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 and certain repeat
1.5 	sex offenses; creating the crime of criminal sexual
1.6 	predatory conduct; modifying the patterned sex
1.7 	offender sentencing law; increasing conditional
1.8 	release periods for sex offenders and providing for
1.9 	intensive supervision for these offenders; requiring
1.10 	predatory offender registration for offenders without
1.11 	primary addresses; providing for community
1.12 	notification for out-of-state offenders; changing
1.13 	other provisions of the predatory offender
1.14 	registration and community notification laws;
1.15 	authorizing the use of polygraphs for sex offenders
1.16 	under community supervision and providing for a
1.17 	protocol on their use; implementing the
1.18 	recommendations of the legislative auditor regarding
1.19 	sex offender supervision; making necessary technical
1.20 	and conforming statutory changes; requiring reports;
1.21 	providing criminal penalties; amending Minnesota
1.22 	Statutes 2004, sections 14.03, subdivision 3; 241.06;
1.23 	241.67, subdivisions 7, 8; 243.166; 243.167; 244.04,
1.24 	subdivision 1; 244.05, subdivisions 2, 4, 5, 6, 7;
1.25 	244.052, subdivisions 3, 4, by adding a subdivision;
1.26 	244.10, subdivision 2a; 253B.18, subdivision 5, by
1.27 	adding a subdivision; 609.108, subdivisions 1, 3, 4,
1.28 	6; 609.109, subdivisions 2, 5; 609.117, subdivisions
1.29 	1, 2; 609.1351; 609.341, by adding a subdivision;
1.30 	609.342, subdivisions 2, 3; 609.343, subdivisions 2,
1.31 	3; 609.344, subdivisions 2, 3; 609.345, subdivisions
1.32 	2, 3; 609.3452, subdivision 1; 609.347; 609.3471;
1.33 	609.348; 609.353; 626.556, subdivision 3; 631.045;
1.34 	proposing coding for new law in Minnesota Statutes,
1.35 	chapters 243; 244; 609; repealing Minnesota Statutes
1.36 	2004, sections 243.166, subdivisions 1, 8; 609.108,
1.37 	subdivision 2; 609.109, subdivision 7.
1.38 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.39 	ARTICLE 1
1.40 	SEX OFFENDERS:
1.41 	MANDATORY LIFE SENTENCES FOR CERTAIN EGREGIOUS AND
2.1 	REPEAT SEX OFFENSES; CONDITIONAL RELEASE;
2.2 	OTHER SENTENCING CHANGES

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

2.20 	Sec. 2. Minnesota Statutes 2004, section 244.04,
2.21 	subdivision 1, is amended to read:
2.22 		Subdivision 1.Reduction of sentence; inmates sentenced
2.23 	for crimes committed before 1993.  Notwithstanding the
2.24 	provisions of section 609.11, subdivision 6, and section
2.25 	609.109, subdivision 1, the term of imprisonment of any inmate
2.26 	sentenced to a presumptive fixed sentence after May 1, 1980, and
2.27 	whose crime was committed before August 1, 1993, shall be
2.28 	reduced in duration by one day for each two days during which
2.29 	the inmate violates none of the disciplinary offense rules
2.30 	promulgated by the commissioner.  The reduction shall accrue to
2.31 	the period of supervised release to be served by the inmate,
2.32 	except that the period of supervised release for a sex offender
2.33 	sentenced and conditionally released by the commissioner under
2.34 	section 609.108, subdivision 5,609.3455 is governed by that
2.35 	provision.
2.36 	Except as otherwise provided in subdivision 2, if an inmate
3.1 	whose crime was committed before August 1, 1993, violates a
3.2 	disciplinary offense rule promulgated by the commissioner, good
3.3 	time earned prior to the violation may not be taken away, but
3.4 	the inmate may be required to serve an appropriate portion of
3.5 	the term of imprisonment after the violation without earning
3.6 	good time.
3.7 	
EFFECTIVE DATE. This section is effective August 1, 2005.

3.8 	Sec. 3. Minnesota Statutes 2004, section 244.05,
3.9 	subdivision 2, is amended to read:
3.10 		Subd. 2.Rules.  The commissioner of corrections shall
3.11 	adopt by rule standards and procedures for the revocation of
3.12 	supervised or conditional release, and shall specify the period
3.13 	of revocation for each violation of supervised release.
3.14 	Procedures for the revocation of supervised release shall
3.15 	provide due process of law for the inmate.
3.16 	
EFFECTIVE DATE. This section is effective August 1, 2005,
3.17 	and applies to crimes committed on or after that date.

3.18 	Sec. 4. Minnesota Statutes 2004, section 244.05,
3.19 	subdivision 4, is amended to read:
3.20 		Subd. 4.Minimum imprisonment, life sentence.  An inmate
3.21 	serving a mandatory life sentence under section 609.106 must not
3.22 	be given supervised release under this section.  An inmate
3.23 	serving a mandatory life sentence under section 609.185, clause
3.24 	(1), (3), (5), or (6); or 609.109, subdivision 2a 3, must not be
3.25 	given supervised release under this section without having
3.26 	served a minimum term of 30 years.  An inmate serving a
3.27 	mandatory life sentence under section 609.385 must not be given
3.28 	supervised release under this section without having served a
3.29 	minimum term of imprisonment of 17 years. An inmate serving a
3.30 	mandatory life sentence under section 609.342, subdivision 2,
3.31 	paragraph (b), or 609.3455 must not be given supervised release
3.32 	under this section without having served the minimum term of
3.33 	imprisonment specified by the court in its sentence.
3.34 	
EFFECTIVE DATE. This section is effective August 1, 2005,
3.35 	and applies to crimes committed on or after that date.

3.36 	Sec. 5. Minnesota Statutes 2004, section 244.05,
4.1 	subdivision 5, is amended to read:
4.2 		Subd. 5.Supervised release, life sentence.  (a) The
4.3 	commissioner of corrections may, under rules promulgated by the
4.4 	commissioner, give supervised release to an inmate serving a
4.5 	mandatory life sentence under section 609.185, clause (1), (3),
4.6 	(5), or (6); 609.109, subdivision 2a 3; 609.342, subdivision 2,
4.7 	paragraph (b); 609.3455;or 609.385 after the inmate has served
4.8 	the minimum term of imprisonment specified in subdivision 4.
4.9 	(b) The commissioner shall require the preparation of a
4.10 	community investigation report and shall consider the findings
4.11 	of the report when making a supervised release decision under
4.12 	this subdivision.  The report shall reflect the sentiment of the
4.13 	various elements of the community toward the inmate, both at the
4.14 	time of the offense and at the present time.  The report shall
4.15 	include the views of the sentencing judge, the prosecutor, any
4.16 	law enforcement personnel who may have been involved in the
4.17 	case, and any successors to these individuals who may have
4.18 	information relevant to the supervised release decision.  The
4.19 	report shall also include the views of the victim and the
4.20 	victim's family unless the victim or the victim's family chooses
4.21 	not to participate.
4.22 	(c) The commissioner shall make reasonable efforts to
4.23 	notify the victim, in advance, of the time and place of the
4.24 	inmate's supervised release review hearing.  The victim has a
4.25 	right to submit an oral or written statement at the review
4.26 	hearing.  The statement may summarize the harm suffered by the
4.27 	victim as a result of the crime and give the victim's
4.28 	recommendation on whether the inmate should be given supervised
4.29 	release at this time.  The commissioner must consider the
4.30 	victim's statement when making the supervised release decision.
4.31 	(d) When considering whether to give supervised release to
4.32 	an inmate serving a life sentence under section 609.342,
4.33 	subdivision 2, paragraph (b), or 609.3455, the commissioner
4.34 	shall consider, at a minimum, the following:  the risk the
4.35 	inmate poses to the community if released, the inmate's progress
4.36 	in treatment, the inmate's behavior while incarcerated,
5.1 	psychological or other diagnostic evaluations of the inmate, the
5.2 	inmate's criminal history, and any other relevant conduct of the
5.3 	inmate while incarcerated or before incarceration.  However, the
5.4 	commissioner may not give supervised release to the inmate
5.5 	unless:
5.6 	(1) while in prison, the inmate has successfully completed
5.7 	appropriate sex offender treatment;
5.8 	(2) while in prison, the inmate has been assessed for
5.9 	chemical dependency needs and, if appropriate, has successfully
5.10 	completed chemical dependency treatment;
5.11 	(3) while in prison, the inmate has been assessed for
5.12 	mental health needs and, if appropriate, has successfully
5.13 	completed mental health treatment; and 
5.14 	(4) a comprehensive individual release plan is in place for
5.15 	the inmate that ensures that, after release, the inmate will
5.16 	have suitable housing and receive appropriate aftercare and
5.17 	community-based treatment, and includes a postprison employment
5.18 	or education plan for the inmate.
5.19 	(e) As used in this subdivision, "victim" means the
5.20 	individual who suffered harm as a result of the inmate's crime
5.21 	or, if the individual is deceased, the deceased's surviving
5.22 	spouse or next of kin.
5.23 	
EFFECTIVE DATE. This section is effective August 1, 2005,
5.24 	and applies to crimes committed on or after that date.

5.25 	Sec. 6. Minnesota Statutes 2004, section 244.05,
5.26 	subdivision 6, is amended to read:
5.27 		Subd. 6.Intensive supervised release.  The commissioner
5.28 	may order that an inmate be placed on intensive supervised
5.29 	release for all or part of the inmate's supervised release or
5.30 	parole term if the commissioner determines that the action will
5.31 	further the goals described in section 244.14, subdivision 1,
5.32 	clauses (2), (3), and (4). In addition, the commissioner may
5.33 	order that an inmate be placed on intensive supervised release
5.34 	for all of the inmate's conditional or supervised release term
5.35 	if the inmate was convicted of a sex offense under sections
5.36 	609.342 to 609.345 or was sentenced under the provisions of
6.1 	section 609.108.The commissioner may impose appropriate
6.2 	conditions of release on the inmate including but not limited to
6.3 	unannounced searches of the inmate's person, vehicle, or
6.4 	premises by an intensive supervision agent; compliance with
6.5 	court-ordered restitution, if any; random drug testing; house
6.6 	arrest; daily curfews; frequent face-to-face contacts with an
6.7 	assigned intensive supervision agent; work, education, or
6.8 	treatment requirements; and electronic surveillance. In
6.9 	addition, any sex offender placed on intensive supervised
6.10 	release may be ordered to participate in an appropriate sex
6.11 	offender program as a condition of release.If the inmate
6.12 	violates the conditions of the intensive supervised release, the
6.13 	commissioner shall impose sanctions as provided in subdivision 3
6.14 	and section 609.108.
6.15 	
EFFECTIVE DATE. This section is effective August 1, 2005,
6.16 	and applies to crimes committed on or after that date.

6.17 	Sec. 7. Minnesota Statutes 2004, section 609.108,
6.18 	subdivision 1, is amended to read:
6.19 		Subdivision 1.Mandatory increased sentence. (a) A court
6.20 	shall commit a person to the commissioner of corrections for a
6.21 	period of time that is not less than double the presumptive
6.22 	sentence under the Sentencing Guidelines and not more than the
6.23 	statutory maximum, or if the statutory maximum is less than
6.24 	double the presumptive sentence, for a period of time that is
6.25 	equal to the statutory maximum, if:
6.26 	(1) the court is imposing an executed sentence, based on a
6.27 	Sentencing Guidelines presumptive imprisonment sentence or a
6.28 	dispositional departure for aggravating circumstances or a
6.29 	mandatory minimum sentence,on a person convicted of committing
6.30 	or attempting to commit a violation of section 609.342, 609.343,
6.31 	609.344, or 609.345, or on a person convicted of committing or
6.32 	attempting to commit any other crime listed in subdivision 3 if
6.33 	it reasonably appears to the court that the crime was motivated
6.34 	by the offender's sexual impulses or was part of a predatory
6.35 	pattern of behavior that had criminal sexual conduct as its goal 
6.36 	609.3453;
7.1 	(2) the court finds fact finder determines that the
7.2 	offender is a danger to public safety; and
7.3 	(3) the court finds fact finder determines that the
7.4 	offender needs long-term treatment or supervision offender's
7.5 	criminal sexual behavior is so engrained that the risk of
7.6 	reoffending is great without intensive psychotherapeutic
7.7 	intervention or other long-term treatment or supervision
7.8 	extending beyond the presumptive term of imprisonment and
7.9 	supervised release. The finding must be based on a professional
7.10 	assessment by an examiner experienced in evaluating sex
7.11 	offenders that concludes that the offender is a patterned sex
7.12 	offender.  The assessment must contain the facts upon which the
7.13 	conclusion is based, with reference to the offense history of
7.14 	the offender or the severity of the current offense, the social
7.15 	history of the offender, and the results of an examination of
7.16 	the offender's mental status unless the offender refuses to be
7.17 	examined.  The conclusion may not be based on testing alone.  A
7.18 	patterned sex offender is one whose criminal sexual behavior is
7.19 	so engrained that the risk of reoffending is great without
7.20 	intensive psychotherapeutic intervention or other long-term
7.21 	controls.
7.22 	(b) The court shall consider imposing a sentence under this
7.23 	section whenever a person is convicted of violating section
7.24 	609.342 or 609.343.
7.25 	
EFFECTIVE DATE. This section is effective August 1, 2005,
7.26 	and applies to crimes committed on or after that date.

7.27 	Sec. 8. Minnesota Statutes 2004, section 609.108,
7.28 	subdivision 3, is amended to read:
7.29 		Subd. 3.Predatory crime. A predatory crime is a felony
7.30 	violation of section 609.185, 609.19, 609.195, 609.20, 609.205,
7.31 	609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255,
7.32 	609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561,
7.33 	or 609.582, subdivision 1.As used in this section, "predatory
7.34 	crime" has the meaning given in section 609.341, subdivision 22.
7.35 	
EFFECTIVE DATE. This section is effective August 1, 2005,
7.36 	and applies to crimes committed on or after that date.

8.1 	Sec. 9. Minnesota Statutes 2004, section 609.108,
8.2 	subdivision 4, is amended to read:
8.3 		Subd. 4.Danger to public safety.  The court shall base
8.4 	its finding fact finder shall base its determination that the
8.5 	offender is a danger to public safety on any of the following
8.6 	factors:
8.7 	(1) the crime involved an aggravating factor that would
8.8 	justify a durational departure from the presumptive sentence
8.9 	under the Sentencing Guidelines;
8.10 	(2) the offender previously committed or attempted to
8.11 	commit a predatory crime or a violation of section 609.224 or
8.12 	609.2242, including:
8.13 	(i) an offense committed as a juvenile that would have been
8.14 	a predatory crime or a violation of section 609.224 or 609.2242
8.15 	if committed by an adult; or
8.16 	(ii) a violation or attempted violation of a similar law of
8.17 	any other state or the United States; or
8.18 	(3) the offender planned or prepared for the crime prior to
8.19 	its commission.
8.20 	
EFFECTIVE DATE. This section is effective August 1, 2005,
8.21 	and applies to crimes committed on or after that date.

8.22 	Sec. 10. Minnesota Statutes 2004, section 609.108,
8.23 	subdivision 6, is amended to read:
8.24 		Subd. 6.Conditional release.  At the time of sentencing
8.25 	under subdivision 1, the court shall provide that after the
8.26 	offender has completed the sentence imposed, less any good time
8.27 	earned by an offender whose crime was committed before August 1,
8.28 	1993, the commissioner of corrections shall place the offender
8.29 	on conditional release for the remainder of the statutory
8.30 	maximum period, or for ten years, whichever is longer. The
8.31 	terms of conditional release are governed by section 609.3455.
8.32 	The conditions of release may include successful completion
8.33 	of treatment and aftercare in a program approved by the
8.34 	commissioner, satisfaction of the release conditions specified
8.35 	in section 244.05, subdivision 6, and any other conditions the
8.36 	commissioner considers appropriate.  Before the offender is
9.1 	released, the commissioner shall notify the sentencing court,
9.2 	the prosecutor in the jurisdiction where the offender was
9.3 	sentenced, and the victim of the offender's crime, where
9.4 	available, of the terms of the offender's conditional release.
9.5 	If the offender fails to meet any condition of release, the
9.6 	commissioner may revoke the offender's conditional release and
9.7 	order that the offender serve all or a part of the remaining
9.8 	portion of the conditional release term in prison.  The
9.9 	commissioner shall not dismiss the offender from supervision
9.10 	before the conditional release term expires.
9.11 	Conditional release granted under this subdivision is
9.12 	governed by provisions relating to supervised release, except as
9.13 	otherwise provided in this subdivision, section 244.04,
9.14 	subdivision 1, or 244.05.
9.15 	
EFFECTIVE DATE. This section is effective August 1, 2005,
9.16 	and applies to crimes committed on or after that date.

9.17 	Sec. 11. Minnesota Statutes 2004, section 609.341, is
9.18 	amended by adding a subdivision to read:
9.19 		Subd. 22.Predatory crime. "Predatory crime" means a
9.20 	felony violation of section 609.185, 609.19, 609.195, 609.20,
9.21 	609.205, 609.221, 609.222, 609.223, 609.24, 609.245, 609.25,
9.22 	609.255, 609.498, 609.561, or 609.582, subdivision 1.
9.23 	
EFFECTIVE DATE. This section is effective August 1, 2005,
9.24 	and applies to crimes committed on or after that date.

9.25 	Sec. 12. Minnesota Statutes 2004, section 609.342,
9.26 	subdivision 2, is amended to read:
9.27 		Subd. 2.Penalty.  (a) Except as otherwise provided
9.28 	in paragraph (b);section 609.109; or 609.3455, a person
9.29 	convicted under subdivision 1 may be sentenced to imprisonment
9.30 	for not more than 30 years or to a payment of a fine of not more
9.31 	than $40,000, or both.
9.32 	(b) Unless a longer mandatory minimum sentence is otherwise
9.33 	required by law or the Sentencing Guidelines provide for a
9.34 	longer presumptive executed sentence, the court shall presume
9.35 	that an executed sentence of 144 months must be imposed on an
9.36 	offender convicted of violating this section.  Sentencing a
10.1 	person in a manner other than that described in this paragraph
10.2 	is a departure from the Sentencing Guidelines.
10.3 	(b) The court shall sentence a person to imprisonment for
10.4 	life if the person is convicted under subdivision 1, clause (c),
10.5 	(d), (e), (f), or (h), and the fact finder determines beyond a
10.6 	reasonable doubt that any of the following circumstances exist:
10.7 	(1) the offender tortured the complainant;
10.8 	(2) the offender intentionally inflicted great bodily harm
10.9 	upon the complainant;
10.10 	(3) the offender intentionally mutilated the complainant;
10.11 	or 
10.12 	(4) the offender exposed the complainant to extreme
10.13 	inhumane conditions.
10.14 	When sentencing an offender under this paragraph, the court
10.15 	shall specify a minimum term of imprisonment, based on the
10.16 	sentencing guidelines or any applicable mandatory minimum
10.17 	sentence, that must be served before the offender may be
10.18 	considered for supervised release.
10.19 	(c) As used in this subdivision:
10.20 	(1) "extreme inhumane conditions" means situations where,
10.21 	either before or after the sexual penetration, the offender
10.22 	knowingly causes or permits the complainant to be placed in a
10.23 	situation likely to cause the complainant severe ongoing mental,
10.24 	emotional, or psychological harm, or causes the complainant's
10.25 	death;
10.26 	(2) "mutilation" means the intentional infliction of
10.27 	physical abuse designed to cause serious permanent disfigurement
10.28 	or permanent or protracted loss or impairment of the functions
10.29 	of any bodily member or organ, where the offender relishes the
10.30 	infliction of the abuse, evidencing debasement or perversion;
10.31 	and 
10.32 	(3) "torture" means the intentional infliction of extreme
10.33 	mental anguish, or extreme psychological or physical abuse, when
10.34 	committed in an especially depraved manner.
10.35 	(d) In addition to the sentence imposed under paragraph (a)
10.36 	or (b), the person may also be sentenced to the payment of a
11.1 	fine of not more than $40,000.
11.2 	(e) Notwithstanding the statutory maximum sentence
11.3 	described in paragraph (a) or (b), the person is also subject to
11.4 	conditional release as provided in section 609.3455.
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. 13. Minnesota Statutes 2004, section 609.342,
11.8 	subdivision 3, is amended to read:
11.9 		Subd. 3.Stay.  Except when imprisonment is required
11.10 	under section 609.109or 609.3455, if a person is convicted
11.11 	under subdivision 1, clause (g), the court may stay imposition
11.12 	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. 14. Minnesota Statutes 2004, section 609.343,
11.29 	subdivision 2, is amended to read:
11.30 		Subd. 2.Penalty.  (a) Except as otherwise provided in
11.31 	section 609.109or 609.3455, a person convicted under
11.32 	subdivision 1 may be sentenced to imprisonment for not more than
11.33 	25 years or to a payment of a fine of not more than $35,000, or
11.34 	both.
11.35 	(b) Unless a longer mandatory minimum sentence is otherwise
11.36 	required by law or the Sentencing Guidelines provide for a
12.1 	longer presumptive executed sentence, the court shall presume
12.2 	that an executed sentence of 90 months must be imposed on an
12.3 	offender convicted of violating subdivision 1, clause (c), (d),
12.4 	(e), (f), or (h).  Sentencing a person in a manner other than
12.5 	that described in this paragraph is a departure from the
12.6 	Sentencing Guidelines.
12.7 	(c) Notwithstanding the statutory maximum sentence
12.8 	described in paragraph (a), the person is also subject to
12.9 	conditional release as provided in section 609.3455.
12.10 	
EFFECTIVE DATE. This section is effective August 1, 2005,
12.11 	and applies to crimes committed on or after that date.

12.12 	Sec. 15. Minnesota Statutes 2004, section 609.343,
12.13 	subdivision 3, is amended to read:
12.14 		Subd. 3.Stay.  Except when imprisonment is required
12.15 	under section 609.109or 609.3455, if a person is convicted
12.16 	under subdivision 1, clause (g), the court may stay imposition
12.17 	or execution of the sentence if it finds that:
12.18 	(a) a stay is in the best interest of the complainant or
12.19 	the family unit; and
12.20 	(b) a professional assessment indicates that the offender
12.21 	has been accepted by and can respond to a treatment program.
12.22 	If the court stays imposition or execution of sentence, it
12.23 	shall include the following as conditions of probation:
12.24 	(1) incarceration in a local jail or workhouse;
12.25 	(2) a requirement that the offender complete a treatment
12.26 	program; and
12.27 	(3) a requirement that the offender have no unsupervised
12.28 	contact with the complainant until the offender has successfully
12.29 	completed the treatment program unless approved by the treatment
12.30 	program and the supervising correctional agent.
12.31 	
EFFECTIVE DATE. This section is effective August 1, 2005,
12.32 	and applies to crimes committed on or after that date.

12.33 	Sec. 16. Minnesota Statutes 2004, section 609.344,
12.34 	subdivision 2, is amended to read:
12.35 		Subd. 2.Penalty. Except as otherwise provided in
12.36 	section 609.3455,a person convicted under subdivision 1 may be
13.1 	sentenced to imprisonment for not more than 15 years or to a
13.2 	payment of a fine of not more than $30,000, or
13.3 	both. Notwithstanding this statutory maximum sentence, the
13.4 	person is also subject to conditional release as provided in
13.5 	section 609.3455.
13.6 	
EFFECTIVE DATE. This section is effective August 1, 2005,
13.7 	and applies to crimes committed on or after that date.

13.8 	Sec. 17. Minnesota Statutes 2004, section 609.344,
13.9 	subdivision 3, is amended to read:
13.10 		Subd. 3.Stay.  Except when imprisonment is required
13.11 	under section 609.109or 609.3455, if a person is convicted
13.12 	under subdivision 1, clause (f), the court may stay imposition
13.13 	or execution of the sentence if it finds that:
13.14 	(a) a stay is in the best interest of the complainant or
13.15 	the family unit; and
13.16 	(b) a professional assessment indicates that the offender
13.17 	has been accepted by and can respond to a treatment program.
13.18 	If the court stays imposition or execution of sentence, it
13.19 	shall include the following as conditions of probation:
13.20 	(1) incarceration in a local jail or workhouse;
13.21 	(2) a requirement that the offender complete a treatment
13.22 	program; and
13.23 	(3) a requirement that the offender have no unsupervised
13.24 	contact with the complainant until the offender has successfully
13.25 	completed the treatment program unless approved by the treatment
13.26 	program and the supervising correctional agent.
13.27 	
EFFECTIVE DATE. This section is effective August 1, 2005,
13.28 	and applies to crimes committed on or after that date.

13.29 	Sec. 18. Minnesota Statutes 2004, section 609.345,
13.30 	subdivision 2, is amended to read:
13.31 		Subd. 2.Penalty. Except as otherwise provided in
13.32 	section 609.3455,a person convicted under subdivision 1 may be
13.33 	sentenced to imprisonment for not more than ten years or to a
13.34 	payment of a fine of not more than $20,000, or
13.35 	both. Notwithstanding this statutory maximum sentence, the
13.36 	person is also subject to conditional release as provided in
14.1 	section 609.3455.
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. 19. Minnesota Statutes 2004, section 609.345,
14.5 	subdivision 3, is amended to read:
14.6 		Subd. 3.Stay.  Except when imprisonment is required
14.7 	under section 609.109or 609.3455, if a person is convicted
14.8 	under subdivision 1, clause (f), the court may stay imposition
14.9 	or execution of the sentence if it finds that:
14.10 	(a) a stay is in the best interest of the complainant or
14.11 	the family unit; and
14.12 	(b) a professional assessment indicates that the offender
14.13 	has been accepted by and can respond to a treatment program.
14.14 	If the court stays imposition or execution of sentence, it
14.15 	shall include the following as conditions of probation:
14.16 	(1) incarceration in a local jail or workhouse;
14.17 	(2) a requirement that the offender complete a treatment
14.18 	program; and
14.19 	(3) a requirement that the offender have no unsupervised
14.20 	contact with the complainant until the offender has successfully
14.21 	completed the treatment program unless approved by the treatment
14.22 	program and the supervising correctional agent.
14.23 	
EFFECTIVE DATE. This section is effective August 1, 2005,
14.24 	and applies to crimes committed on or after that date.

14.25 	Sec. 20. [609.3453] CRIMINAL SEXUAL PREDATORY CONDUCT.
14.26 		Subdivision 1.Crime defined. A person is guilty of
14.27 	criminal sexual predatory conduct if the person commits a
14.28 	predatory crime that was motivated by the offender's sexual
14.29 	impulses or was part of a predatory pattern of behavior that had
14.30 	criminal sexual conduct as its goal.
14.31 		Subd. 2.Penalty. (a) Except as provided in section
14.32 	609.3455, the statutory maximum sentence for a violation of
14.33 	subdivision 1 is:  (1) 25 percent longer than for the underlying
14.34 	predatory crime; or (2) 50 percent longer than for the
14.35 	underlying predatory crime, if the violation is committed by a
14.36 	person with a previous sex offense conviction, as defined in
15.1 	section 609.3455, subdivision 1.
15.2 	(b) In addition to the sentence imposed under paragraph
15.3 	(a), the person may also be sentenced to the payment of a fine
15.4 	of not more than $20,000.
15.5 	(c) Notwithstanding the statutory maximum sentence
15.6 	described in paragraph (a), the person is also subject to
15.7 	conditional release as provided in section 609.3455.
15.8 	
EFFECTIVE DATE. This section is effective August 1, 2005,
15.9 	and applies to crimes committed on or after that date.

15.10 	Sec. 21. [609.3455] DANGEROUS SEX OFFENDERS; LIFE
15.11 	SENTENCES; CONDITIONAL RELEASE.
15.12 		Subdivision 1.Definitions. (a) As used in this section,
15.13 	the following terms have the meanings given.
15.14 	(b) "Conviction" includes a conviction as an extended
15.15 	jurisdiction juvenile under section 260B.130 for a violation of,
15.16 	or an attempt to violate, section 609.342, 609.343, 609.344, or
15.17 	609.3453.
15.18 	(c) A conviction is considered a "previous sex offense
15.19 	conviction" if the offender was convicted and sentenced for a
15.20 	sex offense before the commission of the present offense.
15.21 	(d) A conviction is considered a "prior sex offense
15.22 	conviction" if the offender was convicted of committing a sex
15.23 	offense before the offender has been convicted of the present
15.24 	offense, regardless of whether the offender was convicted for
15.25 	the first offense before the commission of the present offense,
15.26 	and the convictions involved separate behavioral incidents.
15.27 	(e) "Sex offense" means any violation of, or attempt to
15.28 	violate, section 609.342, 609.343, 609.344, 609.345, 609.3451,
15.29 	609.3453, or any similar statute of the United States, this
15.30 	state, or any other state.
15.31 	(f) An offender has "two previous sex offense convictions"
15.32 	only if the offender was convicted and sentenced for a sex
15.33 	offense committed after the offender was earlier convicted and
15.34 	sentenced for a sex offense and both convictions preceded the
15.35 	commission of the present offense of conviction.
15.36 		Subd. 2.Mandatory life sentence. (a) Notwithstanding
16.1 	the statutory maximum penalty otherwise applicable to the
16.2 	offense, the court shall sentence an offender to imprisonment
16.3 	for life if the offender is convicted of violating section
16.4 	609.342, 609.343, 609.344, 609.345, or 609.3453 if:
16.5 	(1) the offender has two previous sex offense convictions;
16.6 	(2) the offender has a previous sex offense conviction and:
16.7 	(i) the present offense involved an aggravating factor that
16.8 	would provide grounds for an upward departure under the
16.9 	sentencing guidelines other than the aggravating factor
16.10 	applicable to repeat criminal sexual conduct convictions;
16.11 	(ii) the offender received an upward departure from the
16.12 	sentencing guidelines for the previous sex offense conviction;
16.13 	or 
16.14 	(iii) the offender was sentenced under section 609.108 for
16.15 	the previous sex offense conviction; or 
16.16 	(3) the offender has two prior sex offense convictions, the
16.17 	prior convictions and present offense involved at least three
16.18 	separate victims, and:
16.19 	(i) the present offense involved an aggravating factor that
16.20 	would provide grounds for an upward departure under the
16.21 	sentencing guidelines other than the aggravating factor
16.22 	applicable to repeat criminal sexual conduct convictions;
16.23 	(ii) the offender received an upward departure from the
16.24 	sentencing guidelines for one of the prior sex offense
16.25 	convictions; or 
16.26 	(iii) the offender was sentenced under section 609.108 for
16.27 	one of the prior sex offense convictions.
16.28 	(b) Notwithstanding paragraph (a), a court may not sentence
16.29 	an offender to imprisonment for life under that paragraph for a
16.30 	violation of section 609.345, unless the offender's previous or
16.31 	prior sex offense convictions that are being used as the basis
16.32 	for the sentence are for violations of section 609.342, 609.343,
16.33 	609.344, 609.3453, or any similar statute of the United States,
16.34 	this state, or any other state.
16.35 		Subd. 3.Life sentences; minimum term of
16.36 	imprisonment. At the time of sentencing under subdivision 2,
17.1 	the court shall specify a minimum term of imprisonment, based on
17.2 	the sentencing guidelines or any applicable mandatory minimum
17.3 	sentence, that must be served before the offender may be
17.4 	considered for supervised release.
17.5 		Subd. 4.Mandatory ten-year conditional release term.
 17.6 	Notwithstanding the statutory maximum sentence otherwise
17.7 	applicable to the offense and unless a longer conditional
17.8 	release term is required in subdivision 5, when a court commits
17.9 	an offender to the custody of the commissioner of corrections
17.10 	for a violation of section 609.342, 609.343, 609.344, 609.345,
17.11 	or 609.3453, the court shall provide that, after the offender
17.12 	has completed the sentence imposed, the commissioner shall place
17.13 	the offender on conditional release for ten years, minus the
17.14 	time the offender served on supervised release.
17.15 		Subd. 5.Mandatory lifetime conditional release term. (a)
17.16 	When a court sentences an offender under subdivision 2, the
17.17 	court shall provide that, if the offender is released from
17.18 	prison, the commissioner of corrections shall place the offender
17.19 	on conditional release for the remainder of the offender's life.
17.20 	(b) Notwithstanding the statutory maximum sentence
17.21 	otherwise applicable to the offense, when the court commits an
17.22 	offender to the custody of the commissioner of corrections for a
17.23 	violation of section 609.342, 609.343, 609.344, 609.345, or
17.24 	609.3453, and the offender has a previous or prior sex offense
17.25 	conviction, the court shall provide that, after the offender has
17.26 	completed the sentence imposed, the commissioner shall place the
17.27 	offender on conditional release for the remainder of the
17.28 	offender's life.
17.29 	(c) Notwithstanding paragraph (b), an offender may not be
17.30 	placed on lifetime conditional release under that paragraph for
17.31 	a violation of section 609.345, unless the offender's previous
17.32 	or prior sex offense conviction that is being used as the basis
17.33 	for the placement is for a violation of section 609.342,
17.34 	609.343, 609.344, 609.3453, or any similar statute of the United
17.35 	States, this state, or any other state.
17.36 		Subd. 6.Terms of conditional release; applicable to all
18.1 	sex offenders. (a) The provisions of this subdivision apply to
18.2 	all sex offenders placed on conditional release.  Except as
18.3 	provided in this subdivision, conditional release of sex
18.4 	offenders is governed by provisions relating to supervised
18.5 	release.  The commissioner of corrections may not dismiss an
18.6 	offender on conditional release from supervision until the
18.7 	offender's conditional release term expires.  The agent caseload
18.8 	of corrections agents supervising offenders on conditional
18.9 	release may not exceed the ratio of 30 offenders to two agents.
18.10 	(b) The commissioner of corrections shall impose severe and
18.11 	meaningful sanctions for violating the terms of conditional
18.12 	release, including revocation of release for an offender who:
18.13 	(1) fails to meet any condition of release;
18.14 	(2) commits any misdemeanor, gross misdemeanor, or felony
18.15 	offense; or 
18.16 	(3) presents a risk to the public, based on the offender's
18.17 	behavior, attitude, or abuse of alcohol or controlled substances.
18.18 	The revocation of conditional release is governed by the
18.19 	procedures in the commissioner's rules adopted under section
18.20 	244.05, subdivision 2.  The commissioner may order an offender
18.21 	whose conditional release is revoked to serve any portion of the
18.22 	remaining conditional release term in prison up to and including
18.23 	the entire term.
18.24 	(c) An offender on conditional release shall be required to
18.25 	successfully complete sex offender treatment, chemical
18.26 	dependency and mental health treatment, if appropriate, and
18.27 	aftercare in programs approved by the commissioner of
18.28 	corrections.  An offender shall submit at any time to
18.29 	unannounced searches of the offender's person, vehicle, or
18.30 	premises by a corrections agent.  An offender shall be subjected
18.31 	at least weekly to urinalysis and breath tests to detect the
18.32 	presence of controlled substances or alcohol.  The tests must be
18.33 	random and unannounced.  An offender shall be under house arrest
18.34 	in a residence approved by the offender's corrections agent and
18.35 	may not move to another residence without permission for a
18.36 	period determined by the offender's agent.  Following the house
19.1 	arrest period, the agent shall impose periods of decreasing
19.2 	restrictions on the offender's freedom of movement, including,
19.3 	but not limited to, modified house arrest and daily curfews.
19.4 	However, if the offender's conduct merits, the agent may impose
19.5 	stricter conditions at any time.  An offender may be placed on
19.6 	electronic surveillance at any time if the offender's
19.7 	corrections agent so directs.  The offender's corrections agent
19.8 	shall have at least four face-to-face contacts with the offender
19.9 	each week, including at least one in the offender's home.  The
19.10 	offender shall spend at least 40 hours per week performing
19.11 	approved work, undertaking constructive activity designed to
19.12 	obtain employment, or attending a treatment or education program
19.13 	as directed by the commissioner.  An offender may not spend more
19.14 	than six months in a residential treatment program that does not
19.15 	require the offender to spend at least 40 hours per week
19.16 	performing approved work or undertaking constructive activity
19.17 	designed to obtain employment.  The offender's corrections agent
19.18 	shall make appropriate use of polygraphic examinations when
19.19 	supervising the offender.  If an offender received a restitution
19.20 	order as part of the sentence, the offender shall make weekly
19.21 	payments as scheduled by the offender's corrections agent until
19.22 	the full amount is paid.  The commissioner may include any other
19.23 	conditions on an offender that the commissioner finds necessary
19.24 	and appropriate.
19.25 	(d) Upon the request of an offender's corrections agent,
19.26 	the commissioner of corrections may modify the terms of an
19.27 	offender's conditions of release relating to the frequency of
19.28 	the urinalysis and breath tests and face-to-face contacts with
19.29 	the corrections agent and the minimum hours per week in
19.30 	constructive activities.  The commissioner may order such a
19.31 	modification if the commissioner determines that the offender
19.32 	has complied with these requirements for a substantial period of
19.33 	time, a modification is justified given the circumstances, and
19.34 	public safety will not be compromised.  However, the number of
19.35 	face-to-face contacts may not be reduced to fewer than one per
19.36 	week and one home visit per month.  The commissioner may modify
20.1 	other terms in the same manner as for supervised release.
20.2 	
EFFECTIVE DATE. This section is effective August 1, 2005.
20.3 	Subdivisions 2 to 5 apply to crimes committed on or after that
20.4 	date.  Subdivision 6 applies to offenders on conditional release
20.5 	on or after that date.

20.6 	Sec. 22. REPEALER.
 20.7 	Minnesota Statutes 2004, sections 609.108, subdivision 2;
20.8 	and 609.109, subdivision 7, are repealed.

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

20.11 	ARTICLE 2
20.12 	SEX OFFENDERS:  PREDATORY OFFENDER REGISTRATION;
20.13 	COMMUNITY NOTIFICATION; NONSENTENCING CHANGES

20.14 	Section 1. Minnesota Statutes 2004, section 243.166, is
20.15 	amended to read:
20.16 	243.166 REGISTRATION OF PREDATORY OFFENDERS.
20.17 		Subdivision 1.Registration required. (a) A person shall
20.18 	register under this section if:
20.19 	(1) the person was charged with or petitioned for a felony
20.20 	violation of or attempt to violate any of the following, and
20.21 	convicted of or adjudicated delinquent for that offense or
20.22 	another offense arising out of the same set of circumstances:
20.23 	(i) murder under section 609.185, clause (2); or 
20.24 	(ii) kidnapping under section 609.25; or 
20.25 	(iii) criminal sexual conduct under section 609.342;
20.26 	609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
20.27 	(iv) indecent exposure under section 617.23, subdivision 3;
20.28 	or 
20.29 	(2) the person was charged with or petitioned for falsely
20.30 	imprisoning a minor in violation of section 609.255, subdivision
20.31 	2; soliciting a minor to engage in prostitution in violation of
20.32 	section 609.322 or 609.324; soliciting a minor to engage in
20.33 	sexual conduct in violation of section 609.352; using a minor in
20.34 	a sexual performance in violation of section 617.246; or
20.35 	possessing pornographic work involving a minor in violation of
20.36 	section 617.247, and convicted of or adjudicated delinquent for
21.1 	that offense or another offense arising out of the same set of
21.2 	circumstances; or 
21.3 	(3) the person was convicted of a predatory crime as
21.4 	defined in section 609.108, and the offender was sentenced as a
21.5 	patterned sex offender or the court found on its own motion or
21.6 	that of the prosecutor that the crime was part of a predatory
21.7 	pattern of behavior that had criminal sexual conduct as its
21.8 	goal; or 
21.9 	(4) the person was convicted of or adjudicated delinquent
21.10 	for, including pursuant to a court martial, violating a law of
21.11 	the United States, including the Uniform Code of Military
21.12 	Justice, similar to the offenses described in clause (1), (2),
21.13 	or (3).
21.14 	(b) A person also shall register under this section if:
21.15 	(1) the person was convicted of or adjudicated delinquent
21.16 	in another state for an offense that would be a violation of a
21.17 	law described in paragraph (a) if committed in this state;
21.18 	(2) the person enters the state to reside, or to work or
21.19 	attend school; and 
21.20 	(3) ten years have not elapsed since the person was
21.21 	released from confinement or, if the person was not confined,
21.22 	since the person was convicted of or adjudicated delinquent for
21.23 	the offense that triggers registration, unless the person is
21.24 	subject to lifetime registration, in which case the person must
21.25 	register for life regardless of when the person was released
21.26 	from confinement, convicted, or adjudicated delinquent.
21.27 	For purposes of this paragraph:
21.28 	(i) "school" includes any public or private educational
21.29 	institution, including any secondary school, trade or
21.30 	professional institution, or institution of higher education,
21.31 	that the person is enrolled in on a full-time or part-time
21.32 	basis; and 
21.33 	(ii) "work" includes employment that is full time or part
21.34 	time for a period of time exceeding 14 days or for an aggregate
21.35 	period of time exceeding 30 days during any calendar year,
21.36 	whether financially compensated, volunteered, or for the purpose
22.1 	of government or educational benefit.
22.2 	(c) A person also shall register under this section if the
22.3 	person was committed pursuant to a court commitment order under
22.4 	section 253B.185 or Minnesota Statutes 1992, section 526.10, or
22.5 	a similar law of another state or the United States, regardless
22.6 	of whether the person was convicted of any offense.
22.7 	(d) A person also shall register under this section if:
22.8 	(1) the person was charged with or petitioned for a felony
22.9 	violation or attempt to violate any of the offenses listed in
22.10 	paragraph (a), clause (1), or a similar law of another state or
22.11 	the United States, or the person was charged with or petitioned
22.12 	for a violation of any of the offenses listed in paragraph (a),
22.13 	clause (2), or a similar law of another state or the United
22.14 	States;
22.15 	(2) the person was found not guilty by reason of mental
22.16 	illness or mental deficiency after a trial for that offense, or
22.17 	found guilty but mentally ill after a trial for that offense, in
22.18 	states with a guilty but mentally ill verdict; and 
22.19 	(3) the person was committed pursuant to a court commitment
22.20 	order under section 253B.18 or a similar law of another state or
22.21 	the United States.
22.22 		Subd. 1a.Definitions. (a) As used in this section,
22.23 	unless the context clearly indicates otherwise, the following
22.24 	terms have the meanings given them.
22.25 	(b) "Bureau" means the Bureau of Criminal Apprehension.
22.26 	(c) "Dwelling" means the building where the person lives
22.27 	under a formal or informal agreement to do so.
22.28 	(d) "Incarceration" and "confinement" do not include
22.29 	electronic home monitoring.
22.30 	(e) "Law enforcement authority" or "authority" means, with
22.31 	respect to a home rule charter or statutory city, the chief of
22.32 	police, and with respect to an unincorporated area, the county
22.33 	sheriff.
22.34 	(f) "Motor vehicle" has the meaning given for "vehicle" in
22.35 	section 169.01, subdivision 2.
22.36 	(g) "Primary address" means the mailing address of the
23.1 	person's dwelling.  If the mailing address is different from the
23.2 	actual location of the dwelling, "primary address" also includes
23.3 	the physical location of the dwelling described with as much
23.4 	specificity as possible.
23.5 	(h) "School" includes any public or private educational
23.6 	institution, including any secondary school, trade, or
23.7 	professional institution, or institution of higher education,
23.8 	that the person is enrolled in on a full-time basis or part-time
23.9 	basis.
23.10 	(i) "Secondary address" means the mailing address of any
23.11 	place where the person regularly or occasionally stays overnight
23.12 	when not staying at the person's primary address.  If the
23.13 	mailing address is different from the actual location of the
23.14 	place, "secondary address" also includes the physical location
23.15 	of the place described with as much specificity as possible.
23.16 	(j) "Treatment facility" means a residential facility, as
23.17 	defined in section 244.052, subdivision 1, and residential
23.18 	chemical dependency treatment programs and halfway houses
23.19 	licensed under chapter 245A, including, but not limited to,
23.20 	those facilities directly or indirectly assisted by any
23.21 	department or agency of the United States.
23.22 	(k) "Work" includes employment that is full time or part
23.23 	time for a period of time exceeding 14 days or for an aggregate
23.24 	period of time exceeding 30 days during any calendar year,
23.25 	whether financially compensated, volunteered, or for the purpose
23.26 	of government or educational benefit.
23.27 		Subd. 1b.Registration required. (a) A person shall
23.28 	register under this section if:
23.29 	(1) the person was charged with or petitioned for a felony
23.30 	violation of or attempt to violate, or aiding, abetting, or
23.31 	conspiracy to commit, any of the following, and convicted of or
23.32 	adjudicated delinquent for that offense or another offense
23.33 	arising out of the same set of circumstances:
23.34 	(i) murder under section 609.185, paragraph (a), clause
23.35 	(2); or 
23.36 	(ii) kidnapping under section 609.25; or 
24.1 	(iii) criminal sexual conduct under section 609.342;
24.2 	609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453;
24.3 	or 
24.4 	(iv) indecent exposure under section 617.23, subdivision 3;
24.5 	(2) the person was charged with or petitioned for a
24.6 	violation of or attempt to violate, or aiding, abetting, or
24.7 	conspiracy to commit false imprisonment in violation of section
24.8 	609.255, subdivision 2; soliciting a minor to engage in
24.9 	prostitution in violation of section 609.322 or 609.324;
24.10 	soliciting a minor to engage in sexual conduct in violation of
24.11 	section 609.352; using a minor in a sexual performance in
24.12 	violation of section 617.246; or possessing pornographic work
24.13 	involving a minor in violation of section 617.247, and convicted
24.14 	of or adjudicated delinquent for that offense or another offense
24.15 	arising out of the same set of circumstances;
24.16 	(3) the person was sentenced as a patterned sex offender
24.17 	under section 609.108; or 
24.18 	(4) the person was convicted of or adjudicated delinquent
24.19 	for, including pursuant to a court martial, violating a law of
24.20 	the United States, including the Uniform Code of Military
24.21 	Justice, similar to the offenses described in clause (1), (2),
24.22 	or (3).
24.23 	(b) A person also shall register under this section if:
24.24 	(1) the person was convicted of or adjudicated delinquent
24.25 	in another state for an offense that would be a violation of a
24.26 	law described in paragraph (a) if committed in this state;
24.27 	(2) the person enters the state to reside, work, or attend
24.28 	school, or enters the state and remains for 14 days or longer;
24.29 	and 
24.30 	(3) ten years have not elapsed since the person was
24.31 	released from confinement or, if the person was not confined,
24.32 	since the person was convicted of or adjudicated delinquent for
24.33 	the offense that triggers registration, unless the person is
24.34 	subject to lifetime registration, in which case the person shall
24.35 	register for life regardless of when the person was released
24.36 	from confinement, convicted, or adjudicated delinquent.
25.1 	A person described in this paragraph shall register with
25.2 	the bureau within five days after the registration requirement
25.3 	becomes applicable.
25.4 	(c) A person also shall register under this section if the
25.5 	person was committed pursuant to a court commitment order under
25.6 	section 253B.185 or Minnesota Statutes 1992, section 526.10, or
25.7 	a similar law of another state or the United States, regardless
25.8 	of whether the person was convicted of any offense.
25.9 	(d) A person also shall register under this section if:
25.10 	(1) the person was charged with or petitioned for a felony
25.11 	violation or attempt to violate any of the offenses listed in
25.12 	paragraph (a), clause (1), or a similar law of another state or
25.13 	the United States, or the person was charged with or petitioned
25.14 	for a violation of any of the offenses listed in paragraph (a),
25.15 	clause (2), or a similar law of another state or the United
25.16 	States;
25.17 	(2) the person was found not guilty by reason of mental
25.18 	illness or mental deficiency after a trial for that offense, or
25.19 	found guilty but mentally ill after a trial for that offense, in
25.20 	states with a guilty but mentally ill verdict; and 
25.21 	(3) the person was committed pursuant to a court commitment
25.22 	order under section 253B.18 or a similar law of another state or
25.23 	the United States.
25.24 		Subd. 2.Notice. When a person who is required to
25.25 	register under subdivision 1 1b, paragraph (a), is sentenced or
25.26 	becomes subject to a juvenile court disposition order, the court
25.27 	shall tell the person of the duty to register under this section
25.28 	and that, if the person fails to comply with the registration
25.29 	requirements, information about the offender may be made
25.30 	available to the public through electronic, computerized, or
25.31 	other accessible means.  The court may not modify the person's
25.32 	duty to register in the pronounced sentence or disposition
25.33 	order.  The court shall require the person to read and sign a
25.34 	form stating that the duty of the person to register under this
25.35 	section has been explained.  The court shall forward the signed
25.36 	sex offender registration form, the complaint, and sentencing
26.1 	documents to the bureau of Criminal Apprehension.  If a person
26.2 	required to register under subdivision 1 1b, paragraph (a), was
26.3 	not notified by the court of the registration requirement at the
26.4 	time of sentencing or disposition, the assigned corrections
26.5 	agent shall notify the person of the requirements of this
26.6 	section.  When a person who is required to register under
26.7 	subdivision 1 1b, paragraph (c) or (d), is released from
26.8 	commitment, the treatment facility shall notify the person of
26.9 	the requirements of this section.  The treatment facility shall
26.10 	also obtain the registration information required under this
26.11 	section and forward it to the bureau of Criminal Apprehension.
26.12 		Subd. 3.Registration procedure. (a) Except as provided
26.13 	in subdivision 3a,a person required to register under this
26.14 	section shall register with the corrections agent as soon as the
26.15 	agent is assigned to the person.  If the person does not have an
26.16 	assigned corrections agent or is unable to locate the assigned
26.17 	corrections agent, the person shall register with the law
26.18 	enforcement agency authority that has jurisdiction in the area
26.19 	of the person's residence primary address.
26.20 	(b) Except as provided in subdivision 3a,at least five
26.21 	days before the person starts living at a new primary address,
26.22 	including living in another state, the person shall give written
26.23 	notice of the new primary living address to the assigned
26.24 	corrections agent or to the law enforcement authority with which
26.25 	the person currently is registered.  If the person will be
26.26 	living in a new state and that state has a registration
26.27 	requirement, the person shall also give written notice of the
26.28 	new address to the designated registration agency in the new
26.29 	state.  A person required to register under this section shall
26.30 	also give written notice to the assigned corrections agent or to
26.31 	the law enforcement authority that has jurisdiction in the area
26.32 	of the person's residence primary address that the person is no
26.33 	longer living or staying at an address, immediately after the
26.34 	person is no longer living or staying at that address.  The
26.35 	corrections agent or law enforcement authority shall, within two
26.36 	business days after receipt of this information, forward it to
27.1 	the bureau of Criminal Apprehension.  The bureau of Criminal
27.2 	Apprehension shall, if it has not already been done, notify the
27.3 	law enforcement authority having primary jurisdiction in the
27.4 	community where the person will live of the new address.  If the
27.5 	person is leaving the state, the bureau of Criminal Apprehension 
27.6 	shall notify the registration authority in the new state of the
27.7 	new address. If the person's obligation to register arose under
27.8 	subdivision 1, paragraph (b),The person's registration
27.9 	requirements under this section terminate when after the person
27.10 	begins living in the new state and the bureau has confirmed the
27.11 	address in the other state through the annual verification
27.12 	process on at least one occasion.
27.13 	(c) A person required to register under subdivision 1 1b,
27.14 	paragraph (b), because the person is working or attending school
27.15 	in Minnesota shall register with the law enforcement
27.16 	agency authority that has jurisdiction in the area where the
27.17 	person works or attends school.  In addition to other
27.18 	information required by this section, the person shall provide
27.19 	the address of the school or of the location where the person is
27.20 	employed.  A person must shall comply with this paragraph within
27.21 	five days of beginning employment or school.  A person's
27.22 	obligation to register under this paragraph terminates when the
27.23 	person is no longer working or attending school in Minnesota.
27.24 	(d) A person required to register under this section who
27.25 	works or attends school outside of Minnesota shall register as a
27.26 	predatory offender in the state where the person works or
27.27 	attends school.  The person's corrections agent, or if the
27.28 	person does not have an assigned corrections agent, the law
27.29 	enforcement authority that has jurisdiction in the area of the
27.30 	person's residence primary address shall notify the person of
27.31 	this requirement.
27.32 		Subd. 3a.Registration procedure when person lacks
27.33 	primary address. (a) If a person leaves a primary address and
27.34 	does not have a new primary address, the person shall register
27.35 	with the law enforcement authority that has jurisdiction in the
27.36 	area where the person is staying within 24 hours of the time the
28.1 	person no longer has a primary address.
28.2 	(b) A person who lacks a primary address shall register
28.3 	with the law enforcement authority that has jurisdiction in the
28.4 	area where the person is staying within 24 hours after entering
28.5 	the jurisdiction.  Each time a person who lacks a primary
28.6 	address moves to a new jurisdiction without acquiring a new
28.7 	primary address, the person shall register with the law
28.8 	enforcement authority that has jurisdiction in the area where
28.9 	the person is staying within 24 hours after entering the
28.10 	jurisdiction.
28.11 	(c) Upon registering under this subdivision, the person
28.12 	shall provide the law enforcement authority with all of the
28.13 	information the individual is required to provide under
28.14 	subdivision 4a.  However, instead of reporting the person's
28.15 	primary address, the person shall describe the location of where
28.16 	the person is staying with as much specificity as possible.
28.17 	(d) Except as otherwise provided in paragraph (e), if a
28.18 	person continues to lack a primary address, the person shall
28.19 	report in person on a weekly basis to the law enforcement
28.20 	authority with jurisdiction in the area where the person is
28.21 	staying.  This weekly report shall occur between the hours of
28.22 	9:00 a.m. and 5:00 p.m.  The person is not required to provide
28.23 	the registration information required under subdivision 4a each
28.24 	time the offender reports to an authority, but the person shall
28.25 	inform the authority of changes to any information provided
28.26 	under subdivision 4a or this subdivision and shall otherwise
28.27 	comply with this subdivision.
28.28 	(e) If the law enforcement authority determines that it is
28.29 	impractical, due to the person's unique circumstances, to
28.30 	require a person lacking a primary address to report weekly and
28.31 	in person as required under paragraph (d), the authority may
28.32 	authorize the person to follow an alternative reporting
28.33 	procedure.  The authority shall consult with the person's
28.34 	corrections agent, if the person has one, in establishing the
28.35 	specific criteria of this alternative procedure, subject to the
28.36 	following requirements:
29.1 	(1) The authority shall document, in the person's
29.2 	registration record, the specific reasons why the weekly
29.3 	in-person reporting process is impractical for the person to
29.4 	follow.
29.5 	(2) The authority shall explain how the alternative
29.6 	reporting procedure furthers the public safety objectives of
29.7 	this section.
29.8 	(3) The authority shall require the person lacking a
29.9 	primary address to report in person at least monthly to the
29.10 	authority or the person's corrections agent and shall specify
29.11 	the location where the person shall report.  If the authority
29.12 	determines it would be more practical and would further public
29.13 	safety for the person to report to another law enforcement
29.14 	authority with jurisdiction where the person is staying, it may,
29.15 	after consulting with the other law enforcement authority,
29.16 	include this requirement in the person's alternative reporting
29.17 	process.
29.18 	(4) The authority shall require the person to comply with
29.19 	the weekly, in-person reporting process required under paragraph
29.20 	(d), if the person moves to a new area where this process would
29.21 	be practical.
29.22 	(5) The authority shall require the person to report any
29.23 	changes to the registration information provided under
29.24 	subdivision 4a and to comply with the periodic registration
29.25 	requirements specified under paragraph (f).
29.26 	(6) The authority shall require the person to comply with
29.27 	the requirements of subdivision 3, paragraphs (b) and (c), if
29.28 	the person moves to a primary address.
29.29 	(f) If a person continues to lack a primary address and
29.30 	continues to report to the same law enforcement authority, the
29.31 	person shall provide the authority with all of the information
29.32 	the individual is required to provide under subdivision 4a and
29.33 	this subdivision at least annually, unless the person is
29.34 	required to register under subdivision 1b, paragraph (c),
29.35 	following commitment pursuant to a court commitment under
29.36 	section 253B.185 or a similar law of another state or the United
30.1 	States.  If the person is required to register under subdivision
30.2 	1b, paragraph (c), the person shall provide the law enforcement
30.3 	authority with all of the information the individual is required
30.4 	to report under subdivision 4a and this subdivision at least
30.5 	once every three months.
30.6 	(g) A law enforcement authority receiving information under
30.7 	this subdivision shall forward registration information and
30.8 	changes to that information to the bureau within two business
30.9 	days of receipt of the information.
30.10 	(h) For purposes of this subdivision, a person who fails to
30.11 	report a primary address will be deemed to be a person who lacks
30.12 	a primary address, and the person shall comply with the
30.13 	requirements for a person who lacks a primary address.
30.14 		Subd. 4.Contents of registration. (a) The registration
30.15 	provided to the corrections agent or law enforcement authority,
30.16 	must consist of a statement in writing signed by the person,
30.17 	giving information required by the bureau of Criminal
30.18 	Apprehension, a fingerprint card, and photograph of the person
30.19 	taken at the time of the person's release from incarceration or,
30.20 	if the person was not incarcerated, at the time the person
30.21 	initially registered under this section.  The registration
30.22 	information also must include a written consent form signed by
30.23 	the person allowing a treatment facility or residential housing
30.24 	unit or shelter to release information to a law enforcement
30.25 	officer about the person's admission to, or residence in, a
30.26 	treatment facility or residential housing unit or shelter.
30.27 	Registration information on adults and juveniles may be
30.28 	maintained together notwithstanding section 260B.171,
30.29 	subdivision 3.
30.30 	(b) For persons required to register under subdivision 1 
30.31 	1b, paragraph (c), following commitment pursuant to a court
30.32 	commitment under section 253B.185 or a similar law of another
30.33 	state or the United States, in addition to other information
30.34 	required by this section, the registration provided to the
30.35 	corrections agent or law enforcement authority must include the
30.36 	person's offense history and documentation of treatment received
31.1 	during the person's commitment.  This documentation shall be is 
31.2 	limited to a statement of how far the person progressed in
31.3 	treatment during commitment.
31.4 	(c) Within three days of receipt, the corrections agent or
31.5 	law enforcement authority shall forward the registration
31.6 	information to the bureau of Criminal Apprehension.  The bureau
31.7 	shall ascertain whether the person has registered with the law
31.8 	enforcement authority where the person resides in the area of
31.9 	the person's primary address, if any, or if the person lacks a
31.10 	primary address, where the person is staying, as required by
31.11 	subdivision 3a.  If the person has not registered with the law
31.12 	enforcement authority, the bureau shall send one copy to that
31.13 	authority.
31.14 	(d) The corrections agent or law enforcement authority may
31.15 	require that a person required to register under this section
31.16 	appear before the agent or authority to be photographed. The
31.17 	agent or authority shall require a person required to register
31.18 	under this section who is classified as a risk level III
31.19 	offender under section 244.052 to appear before the agent or
31.20 	authority at least every six months to be photographed.The
31.21 	agent or authority shall forward the photograph to the bureau of
31.22 	Criminal Apprehension.
31.23 	(e) During the period a person is required to register
31.24 	under this section, the following shall provisions apply:
31.25 	(1) Except for persons registering under subdivision 3a,
31.26 	the bureau of Criminal Apprehension shall mail a verification
31.27 	form to the last reported address of the person's residence last
31.28 	reported primary address.  This verification form shall must 
31.29 	provide notice to the offender that, if the offender does not
31.30 	return the verification form as required, information about the
31.31 	offender may be made available to the public through electronic,
31.32 	computerized, or other accessible means. For persons who are
31.33 	registered under subdivision 3a, the bureau shall mail an annual
31.34 	verification form to the law enforcement authority where the
31.35 	offender most recently reported.  The authority shall provide
31.36 	the verification form to the person at the next weekly meeting
32.1 	and ensure that the person completes and signs the form and
32.2 	returns it to the bureau.
32.3 	(2) The person shall mail the signed verification form back
32.4 	to the bureau of Criminal Apprehension within ten days after
32.5 	receipt of the form, stating on the form the current and last
32.6 	address of the person's residence and the other information
32.7 	required under subdivision 4a.
32.8 	(3) In addition to the requirements listed in this section,
32.9 	a person who, under section 244.052, is assigned to risk level
32.10 	II or risk level III, and who is no longer under correctional
32.11 	supervision, shall have an annual in-person contact with the law
32.12 	enforcement authority in the area of the person's primary
32.13 	address or, if the person has no primary address, where the
32.14 	person is staying.  During the month of the person's birth date,
32.15 	the person shall report to the authority to verify the accuracy
32.16 	of the registration information and to be photographed.  Within
32.17 	three days of this contact, the authority shall enter
32.18 	information as required by the bureau into the predatory
32.19 	offender registration database and submit an updated photograph
32.20 	of the person to the bureau's predatory offender registration
32.21 	unit.  The authority may waive the photograph requirement for a
32.22 	person assigned to risk level III who has recently been
32.23 	photographed under paragraph (d).
32.24 	(4) If the person fails to mail the completed and signed
32.25 	verification form to the bureau of Criminal Apprehension within
32.26 	ten days after receipt of the form, or if the person fails to
32.27 	report to the law enforcement authority during the month of the
32.28 	person's birth date,the person shall be is in violation of this
32.29 	section.
32.30 	For persons required to register under subdivision 1 1b,
32.31 	paragraph (c), following commitment pursuant to a court
32.32 	commitment under section 253B.185 or a similar law of another
32.33 	state or the United States, the bureau shall comply with clause
32.34 	(1) at least four times each year. For persons who under
32.35 	section 244.052 are assigned to risk level III and who are no
32.36 	longer under correctional supervision, the bureau shall comply
33.1 	with clause (1) at least two times each year.For all other
33.2 	persons required to register under this section, the bureau
33.3 	shall comply with clause (1) each year within 30 days of the
33.4 	anniversary date of the person's initial registration.
33.5 	(f) When sending out a verification form, the bureau of
33.6 	Criminal Apprehension must shall determine whether the person to
33.7 	whom the verification form is being sent has signed a written
33.8 	consent form as provided for in paragraph (a).  If the person
33.9 	has not signed such a consent form, the bureau of Criminal
33.10 	Apprehension must shall send a written consent form to the
33.11 	person along with the verification form.  A person who receives
33.12 	this written consent form must shall sign and return it to the
33.13 	bureau of Criminal Apprehension at the same time as the
33.14 	verification form.
33.15 	(g) For the purposes of this subdivision, "treatment
33.16 	facility" means a residential facility, as defined in section
33.17 	244.052, subdivision 1, and residential chemical dependency
33.18 	treatment programs and halfway houses licensed under chapter
33.19 	245A, including, but not limited to, those facilities directly
33.20 	or indirectly assisted by any department or agency of the United
33.21 	States.
33.22 		Subd. 4a.Information required to be provided. (a) As
33.23 	used in this section:
33.24 	(1) "motor vehicle" has the meaning given "vehicle" in
33.25 	section 169.01, subdivision 2;
33.26 	(2) "primary residence" means any place where the person
33.27 	resides longer than 14 days or that is deemed a primary
33.28 	residence by a person's corrections agent, if one is assigned to
33.29 	the person; and 
33.30 	(3) "secondary residence" means any place where the person
33.31 	regularly stays overnight when not staying at the person's
33.32 	primary residence, and includes, but is not limited to:
33.33 	(i) the person's parent's home if the person is a student
33.34 	and stays at the home at times when the person is not staying at
33.35 	school, including during the summer; and 
33.36 	(ii) the home of someone with whom the person has a minor
34.1 	child in common where the child's custody is shared.
34.2 	(b) A person required to register under this section shall
34.3 	provide to the corrections agent or law enforcement authority
34.4 	the following information:
34.5 	(1) the address of the person's primary residence address;
34.6 	(2) the addresses of all of the person's secondary
34.7 	residences addresses in Minnesota, including all addresses used
34.8 	for residential or recreational purposes;
34.9 	(3) the addresses of all Minnesota property owned, leased,
34.10 	or rented by the person;
34.11 	(4) the addresses of all locations where the person is
34.12 	employed;
34.13 	(5) the addresses of all residences schools where the
34.14 	person resides while attending school is enrolled; and
34.15 	(6) the year, model, make, license plate number, and color
34.16 	of all motor vehicles owned or regularly driven by the person.
34.17 	(c) (b) The person shall report to the agent or authority
34.18 	the information required to be provided under paragraph (b) (a),
34.19 	clauses (2) to (6), within five days of the date the clause
34.20 	becomes applicable.  If because of a change in circumstances any
34.21 	information reported under paragraph (b) (a), clauses (1) to
34.22 	(6), no longer applies, the person shall immediately inform the
34.23 	agent or authority that the information is no longer valid. If
34.24 	the person leaves a primary address and does not have a new
34.25 	primary address, the person shall register as provided in
34.26 	subdivision 3a.
34.27 		Subd. 5.Criminal penalty. (a) A person required to
34.28 	register under this section who knowingly violates any of its
34.29 	provisions or intentionally provides false information to a
34.30 	corrections agent, law enforcement authority, or the bureau of
34.31 	Criminal Apprehension is guilty of a felony and may be sentenced
34.32 	to imprisonment for not more than five years or to payment of a
34.33 	fine of not more than $10,000, or both.
34.34 	(b) Except as provided in paragraph (c), a person convicted
34.35 	of violating paragraph (a) shall be committed to the custody of
34.36 	the commissioner of corrections for not less than a year and a
35.1 	day, nor more than five years.
35.2 	(c) A person convicted of violating paragraph (a), who has
35.3 	previously been convicted of or adjudicated delinquent for
35.4 	violating this section or a similar law of another state or the
35.5 	United States, shall be committed to the custody of the
35.6 	commissioner of corrections for not less than two years, nor
35.7 	more than five years.
35.8 	(d) Prior to the time of sentencing, the prosecutor may
35.9 	file a motion to have the person sentenced without regard to the
35.10 	mandatory minimum sentence established by this subdivision.  The
35.11 	motion shall must be accompanied by a statement on the record of
35.12 	the reasons for it.  When presented with the motion, or on its
35.13 	own motion, the court may sentence the person without regard to
35.14 	the mandatory minimum sentence if the court finds substantial
35.15 	and compelling reasons to do so.  Sentencing a person in the
35.16 	manner described in this paragraph is a departure from the
35.17 	Sentencing Guidelines.
35.18 	(e) A person convicted and sentenced as required by this
35.19 	subdivision is not eligible for probation, parole, discharge,
35.20 	work release, or supervised release, until that person has
35.21 	served the full term of imprisonment as provided by law,
35.22 	notwithstanding the provisions of sections 241.26, 242.19,
35.23 	243.05, 244.04, 609.12, and 609.135.
35.24 		Subd. 5a.Ten-year conditional release for violations
35.25 	committed by level iii offenders. Notwithstanding the statutory
35.26 	maximum sentence otherwise applicable to the offense or any
35.27 	provision of the sentencing guidelines, when a court commits a
35.28 	person to the custody of the commissioner of corrections for
35.29 	violating subdivision 5 and, at the time of the violation, the
35.30 	person was assigned to risk level III under section 244.052, the
35.31 	court shall provide that after the person has completed the
35.32 	sentence imposed, the commissioner shall place the person on
35.33 	conditional release for ten years.  The terms of conditional
35.34 	release are governed by section 609.3455, subdivision 6.
35.35 		Subd. 6.Registration period. (a) Notwithstanding the
35.36 	provisions of section 609.165, subdivision 1, and except as
36.1 	provided in paragraphs (b), (c), and (d), a person required to
36.2 	register under this section shall continue to comply with this
36.3 	section until ten years have elapsed since the person initially
36.4 	registered in connection with the offense, or until the
36.5 	probation, supervised release, or conditional release period
36.6 	expires, whichever occurs later.  For a person required to
36.7 	register under this section who is committed under section
36.8 	253B.18 or 253B.185, the ten-year registration period does not
36.9 	include the period of commitment.
36.10 	(b) If a person required to register under this section
36.11 	fails to register following a change in residence the person's
36.12 	primary or secondary address, employment, school, or motor
36.13 	vehicle information; fails to report any property the person
36.14 	owns, leases, or rents; or fails to return the annual
36.15 	verification form within ten days, the commissioner of public
36.16 	safety may require the person to continue to register for an
36.17 	additional period of five years.  This five-year period is added
36.18 	to the end of the offender's registration period.
36.19 	(c) If a person required to register under this section is
36.20 	subsequently incarcerated following a conviction for a new
36.21 	offense or following a revocation of probation, supervised
36.22 	release, or conditional release for that any offense, or a
36.23 	conviction for any new offense, the person shall continue to
36.24 	register until ten years have elapsed since the person was last
36.25 	released from incarceration or until the person's probation,
36.26 	supervised release, or conditional release period expires,
36.27 	whichever occurs later.
36.28 	(d) A person shall continue to comply with this section for
36.29 	the life of that person:
36.30 	(1) if the person is convicted of or adjudicated delinquent
36.31 	for any offense for which registration is required under
36.32 	subdivision 1 1b, or any offense from another state or any
36.33 	federal offense similar to the offenses described in subdivision
36.34 	1 1b, and the person has a prior conviction or adjudication for
36.35 	an offense for which registration was or would have been
36.36 	required under subdivision 1 1b, or an offense from another
37.1 	state or a federal offense similar to an offense described in
37.2 	subdivision 1 1b;
37.3 	(2) if the person is required to register based upon a
37.4 	conviction or delinquency adjudication for an offense under
37.5 	section 609.185, clause (2), or a similar statute from another
37.6 	state or the United States;
37.7 	(3) if the person is required to register based upon a
37.8 	conviction for an offense under section 609.342, subdivision 1,
37.9 	paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
37.10 	1, paragraph (a), (c), (d), (e), (f), or (h); 609.344,
37.11 	subdivision 1, paragraph (a), (c), or (g); or 609.345,
37.12 	subdivision 1, paragraph (a), (c), or (g); or a statute from
37.13 	another state or the United States similar to the offenses
37.14 	described in this clause; or
37.15 	(4) if the person is required to register under subdivision
37.16 	1 1b, paragraph (c), following commitment pursuant to a court
37.17 	commitment under section 253B.185 or a similar law of another
37.18 	state or the United States.
37.19 		Subd. 7.Use of information. Except as otherwise
37.20 	provided in subdivision 7a or sections 244.052 and 299C.093, the
37.21 	information provided under this section is private data on
37.22 	individuals under section 13.02, subdivision 12.  The
37.23 	information may be used only for law enforcement purposes.
37.24 		Subd. 7a.Availability of information on offenders who
37.25 	are out of compliance with registration law. (a) The bureau of
37.26 	Criminal Apprehension may make information available to the
37.27 	public about offenders who are 16 years of age or older and who
37.28 	are out of compliance with this section for 30 days or longer
37.29 	for failure to provide the address of the offenders' primary or
37.30 	secondary residences addresses.  This information may be made
37.31 	available to the public through electronic, computerized, or
37.32 	other accessible means.  The amount and type of information made
37.33 	available shall be is limited to the information necessary for
37.34 	the public to assist law enforcement in locating the offender.
37.35 	(b) An offender who comes into compliance with this section
37.36 	after the bureau of Criminal Apprehension discloses information
38.1 	about the offender to the public may send a written request to
38.2 	the bureau requesting the bureau to treat information about the
38.3 	offender as private data, consistent with subdivision 7.  The
38.4 	bureau shall review the request and promptly take reasonable
38.5 	action to treat the data as private, if the offender has
38.6 	complied with the requirement that the offender provide the
38.7 	addresses of the offender's primary and secondary
38.8 	residences addresses, or promptly notify the offender that the
38.9 	information will continue to be treated as public information
38.10 	and the reasons for the bureau's decision.
38.11 	(c) If an offender believes the information made public
38.12 	about the offender is inaccurate or incomplete, the offender may
38.13 	challenge the data under section 13.04, subdivision 4.
38.14 	(d) The bureau of Criminal Apprehension is immune from any
38.15 	civil or criminal liability that might otherwise arise, based on
38.16 	the accuracy or completeness of any information made public
38.17 	under this subdivision, if the bureau acts in good faith.
38.18 		Subd. 8.Law enforcement authority. For purposes of this
38.19 	section, a law enforcement authority means, with respect to a
38.20 	home rule charter or statutory city, the chief of police, and
38.21 	with respect to an unincorporated area, the sheriff of the
38.22 	county.
38.23 		Subd. 9.Offenders from other states. When the state
38.24 	accepts an offender from another state under a reciprocal
38.25 	agreement under the interstate compact authorized by section
38.26 	243.16 or 243.1605,or under any authorized interstate
38.27 	agreement, the acceptance is conditional on the offender
38.28 	agreeing to register under this section when the offender is
38.29 	living in Minnesota.
38.30 		Subd. 10.Venue; aggregation. (a) A violation of this
38.31 	section may be prosecuted in any jurisdiction where an offense
38.32 	takes place.  However, the prosecutorial agency in the
38.33 	jurisdiction where the person last registered a primary address
38.34 	is initially responsible to review the case for prosecution.
38.35 	(b) When a person commits two or more offenses in two or
38.36 	more counties, the accused may be prosecuted for all of the
39.1 	offenses in any county in which one of the offenses was
39.2 	committed.
39.3 		Subd. 11.Certified copies as evidence. Certified copies
39.4 	of predatory offender registration records are admissible as
39.5 	substantive evidence when necessary to prove the commission of a
39.6 	violation of this section.
39.7 	
EFFECTIVE DATE. This section is effective August 1, 2005,
39.8 	and applies to persons subject to predatory offender
39.9 	registration on or after that date.

39.10 	Sec. 2. Minnesota Statutes 2004, section 243.167, is
39.11 	amended to read:
39.12 	243.167 REGISTRATION UNDER THE PREDATORY OFFENDER
39.13 	REGISTRATION LAW FOR OTHER OFFENSES.
39.14 		Subdivision 1.Definition. As used in this section,
39.15 	"crime against the person" means a violation of any of the
39.16 	following or a similar law of another state or of the United
39.17 	States:  section 609.165; 609.185; 609.19; 609.195; 609.20;
39.18 	609.205; 609.221; 609.222; 609.223; 609.2231;609.224,
39.19 	subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235;
39.20 	609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision
39.21 	2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23,
39.22 	subdivision 2; or any felony-level violation of section 609.229;
39.23 	609.377; 609.749; or 624.713.
39.24 		Subd. 2.When required. (a) In addition to the
39.25 	requirements of section 243.166, a person also shall register
39.26 	under section 243.166 if:
39.27 	(1) the person is convicted of a crime against the person;
39.28 	and
39.29 	(2) the person was previously convicted of or adjudicated
39.30 	delinquent for an offense listed in section 243.166, subdivision
39.31 	1, paragraph (a),but was not required to register for the
39.32 	offense because the registration requirements of that section
39.33 	did not apply to the person at the time the offense was
39.34 	committed or at the time the person was released from
39.35 	imprisonment.
39.36 	(b) A person who was previously required to register under
40.1 	section 243.166in any state and who has completed the
40.2 	registration requirements of that section state shall again
40.3 	register under section 243.166 if the person commits a crime
40.4 	against the person.
40.5 	
EFFECTIVE DATE. This section is effective August 1, 2005,
40.6 	and applies to crimes committed on or after that date.

40.7 	Sec. 3. [243.95] REPORT ON COMMUNITY CORRECTIONAL
40.8 	SUPERVISION.
40.9 	By January 15 of each year, the commissioner of corrections
40.10 	shall report to the chairs of the senate and house committees
40.11 	having jurisdiction over criminal justice policy on the number,
40.12 	geographic location, and aggregate and average caseloads for
40.13 	each caseload type of risk level II and risk level III sex
40.14 	offender residing in the state for the preceding calendar year.
40.15 	In addition, the commissioner shall provide this information for
40.16 	all other types of offenders.  The commissioner shall compile
40.17 	and include in the report comparative historical data for the
40.18 	five calendar years preceding the year included in the report.

40.19 	Sec. 4. Minnesota Statutes 2004, section 244.052,
40.20 	subdivision 3, is amended to read:
40.21 		Subd. 3.End-of-confinement review committee.  (a) The
40.22 	commissioner of corrections shall establish and administer
40.23 	end-of-confinement review committees at each state correctional
40.24 	facility and at each state treatment facility where predatory
40.25 	offenders are confined.  The committees shall assess on a
40.26 	case-by-case basis the public risk posed by predatory offenders
40.27 	who are about to be released from confinement.
40.28 	(b) Each committee shall be a standing committee and shall
40.29 	consist of the following members appointed by the commissioner:
40.30 	(1) the chief executive officer or head of the correctional
40.31 	or treatment facility where the offender is currently confined,
40.32 	or that person's designee;
40.33 	(2) a law enforcement officer;
40.34 	(3) a treatment professional who is trained in the
40.35 	assessment of sex offenders;
40.36 	(4) a caseworker experienced in supervising sex offenders;
41.1 	and
41.2 	(5) a victim's services professional.
41.3 	Members of the committee, other than the facility's chief
41.4 	executive officer or head, shall be appointed by the
41.5 	commissioner to two-year terms.  The chief executive officer or
41.6 	head of the facility or designee shall act as chair of the
41.7 	committee and shall use the facility's staff, as needed, to
41.8 	administer the committee, obtain necessary information from
41.9 	outside sources, and prepare risk assessment reports on
41.10 	offenders.
41.11 	(c) The committee shall have access to the following data
41.12 	on a predatory offender only for the purposes of its assessment
41.13 	and to defend the committee's risk assessment determination upon
41.14 	administrative review under this section:
41.15 	(1) private medical data under section 13.384 or 144.335,
41.16 	or welfare data under section 13.46 that relate to medical
41.17 	treatment of the offender;
41.18 	(2) private and confidential court services data under
41.19 	section 13.84;
41.20 	(3) private and confidential corrections data under section
41.21 	13.85; and
41.22 	(4) private criminal history data under section 13.87.
41.23 	Data collected and maintained by the committee under this
41.24 	paragraph may not be disclosed outside the committee, except as
41.25 	provided under section 13.05, subdivision 3 or 4.  The predatory
41.26 	offender has access to data on the offender collected and
41.27 	maintained by the committee, unless the data are confidential
41.28 	data received under this paragraph.
41.29 	(d)(i) Except as otherwise provided in item (ii), at least
41.30 	90 days before a predatory offender is to be released from
41.31 	confinement, the commissioner of corrections shall convene the
41.32 	appropriate end-of-confinement review committee for the purpose
41.33 	of assessing the risk presented by the offender and determining
41.34 	the risk level to which the offender shall be assigned under
41.35 	paragraph (e).  The offender and the law enforcement agency that
41.36 	was responsible for the charge resulting in confinement shall be
42.1 	notified of the time and place of the committee's meeting.  The
42.2 	offender has a right to be present and be heard at the meeting.
42.3 	The law enforcement agency may provide material in writing that
42.4 	is relevant to the offender's risk level to the chair of the
42.5 	committee.  The committee shall use the risk factors described
42.6 	in paragraph (g) and the risk assessment scale developed under
42.7 	subdivision 2 to determine the offender's risk assessment score
42.8 	and risk level.  Offenders scheduled for release from
42.9 	confinement shall be assessed by the committee established at
42.10 	the facility from which the offender is to be released.
42.11 	(ii) If an offender is received for confinement in a
42.12 	facility with less than 90 days remaining in the offender's term
42.13 	of confinement, the offender's risk shall be assessed at the
42.14 	first regularly scheduled end of confinement review committee
42.15 	that convenes after the appropriate documentation for the risk
42.16 	assessment is assembled by the committee.  The commissioner
42.17 	shall make reasonable efforts to ensure that offender's risk is
42.18 	assessed and a risk level is assigned or reassigned at least 30
42.19 	days before the offender's release date.
42.20 	(e) The committee shall assign to risk level I a predatory
42.21 	offender whose risk assessment score indicates a low risk of
42.22 	reoffense.  The committee shall assign to risk level II an
42.23 	offender whose risk assessment score indicates a moderate risk
42.24 	of reoffense.  The committee shall assign to risk level III an
42.25 	offender whose risk assessment score indicates a high risk of
42.26 	reoffense.
42.27 	(f) Before the predatory offender is released from
42.28 	confinement, the committee shall prepare a risk assessment
42.29 	report which specifies the risk level to which the offender has
42.30 	been assigned and the reasons underlying the committee's risk
42.31 	assessment decision.  The committee shall give the report to the
42.32 	offender and to the law enforcement agency at least 60 days
42.33 	before an offender is released from confinement.  If the risk
42.34 	assessment is performed under the circumstances described in
42.35 	paragraph (d), item (ii), the report shall be given to the
42.36 	offender and the law enforcement agency as soon as it is
43.1 	available.  The committee also shall inform the offender of the
43.2 	availability of review under subdivision 6.
43.3 	(g) As used in this subdivision, "risk factors" includes,
43.4 	but is not limited to, the following factors:
43.5 	(1) the seriousness of the offense should the offender
43.6 	reoffend.  This factor includes consideration of the following:
43.7 	(i) the degree of likely force or harm;
43.8 	(ii) the degree of likely physical contact; and
43.9 	(iii) the age of the likely victim;
43.10 	(2) the offender's prior offense history.  This factor
43.11 	includes consideration of the following:
43.12 	(i) the relationship of prior victims to the offender;
43.13 	(ii) the number of prior offenses or victims;
43.14 	(iii) the duration of the offender's prior offense history;
43.15 	(iv) the length of time since the offender's last prior
43.16 	offense while the offender was at risk to commit offenses; and
43.17 	(v) the offender's prior history of other antisocial acts;
43.18 	(3) the offender's characteristics.  This factor includes
43.19 	consideration of the following:
43.20 	(i) the offender's response to prior treatment efforts; and
43.21 	(ii) the offender's history of substance abuse;
43.22 	(4) the availability of community supports to the offender.
43.23 	This factor includes consideration of the following:
43.24 	(i) the availability and likelihood that the offender will
43.25 	be involved in therapeutic treatment;
43.26 	(ii) the availability of residential supports to the
43.27 	offender, such as a stable and supervised living arrangement in
43.28 	an appropriate location;
43.29 	(iii) the offender's familial and social relationships,
43.30 	including the nature and length of these relationships and the
43.31 	level of support that the offender may receive from these
43.32 	persons; and
43.33 	(iv) the offender's lack of education or employment
43.34 	stability;
43.35 	(5) whether the offender has indicated or credible evidence
43.36 	in the record indicates that the offender will reoffend if
44.1 	released into the community; and
44.2 	(6) whether the offender demonstrates a physical condition
44.3 	that minimizes the risk of reoffense, including but not limited
44.4 	to, advanced age or a debilitating illness or physical condition.
44.5 	(h) Upon the request of the law enforcement agency or the
44.6 	offender's corrections agent, the commissioner may reconvene the
44.7 	end-of-confinement review committee for the purpose of
44.8 	reassessing the risk level to which an offender has been
44.9 	assigned under paragraph (e).  In a request for a reassessment,
44.10 	the law enforcement agency which was responsible for the charge
44.11 	resulting in confinement or agent shall list the facts and
44.12 	circumstances arising after the initial assignment or facts and
44.13 	circumstances known to law enforcement or the agent but not
44.14 	considered by the committee under paragraph (e) which support
44.15 	the request for a reassessment.  The request for reassessment by
44.16 	the law enforcement agency must occur within 30 days of receipt
44.17 	of the report indicating the offender's risk level assignment.
44.18 	The offender's corrections agent, in consultation with the chief
44.19 	law enforcement officer in the area where the offender resides
44.20 	or intends to reside, may request a review of a risk level at
44.21 	any time if substantial evidence exists that the offender's risk
44.22 	level should be reviewed by an end-of-confinement review
44.23 	committee.  This evidence includes, but is not limited to,
44.24 	evidence of treatment failures or completions, evidence of
44.25 	exceptional crime-free community adjustment or lack of
44.26 	appropriate adjustment, evidence of substantial community need
44.27 	to know more about the offender or mitigating circumstances that
44.28 	would narrow the proposed scope of notification, or other
44.29 	practical situations articulated and based in evidence of the
44.30 	offender's behavior while under supervision.  Upon review of the
44.31 	request, the end-of-confinement review committee may reassign an
44.32 	offender to a different risk level.  If the offender is
44.33 	reassigned to a higher risk level, the offender has the right to
44.34 	seek review of the committee's determination under subdivision 6.
44.35 	(i) An offender may request the end-of-confinement review
44.36 	committee to reassess the offender's assigned risk level after
45.1 	three years have elapsed since the committee's initial risk
45.2 	assessment and may renew the request once every two years
45.3 	following subsequent denials.  In a request for reassessment,
45.4 	the offender shall list the facts and circumstances which
45.5 	demonstrate that the offender no longer poses the same degree of
45.6 	risk to the community.  In order for a request for a risk level
45.7 	reduction to be granted, the offender must demonstrate full
45.8 	compliance with supervised release conditions, completion of
45.9 	required post-release treatment programming, and full compliance
45.10 	with all registration requirements as detailed in section
45.11 	243.166.  The offender must also not have been convicted of any
45.12 	felony, gross misdemeanor, or misdemeanor offenses subsequent to
45.13 	the assignment of the original risk level.  The committee shall
45.14 	follow the process outlined in paragraphs (a) to (c) in the
45.15 	reassessment.  An offender who is incarcerated may not request a
45.16 	reassessment under this paragraph.
45.17 	(j) Offenders returned to prison as release violators shall
45.18 	not have a right to a subsequent risk reassessment by the
45.19 	end-of-confinement review committee unless substantial evidence
45.20 	indicates that the offender's risk to the public has increased.
45.21 	(k) The commissioner shall establish an end-of-confinement
45.22 	review committee to assign a risk level to offenders who:
45.23 	(1) are released from a any federal correctional facility
45.24 	in Minnesota or from any state correctional facility of another
45.25 	state,and who intend to reside in Minnesota, and to offenders ;
45.26 	or 
45.27 	(2) are accepted from another state under a reciprocal
45.28 	agreement for parole supervision under the interstate compact
45.29 	authorized by section 243.16or 243.1605.
45.30 	The committee shall make reasonable efforts to conform to the
45.31 	same timelines as applied to Minnesota cases.  Offenders
45.32 	accepted from another state under a reciprocal agreement for
45.33 	probation supervision are not assigned a risk level, but are
45.34 	considered downward dispositional departures.  The probation or
45.35 	court services officer and law enforcement officer shall manage
45.36 	such cases in accordance with section 244.10, subdivision 2a.
46.1 	The policies and procedures of the committee for federal
46.2 	offenders and interstate compact cases must be in accordance
46.3 	with all requirements as set forth in this section, unless
46.4 	restrictions caused by the nature of federal or interstate
46.5 	transfers prevents such conformance.
46.6 	(l) If the committee assigns a predatory offender to risk
46.7 	level III, the committee shall determine whether residency
46.8 	restrictions shall be included in the conditions of the
46.9 	offender's release based on the offender's pattern of offending
46.10 	behavior.
46.11 	
EFFECTIVE DATE. This section is effective August 1, 2005,
46.12 	and applies to offenders entering the state, released from
46.13 	confinement, subject to community notification, or sentenced on
46.14 	or after that date.

46.15 	Sec. 5. Minnesota Statutes 2004, section 244.052, is
46.16 	amended by adding a subdivision to read:
46.17 		Subd. 3a.Out-of-state offenders; notification
46.18 	authorized. (a) This subdivision applies to offenders who move
46.19 	or have moved to Minnesota from other states and who:
46.20 	(1) at the time of the move are subject to a community
46.21 	notification statute similar to this section in the state from
46.22 	which the offender is moving; and 
46.23 	(2) are not assigned a risk level under subdivision 3,
46.24 	paragraph (k).
46.25 	(b) The law enforcement agency in the area where an
46.26 	offender described in paragraph (a) resides, expects to reside,
46.27 	or is regularly found, may disclose information regarding the
46.28 	offender consistent with subdivision 4, paragraph (a).  The
46.29 	extent of the notification must be consistent with the
46.30 	notification made about the offender in the state from which the
46.31 	offender is moving or has moved.  However, the extent of the
46.32 	notification may not exceed that of a risk level II offender
46.33 	under subdivision 4, paragraph (b), unless the requirements of
46.34 	paragraph (c) have been met.  Except as otherwise provided in
46.35 	this subdivision and unless clearly inapplicable, the provisions
46.36 	of subdivision 4 apply to notifications made under this
47.1 	paragraph.
47.2 	(c) If the notification made concerning the offender in the
47.3 	state from which the offender is moving or has moved is broader
47.4 	than that authorized for a risk level II offender under
47.5 	subdivision 4, paragraph (b), and the agency wants to make a
47.6 	broader disclosure, the agency may request the
47.7 	end-of-confinement review committee at the nearest state
47.8 	correctional or treatment facility to assign a risk level to the
47.9 	offender.  The agency shall provide to the committee all
47.10 	information concerning the offender's criminal history, the risk
47.11 	the offender poses to the community, and other relevant
47.12 	information.  In addition, the committee shall attempt to obtain
47.13 	other information relevant to determining which risk level to
47.14 	assign the offender.  Except as provided in this subdivision and
47.15 	unless clearly inapplicable, the provisions of subdivision 3
47.16 	govern the risk assessment under this paragraph.  If the
47.17 	committee assigns the offender to risk level III, the agency may
47.18 	disclose information in a manner consistent with a risk level
47.19 	III offender under subdivision 4, paragraph (b).
47.20 	
EFFECTIVE DATE. This section is effective August 1, 2005,
47.21 	and applies to offenders entering the state, released from
47.22 	confinement, subject to community notification, or sentenced on
47.23 	or after that date.

47.24 	Sec. 6. Minnesota Statutes 2004, section 244.052,
47.25 	subdivision 4, is amended to read:
47.26 		Subd. 4.Law enforcement agency; disclosure of
47.27 	information to public.  (a) The law enforcement agency in the
47.28 	area where the predatory offender resides, expects to reside, is
47.29 	employed, or is regularly found, shall disclose to the public
47.30 	any information regarding the offender contained in the report
47.31 	forwarded to the agency under subdivision 3, paragraph (f), that
47.32 	is relevant and necessary to protect the public and to
47.33 	counteract the offender's dangerousness, consistent with the
47.34 	guidelines in paragraph (b).  The extent of the information
47.35 	disclosed and the community to whom disclosure is made must
47.36 	relate to the level of danger posed by the offender, to the
48.1 	offender's pattern of offending behavior, and to the need of
48.2 	community members for information to enhance their individual
48.3 	and collective safety.
48.4 	(b) The law enforcement agency shall employ the following
48.5 	guidelines in determining the scope of disclosure made under
48.6 	this subdivision:
48.7 	(1) if the offender is assigned to risk level I, the agency
48.8 	may maintain information regarding the offender within the
48.9 	agency and may disclose it to other law enforcement agencies.
48.10 	Additionally, the agency may disclose the information to any
48.11 	victims of or witnesses to the offense committed by the
48.12 	offender. The agency shall disclose the information to victims
48.13 	of the offense committed by the offender who have requested
48.14 	disclosure and to adult members of the offender's immediate
48.15 	household;
48.16 	(2) if the offender is assigned to risk level II, the
48.17 	agency also may disclose the information to agencies and groups
48.18 	that the offender is likely to encounter for the purpose of
48.19 	securing those institutions and protecting individuals in their
48.20 	care while they are on or near the premises of the institution.
48.21 	These agencies and groups include the staff members of public
48.22 	and private educational institutions, day care establishments,
48.23 	and establishments and organizations that primarily serve
48.24 	individuals likely to be victimized by the offender.  The agency
48.25 	also may disclose the information to individuals the agency
48.26 	believes are likely to be victimized by the offender.  The
48.27 	agency's belief shall be based on the offender's pattern of
48.28 	offending or victim preference as documented in the information
48.29 	provided by the department of corrections or human services;
48.30 	(3) if the offender is assigned to risk level III, the
48.31 	agency shall disclose the information to the persons and
48.32 	entities described in clauses (1) and (2) and to other members
48.33 	of the community whom the offender is likely to encounter,
48.34 	unless the law enforcement agency determines that public safety
48.35 	would be compromised by the disclosure or that a more limited
48.36 	disclosure is necessary to protect the identity of the victim.
49.1 	Notwithstanding the assignment of a predatory offender to
49.2 	risk level II or III, a law enforcement agency may not make the
49.3 	disclosures permitted or required by clause (2) or (3), if:  the
49.4 	offender is placed or resides in a residential facility.
49.5 	However, if an offender is placed or resides in a residential
49.6 	facility, the offender and the head of the facility shall
49.7 	designate the offender's likely residence upon release from the
49.8 	facility and the head of the facility shall notify the
49.9 	commissioner of corrections or the commissioner of human
49.10 	services of the offender's likely residence at least 14 days
49.11 	before the offender's scheduled release date.  The commissioner
49.12 	shall give this information to the law enforcement agency having
49.13 	jurisdiction over the offender's likely residence.  The head of
49.14 	the residential facility also shall notify the commissioner of
49.15 	corrections or human services within 48 hours after finalizing
49.16 	the offender's approved relocation plan to a permanent
49.17 	residence.  Within five days after receiving this notification,
49.18 	the appropriate commissioner shall give to the appropriate law
49.19 	enforcement agency all relevant information the commissioner has
49.20 	concerning the offender, including information on the risk
49.21 	factors in the offender's history and the risk level to which
49.22 	the offender was assigned.  After receiving this information,
49.23 	the law enforcement agency shall make the disclosures permitted
49.24 	or required by clause (2) or (3), as appropriate.
49.25 	(c) As used in paragraph (b), clauses (2) and (3), "likely
49.26 	to encounter" means that:
49.27 	(1) the organizations or community members are in a
49.28 	location or in close proximity to a location where the offender
49.29 	lives or is employed, or which the offender visits or is likely
49.30 	to visit on a regular basis, other than the location of the
49.31 	offender's outpatient treatment program; and
49.32 	(2) the types of interaction which ordinarily occur at that
49.33 	location and other circumstances indicate that contact with the
49.34 	offender is reasonably certain.
49.35 	(d) A law enforcement agency or official who discloses
49.36 	information under this subdivision shall make a good faith
50.1 	effort to make the notification within 14 days of receipt of a
50.2 	confirmed address from the Department of Corrections indicating
50.3 	that the offender will be, or has been, released from
50.4 	confinement, or accepted for supervision, or has moved to a new
50.5 	address and will reside at the address indicated.  If a change
50.6 	occurs in the release plan, this notification provision does not
50.7 	require an extension of the release date.
50.8 	(e) A law enforcement agency or official who discloses
50.9 	information under this subdivision shall not disclose the
50.10 	identity or any identifying characteristics of the victims of or
50.11 	witnesses to the offender's offenses.
50.12 	(f) A law enforcement agency shall continue to disclose
50.13 	information on an offender as required by this subdivision for
50.14 	as long as the offender is required to register under section
50.15 	243.166. This requirement on a law enforcement agency to
50.16 	continue to disclose information also applies to an offender who
50.17 	lacks a primary address and is registering under section
50.18 	243.166, subdivision 3a.
50.19 	(g) A law enforcement agency that is disclosing information
50.20 	on an offender assigned to risk level III to the public under
50.21 	this subdivision shall inform the commissioner of corrections
50.22 	what information is being disclosed and forward this information
50.23 	to the commissioner within two days of the agency's
50.24 	determination.  The commissioner shall post this information on
50.25 	the Internet as required in subdivision 4b.
50.26 	(h) A city council may adopt a policy that addresses when
50.27 	information disclosed under this subdivision must be presented
50.28 	in languages in addition to English.  The policy may address
50.29 	when information must be presented orally, in writing, or both
50.30 	in additional languages by the law enforcement agency disclosing
50.31 	the information.  The policy may provide for different
50.32 	approaches based on the prevalence of non-English languages in
50.33 	different neighborhoods.
50.34 	
EFFECTIVE DATE. This section is effective August 1, 2005,
50.35 	and applies to offenders entering the state, released from
50.36 	confinement, subject to community notification, or sentenced on
51.1 	or after that date.

51.2 	Sec. 7. Minnesota Statutes 2004, section 244.10,
51.3 	subdivision 2a, is amended to read:
51.4 		Subd. 2a.Notice of information regarding predatory
51.5 	offenders.  (a) Subject to paragraph (b), in any case in which a
51.6 	person is convicted of an offense and the presumptive sentence
51.7 	under the Sentencing Guidelines is commitment to the custody of
51.8 	the commissioner of corrections, if the court grants a
51.9 	dispositional departure and stays imposition or execution of
51.10 	sentence, the probation or court services officer who is
51.11 	assigned to supervise the offender shall provide in writing to
51.12 	the following the fact that the offender is on probation and the
51.13 	terms and conditions of probation:
51.14 	(1) a victim of and any witnesses to the offense committed
51.15 	by the offender, if the victim or the witness has requested
51.16 	notice; and
51.17 	(2) the chief law enforcement officer in the area where the
51.18 	offender resides or intends to reside.
51.19 	The law enforcement officer, in consultation with the
51.20 	offender's probation officer, may provide all or part of this
51.21 	information to any of the following agencies or groups the
51.22 	offender is likely to encounter:  public and private educational
51.23 	institutions, day care establishments, and establishments or
51.24 	organizations that primarily serve individuals likely to be
51.25 	victimized by the offender. The law enforcement officer, in
51.26 	consultation with the offender's probation officer, also may
51.27 	disclose the information to individuals the officer believes are
51.28 	likely to be victimized by the offender.  The officer's belief
51.29 	shall be based on the offender's pattern of offending or victim
51.30 	preference as documented in the information provided by the
51.31 	Department of Corrections or Department of Human Services.
51.32 	The probation officer is not required under this
51.33 	subdivision to provide any notice while the offender is placed
51.34 	or resides in a residential facility that is licensed under
51.35 	section 245A.02, subdivision 14, or 241.021, if the facility
51.36 	staff is trained in the supervision of sex offenders.
52.1 	(b) Paragraph (a) applies only to offenders required to
52.2 	register under section 243.166, as a result of the conviction.
52.3 	(c) The notice authorized by paragraph (a) shall be limited
52.4 	to data classified as public under section 13.84, subdivision 6,
52.5 	unless the offender provides informed consent to authorize the
52.6 	release of nonpublic data or unless a court order authorizes the
52.7 	release of nonpublic data.
52.8 	(d) Nothing in this subdivision shall be interpreted to
52.9 	impose a duty on any person to use any information regarding an
52.10 	offender about whom notification is made under this subdivision.
52.11 	
EFFECTIVE DATE. This section is effective August 1, 2005,
52.12 	and applies to offenders entering the state, released from
52.13 	confinement, subject to community notification, or sentenced on
52.14 	or after that date.

52.15 	Sec. 8. Minnesota Statutes 2004, section 253B.18,
52.16 	subdivision 5, is amended to read:
52.17 		Subd. 5.Petition; notice of hearing; attendance; order.
 52.18 	(a) A petition for an order of transfer, discharge, provisional
52.19 	discharge, or revocation of provisional discharge shall be filed
52.20 	with the commissioner and may be filed by the patient or by the
52.21 	head of the treatment facility.  A patient may not petition the
52.22 	special review board for six months following commitment under
52.23 	subdivision 3 or following the final disposition of any previous
52.24 	petition and subsequent appeal by the patient.  The medical
52.25 	director may petition at any time.
52.26 	(b) Fourteen days prior to the hearing, the committing
52.27 	court, the county attorney of the county of commitment, the
52.28 	designated agency, interested person, the petitioner, and the
52.29 	petitioner's counsel shall be given written notice by the
52.30 	commissioner of the time and place of the hearing before the
52.31 	special review board.  Only those entitled to statutory notice
52.32 	of the hearing or those administratively required to attend may
52.33 	be present at the hearing.  The patient may designate interested
52.34 	persons to receive notice by providing the names and addresses
52.35 	to the commissioner at least 21 days before the hearing.  The
52.36 	board shall provide the commissioner with written findings of
53.1 	fact and recommendations within 21 days of the hearing.  The
53.2 	commissioner shall issue an order no later than 14 days after
53.3 	receiving the recommendation of the special review board.  A
53.4 	copy of the order shall be sent by certified mail to every
53.5 	person entitled to statutory notice of the hearing within five
53.6 	days after it is signed.  No order by the commissioner shall be
53.7 	effective sooner than 30 days after the order is signed, unless
53.8 	the county attorney, the patient, and the commissioner agree
53.9 	that it may become effective sooner.
53.10 	(c) The special review board shall hold a hearing on each
53.11 	petition prior to making its recommendation to the
53.12 	commissioner.  The special review board proceedings are not
53.13 	contested cases as defined in chapter 14.  Any person or agency
53.14 	receiving notice that submits documentary evidence to the
53.15 	special review board prior to the hearing shall also provide
53.16 	copies to the patient, the patient's counsel, the county
53.17 	attorney of the county of commitment, the case manager, and the
53.18 	commissioner.
53.19 	(d) Prior to the final decision by the commissioner, the
53.20 	special review board may be reconvened to consider events or
53.21 	circumstances that occurred subsequent to the hearing.
53.22 	(e) In making their recommendations and order, the special
53.23 	review board and commissioner must consider any statements
53.24 	received from victims under subdivision 5a.
53.25 	
EFFECTIVE DATE. This section is effective August 1, 2005.

53.26 	Sec. 9. Minnesota Statutes 2004, section 253B.18, is
53.27 	amended by adding a subdivision to read:
53.28 		Subd. 5a.Victim notification of petition and release;
53.29 	right to submit statement. (a) As used in this subdivision:
53.30 	(1) "crime" has the meaning given to "violent crime" in
53.31 	section 609.1095, and includes criminal sexual conduct in the
53.32 	fifth degree and offenses within the definition of "crime
53.33 	against the person" in section 253B.02, subdivision 4a, and also
53.34 	includes offenses listed in section 253B.02, subdivision 7a,
53.35 	paragraph (b), regardless of whether they are sexually
53.36 	motivated;
54.1 	(2) "victim" means a person who has incurred loss or harm
54.2 	as a result of a crime the behavior for which forms the basis
54.3 	for a commitment under this section or section 253B.185; and 
54.4 	(3) "convicted" and "conviction" have the meanings given in
54.5 	section 609.02, subdivision 5, and also include juvenile court
54.6 	adjudications, findings under Minnesota Rules of Criminal
54.7 	Procedure, Rule 20.02, that the elements of a crime have been
54.8 	proved, and findings in commitment cases under this section or
54.9 	section 253B.185 that an act or acts constituting a crime
54.10 	occurred.
54.11 	(b) A county attorney who files a petition to commit a
54.12 	person under this section or section 253B.185 shall make a
54.13 	reasonable effort to provide prompt notice of filing the
54.14 	petition to any victim of a crime for which the person was
54.15 	convicted.  In addition, the county attorney shall make a
54.16 	reasonable effort to promptly notify the victim of the
54.17 	resolution of the petition.
54.18 	(c) Before provisionally discharging, discharging, granting
54.19 	pass-eligible status, approving a pass plan, or otherwise
54.20 	permanently or temporarily releasing a person committed under
54.21 	this section or section 253B.185 from a treatment facility, the
54.22 	head of the treatment facility shall make a reasonable effort to
54.23 	notify any victim of a crime for which the person was convicted
54.24 	that the person may be discharged or released and that the
54.25 	victim has a right to submit a written statement regarding
54.26 	decisions of the medical director, special review board, or
54.27 	commissioner with respect to the person.  To the extent
54.28 	possible, the notice must be provided at least 14 days before
54.29 	any special review board hearing or before a determination on a
54.30 	pass plan.
54.31 	(d) This subdivision applies only to victims who have
54.32 	requested notification by contacting, in writing, the county
54.33 	attorney in the county where the conviction for the crime
54.34 	occurred.  A county attorney who receives a request for
54.35 	notification under this paragraph shall promptly forward the
54.36 	request to the commissioner of human services.
55.1 	(e) The rights under this subdivision are in addition to
55.2 	rights available to a victim under chapter 611A.  This provision
55.3 	does not give a victim all the rights of a "notified person" or
55.4 	a person "entitled to statutory notice" under subdivision 4a,
55.5 	4b, or 5.
55.6 	
EFFECTIVE DATE. This section is effective August 1, 2005.

55.7 	Sec. 10. [609.3456] USE OF POLYGRAPHS FOR SEX OFFENDERS
55.8 	ON PROBATION OR CONDITIONAL RELEASE.
55.9 	(a) A court may order as an intermediate sanction under
55.10 	section 609.135 and the commissioner of corrections may order as
55.11 	a condition of release under section 244.05 or 609.3455 that an
55.12 	offender under supervision for a sex offense submit to
55.13 	polygraphic examinations to ensure compliance with the terms of
55.14 	probation or conditions of release.
55.15 	(b) The court or commissioner may order the offender to pay
55.16 	all or a portion of the costs of the examinations.  The fee may
55.17 	be waived if the offender is indigent or if payment would result
55.18 	in an economic hardship to the offender's immediate family.

55.19 	EFFECTIVE DATE. This section is effective the day
55.20 	following final enactment.

55.21 	Sec. 11. PROTOCOL ON USE OF POLYGRAPHS.
 55.22 	By September 1, 2005, the chief justice of the Supreme
55.23 	Court, in consultation with the Conference of Chief Judges, is
55.24 	requested to develop a protocol for the use of polygraphic
55.25 	examinations for sex offenders placed on probation under
55.26 	Minnesota Statutes, section 609.3456.  This protocol shall be
55.27 	distributed to judges across the state.

55.28 	EFFECTIVE DATE. This section is effective the day
55.29 	following final enactment.

55.30 	Sec. 12. SUPREME COURT STUDY ON SEXUALLY DANGEROUS PERSON
55.31 	AND SEXUAL PSYCHOPATHIC PERSONALITY CIVIL COMMITMENTS.
 55.32 		Subdivision 1.Establishment. The Minnesota Supreme
55.33 	Court is requested to study the following related to the civil
55.34 	commitment of sexually dangerous persons and sexual psychopathic
55.35 	personalities under Minnesota Statutes, section 253B.185:
55.36 	(1) the development and use of a statewide panel of defense
56.1 	attorneys to represent those persons after a commitment petition
56.2 	is filed; and 
56.3 	(2) the development and use of a statewide panel of judges
56.4 	to hear these petitions.
56.5 		Subd. 2.Report. The Supreme Court shall report its
56.6 	findings and recommendations to the chairs and ranking minority
56.7 	members of the house of representatives and senate committees
56.8 	and divisions having jurisdiction over criminal justice and
56.9 	civil law policy and funding by February 1, 2006.
56.10 	
EFFECTIVE DATE. This section is effective the day
56.11 	following final enactment.

56.12 	Sec. 13. REVISOR INSTRUCTION.
 56.13 	The revisor of statutes shall change all references to
56.14 	section 243.166, subdivision 1, in Minnesota Statutes to section
56.15 	243.166.  In addition, the revisor shall make other technical
56.16 	changes necessitated by this article.

56.17 	EFFECTIVE DATE. This section is effective August 1, 2005.

56.18 	Sec. 14. REPEALER.
 56.19 	Minnesota Statutes 2004, section 243.166, subdivisions 1
56.20 	and 8, are repealed.

56.21 	EFFECTIVE DATE. This section is effective August 1, 2005.

56.22 	ARTICLE 3
56.23 	LEGISLATIVE AUDITOR'S RECOMMENDED CHANGES

56.24 	Section 1. Minnesota Statutes 2004, section 241.06, is
56.25 	amended to read:
56.26 	241.06 RECORD OF INMATES; DEPARTMENT OF CORRECTIONS.
56.27 		Subdivision 1.General. The commissioner of corrections
56.28 	shall keep in the commissioner's office, accessible only by the
56.29 	commissioner's consent or on the order of a judge or court of
56.30 	record, a record showing the residence, sex, age, nativity,
56.31 	occupation, civil condition, and date of entrance or commitment
56.32 	of every person, inmate, or convict in the facilities under the
56.33 	commissioner's exclusive control, the date of discharge and
56.34 	whether such discharge was final, the condition of such person
56.35 	when the person left the facility, and the date and cause of all
56.36 	deaths.  The records shall state every transfer from one
57.1 	facility to another, naming each.  This information shall be
57.2 	furnished to the commissioner of corrections by each facility,
57.3 	with such other obtainable facts as the commissioner may from
57.4 	time to time require.  The chief executive officer of each such
57.5 	facility, within ten days after the commitment or entrance
57.6 	thereto of a person, inmate, or convict, shall cause a true copy
57.7 	of the entrance record to be forwarded to the commissioner of
57.8 	corrections.  When a person, inmate, or convict leaves, is
57.9 	discharged or transferred, or dies in any facility, the chief
57.10 	executive officer, or other person in charge shall inform the
57.11 	commissioner of corrections within ten days thereafter on forms
57.12 	furnished by the commissioner.
57.13 	The commissioner of corrections may authorize the chief
57.14 	executive officer of any facility under the commissioner's
57.15 	control to release to probation officers, local social services
57.16 	agencies or other specifically designated interested persons or
57.17 	agencies any information regarding any person, inmate, or
57.18 	convict thereat, if, in the opinion of the commissioner, it will
57.19 	be for the benefit of the person, inmate, or convict.
57.20 		Subd. 2.Sex offender information provided to supervising
57.21 	corrections agency. When an offender who is required to
57.22 	register as a predatory offender under section 243.166 is being
57.23 	released from prison, the commissioner shall provide to the
57.24 	corrections agency that will supervise the offender, the
57.25 	offender's prison records relating to psychological assessments,
57.26 	medical and mental health issues, and treatment.
57.27 	
EFFECTIVE DATE. This section is effective August 1, 2005.

57.28 	Sec. 2. Minnesota Statutes 2004, section 241.67,
57.29 	subdivision 7, is amended to read:
57.30 		Subd. 7.Funding priority; program effectiveness.  (a)
57.31 	Unless otherwise directed by the terms of a particular
57.32 	appropriations provision, the commissioner shall give priority
57.33 	to the funding of juvenile sex offender programs over the
57.34 	funding of adult sex offender programs.
57.35 	(b) Every county or private sex offender program that seeks
57.36 	new or continued state funding or reimbursement shall provide
58.1 	the commissioner with any information relating to the program's
58.2 	effectiveness that the commissioner considers necessary.  The
58.3 	commissioner shall deny state funding or reimbursement to any
58.4 	county or private program that fails to provide this information
58.5 	or that appears to be an ineffective program.
58.6 	
EFFECTIVE DATE. This section is effective August 1, 2005.

58.7 	Sec. 3. Minnesota Statutes 2004, section 241.67,
58.8 	subdivision 8, is amended to read:
58.9 		Subd. 8.Community-based sex offender program evaluation
58.10 	project.  (a) For the purposes of this project subdivision, a
58.11 	sex offender is an adult who has been convicted, or a juvenile
58.12 	who has been adjudicated, for a sex offense or a sex-related
58.13 	offense which would require registration under section 243.166.
58.14 	(b) The commissioner shall develop a long-term project to
58.15 	accomplish the following:
58.16 	(1) provide collect follow-up information on each sex
58.17 	offender for a period of three years following the offender's
58.18 	completion of or termination from treatment for the purpose of
58.19 	providing periodic reports to the legislature;
58.20 	(2) provide treatment programs in several geographical
58.21 	areas in the state;
58.22 	(3) provide the necessary data to form the basis to
58.23 	recommend a fiscally sound plan to provide a coordinated
58.24 	statewide system of effective sex offender treatment
58.25 	programming; and
58.26 	(4) provide an opportunity to local and regional
58.27 	governments, agencies, and programs to establish models of sex
58.28 	offender programs that are suited to the needs of that region.
58.29 	(c) The commissioner shall establish an advisory task force
58.30 	consisting of county probation officers from Community
58.31 	Corrections Act counties and other counties, court services
58.32 	providers, and other interested officials.  The commissioner
58.33 	shall consult with the task force concerning the establishment
58.34 	and operation of the project on how best to implement the
58.35 	requirements of this subdivision.
58.36 	
EFFECTIVE DATE. This section is effective August 1, 2005.

59.1 	Sec. 4. Minnesota Statutes 2004, section 243.166, is
59.2 	amended by adding a subdivision to read:
59.3 		Subd. 4b.Health care facility; notice of status. (a) As
59.4 	used in this subdivision, "health care facility" means a
59.5 	hospital or other entity licensed under sections 144.50 to
59.6 	144.58, a nursing home licensed to serve adults under section
59.7 	144A.02, or a group residential housing facility or an
59.8 	intermediate care facility for the mentally retarded licensed
59.9 	under chapter 245A.
59.10 	(b) Upon admittance to a health care facility, a person
59.11 	required to register under this section shall disclose to:
59.12 	(1) the health care facility employee processing the
59.13 	admission the person's status as a registered predatory offender
59.14 	under this section; and 
59.15 	(2) the person's corrections agent, or if the person does
59.16 	not have an assigned corrections agent, the law enforcement
59.17 	authority with whom the person is currently required to
59.18 	register, that inpatient admission has occurred.
59.19 	(c) A law enforcement authority or corrections agent who
59.20 	receives notice under paragraph (b) or who knows that a person
59.21 	required to register under this section has been admitted and is
59.22 	receiving health care at a health care facility shall notify the
59.23 	administrator of the facility.
59.24 	
EFFECTIVE DATE. This section is effective August 1, 2005,
59.25 	and applies to persons who are subject to predatory offender
59.26 	registration on or after that date.

59.27 	Sec. 5. [244.056] SEX OFFENDER SEEKING HOUSING IN
59.28 	JURISDICTION OF DIFFERENT CORRECTIONS AGENCY.
59.29 	If a corrections agency supervising an offender who is
59.30 	required to register as a predatory offender under section
59.31 	243.166 and who is classified by the department as a public risk
59.32 	monitoring case has knowledge that the offender is seeking
59.33 	housing arrangements in a location under the jurisdiction of
59.34 	another corrections agency, the agency shall notify the other
59.35 	agency of this and initiate a supervision transfer request.

59.36 	EFFECTIVE DATE. This section is effective August 1, 2005.

60.1 	Sec. 6. [244.057] PLACEMENT OF SEX OFFENDER IN HOUSEHOLD
60.2 	WITH CHILDREN.
60.3 	A corrections agency supervising an offender required to
60.4 	register as a predatory offender under section 243.166 shall
60.5 	notify the appropriate child protection agency before
60.6 	authorizing the offender to live in a household where children
60.7 	are residing.

60.8 	EFFECTIVE DATE. This section is effective August 1, 2005.

60.9 	Sec. 7. Minnesota Statutes 2004, section 609.3452,
60.10 	subdivision 1, is amended to read:
60.11 		Subdivision 1.Assessment required.  When a person is
60.12 	convicted of a sex offense, the court shall order an independent
60.13 	professional assessment of the offender's need for sex offender
60.14 	treatment to be completed before sentencing.  The court may
60.15 	waive the assessment if:  (1) the Sentencing Guidelines provide
60.16 	a presumptive prison sentence for the offender, or (2) an
60.17 	adequate assessment was conducted prior to the conviction.  An
60.18 	assessor providing an assessment for the court must be
60.19 	experienced in the evaluation and treatment of sex offenders.
60.20 	
EFFECTIVE DATE. This section is effective August 1, 2005.

60.21 	Sec. 8. Minnesota Statutes 2004, section 626.556,
60.22 	subdivision 3, is amended to read:
60.23 		Subd. 3.Persons mandated to report.  (a) A person who
60.24 	knows or has reason to believe a child is being neglected or
60.25 	physically or sexually abused, as defined in subdivision 2, or
60.26 	has been neglected or physically or sexually abused within the
60.27 	preceding three years, shall immediately report the information
60.28 	to the local welfare agency, agency responsible for assessing or
60.29 	investigating the report, police department, or the county
60.30 	sheriff if the person is:
60.31 	(1) a professional or professional's delegate who is
60.32 	engaged in the practice of the healing arts, social services,
60.33 	hospital administration, psychological or psychiatric treatment,
60.34 	child care, education, correctional supervision,or law
60.35 	enforcement; or
60.36 	(2) employed as a member of the clergy and received the
61.1 	information while engaged in ministerial duties, provided that a
61.2 	member of the clergy is not required by this subdivision to
61.3 	report information that is otherwise privileged under section
61.4 	595.02, subdivision 1, paragraph (c).
61.5 	The police department or the county sheriff, upon receiving
61.6 	a report, shall immediately notify the local welfare agency or
61.7 	agency responsible for assessing or investigating the report,
61.8 	orally and in writing.  The local welfare agency, or agency
61.9 	responsible for assessing or investigating the report, upon
61.10 	receiving a report, shall immediately notify the local police
61.11 	department or the county sheriff orally and in writing.  The
61.12 	county sheriff and the head of every local welfare agency,
61.13 	agency responsible for assessing or investigating reports, and
61.14 	police department shall each designate a person within their
61.15 	agency, department, or office who is responsible for ensuring
61.16 	that the notification duties of this paragraph and paragraph (b)
61.17 	are carried out.  Nothing in this subdivision shall be construed
61.18 	to require more than one report from any institution, facility,
61.19 	school, or agency.
61.20 	(b) Any person may voluntarily report to the local welfare
61.21 	agency, agency responsible for assessing or investigating the
61.22 	report, police department, or the county sheriff if the person
61.23 	knows, has reason to believe, or suspects a child is being or
61.24 	has been neglected or subjected to physical or sexual abuse.
61.25 	The police department or the county sheriff, upon receiving a
61.26 	report, shall immediately notify the local welfare agency or
61.27 	agency responsible for assessing or investigating the report,
61.28 	orally and in writing.  The local welfare agency or agency
61.29 	responsible for assessing or investigating the report, upon
61.30 	receiving a report, shall immediately notify the local police
61.31 	department or the county sheriff orally and in writing.
61.32 	(c) A person mandated to report physical or sexual child
61.33 	abuse or neglect occurring within a licensed facility shall
61.34 	report the information to the agency responsible for licensing
61.35 	the facility under sections 144.50 to 144.58; 241.021; 245A.01
61.36 	to 245A.16; or chapter 245B; or a nonlicensed personal care
62.1 	provider organization as defined in sections 256B.04,
62.2 	subdivision 16; and 256B.0625, subdivision 19.  A health or
62.3 	corrections agency receiving a report may request the local
62.4 	welfare agency to provide assistance pursuant to subdivisions
62.5 	10, 10a, and 10b.  A board or other entity whose licensees
62.6 	perform work within a school facility, upon receiving a
62.7 	complaint of alleged maltreatment, shall provide information
62.8 	about the circumstances of the alleged maltreatment to the
62.9 	commissioner of education.  Section 13.03, subdivision 4,
62.10 	applies to data received by the commissioner of education from a
62.11 	licensing entity.
62.12 	(d) Any person mandated to report shall receive a summary
62.13 	of the disposition of any report made by that reporter,
62.14 	including whether the case has been opened for child protection
62.15 	or other services, or if a referral has been made to a community
62.16 	organization, unless release would be detrimental to the best
62.17 	interests of the child.  Any person who is not mandated to
62.18 	report shall, upon request to the local welfare agency, receive
62.19 	a concise summary of the disposition of any report made by that
62.20 	reporter, unless release would be detrimental to the best
62.21 	interests of the child.
62.22 	(e) For purposes of this subdivision, "immediately" means
62.23 	as soon as possible but in no event longer than 24 hours.
62.24 	
EFFECTIVE DATE. This section is effective August 1, 2005.

62.25 	Sec. 9. WORKING GROUP ON SEX OFFENDER MANAGEMENT.
 62.26 		Subdivision 1.Working group established. The
62.27 	commissioner of corrections shall convene a working group of
62.28 	individuals knowledgeable in the supervision and treatment of
62.29 	sex offenders.  The group must include individuals from both
62.30 	inside and outside of the Department of Corrections.  The
62.31 	commissioner shall ensure broad representation in the group,
62.32 	including representatives from all three probation systems and
62.33 	from diverse parts of the state.  The working group shall study
62.34 	and make recommendations on the issues listed in this section.
62.35 	To the degree feasible, the group shall consider how these
62.36 	issues are addressed in other states.
63.1 		Subd. 2.Issues to be studied. The working group shall
63.2 	review and make recommendations on:
63.3 	(1) statewide standards regarding the minimum frequency of
63.4 	in-person contacts between sex offenders and their correctional
63.5 	agents, including, but not limited to, home visits;
63.6 	(2) a model set of special conditions of sex offender
63.7 	supervision that can be used by courts and corrections agencies
63.8 	throughout Minnesota;
63.9 	(3) statewide standards regarding the documentation by
63.10 	correctional agents of their supervision activities;
63.11 	(4) standards to provide corrections agencies with guidance
63.12 	regarding sex offender assessment practices;
63.13 	(5) policies that encourage sentencing conditions and
63.14 	prison release plans to clearly distinguish between sex offender
63.15 	treatment programs and other types of programs and services and
63.16 	to clearly specify which type of program the offender is
63.17 	required to complete;
63.18 	(6) ways to improve the Department of Corrections' prison
63.19 	release planning practices for sex offenders;
63.20 	(7) methods and timetables for periodic external reviews of
63.21 	sex offender supervision practices;
63.22 	(8) statewide standards for the use of polygraphs by
63.23 	corrections agencies and sex offender treatment programs;
63.24 	(9) statewide standards specifying basic program elements
63.25 	for community-based sex offender treatment programs, including,
63.26 	but not limited to, staff qualifications, case planning, use of
63.27 	polygraphs, and progress reports prepared for supervising
63.28 	agencies;
63.29 	(10) a statewide protocol on the sharing of sex offender
63.30 	information between corrections agencies and child protection
63.31 	agencies in situations where offenders are placed in households
63.32 	where children reside; and 
63.33 	(11) any other issues related to sex offender treatment and
63.34 	management that the working group deems appropriate.
63.35 		Subd. 3.Review of new laws. The working group shall
63.36 	also review the provisions of any laws enacted in 2005 relating
64.1 	to sex offender supervision and treatment.  The group shall make
64.2 	recommendations on whether any changes to these provisions
64.3 	should be considered by the legislature.
64.4 		Subd. 4.Report. By February 15, 2006, the working group
64.5 	shall report its recommendations to the chairs and ranking
64.6 	minority members of the senate and house committees having
64.7 	jurisdiction over criminal justice policy.
64.8 		Subd. 5.Policies required. After considering the
64.9 	recommendations of the working group, the commissioner of
64.10 	corrections shall implement policies and standards relating to
64.11 	the issues described in subdivision 2 over which the
64.12 	commissioner has jurisdiction.
64.13 	
EFFECTIVE DATE. This section is effective the day
64.14 	following final enactment.

64.15 	Sec. 10. PRISON-BASED SEX OFFENDER TREATMENT PROGRAMS;
64.16 	REPORT.
 64.17 	By February 1, 2006, the commissioner of corrections shall
64.18 	report to the chairs and ranking minority members of the senate
64.19 	and house committees having jurisdiction over criminal justice
64.20 	policy on prison-based sex offender treatment programs.  The
64.21 	report must:
64.22 	(1) examine options for increasing the number of inmates
64.23 	participating in these programs;
64.24 	(2) examine the adequacy of funding for these programs;
64.25 	(3) examine options for treating inmates who have limited
64.26 	periods of time remaining in their terms of imprisonment;
64.27 	(4) examine the merits and limitations of extending an
64.28 	inmate's term of imprisonment for refusing to participate in
64.29 	treatment; and 
64.30 	(5) examine any other related issues deemed relevant by the
64.31 	commissioner.

64.32 	ARTICLE 4
64.33 	SEX OFFENDERS:
64.34 	TECHNICAL AND CONFORMING CHANGES

64.35 	Section 1. Minnesota Statutes 2004, section 14.03,
64.36 	subdivision 3, is amended to read:
65.1 		Subd. 3.Rulemaking procedures.  (a) The definition of a
65.2 	rule in section 14.02, subdivision 4, does not include:
65.3 	(1) rules concerning only the internal management of the
65.4 	agency or other agencies that do not directly affect the rights
65.5 	of or procedures available to the public;
65.6 	(2) an application deadline on a form; and the remainder of
65.7 	a form and instructions for use of the form to the extent that
65.8 	they do not impose substantive requirements other than
65.9 	requirements contained in statute or rule;
65.10 	(3) the curriculum adopted by an agency to implement a
65.11 	statute or rule permitting or mandating minimum educational
65.12 	requirements for persons regulated by an agency, provided the
65.13 	topic areas to be covered by the minimum educational
65.14 	requirements are specified in statute or rule;
65.15 	(4) procedures for sharing data among government agencies,
65.16 	provided these procedures are consistent with chapter 13 and
65.17 	other law governing data practices.
65.18 	(b) The definition of a rule in section 14.02, subdivision
65.19 	4, does not include:
65.20 	(1) rules of the commissioner of corrections relating to
65.21 	the release,placement, term,and supervision of inmates serving
65.22 	a supervised release or conditional release term, the internal
65.23 	management of institutions under the commissioner's control, and
65.24 	rules adopted under section 609.105 governing the inmates of
65.25 	those institutions;
65.26 	(2) rules relating to weight limitations on the use of
65.27 	highways when the substance of the rules is indicated to the
65.28 	public by means of signs;
65.29 	(3) opinions of the attorney general;
65.30 	(4) the data element dictionary and the annual data
65.31 	acquisition calendar of the Department of Education to the
65.32 	extent provided by section 125B.07;
65.33 	(5) the occupational safety and health standards provided
65.34 	in section 182.655;
65.35 	(6) revenue notices and tax information bulletins of the
65.36 	commissioner of revenue;
66.1 	(7) uniform conveyancing forms adopted by the commissioner
66.2 	of commerce under section 507.09; or
66.3 	(8) the interpretive guidelines developed by the
66.4 	commissioner of human services to the extent provided in chapter
66.5 	245A.
66.6 	
EFFECTIVE DATE. This section is effective August 1, 2005,
66.7 	and applies to crimes committed on or after that date.

66.8 	Sec. 2. Minnesota Statutes 2004, section 244.05,
66.9 	subdivision 7, is amended to read:
66.10 		Subd. 7.Sex offenders; civil commitment determination.
 66.11 	(a) Before the commissioner releases from prison any inmate
66.12 	convicted under sections section 609.342 to , 609.343, 609.344,
66.13 	609.345, or 609.3453,or sentenced as a patterned offender under
66.14 	section 609.108, and determined by the commissioner to be in a
66.15 	high risk category, the commissioner shall make a preliminary
66.16 	determination whether, in the commissioner's opinion, a petition
66.17 	under section 253B.185 may be appropriate.
66.18 	(b) In making this decision, the commissioner shall have
66.19 	access to the following data only for the purposes of the
66.20 	assessment and referral decision:
66.21 	(1) private medical data under section 13.384 or 144.335,
66.22 	or welfare data under section 13.46 that relate to medical
66.23 	treatment of the offender;
66.24 	(2) private and confidential court services data under
66.25 	section 13.84;
66.26 	(3) private and confidential corrections data under section
66.27 	13.85; and
66.28 	(4) private criminal history data under section 13.87.
66.29 	(c) If the commissioner determines that a petition may be
66.30 	appropriate, the commissioner shall forward this determination,
66.31 	along with a summary of the reasons for the determination, to
66.32 	the county attorney in the county where the inmate was convicted
66.33 	no later than 12 months before the inmate's release date.  If
66.34 	the inmate is received for incarceration with fewer than 12
66.35 	months remaining in the inmate's term of imprisonment, or if the
66.36 	commissioner receives additional information less than 12 months
67.1 	before release which makes the inmate's case appropriate for
67.2 	referral, the commissioner shall forward the determination as
67.3 	soon as is practicable.  Upon receiving the commissioner's
67.4 	preliminary determination, the county attorney shall proceed in
67.5 	the manner provided in section 253B.185.  The commissioner shall
67.6 	release to the county attorney all requested documentation
67.7 	maintained by the department.
67.8 	
EFFECTIVE DATE. This section is effective August 1, 2005,
67.9 	and applies to crimes committed on or after that date.

67.10 	Sec. 3. Minnesota Statutes 2004, section 244.052,
67.11 	subdivision 3, is amended to read:
67.12 		Subd. 3.End-of-confinement review committee.  (a) The
67.13 	commissioner of corrections shall establish and administer
67.14 	end-of-confinement review committees at each state correctional
67.15 	facility and at each state treatment facility where predatory
67.16 	offenders are confined.  The committees shall assess on a
67.17 	case-by-case basis the public risk posed by predatory offenders
67.18 	who are about to be released from confinement.
67.19 	(b) Each committee shall be a standing committee and shall
67.20 	consist of the following members appointed by the commissioner:
67.21 	(1) the chief executive officer or head of the correctional
67.22 	or treatment facility where the offender is currently confined,
67.23 	or that person's designee;
67.24 	(2) a law enforcement officer;
67.25 	(3) a treatment professional who is trained in the
67.26 	assessment of sex offenders;
67.27 	(4) a caseworker experienced in supervising sex offenders;
67.28 	and
67.29 	(5) a victim's services professional.
67.30 	Members of the committee, other than the facility's chief
67.31 	executive officer or head, shall be appointed by the
67.32 	commissioner to two-year terms.  The chief executive officer or
67.33 	head of the facility or designee shall act as chair of the
67.34 	committee and shall use the facility's staff, as needed, to
67.35 	administer the committee, obtain necessary information from
67.36 	outside sources, and prepare risk assessment reports on
68.1 	offenders.
68.2 	(c) The committee shall have access to the following data
68.3 	on a predatory offender only for the purposes of its assessment
68.4 	and to defend the committee's risk assessment determination upon
68.5 	administrative review under this section:
68.6 	(1) private medical data under section 13.384 or 144.335,
68.7 	or welfare data under section 13.46 that relate to medical
68.8 	treatment of the offender;
68.9 	(2) private and confidential court services data under
68.10 	section 13.84;
68.11 	(3) private and confidential corrections data under section
68.12 	13.85; and
68.13 	(4) private criminal history data under section 13.87.
68.14 	Data collected and maintained by the committee under this
68.15 	paragraph may not be disclosed outside the committee, except as
68.16 	provided under section 13.05, subdivision 3 or 4.  The predatory
68.17 	offender has access to data on the offender collected and
68.18 	maintained by the committee, unless the data are confidential
68.19 	data received under this paragraph.
68.20 	(d)(i) Except as otherwise provided in item items (ii),
68.21 	(iii), and (iv), at least 90 days before a predatory offender is
68.22 	to be released from confinement, the commissioner of corrections
68.23 	shall convene the appropriate end-of-confinement review
68.24 	committee for the purpose of assessing the risk presented by the
68.25 	offender and determining the risk level to which the offender
68.26 	shall be assigned under paragraph (e).  The offender and the law
68.27 	enforcement agency that was responsible for the charge resulting
68.28 	in confinement shall be notified of the time and place of the
68.29 	committee's meeting.  The offender has a right to be present and
68.30 	be heard at the meeting.  The law enforcement agency may provide
68.31 	material in writing that is relevant to the offender's risk
68.32 	level to the chair of the committee.  The committee shall use
68.33 	the risk factors described in paragraph (g) and the risk
68.34 	assessment scale developed under subdivision 2 to determine the
68.35 	offender's risk assessment score and risk level.  Offenders
68.36 	scheduled for release from confinement shall be assessed by the
69.1 	committee established at the facility from which the offender is
69.2 	to be released.
69.3 	(ii) If an offender is received for confinement in a
69.4 	facility with less than 90 days remaining in the offender's term
69.5 	of confinement, the offender's risk shall be assessed at the
69.6 	first regularly scheduled end of confinement review committee
69.7 	that convenes after the appropriate documentation for the risk
69.8 	assessment is assembled by the committee.  The commissioner
69.9 	shall make reasonable efforts to ensure that offender's risk is
69.10 	assessed and a risk level is assigned or reassigned at least 30
69.11 	days before the offender's release date.
69.12 	(iii) If the offender is subject to a mandatory life
69.13 	sentence under section 609.342, subdivision 2, paragraph (b), or
69.14 	609.3455, the commissioner of corrections shall convene the
69.15 	appropriate end-of-confinement review committee at least nine
69.16 	months before the offender's minimum term of imprisonment has
69.17 	been served.  If the offender is received for confinement in a
69.18 	facility with less than nine months remaining before the
69.19 	offender's minimum term of imprisonment has been served, the
69.20 	committee shall conform its procedures to those outlined in item
69.21 	(ii) to the extent practicable.
69.22 	(iv) If the offender is granted supervised release, the
69.23 	commissioner of corrections shall notify the appropriate
69.24 	end-of-confinement review committee that it needs to review the
69.25 	offender's previously determined risk level at its next
69.26 	regularly scheduled meeting.  The commissioner shall make
69.27 	reasonable efforts to ensure that the offender's earlier risk
69.28 	level determination is reviewed and the risk level is confirmed
69.29 	or reassigned at least 60 days before the offender's release
69.30 	date.  The committee shall give the report to the offender and
69.31 	to the law enforcement agency at least 60 days before an
69.32 	offender is released from confinement.
69.33 	(e) The committee shall assign to risk level I a predatory
69.34 	offender whose risk assessment score indicates a low risk of
69.35 	reoffense.  The committee shall assign to risk level II an
69.36 	offender whose risk assessment score indicates a moderate risk
70.1 	of reoffense.  The committee shall assign to risk level III an
70.2 	offender whose risk assessment score indicates a high risk of
70.3 	reoffense.
70.4 	(f) Before the predatory offender is released from
70.5 	confinement, the committee shall prepare a risk assessment
70.6 	report which specifies the risk level to which the offender has
70.7 	been assigned and the reasons underlying the committee's risk
70.8 	assessment decision. Except for an offender subject to a
70.9 	mandatory life sentence under section 609.342, subdivision 2,
70.10 	paragraph (b), or 609.3455, who has not been granted supervised
70.11 	release,the committee shall give the report to the offender and
70.12 	to the law enforcement agency at least 60 days before an
70.13 	offender is released from confinement. If the offender is
70.14 	subject to a mandatory life sentence and has not yet served the
70.15 	entire minimum term of imprisonment, the committee shall give
70.16 	the report to the offender and to the commissioner at least six
70.17 	months before the offender is first eligible for release.If
70.18 	the risk assessment is performed under the circumstances
70.19 	described in paragraph (d), item (ii), the report shall be given
70.20 	to the offender and the law enforcement agency as soon as it is
70.21 	available.  The committee also shall inform the offender of the
70.22 	availability of review under subdivision 6.
70.23 	(g) As used in this subdivision, "risk factors" includes,
70.24 	but is not limited to, the following factors:
70.25 	(1) the seriousness of the offense should the offender
70.26 	reoffend.  This factor includes consideration of the following:
70.27 	(i) the degree of likely force or harm;
70.28 	(ii) the degree of likely physical contact; and
70.29 	(iii) the age of the likely victim;
70.30 	(2) the offender's prior offense history.  This factor
70.31 	includes consideration of the following:
70.32 	(i) the relationship of prior victims to the offender;
70.33 	(ii) the number of prior offenses or victims;
70.34 	(iii) the duration of the offender's prior offense history;
70.35 	(iv) the length of time since the offender's last prior
70.36 	offense while the offender was at risk to commit offenses; and
71.1 	(v) the offender's prior history of other antisocial acts;
71.2 	(3) the offender's characteristics.  This factor includes
71.3 	consideration of the following:
71.4 	(i) the offender's response to prior treatment efforts; and
71.5 	(ii) the offender's history of substance abuse;
71.6 	(4) the availability of community supports to the offender.
71.7 	This factor includes consideration of the following:
71.8 	(i) the availability and likelihood that the offender will
71.9 	be involved in therapeutic treatment;
71.10 	(ii) the availability of residential supports to the
71.11 	offender, such as a stable and supervised living arrangement in
71.12 	an appropriate location;
71.13 	(iii) the offender's familial and social relationships,
71.14 	including the nature and length of these relationships and the
71.15 	level of support that the offender may receive from these
71.16 	persons; and
71.17 	(iv) the offender's lack of education or employment
71.18 	stability;
71.19 	(5) whether the offender has indicated or credible evidence
71.20 	in the record indicates that the offender will reoffend if
71.21 	released into the community; and
71.22 	(6) whether the offender demonstrates a physical condition
71.23 	that minimizes the risk of reoffense, including but not limited
71.24 	to, advanced age or a debilitating illness or physical condition.
71.25 	(h) Upon the request of the law enforcement agency or the
71.26 	offender's corrections agent, the commissioner may reconvene the
71.27 	end-of-confinement review committee for the purpose of
71.28 	reassessing the risk level to which an offender has been
71.29 	assigned under paragraph (e).  In a request for a reassessment,
71.30 	the law enforcement agency which was responsible for the charge
71.31 	resulting in confinement or agent shall list the facts and
71.32 	circumstances arising after the initial assignment or facts and
71.33 	circumstances known to law enforcement or the agent but not
71.34 	considered by the committee under paragraph (e) which support
71.35 	the request for a reassessment.  The request for reassessment by
71.36 	the law enforcement agency must occur within 30 days of receipt
72.1 	of the report indicating the offender's risk level assignment.
72.2 	The offender's corrections agent, in consultation with the chief
72.3 	law enforcement officer in the area where the offender resides
72.4 	or intends to reside, may request a review of a risk level at
72.5 	any time if substantial evidence exists that the offender's risk
72.6 	level should be reviewed by an end-of-confinement review
72.7 	committee.  This evidence includes, but is not limited to,
72.8 	evidence of treatment failures or completions, evidence of
72.9 	exceptional crime-free community adjustment or lack of
72.10 	appropriate adjustment, evidence of substantial community need
72.11 	to know more about the offender or mitigating circumstances that
72.12 	would narrow the proposed scope of notification, or other
72.13 	practical situations articulated and based in evidence of the
72.14 	offender's behavior while under supervision.  Upon review of the
72.15 	request, the end-of-confinement review committee may reassign an
72.16 	offender to a different risk level.  If the offender is
72.17 	reassigned to a higher risk level, the offender has the right to
72.18 	seek review of the committee's determination under subdivision 6.
72.19 	(i) An offender may request the end-of-confinement review
72.20 	committee to reassess the offender's assigned risk level after
72.21 	three years have elapsed since the committee's initial risk
72.22 	assessment and may renew the request once every two years
72.23 	following subsequent denials.  In a request for reassessment,
72.24 	the offender shall list the facts and circumstances which
72.25 	demonstrate that the offender no longer poses the same degree of
72.26 	risk to the community.  In order for a request for a risk level
72.27 	reduction to be granted, the offender must demonstrate full
72.28 	compliance with supervised release conditions, completion of
72.29 	required post-release treatment programming, and full compliance
72.30 	with all registration requirements as detailed in section
72.31 	243.166.  The offender must also not have been convicted of any
72.32 	felony, gross misdemeanor, or misdemeanor offenses subsequent to
72.33 	the assignment of the original risk level.  The committee shall
72.34 	follow the process outlined in paragraphs (a) to (c) in the
72.35 	reassessment.  An offender who is incarcerated may not request a
72.36 	reassessment under this paragraph.
73.1 	(j) Offenders returned to prison as release violators shall
73.2 	not have a right to a subsequent risk reassessment by the
73.3 	end-of-confinement review committee unless substantial evidence
73.4 	indicates that the offender's risk to the public has increased.
73.5 	(k) The commissioner shall establish an end-of-confinement
73.6 	review committee to assign a risk level to offenders who are
73.7 	released from a federal correctional facility in Minnesota or
73.8 	another state and who intend to reside in Minnesota, and to
73.9 	offenders accepted from another state under a reciprocal
73.10 	agreement for parole supervision under the interstate compact
73.11 	authorized by section 243.16.  The committee shall make
73.12 	reasonable efforts to conform to the same timelines as applied
73.13 	to Minnesota cases.  Offenders accepted from another state under
73.14 	a reciprocal agreement for probation supervision are not
73.15 	assigned a risk level, but are considered downward dispositional
73.16 	departures.  The probation or court services officer and law
73.17 	enforcement officer shall manage such cases in accordance with
73.18 	section 244.10, subdivision 2a.  The policies and procedures of
73.19 	the committee for federal offenders and interstate compact cases
73.20 	must be in accordance with all requirements as set forth in this
73.21 	section, unless restrictions caused by the nature of federal or
73.22 	interstate transfers prevents such conformance.
73.23 	(l) If the committee assigns a predatory offender to risk
73.24 	level III, the committee shall determine whether residency
73.25 	restrictions shall be included in the conditions of the
73.26 	offender's release based on the offender's pattern of offending
73.27 	behavior.
73.28 	
EFFECTIVE DATE. This section is effective August 1, 2005,
73.29 	and applies to crimes committed on or after that date.

73.30 	Sec. 4. Minnesota Statutes 2004, section 609.109,
73.31 	subdivision 2, is amended to read:
73.32 		Subd. 2.Presumptive executed sentence.  Except as
73.33 	provided in subdivision 3 or 4, if a person is convicted under
73.34 	sections 609.342 to 609.345 609.3453, within 15 years of a
73.35 	previous sex offense conviction, the court shall commit the
73.36 	defendant to the commissioner of corrections for not less than
74.1 	three years, nor more than the maximum sentence provided by law
74.2 	for the offense for which convicted, notwithstanding the
74.3 	provisions of sections 242.19, 243.05, 609.11, 609.12, and
74.4 	609.135.  The court may stay the execution of the sentence
74.5 	imposed under this subdivision only if it finds that a
74.6 	professional assessment indicates the offender is accepted by
74.7 	and can respond to treatment at a long-term inpatient program
74.8 	exclusively treating sex offenders and approved by the
74.9 	commissioner of corrections.  If the court stays the execution
74.10 	of a sentence, it shall include the following as conditions of
74.11 	probation:
74.12 	(1) incarceration in a local jail or workhouse; and
74.13 	(2) a requirement that the offender successfully complete
74.14 	the treatment program and aftercare as directed by the court.
74.15 	
EFFECTIVE DATE. This section is effective August 1, 2005,
74.16 	and applies to crimes committed on or after that date.

74.17 	Sec. 5. Minnesota Statutes 2004, section 609.109,
74.18 	subdivision 5, is amended to read:
74.19 		Subd. 5.Previous sex offense convictions.  For the
74.20 	purposes of this section, a conviction is considered a previous
74.21 	sex offense conviction if the person was convicted of a sex
74.22 	offense before the commission of the present offense of
74.23 	conviction.  A person has two previous sex offense convictions
74.24 	only if the person was convicted and sentenced for a sex offense
74.25 	committed after the person was earlier convicted and sentenced
74.26 	for a sex offense, both convictions preceded the commission of
74.27 	the present offense of conviction, and 15 years have not elapsed
74.28 	since the person was discharged from the sentence imposed for
74.29 	the second conviction.  A "sex offense" is a violation of
74.30 	sections 609.342 to 609.345 609.3453 or any similar statute of
74.31 	the United States, this state, or any other state.
74.32 	
EFFECTIVE DATE. This section is effective August 1, 2005,
74.33 	and applies to crimes committed on or after that date.

74.34 	Sec. 6. Minnesota Statutes 2004, section 609.117,
74.35 	subdivision 1, is amended to read:
74.36 		Subdivision 1.Upon sentencing.  The court shall order an
75.1 	offender to provide a biological specimen for the purpose of DNA
75.2 	analysis as defined in section 299C.155 when:
75.3 	(1) the court sentences a person charged with violating or
75.4 	attempting to violate any of the following, and the person is
75.5 	convicted of that offense or of any offense arising out of the
75.6 	same set of circumstances:
75.7 	(i) murder under section 609.185, 609.19, or 609.195;
75.8 	(ii) manslaughter under section 609.20 or 609.205;
75.9 	(iii) assault under section 609.221, 609.222, or 609.223;
75.10 	(iv) robbery under section 609.24 or aggravated robbery
75.11 	under section 609.245;
75.12 	(v) kidnapping under section 609.25;
75.13 	(vi) false imprisonment under section 609.255;
75.14 	(vii) criminal sexual conduct under section 609.342,
75.15 	609.343, 609.344, 609.345, or 609.3451, subdivision 3, or
75.16 	609.3453;
75.17 	(viii) incest under section 609.365;
75.18 	(ix) burglary under section 609.582, subdivision 1; or
75.19 	(x) indecent exposure under section 617.23, subdivision 3;
75.20 	(2) the court sentences a person as a patterned sex
75.21 	offender under section 609.108; or
75.22 	(3) the juvenile court adjudicates a person a delinquent
75.23 	child who is the subject of a delinquency petition for violating
75.24 	or attempting to violate any of the following, and the
75.25 	delinquency adjudication is based on a violation of one of those
75.26 	sections or of any offense arising out of the same set of
75.27 	circumstances:
75.28 	(i) murder under section 609.185, 609.19, or 609.195;
75.29 	(ii) manslaughter under section 609.20 or 609.205;
75.30 	(iii) assault under section 609.221, 609.222, or 609.223;
75.31 	(iv) robbery under section 609.24 or aggravated robbery
75.32 	under section 609.245;
75.33 	(v) kidnapping under section 609.25;
75.34 	(vi) false imprisonment under section 609.255;
75.35 	(vii) criminal sexual conduct under section 609.342,
75.36 	609.343, 609.344, 609.345, or 609.3451, subdivision 3, or
76.1 	609.3453;
76.2 	(viii) incest under section 609.365;
76.3 	(ix) burglary under section 609.582, subdivision 1; or
76.4 	(x) indecent exposure under section 617.23, subdivision 3.
76.5 	The biological specimen or the results of the analysis shall be
76.6 	maintained by the Bureau of Criminal Apprehension as provided in
76.7 	section 299C.155.
76.8 	
EFFECTIVE DATE. This section is effective August 1, 2005,
76.9 	and applies to crimes committed on or after that date.

76.10 	Sec. 7. Minnesota Statutes 2004, section 609.117,
76.11 	subdivision 2, is amended to read:
76.12 		Subd. 2.Before release.  The commissioner of corrections
76.13 	or local corrections authority shall order a person to provide a
76.14 	biological specimen for the purpose of DNA analysis before
76.15 	completion of the person's term of imprisonment when the person
76.16 	has not provided a biological specimen for the purpose of DNA
76.17 	analysis and the person:
76.18 	(1) is currently serving a term of imprisonment for or has
76.19 	a past conviction for violating or attempting to violate any of
76.20 	the following or a similar law of another state or the United
76.21 	States or initially charged with violating one of the following
76.22 	sections or a similar law of another state or the United States
76.23 	and convicted of another offense arising out of the same set of
76.24 	circumstances:
76.25 	(i) murder under section 609.185, 609.19, or 609.195;
76.26 	(ii) manslaughter under section 609.20 or 609.205;
76.27 	(iii) assault under section 609.221, 609.222, or 609.223;
76.28 	(iv) robbery under section 609.24 or aggravated robbery
76.29 	under section 609.245;
76.30 	(v) kidnapping under section 609.25;
76.31 	(vi) false imprisonment under section 609.255;
76.32 	(vii) criminal sexual conduct under section 609.342,
76.33 	609.343, 609.344, 609.345, or 609.3451, subdivision 3, or
76.34 	609.3453;
76.35 	(viii) incest under section 609.365;
76.36 	(ix) burglary under section 609.582, subdivision 1; or
77.1 	(x) indecent exposure under section 617.23, subdivision 3;
77.2 	or
77.3 	(2) was sentenced as a patterned sex offender under section
77.4 	609.108, and committed to the custody of the commissioner of
77.5 	corrections; or
77.6 	(3) is serving a term of imprisonment in this state under a
77.7 	reciprocal agreement although convicted in another state of an
77.8 	offense described in this subdivision or a similar law of the
77.9 	United States or any other state.  The commissioner of
77.10 	corrections or local corrections authority shall forward the
77.11 	sample to the Bureau of Criminal Apprehension.
77.12 	
EFFECTIVE DATE. This section is effective August 1, 2005,
77.13 	and applies to crimes committed on or after that date.

77.14 	Sec. 8. Minnesota Statutes 2004, section 609.1351, is
77.15 	amended to read:
77.16 	609.1351 PETITION FOR CIVIL COMMITMENT.
77.17 	When a court sentences a person under section 609.108,
77.18 	609.342, 609.343, 609.344, or 609.345, or 609.3453,the court
77.19 	shall make a preliminary determination whether in the court's
77.20 	opinion a petition under section 253B.185 may be appropriate and
77.21 	include the determination as part of the sentencing order.  If
77.22 	the court determines that a petition may be appropriate, the
77.23 	court shall forward its preliminary determination along with
77.24 	supporting documentation to the county attorney.

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

77.27 	Sec. 9. Minnesota Statutes 2004, section 609.347, is
77.28 	amended to read:
77.29 	609.347 EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.
77.30 	Subdivision 1.  In a prosecution under sections 609.109or ,
77.31 	609.342 to 609.3451, or 609.3453, the testimony of a victim need
77.32 	not be corroborated.
77.33 	Subd. 2.  In a prosecution under sections 609.109or ,
77.34 	609.342 to 609.3451, or 609.3453,there is no need to show that
77.35 	the victim resisted the accused.
77.36 	Subd. 3.  In a prosecution under sections 609.109, 609.342
78.1 	to 609.3451, 609.3453,or 609.365, evidence of the victim's
78.2 	previous sexual conduct shall not be admitted nor shall any
78.3 	reference to such conduct be made in the presence of the jury,
78.4 	except by court order under the procedure provided in
78.5 	subdivision 4.  The evidence can be admitted only if the
78.6 	probative value of the evidence is not substantially outweighed
78.7 	by its inflammatory or prejudicial nature and only in the
78.8 	circumstances set out in paragraphs (a) and (b).  For the
78.9 	evidence to be admissible under paragraph (a), subsection (i),
78.10 	the judge must find by a preponderance of the evidence that the
78.11 	facts set out in the accused's offer of proof are true.  For the
78.12 	evidence to be admissible under paragraph (a), subsection (ii)
78.13 	or paragraph (b), the judge must find that the evidence is
78.14 	sufficient to support a finding that the facts set out in the
78.15 	accused's offer of proof are true, as provided under Rule 901 of
78.16 	the Rules of Evidence.
78.17 	(a) When consent of the victim is a defense in the case,
78.18 	the following evidence is admissible:
78.19 	(i) evidence of the victim's previous sexual conduct
78.20 	tending to establish a common scheme or plan of similar sexual
78.21 	conduct under circumstances similar to the case at issue.  In
78.22 	order to find a common scheme or plan, the judge must find that
78.23 	the victim made prior allegations of sexual assault which were
78.24 	fabricated; and
78.25 	(ii) evidence of the victim's previous sexual conduct with
78.26 	the accused.
78.27 	(b) When the prosecution's case includes evidence of semen,
78.28 	pregnancy, or disease at the time of the incident or, in the
78.29 	case of pregnancy, between the time of the incident and trial,
78.30 	evidence of specific instances of the victim's previous sexual
78.31 	conduct is admissible solely to show the source of the semen,
78.32 	pregnancy, or disease.
78.33 	Subd. 4.  The accused may not offer evidence described in
78.34 	subdivision 3 except pursuant to the following procedure:
78.35 	(a) A motion shall be made by the accused at least three
78.36 	business days prior to trial, unless later for good cause shown,
79.1 	setting out with particularity the offer of proof of the
79.2 	evidence that the accused intends to offer, relative to the
79.3 	previous sexual conduct of the victim;
79.4 	(b) If the court deems the offer of proof sufficient, the
79.5 	court shall order a hearing out of the presence of the jury, if
79.6 	any, and in such hearing shall allow the accused to make a full
79.7 	presentation of the offer of proof;
79.8 	(c) At the conclusion of the hearing, if the court finds
79.9 	that the evidence proposed to be offered by the accused
79.10 	regarding the previous sexual conduct of the victim is
79.11 	admissible under subdivision 3 and that its probative value is
79.12 	not substantially outweighed by its inflammatory or prejudicial
79.13 	nature, the court shall make an order stating the extent to
79.14 	which evidence is admissible.  The accused may then offer
79.15 	evidence pursuant to the order of the court;
79.16 	(d) If new information is discovered after the date of the
79.17 	hearing or during the course of trial, which may make evidence
79.18 	described in subdivision 3 admissible, the accused may make an
79.19 	offer of proof pursuant to clause (a) and the court shall order
79.20 	an in camera hearing to determine whether the proposed evidence
79.21 	is admissible by the standards herein.
79.22 	Subd. 5.  In a prosecution under sections 609.109or ,
79.23 	609.342 to 609.3451, or 609.3453, the court shall not instruct
79.24 	the jury to the effect that:
79.25 	(a) It may be inferred that a victim who has previously
79.26 	consented to sexual intercourse with persons other than the
79.27 	accused would be therefore more likely to consent to sexual
79.28 	intercourse again; or
79.29 	(b) The victim's previous or subsequent sexual conduct in
79.30 	and of itself may be considered in determining the credibility
79.31 	of the victim; or
79.32 	(c) Criminal sexual conduct is a crime easily charged by a
79.33 	victim but very difficult to disprove by an accused because of
79.34 	the heinous nature of the crime; or
79.35 	(d) The jury should scrutinize the testimony of the victim
79.36 	any more closely than it should scrutinize the testimony of any
80.1 	witness in any felony prosecution.
80.2 	Subd. 6.  (a) In a prosecution under sections 609.109or ,
80.3 	609.342 to 609.3451, or 609.3453,involving a psychotherapist
80.4 	and patient, evidence of the patient's personal or medical
80.5 	history is not admissible except when:
80.6 	(1) the accused requests a hearing at least three business
80.7 	days prior to trial and makes an offer of proof of the relevancy
80.8 	of the history; and
80.9 	(2) the court finds that the history is relevant and that
80.10 	the probative value of the history outweighs its prejudicial
80.11 	value.
80.12 	(b) The court shall allow the admission only of specific
80.13 	information or examples of conduct of the victim that are
80.14 	determined by the court to be relevant.  The court's order shall
80.15 	detail the information or conduct that is admissible and no
80.16 	other evidence of the history may be introduced.
80.17 	(c) Violation of the terms of the order is grounds for
80.18 	mistrial but does not prevent the retrial of the accused.
80.19 		Subd. 7.Effect of statute on rules. Rule 412 of the
80.20 	Rules of Evidence is superseded to the extent of its conflict
80.21 	with this section.
80.22 	
EFFECTIVE DATE. This section is effective August 1, 2005,
80.23 	and applies to crimes committed on or after that date.

80.24 	Sec. 10. Minnesota Statutes 2004, section 609.3471, is
80.25 	amended to read:
80.26 	609.3471 RECORDS PERTAINING TO VICTIM IDENTITY
80.27 	CONFIDENTIAL.
80.28 	Notwithstanding any provision of law to the contrary, no
80.29 	data contained in records or reports relating to petitions,
80.30 	complaints, or indictments issued pursuant to section 609.342;,
80.31 	609.343;,609.344; or ,609.345, or 609.3453,which
80.32 	specifically identifies a victim who is a minor shall be
80.33 	accessible to the public, except by order of the court.  Nothing
80.34 	in this section authorizes denial of access to any other data
80.35 	contained in the records or reports, including the identity of
80.36 	the defendant.

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

81.3 	Sec. 11. Minnesota Statutes 2004, section 609.348, is
81.4 	amended to read:
81.5 	609.348 MEDICAL PURPOSES; EXCLUSION.
81.6 	Sections 609.109and ,609.342 to 609.3451, and 609.3453do
81.7 	not apply to sexual penetration or sexual contact when done for
81.8 	a bona fide medical purpose.

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

81.11 	Sec. 12. Minnesota Statutes 2004, section 609.353, is
81.12 	amended to read:
81.13 	609.353 JURISDICTION.
81.14 	A violation or attempted violation of section 609.342,
81.15 	609.343, 609.344, 609.345, 609.3451, 609.3453,or 609.352 may be
81.16 	prosecuted in any jurisdiction in which the violation originates
81.17 	or terminates.

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

81.20 	Sec. 13. Minnesota Statutes 2004, section 631.045, is
81.21 	amended to read:
81.22 	631.045 EXCLUDING SPECTATORS FROM THE COURTROOM.
81.23 	At the trial of a complaint or indictment for a violation
81.24 	of sections 609.109, 609.341 to 609.3451, 609.3453,or 617.246,
81.25 	subdivision 2, when a minor under 18 years of age is the person
81.26 	upon, with, or against whom the crime is alleged to have been
81.27 	committed, the judge may exclude the public from the courtroom
81.28 	during the victim's testimony or during all or part of the
81.29 	remainder of the trial upon a showing that closure is necessary
81.30 	to protect a witness or ensure fairness in the trial.  The judge
81.31 	shall give the prosecutor, defendant and members of the public
81.32 	the opportunity to object to the closure before a closure order.
81.33 	The judge shall specify the reasons for closure in an order
81.34 	closing all or part of the trial.  Upon closure the judge shall
81.35 	only admit persons who have a direct interest in the case.

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

82.2 	Sec. 14. REVISOR INSTRUCTION.
 82.3 	(a) The revisor of statutes shall renumber Minnesota
82.4 	Statutes, section 609.3452, as Minnesota Statutes, section
82.5 	609.3457, and correct cross-references.  In addition, the
82.6 	revisor shall delete the reference in Minnesota Statutes,
82.7 	section 13.871, subdivision 3, paragraph (d), to Minnesota
82.8 	Statutes, section 609.3452, and insert a reference to Minnesota
82.9 	Statutes, section 609.3457.  The revisor shall include a
82.10 	notation in Minnesota Statutes to inform readers of the statutes
82.11 	of the renumbering of section 609.3457.
82.12 	(b) In addition to the specific changes described in
82.13 	paragraph (a), the revisor of statutes shall make other
82.14 	technical changes necessitated by this act.