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HF 385

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

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/24/2005

Current Version - as introduced

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A bill for an act
relating to crime; requiring level III sex offenders
to submit to polygraph tests while on conditional
release; amending Minnesota Statutes 2004, sections
244.05, subdivision 6; 609.108, subdivision 6;
609.109, subdivision 7.

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

Section 1.

Minnesota Statutes 2004, section 244.05,
subdivision 6, is amended to read:


Subd. 6.

Intensive supervised release.

The commissioner
may order that an inmate be placed on intensive supervised
release for all or part of the inmate's supervised release or
parole term if the commissioner determines that the action will
further the goals described in section 244.14, subdivision 1,
clauses (2), (3), and (4). In addition, the commissioner may
order that an inmate be placed on intensive supervised release
for all of the inmate's conditional or supervised release term
if the inmate was convicted of a sex offense under sections
609.342 to 609.345 or was sentenced under the provisions of
section 609.108. new text beginThe commissioner shall order that all level
III sex offenders be placed on intensive supervised release for
the entire supervised release, conditional release, or parole
term. As a condition of release, level III sex offenders must
submit to polygraph tests at the commissioner's request. The
scope of the polygraph tests is limited to an offender's
conditions of release while on intensive supervised release.
new text end The commissioner may impose appropriate conditions of release on
the inmate including but not limited to unannounced searches of
the inmate's person, vehicle, or premises by an intensive
supervision agent; compliance with court-ordered restitution, if
any; random drug testing; house arrest; daily curfews; frequent
face-to-face contacts with an assigned intensive supervision
agent; work, education, or treatment requirements; and
electronic surveillance. In addition, any sex offender placed
on intensive supervised release may be ordered to participate in
an appropriate sex offender program as a condition of release.
If the inmate violates the conditions of the intensive
supervised release, the commissioner shall impose sanctions as
provided in subdivision 3 and section 609.108.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2004, section 609.108,
subdivision 6, is amended to read:


Subd. 6.

Conditional release.

At the time of sentencing
under subdivision 1, the court shall provide that after the
offender has completed the sentence imposed, less any good time
earned by an offender whose crime was committed before August 1,
1993, the commissioner of corrections shall place the offender
on conditional release for the remainder of the statutory
maximum period, or for ten years, whichever is longer.

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. new text beginFor all level III sex
offenders, the commissioner shall require as a condition of
release that offenders submit to polygraph tests at the request
of the commissioner. The scope of the polygraph tests is
limited to an offender's conditions of release while on
conditional release.
new text endBefore the offender is released, the
commissioner shall notify the sentencing court, the prosecutor
in the jurisdiction where the offender was sentenced, and the
victim of the offender's crime, where available, of the terms of
the offender's conditional release. 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
all or a part of 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 granted 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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

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
five 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, or sentenced under subdivision 6 to a
mandatory departure, the person shall be placed on conditional
release for ten 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. new text beginFor all
level III sex offenders, the commissioner shall require as a
condition of release that offenders submit to polygraph tests at
the request of the commissioner. The scope of the polygraph
tests is limited to an offender's conditions of release while on
conditional release.
new text endIf 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.

new text begin EFFECTIVE DATE. new text end

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