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Office of the Revisor of Statutes

SF 1325 Senate Long Description

Relating to public safety

ARTICLE 1 - SEX OFFENDERS; LIFE WITHOUT RELEASE SENTENCES FOR CERTAIN SEX OFFENSES; INDETERMINATE LIFE SENTENCES FOR OTHER SEX OFFENSES; INCREASED STATUTORY MAXIMUMS; DIRECTION TO SENTENCING GUIDELINES COMMISSION

Increasing criminal sentences for sex offenders; redefining predatory crime and defining sex offense and subsequent sex offense; requiring a sentence of life without release for certain egregious first degree criminal sexual conduct offenses and requiring indeterminate life sentences for certain lesser offenses; increasing the statutory maximum sentence for sex offenses and requiring certain minimum terms; defining the crime of criminal sexual predatory conduct, penalty; requiring the sentencing guidelines commission to modify the sentencing guidelines to reflect the changes

ARTICLE 2 - MINNESOTA SEX OFFENDER REVIEW BOARD

Establishing the Minnesota sex offender review board to make decisions relating to the release of inmates sentenced to life sentences; requiring and providing for the commissioner of corrections to establish criteria and procedures for the board, requiring a report to the legislature by a certain date; granting the board access to certain data and excepting the board from the open meeting law

ARTICLE 3 - SEX OFFENDERS: TECHNICAL AND CONFORMING CHANGES

Making conforming amendments to certain statutory provisions relating to predatory offender registration, intensive supervised release, civil commitment, presumptive executed sentences, previous sex offense convictions, DNA analysis requirements, evidence, victim identity records, the medical purpose exclusion, prosecution venue and spectators exclusion from the courtroom; specifying certain renumbering and cross reference correction instructions to the revisor of statutes

ARTICLE 4 - MISCELLANEOUS PROVISIONS

Prohibiting the reclassification of criminal history information classified as public data as confidential medical data upon inclusion in patient health records; authorizing copayments for residential and outpatient sex offender programs; defining or redefining certain terms relating to crimes for civil commitment purposes; requiring county attorney notice to crime victims upon the filing of commitment petitions for mentally ill and dangerous persons, persons with sexual psychopathic personalities or sexually dangerous persons and upon request upon release from commitment by the head of the treatment facility and requiring victim statements consideration in commitment proceedings; expanding the crime of escape from custody to escapes during pass status or provisional discharge from commitment; increasing the penalty for indecent exposure in the presence of an unaccompanied minor; requesting the supreme court to establish a task force to study the use of the court system as an alternative to the administrative process of the special review board for reductions in custody and discharge from commitment of persons committed as sexually dangerous persons or sexual psychopathic personalities, specifying certain membership requirements and requiring a report to the legislature by a certain date

ARTICLE 5 - PREDATORY OFFENDER REGISTRY

Removing the authority of persons required to inform health care facilities of status as a registered sex offender and failing to do so from eligibility to rely on the procedure for hearing appeals on resident transfers and discharges by licensed nursing or boarding care homes; requiring and providing for sex offender registration of offenders without a primary address, persons from other states and persons released from federal facilities and recodifying registration requirements for others, specifying certain end of confinement review committee risk level assignment requirements; requiring and providing for in person contact with law enforcement authorities for certain sex offenders no longer under correctional supervision for a registration offense residing, working or attending school in the state and strengthening certain registration enforcement provisions; requiring disclosure of registration status upon admittance to health care facilities; requiring lifetime conditional release for certain sex offenders; requiriing and providing for bureau of criminal apprehension (BCA) notice to the commissioner of corrections and law enforcement jurisdictions relating to arrival in the state of sex offenders from out of state, requiring commissioner determination of parole or supervised or conditional release status of persons referred; expanding the predatory offender registration law to persons convicted of assault in the fourth degree; requiring opinions of the commissioner relating to commitment of released sex offenders to be based on recommendations of a department screening committee and legal review and recommendations from the office of the attorney general; expanding child maltreatment reporting requirements to probation and correctional services; specifying certain reference change instructions to the revisor of statutes

ARTICLE 6 - HUMAN SERVICES ACCESS TO PREDATORY OFFENDER REGISTRY

Authorizing use of sex offender registration information for human services and corrections purposes; expanding the authority of the commissioner of human services relating to access to records of patients and residents receiving state operated services, duties; limiting the use of bloodborne pathogen test results; expanding certain release on pass restrictions for persons committed as mentally ill and dangerous to persons transferred out of state operated services facilities and requiring notice of pass releases to local law enforcement agencies; requiring vulnerable adult abuse prevention plans of nursing facilities to contain an assessment of the potential risks posed by the person to other patients and to staff

ARTICLE 7 - HUMAN SERVICES BACKGROUND STUDIES

Expanding human services background study requirements to prospective employees or contractors with direct contact with persons served by the facility, agency or program; modifying and expanding permanent human services license disqualification requirements and expanding disqualification notice and certain reconsideration information requirements; classifying certain disqualification set aside data; modifying certain commissioner disqualification rescission or set aside notice requirements; expanding and modifying bars to disqualification set asides and modifying certain variance conditions; increasing the retention period for data from substantiated vulnerable adult maltreatment reports

ARTICLE 8 - SEX OFFENDER POLICY BOARD

Establishing a sex offender policy board to develop professional standards for treatment of sex offenders and to service in an advisory capacity to the governor, specifying certain reporting requirements
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