along with
30.34 	supporting documentation to the county attorney.

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

31.1 	Sec. 11. Minnesota Statutes 2004, section 609.347, is
31.2 	amended to read:
31.3 	609.347 EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.
31.4 	Subdivision 1.  In a prosecution under sections 609.109or ,
31.5 	609.342 to 609.3451, or 609.3453, the testimony of a victim need
31.6 	not be corroborated.
31.7 	Subd. 2.  In a prosecution under sections 609.109or ,
31.8 	609.342 to 609.3451, or 609.3453,there is no need to show that
31.9 	the victim resisted the accused.
31.10 	Subd. 3.  In a prosecution under sections 609.109, 609.342
31.11 	to 609.3451, 609.3453,or 609.365, evidence of the victim's
31.12 	previous sexual conduct shall not be admitted nor shall any
31.13 	reference to such conduct be made in the presence of the jury,
31.14 	except by court order under the procedure provided in
31.15 	subdivision 4.  The evidence can be admitted only if the
31.16 	probative value of the evidence is not substantially outweighed
31.17 	by its inflammatory or prejudicial nature and only in the
31.18 	circumstances set out in paragraphs (a) and (b).  For the
31.19 	evidence to be admissible under paragraph (a), subsection (i),
31.20 	the judge must find by a preponderance of the evidence that the
31.21 	facts set out in the accused's offer of proof are true.  For the
31.22 	evidence to be admissible under paragraph (a), subsection (ii)
31.23 	or paragraph (b), the judge must find that the evidence is
31.24 	sufficient to support a finding that the facts set out in the
31.25 	accused's offer of proof are true, as provided under Rule 901 of
31.26 	the Rules of Evidence.
31.27 	(a) When consent of the victim is a defense in the case,
31.28 	the following evidence is admissible:
31.29 	(i) evidence of the victim's previous sexual conduct
31.30 	tending to establish a common scheme or plan of similar sexual
31.31 	conduct under circumstances similar to the case at issue.  In
31.32 	order to find a common scheme or plan, the judge must find that
31.33 	the victim made prior allegations of sexual assault which were
31.34 	fabricated; and
31.35 	(ii) evidence of the victim's previous sexual conduct with
31.36 	the accused.
32.1 	(b) When the prosecution's case includes evidence of semen,
32.2 	pregnancy, or disease at the time of the incident or, in the
32.3 	case of pregnancy, between the time of the incident and trial,
32.4 	evidence of specific instances of the victim's previous sexual
32.5 	conduct is admissible solely to show the source of the semen,
32.6 	pregnancy, or disease.
32.7 	Subd. 4.  The accused may not offer evidence described in
32.8 	subdivision 3 except pursuant to the following procedure:
32.9 	(a) A motion shall be made by the accused at least three
32.10 	business days prior to trial, unless later for good cause shown,
32.11 	setting out with particularity the offer of proof of the
32.12 	evidence that the accused intends to offer, relative to the
32.13 	previous sexual conduct of the victim;
32.14 	(b) If the court deems the offer of proof sufficient, the
32.15 	court shall order a hearing out of the presence of the jury, if
32.16 	any, and in such hearing shall allow the accused to make a full
32.17 	presentation of the offer of proof;
32.18 	(c) At the conclusion of the hearing, if the court finds
32.19 	that the evidence proposed to be offered by the accused
32.20 	regarding the previous sexual conduct of the victim is
32.21 	admissible under subdivision 3 and that its probative value is
32.22 	not substantially outweighed by its inflammatory or prejudicial
32.23 	nature, the court shall make an order stating the extent to
32.24 	which evidence is admissible.  The accused may then offer
32.25 	evidence pursuant to the order of the court;
32.26 	(d) If new information is discovered after the date of the
32.27 	hearing or during the course of trial, which may make evidence
32.28 	described in subdivision 3 admissible, the accused may make an
32.29 	offer of proof pursuant to clause (a) and the court shall order
32.30 	an in camera hearing to determine whether the proposed evidence
32.31 	is admissible by the standards herein.
32.32 	Subd. 5.  In a prosecution under sections 609.109or ,
32.33 	609.342 to 609.3451, or 609.3453, the court shall not instruct
32.34 	the jury to the effect that:
32.35 	(a) It may be inferred that a victim who has previously
32.36 	consented to sexual intercourse with persons other than the
33.1 	accused would be therefore more likely to consent to sexual
33.2 	intercourse again; or
33.3 	(b) The victim's previous or subsequent sexual conduct in
33.4 	and of itself may be considered in determining the credibility
33.5 	of the victim; or
33.6 	(c) Criminal sexual conduct is a crime easily charged by a
33.7 	victim but very difficult to disprove by an accused because of
33.8 	the heinous nature of the crime; or
33.9 	(d) The jury should scrutinize the testimony of the victim
33.10 	any more closely than it should scrutinize the testimony of any
33.11 	witness in any felony prosecution.
33.12 	Subd. 6.  (a) In a prosecution under sections 609.109or ,
33.13 	609.342 to 609.3451, or 609.3453,involving a psychotherapist
33.14 	and patient, evidence of the patient's personal or medical
33.15 	history is not admissible except when:
33.16 	(1) the accused requests a hearing at least three business
33.17 	days prior to trial and makes an offer of proof of the relevancy
33.18 	of the history; and
33.19 	(2) the court finds that the history is relevant and that
33.20 	the probative value of the history outweighs its prejudicial
33.21 	value.
33.22 	(b) The court shall allow the admission only of specific
33.23 	information or examples of conduct of the victim that are
33.24 	determined by the court to be relevant.  The court's order shall
33.25 	detail the information or conduct that is admissible and no
33.26 	other evidence of the history may be introduced.
33.27 	(c) Violation of the terms of the order is grounds for
33.28 	mistrial but does not prevent the retrial of the accused.
33.29 		Subd. 7.Effect of statute on rules. Rule 412 of the
33.30 	Rules of Evidence is superseded to the extent of its conflict
33.31 	with this section.
33.32 	
EFFECTIVE DATE. This section is effective August 1, 2005,
33.33 	and applies to crimes committed on or after that date.

33.34 	Sec. 12. Minnesota Statutes 2004, section 609.3471, is
33.35 	amended to read:
33.36 	609.3471 RECORDS PERTAINING TO VICTIM IDENTITY
34.1 	CONFIDENTIAL.
34.2 	Notwithstanding any provision of law to the contrary, no
34.3 	data contained in records or reports relating to petitions,
34.4 	complaints, or indictments issued pursuant to section 609.342;,
34.5 	609.343;,609.344; or ,609.345, or 609.3453,which
34.6 	specifically identifies a victim who is a minor shall be
34.7 	accessible to the public, except by order of the court.  Nothing
34.8 	in this section authorizes denial of access to any other data
34.9 	contained in the records or reports, including the identity of
34.10 	the defendant.

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

34.13 	Sec. 13. Minnesota Statutes 2004, section 609.348, is
34.14 	amended to read:
34.15 	609.348 MEDICAL PURPOSES; EXCLUSION.
34.16 	Sections 609.109and ,609.342 to 609.3451, and 609.3453do
34.17 	not apply to sexual penetration or sexual contact when done for
34.18 	a bona fide medical purpose.

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

34.21 	Sec. 14. Minnesota Statutes 2004, section 609.353, is
34.22 	amended to read:
34.23 	609.353 JURISDICTION.
34.24 	A violation or attempted violation of section 609.342,
34.25 	609.343, 609.344, 609.345, 609.3451, 609.3453,or 609.352 may be
34.26 	prosecuted in any jurisdiction in which the violation originates
34.27 	or terminates.

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

34.30 	Sec. 15. Minnesota Statutes 2004, section 631.045, is
34.31 	amended to read:
34.32 	631.045 EXCLUDING SPECTATORS FROM THE COURTROOM.
34.33 	At the trial of a complaint or indictment for a violation
34.34 	of sections 609.109, 609.341 to 609.3451, 609.3453,or 617.246,
34.35 	subdivision 2, when a minor under 18 years of age is the person
34.36 	upon, with, or against whom the crime is alleged to have been
35.1 	committed, the judge may exclude the public from the courtroom
35.2 	during the victim's testimony or during all or part of the
35.3 	remainder of the trial upon a showing that closure is necessary
35.4 	to protect a witness or ensure fairness in the trial.  The judge
35.5 	shall give the prosecutor, defendant and members of the public
35.6 	the opportunity to object to the closure before a closure order.
35.7 	The judge shall specify the reasons for closure in an order
35.8 	closing all or part of the trial.  Upon closure the judge shall
35.9 	only admit persons who have a direct interest in the case.

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

35.12 	Sec. 16. REVISOR INSTRUCTION.
 35.13 	(a) The revisor of statutes shall renumber Minnesota
35.14 	Statutes, section 609.3452, as Minnesota Statutes, section
35.15 	609.3457, and correct cross-references.  In addition, the
35.16 	revisor shall delete the reference in Minnesota Statutes,
35.17 	section 13.871, subdivision 3, paragraph (d), to Minnesota
35.18 	Statutes, section 609.3452, and insert a reference to Minnesota
35.19 	Statutes, section 609.3457.  The revisor shall include a
35.20 	notation in Minnesota Statutes to inform readers of the statutes
35.21 	of the renumbering of section 609.3457.
35.22 	(b) In addition to the specific changes described in
35.23 	paragraph (a), the revisor of statutes shall make other
35.24 	technical changes necessitated by this act.