HF 383

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime prevention and public safety;
providing for lifetime supervision of certain repeat
sex offenders released from prison and increasing the
period of supervision for other sex offenders;
amending Minnesota Statutes 2004, section 609.109,
subdivision 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 609.109,
subdivision 7, is amended to read:

Subd. 7.

Conditional release of sex offenders.

(a)
Notwithstanding the statutory maximum sentence otherwise
applicable to the offense or any provision of the Sentencing
Guidelines, when a court sentences a person to prison for a
violation of section 609.342, 609.343, 609.344, or 609.345, the
court shall provide that after the person has completed the
sentence imposed, the commissioner of corrections shall place
the person on conditional release. If the person was convicted
for a violation of section 609.342, 609.343, 609.344, or
609.345, the person shall be placed on conditional release for
deleted text begin five deleted text end new text begin ten new text end years, minus the time the person served on supervised
release. If the person was convicted for a violation of one of
those sections after a previous sex offense conviction as
defined in subdivision 5, deleted text begin or deleted text end new text begin the person shall be placed on
conditional release for the remainder of the person's life. If
the person was new text end sentenced under subdivision 6 to a mandatory
departure, the person shall be placed on conditional release for
deleted text begin ten deleted text end new text begin 15 new text end years, minus the time the person served on supervised
release.

(b) The conditions of release may include successful
completion of treatment and aftercare in a program approved by
the commissioner, satisfaction of the release conditions
specified in section 244.05, subdivision 6, and any other
conditions the commissioner considers appropriate. If the
offender fails to meet any condition of release, the
commissioner may revoke the offender's conditional release and
order that the offender serve the remaining portion of the
conditional release term in prison. The commissioner shall not
dismiss the offender from supervision before the conditional
release term expires.

Conditional release under this subdivision is governed by
provisions relating to supervised release, except as otherwise
provided in this subdivision, section 244.04, subdivision 1, or
244.05.

(c) The commissioner shall pay the cost of treatment of a
person released under this subdivision. This section does not
require the commissioner to accept or retain an offender in a
treatment program.

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective August 1, 2005, and applies to
crimes committed on or after that date.
new text end