HF 1

5th Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; appropriating money for the
courts, public defenders, public safety, corrections,
and other criminal justice agencies; establishing,
funding, modifying, and regulating public safety,
criminal justice, judiciary, law enforcement,
corrections, and crime victim services, policies,
programs, duties, activities, or practices; requiring
studies and reports; imposing criminal and civil
penalties; setting or increasing fines, surcharges,
and fees; implementing comprehensive sex offender and
methamphetamine policies; amending Minnesota Statutes
2004, sections 2.722, subdivision 1; 13.6905,
subdivision 17; 13.82, by adding a subdivision;
13.871, subdivision 5; 14.03, subdivision 3; 16C.09;
43A.047; 84.362; 116L.30; 144A.135; 152.01,
subdivision 10; 152.02, subdivisions 4, 5, 6, by
adding a subdivision; 152.021, subdivisions 2a, 3;
152.027, subdivisions 1, 2; 152.135, subdivision 2;
168A.05, subdivision 3; 169.06, by adding a
subdivision; 169.71, subdivision 1; 169A.275,
subdivision 1; 169A.52, subdivision 4; 169A.53,
subdivision 3; 169A.60, subdivisions 10, 11; 169A.63,
subdivision 8; 169A.70, subdivision 3, by adding
subdivisions; 171.09; 171.20, subdivision 4; 171.26;
171.30, subdivision 2a; 214.04, subdivision 1;
216D.08, subdivisions 1, 2; 231.08, subdivision 5, as
added; 237.70, subdivision 7; 241.06; 241.67,
subdivisions 3, 7, 8; 242.195, subdivision 1;
243.1606, subdivision 1; 243.166; 243.167; 243.24,
subdivision 2; 244.04, subdivision 1; 244.05,
subdivisions 2, 4, 5, 6, 7; 244.052, subdivisions 3,
4, by adding subdivisions; 244.09, subdivisions 5, 11;
244.10, subdivision 2a, by adding subdivisions;
244.18, subdivision 2; 245C.13, subdivision 2;
245C.15, subdivision 1; 245C.17, subdivisions 1, 2, 3;
245C.22, by adding a subdivision; 245C.24, subdivision
2; 246.13; 253B.08, subdivision 1; 253B.18,
subdivisions 4a, 5, by adding a subdivision; 259.11;
259.24, subdivisions 1, 2a, 5, 6a; 260C.171, by adding
a subdivision; 260C.201, subdivision 11; 260C.212,
subdivision 4; 282.04, subdivision 2; 299A.38,
subdivisions 2, 2a, 3; 299A.465, by adding
subdivisions; 299C.03; 299C.08; 299C.093; 299C.095,
subdivision 1; 299C.10, subdivision 1, by adding a
subdivision; 299C.11; 299C.14; 299C.145, subdivision
3; 299C.155; 299C.21; 299C.65, subdivisions 1, 2, 5,
by adding a subdivision; 299F.011, subdivision 7;
299F.014; 299F.05; 299F.051, subdivision 4; 299F.06,
subdivision 1; 299F.19, subdivisions 1, 2; 299F.362,
subdivisions 3, 4; 326.3382, by adding a subdivision;
326.3384, subdivision 1; 340A.301, subdivision 6;
340A.302, subdivision 3; 340A.311; 340A.404,
subdivision 12; 340A.408, subdivision 4; 340A.414,
subdivision 6; 340A.504, subdivisions 3, 7; 343.31;
357.021, subdivisions 2, 6, 7; 357.18; 403.02,
subdivisions 7, 13, 17, by adding a subdivision;
403.025, subdivisions 3, 7; 403.05, subdivision 3;
403.07, subdivision 3; 403.08, subdivision 10; 403.11,
subdivisions 1, 3, 3a; 403.113, subdivision 1; 403.21,
subdivision 8; 403.27, subdivisions 1, 3; 403.30,
subdivision 1; 505.08, subdivision 2; 508.82; 508A.82;
515B.1-116; 518B.01, subdivision 22, by adding a
subdivision; 590.01, subdivision 1, by adding a
subdivision; 604.15, subdivision 2, by adding a
subdivision; 609.02, subdivision 16; 609.106,
subdivision 2; 609.108, subdivisions 1, 3, 4, 6, 7;
609.109, subdivisions 2, 4, 5, 6, 7; 609.1095,
subdivisions 1, 2, 4; 609.115, by adding a
subdivision; 609.117; 609.1351; 609.185; 609.2231, by
adding a subdivision; 609.2242, subdivision 3;
609.229, subdivision 3; 609.321, subdivisions 1, 7,
12, by adding subdivisions; 609.325, by adding a
subdivision; 609.341, subdivision 14, by adding a
subdivision; 609.342, subdivisions 2, 3; 609.343,
subdivisions 2, 3; 609.344, subdivisions 2, 3;
609.345, subdivisions 2, 3; 609.3452, subdivision 1;
609.347; 609.3471; 609.348; 609.353; 609.485,
subdivisions 2, 4; 609.487, by adding a subdivision;
609.50, subdivision 1; 609.505; 609.52, subdivision 2;
609.527, subdivisions 1, 3, 4, 6, by adding a
subdivision; 609.531, subdivision 1; 609.5311,
subdivisions 2, 3; 609.5312, subdivisions 1, 3, 4, by
adding a subdivision; 609.5314, subdivision 1;
609.5315, subdivision 1, by adding a subdivision;
609.5317, subdivision 1; 609.5318, subdivision 1;
609.605, subdivisions 1, 4; 609.746, subdivision 1;
609.748, subdivisions 2, 3a, by adding a subdivision;
609.749, subdivision 2; 609.763, subdivision 3;
609.79, subdivision 2; 609.795, by adding a
subdivision; 609A.02, subdivision 3; 609A.03,
subdivision 7; 611.272; 611A.01; 611A.036; 611A.19;
611A.53, subdivision 1b; 617.81, subdivision 4;
617.85; 624.22, subdivision 1; 626.04; 626.556,
subdivision 3; 626.557, subdivision 14; 628.26;
631.045; 631.425, subdivision 4; 641.21; proposing
coding for new law in Minnesota Statutes, chapters 35;
152; 171; 237; 241; 244; 260C; 299A; 299C; 357; 403;
446A; 590; 609; 611; 629; repealing Minnesota Statutes
2004, sections 18C.005, subdivisions 1a, 35a; 18C.201,
subdivisions 6, 7; 18D.331, subdivision 5; 69.011,
subdivision 5; 243.162; 243.166, subdivisions 1, 8;
244.10, subdivisions 2a, 3; 246.017, subdivision 1;
299A.64; 299A.65; 299A.66; 299A.68; 299C.65,
subdivisions 3, 4, 6, 7, 8, 8a, 9; 299F.011,
subdivision 4c; 299F.015; 299F.10; 299F.11; 299F.12;
299F.13; 299F.14; 299F.15; 299F.16; 299F.17; 299F.361;
299F.451; 299F.452; 386.30; 403.30, subdivision 3;
609.108, subdivision 2; 609.109, subdivision 7;
609.119; 609.725; 624.04; Laws 2004, chapter 283,
section 14.

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

ARTICLE 1

PUBLIC SAFETY APPROPRIATIONS

Section 1. new text begin PUBLIC SAFETY APPROPRIATIONS.
new text end

The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
The figures "2006" and "2007" where used in this article, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 2006, or June 30, 2007,
respectively. The term "first year" means the fiscal year
ending June 30, 2006, and the term "second year" means the
fiscal year ending June 30, 2007.
SUMMARY BY FUND

2006 2007 TOTAL

General $ 835,043,000 $ 849,704,000 $1,684,747,000

State Government
Special Revenue 43,662,000 44,415,000 88,077,000

Environmental 49,000 49,000 98,000

Special Revenue 5,634,000 5,493,000 11,127,000

Trunk
Highway 392,000 362,000 754,000

Bond Proceeds 62,500,000 -0- 62,500,000

TOTAL $ 947,280,000 $ 900,023,000 $1,847,303,000

APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007

Sec. 2. SUPREME COURT

Subdivision 1.

Total
Appropriations $ 42,196,000 $ 42,171,000

Subd. 2.

Supreme Court Operations 29,876,000 29,851,000

[JUDICIAL SALARIES.] Effective July 1,
2005, and July 1, 2006, the salaries of
judges of the Supreme Court, Court of
Appeals, and district court are
increased by 1.5 percent.

[CONTINGENT ACCOUNT.] $5,000 each year
is for a contingent account for
expenses necessary for the normal
operation of the court for which no
other reimbursement is provided.

[CHIPS WORKING GROUP.] The state court
administrator shall convene a working
group of stakeholders interested in and
knowledgeable about issues related to
the representation of children and
adults in CHIPS proceedings. The state
court administrator shall ensure broad
representation in the group so that it
includes members from diverse parts of
the state and sufficient representation
of all stakeholder groups on the
issue. At a minimum, the working group
shall study and make recommendations on
the appropriate assignment and use of
limited public defender resources and
ways to minimize CHIPS proceedings
through early intervention initiatives
such as family group conferencing,
mediation, and other innovative
strategies. By January 15, 2006, the
state court administrator shall report
the working group's findings and
recommendations to the chairs and
ranking minority members of the senate
and house committees and divisions
having jurisdiction over criminal
justice and civil law policy and
funding.

Subd. 3.

Civil Legal Services 12,320,000 12,320,000

[LEGAL SERVICES TO LOW-INCOME CLIENTS
IN FAMILY LAW MATTERS.] Of this
appropriation, $877,000 each year is to
improve the access of low-income
clients to legal representation in
family law matters. This appropriation
must be distributed under Minnesota
Statutes, section 480.242, to the
qualified legal services programs
described in Minnesota Statutes,
section 480.242, subdivision 2,
paragraph (a). Any unencumbered
balance remaining in the first year
does not cancel and is available in the
second year.

Sec. 3.

COURT OF APPEALS 8,189,000 8,189,000

Sec. 4. TRIAL COURTS 231,039,000 231,386,000

[SPECIALTY COURTS; REPORT.] $250,000
each year is to develop or expand
specialty courts such as drug courts
and mental health courts.

By January 15, 2008, the state court
administrator shall report to the
chairs and ranking minority members of
the senate and house committees and
divisions having jurisdiction over
criminal justice policy and funding on
how this money was used.

Sec. 5.

TAX COURT 726,000 726,000

Sec. 6. UNIFORM LAWS COMMISSION 51,000 45,000

[DUES OWED.] $12,000 the first year and
$6,000 the second year are for national
conference dues.

Sec. 7. BOARD ON JUDICIAL
STANDARDS 277,000 277,000

[SPECIAL HEARINGS.] $25,000 each year
is for special hearings. This money
may not be used for operating costs.
This is a onetime appropriation.

Sec. 8.

BOARD OF PUBLIC DEFENSE 60,703,000 61,801,000

Sec. 9. PUBLIC SAFETY

Subdivision 1.

Total
Appropriation 188,774,000 126,747,000

Summary by Fund

General 81,581,000 81,332,000

Special Revenue 590,000 589,000

State Government
Special Revenue 43,662,000 44,415,000

Environmental 49,000 49,000

Trunk Highway 392,000 362,000

Bond Proceeds 62,500,000 -0-

[APPROPRIATIONS FOR PROGRAMS.] The
amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

Emergency Management 2,594,000 2,594,000

Summary by Fund

General 2,545,000 2,545,000

Environmental 49,000 49,000

[NONPROFIT AND FAITH-BASED
ORGANIZATIONS; ANTITERRORISM GRANTS.]
Unless otherwise prohibited by statute,
regulation, or other requirement,
nonprofit and faith-based organizations
may apply for and receive any funds or
grants, whether federal or state, made
available for antiterrorism efforts
that are not distributed or encumbered
for distribution to public safety
entities within a year of receipt by
the Department of Public Safety. These
organizations must be considered under
the same criteria applicable to any
other eligible entity and must be given
equal consideration.

Subd. 3.

Criminal
Apprehension 40,328,000 40,367,000

Summary by Fund

General 39,520,000 39,560,000

Special Revenue 440,000 439,000

State Government
Special Revenue 7,000 7,000

Trunk Highway 361,000 361,000

[AGENCY CUT, DISTRIBUTION.] The general
fund appropriation includes a reduction
of $245,000 the first year and $250,000
the second year. This reduction may be
applied to any program funded under
this section with the exception of the
Office of Justice Programs.

[COOPERATIVE INVESTIGATION OF
CROSS-JURISDICTIONAL CRIMINAL
ACTIVITY.] $94,000 the first year and
$93,000 the second year are
appropriated from the Bureau of
Criminal Apprehension account in the
special revenue fund for grants to
local officials for the cooperative
investigation of cross-jurisdictional
criminal activity. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.

[LABORATORY ACTIVITIES.] $346,000 each
year is appropriated from the Bureau of
Criminal Apprehension account in the
special revenue fund for laboratory
activities.

[DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.]
Notwithstanding Minnesota Statutes,
section 161.20, subdivision 3, $361,000
each year is appropriated from the
trunk highway fund for laboratory
analysis related to
driving-while-impaired cases.

[DWI POLICY REFORMS.] $60,000 the first
year and $58,000 the second year are
for costs associated with DWI policy
reforms contained in article 18.

[AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM.] $1,533,000 the first year and
$2,318,000 the second year are to
replace the automated fingerprint
identification system (AFIS).

[PREDATORY OFFENDER REGISTRATION
SYSTEM.] $1,146,000 the first year and
$564,000 the second year are to upgrade
the predatory offender registration
(POR) system and to increase the
monitoring and tracking of registered
offenders who become noncompliant with
the law.

[CRIMINAL JUSTICE INFORMATION SYSTEMS
(CJIS) AUDIT TRAIL.] $374,000 the first
year and $203,000 the second year are
for the Criminal Justice Information
Systems (CJIS) audit trail.

[DNA ANALYSIS.] $757,000 the first year
and $769,000 the second year are to
fund DNA analyses of biological samples.

[LIVESCAN.] $66,000 the first year and
$69,000 the second year are to fund the
ongoing costs of Livescan.

[TEN NEW AGENTS.] $1,000,000 each year
is for ten Bureau of Criminal
Apprehension agents to be assigned
exclusively to methamphetamine
enforcement, including the
investigation of manufacturing and
distributing methamphetamine and
related violence. These appropriations
are intended to increase the current
allocation of Bureau of Criminal
Apprehension resources dedicated to
methamphetamine enforcement. Positions
funded by these appropriations may not
supplant existing agent assignments or
positions.

Subd. 4.

Fire Marshal 2,845,000 2,832,000

Subd. 5.

Alcohol and
Gambling Enforcement 1,772,000 1,772,000

Summary by Fund

General 1,622,000 1,622,000

Special Revenue 150,000 150,000

Subd. 6.

Office of
Justice Programs 34,440,000 34,035,000

[GANG AND NARCOTICS STRIKE FORCES.]
$2,374,000 each year is for grants to
the combined operations of the Criminal
Gang Strike Force and Narcotics Task
Forces.

[CRIME VICTIM ASSISTANCE GRANTS
INCREASE.] $1,270,000 each year is to
increase funding for crime victim
assistance grants for abused children,
sexual assault victims, battered women,
and general crime victims.

[BATTERED WOMEN'S SHELTER GRANTS.]
$400,000 each year is to increase
funding for battered women's shelters
under Minnesota Statutes, section
611A.32, and for safe houses.

[METHAMPHETAMINE TREATMENT GRANTS.]
$750,000 each year is for grants to
counties for methamphetamine treatment
programs. Priority should be given to
those counties that demonstrate a
treatment approach that incorporates
best practices as defined by the
Minnesota Department of Human
Services. This is a onetime
appropriation.

[FINANCIAL CRIMES TASK FORCE.] $750,000
each year is for the Financial Crimes
Task Force. A cash or in-kind match
totalling a minimum of $250,000 is
required. Before the funds may be
allocated, a financial work plan must
be submitted to the commissioner of
public safety.

[HUMAN TRAFFICKING; ASSESSMENT, POLICY
DEVELOPMENT, AND IMPLEMENTATION.]
$50,000 each year is to conduct the
study and assessment of human
trafficking under new Minnesota
Statutes, sections 299A.78 and 299A.785.

[YOUTH INTERVENTION PROGRAMS.]
$1,452,000 each year is for youth
intervention programs currently under
Minnesota Statutes, section 116L.30,
but to be transferred to Minnesota
Statutes, section 299A.73.

[HOMELESSNESS PILOT PROJECTS.] $400,000
the first year is for the homelessness
pilot projects described in article 8,
section 27. This is a onetime
appropriation.

[ADMINISTRATION COSTS.] Up to 2.5
percent of the grant funds appropriated
in this subdivision may be used to
administer the grant programs.

Subd. 7.

911 Emergency
Services/ARMER

43,655,000 44,408,000

This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.

[PRIOR 911 OBLIGATIONS.] $3,442,000 the
first year and $3,064,000 the second
year are to fund a deficiency due to
prior year obligations under Minnesota
Statutes, section 403.11, that were
estimated in the December 2004 911 fund
statement to be $6,504,700 on July 1,
2005. "Prior year obligations" means
reimbursable costs under Minnesota
Statutes, section 403.11, subdivision
1, incurred under the terms and
conditions of a contract with the state
for a fiscal year preceding fiscal year
2004, that have been certified in a
timely manner in accordance with
Minnesota Statutes, section 403.11,
subdivision 3a, and that are not barred
by statute of limitation or other
defense. The appropriations needed for
this purpose are estimated to be none
in fiscal year 2008 and thereafter.

[PUBLIC SAFETY ANSWERING POINTS.]
$13,640,000 the first year and
$13,664,000 the second year are to be
distributed as provided in Minnesota
Statutes, section 403.113, subdivision
2. This appropriation may only be used
for public safety answering points that
have implemented phase two wireless
enhanced 911 service or whose
governmental agency has made a binding
commitment to the commissioner of
public safety to implement phase two
wireless enhanced 911 service by
January 1, 2008. If revenue to the
account is insufficient to support all
appropriations from the account for a
fiscal year, this appropriation takes
priority over other appropriations,
except the open appropriation in
Minnesota Statutes, section 403.30,
subdivision 1, for debt service on
bonds previously sold.

[MEDICAL RESOURCE COMMUNICATION
CENTERS.] $682,000 the first year and
$683,000 the second year are for grants
to the Minnesota Emergency Medical
Services Regulatory Board for the Metro
East and Metro West Medical Resource
Communication Centers that were in
operation before January 1, 2000.

[800 MEGAHERTZ DEBT SERVICE.]
$6,138,000 the first year and
$6,149,000 the second year are to the
commissioner of finance to pay debt
service on revenue bonds issued under
Minnesota Statutes, section 403.275.
Any portion of this appropriation not
needed to pay debt service in a fiscal
year may be used by the commissioner of
public safety to pay cash for any of
the capital improvements for which bond
proceeds have been appropriated in
subdivision 8.

[METROPOLITAN COUNCIL DEBT SERVICE.]
$1,405,000 the first year and
$1,410,000 the second year are to the
commissioner of finance for payment to
the Metropolitan Council for debt
service on bonds issued under Minnesota
Statutes, section 403.27.

[800 MEGAHERTZ IMPROVEMENTS.]
$1,323,000 each year is for the
Statewide Radio Board for costs of
design, construction, maintenance of,
and improvements to those elements of
the first, second, and third phases
that support mutual aid communications
and emergency medical services, and for
recurring charges for leased sites and
equipment for those elements of the
first, second, and third phases that
support mutual aid and emergency
medical communication services.

Subd. 8.

800 MHz Public Safety
Radio and Communication System 62,500,000

The appropriations in this subdivision
are from the 911 revenue bond proceeds
account for the purposes indicated, to
be available until the project is
completed or abandoned, subject to
Minnesota Statutes, section 16A.642.

(a) Phase 2 Subsystems 8,000,000

To the commissioner of public safety
for a grant to the Metropolitan
Emergency Services Board to pay up to
50 percent of the cost to a local
government unit of building a subsystem
as part of the second phase of the
public safety radio and communication
system plan under Minnesota Statutes,
section 403.36.

(b) Phase 3 System Backbone 45,000,000

To the commissioner of transportation
to construct the system backbone in the
third phase of the public safety radio
and communication system plan under
Minnesota Statutes, section 403.36.

(c) Phase 3 Subsystems 9,500,000

To the commissioner of public safety to
reimburse local units of government for
up to 50 percent of the cost of
building a subsystem of the public
safety radio and communication system
established under Minnesota Statutes,
section 403.36, in the southeast
district of the State Patrol and the
counties of Benton, Sherburne, Stearns,
and Wright.

(d) Bond Sale Authorization

To provide the money appropriated in
this subdivision, the commissioner of
finance shall sell and issue bonds of
the state in an amount up to
$62,500,000 in the manner, upon the
terms, and with the effect prescribed
by Minnesota Statutes, section 403.275.

Subd. 9.

Administration 609,000 738,000

[PUBLIC SAFETY OFFICERS' HEALTH
INSURANCE.] $609,000 the first year and
$738,000 the second year are for public
safety officers' health insurance. The
base for fiscal year 2008 is $885,000
and for fiscal year 2009 is $1,053,000.

Subd. 10.

Driver and Vehicle
Services 31,000 1,000

[GASOLINE THEFT.] This appropriation is
from the trunk highway fund for costs
associated with suspending licenses of
persons under new section 171.175 for
gasoline theft.

Sec. 10. PEACE OFFICER
STANDARDS AND TRAINING BOARD (POST) 4,154,000 4,014,000

[EXCESS AMOUNTS TRANSFERRED.] This
appropriation is from the peace officer
training account in the special revenue
fund. Any new receipts credited to
that account in the first year in
excess of $4,154,000 must be
transferred and credited to the general
fund. Any new receipts credited to
that account in the second year in
excess of $4,014,000 must be
transferred and credited to the general
fund.

[TECHNOLOGY IMPROVEMENTS.] $140,000 the
first year is for technology
improvements.

[PEACE OFFICER TRAINING REIMBURSEMENT.]
$2,909,000 each year is for
reimbursements to local governments for
peace officer training costs.

Sec. 11.

BOARD OF PRIVATE DETECTIVE
AND PROTECTIVE AGENT SERVICES 126,000 126,000

Sec. 12.

HUMAN RIGHTS 3,490,000 3,490,000

Sec. 13. DEPARTMENT OF CORRECTIONS

Subdivision 1.

Total
Appropriation 407,085,000 420,588,000

Summary by Fund

General Fund 406,195,000 419,698,000

Special Revenue 890,000 890,000

[APPROPRIATIONS FOR PROGRAMS.] The
amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

Correctional
Institutions 288,296,000 301,986,000

Summary by Fund

General Fund 287,716,000 301,406,000

Special Revenue 580,000 580,000

[CONTRACTS FOR BEDS AT RUSH CITY.] If
the commissioner contracts with other
states, local units of government, or
the federal government to rent beds in
the Rush City Correctional Facility,
the commissioner shall charge a per
diem under the contract, to the extent
possible, that is equal to or greater
than the per diem cost of housing
Minnesota inmates in the facility.

Notwithstanding any law to the
contrary, the commissioner may use per
diems collected under contracts for
beds at MCF-Rush City to operate the
state correctional system.

[LEVEL III OFFENDER TRACKING AND
APPREHENSION.] $70,000 each year is to
track and apprehend level III predatory
offenders.

[SEX OFFENDER TREATMENT AND
TRANSITIONAL SERVICES.] $1,500,000 each
year is for sex offender treatment and
transitional services.

[HEALTH SERVICES.] $3,085,000 the first
year and $3,086,000 the second year are
for increased funding for health
services.

[CHEMICAL DEPENDENCY TREATMENT.]
$1,000,000 each year is for increased
funding for chemical dependency
treatment programs.

[WORKING GROUP ON INMATE LABOR;
REPORT.] The commissioner of
corrections and the commissioner of the
Minnesota Housing Finance Agency shall
convene a working group to study the
feasibility of using inmate labor to
build low-income housing manufactured
at MCF-Faribault. The working group
shall consist of: the chief executive
officer of MINNCOR Industries;
representatives from the Builders
Association of America, Minnesota
AFL-CIO, Association of Minnesota
Counties, Minnesota Manufactured
Housing Association, Habitat for
Humanity, and Minnesota Housing
Partnership, selected by those
organizations; and any other
individuals deemed appropriate by the
commissioners.

By January 15, 2006, the working group
shall report its findings and
recommendations to the chairs and
ranking minority members of the senate
and house of representatives committees
and divisions having jurisdiction over
criminal justice and jobs, housing, and
community development policy and
funding.

Subd. 3.

Community Services 103,556,000 103,369,000

Summary by Fund

General Fund 103,456,000 103,269,000

Special Revenue 100,000 100,000

[SHORT-TERM OFFENDERS.] $1,207,000 each
year is for costs associated with the
housing and care of short-term
offenders. The commissioner may use up
to 20 percent of the total amount of
the appropriation for inpatient medical
care for short-term offenders with less
than six months to serve as affected by
the changes made to Minnesota Statutes,
section 609.105, in 2003. All funds
remaining at the end of the fiscal year
not expended for inpatient medical care
shall be added to and distributed with
the housing funds. These funds shall
be distributed proportionately based on
the total number of days short-term
offenders are placed locally, not to
exceed $70 per day. Short-term
offenders may be housed in a state
correctional facility at the discretion
of the commissioner.

The Department of Corrections is exempt
from the state contracting process for
the purposes of Minnesota Statutes,
section 609.105, as amended by Laws
2003, First Special Session chapter 2,
article 5, sections 7 to 9.

[GPS MONITORING OF SEX OFFENDERS.]
$500,000 the first year and $162,000
the second year are for the acquisition
and service of bracelets equipped with
tracking devices designed to track and
monitor the movement and location of
criminal offenders. The commissioner
shall use the bracelets to monitor
high-risk sex offenders who are on
supervised release, conditional
release, parole, or probation to help
ensure that the offenders do not
violate conditions of their release or
probation.

[END OF CONFINEMENT REVIEWS.] $94,000
each year is for end of confinement
reviews.

[COMMUNITY SURVEILLANCE AND
SUPERVISION.] $1,370,000 each year is
to provide housing options to maximize
community surveillance and supervision.

[INCREASE IN INTENSIVE SUPERVISED
RELEASE SERVICES.] $1,800,000 each year
is to increase intensive supervised
release services.

[SEX OFFENDER ASSESSMENT
REIMBURSEMENTS.] $350,000 each year is
to provide grants to counties for
reimbursements for sex offender
assessments as required under Minnesota
Statutes, section 609.3452, subdivision
1, which is being renumbered as section
609.3457.

[SEX OFFENDER TREATMENT AND
POLYGRAPHS.] $1,250,000 each year is to
provide treatment for sex offenders on
community supervision and to pay for
polygraph testing.

[INCREASED SUPERVISION OF SEX
OFFENDERS, DOMESTIC VIOLENCE OFFENDERS,
AND OTHER VIOLENT OFFENDERS.]
$1,500,000 each year is for the
increased supervision of sex offenders
and other violent offenders, including
those convicted of domestic abuse.
These appropriations may not be used to
supplant existing state or county
probation officer positions.

The commissioner shall distribute
$1,050,000 in grants each year to
Community Corrections Act counties and
$450,000 each year to the Department of
Corrections Probation and Supervised
Release Unit. The commissioner shall
distribute the funds to the Community
Corrections Act counties according to
the formula contained in Minnesota
Statutes, section 401.10.

Prior to the distribution of these
funds, each Community Corrections Act
jurisdiction and the Department of
Corrections Probation and Supervised
Release Unit shall submit to the
commissioner an analysis of need along
with a plan to meet their needs and
reduce the number of sex offenders and
other violent offenders, including
domestic abuse offenders, on probation
officer caseloads.

[COUNTY PROBATION OFFICERS.] $500,000
each year is to increase county
probation officer reimbursements.

[INTENSIVE SUPERVISION AND AFTERCARE
FOR CONTROLLED SUBSTANCES OFFENDERS;
REPORT.] $600,000 each year is for
intensive supervision and aftercare
services for controlled substances
offenders released from prison under
Minnesota Statutes, section 244.055.
These appropriations are not added to
the department's base budget. By
January 15, 2008, the commissioner
shall report to the chairs and ranking
minority members of the senate and
house of representatives committees and
divisions having jurisdiction over
criminal justice policy and funding on
how this appropriation was spent.

[REPORT ON ELECTRONIC MONITORING OF SEX
OFFENDERS.] By March 1, 2006, the
commissioner shall report to the chairs
and ranking minority members of the
senate and house of representatives
committees and divisions having
jurisdiction over criminal justice
policy and funding on implementing an
electronic monitoring system for sex
offenders who are under community
supervision. The report must address
the following:

(1) the advantages and disadvantages in
implementing this system, including the
impact on public safety;

(2) the types of sex offenders who
should be subject to the monitoring;

(3) the time period that offenders
should be subject to the monitoring;

(4) the financial costs associated with
the monitoring and who should be
responsible for these costs; and

(5) the technology available for the
monitoring.

Subd. 4.

Operations Support 15,233,000 15,233,000

General Fund 15,023,000 15,023,000

Special Revenue 210,000 210,000

[AGENCY CUT, DISTRIBUTION.] The general
fund appropriation includes a reduction
of $375,000 the first year and $325,000
the second year. This reduction may be
applied to any program funded under
this section.

[REPORT ON CONDITIONAL RELEASE OF
CONTROLLED SUBSTANCE OFFENDERS.]
$50,000 the first year is for the
commissioner to contract with an
organization to evaluate the
conditional release of nonviolent
controlled substance offender program
described in Minnesota Statutes,
section 244.055. To the degree
feasible, the evaluation must address
the recidivism rates of offenders
released under the program. The
commissioner shall determine other
issues to be addressed in the
evaluation. By January 15, 2008, the
commissioner shall forward the
completed evaluation to the chairs and
ranking minority members of the senate
and house of representatives committees
and divisions having jurisdiction over
criminal justice policy and funding.

Sec. 14.

SENTENCING GUIDELINES 463,000 463,000

Sec. 15. BOARD OF VETERINARY
MEDICINE 7,000 -0-

[METHAMPHETAMINE STUDY.] This
appropriation is for the study on
animal products that may be used in the
manufacture of methamphetamine
described in article 7, section 20.

ARTICLE 2

SEX OFFENDERS:
MANDATORY LIFE SENTENCES FOR CERTAIN EGREGIOUS AND
REPEAT SEX OFFENSES; CONDITIONAL RELEASE;
OTHER SENTENCING CHANGES

Section 1.

Minnesota Statutes 2004, section 244.04,
subdivision 1, is amended to read:

Subdivision 1.

Reduction of sentence; inmates sentenced
for crimes committed before 1993.

Notwithstanding the
provisions of section 609.11, subdivision 6, and section
609.109, subdivision 1, the term of imprisonment of any inmate
sentenced to a presumptive fixed sentence after May 1, 1980, and
whose crime was committed before August 1, 1993, shall be
reduced in duration by one day for each two days during which
the inmate violates none of the disciplinary offense rules
promulgated by the commissioner. The reduction shall accrue to
the period of supervised release to be served by the inmate,
except that the period of supervised release for a sex offender
deleted text begin sentenced and deleted text end conditionally released by the commissioner under
section deleted text begin 609.108, subdivision 5, deleted text end new text begin 609.3455 new text end is governed by that
provision.

Except as otherwise provided in subdivision 2, if an inmate
whose crime was committed before August 1, 1993, violates a
disciplinary offense rule promulgated by the commissioner, good
time earned prior to the violation may not be taken away, but
the inmate may be required to serve an appropriate portion of
the term of imprisonment after the violation without earning
good time.

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 244.05,
subdivision 2, is amended to read:

Subd. 2.

Rules.

The commissioner of corrections shall
adopt by rule standards and procedures for the revocation of
supervised new text begin or conditional new text end release, and shall specify the period
of revocation for each violation of deleted text begin supervised deleted text end release.
Procedures for the revocation of deleted text begin supervised deleted text end release shall
provide due process of law for the inmate.

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 244.05,
subdivision 4, is amended to read:

Subd. 4.

Minimum imprisonment, life sentence.

new text begin (a) new text end An
inmate serving a mandatory life sentence under section
609.106 new text begin or 609.3455, subdivision 2, new text end must not be given supervised
release under this section.

new text begin (b) new text end An inmate serving a mandatory life sentence under
section 609.185, clause deleted text begin (1), deleted text end (3), (5), or (6); or 609.109,
subdivision deleted text begin 2a deleted text end new text begin 3 new text end , must not be given supervised release under
this section without having served a minimum term of 30 years.

new text begin (c) new text end An inmate serving a mandatory life sentence under
section 609.385 must not be given supervised release under this
section without having served a minimum term of imprisonment of
17 years.

new text begin (d) An inmate serving a mandatory life sentence under
section 609.3455, subdivision 3 or 4, must not be given
supervised release under this section without having served the
minimum term of imprisonment specified by the court in its
sentence.
new text end

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. 4.

Minnesota Statutes 2004, section 244.05,
subdivision 5, is amended to read:

Subd. 5.

Supervised release, life sentence.

(a) The
commissioner of corrections may, under rules promulgated by the
commissioner, give supervised release to an inmate serving a
mandatory life sentence under section 609.185, clause deleted text begin (1), deleted text end (3),
(5), or (6); 609.109, subdivision deleted text begin 2a deleted text end new text begin 3 new text end ; new text begin 609.3455, subdivision 3
or 4; new text end or 609.385 after the inmate has served the minimum term of
imprisonment specified in subdivision 4.

(b) The commissioner shall require the preparation of a
community investigation report and shall consider the findings
of the report when making a supervised release decision under
this subdivision. The report shall reflect the sentiment of the
various elements of the community toward the inmate, both at the
time of the offense and at the present time. The report shall
include the views of the sentencing judge, the prosecutor, any
law enforcement personnel who may have been involved in the
case, and any successors to these individuals who may have
information relevant to the supervised release decision. The
report shall also include the views of the victim and the
victim's family unless the victim or the victim's family chooses
not to participate.

(c) The commissioner shall make reasonable efforts to
notify the victim, in advance, of the time and place of the
inmate's supervised release review hearing. The victim has a
right to submit an oral or written statement at the review
hearing. The statement may summarize the harm suffered by the
victim as a result of the crime and give the victim's
recommendation on whether the inmate should be given supervised
release at this time. The commissioner must consider the
victim's statement when making the supervised release decision.

(d) new text begin When considering whether to give supervised release to
an inmate serving a life sentence under section 609.3455,
subdivision 3 or 4, the commissioner shall consider, at a
minimum, the following: the risk the inmate poses to the
community if released, the inmate's progress in treatment, the
inmate's behavior while incarcerated, psychological or other
diagnostic evaluations of the inmate, the inmate's criminal
history, and any other relevant conduct of the inmate while
incarcerated or before incarceration. The commissioner may not
give supervised release to the inmate unless:
new text end

new text begin (1) while in prison:
new text end

new text begin (i) the inmate has successfully completed appropriate sex
offender treatment;
new text end

new text begin (ii) the inmate has been assessed for chemical dependency
needs and, if appropriate, has successfully completed chemical
dependency treatment; and
new text end

new text begin (iii) the inmate has been assessed for mental health needs
and, if appropriate, has successfully completed mental health
treatment; and
new text end

new text begin (2) a comprehensive individual release plan is in place for
the inmate that ensures that, after release, the inmate will
have suitable housing and receive appropriate aftercare and
community-based treatment. The comprehensive plan also must
include a postprison employment or education plan for the inmate.
new text end

new text begin (e) new text end As used in this subdivision, "victim" means the
individual who suffered harm as a result of the inmate's crime
or, if the individual is deceased, the deceased's surviving
spouse or next of kin.

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. 5.

Minnesota Statutes 2004, section 609.106,
subdivision 2, is amended to read:

Subd. 2.

Life without release.

The court shall sentence
a person to life imprisonment without possibility of release
under the following circumstances:

(1) the person is convicted of first degree murder under
section 609.185, paragraph (a), clause new text begin (1), new text end (2), (4), or (7);

(2) the person is convicted of committing first degree
murder in the course of a kidnapping under section 609.185,
clause (3); or

(3) the person is convicted of first degree murder under
section 609.185, clause deleted text begin (1), deleted text end (3), (5), or (6), and the court
determines on the record at the time of sentencing that the
person has one or more previous convictions for a heinous crime.

Sec. 6.

Minnesota Statutes 2004, section 609.108,
subdivision 1, is amended to read:

Subdivision 1.

Mandatory increased sentence.

deleted text begin (a) deleted text end A court
shall commit a person to the commissioner of corrections for a
period of time that is not less than double the presumptive
sentence under the Sentencing Guidelines and not more than the
statutory maximum, or if the statutory maximum is less than
double the presumptive sentence, for a period of time that is
equal to the statutory maximum, if:

(1) the court is imposing an executed sentence deleted text begin , based on a
Sentencing Guidelines presumptive imprisonment sentence or a
dispositional departure for aggravating circumstances or a
mandatory minimum sentence, deleted text end on a person convicted of committing
or attempting to commit a violation of section 609.342, 609.343,
609.344, deleted text begin or deleted text end 609.345, or deleted text begin on a person convicted of committing or
attempting to commit any other crime listed in subdivision 3 if
it reasonably appears to the court that the crime was motivated
by the offender's sexual impulses or was part of a predatory
pattern of behavior that had criminal sexual conduct as its goal
deleted text end new text begin 609.3453 new text end ;

(2) the deleted text begin court finds deleted text end new text begin factfinder determines new text end that the offender
is a danger to public safety; and

(3) the deleted text begin court finds deleted text end new text begin factfinder determines new text end that the deleted text begin offender
needs long-term treatment or supervision deleted text end new text begin offender's criminal
sexual behavior is so engrained that the risk of reoffending is
great without intensive psychotherapeutic intervention or other
long-term treatment or supervision extending new text end beyond the
presumptive term of imprisonment and supervised release. deleted text begin The
finding must be based on a professional assessment by an
examiner experienced in evaluating sex offenders that concludes
that the offender is a patterned sex offender. The assessment
must contain the facts upon which the conclusion is based, with
reference to the offense history of the offender or the severity
of the current offense, the social history of the offender, and
the results of an examination of the offender's mental status
unless the offender refuses to be examined. The conclusion may
not be based on testing alone. A patterned sex offender is one
whose criminal sexual behavior is so engrained that the risk of
reoffending is great without intensive psychotherapeutic
intervention or other long-term controls.
deleted text end

deleted text begin (b) The court shall consider imposing a sentence under this
section whenever a person is convicted of violating section
609.342 or 609.343.
deleted text end

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. 7.

Minnesota Statutes 2004, section 609.108,
subdivision 3, is amended to read:

Subd. 3.

Predatory crime.

deleted text begin A predatory crime is a felony
violation of section 609.185, 609.19, 609.195, 609.20, 609.205,
609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255,
609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561,
or 609.582, subdivision 1. deleted text end new text begin As used in this section, "predatory
crime" has the meaning given in section 609.341, subdivision 22.
new text end

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. 8.

Minnesota Statutes 2004, section 609.108,
subdivision 4, is amended to read:

Subd. 4.

Danger to public safety.

The deleted text begin court shall base
its finding deleted text end new text begin factfinder shall base its determination new text end that the
offender is a danger to public safety on any of the following
factors:

(1) the crime involved an aggravating factor that would
justify a durational departure from the presumptive sentence
under the Sentencing Guidelines;

(2) the offender previously committed or attempted to
commit a predatory crime or a violation of section 609.224 or
609.2242, including:

(i) an offense committed as a juvenile that would have been
a predatory crime or a violation of section 609.224 or 609.2242
if committed by an adult; or

(ii) a violation or attempted violation of a similar law of
any other state or the United States; or

(3) the offender planned or prepared for the crime prior to
its commission.

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. 9.

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. new text begin The
terms of conditional release are governed by section 609.3455.
new text end

deleted text begin 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. Before 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.
deleted text end

deleted text begin 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.
deleted text end

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. 10.

Minnesota Statutes 2004, section 609.341,
subdivision 14, is amended to read:

Subd. 14.

Coercion.

"Coercion" means new text begin the use by the
actor of new text end words or circumstances that cause the complainant
reasonably to fear that the actor will inflict bodily harm upon deleted text begin ,
or hold in confinement, deleted text end the complainant or another, or deleted text begin force deleted text end new text begin the
use by the actor of confinement, or superior size or strength,
against the complainant that causes new text end the complainant to submit to
sexual penetration or contact deleted text begin , but deleted text end new text begin against the complainant's
will. new text end Proof of coercion does not require proof of a specific
act or threat.

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. 11.

Minnesota Statutes 2004, section 609.341, is
amended by adding a subdivision to read:

new text begin Subd. 22. new text end

new text begin Predatory crime. new text end

new text begin "Predatory crime" means a
felony violation of section 609.185 (first-degree murder),
609.19 (second-degree murder), 609.195 (third-degree murder),
609.20 (first-degree manslaughter), 609.205 (second-degree
manslaughter), 609.221 (first-degree assault), 609.222
(second-degree assault), 609.223 (third-degree assault), 609.24
(simple robbery), 609.245 (aggravated robbery), 609.25
(kidnapping), 609.255 (false imprisonment), 609.498 (tampering
with a witness), 609.561 (first-degree arson), or 609.582,
subdivision 1 (first-degree burglary).
new text end

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. 12.

Minnesota Statutes 2004, section 609.342,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

(a) Except as otherwise provided in
section 609.109 new text begin or 609.3455 new text end , a person convicted under
subdivision 1 may be sentenced to imprisonment for not more than
30 years or to a payment of a fine of not more than $40,000, or
both.

(b) Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a
longer presumptive executed sentence, the court shall presume
that an executed sentence of 144 months must be imposed on an
offender convicted of violating this section. Sentencing a
person in a manner other than that described in this paragraph
is a departure from the Sentencing Guidelines.

new text begin (c) A person convicted under this section is also subject
to conditional release under section 609.3455.
new text end

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. 13.

Minnesota Statutes 2004, section 609.342,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under section 609.109 new text begin or 609.3455 new text end , if a person is convicted
under subdivision 1, clause (g), the court may stay imposition
or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

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. 14.

Minnesota Statutes 2004, section 609.343,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

(a) Except as otherwise provided in
section 609.109 new text begin or 609.3455 new text end , a person convicted under
subdivision 1 may be sentenced to imprisonment for not more than
25 years or to a payment of a fine of not more than $35,000, or
both.

(b) Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a
longer presumptive executed sentence, the court shall presume
that an executed sentence of 90 months must be imposed on an
offender convicted of violating subdivision 1, clause (c), (d),
(e), (f), or (h). Sentencing a person in a manner other than
that described in this paragraph is a departure from the
Sentencing Guidelines.

new text begin (c) A person convicted under this section is also subject
to conditional release under section 609.3455.
new text end

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. 15.

Minnesota Statutes 2004, section 609.343,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under section 609.109 new text begin or 609.3455 new text end , if a person is convicted
under subdivision 1, clause (g), the court may stay imposition
or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

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. 16.

Minnesota Statutes 2004, section 609.344,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

new text begin Except as otherwise provided in
section 609.3455, new text end a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than 15 years or to a
payment of a fine of not more than $30,000, or both. new text begin A person
convicted under this section is also subject to conditional
release under section 609.3455.
new text end

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. 17.

Minnesota Statutes 2004, section 609.344,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under section 609.109 new text begin or 609.3455 new text end , if a person is convicted
under subdivision 1, clause (f), the court may stay imposition
or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

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. 18.

Minnesota Statutes 2004, section 609.345,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

new text begin Except as otherwise provided in
section 609.3455, new text end a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than ten years or to a
payment of a fine of not more than $20,000, or both. new text begin A person
convicted under this section is also subject to conditional
release under section 609.3455.
new text end

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. 19.

Minnesota Statutes 2004, section 609.345,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under section 609.109 new text begin or 609.3455 new text end , if a person is convicted
under subdivision 1, clause (f), the court may stay imposition
or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

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. 20.

new text begin [609.3453] CRIMINAL SEXUAL PREDATORY CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Crime defined. new text end

new text begin A person is guilty of
criminal sexual predatory conduct if the person commits a
predatory crime that was motivated by the offender's sexual
impulses or was part of a predatory pattern of behavior that had
criminal sexual conduct as its goal.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin (a) Except as provided in section
609.3455, the statutory maximum sentence for a violation of
subdivision 1 is: (1) 25 percent longer than for the underlying
predatory crime; or (2) 50 percent longer than for the
underlying predatory crime, if the violation is committed by a
person with a previous sex offense conviction, as defined in
section 609.3455, subdivision 1.
new text end

new text begin (b) In addition to the sentence imposed under paragraph
(a), the person may also be sentenced to the payment of a fine
of not more than $20,000.
new text end

new text begin (c) A person convicted under this section is also subject
to conditional release under section 609.3455.
new text end

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. 21.

new text begin [609.3455] DANGEROUS SEX OFFENDERS; LIFE
SENTENCES; CONDITIONAL RELEASE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section,
the following terms have the meanings given.
new text end

new text begin (b) "Conviction" includes a conviction as an extended
jurisdiction juvenile under section 260B.130 for a violation of,
or an attempt to violate, section 609.342, 609.343, 609.344, or
609.3453, if the adult sentence has been executed.
new text end

new text begin (c) "Extreme inhumane conditions" mean situations where,
either before or after the sexual penetration or sexual contact,
the offender knowingly causes or permits the complainant to be
placed in a situation likely to cause the complainant severe
ongoing mental, emotional, or psychological harm, or causes the
complainant's death.
new text end

new text begin (d) A "heinous element" includes:
new text end

new text begin (1) the offender tortured the complainant;
new text end

new text begin (2) the offender intentionally inflicted great bodily harm
upon the complainant;
new text end

new text begin (3) the offender intentionally mutilated the complainant;
new text end

new text begin (4) the offender exposed the complainant to extreme
inhumane conditions;
new text end

new text begin (5) the offender was armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and used or
threatened to use the weapon or article to cause the complainant
to submit;
new text end

new text begin (6) the offense involved sexual penetration or sexual
contact with more than one victim;
new text end

new text begin (7) the offense involved more than one perpetrator engaging
in sexual penetration or sexual contact with the complainant; or
new text end

new text begin (8) the offender, without the complainant's consent,
removed the complainant from one place to another and did not
release the complainant in a safe place.
new text end

new text begin (e) "Mutilation" means the intentional infliction of
physical abuse designed to cause serious permanent disfigurement
or permanent or protracted loss or impairment of the functions
of any bodily member or organ, where the offender relishes the
infliction of the abuse, evidencing debasement or perversion.
new text end

new text begin (f) A conviction is considered a "previous sex offense
conviction" if the offender was convicted and sentenced for a
sex offense before the commission of the present offense.
new text end

new text begin (g) A conviction is considered a "prior sex offense
conviction" if the offender was convicted of committing a sex
offense before the offender has been convicted of the present
offense, regardless of whether the offender was convicted for
the first offense before the commission of the present offense,
and the convictions involved separate behavioral incidents.
new text end

new text begin (h) "Sex offense" means any violation of, or attempt to
violate, section 609.342, 609.343, 609.344, 609.345, 609.3451,
609.3453, or any similar statute of the United States, this
state, or any other state.
new text end

new text begin (i) "Torture" means the intentional infliction of extreme
mental anguish, or extreme psychological or physical abuse, when
committed in an especially depraved manner.
new text end

new text begin (j) An offender has "two previous sex offense convictions"
only if the offender was convicted and sentenced for a sex
offense committed after the offender was earlier convicted and
sentenced for a sex offense and both convictions preceded the
commission of the present offense of conviction.
new text end

new text begin Subd. 2. new text end

new text begin Mandatory life sentence without release for
particularly egregious first-time and repeat offenders. new text end

new text begin (a)
Notwithstanding the statutory maximum penalty otherwise
applicable to the offense, the court shall sentence a person
convicted under section 609.342, subdivision 1, paragraph (c),
(d), (e), (f), or (h); or 609.343, subdivision 1, paragraph (c),
(d), (e), (f), or (h), to life without the possibility of
release if:
new text end

new text begin (1) the factfinder determines that two or more heinous
elements exist; or
new text end

new text begin (2) the person has a previous sex offense conviction for a
violation of section 609.342, 609.343, or 609.344, and the fact
finder determines that a heinous element exists for the present
offense.
new text end

new text begin (b) A factfinder may not consider a heinous element if it
is an element of the underlying specified violation of section
609.342 or 609.343. In addition, when determining whether two
or more heinous elements exist, the factfinder may not use the
same underlying facts to support a determination that more than
one element exists.
new text end

new text begin Subd. 3. new text end

new text begin Mandatory life sentence for egregious first-time
offenders. new text end

new text begin (a) Notwithstanding the statutory maximum penalty
otherwise applicable to the offense, the court shall sentence a
person to imprisonment for life if the person is convicted under
section 609.342, subdivision 1, paragraph (c), (d), (e), (f), or
(h), or 609.343, subdivision 1, paragraph (c), (d), (e), (f), or
(h); and the factfinder determines that a heinous element exists.
new text end

new text begin (b) The factfinder may not consider a heinous element if it
is an element of the underlying specified violation of section
609.342 or 609.343.
new text end

new text begin Subd. 4. new text end

new text begin Mandatory life sentence; repeat offenders. new text end

new text begin (a)
Notwithstanding the statutory maximum penalty otherwise
applicable to the offense, the court shall sentence a person to
imprisonment for life if the person is convicted of violating
section 609.342, 609.343, 609.344, 609.345, or 609.3453 and:
new text end

new text begin (1) the person has two previous sex offense convictions;
new text end

new text begin (2) the person has a previous sex offense conviction and:
new text end

new text begin (i) the present offense involved an aggravating factor that
would provide grounds for an upward durational departure under
the sentencing guidelines other than the aggravating factor
applicable to repeat criminal sexual conduct convictions;
new text end

new text begin (ii) the person received an upward durational departure
from the sentencing guidelines for the previous sex offense
conviction; or
new text end

new text begin (iii) the person was sentenced under section 609.108 for
the previous sex offense conviction; or
new text end

new text begin (3) the person has two prior sex offense convictions, the
prior convictions and present offense involved at least three
separate victims, and:
new text end

new text begin (i) the present offense involved an aggravating factor that
would provide grounds for an upward durational departure under
the sentencing guidelines other than the aggravating factor
applicable to repeat criminal sexual conduct convictions;
new text end

new text begin (ii) the person received an upward durational departure
from the sentencing guidelines for one of the prior sex offense
convictions; or
new text end

new text begin (iii) the person was sentenced under section 609.108 for
one of the prior sex offense convictions.
new text end

new text begin (b) Notwithstanding paragraph (a), a court may not sentence
a person to imprisonment for life for a violation of section
609.345, unless the person's previous or prior sex offense
convictions that are being used as the basis for the sentence
are for violations of section 609.342, 609.343, 609.344, or
609.3453, or any similar statute of the United States, this
state, or any other state.
new text end

new text begin Subd. 5. new text end

new text begin Life sentences; minimum term of
imprisonment. new text end

new text begin At the time of sentencing under subdivision 3 or
4, the court shall specify a minimum term of imprisonment, based
on the sentencing guidelines or any applicable mandatory minimum
sentence, that must be served before the offender may be
considered for supervised release.
new text end

new text begin Subd. 6. new text end

new text begin Mandatory ten-year conditional release term.
new text end

new text begin Notwithstanding the statutory maximum sentence otherwise
applicable to the offense and unless a longer conditional
release term is required in subdivision 7, when a court commits
an offender to the custody of the commissioner of corrections
for a violation of section 609.342, 609.343, 609.344, 609.345,
or 609.3453, the court shall provide that, after the offender
has completed the sentence imposed, the commissioner shall place
the offender on conditional release for ten years, minus the
time the offender served on supervised release.
new text end

new text begin Subd. 7. new text end

new text begin Mandatory lifetime conditional release term. new text end

new text begin (a)
When a court sentences an offender under subdivision 3 or 4, the
court shall provide that, if the offender is released from
prison, the commissioner of corrections shall place the offender
on conditional release for the remainder of the offender's life.
new text end

new text begin (b) Notwithstanding the statutory maximum sentence
otherwise applicable to the offense, when the court commits an
offender to the custody of the commissioner of corrections for a
violation of section 609.342, 609.343, 609.344, 609.345, or
609.3453, and the offender has a previous or prior sex offense
conviction, the court shall provide that, after the offender has
completed the sentence imposed, the commissioner shall place the
offender on conditional release for the remainder of the
offender's life.
new text end

new text begin (c) Notwithstanding paragraph (b), an offender may not be
placed on lifetime conditional release for a violation of
section 609.345, unless the offender's previous or prior sex
offense conviction is for a violation of section 609.342,
609.343, 609.344, or 609.3453, or any similar statute of the
United States, this state, or any other state.
new text end

new text begin Subd. 8. new text end

new text begin Terms of conditional release; applicable to all
sex offenders. new text end

new text begin (a) The provisions of this subdivision relating
to conditional release apply to all sex offenders sentenced to
prison for a violation of section 609.342, 609.343, 609.344,
609.345, or 609.3453. Except as provided in this subdivision,
conditional release of sex offenders is governed by provisions
relating to supervised release. The commissioner of corrections
may not dismiss an offender on conditional release from
supervision until the offender's conditional release term
expires.
new text end

new text begin (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. Before the
offender is placed on conditional release, the commissioner
shall notify the sentencing court and the prosecutor in the
jurisdiction where the offender was sentenced of the terms of
the offender's conditional release. The commissioner also shall
make reasonable efforts to notify the victim of the offender's
crime 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.
new text end

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. 22. new text begin SENTENCING GUIDELINES, MODIFICATIONS.
new text end

new text begin (a) By January 15, 2006, the Sentencing Guidelines
Commission shall propose to the legislature modifications to the
sentencing guidelines, including the guidelines grid, regarding
sex offenders. When proposing the modifications, the commission
must propose a separate sex offender grid based on the
sentencing changes made in this act relating to sex offenders.
new text end

new text begin (b) Modifications proposed by the commission under this
section take effect August 1, 2006, unless the legislature by
law provides otherwise.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 23. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 609.108, subdivision 2;
and 609.109, subdivision 7, are repealed.
new text end

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

ARTICLE 3

SEX OFFENDERS: PREDATORY OFFENDER REGISTRATION;
COMMUNITY NOTIFICATION; MISCELLANEOUS PROVISIONS

Section 1.

Minnesota Statutes 2004, section 13.82, is
amended by adding a subdivision to read:

new text begin Subd. 28. new text end

new text begin Disclosure of predatory offender registrant
status. new text end

new text begin Law enforcement agency disclosure to health facilities
of the registrant status of a registered predatory offender is
governed by section 244.052.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 144A.135, is
amended to read:

144A.135 TRANSFER AND DISCHARGE APPEALS.

(a) The commissioner shall establish a mechanism for
hearing appeals on transfers and discharges of residents by
nursing homes or boarding care homes licensed by the
commissioner. The commissioner may adopt permanent rules to
implement this section.

(b) Until federal regulations are adopted under sections
1819(f)(3) and 1919(f)(3) of the Social Security Act that govern
appeals of the discharges or transfers of residents from nursing
homes and boarding care homes certified for participation in
Medicare or medical assistance, the commissioner shall provide
hearings under sections 14.57 to 14.62 and the rules adopted by
the Office of Administrative Hearings governing contested
cases. To appeal the discharge or transfer, or notification of
an intended discharge or transfer, a resident or the resident's
representative must request a hearing in writing no later than
30 days after receiving written notice, which conforms to state
and federal law, of the intended discharge or transfer.

(c) Hearings under this section shall be held no later than
14 days after receipt of the request for hearing, unless
impractical to do so or unless the parties agree otherwise.
Hearings shall be held in the facility in which the resident
resides, unless impractical to do so or unless the parties agree
otherwise.

(d) A resident who timely appeals a notice of discharge or
transfer, and who resides in a certified nursing home or
boarding care home, may not be discharged or transferred by the
nursing home or boarding care home until resolution of the
appeal. The commissioner can order the facility to readmit the
resident if the discharge or transfer was in violation of state
or federal law. If the resident is required to be hospitalized
for medical necessity before resolution of the appeal, the
facility shall readmit the resident unless the resident's
attending physician documents, in writing, why the resident's
specific health care needs cannot be met in the facility.

(e) The commissioner and Office of Administrative Hearings
shall conduct the hearings in compliance with the federal
regulations described in paragraph (b), when adopted.

(f) Nothing in this section limits the right of a resident
or the resident's representative to request or receive
assistance from the Office of Ombudsman for Older Minnesotans or
the Office of Health Facility Complaints with respect to an
intended discharge or transfer.

new text begin (g) A person required to inform a health care facility of
the person's status as a registered predatory offender under
section 243.166, subdivision 4b, who knowingly fails to do so
shall be deemed to have endangered the safety of individuals in
the facility under Code of Federal Regulations, chapter 42,
section 483.12. Notwithstanding paragraph (d), any appeal of
the notice and discharge shall not constitute a stay of the
discharge.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 3.

Minnesota Statutes 2004, section 241.06, is
amended to read:

241.06 RECORD OF INMATES; DEPARTMENT OF CORRECTIONS.

new text begin Subdivision 1. new text end

new text begin General. new text end

The commissioner of corrections
shall keep in the commissioner's office, accessible only by the
commissioner's consent or on the order of a judge or court of
record, a record showing the residence, sex, age, nativity,
occupation, civil condition, and date of entrance or commitment
of every person, inmate, or convict in the facilities under the
commissioner's exclusive control, the date of discharge and
whether such discharge was final, the condition of such person
when the person left the facility, and the date and cause of all
deaths. The records shall state every transfer from one
facility to another, naming each. This information shall be
furnished to the commissioner of corrections by each facility,
with such other obtainable facts as the commissioner may from
time to time require. The chief executive officer of each such
facility, within ten days after the commitment or entrance
thereto of a person, inmate, or convict, shall cause a true copy
of the entrance record to be forwarded to the commissioner of
corrections. When a person, inmate, or convict leaves, is
discharged or transferred, or dies in any facility, the chief
executive officer, or other person in charge shall inform the
commissioner of corrections within ten days thereafter on forms
furnished by the commissioner.

The commissioner of corrections may authorize the chief
executive officer of any facility under the commissioner's
control to release to probation officers, local social services
agencies or other specifically designated interested persons or
agencies any information regarding any person, inmate, or
convict thereat, if, in the opinion of the commissioner, it will
be for the benefit of the person, inmate, or convict.

new text begin Subd. 2. new text end

new text begin Sex offender information provided to supervising
corrections agency. new text end

new text begin When an offender who is required to
register as a predatory offender under section 243.166 is being
released from prison, the commissioner shall provide to the
corrections agency that will supervise the offender, the
offender's prison records relating to psychological assessments,
medical and mental health issues, and treatment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 4.

Minnesota Statutes 2004, section 241.67,
subdivision 3, is amended to read:

Subd. 3.

Programs for adult offenders committed to the
commissioner.

(a) The commissioner shall provide for a range of
sex offender programs, including intensive sex offender
programs, within the state adult correctional facility system.
Participation in any program is subject to the rules and
regulations of the Department of Corrections. Nothing in this
section requires the commissioner to accept or retain an
offender in a program if the offender is determined by prison
professionals as unamenable to programming within the prison
system or if the offender refuses or fails to comply with the
program's requirements. Nothing in this section creates a right
of an offender to treatment.

(b) The commissioner shall new text begin develop a plan to new text end provide for
residential and outpatient sex offender programming and
aftercare when required for conditional release under section
609.108 or as a condition of supervised release. new text begin The plan may
include co-payments from the offender, third-party payers, local
agencies, or other funding sources as they are identified.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 5.

Minnesota Statutes 2004, section 241.67,
subdivision 7, is amended to read:

Subd. 7.

Funding priority; program effectiveness.

(a)
Unless otherwise directed by the terms of a particular
appropriations provision, the commissioner shall give priority
to the funding of juvenile sex offender programs over the
funding of adult sex offender programs.

(b) Every county or private sex offender program deleted text begin that seeks
new or continued state funding or reimbursement deleted text end shall provide
the commissioner with any information relating to the program's
effectiveness that the commissioner considers necessary. The
commissioner shall deny state funding or reimbursement to any
county or private program that fails to provide this information
or that appears to be an ineffective program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 6.

Minnesota Statutes 2004, section 241.67,
subdivision 8, is amended to read:

Subd. 8.

Community-based sex offender program evaluation
deleted text begin project deleted text end .

(a) For the purposes of this deleted text begin project deleted text end new text begin subdivision new text end , a
sex offender is an adult who has been convicted, or a juvenile
who has been adjudicated, for a sex offense or a sex-related
offense which would require registration under section 243.166.

(b) The commissioner shall deleted text begin develop a long-term project to
accomplish the following deleted text end :

(1) deleted text begin provide deleted text end new text begin collect new text end follow-up information on each sex
offender for a period of three years following the offender's
completion of or termination from treatment new text begin for the purpose of
providing periodic reports to the legislature new text end ;

(2) provide treatment programs in several geographical
areas in the state;

(3) provide the necessary data to form the basis to
recommend a fiscally sound plan to provide a coordinated
statewide system of effective sex offender treatment
programming; and

(4) provide an opportunity to local and regional
governments, agencies, and programs to establish models of sex
offender programs that are suited to the needs of that region.

(c) The commissioner shall establish an advisory task force
consisting of county probation officers from Community
Corrections Act counties and other counties, court services
providers, and other interested officials. The commissioner
shall consult with the task force deleted text begin concerning the establishment
and operation of the project deleted text end new text begin on how best to implement the
requirements of this subdivision new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 7.

Minnesota Statutes 2004, section 242.195,
subdivision 1, is amended to read:

Subdivision 1.

Sex offender programs.

(a) The
commissioner of corrections shall new text begin develop a plan to new text end provide for
a range of sex offender programs, including intensive sex
offender programs, for juveniles within state juvenile
correctional facilities and through purchase of service from
county and private residential and outpatient juvenile sex
offender programs. new text begin The plan may include co-payments from the
offenders, third-party payers, local agencies, and other funding
sources as they are identified.
new text end

(b) The commissioner shall establish and operate a
residential sex offender program at one of the state juvenile
correctional facilities. The program must be structured to
address both the therapeutic and disciplinary needs of juvenile
sex offenders. The program must afford long-term residential
treatment for a range of juveniles who have committed sex
offenses and have failed other treatment programs or are not
likely to benefit from an outpatient or a community-based
residential treatment program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 8.

Minnesota Statutes 2004, section 243.166, is
amended to read:

243.166 REGISTRATION OF PREDATORY OFFENDERS.

deleted text begin Subdivision 1. deleted text end

deleted text begin Registration required. deleted text end

deleted text begin (a) A person shall
register under this section if:
deleted text end

deleted text begin (1) the person was charged with or petitioned for a felony
violation of or attempt to violate any of the following, and
convicted of or adjudicated delinquent for that offense or
another offense arising out of the same set of circumstances:
deleted text end

deleted text begin (i) murder under section 609.185, clause (2); or
deleted text end

deleted text begin (ii) kidnapping under section 609.25; or
deleted text end

deleted text begin (iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
deleted text end

deleted text begin (iv) indecent exposure under section 617.23, subdivision 3;
or
deleted text end

deleted text begin (2) the person was charged with or petitioned for falsely
imprisoning a minor in violation of section 609.255, subdivision
2; soliciting a minor to engage in prostitution in violation of
section 609.322 or 609.324; soliciting a minor to engage in
sexual conduct in violation of section 609.352; using a minor in
a sexual performance in violation of section 617.246; or
possessing pornographic work involving a minor in violation of
section 617.247, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of
circumstances; or
deleted text end

deleted text begin (3) the person was convicted of a predatory crime as
defined in section 609.108, and the offender was sentenced as a
patterned sex offender or the court found on its own motion or
that of the prosecutor that the crime was part of a predatory
pattern of behavior that had criminal sexual conduct as its
goal; or
deleted text end

deleted text begin (4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of
the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2),
or (3).
deleted text end

deleted text begin (b) A person also shall register under this section if:
deleted text end

deleted text begin (1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
deleted text end

deleted text begin (2) the person enters the state to reside, or to work or
attend school; and
deleted text end

deleted text begin (3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is
subject to lifetime registration, in which case the person must
register for life regardless of when the person was released
from confinement, convicted, or adjudicated delinquent.
deleted text end

deleted text begin For purposes of this paragraph:
deleted text end

deleted text begin (i) "school" includes any public or private educational
institution, including any secondary school, trade or
professional institution, or institution of higher education,
that the person is enrolled in on a full-time or part-time
basis; and
deleted text end

deleted text begin (ii) "work" includes employment that is full time or part
time for a period of time exceeding 14 days or for an aggregate
period of time exceeding 30 days during any calendar year,
whether financially compensated, volunteered, or for the purpose
of government or educational benefit.
deleted text end

deleted text begin (c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10, or
a similar law of another state or the United States, regardless
of whether the person was convicted of any offense.
deleted text end

deleted text begin (d) A person also shall register under this section if:
deleted text end

deleted text begin (1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in
paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned
for a violation of any of the offenses listed in paragraph (a),
clause (2), or a similar law of another state or the United
States;
deleted text end

deleted text begin (2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or
found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
deleted text end

deleted text begin (3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or
the United States.
deleted text end

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section,
unless the context clearly indicates otherwise, the following
terms have the meanings given them.
new text end

new text begin (b) "Bureau" means the Bureau of Criminal Apprehension.
new text end

new text begin (c) "Dwelling" means the building where the person lives
under a formal or informal agreement to do so.
new text end

new text begin (d) "Incarceration" and "confinement" do not include
electronic home monitoring.
new text end

new text begin (e) "Law enforcement authority" or "authority" means, with
respect to a home rule charter or statutory city, the chief of
police, and with respect to an unincorporated area, the county
sheriff.
new text end

new text begin (f) "Motor vehicle" has the meaning given in section
169.01, subdivision 2.
new text end

new text begin (g) "Primary address" means the mailing address of the
person's dwelling. If the mailing address is different from the
actual location of the dwelling, primary address also includes
the physical location of the dwelling described with as much
specificity as possible.
new text end

new text begin (h) "School" includes any public or private educational
institution, including any secondary school, trade, or
professional institution, or institution of higher education,
that the person is enrolled in on a full-time or part-time basis.
new text end

new text begin (i) "Secondary address" means the mailing address of any
place where the person regularly or occasionally stays overnight
when not staying at the person's primary address. If the
mailing address is different from the actual location of the
place, secondary address also includes the physical location of
the place described with as much specificity as possible.
new text end

new text begin (j) "Treatment facility" means a residential facility, as
defined in section 244.052, subdivision 1, and residential
chemical dependency treatment programs and halfway houses
licensed under chapter 245A, including, but not limited to,
those facilities directly or indirectly assisted by any
department or agency of the United States.
new text end

new text begin (k) "Work" includes employment that is full time or part
time for a period of time exceeding 14 days or for an aggregate
period of time exceeding 30 days during any calendar year,
whether financially compensated, volunteered, or for the purpose
of government or educational benefit.
new text end

new text begin Subd. 1b. new text end

new text begin Registration required. new text end

new text begin (a) A person shall
register under this section if:
new text end

new text begin (1) the person was charged with or petitioned for a felony
violation of or attempt to violate, or aiding, abetting, or
conspiracy to commit, any of the following, and convicted of or
adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances:
new text end

new text begin (i) murder under section 609.185, clause (2);
new text end

new text begin (ii) kidnapping under section 609.25;
new text end

new text begin (iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453;
or
new text end

new text begin (iv) indecent exposure under section 617.23, subdivision 3;
new text end

new text begin (2) the person was charged with or petitioned for a
violation of, or attempt to violate, or aiding, abetting, or
conspiracy to commit false imprisonment in violation of section
609.255, subdivision 2; soliciting a minor to engage in
prostitution in violation of section 609.322 or 609.324;
soliciting a minor to engage in sexual conduct in violation of
section 609.352; using a minor in a sexual performance in
violation of section 617.246; or possessing pornographic work
involving a minor in violation of section 617.247, and convicted
of or adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances;
new text end

new text begin (3) the person was sentenced as a patterned sex offender
under section 609.108; or
new text end

new text begin (4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of
the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2),
or (3).
new text end

new text begin (b) A person also shall register under this section if:
new text end

new text begin (1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
new text end

new text begin (2) the person enters this state to reside, work, or attend
school, or enters this state and remains for 14 days or longer;
and
new text end

new text begin (3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is
subject to lifetime registration, in which case the person shall
register for life regardless of when the person was released
from confinement, convicted, or adjudicated delinquent.
new text end

new text begin (c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10, or
a similar law of another state or the United States, regardless
of whether the person was convicted of any offense.
new text end

new text begin (d) A person also shall register under this section if:
new text end

new text begin (1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in
paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned
for a violation of any of the offenses listed in paragraph (a),
clause (2), or a similar law of another state or the United
States;
new text end

new text begin (2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or
found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
new text end

new text begin (3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or
the United States.
new text end

Subd. 2.

Notice.

When a person who is required to
register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (a), is sentenced or
becomes subject to a juvenile court disposition order, the court
shall tell the person of the duty to register under this section
and that, if the person fails to comply with the registration
requirements, information about the offender may be made
available to the public through electronic, computerized, or
other accessible means. The court may not modify the person's
duty to register in the pronounced sentence or disposition
order. The court shall require the person to read and sign a
form stating that the duty of the person to register under this
section has been explained. The court shall forward the signed
sex offender registration form, the complaint, and sentencing
documents to the bureau deleted text begin of Criminal Apprehension deleted text end . If a person
required to register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (a), was
not notified by the court of the registration requirement at the
time of sentencing or disposition, the assigned corrections
agent shall notify the person of the requirements of this
section. When a person who is required to register under
subdivision deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (c) or (d), is released from
commitment, the treatment facility shall notify the person of
the requirements of this section. The treatment facility shall
also obtain the registration information required under this
section and forward it to the bureau deleted text begin of Criminal Apprehension deleted text end .

Subd. 3.

Registration procedure.

(a) new text begin Except as provided
in subdivision 3a, new text end a person required to register under this
section shall register with the corrections agent as soon as the
agent is assigned to the person. If the person does not have an
assigned corrections agent or is unable to locate the assigned
corrections agent, the person shall register with the law
enforcement deleted text begin agency deleted text end new text begin authority new text end that has jurisdiction in the area
of the person's deleted text begin residence deleted text end new text begin primary address new text end .

(b) new text begin Except as provided in subdivision 3a, new text end at least five
days before the person starts living at a new primary address,
including living in another state, the person shall give written
notice of the new primary deleted text begin living deleted text end address to the assigned
corrections agent or to the law enforcement authority with which
the person currently is registered. If the person will be
living in a new state and that state has a registration
requirement, the person shall also give written notice of the
new address to the designated registration agency in the new
state. A person required to register under this section shall
also give written notice to the assigned corrections agent or to
the law enforcement authority that has jurisdiction in the area
of the person's deleted text begin residence deleted text end new text begin primary address new text end that the person is no
longer living or staying at an address, immediately after the
person is no longer living or staying at that address. The
corrections agent or law enforcement authority shall, within two
business days after receipt of this information, forward it to
the bureau deleted text begin of Criminal Apprehension deleted text end . The bureau deleted text begin of Criminal
Apprehension deleted text end shall, if it has not already been done, notify the
law enforcement authority having primary jurisdiction in the
community where the person will live of the new address. If the
person is leaving the state, the bureau deleted text begin of Criminal Apprehension
deleted text end shall notify the registration authority in the new state of the
new address. deleted text begin If the person's obligation to register arose under
subdivision 1, paragraph (b), deleted text end The person's registration
requirements under this section terminate deleted text begin when deleted text end new text begin after new text end the person
begins living in the new state new text begin and the bureau has confirmed the
address in the other state through the annual verification
process on at least one occasion new text end .

(c) A person required to register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end ,
paragraph (b), because the person is working or attending school
in Minnesota shall register with the law enforcement
deleted text begin agency deleted text end new text begin authority new text end that has jurisdiction in the area where the
person works or attends school. In addition to other
information required by this section, the person shall provide
the address of the school or of the location where the person is
employed. A person deleted text begin must deleted text end new text begin shall new text end comply with this paragraph within
five days of beginning employment or school. A person's
obligation to register under this paragraph terminates when the
person is no longer working or attending school in Minnesota.

(d) A person required to register under this section who
works or attends school outside of Minnesota shall register as a
predatory offender in the state where the person works or
attends school. The person's corrections agent, or if the
person does not have an assigned corrections agent, the law
enforcement authority that has jurisdiction in the area of the
person's deleted text begin residence deleted text end new text begin primary address new text end shall notify the person of
this requirement.

new text begin Subd. 3a. new text end

new text begin Registration procedure when person lacks
primary address. new text end

new text begin (a) If a person leaves a primary address and
does not have a new primary address, the person shall register
with the law enforcement authority that has jurisdiction in the
area where the person is staying within 24 hours of the time the
person no longer has a primary address.
new text end

new text begin (b) A person who lacks a primary address shall register
with the law enforcement authority that has jurisdiction in the
area where the person is staying within 24 hours after entering
the jurisdiction. Each time a person who lacks a primary
address moves to a new jurisdiction without acquiring a new
primary address, the person shall register with the law
enforcement authority that has jurisdiction in the area where
the person is staying within 24 hours after entering the
jurisdiction.
new text end

new text begin (c) Upon registering under this subdivision, the person
shall provide the law enforcement authority with all of the
information the individual is required to provide under
subdivision 4a. However, instead of reporting the person's
primary address, the person shall describe the location of where
the person is staying with as much specificity as possible.
new text end

new text begin (d) Except as otherwise provided in paragraph (e), if a
person continues to lack a primary address, the person shall
report in person on a weekly basis to the law enforcement
authority with jurisdiction in the area where the person is
staying. This weekly report shall occur between the hours of
9:00 a.m. and 5:00 p.m. The person is not required to provide
the registration information required under subdivision 4a each
time the offender reports to an authority, but the person shall
inform the authority of changes to any information provided
under this subdivision or subdivision 4a and shall otherwise
comply with this subdivision.
new text end

new text begin (e) If the law enforcement authority determines that it is
impractical, due to the person's unique circumstances, to
require a person lacking a primary address to report weekly and
in person as required under paragraph (d), the authority may
authorize the person to follow an alternative reporting
procedure. The authority shall consult with the person's
corrections agent, if the person has one, in establishing the
specific criteria of this alternative procedure, subject to the
following requirements:
new text end

new text begin (1) the authority shall document, in the person's
registration record, the specific reasons why the weekly
in-person reporting process is impractical for the person to
follow;
new text end

new text begin (2) the authority shall explain how the alternative
reporting procedure furthers the public safety objectives of
this section;
new text end

new text begin (3) the authority shall require the person lacking a
primary address to report in person at least monthly to the
authority or the person's corrections agent and shall specify
the location where the person shall report. If the authority
determines it would be more practical and would further public
safety for the person to report to another law enforcement
authority with jurisdiction where the person is staying, it may,
after consulting with the other law enforcement authority,
include this requirement in the person's alternative reporting
process;
new text end

new text begin (4) the authority shall require the person to comply with
the weekly, in-person reporting process required under paragraph
(d), if the person moves to a new area where this process would
be practical;
new text end

new text begin (5) the authority shall require the person to report any
changes to the registration information provided under
subdivision 4a and to comply with the periodic registration
requirements specified under paragraph (f); and
new text end

new text begin (6) the authority shall require the person to comply with
the requirements of subdivision 3, paragraphs (b) and (c), if
the person moves to a primary address.
new text end

new text begin (f) If a person continues to lack a primary address and
continues to report to the same law enforcement authority, the
person shall provide the authority with all of the information
the individual is required to provide under this subdivision and
subdivision 4a at least annually, unless the person is required
to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185
or a similar law of another state or the United States. If the
person is required to register under subdivision 1b, paragraph
(c), the person shall provide the law enforcement authority with
all of the information the individual is required to report
under this subdivision and subdivision 4a at least once every
three months.
new text end

new text begin (g) A law enforcement authority receiving information under
this subdivision shall forward registration information and
changes to that information to the bureau within two business
days of receipt of the information.
new text end

new text begin (h) For purposes of this subdivision, a person who fails to
report a primary address will be deemed to be a person who lacks
a primary address, and the person shall comply with the
requirements for a person who lacks a primary address.
new text end

Subd. 4.

Contents of registration.

(a) The registration
provided to the corrections agent or law enforcement authority,
must consist of a statement in writing signed by the person,
giving information required by the bureau deleted text begin of Criminal
Apprehension deleted text end , a fingerprint card, and photograph of the person
taken at the time of the person's release from incarceration or,
if the person was not incarcerated, at the time the person
initially registered under this section. The registration
information also must include a written consent form signed by
the person allowing a treatment facility new text begin or residential housing
unit or shelter new text end to release information to a law enforcement
officer about the person's admission to, or residence in, a
treatment facility new text begin or residential housing unit or shelter new text end .
Registration information on adults and juveniles may be
maintained together notwithstanding section 260B.171,
subdivision 3.

(b) For persons required to register under subdivision deleted text begin 1
deleted text end new text begin 1b new text end , paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States, in addition to other information
required by this section, the registration provided to the
corrections agent or law enforcement authority must include the
person's offense history and documentation of treatment received
during the person's commitment. This documentation deleted text begin shall be deleted text end new text begin is
new text end limited to a statement of how far the person progressed in
treatment during commitment.

(c) Within three days of receipt, the corrections agent or
law enforcement authority shall forward the registration
information to the bureau deleted text begin of Criminal Apprehension deleted text end . The bureau
shall ascertain whether the person has registered with the law
enforcement authority deleted text begin where the person resides deleted text end new text begin in the area of
the person's primary address, if any, or if the person lacks a
primary address, where the person is staying, as required by
subdivision 3a new text end . If the person has not registered with the law
enforcement authority, the bureau shall send one copy to that
authority.

(d) The corrections agent or law enforcement authority may
require that a person required to register under this section
appear before the agent or authority to be photographed. The
agent or authority shall forward the photograph to the bureau deleted text begin of
Criminal Apprehension deleted text end .

new text begin The agent or authority shall require a person required to
register under this section who is classified as a level III
offender under section 244.052 to appear before the agent or
authority at least every six months to be photographed.
new text end

(e) During the period a person is required to register
under this section, the following deleted text begin shall deleted text end new text begin provisions new text end apply:

(1) new text begin Except for persons registering under subdivision 3a,
new text end the bureau deleted text begin of Criminal Apprehension deleted text end shall mail a verification
form to the deleted text begin last reported address of the deleted text end person's deleted text begin residence deleted text end new text begin last
reported primary address new text end . This verification form deleted text begin shall deleted text end new text begin must
new text end provide notice to the offender that, if the offender does not
return the verification form as required, information about the
offender may be made available to the public through electronic,
computerized, or other accessible means. new text begin For persons who are
registered under subdivision 3a, the bureau shall mail an annual
verification form to the law enforcement authority where the
offender most recently reported. The authority shall provide
the verification form to the person at the next weekly meeting
and ensure that the person completes and signs the form and
returns it to the bureau.
new text end

(2) The person shall mail the signed verification form back
to the bureau deleted text begin of Criminal Apprehension deleted text end within ten days after
receipt of the form, stating on the form the current and last
address of the person's residence and the other information
required under subdivision 4a.

(3) new text begin In addition to the requirements listed in this section,
a person who is assigned to risk level II or III under section
244.052, and who is no longer under correctional supervision for
a registration offense, or a failure to register offense, but
who resides, works, or attends school in Minnesota, shall have
an annual in-person contact with a law enforcement authority as
provided in this section. If the person resides in Minnesota,
the annual in-person contact shall be with the law enforcement
authority that has jurisdiction over the person's primary
address or, if the person has no address, the location where the
person is staying. If the person does not reside in Minnesota
but works or attends school in this state, the person shall have
an annual in-person contact with the law enforcement authority
or authorities with jurisdiction over the person's school or
workplace. During the month of the person's birth date, the
person shall report to the authority to verify the accuracy of
the registration information and to be photographed. Within
three days of this contact, the authority shall enter
information as required by the bureau into the predatory
offender registration database and submit an updated photograph
of the person to the bureau's predatory offender registration
unit.
new text end

new text begin (4) new text end If the person fails to mail the completed and signed
verification form to the bureau deleted text begin of Criminal Apprehension deleted text end within
ten days after receipt of the form, new text begin or if the person fails to
report to the law enforcement authority during the month of the
person's birth date, new text end the person deleted text begin shall be deleted text end new text begin is new text end in violation of this
section.

new text begin (5) For any person who fails to mail the completed and
signed verification form to the bureau within ten days after
receipt of the form and who has been determined to be a risk
level III offender under section 244.052, the bureau shall
immediately investigate and notify local law enforcement
authorities to investigate the person's location and to ensure
compliance with this section. The bureau also shall immediately
give notice of the person's violation of this section to the law
enforcement authority having jurisdiction over the person's last
registered address or addresses.
new text end

For persons required to register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end ,
paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States, the bureau shall comply with clause
(1) at least four times each year. new text begin For persons who, under
section 244.052, are assigned to risk level III and who are no
longer under correctional supervision for a registration offense
or a failure to register offense, the bureau shall comply with
clause (1) at least two times each year. new text end For all other persons
required to register under this section, the bureau shall comply
with clause (1) each year within 30 days of the anniversary date
of the person's initial registration.

(f) When sending out a verification form, the bureau deleted text begin of
Criminal Apprehension must deleted text end new text begin shall new text end determine whether the person to
whom the verification form is being sent has signed a written
consent form as provided for in paragraph (a). If the person
has not signed such a consent form, the bureau deleted text begin of Criminal
Apprehension must deleted text end new text begin shall new text end send a written consent form to the
person along with the verification form. A person who receives
this written consent form deleted text begin must deleted text end new text begin shall new text end sign and return it to the
bureau deleted text begin of Criminal Apprehension deleted text end at the same time as the
verification form.

deleted text begin (g) For the purposes of this subdivision, "treatment
facility" means a residential facility, as defined in section
244.052, subdivision 1, and residential chemical dependency
treatment programs and halfway houses licensed under chapter
245A, including, but not limited to, those facilities directly
or indirectly assisted by any department or agency of the United
States.
deleted text end

Subd. 4a.

Information required to be provided.

(a) deleted text begin As
used in this section:
deleted text end

deleted text begin (1) "motor vehicle" has the meaning given "vehicle" in
section 169.01, subdivision 2;
deleted text end

deleted text begin (2) "primary residence" means any place where the person
resides longer than 14 days or that is deemed a primary
residence by a person's corrections agent, if one is assigned to
the person; and
deleted text end

deleted text begin (3) "secondary residence" means any place where the person
regularly stays overnight when not staying at the person's
primary residence, and includes, but is not limited to:
deleted text end

deleted text begin (i) the person's parent's home if the person is a student
and stays at the home at times when the person is not staying at
school, including during the summer; and
deleted text end

deleted text begin (ii) the home of someone with whom the person has a minor
child in common where the child's custody is shared.
deleted text end

deleted text begin (b) deleted text end A person required to register under this section shall
provide to the corrections agent or law enforcement authority
the following information:

(1) the deleted text begin address of the deleted text end person's primary deleted text begin residence deleted text end new text begin address new text end ;

(2) deleted text begin the addresses of deleted text end all new text begin of new text end the person's secondary
deleted text begin residences deleted text end new text begin addresses new text end in Minnesota, including all addresses used
for residential or recreational purposes;

(3) the addresses of all Minnesota property owned, leased,
or rented by the person;

(4) the addresses of all locations where the person is
employed;

(5) the addresses of all deleted text begin residences deleted text end new text begin schools new text end where the
person deleted text begin resides while attending school deleted text end new text begin is enrolled new text end ; and

(6) the year, model, make, license plate number, and color
of all motor vehicles owned or regularly driven by the person.

deleted text begin (c) deleted text end new text begin (b) new text end The person shall report to the agent or authority
the information required to be provided under paragraph deleted text begin (b) deleted text end new text begin (a) new text end ,
clauses (2) to (6), within five days of the date the clause
becomes applicable. If because of a change in circumstances any
information reported under paragraph deleted text begin (b) deleted text end new text begin (a) new text end , clauses (1) to
(6), no longer applies, the person shall immediately inform the
agent or authority that the information is no longer valid. new text begin If
the person leaves a primary address and does not have a new
primary address, the person shall register as provided in
subdivision 3a.
new text end

new text begin Subd. 4b. new text end

new text begin Health care facility; notice of status. new text end

new text begin (a) As
used in paragraphs (b) and (c), "health care facility" means a
hospital or other entity licensed under sections 144.50 to
144.58, a nursing home licensed to serve adults under section
144A.02, or a group residential housing facility or an
intermediate care facility for the mentally retarded licensed
under chapter 245A. As used in paragraph (d), "health care
facility" means a nursing home licensed to serve adults under
section 144A.02, or a group residential housing facility or an
intermediate care facility for the mentally retarded licensed
under chapter 245A.
new text end

new text begin (b) Upon admittance to a health care facility, a person
required to register under this section shall disclose to:
new text end

new text begin (1) the health care facility employee processing the
admission the person's status as a registered predatory offender
under this section; and
new text end

new text begin (2) the person's corrections agent, or if the person does
not have an assigned corrections agent, the law enforcement
authority with whom the person is currently required to
register, that inpatient admission has occurred.
new text end

new text begin (c) A law enforcement authority or corrections agent who
receives notice under paragraph (b) or who knows that a person
required to register under this section has been admitted and is
receiving health care at a health care facility shall notify the
administrator of the facility.
new text end

new text begin (d) A health care facility that receives notice under this
subdivision that a predatory offender has been admitted to the
facility shall notify other patients at the facility of this
fact. If the facility determines that notice to a patient is
not appropriate given the patient's medical, emotional, or
mental status, the facility shall notify the patient's next of
kin or emergency contact.
new text end

Subd. 5.

Criminal penalty.

(a) A person required to
register under this section who knowingly violates any of its
provisions or intentionally provides false information to a
corrections agent, law enforcement authority, or the bureau deleted text begin of
Criminal Apprehension deleted text end is guilty of a felony and may be sentenced
to imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.

(b) Except as provided in paragraph (c), a person convicted
of violating paragraph (a) shall be committed to the custody of
the commissioner of corrections for not less than a year and a
day, nor more than five years.

(c) A person convicted of violating paragraph (a), who has
previously been convicted of or adjudicated delinquent for
violating this section new text begin or a similar statute of another state or
the United States new text end , shall be committed to the custody of the
commissioner of corrections for not less than two years, nor
more than five years.

(d) Prior to the time of sentencing, the prosecutor may
file a motion to have the person sentenced without regard to the
mandatory minimum sentence established by this subdivision. The
motion deleted text begin shall deleted text end new text begin must new text end be accompanied by a statement on the record of
the reasons for it. When presented with the motion, or on its
own motion, the court may sentence the person without regard to
the mandatory minimum sentence if the court finds substantial
and compelling reasons to do so. Sentencing a person in the
manner described in this paragraph is a departure from the
Sentencing Guidelines.

(e) A person convicted and sentenced as required by this
subdivision is not eligible for probation, parole, discharge,
work release, new text begin conditional release, new text end or supervised release, until
that person has served the full term of imprisonment as provided
by law, notwithstanding the provisions of sections 241.26,
242.19, 243.05, 244.04, 609.12, and 609.135.

new text begin Subd. 5a. new text end

new text begin Ten-year conditional release for violations
committed by level iii offenders. new text end

new text begin Notwithstanding the statutory
maximum sentence otherwise applicable to the offense or any
provision of the sentencing guidelines, when a court commits a
person to the custody of the commissioner of corrections for
violating subdivision 5 and, at the time of the violation, the
person was assigned to risk level III under section 244.052, the
court shall provide that after the person has completed the
sentence imposed, the commissioner shall place the person on
conditional release for ten years. The terms of conditional
release are governed by section 609.3455, subdivision 8.
new text end

Subd. 6.

Registration period.

(a) Notwithstanding the
provisions of section 609.165, subdivision 1, and except as
provided in paragraphs (b), (c), and (d), a person required to
register under this section shall continue to comply with this
section until ten years have elapsed since the person initially
registered in connection with the offense, or until the
probation, supervised release, or conditional release period
expires, whichever occurs later. For a person required to
register under this section who is committed under section
253B.18 or 253B.185, the ten-year registration period does not
include the period of commitment.

(b) If a person required to register under this section
fails to deleted text begin register following a change in residence deleted text end new text begin provide the
person's primary address as required by subdivision 3, paragraph
(b), fails to comply with the requirements of subdivision 3a,
fails to provide information as required by subdivision 4a, or
fails to return the verification form referenced in subdivision
4 within ten days new text end , the commissioner of public safety may require
the person to continue to register for an additional period of
five years. This five-year period is added to the end of the
offender's registration period.

(c) If a person required to register under this section is
subsequently incarcerated following a new text begin conviction for a new
offense or following a new text end revocation of probation, supervised
release, or conditional release for deleted text begin that deleted text end new text begin any new text end offense deleted text begin , or a
conviction for any new offense deleted text end , the person shall continue to
register until ten years have elapsed since the person was last
released from incarceration or until the person's probation,
supervised release, or conditional release period expires,
whichever occurs later.

(d) A person shall continue to comply with this section for
the life of that person:

(1) if the person is convicted of or adjudicated delinquent
for any offense for which registration is required under
subdivision deleted text begin 1 deleted text end new text begin 1b new text end , or any offense from another state or any
federal offense similar to the offenses described in subdivision
deleted text begin 1 deleted text end new text begin 1b new text end , and the person has a prior conviction or adjudication for
an offense for which registration was or would have been
required under subdivision deleted text begin 1 deleted text end new text begin 1b new text end , or an offense from another
state or a federal offense similar to an offense described in
subdivision deleted text begin 1 deleted text end new text begin 1b new text end ;

(2) if the person is required to register based upon a
conviction or delinquency adjudication for an offense under
section 609.185, clause (2), or a similar statute from another
state or the United States;

(3) if the person is required to register based upon a
conviction for an offense under section 609.342, subdivision 1,
paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
1, paragraph (a), (c), (d), (e), (f), or (h); 609.344,
subdivision 1, paragraph (a), (c), or (g); or 609.345,
subdivision 1, paragraph (a), (c), or (g); or a statute from
another state or the United States similar to the offenses
described in this clause; or

(4) if the person is required to register under subdivision
deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States.

Subd. 7.

Use of information.

Except as otherwise
provided in subdivision 7a or sections 244.052 and 299C.093, the
information provided under this section is private data on
individuals under section 13.02, subdivision 12. The
information may be used only for law enforcement purposes.

Subd. 7a.

Availability of information on offenders who
are out of compliance with registration law.

(a) The bureau deleted text begin of
Criminal Apprehension deleted text end may make information available to the
public about offenders who are 16 years of age or older and who
are out of compliance with this section for 30 days or longer
for failure to provide the deleted text begin address of the deleted text end offenders' primary or
secondary deleted text begin residences deleted text end new text begin addresses new text end . This information may be made
available to the public through electronic, computerized, or
other accessible means. The amount and type of information made
available deleted text begin shall be deleted text end new text begin is new text end limited to the information necessary for
the public to assist law enforcement in locating the offender.

(b) An offender who comes into compliance with this section
after the bureau deleted text begin of Criminal Apprehension deleted text end discloses information
about the offender to the public may send a written request to
the bureau requesting the bureau to treat information about the
offender as private data, consistent with subdivision 7. The
bureau shall review the request and promptly take reasonable
action to treat the data as private, if the offender has
complied with the requirement that the offender provide deleted text begin the
addresses of deleted text end the offender's primary and secondary deleted text begin residences
deleted text end new text begin addresses new text end , or promptly notify the offender that the information
will continue to be treated as public information and the
reasons for the bureau's decision.

(c) If an offender believes the information made public
about the offender is inaccurate or incomplete, the offender may
challenge the data under section 13.04, subdivision 4.

(d) The bureau deleted text begin of Criminal Apprehension deleted text end is immune from any
civil or criminal liability that might otherwise arise, based on
the accuracy or completeness of any information made public
under this subdivision, if the bureau acts in good faith.

deleted text begin Subd. 8. deleted text end

deleted text begin Law enforcement authority. deleted text end

deleted text begin For purposes of this
section, a law enforcement authority means, with respect to a
home rule charter or statutory city, the chief of police, and
with respect to an unincorporated area, the sheriff of the
county.
deleted text end

Subd. 9.

Offenders from other states.

new text begin (a) new text end When the state
accepts an offender from another state under a reciprocal
agreement under the interstate compact authorized by section
243.16 new text begin , the interstate compact authorized by section 243.1605,
new text end or under any authorized interstate agreement, the acceptance is
conditional on the offender agreeing to register under this
section when the offender is living in Minnesota.

new text begin (b) The Bureau of Criminal Apprehension shall notify the
commissioner of corrections:
new text end

new text begin (1) when the bureau receives notice from a local law
enforcement authority that a person from another state who is
subject to this section has registered with the authority,
unless the bureau previously received information about the
offender from the commissioner of corrections;
new text end

new text begin (2) when a registration authority, corrections agent, or
law enforcement agency in another state notifies the bureau that
a person from another state who is subject to this section is
moving to Minnesota; and
new text end

new text begin (3) when the bureau learns that a person from another state
is in Minnesota and allegedly in violation of subdivision 5 for
failure to register.
new text end

new text begin (c) When a local law enforcement agency notifies the bureau
of an out-of-state offender's registration, the agency shall
provide the bureau with information on whether the person is
subject to community notification in another state and the risk
level the person was assigned, if any.
new text end

new text begin (d) The bureau must forward all information it receives
regarding offenders covered under this subdivision from sources
other than the commissioner of corrections to the commissioner.
new text end

new text begin (e) When the bureau receives information directly from a
registration authority, corrections agent, or law enforcement
agency in another state that a person who may be subject to this
section is moving to Minnesota, the bureau must ask whether the
person entering the state is subject to community notification
in another state and the risk level the person has been
assigned, if any.
new text end

new text begin (f) When the bureau learns that a person subject to this
section intends to move into Minnesota from another state or has
moved into Minnesota from another state, the bureau shall notify
the law enforcement authority with jurisdiction in the area of
the person's primary address and provide all information
concerning the person that is available to the bureau.
new text end

new text begin (g) The commissioner of corrections must determine the
parole, supervised release, or conditional release status of
persons who are referred to the commissioner under this
subdivision. If the commissioner determines that a person is
subject to parole, supervised release, or conditional release in
another state and is not registered in Minnesota under the
applicable interstate compact, the commissioner shall inform the
local law enforcement agency that the person is in violation of
section 243.161. If the person is not subject to supervised
release, the commissioner shall notify the bureau and the local
law enforcement agency of the person's status.
new text end

new text begin Subd. 10. new text end

new text begin Venue; aggregation. new text end

new text begin (a) A violation of this
section may be prosecuted in any jurisdiction where an offense
takes place. However, the prosecutorial agency in the
jurisdiction where the person last registered a primary address
is initially responsible to review the case for prosecution.
new text end

new text begin (b) When a person commits two or more offenses in two or
more counties, the accused may be prosecuted for all of the
offenses in any county in which one of the offenses was
committed.
new text end

new text begin Subd. 11. new text end

new text begin Certified copies as evidence. new text end

new text begin Certified copies
of predatory offender registration records are admissible as
substantive evidence when necessary to prove the commission of a
violation of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Except as otherwise provided, the
provisions of this section are effective the day following final
enactment and apply to persons subject to predatory offender
registration on or after that date. Subdivision 4, paragraph
(e), clause (3), is effective December 1, 2005. Subdivision 4b
is effective August 1, 2005, and applies to persons subject to
predatory offender registration on or after that date.
Subdivision 5a is effective August 1, 2005, and applies to
crimes committed on or after that date. Subdivision 6,
paragraph (c), is effective August 1, 2005, and applies to any
offense, revocation of probation, supervised release, or
conditional release that occurs on or after that date.
Subdivision 9 is effective July 1, 2005.
new text end

Sec. 9.

Minnesota Statutes 2004, section 243.167, is
amended to read:

243.167 REGISTRATION UNDER THE PREDATORY OFFENDER
REGISTRATION LAW FOR OTHER OFFENSES.

Subdivision 1.

Definition.

As used in this section,
"crime against the person" means a violation of any of the
following or a similar law of another state or of the United
States: section 609.165; 609.185; 609.19; 609.195; 609.20;
609.205; 609.221; 609.222; 609.223; new text begin 609.2231; new text end 609.224,
subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235;
609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision
2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23,
subdivision 2; or any felony-level violation of section 609.229;
609.377; 609.749; or 624.713.

Subd. 2.

When required.

(a) In addition to the
requirements of section 243.166, a person also shall register
under section 243.166 if:

(1) the person is convicted of a crime against the person;
and

(2) the person was previously convicted of or adjudicated
delinquent for an offense listed in section 243.166, deleted text begin subdivision
1, paragraph (a), deleted text end but was not required to register for the
offense because the registration requirements of that section
did not apply to the person at the time the offense was
committed or at the time the person was released from
imprisonment.

(b) A person who was previously required to register deleted text begin under
section 243.166 deleted text end new text begin in any state new text end and who has completed the
registration requirements of that deleted text begin section deleted text end new text begin state new text end shall again
register under section 243.166 if the person commits a crime
against the person.

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. 10.

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 deleted text begin sections
deleted text end new text begin section new text end 609.342 deleted text begin to deleted text end new text begin , 609.343, 609.344, new text end 609.345 new text begin , or 609.3453 new text end or
was sentenced under the provisions of section 609.108. new text begin The
commissioner shall order that all level III predatory offenders
be placed on intensive supervised release for the entire
supervised release, conditional release, or parole term. 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 deleted text begin 609.108 deleted text end new text begin 609.3455 new text end .

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. 11.

Minnesota Statutes 2004, section 244.05,
subdivision 7, is amended to read:

Subd. 7.

Sex offenders; civil commitment determination.

(a) Before the commissioner releases from prison any inmate
convicted under deleted text begin sections deleted text end new text begin section new text end 609.342 deleted text begin to deleted text end new text begin , 609.343, 609.344,
new text end 609.345 new text begin , or 609.3453, new text end or sentenced as a patterned offender under
section 609.108, and determined by the commissioner to be in a
high risk category, the commissioner shall make a preliminary
determination whether, in the commissioner's opinion, a petition
under section 253B.185 may be appropriate. new text begin The commissioner's
opinion must be based on a recommendation of a Department of
Corrections screening committee and a legal review and
recommendation from independent counsel knowledgeable in the
legal requirements of the civil commitment process. The
commissioner may retain a retired judge or other attorney to
serve as independent counsel.
new text end

(b) In making this decision, the commissioner shall have
access to the following data only for the purposes of the
assessment and referral decision:

(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;

(2) private and confidential court services data under
section 13.84;

(3) private and confidential corrections data under section
13.85; and

(4) private criminal history data under section 13.87.

(c) If the commissioner determines that a petition may be
appropriate, the commissioner shall forward this determination,
along with a summary of the reasons for the determination, to
the county attorney in the county where the inmate was convicted
no later than 12 months before the inmate's release date. If
the inmate is received for incarceration with fewer than 12
months remaining in the inmate's term of imprisonment, or if the
commissioner receives additional information less than 12 months
before release deleted text begin which deleted text end new text begin that new text end makes the inmate's case appropriate
for referral, the commissioner shall forward the determination
as soon as is practicable. Upon receiving the commissioner's
preliminary determination, the county attorney shall proceed in
the manner provided in section 253B.185. The commissioner shall
release to the county attorney all requested documentation
maintained by the department.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 12.

Minnesota Statutes 2004, section 244.052,
subdivision 3, is amended to read:

Subd. 3.

End-of-confinement review committee.

(a) The
commissioner of corrections shall establish and administer
end-of-confinement review committees at each state correctional
facility and at each state treatment facility where predatory
offenders are confined. The committees shall assess on a
case-by-case basis the public risk posed by predatory offenders
who are about to be released from confinement.

(b) Each committee shall be a standing committee and shall
consist of the following members appointed by the commissioner:

(1) the chief executive officer or head of the correctional
or treatment facility where the offender is currently confined,
or that person's designee;

(2) a law enforcement officer;

(3) a treatment professional who is trained in the
assessment of sex offenders;

(4) a caseworker experienced in supervising sex offenders;
and

(5) a victim's services professional.

Members of the committee, other than the facility's chief
executive officer or head, shall be appointed by the
commissioner to two-year terms. The chief executive officer or
head of the facility or designee shall act as chair of the
committee and shall use the facility's staff, as needed, to
administer the committee, obtain necessary information from
outside sources, and prepare risk assessment reports on
offenders.

(c) The committee shall have access to the following data
on a predatory offender only for the purposes of its assessment
and to defend the committee's risk assessment determination upon
administrative review under this section:

(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;

(2) private and confidential court services data under
section 13.84;

(3) private and confidential corrections data under section
13.85; and

(4) private criminal history data under section 13.87.

Data collected and maintained by the committee under this
paragraph may not be disclosed outside the committee, except as
provided under section 13.05, subdivision 3 or 4. The predatory
offender has access to data on the offender collected and
maintained by the committee, unless the data are confidential
data received under this paragraph.

(d)(i) Except as otherwise provided in deleted text begin item deleted text end new text begin items new text end (ii) new text begin ,
(iii), and (iv) new text end , at least 90 days before a predatory offender is
to be released from confinement, the commissioner of corrections
shall convene the appropriate end-of-confinement review
committee for the purpose of assessing the risk presented by the
offender and determining the risk level to which the offender
shall be assigned under paragraph (e). The offender and the law
enforcement agency that was responsible for the charge resulting
in confinement shall be notified of the time and place of the
committee's meeting. The offender has a right to be present and
be heard at the meeting. The law enforcement agency may provide
material in writing that is relevant to the offender's risk
level to the chair of the committee. The committee shall use
the risk factors described in paragraph (g) and the risk
assessment scale developed under subdivision 2 to determine the
offender's risk assessment score and risk level. Offenders
scheduled for release from confinement shall be assessed by the
committee established at the facility from which the offender is
to be released.

(ii) If an offender is received for confinement in a
facility with less than 90 days remaining in the offender's term
of confinement, the offender's risk shall be assessed at the
first regularly scheduled end of confinement review committee
that convenes after the appropriate documentation for the risk
assessment is assembled by the committee. The commissioner
shall make reasonable efforts to ensure that offender's risk is
assessed and a risk level is assigned or reassigned at least 30
days before the offender's release date.

new text begin (iii) If the offender is subject to a mandatory life
sentence under section 609.3455, subdivision 3 or 4, the
commissioner of corrections shall convene the appropriate
end-of-confinement review committee at least nine months before
the offender's minimum term of imprisonment has been served. If
the offender is received for confinement in a facility with less
than nine months remaining before the offender's minimum term of
imprisonment has been served, the committee shall conform its
procedures to those outlined in item (ii) to the extent
practicable.
new text end

new text begin (iv) If the offender is granted supervised release, the
commissioner of corrections shall notify the appropriate
end-of-confinement review committee that it needs to review the
offender's previously determined risk level at its next
regularly scheduled meeting. The commissioner shall make
reasonable efforts to ensure that the offender's earlier risk
level determination is reviewed and the risk level is confirmed
or reassigned at least 60 days before the offender's release
date. The committee shall give the report to the offender and
to the law enforcement agency at least 60 days before an
offender is released from confinement.
new text end

(e) The committee shall assign to risk level I a predatory
offender whose risk assessment score indicates a low risk of
reoffense. The committee shall assign to risk level II an
offender whose risk assessment score indicates a moderate risk
of reoffense. The committee shall assign to risk level III an
offender whose risk assessment score indicates a high risk of
reoffense.

(f) Before the predatory offender is released from
confinement, the committee shall prepare a risk assessment
report which specifies the risk level to which the offender has
been assigned and the reasons underlying the committee's risk
assessment decision. new text begin Except for an offender subject to a
mandatory life sentence under section 609.3455, subdivision 3 or
4, who has not been granted supervised release, new text end the committee
shall give the report to the offender and to the law enforcement
agency at least 60 days before an offender is released from
confinement. new text begin If the offender is subject to a mandatory life
sentence and has not yet served the entire minimum term of
imprisonment, the committee shall give the report to the
offender and to the commissioner at least six months before the
offender is first eligible for release. new text end If the risk assessment
is performed under the circumstances described in paragraph (d),
item (ii), the report shall be given to the offender and the law
enforcement agency as soon as it is available. The committee
also shall inform the offender of the availability of review
under subdivision 6.

(g) As used in this subdivision, "risk factors" includes,
but is not limited to, the following factors:

(1) the seriousness of the offense should the offender
reoffend. This factor includes consideration of the following:

(i) the degree of likely force or harm;

(ii) the degree of likely physical contact; and

(iii) the age of the likely victim;

(2) the offender's prior offense history. This factor
includes consideration of the following:

(i) the relationship of prior victims to the offender;

(ii) the number of prior offenses or victims;

(iii) the duration of the offender's prior offense history;

(iv) the length of time since the offender's last prior
offense while the offender was at risk to commit offenses; and

(v) the offender's prior history of other antisocial acts;

(3) the offender's characteristics. This factor includes
consideration of the following:

(i) the offender's response to prior treatment efforts; and

(ii) the offender's history of substance abuse;

(4) the availability of community supports to the offender.
This factor includes consideration of the following:

(i) the availability and likelihood that the offender will
be involved in therapeutic treatment;

(ii) the availability of residential supports to the
offender, such as a stable and supervised living arrangement in
an appropriate location;

(iii) the offender's familial and social relationships,
including the nature and length of these relationships and the
level of support that the offender may receive from these
persons; and

(iv) the offender's lack of education or employment
stability;

(5) whether the offender has indicated or credible evidence
in the record indicates that the offender will reoffend if
released into the community; and

(6) whether the offender demonstrates a physical condition
that minimizes the risk of reoffense, including but not limited
to, advanced age or a debilitating illness or physical condition.

(h) Upon the request of the law enforcement agency or the
offender's corrections agent, the commissioner may reconvene the
end-of-confinement review committee for the purpose of
reassessing the risk level to which an offender has been
assigned under paragraph (e). In a request for a reassessment,
the law enforcement agency which was responsible for the charge
resulting in confinement or agent shall list the facts and
circumstances arising after the initial assignment or facts and
circumstances known to law enforcement or the agent but not
considered by the committee under paragraph (e) which support
the request for a reassessment. The request for reassessment by
the law enforcement agency must occur within 30 days of receipt
of the report indicating the offender's risk level assignment.
The offender's corrections agent, in consultation with the chief
law enforcement officer in the area where the offender resides
or intends to reside, may request a review of a risk level at
any time if substantial evidence exists that the offender's risk
level should be reviewed by an end-of-confinement review
committee. This evidence includes, but is not limited to,
evidence of treatment failures or completions, evidence of
exceptional crime-free community adjustment or lack of
appropriate adjustment, evidence of substantial community need
to know more about the offender or mitigating circumstances that
would narrow the proposed scope of notification, or other
practical situations articulated and based in evidence of the
offender's behavior while under supervision. Upon review of the
request, the end-of-confinement review committee may reassign an
offender to a different risk level. If the offender is
reassigned to a higher risk level, the offender has the right to
seek review of the committee's determination under subdivision 6.

(i) An offender may request the end-of-confinement review
committee to reassess the offender's assigned risk level after
three years have elapsed since the committee's initial risk
assessment and may renew the request once every two years
following subsequent denials. In a request for reassessment,
the offender shall list the facts and circumstances which
demonstrate that the offender no longer poses the same degree of
risk to the community. In order for a request for a risk level
reduction to be granted, the offender must demonstrate full
compliance with supervised release conditions, completion of
required post-release treatment programming, and full compliance
with all registration requirements as detailed in section
243.166. The offender must also not have been convicted of any
felony, gross misdemeanor, or misdemeanor offenses subsequent to
the assignment of the original risk level. The committee shall
follow the process outlined in paragraphs (a) to (c) in the
reassessment. An offender who is incarcerated may not request a
reassessment under this paragraph.

(j) Offenders returned to prison as release violators shall
not have a right to a subsequent risk reassessment by the
end-of-confinement review committee unless substantial evidence
indicates that the offender's risk to the public has increased.

(k) deleted text begin The commissioner shall establish an end-of-confinement
review committee to assign a risk level to offenders who are
released from a federal correctional facility in Minnesota or
another state and who intend to reside in Minnesota, and to
offenders accepted from another state under a reciprocal
agreement for parole supervision under the interstate compact
authorized by section 243.16. The committee shall make
reasonable efforts to conform to the same timelines as applied
to Minnesota cases. Offenders accepted from another state under
a reciprocal agreement for probation supervision are not
assigned a risk level, but are considered downward dispositional
departures. The probation or court services officer and law
enforcement officer shall manage such cases in accordance with
section 244.10, subdivision 2a. The policies and procedures of
the committee for federal offenders and interstate compact cases
must be in accordance with all requirements as set forth in this
section, unless restrictions caused by the nature of federal or
interstate transfers prevents such conformance.
deleted text end

deleted text begin (l) deleted text end If the committee assigns a predatory offender to risk
level III, the committee shall determine whether residency
restrictions shall be included in the conditions of the
offender's release based on the offender's pattern of offending
behavior.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to persons subject to community notification on or
after that date.
new text end

Sec. 13.

Minnesota Statutes 2004, section 244.052, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Offenders from other states and offenders
released from federal facilities. new text end

new text begin (a) Except as provided in
paragraph (b), the commissioner shall establish an
end-of-confinement review committee to assign a risk level:
new text end

new text begin (1) to offenders who are released from a federal
correctional facility in Minnesota or a federal correctional
facility in another state and who intend to reside in Minnesota;
new text end

new text begin (2) to offenders who are accepted from another state under
the interstate compact authorized by section 243.16 or 243.1605
or any other authorized interstate agreement; and
new text end

new text begin (3) to offenders who are referred to the committee by local
law enforcement agencies under paragraph (f).
new text end

new text begin (b) This subdivision does not require the commissioner to
convene an end-of-confinement review committee for a person
coming into Minnesota who is subject to probation under another
state's law. The probation or court services officer and law
enforcement officer shall manage such cases in accordance with
section 244.10, subdivision 2a.
new text end

new text begin (c) The committee shall make reasonable efforts to conform
to the same timelines applied to offenders released from a
Minnesota correctional facility and shall collect all relevant
information and records on offenders assessed and assigned a
risk level under this subdivision. However, for offenders who
were assigned the most serious risk level by another state, the
committee must act promptly to collect the information required
under this paragraph.
new text end

new text begin The end-of-confinement review committee must proceed in
accordance with all requirements set forth in this section and
follow all policies and procedures applied to offenders released
from a Minnesota correctional facility in reviewing information
and assessing the risk level of offenders covered by this
subdivision, unless restrictions caused by the nature of federal
or interstate transfers prevent such conformance. All of the
provisions of this section apply to offenders who are assessed
and assigned a risk level under this subdivision.
new text end

new text begin (d) If a local law enforcement agency learns or suspects
that a person who is subject to this section is living in
Minnesota and a risk level has not been assigned to the person
under this section, the law enforcement agency shall provide
this information to the Bureau of Criminal Apprehension and the
commissioner of corrections within three business days.
new text end

new text begin (e) If the commissioner receives reliable information from
a local law enforcement agency or the bureau that a person
subject to this section is living in Minnesota and a local law
enforcement agency so requests, the commissioner must determine
if the person was assigned a risk level under a law comparable
to this section. If the commissioner determines that the law is
comparable and public safety warrants, the commissioner, within
three business days of receiving a request, shall notify the
local law enforcement agency that it may, in consultation with
the department, proceed with notification under subdivision 4
based on the person's out-of-state risk level. However, if the
commissioner concludes that the offender is from a state with a
risk level assessment law that is not comparable to this
section, the extent of the notification may not exceed that of a
risk level II offender under subdivision 4, paragraph (b),
unless the requirements of paragraph (f) have been met. If an
assessment is requested from the end-of-confinement review
committee under paragraph (f), the local law enforcement agency
may continue to disclose information under subdivision 4 until
the committee assigns the person a risk level. After the
committee assigns a risk level to an offender pursuant to a
request made under paragraph (f), the information disclosed by
law enforcement shall be consistent with the risk level assigned
by the end-of-confinement review committee. The commissioner of
corrections, in consultation with legal advisers, shall
determine whether the law of another state is comparable to this
section.
new text end

new text begin (f) If the local law enforcement agency wants to make a
broader disclosure than is authorized under paragraph (e), the
law enforcement agency may request that an end-of-confinement
review committee assign a risk level to the offender. The local
law enforcement agency shall provide to the committee all
information concerning the offender's criminal history, the risk
the offender poses to the community, and other relevant
information. The department shall attempt to obtain other
information relevant to determining which risk level to assign
the offender. The committee shall promptly assign a risk level
to an offender referred to the committee under this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to persons subject to community notification on or
after that date.
new text end

Sec. 14.

Minnesota Statutes 2004, section 244.052,
subdivision 4, is amended to read:

Subd. 4.

Law enforcement agency; disclosure of
information to public.

(a) The law enforcement agency in the
area where the predatory offender resides, expects to reside, is
employed, or is regularly found, shall disclose to the public
any information regarding the offender contained in the report
forwarded to the agency under subdivision 3, paragraph (f), that
is relevant and necessary to protect the public and to
counteract the offender's dangerousness, consistent with the
guidelines in paragraph (b). The extent of the information
disclosed and the community to whom disclosure is made must
relate to the level of danger posed by the offender, to the
offender's pattern of offending behavior, and to the need of
community members for information to enhance their individual
and collective safety.

(b) The law enforcement agency shall employ the following
guidelines in determining the scope of disclosure made under
this subdivision:

(1) if the offender is assigned to risk level I, the agency
may maintain information regarding the offender within the
agency and may disclose it to other law enforcement agencies.
Additionally, the agency may disclose the information to any
victims of or witnesses to the offense committed by the
offender. The agency shall disclose the information to victims
of the offense committed by the offender who have requested
disclosure and to adult members of the offender's immediate
household;

(2) if the offender is assigned to risk level II, the
agency also may disclose the information to agencies and groups
that the offender is likely to encounter for the purpose of
securing those institutions and protecting individuals in their
care while they are on or near the premises of the institution.
These agencies and groups include the staff members of public
and private educational institutions, day care establishments,
and establishments and organizations that primarily serve
individuals likely to be victimized by the offender. The agency
also may disclose the information to individuals the agency
believes are likely to be victimized by the offender. The
agency's belief shall be based on the offender's pattern of
offending or victim preference as documented in the information
provided by the department of corrections or human services;

(3) if the offender is assigned to risk level III, the
agency shall disclose the information to the persons and
entities described in clauses (1) and (2) and to other members
of the community whom the offender is likely to encounter,
unless the law enforcement agency determines that public safety
would be compromised by the disclosure or that a more limited
disclosure is necessary to protect the identity of the victim.

Notwithstanding the assignment of a predatory offender to
risk level II or III, a law enforcement agency may not make the
disclosures permitted or required by clause (2) or (3), if: the
offender is placed or resides in a residential facility.
However, if an offender is placed or resides in a residential
facility, the offender and the head of the facility shall
designate the offender's likely residence upon release from the
facility and the head of the facility shall notify the
commissioner of corrections or the commissioner of human
services of the offender's likely residence at least 14 days
before the offender's scheduled release date. The commissioner
shall give this information to the law enforcement agency having
jurisdiction over the offender's likely residence. The head of
the residential facility also shall notify the commissioner of
corrections or human services within 48 hours after finalizing
the offender's approved relocation plan to a permanent
residence. Within five days after receiving this notification,
the appropriate commissioner shall give to the appropriate law
enforcement agency all relevant information the commissioner has
concerning the offender, including information on the risk
factors in the offender's history and the risk level to which
the offender was assigned. After receiving this information,
the law enforcement agency shall make the disclosures permitted
or required by clause (2) or (3), as appropriate.

(c) As used in paragraph (b), clauses (2) and (3), "likely
to encounter" means that:

(1) the organizations or community members are in a
location or in close proximity to a location where the offender
lives or is employed, or which the offender visits or is likely
to visit on a regular basis, other than the location of the
offender's outpatient treatment program; and

(2) the types of interaction which ordinarily occur at that
location and other circumstances indicate that contact with the
offender is reasonably certain.

(d) A law enforcement agency or official who discloses
information under this subdivision shall make a good faith
effort to make the notification within 14 days of receipt of a
confirmed address from the Department of Corrections indicating
that the offender will be, or has been, released from
confinement, or accepted for supervision, or has moved to a new
address and will reside at the address indicated. If a change
occurs in the release plan, this notification provision does not
require an extension of the release date.

(e) A law enforcement agency or official who discloses
information under this subdivision shall not disclose the
identity or any identifying characteristics of the victims of or
witnesses to the offender's offenses.

(f) A law enforcement agency shall continue to disclose
information on an offender as required by this subdivision for
as long as the offender is required to register under section
243.166. new text begin This requirement on a law enforcement agency to
continue to disclose information also applies to an offender who
lacks a primary address and is registering under section
243.166, subdivision 3a.
new text end

(g) A law enforcement agency that is disclosing information
on an offender assigned to risk level III to the public under
this subdivision shall inform the commissioner of corrections
what information is being disclosed and forward this information
to the commissioner within two days of the agency's
determination. The commissioner shall post this information on
the Internet as required in subdivision 4b.

(h) A city council may adopt a policy that addresses when
information disclosed under this subdivision must be presented
in languages in addition to English. The policy may address
when information must be presented orally, in writing, or both
in additional languages by the law enforcement agency disclosing
the information. The policy may provide for different
approaches based on the prevalence of non-English languages in
different neighborhoods.

new text begin (i) An offender who is the subject of a community
notification meeting held pursuant to this section may not
attend the meeting.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies to persons subject to
community notification on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2004, section 244.052, is
amended by adding a subdivision to read:

new text begin Subd. 4c. new text end

new text begin Law enforcement agency; disclosure of
information to a health care facility. new text end

new text begin (a) The law enforcement
agency in the area where a health care facility is located shall
disclose the registrant status of any predatory offender
registered under section 243.166 to the health care facility if
the registered offender is receiving inpatient care in that
facility.
new text end

new text begin (b) As used in this section, "health care facility" means a
hospital or other entity licensed under sections 144.50 to
144.58, a nursing home licensed to serve adults under section
144A.02, or a group residential housing facility or an
intermediate care facility for the mentally retarded licensed
under chapter 245A.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 16.

new text begin [244.056] PREDATORY OFFENDER SEEKING HOUSING IN
JURISDICTION OF DIFFERENT CORRECTIONS AGENCY.
new text end

new text begin If a corrections agency supervising an offender who is
required to register as a predatory offender under section
243.166 and who is classified by the department as a public risk
monitoring case has knowledge that the offender is seeking
housing arrangements in a location under the jurisdiction of
another corrections agency, the agency shall notify the other
agency of this and initiate a supervision transfer request.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 17.

new text begin [244.057] PLACEMENT OF PREDATORY OFFENDER IN
HOUSEHOLD WITH CHILDREN.
new text end

new text begin A corrections agency supervising an offender required to
register as a predatory offender under section 243.166 shall
notify the appropriate child protection agency before
authorizing the offender to live in a household where children
are residing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 18.

Minnesota Statutes 2004, section 244.10,
subdivision 2a, is amended to read:

Subd. 2a.

Notice of information regarding predatory
offenders.

(a) Subject to paragraph (b), in any case in which a
person is convicted of an offense and the presumptive sentence
under the Sentencing Guidelines is commitment to the custody of
the commissioner of corrections, if the court grants a
dispositional departure and stays imposition or execution of
sentence, the probation or court services officer who is
assigned to supervise the offender shall provide in writing to
the following the fact that the offender is on probation and the
terms and conditions of probation:

(1) a victim of and any witnesses to the offense committed
by the offender, if the victim or the witness has requested
notice; and

(2) the chief law enforcement officer in the area where the
offender resides or intends to reside.

The law enforcement officer, in consultation with the
offender's probation officer, may provide all or part of this
information to any of the following agencies or groups the
offender is likely to encounter: public and private educational
institutions, day care establishments, and establishments or
organizations that primarily serve individuals likely to be
victimized by the offender. new text begin The law enforcement officer, in
consultation with the offender's probation officer, also may
disclose the information to individuals the officer believes are
likely to be victimized by the offender. The officer's belief
shall be based on the offender's pattern of offending or victim
preference as documented in the information provided by the
Department of Corrections or Department of Human Services.
new text end

The probation officer is not required under this
subdivision to provide any notice while the offender is placed
or resides in a residential facility that is licensed under
section 245A.02, subdivision 14, or 241.021, if the facility
staff is trained in the supervision of sex offenders.

(b) Paragraph (a) applies only to offenders required to
register under section 243.166, as a result of the conviction.

(c) The notice authorized by paragraph (a) shall be limited
to data classified as public under section 13.84, subdivision 6,
unless the offender provides informed consent to authorize the
release of nonpublic data or unless a court order authorizes the
release of nonpublic data.

(d) Nothing in this subdivision shall be interpreted to
impose a duty on any person to use any information regarding an
offender about whom notification is made under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to offenders entering the state, released from
confinement, subject to community notification, or sentenced on
or after that date.
new text end

Sec. 19.

Minnesota Statutes 2004, section 253B.18,
subdivision 5, is amended to read:

Subd. 5.

Petition; notice of hearing; attendance; order.

(a) A petition for an order of transfer, discharge, provisional
discharge, or revocation of provisional discharge shall be filed
with the commissioner and may be filed by the patient or by the
head of the treatment facility. A patient may not petition the
special review board for six months following commitment under
subdivision 3 or following the final disposition of any previous
petition and subsequent appeal by the patient. The medical
director may petition at any time.

(b) Fourteen days prior to the hearing, the committing
court, the county attorney of the county of commitment, the
designated agency, interested person, the petitioner, and the
petitioner's counsel shall be given written notice by the
commissioner of the time and place of the hearing before the
special review board. Only those entitled to statutory notice
of the hearing or those administratively required to attend may
be present at the hearing. The patient may designate interested
persons to receive notice by providing the names and addresses
to the commissioner at least 21 days before the hearing. The
board shall provide the commissioner with written findings of
fact and recommendations within 21 days of the hearing. The
commissioner shall issue an order no later than 14 days after
receiving the recommendation of the special review board. A
copy of the order shall be sent by certified mail to every
person entitled to statutory notice of the hearing within five
days after it is signed. No order by the commissioner shall be
effective sooner than 30 days after the order is signed, unless
the county attorney, the patient, and the commissioner agree
that it may become effective sooner.

(c) The special review board shall hold a hearing on each
petition prior to making its recommendation to the
commissioner. The special review board proceedings are not
contested cases as defined in chapter 14. Any person or agency
receiving notice that submits documentary evidence to the
special review board prior to the hearing shall also provide
copies to the patient, the patient's counsel, the county
attorney of the county of commitment, the case manager, and the
commissioner.

(d) Prior to the final decision by the commissioner, the
special review board may be reconvened to consider events or
circumstances that occurred subsequent to the hearing.

new text begin (e) In making their recommendations and order, the special
review board and commissioner must consider any statements
received from victims under subdivision 5a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 20.

Minnesota Statutes 2004, section 253B.18, is
amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Victim notification of petition and release;
right to submit statement. new text end

new text begin (a) As used in this subdivision:
new text end

new text begin (1) "crime" has the meaning given to "violent crime" in
section 609.1095, and includes criminal sexual conduct in the
fifth degree and offenses within the definition of "crime
against the person" in section 253B.02, subdivision 4a, and also
includes offenses listed in section 253B.02, subdivision 7a,
paragraph (b), regardless of whether they are sexually
motivated;
new text end

new text begin (2) "victim" means a person who has incurred loss or harm
as a result of a crime the behavior for which forms the basis
for a commitment under this section or section 253B.185; and
new text end

new text begin (3) "convicted" and "conviction" have the meanings given in
section 609.02, subdivision 5, and also include juvenile court
adjudications, findings under Minnesota Rules of Criminal
Procedure, Rule 20.02, that the elements of a crime have been
proved, and findings in commitment cases under this section or
section 253B.185 that an act or acts constituting a crime
occurred.
new text end

new text begin (b) A county attorney who files a petition to commit a
person under this section or section 253B.185 shall make a
reasonable effort to provide prompt notice of filing the
petition to any victim of a crime for which the person was
convicted. In addition, the county attorney shall make a
reasonable effort to promptly notify the victim of the
resolution of the petition.
new text end

new text begin (c) Before provisionally discharging, discharging, granting
pass-eligible status, approving a pass plan, or otherwise
permanently or temporarily releasing a person committed under
this section or section 253B.185 from a treatment facility, the
head of the treatment facility shall make a reasonable effort to
notify any victim of a crime for which the person was convicted
that the person may be discharged or released and that the
victim has a right to submit a written statement regarding
decisions of the medical director, special review board, or
commissioner with respect to the person. To the extent
possible, the notice must be provided at least 14 days before
any special review board hearing or before a determination on a
pass plan.
new text end

new text begin (d) This subdivision applies only to victims who have
requested notification by contacting, in writing, the county
attorney in the county where the conviction for the crime
occurred. A county attorney who receives a request for
notification under this paragraph shall promptly forward the
request to the commissioner of human services.
new text end

new text begin (e) The rights under this subdivision are in addition to
rights available to a victim under chapter 611A. This provision
does not give a victim all the rights of a "notified person" or
a person "entitled to statutory notice" under subdivision 4a,
4b, or 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 21.

Minnesota Statutes 2004, section 609.108,
subdivision 7, is amended to read:

Subd. 7.

Commissioner of corrections.

The commissioner
shall new text begin develop a plan to new text end pay the cost of treatment of a person
released under subdivision 6. new text begin The plan may include co-payments
from offenders, third-party payers, local agencies, or other
funding sources as they are identified. new text end 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 July 1, 2005.
new text end

Sec. 22.

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. 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 new text begin develop a plan to new text end pay the cost
of treatment of a person released under this subdivision. new text begin