HF 1

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

A bill for an act
relating to public safety; providing a life penalty
without the possibility of release for certain first
degree criminal sexual conduct crimes; creating
indeterminate sentences and mandatory life sentences
for certain first through fourth degree criminal
sexual conduct crimes; creating a new criminal sexual
predatory conduct crime; establishing the Minnesota
Sex Offender Review Board; providing procedures for
operation of the review board; specifying when an
offender may petition for conditional release;
directing the Sentencing Guidelines Commission to
designate presumptive sentences for certain offenses;
requiring the commissioner of corrections to establish
criteria and procedures for reviewing offenders'
petitions for release; allowing the Minnesota Sex
Offender Review Board and the commissioner of
corrections to proceed with expedited rulemaking;
exempting the review board from contested case
proceedings; granting the review board access to
certain data; specifying that the Open Meeting Law
does not apply to meetings and hearings of the
Minnesota Sex Offender Review Board; instructing the
revisor to recodify and renumber statutes; making
various technical and conforming changes; amending
Minnesota Statutes 2004, sections 13.851, by adding a
subdivision; 13D.01, subdivision 2; 241.67,
subdivision 3; 243.166, subdivision 1; 244.05,
subdivisions 1, 3, 4, 5, 6, 7; 244.052, subdivision 3;
244.195, subdivision 1; 253B.185, subdivision 2, by
adding a subdivision; 401.01, subdivision 2; 609.117,
subdivisions 1, 2; 609.1351; 609.341, by adding
subdivisions; 609.342; 609.343; 609.344; 609.345;
609.3452, subdivision 4; 609.347; 609.3471; 609.348;
609.353; 631.045; proposing coding for new law in
Minnesota Statutes, chapters 244; 609; repealing
Minnesota Statutes 2004, sections 609.108; 609.109.

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

ARTICLE 1

MANDATORY LIFE SENTENCES AND INDETERMINATE SENTENCES FOR
SEX OFFENDERS; OTHER SEX OFFENDER SENTENCING CHANGES

Section 1. new text begin LEGISLATIVE FINDINGS AND PURPOSE.
new text end

new text begin The legislature finds that sex offenders pose a significant
threat to public safety, are unique in their psychological
makeup, and are particularly likely to continue to be dangerous
after their release from imprisonment. The legislature also
finds that sex offenders inflict long-standing psychological
harm on their victims and significantly undermine victim and
community safety to a greater extent than most other criminal
offenses. Based on these findings, the legislature believes sex
offenders need long-term supervision and treatment beyond that
provided other offenders. The legislature further believes this
type of supervision and treatment is best provided in a secure
correctional facility and public safety warrants the use of
state resources for this purpose.
new text end

new text begin The legislature's purpose in enacting this legislation is
to provide courts and corrections and treatment professionals
with the tools necessary to protect public safety through use of
longer, more flexible sentences than currently provided by law.
The legislature intends that a sex offender's past and future
dangerousness be considered both in sentencing and release
decisions.
new text end

Sec. 2.

new text begin [244.048] DEFINITIONS.
new text end

new text begin For the purpose of sections 244.05 to 244.0515, the
following terms have the meanings given them, unless otherwise
noted.
new text end

new text begin (a) "Conditional release" means the release of an inmate
subject to conditions, as described in sections 244.0514 and
609.3459.
new text end

new text begin (b) "First eligible for release" has the meaning given in
section 609.341, subdivision 23.
new text end

new text begin (c) "Minimum term of imprisonment" has the meaning given in
section 609.341, subdivision 24.
new text end

new text begin (d) "Minnesota Sex Offender Review Board" or "Board" has
the meaning given in section 244.0515, subdivision 1, paragraph
(a).
new text end

new text begin (e) "Sex offense" has the meaning given in section 609.341,
subdivision 26.
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. 3.

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 (1), (3),
(5), or (6) deleted text begin ; 609.109, subdivision 2a; deleted text end new text begin , 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 new text begin or a conditional release decision under section
244.0514 new text end . 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 new text begin or conditional release
new text end 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. new text begin The commissioner must submit the
report required by this paragraph to the Minnesota Sex Offender
Review Board described in section 244.0515 at least six months
before the inmate is first eligible for release. The
commissioner also shall give the board, on request, any and all
information the commissioner gathered for use in compiling the
report.
new text end

(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) 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. 4.

new text begin [244.0514] CONDITIONAL RELEASE TERM FOR SEX
OFFENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Conditional release required. new text end

new text begin Except as
provided in subdivision 3, every inmate sentenced for a sex
offense shall serve a conditional release term as provided in
section 609.3459 upon the person's release from a state
correctional facility.
new text end

new text begin Subd. 2. new text end

new text begin Relationship to supervised release. new text end

new text begin Except as
otherwise provided in this section and sections 244.0515 and
609.3459, the provisions related to supervised release in
section 244.05 apply to inmates on conditional release.
new text end

new text begin Subd. 3. new text end

new text begin Minimum imprisonment; life sentence. new text end

new text begin An inmate
serving a mandatory life sentence under section 609.342,
subdivision 2, or section 609.3458, subdivision 3, must not be
given conditional release under this section unless the inmate
is serving an indeterminate sentence under section 609.3455. An
inmate serving a mandatory life sentence under section 609.3455
must not be given conditional release under this section without
having first served the minimum term of imprisonment specified
by the court under section 609.3455, subdivision 2. An inmate
serving a mandatory life sentence under section 609.3458,
subdivision 3, must not be given conditional release under this
section without having first served a minimum of 30 years
imprisonment.
new text end

new text begin Subd. 4. new text end

new text begin Conditional release; life sentence. new text end

new text begin (a) Except
as provided in paragraph (b), the Minnesota Sex Offender Review
Board may give conditional release to an inmate serving a
mandatory life sentence under section 609.3455 after the inmate
has served the minimum term of imprisonment specified in
subdivision 3.
new text end

new text begin (b) The Minnesota Sex Offender Review Board may give
conditional release to an inmate sentenced under section
609.3458, subdivision 3 after the inmate has served 30 years
imprisonment.
new text end

new text begin (c) The terms of conditional release are governed by this
section and section 609.3459.
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. 5.

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 an indeterminate
sentence under section 609.3455 or was sentenced under section
609.3458, subdivision 3, the commissioner of corrections shall
convene the appropriate end-of-confinement review committee at
least nine months before the offender is first eligible for
release. If the offender is received for confinement in a
facility with fewer than nine months remaining before the
offender is first eligible for release, 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 predatory offender is granted conditional
release under section 244.0515, 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 an
indeterminate sentence under section 609.3455 who has not been
granted conditional release by the Minnesota Sex Offender Review
Board, 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 an indeterminate sentence and has not yet served the
entire minimum term of imprisonment, the committee shall give
the report to the offender, the commissioner, and the Minnesota
Sex Offender Review Board at least six months before the
offender is first eligible for release. The committee also
shall give the board, on request, any and all information the
committee reviewed in making its risk assessment. 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) 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.

(l) 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 August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 253B.185, is
amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Report. new text end

new text begin The commissioner of corrections must
prepare a report each fiscal year that identifies and describes
each circumstance where the commissioner:
new text end

new text begin (1) received a person for incarceration with at least 12
months remaining in the person's term of imprisonment and the
commissioner did not notify the county attorney of the county
where the person was convicted at least 12 months before the
person's release date that a petition for civil commitment may
be appropriate; or
new text end

new text begin (2) received a person for incarceration with less than 12
months remaining in the person's term of imprisonment and the
commissioner did not notify the county attorney of the county
where the person was convicted prior to the person's release
date that a petition for civil commitment may be appropriate.
new text end

new text begin The report is due to the ranking members of the house and
senate committees having jurisdiction over judiciary finance and
health and human services finance by October 1 of each year.
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. 7.

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 Conditional release. new text end

new text begin "Conditional release" has
the meaning given in section 244.048, paragraph (a).
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 609.341, is
amended by adding a subdivision to read:

new text begin Subd. 23. new text end

new text begin First eligible for release. new text end

new text begin (a) For the
purpose of an offender sentenced under section 609.3455, "first
eligible for release" means the day after the inmate has served
the entire minimum term of imprisonment, plus any disciplinary
time imposed by the commissioner of corrections.
new text end

new text begin (b) In the case of an offender sentenced under section
609.3458, subdivision 3, "first eligible for release" means the
day after the inmate has served 30 years imprisonment, plus any
disciplinary time imposed by the commissioner of corrections.
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. 9.

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

new text begin Subd. 24. new text end

new text begin Minimum term of imprisonment. new text end

new text begin "Minimum term of
imprisonment" means the minimum length of time an offender is
incarcerated for a sentence imposed under section 609.3455. The
minimum term of imprisonment is equal to two-thirds of the
sentence length called for by the presumptive sentence under the
appropriate cell of the Sentencing Guidelines grid, plus any
disciplinary time imposed by the commissioner of corrections.
If the Sentencing Guidelines do not provide the presumptive
sentence for the offense, the minimum term of imprisonment is as
provided by statute or, if not so provided, as determined by the
court.
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. 10.

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

new text begin Subd. 25. new text end

new text begin Predatory crime. new text end

new text begin "Predatory crime" means any
felony violation of, or felony attempt to violate, 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; 609.365; or 609.582,
subdivision 1.
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 609.341, is
amended by adding a subdivision to read:

new text begin Subd. 26. new text end

new text begin Sex offense. new text end

new text begin Unless otherwise provided, "sex
offense" means any violation of, or attempt to violate, section
609.342, 609.343, 609.344, 609.345, or 609.3453, or any similar
statute of the United States or any other state.
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, is
amended to read:

609.342 CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.

Subdivision 1.

Crime defined.

A person who engages in
sexual penetration with another person, or in sexual contact
with a person under 13 years of age as defined in section
609.341, subdivision 11, paragraph (c), is guilty of criminal
sexual conduct in the first degree if any of the following
circumstances exists:

(a) the complainant is under 13 years of age and the actor
is more than 36 months older than the complainant. Neither
mistake as to the complainant's age nor consent to the act by
the complainant is a defense;

(b) the complainant is at least 13 years of age but less
than 16 years of age and the actor is more than 48 months older
than the complainant and in a position of authority over the
complainant. Neither mistake as to the complainant's age nor
consent to the act by the complainant is a defense;

(c) circumstances existing at the time of the act cause the
complainant to have a reasonable fear of imminent great bodily
harm to the complainant or another;

(d) the actor is 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 uses or
threatens to use the weapon or article to cause the complainant
to submit;

(e) the actor causes personal injury to the complainant,
and either of the following circumstances exist:

(i) the actor uses force or coercion to accomplish sexual
penetration; or

(ii) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;

(f) the actor is aided or abetted by one or more
accomplices within the meaning of section 609.05, and either of
the following circumstances exists:

(i) an accomplice uses force or coercion to cause the
complainant to submit; or

(ii) an accomplice is armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant
reasonably to believe it to be a dangerous weapon and uses or
threatens to use the weapon or article to cause the complainant
to submit;

(g) the actor has a significant relationship to the
complainant and the complainant was under 16 years of age at the
time of the sexual penetration. Neither mistake as to the
complainant's age nor consent to the act by the complainant is a
defense; or

(h) the actor has a significant relationship to the
complainant, the complainant was under 16 years of age at the
time of the sexual penetration, and:

(i) the actor or an accomplice used force or coercion to
accomplish the penetration;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed
over an extended period of time.

Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense.

Subd. 2.

Penalty.

(a) deleted text begin Except as otherwise provided in
section 609.109, deleted text end A person convicted under subdivision 1 deleted text begin may deleted text end new text begin ,
clause (c), (d), (e), (f), or (h), or convicted for an attempted
violation of subdivision 1, clause (c), (d), (e), (f), or (h),
shall new text end be sentenced to imprisonment for deleted text begin not more than 30 years or
to a payment of a fine of not more than $40,000, or both deleted text end new text begin life.
A person convicted under subdivision 1, clause (a), (b), or (g),
or convicted for an attempted violation of subdivision 1, clause
(a), (b), or (g), may be sentenced to imprisonment for life new text end .

(b) new text begin In addition to the sentence imposed under paragraph
(a), the person also may be sentenced to a fine of not more than
$40,000.
new text end

new text begin (c) new text end 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 deleted text begin this section deleted text end new text begin , or attempting to
violate, subdivision 1, clause (a), (b), or (g) new text end . Sentencing a
person in a manner other than that described in this paragraph
is a departure from the Sentencing Guidelines.

new text begin (d) Unless a longer mandatory minimum sentence is otherwise
required or the Sentencing Guidelines call for a longer
presumptive executed sentence, for the purpose of section
609.3455, the court shall presume the minimum term of
imprisonment for a conviction under subdivision 1, clause (a),
(b), or (g) is 96 months, and the minimum term of imprisonment
for a conviction for an attempted violation of subdivision 1,
clause (a), (b), or (g) is 48 months.
new text end

Subd. 3.

Stay.

Except when imprisonment is required
under section deleted text begin 609.109 deleted text end new text begin 609.3458 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. 13.

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

609.343 CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.

Subdivision 1.

Crime defined.

A person who engages in
sexual contact with another person is guilty of criminal sexual
conduct in the second degree if any of the following
circumstances exists:

(a) the complainant is under 13 years of age and the actor
is more than 36 months older than the complainant. Neither
mistake as to the complainant's age nor consent to the act by
the complainant is a defense. In a prosecution under this
clause, the state is not required to prove that the sexual
contact was coerced;

(b) the complainant is at least 13 but less than 16 years
of age and the actor is more than 48 months older than the
complainant and in a position of authority over the complainant.
Neither mistake as to the complainant's age nor consent to the
act by the complainant is a defense;

(c) circumstances existing at the time of the act cause the
complainant to have a reasonable fear of imminent great bodily
harm to the complainant or another;

(d) the actor is 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 uses or
threatens to use the dangerous weapon to cause the complainant
to submit;

(e) the actor causes personal injury to the complainant,
and either of the following circumstances exist:

(i) the actor uses force or coercion to accomplish the
sexual contact; or

(ii) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;

(f) the actor is aided or abetted by one or more
accomplices within the meaning of section 609.05, and either of
the following circumstances exists:

(i) an accomplice uses force or coercion to cause the
complainant to submit; or

(ii) an accomplice is 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 uses or
threatens to use the weapon or article to cause the complainant
to submit;

(g) the actor has a significant relationship to the
complainant and the complainant was under 16 years of age at the
time of the sexual contact. Neither mistake as to the
complainant's age nor consent to the act by the complainant is a
defense; or

(h) the actor has a significant relationship to the
complainant, the complainant was under 16 years of age at the
time of the sexual contact, and:

(i) the actor or an accomplice used force or coercion to
accomplish the contact;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed
over an extended period of time.

Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense.

Subd. 2.

Penalty.

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

(b) new text begin If section 609.3455 provides the sentence for a
conviction under this section, the court shall sentence the
person to an indeterminate sentence under section 609.3455. If
section 609.3455 does not provide the sentence for a conviction
under this section, the court shall sentence the person as
provided in paragraph (c).
new text end

new text begin (c) new text end 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 deleted text begin an executed sentence of 90 months must deleted text end new text begin the minimum sentence
that may new text end be imposed on an offender convicted of violating
subdivision 1, clause (c), (d), (e), (f), or (h) new text begin is an executed
sentence of 90 months new text end . Sentencing a person in a manner other
than that described in this paragraph is a departure from the
Sentencing Guidelines.

new text begin (d) Unless a longer mandatory minimum sentence is otherwise
required or the Sentencing Guidelines call for a longer
presumptive executed sentence, for the purpose of section
609.3455, the court shall presume the minimum term of
imprisonment for a conviction under subdivision 1, clause (c),
(d), (e), (f), or (h), is 60 months and the minimum term of
imprisonment for a conviction for an attempted violation of
subdivision 1, clause (c), (d), (e), (f), or (h), is 30 months.
new text end

Subd. 3.

Stay.

Except new text begin as otherwise provided in this
subdivision or new text end when imprisonment is required under
section deleted text begin 609.109 deleted text end new text begin 609.3458 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 If a person violates a stay of imposition or execution of
sentence granted under this subdivision, the person shall be
subject to an indeterminate sentence as provided in 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. 14.

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

609.344 CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.

Subdivision 1.

Crime defined.

A person who engages in
sexual penetration with another person is guilty of criminal
sexual conduct in the third degree if any of the following
circumstances exists:

(a) the complainant is under 13 years of age and the actor
is no more than 36 months older than the complainant. Neither
mistake as to the complainant's age nor consent to the act by
the complainant shall be a defense;

(b) the complainant is at least 13 but less than 16 years
of age and the actor is more than 24 months older than the
complainant. In any such case it shall be an affirmative
defense, which must be proved by a preponderance of the
evidence, that the actor believes the complainant to be 16 years
of age or older. If the actor in such a case is no more than 48
months but more than 24 months older than the complainant, the
actor may be sentenced to imprisonment for not more than five
years. Consent by the complainant is not a defense;

(c) the actor uses force or coercion to accomplish the
penetration;

(d) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;

(e) the complainant is at least 16 but less than 18 years
of age and the actor is more than 48 months older than the
complainant and in a position of authority over the complainant.
Neither mistake as to the complainant's age nor consent to the
act by the complainant is a defense;

(f) the actor has a significant relationship to the
complainant and the complainant was at least 16 but under 18
years of age at the time of the sexual penetration. Neither
mistake as to the complainant's age nor consent to the act by
the complainant is a defense;

(g) the actor has a significant relationship to the
complainant, the complainant was at least 16 but under 18 years
of age at the time of the sexual penetration, and:

(i) the actor or an accomplice used force or coercion to
accomplish the penetration;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed
over an extended period of time.

Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;

(h) the actor is a psychotherapist and the complainant is a
patient of the psychotherapist and the sexual penetration
occurred:

(i) during the psychotherapy session; or

(ii) outside the psychotherapy session if an ongoing
psychotherapist-patient relationship exists.

Consent by the complainant is not a defense;

(i) the actor is a psychotherapist and the complainant is a
former patient of the psychotherapist and the former patient is
emotionally dependent upon the psychotherapist;

(j) the actor is a psychotherapist and the complainant is a
patient or former patient and the sexual penetration occurred by
means of therapeutic deception. Consent by the complainant is
not a defense;

(k) the actor accomplishes the sexual penetration by means
of deception or false representation that the penetration is for
a bona fide medical purpose. Consent by the complainant is not
a defense;

(1) the actor is or purports to be a member of the clergy,
the complainant is not married to the actor, and:

(i) the sexual penetration occurred during the course of a
meeting in which the complainant sought or received religious or
spiritual advice, aid, or comfort from the actor in private; or

(ii) the sexual penetration occurred during a period of
time in which the complainant was meeting on an ongoing basis
with the actor to seek or receive religious or spiritual advice,
aid, or comfort in private. Consent by the complainant is not a
defense;

(m) the actor is an employee, independent contractor, or
volunteer of a state, county, city, or privately operated adult
or juvenile correctional system, including, but not limited to,
jails, prisons, detention centers, or work release facilities,
and the complainant is a resident of a facility or under
supervision of the correctional system. Consent by the
complainant is not a defense; or

(n) the actor provides or is an agent of an entity that
provides special transportation service, the complainant used
the special transportation service, and the sexual penetration
occurred during or immediately before or after the actor
transported the complainant. Consent by the complainant is not
a defense.

Subd. 2.

Penalty.

new text begin (a) new text end A person convicted under
subdivision 1 may be sentenced to imprisonment for deleted text begin not more than
15 years or to a payment of a fine of not more than $30,000, or
both deleted text end new text begin life. The person also may be sentenced to a fine of not
more than $30,000 new text end .

new text begin (b) If section 609.3455 provides the sentence for a
conviction under this section, the court shall sentence the
person to an indeterminate sentence under section 609.3455. If
section 609.3455 does not provide the sentence for a conviction
under this section, the court shall sentence the person to the
presumptive sentence under the Sentencing Guidelines for the
offense.
new text end

Subd. 3.

Stay.

Except new text begin as otherwise provided in this
subdivision or new text end when imprisonment is required under
section deleted text begin 609.109 deleted text end new text begin 609.3458 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 If a person violates a stay of imposition or execution of
sentence granted under this subdivision, the person shall be
subject to an indeterminate sentence as provided in 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 609.345, is
amended to read:

609.345 CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.

Subdivision 1.

Crime defined.

A person who engages in
sexual contact with another person is guilty of criminal sexual
conduct in the fourth degree if any of the following
circumstances exists:

(a) the complainant is under 13 years of age and the actor
is no more than 36 months older than the complainant. Neither
mistake as to the complainant's age or consent to the act by the
complainant is a defense. In a prosecution under this clause,
the state is not required to prove that the sexual contact was
coerced;

(b) the complainant is at least 13 but less than 16 years
of age and the actor is more than 48 months older than the
complainant or in a position of authority over the complainant.
Consent by the complainant to the act is not a defense. In any
such case, it shall be an affirmative defense which must be
proved by a preponderance of the evidence that the actor
believes the complainant to be 16 years of age or older;

(c) the actor uses force or coercion to accomplish the
sexual contact;

(d) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;

(e) the complainant is at least 16 but less than 18 years
of age and the actor is more than 48 months older than the
complainant and in a position of authority over the complainant.
Neither mistake as to the complainant's age nor consent to the
act by the complainant is a defense;

(f) the actor has a significant relationship to the
complainant and the complainant was at least 16 but under 18
years of age at the time of the sexual contact. Neither mistake
as to the complainant's age nor consent to the act by the
complainant is a defense;

(g) the actor has a significant relationship to the
complainant, the complainant was at least 16 but under 18 years
of age at the time of the sexual contact, and:

(i) the actor or an accomplice used force or coercion to
accomplish the contact;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed
over an extended period of time.

Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;

(h) the actor is a psychotherapist and the complainant is a
patient of the psychotherapist and the sexual contact occurred:

(i) during the psychotherapy session; or

(ii) outside the psychotherapy session if an ongoing
psychotherapist-patient relationship exists. Consent by the
complainant is not a defense;

(i) the actor is a psychotherapist and the complainant is a
former patient of the psychotherapist and the former patient is
emotionally dependent upon the psychotherapist;

(j) the actor is a psychotherapist and the complainant is a
patient or former patient and the sexual contact occurred by
means of therapeutic deception. Consent by the complainant is
not a defense;

(k) the actor accomplishes the sexual contact by means of
deception or false representation that the contact is for a bona
fide medical purpose. Consent by the complainant is not a
defense;

(1) the actor is or purports to be a member of the clergy,
the complainant is not married to the actor, and:

(i) the sexual contact occurred during the course of a
meeting in which the complainant sought or received religious or
spiritual advice, aid, or comfort from the actor in private; or

(ii) the sexual contact occurred during a period of time in
which the complainant was meeting on an ongoing basis with the
actor to seek or receive religious or spiritual advice, aid, or
comfort in private. Consent by the complainant is not a
defense;

(m) the actor is an employee, independent contractor, or
volunteer of a state, county, city, or privately operated adult
or juvenile correctional system, including, but not limited to,
jails, prisons, detention centers, or work release facilities,
and the complainant is a resident of a facility or under
supervision of the correctional system. Consent by the
complainant is not a defense; or

(n) the actor provides or is an agent of an entity that
provides special transportation service, the complainant used
the special transportation service, the complainant is not
married to the actor, and the sexual contact occurred during or
immediately before or after the actor transported the
complainant. Consent by the complainant is not a defense.

Subd. 2.

Penalty.

new text begin (a) new text end A person convicted under
subdivision 1 may be sentenced to imprisonment for deleted text begin not more than
ten years or to a payment of a fine of not more than $20,000, or
both deleted text end new text begin life. The person also may be sentenced to a fine of not
more than $20,000.
new text end

new text begin (b) If section 609.3455 provides the sentence for a
conviction under this section, the court shall sentence the
person to an indeterminate sentence under section 609.3455. If
section 609.3455 does not provide the sentence for a conviction
under this section, the court shall sentence the person to the
presumptive sentence under the Sentencing Guidelines for the
offense new text end .

Subd. 3.

Stay.

Except new text begin as otherwise provided in this
subdivision or new text end when imprisonment is required under
section deleted text begin 609.109 deleted text end new text begin 609.3458 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 If a person violates a stay of imposition or execution of
sentence granted under this subdivision, the person shall be
subject to an indeterminate sentence as provided in 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. 16.

Minnesota Statutes 2004, section 609.3452,
subdivision 4, is amended to read:

Subd. 4.

Definition.

As used in this section, "sex
offense" means a violation of section 609.342; 609.343; 609.344;
609.345; 609.3451; new text begin 609.3453; new text end 609.746, subdivision 1; 609.79; or
617.23; or another offense arising out of a charge based on one
or more of those sections.

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.

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 and the predatory 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.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin (a) A person convicted under
subdivision 1, or for an attempted violation of subdivision 1,
shall be sentenced under section 609.3455. The person also may
be sentenced to a fine of not more than $30,000.
new text end

new text begin (b) The minimum term of imprisonment for a conviction under
subdivision 1 is double the minimum term of imprisonment that
would apply to the predatory crime. The minimum term of
imprisonment for an attempted violation of subdivision 1 is the
minimum term of imprisonment that would apply to the predatory
crime.
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. 18.

new text begin [609.3455] INDETERMINATE SENTENCES FOR SEX
OFFENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin (a) This section applies
to an offender convicted of a violation of section 609.3453 or
an attempted violation of section 609.3453. This section also
applies to an offender convicted of a violation of section
609.342, subdivision 1, clause (a), (b), or (g); 609.343;
609.344; or 609.345 or an attempted violation of section
609.342, subdivision 1, clause (a), (b), or (g); 609.343;
609.344; or 609.345 when:
new text end

new text begin (1) the Sentencing Guidelines presume an executed sentence
for the offense;
new text end

new text begin (2) section 609.3458 imposes a mandatory minimum sentence;
or
new text end

new text begin (3) the Sentencing Guidelines presume a stayed sentence for
the offense and the court departs from the Sentencing Guidelines
and imposes an upward dispositional departure. This section
also applies to a person who violates a stay of imposition or
execution of sentence under section 609.343, subdivision 3;
609.344, subdivision 3; or 609.345, subdivision 3.
new text end

new text begin (b) The court shall sentence an offender covered by this
subdivision to a minimum and maximum term of imprisonment, as
specified in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Minimum and maximum term of imprisonment. new text end

new text begin (a)
Unless a longer mandatory minimum sentence is otherwise required
by law, the presumptive minimum term of imprisonment for an
offense listed in subdivision 1 is the minimum term of
imprisonment for the offense committed or, in the case of an
upward dispositional departure, the minimum term of imprisonment
is the term of imprisonment specified by the court. In
sentencing an offender under this section, the court shall
consider whether a longer mandatory minimum sentence is required
under section 609.342, 609.343, 609.3457, or 609.3458. The
minimum term of imprisonment must be served before the offender
may be granted conditional release under sections 244.0514 and
244.0515.
new text end

new text begin (b) Prior to the time of sentencing, the prosecutor may
file a motion for a downward durational departure under the
Sentencing Guidelines. The court may grant this motion if the
court finds substantial and compelling reasons to do so. In no
case shall the court impose a minimum term of imprisonment that
is less than one year and one day. A sentence imposed under
this subdivision is a departure from the Sentencing Guidelines.
new text end

new text begin (c) Notwithstanding any other law to the contrary, the
maximum sentence for an offense listed in subdivision 1 is life.
new text end

new text begin (d) Notwithstanding section 609.135, the court may not stay
the imposition or execution of the sentence required by this
section. An offender committed to the custody of the
commissioner of corrections under this section may not be
released from incarceration except as provided in sections
244.05, subdivision 8; 244.0514, subdivision 4; and 244.0515.
new text end

new text begin Subd. 3. new text end

new text begin Conditional release. new text end

new text begin A person who is released
from a state correctional facility after receiving a sentence
under this section shall be subject to conditional release for
the remainder of the person's life. The terms and procedures
related to conditional release are governed by sections 244.05,
244.0514, and 609.3459.
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.

new text begin [609.3457] MANDATORY MINIMUM SENTENCES FOR
CERTAIN DANGEROUS, PATTERNED SEX OFFENDERS; NO PREVIOUS
CONVICTION REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Mandatory increased sentence. new text end

new text begin (a) 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:
new text end

new text begin (1) the court is imposing an executed sentence on a person
convicted of committing or attempting to commit a violation of
section 609.342, 609.343, 609.344, 609.345, or 609.3453;
new text end

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

new text begin (3) the court finds that the offender needs long-term
treatment or supervision beyond the presumptive term of
imprisonment and supervised release. 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.
new text end

new 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.
new text end

new text begin (c) If the court sentences a person under this subdivision
and the person is subject to indeterminate sentencing under
section 609.3455, the minimum term of imprisonment shall be
two-thirds of the minimum sentence specified in this
subdivision, plus disciplinary time, unless a longer minimum
term of imprisonment is otherwise required for the offense. The
maximum term of imprisonment shall be as provided in section
609.3455.
new text end

new text begin Subd. 2. new text end

new text begin Danger to public safety. new text end

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

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

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

new text begin (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
new text end

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

new text begin (3) the offender planned for or prepared for the crime
prior to its commission.
new text end

new text begin Subd. 3. new text end

new text begin Departure from guidelines. new text end

new text begin A sentence imposed
under subdivision 1 is a departure from the Sentencing
Guidelines.
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. 20.

new text begin [609.3458] MANDATORY MINIMUM SENTENCES FOR
REPEAT OR AGGRAVATED SEX OFFENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition; conviction of offense. new text end

new text begin For
purposes of this section, "offense" means a completed offense or
an attempt to commit an offense.
new text end

new text begin Subd. 2. new text end

new text begin Presumptive executed sentence. new text end

new text begin (a) Except as
provided in subdivision 3, if a person is convicted under
section 609.342, 609.343, 609.344, or 609.345 and has a previous
sex offense conviction, the court shall commit the defendant to
the commissioner of corrections for a minimum sentence of not
less than three years. Except as provided in subdivision 3, if
a person is convicted under section 609.342, 609.343, 609.344,
or 609.345 within five years of discharge from sentence for a
previous sex offense conviction, the court shall commit the
defendant to the commissioner of corrections for a minimum
sentence of not less than five years. The court may stay the
execution of the sentence imposed under this subdivision only if:
new text end

new text begin (1) the offense is not governed by an indeterminate
sentence under section 609.3455; and
new text end

new text begin (2) it finds that a professional assessment indicates the
offender is accepted by and can respond to treatment at a
long-term inpatient program exclusively treating sex offenders
and approved by the commissioner of corrections. If the court
stays the execution of a sentence, it shall include the
following as conditions of probation:
new text end

new text begin (i) incarceration in a local jail or workhouse; and
new text end

new text begin (ii) a requirement that the offender successfully complete
the treatment program and aftercare as directed by the court.
new text end

new text begin (b) If the court sentences a person under this subdivision
and the person is subject to indeterminate sentencing under
section 609.3455, the minimum term of imprisonment shall be
two-thirds of the minimum sentence specified in this
subdivision, plus disciplinary time, unless a longer minimum
term of imprisonment is otherwise required for the offense. The
maximum term of imprisonment is life.
new text end

new text begin Subd. 3. new text end

new text begin Mandatory life sentence. new text end

new text begin (a) The court shall
sentence a person to imprisonment for life if:
new text end

new text begin (1) the person is convicted under section 609.342; and
new text end

new text begin (2) the court determines on the record at the time of
sentencing that any of the following circumstances exists:
new text end

new text begin (i) the person has previously been sentenced under section
609.1095;
new text end

new text begin (ii) the person has one previous sex offense conviction for
a violation of section 609.342, 609.343, or 609.344 that
occurred before August 1, 1989, for which the person was
sentenced to prison in an upward durational departure from the
Sentencing Guidelines that resulted in a sentence at least twice
as long as the presumptive sentence; or
new text end

new text begin (iii) the person has two previous sex offense convictions
under section 609.342, 609.343, or 609.344.
new text end

new text begin (b) Notwithstanding subdivision 2 and section 609.342,
subdivision 3, the court may not stay imposition of the sentence
required by this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Mandatory minimum 30-year sentence. new text end

new text begin (a) The
court shall commit a person to the commissioner of corrections
for a minimum sentence of not less than 30 years if:
new text end

new text begin (1) the person is convicted under section 609.342,
subdivision 1, clause (c), (d), (e), or (f), or 609.343,
subdivision 1, clause (c), (d), (e), or (f); and
new text end

new text begin (2) the court determines on the record at the time of
sentencing that:
new text end

new text begin (i) the crime involved an aggravating factor that would
provide grounds for an upward departure under the Sentencing
Guidelines other than the aggravating factor applicable to
repeat criminal sexual conduct convictions; and
new text end

new text begin (ii) the person has a previous sex offense conviction under
section 609.342, 609.343, or 609.344.
new text end

new text begin (b) Notwithstanding subdivision 2 and sections 609.342,
subdivision 3, or 609.343, subdivision 3, the court may not stay
imposition or execution of the sentence required by this
subdivision.
new text end

new text begin (c) If the court sentences a person under this subdivision
and the person is subject to indeterminate sentencing under
section 609.3455, the minimum term of imprisonment shall be
two-thirds of the minimum sentence specified in this
subdivision, plus disciplinary time, unless a longer minimum
term of imprisonment is otherwise required for the offense. The
maximum term of imprisonment is life.
new text end

new text begin Subd. 5. new text end

new text begin Previous sex offense convictions. new text end

new text begin For the
purposes of this section, a conviction is considered a previous
sex offense conviction if the person was convicted of a sex
offense before the commission of the present offense of
conviction. A person has two previous sex offense convictions
only if the person was convicted and sentenced for a sex offense
committed after the person was earlier convicted and sentenced
for a sex offense, and both convictions preceded the commission
of the present offense of conviction. A "sex offense" is a
violation of sections 609.342 to 609.345 or any similar statute
of the United States, this state, or any other state.
new text end

new text begin Subd. 6. new text end

new text begin Mandatory minimum departure for sex offenders.
new text end

new text begin (a) The court shall sentence a person to at least twice the
presumptive sentence recommended by the Sentencing Guidelines if:
new text end

new text begin (1) the person is convicted under section 609.342,
subdivision 1, clause (c), (d), (e), or (f), 609.343,
subdivision 1, clause (c), (d), (e), or (f); or 609.344,
subdivision 1, clause (c) or (d); and
new text end

new text begin (2) the court determines on the record at the time of
sentencing that the crime involved an aggravating factor that
would provide grounds for an upward departure under the
Sentencing Guidelines.
new text end

new text begin (b) If the court sentences a person under this subdivision
and the person is subject to indeterminate sentencing under
section 609.3455, the minimum term of imprisonment shall be
two-thirds of the minimum sentence specified in this
subdivision, plus disciplinary time, unless a longer minimum
term of imprisonment is otherwise required for the offense. The
maximum term of imprisonment is life.
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 [609.3459] CONDITIONAL RELEASE FOR SEX
OFFENDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to a
person who commits a sex offense.
new text end

new text begin Subd. 2. new text end

new text begin Length of conditional release sentence. new text end

new text begin (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 the custody of
the commissioner of corrections for a violation or attempted
violation of section 609.342, 609.343, 609.344, 609.345, or
609.3453, the court shall provide that, upon the person's
release from a state correctional facility, the commissioner of
corrections shall place the person on conditional release.
new text end

new text begin (b) If the person was convicted for a violation or
attempted violation of section 609.343, 609.344, or 609.345 and
was not sentenced under section 609.3455, the person shall be
placed on conditional release for five years, minus the time the
person served on supervised release.
new text end

new text begin (c) If the person was convicted for a violation or
attempted violation of section 609.343, 609.344, or 609.345
after a previous sex offense conviction as defined in section
609.3458, subdivision 5, or was sentenced to a mandatory
departure under section 609.3458, subdivision 6, the person
shall be placed on conditional release for ten years, minus the
time the person served on supervised release, unless the person
was sentenced under section 609.3455.
new text end

new text begin (d) If the person was convicted for a sex offense and
sentenced under section 609.3455, the person shall be subject to
an indeterminate sentence and, if released from a correctional
facility under sections 244.0514 and 244.0515, the person shall
be placed on conditional release for the remainder of the
person's life.
new text end

new text begin Subd. 3. new text end

new text begin Terms of conditional release. new text end

new text begin (a) 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, whenever
possible, 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 the remaining portion of the
conditional release term in prison. For offenders subject to a
five- or ten-year conditional release period, the commissioner
shall not dismiss the offender from supervision before the
conditional release term expires. For offenders subject to
conditional release for life, the commissioner shall not dismiss
the offender from supervision.
new text end

new text begin (b) Conditional release under this section is governed by
provisions relating to supervised release, except as otherwise
provided in this section or section 244.04, subdivision 1, or
244.05. Conditional release under this section also is governed
by section 244.0514.
new text end

new text begin (c) The commissioner shall develop a plan to pay the cost
of treatment of a person released under this subdivision. The
plan may include various means of paying for this treatment,
including co-payments from offenders, payment or reimbursement
from third parties, payments from local agencies, and funding
from other sources, as these sources are identified. This
section does not require the commissioner to accept or retain an
offender in a treatment program.
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 INSTRUCTION TO SENTENCING GUIDELINES
COMMISSION.
new text end

new text begin The Minnesota Sentencing Guidelines Commission is directed
to review the new and increased penalties for various crimes in
this act to ensure the presumptive sentences under the
Sentencing Guidelines reflect the legislature's assessment of
the severity of these crimes. In those situations where the
Sentencing Guidelines do not reflect the legislature's
assessment of the severity of these crimes, the commission shall
increase the level at which various crimes are ranked and set
new presumptive sentences for these crimes, if necessary.
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. 23. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 609.108 and 609.109, are
repealed. The revisor shall include a note accompanying the
repeal to inform the reader that these statutes have been
amended and recodified, from sections 609.108 and 609.109 to
sections 609.3457 and 609.3458, respectively.
new text end

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 2

MINNESOTA SEX OFFENDER REVIEW BOARD

Section 1.

Minnesota Statutes 2004, section 13.851, is
amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Predatory offenders; minnesota sex offender
review board. new text end

new text begin Certain data classified under this chapter are
made accessible to the Minnesota Sex Offender Review Board under
section 244.0515.
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. 2.

Minnesota Statutes 2004, section 13D.01,
subdivision 2, is amended to read:

Subd. 2.

Exceptions.

This chapter does not apply new text begin :
new text end

(1) to meetings of the commissioner of corrections;

(2) new text begin to meetings of the Minnesota Sex Offender Review Board
under section 244.0515;
new text end

new text begin (3) new text end to a state agency, board, or commission when it is
exercising quasi-judicial functions involving disciplinary
proceedings; or

deleted text begin (3) deleted text end new text begin (4) new text end as otherwise expressly provided by statute.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

new text begin [244.0515] MINNESOTA SEX OFFENDER REVIEW BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purpose of this
section, the following terms have the meanings given them.
new text end

new text begin (a) "Board" means the Minnesota Sex Offender Review Board
established under subdivision 2.
new text end

new text begin (b) "End-of-confinement review committee" means the
committee described in section 244.052, subdivision 3.
new text end

new text begin (c) "Victim" means an 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 end

new text begin Subd. 2. new text end

new text begin Board; establishment. new text end

new text begin The Minnesota Sex
Offender Review Board is established which shall be comprised of
five members. The board shall be governed by section 15.0575,
except as otherwise provided by this section.
new text end

new text begin Subd. 3. new text end

new text begin Members. new text end

new text begin The Minnesota Sex Offender Review
Board shall consist of the following:
new text end

new text begin (1) the commissioner of corrections or a designee appointed
by the commissioner;
new text end

new text begin (2) the commissioner of human services or a designee
appointed by the commissioner;
new text end

new text begin (3) a retired judge appointed by the governor;
new text end

new text begin (4) a treatment professional, not employed by the
Department of Corrections or the Department of Human Services,
trained in the assessment of sex offenders and appointed by the
governor; and
new text end

new text begin (5) one public member appointed by the governor.
new text end

new text begin When an appointing authority selects individuals for
membership on the board, the authority shall make reasonable
efforts to appoint qualified members of protected groups, as
defined in section 43A.02, subdivision 33.
new text end

new text begin One of the members shall be designated by the governor as
chair of the board.
new text end

new text begin Subd. 4. new text end

new text begin Appointment terms. new text end

new text begin Each appointed member shall
be appointed for four years and shall continue to serve during
that time as long as the member occupies the position that made
the member eligible for the appointment. Each member shall
continue in office until a successor is duly appointed. Members
shall be eligible for reappointment and the appointment may be
made to fill an unexpired term. The members of the board shall
elect any additional officers necessary for the efficient
discharge of their duties.
new text end

new text begin Subd. 5. new text end

new text begin Responsibilities. new text end

new text begin (a) The board is responsible
for making decisions regarding the release of inmates sentenced
under sections 609.3455 and 609.3458, subdivision 3. The board
shall hold a hearing to consider the release of an inmate at
least 90 days before the inmate is first eligible for release.
The board also shall hold a hearing when the inmate petitions
for release from imprisonment, as provided in subdivision 6.
new text end

new text begin (b) When determining whether to grant conditional release
to an inmate serving a life sentence under section 609.3455, the
board shall consider:
new text end

new text begin (1) the risk assessment report prepared under section
244.052 and any and all information the end-of-confinement
review committee reviewed in making its risk assessment;
new text end

new text begin (2) the community investigation report prepared under
section 244.05, subdivision 5, and any and all information
gathered for use in compiling that report;
new text end

new text begin (3) the inmate's criminal offense history;
new text end

new text begin (4) the inmate's behavior while incarcerated;
new text end

new text begin (5) the inmate's participation in, and completion of,
appropriate treatment;
new text end

new text begin (6) the inmate's need for additional treatment, training,
or supervision;
new text end

new text begin (7) the danger the inmate poses to the public if released;
and
new text end

new text begin (8) any other information the board deems relevant.
new text end

new text begin (c) The board shall have access to the following data on an
inmate only for purposes of making the conditional release
decision:
new text end

new text begin (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 inmate;
new text end

new text begin (2) private and confidential court services data under
section 13.84;
new text end

new text begin (3) private and confidential corrections data under section
13.85;
new text end

new text begin (4) private criminal history data under section 13.87;
new text end

new text begin (5) the community investigation report prepared under
section 244.05, subdivision 5, and any information gathered for
use in compiling the report; and
new text end

new text begin (6) the risk assessment report prepared under section
244.052, subdivision 5, and any information used to make the
risk assessment.
new text end

new text begin Data collected and maintained by the board under this
paragraph may not be disclosed outside the board, except as
provided under section 13.05, subdivision 3 or 4. The inmate
has access to data on the inmate collected and maintained by the
board, unless the data are confidential data received under this
paragraph.
new text end

new text begin (d) The board must make a decision regarding whether or not
to grant conditional release within 14 days of the hearing. If
the board decides not to grant conditional release to an inmate,
the board must specify in writing the reasons for its decision.
The board may identify in writing conditions the offender must
meet in order to file a petition with the board for release.
The board also may inform the inmate in writing that the inmate
may petition for release earlier than the time designated in
subdivision 6.
new text end

new text begin (e) If the board grants conditional release to the inmate
at the inmate's first hearing before the board, the commissioner
of corrections must release the individual at the time the
inmate is first eligible for release. If the board subsequently
grants conditional release to the inmate, the commissioner of
corrections must release the individual 90 days from the date of
the board's decision. If the inmate's scheduled release date
falls on a Friday, Saturday, Sunday, or holiday, the inmate's
conditional release term shall begin as specified in section
244.05, subdivision 1a.
new text end

new text begin Subd. 6. new text end

new text begin Petition for release. new text end

new text begin (a) An inmate who has
served the minimum term of imprisonment is eligible to petition
the board for release.
new text end

new text begin (b) Except as provided in paragraph (c), the inmate may not
petition the board for release until two years have passed since
the board last issued a written decision denying release to the
inmate, or until the inmate satisfies all conditions set by the
board when it previously denied release, whichever is later.
new text end

new text begin (c) An inmate who is released by the board and is
subsequently reincarcerated under section 244.05, subdivision 3,
for a violation of the conditions of the offender's release, may
not petition for release until two years have passed since the
offender was first reincarcerated, unless the commissioner, upon
revoking the person's release, specifies in writing that the
offender may petition the board for release before that time.
new text end

new text begin (d) An inmate may petition the board at an earlier time
than allowed under paragraph (b) or (c) if the board authorizes
an earlier petition under subdivision 5.
new text end

new text begin Subd. 7. new text end

new text begin Release hearing. new text end

new text begin (a) Within 45 days of the time
the board first considers an inmate's eligibility for release,
or within 45 days of the time the inmate files a petition for
release, the commissioner of corrections shall give written
notice of the time and place of the hearing before the board to
all interested parties, including the petitioner, the sentencing
court, the county attorney's office involved in prosecuting the
case, and the victim.
new text end

new text begin (b) The victim has a right to submit an oral or written
statement to the board at the 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 conditional release. The board must consider
the victim's statement when making the conditional release
decision.
new text end

new text begin (c) The hearing must be held on the record. Upon approval
of the board, the petitioner may subpoena witnesses to appear at
the hearing.
new text end

new text begin Subd. 8. new text end

new text begin Administrative services. new text end

new text begin The commissioner of
corrections shall provide adequate office space and
administrative services for the board. The board may utilize
the services, equipment, personnel, information, and resources
of other state agencies with their consent. The board may
accept voluntary and uncompensated services; contract with
individuals and public and private agencies; and request
information, reports, and data from any agency of the state, or
any of its political subdivisions, to the extent authorized by
law.
new text end

new text begin Subd. 9. new text end

new text begin Administrator. new text end

new text begin The board may select and employ
an administrator who shall perform the duties the board directs,
including the hiring of any clerical help and other employees as
the board may approve. The administrator and other staff shall
be in the unclassified service of the state and their
compensation shall be established pursuant to chapter 43A. They
shall be reimbursed for the expenses necessarily incurred in the
performance of their official duties in the same manner as other
state employees.
new text end

new text begin Subd. 10. new text end

new text begin Exemption from chapter 14. new text end

new text begin (a) For the
purposes of this section and except as provided in paragraph
(b), the Minnesota Sex Offender Review Board and the
commissioner of corrections are not subject to chapter 14.
new text end

new text begin (b) The Minnesota Sex Offender Review Board and the
commissioner of corrections may adopt rules under sections
14.389, 244.0514, and 609.3459 when proceeding under this
section.
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. 4. new text begin DIRECTION TO COMMISSIONER OF CORRECTIONS.
new text end

new text begin (a) The commissioner of corrections shall establish
criteria and procedures for the Minnesota Sex Offender Review
Board, established under Minnesota Statutes, section 244.0515,
to use in making release and revocation decisions on offenders
sentenced under Minnesota Statutes, sections 609.3455 and
609.3458, subdivision 3. In establishing criteria and
procedures, the commissioner of corrections shall seek the input
of the end-of-confinement review committee at each state
correctional facility and at each state treatment facility where
predatory offenders are confined. The commissioner also shall
seek input from individuals knowledgeable in health and human
services; public safety; Minnesota's sex offender treatment
program; treatment of sex offenders; crime victim issues;
criminal law; sentencing guidelines; law enforcement; and
probation, supervised release, and conditional release.
new text end

new text begin (b) The commissioner of corrections shall establish
criteria and procedures to govern the review and release of sex
offenders subject to indeterminate sentences by November 15,
2004. These criteria and procedures will become effective on
June 1, 2005, unless the legislature takes action before that
time to modify or reject the criteria and procedures.
new text end

new text begin (c) By November 15, 2004, the commissioner of corrections
shall provide the legislature with a written report containing
the criteria and procedures the commissioner proposes the
Minnesota Sex Offender Review Board use in deciding whether to
release a sex offender subject to an indeterminate sentence.
This report also shall include a summary of the input gathered
under paragraph (a).
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

ARTICLE 3

SEX OFFENDER TECHNICAL AND CONFORMING CHANGES

Section 1.

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 provide for residential and
outpatient sex offender programming and aftercare when required
for conditional release under section deleted text begin 609.108 deleted text end new text begin 609.3459 new text end or as a
condition of supervised release.

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 243.166,
subdivision 1, is amended to read:

Subdivision 1.

Registration required.

(a) A person shall
register under this section if:

(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:

(i) murder under section 609.185, clause (2); or

(ii) kidnapping under section 609.25; or

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

(iv) indecent exposure under section 617.23, subdivision 3;
or

(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

(3) the person was convicted of a predatory crime as
defined in section deleted text begin 609.108 deleted text end new text begin 609.341, subdivision 25 new text end , and the
offender was sentenced deleted text begin 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 deleted text end new text begin under section 609.3455 new text end ; or

(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).

(b) A person also shall register under this section if:

(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;

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

(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.

For purposes of this paragraph:

(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

(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.

(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.

(d) A person also shall register under this section if:

(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;

(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

(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 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 1, is amended to read:

Subdivision 1.

Supervised release required.

Except as
provided in subdivisions 1b, 4, deleted text begin and deleted text end 5, new text begin and section 244.0514,
new text end every inmate shall serve a supervised release term upon
completion of the inmate's term of imprisonment as reduced by
any good time earned by the inmate or extended by confinement in
punitive segregation pursuant to section 244.04, subdivision 2.
deleted text begin Except for a sex offender conditionally released under section
609.108, subdivision 5, the supervised release term shall be
equal to the period of good time the inmate has earned, and
shall not exceed the length of time remaining in the inmate's
sentence.
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. 4.

Minnesota Statutes 2004, section 244.05,
subdivision 3, is amended to read:

Subd. 3.

Sanctions for violation.

If an inmate violates
the conditions of the inmate's supervised release imposed by the
commissioner, the commissioner may:

(1) continue the inmate's supervised release term, with or
without modifying or enlarging the conditions imposed on the
inmate; or

(2) revoke the inmate's supervised release and reimprison
the inmate for the appropriate period of time.

The period of time for which a supervised release may be
revoked may not exceed the period of time remaining in the
inmate's sentence, except that if a sex offender is sentenced
and conditionally released under section deleted text begin 609.108, subdivision
5 deleted text end new text begin 609.3455 new text end , the period of time for which conditional release may
be revoked may not exceed the balance of the conditional release
term.

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 244.05,
subdivision 4, is amended to read:

Subd. 4.

Minimum imprisonment, life sentence.

An inmate
serving a mandatory life sentence under section 609.106 must not
be given supervised release under this section. An inmate
serving a mandatory life sentence under section 609.185, clause
(1), (3), (5), or (6) deleted text begin ; or 609.109, subdivision 2a deleted text end , must not be
given supervised release under this section without having
served a minimum term of 30 years. 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 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. 6.

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

Subd. 6.

Intensive supervised release.

The commissioner
may order that an inmate be placed on intensive supervised
release for all or part of the inmate's supervised release or
parole term if the commissioner determines that the action will
further the goals described in section 244.14, subdivision 1,
clauses (2), (3), and (4). In addition, the commissioner may
order that an inmate be placed on intensive supervised release
for all of the inmate's conditional or supervised release term
if the inmate was convicted of a sex offense under sections
609.342 to 609.345 or deleted text begin was sentenced under the provisions of
section 609.108 deleted text end new text begin 609.3453 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 244.0514 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. 7.

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 new text begin who
has ever been new text end convicted new text begin of a felony new text end 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.

(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 which 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 (d) This subdivision does not apply to an inmate sentenced
to a mandatory life sentence under section 609.3455 after August
1, 2005.
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 244.195,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this
subdivision, the following terms have the meanings given them.

(b) "Commissioner" means the commissioner of corrections.

(c) "Conditional release" means parole, supervised release,
conditional release as authorized by section deleted text begin 609.108,
subdivision 6, or 609.109, subdivision 7 deleted text end new text begin 609.3459 new text end , work release
as authorized by sections 241.26, 244.065, and 631.425,
probation, furlough, and any other authorized temporary release
from a correctional facility.

(d) "Court services director" means the director or
designee of a county probation agency that is not organized
under chapter 401.

(e) "Detain" means to take into actual custody, including
custody within a local correctional facility.

(f) "Local correctional facility" has the meaning given in
section 241.021, subdivision 1.

(g) "Release" means to release from actual custody.

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 253B.185,
subdivision 2, is amended to read:

Subd. 2.

Transfer to correctional facility.

(a) If a
person has been committed under this section and later is
committed to the custody of the commissioner of corrections for
any reason, including but not limited to, being sentenced for a
crime or revocation of the person's supervised release or
conditional release under section 244.05 deleted text begin , 609.108, subdivision
6, or 609.109, subdivision 7 deleted text end new text begin or 609.3459 new text end , the person shall be
transferred to a facility designated by the commissioner of
corrections without regard to the procedures provided in section
253B.18.

(b) If a person is committed under this section after a
commitment to the commissioner of corrections, the person shall
first serve the sentence in a facility designated by the
commissioner of corrections. After the person has served the
sentence, the person shall be transferred to a treatment program
designated by the commissioner of human services.

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 401.01,
subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a) For the purposes of sections
401.01 to 401.16, the following terms have the meanings given
them.

(b) "CCA county" means a county that participates in the
Community Corrections Act.

(c) "Commissioner" means the commissioner of corrections or
a designee.

(d) "Conditional release" means parole, supervised release,
conditional release as authorized by section deleted text begin 609.108,
subdivision 6, or 609.109, subdivision 7 deleted text end new text begin 609.3459 new text end , work release
as authorized by sections 241.26, 244.065, and 631.425,
probation, furlough, and any other authorized temporary release
from a correctional facility.

(e) "County probation officer" means a probation officer
appointed under section 244.19.

(f) "Detain" means to take into actual custody, including
custody within a local correctional facility.

(g) "Joint board" means the board provided in section
471.59.

(h) "Local correctional facility" has the meaning given in
section 241.021, subdivision 1.

(i) "Local correctional service" means those services
authorized by and employees, officers, and agents appointed
under section 244.19, subdivision 1.

(j) "Release" means to release from actual custody.

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 609.117,
subdivision 1, is amended to read:

Subdivision 1.

Upon sentencing.

The court shall order an
offender to provide a biological specimen for the purpose of DNA
analysis as defined in section 299C.155 when:

(1) the court sentences a person charged with violating or
attempting to violate any of the following, and the person is
convicted of that offense or of any offense arising out of the
same set of circumstances:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

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

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3;

(2) deleted text begin the court sentences a person as a patterned sex
offender under section 609.108; or
deleted text end

deleted text begin (3) deleted text end the juvenile court adjudicates a person a delinquent
child who is the subject of a delinquency petition for violating
or attempting to violate any of the following, and the
delinquency adjudication is based on a violation of one of those
sections or of any offense arising out of the same set of
circumstances:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, or 609.3451, subdivision 3;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3.

The biological specimen or the results of the analysis shall be
maintained by the Bureau of Criminal Apprehension as provided in
section 299C.155.

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 609.117,
subdivision 2, is amended to read:

Subd. 2.

Before release.

The commissioner of corrections
or local corrections authority shall order a person to provide a
biological specimen for the purpose of DNA analysis before
completion of the person's term of imprisonment when the person
has not provided a biological specimen for the purpose of DNA
analysis and the person:

(1) is currently serving a term of imprisonment for or has
a past conviction for violating or attempting to violate any of
the following or a similar law of another state or the United
States or initially charged with violating one of the following
sections or a similar law of another state or the United States
and convicted of another offense arising out of the same set of
circumstances:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, or 609.3451, subdivision 3;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3;
or

(2) deleted text begin was sentenced as a patterned sex offender under section
609.108, and committed to the custody of the commissioner of
corrections; or
deleted text end

deleted text begin (3) deleted text end is serving a term of imprisonment in this state under a
reciprocal agreement although convicted in another state of an
offense described in this subdivision or a similar law of the
United States or any other state. The commissioner of
corrections or local corrections authority shall forward the
sample to the Bureau of Criminal Apprehension.

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 609.1351, is
amended to read:

609.1351 PETITION FOR CIVIL COMMITMENT.

When a court sentences a person under section 609.108,
609.342, 609.343, 609.344, deleted text begin or deleted text end 609.345, new text begin or 609.3453, new text end the court
shall make a preliminary determination whether in the court's
opinion a petition under section 253B.185 may be appropriate and
include the determination as part of the sentencing order. If
the court determines that a petition may be appropriate, the
court shall forward its preliminary determination along with
supporting documentation to the county attorney.

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 609.347, is
amended to read:

609.347 EVIDENCE new text begin IN CRIMINAL SEXUAL CONDUCT CASES new text end .

Subdivision 1.

Victim testimony; corroboration
unnecessary.

In a prosecution under sections 609.109 or 609.342
to 609.3451 new text begin , or 609.3453 new text end , the testimony of a victim need not be
corroborated.

Subd. 2.

Showing of resistance unnecessary.

In a
prosecution under sections 609.109 or 609.342 to 609.3451 new text begin , or
609.3453 new text end , there is no need to show that the victim resisted the
accused.

Subd. 3.

Previous sexual conduct.

In a prosecution under
sections 609.109, 609.342 to 609.3451, new text begin 609.3453, new text end or 609.365,
evidence of the victim's previous sexual conduct shall not be
admitted nor shall any reference to such conduct be made in the
presence of the jury, except by court order under the procedure
provided in subdivision 4. The evidence can be admitted only if
the probative value of the evidence is not substantially
outweighed by its inflammatory or prejudicial nature and only in
the circumstances set out in paragraphs (a) and (b). For the
evidence to be admissible under paragraph (a), subsection (i),
the judge must find by a preponderance of the evidence that the
facts set out in the accused's offer of proof are true. For the
evidence to be admissible under paragraph (a), subsection (ii)
or paragraph (b), the judge must find that the evidence is
sufficient to support a finding that the facts set out in the
accused's offer of proof are true, as provided under Rule 901 of
the Rules of Evidence.

(a) When consent of the victim is a defense in the case,
the following evidence is admissible:

(i) evidence of the victim's previous sexual conduct
tending to establish a common scheme or plan of similar sexual
conduct under circumstances similar to the case at issue. In
order to find a common scheme or plan, the judge must find that
the victim made prior allegations of sexual assault which were
fabricated; and

(ii) evidence of the victim's previous sexual conduct with
the accused.

(b) When the prosecution's case includes evidence of semen,
pregnancy, or disease at the time of the incident or, in the
case of pregnancy, between the time of the incident and trial,
evidence of specific instances of the victim's previous sexual
conduct is admissible solely to show the source of the semen,
pregnancy, or disease.

Subd. 4.

Accused offer of evidence.

The accused may not
offer evidence described in subdivision 3 except pursuant to the
following procedure:

(a) A motion shall be made by the accused at least three
business days prior to trial, unless later for good cause shown,
setting out with particularity the offer of proof of the
evidence that the accused intends to offer, relative to the
previous sexual conduct of the victim;

(b) If the court deems the offer of proof sufficient, the
court shall order a hearing out of the presence of the jury, if
any, and in such hearing shall allow the accused to make a full
presentation of the offer of proof;

(c) At the conclusion of the hearing, if the court finds
that the evidence proposed to be offered by the accused
regarding the previous sexual conduct of the victim is
admissible under subdivision 3 and that its probative value is
not substantially outweighed by its inflammatory or prejudicial
nature, the court shall make an order stating the extent to
which evidence is admissible. The accused may then offer
evidence pursuant to the order of the court;

(d) If new information is discovered after the date of the
hearing or during the course of trial, which may make evidence
described in subdivision 3 admissible, the accused may make an
offer of proof pursuant to clause (a) and the court shall order
an in camera hearing to determine whether the proposed evidence
is admissible by the standards herein.

Subd. 5.

Prohibiting instructing jury on certain points.

In a prosecution under sections 609.109 or 609.342 to
609.3451, new text begin or 609.3453, new text end the court shall not instruct the jury to
the effect that:

(a) It may be inferred that a victim who has previously
consented to sexual intercourse with persons other than the
accused would be therefore more likely to consent to sexual
intercourse again; or

(b) The victim's previous or subsequent sexual conduct in
and of itself may be considered in determining the credibility
of the victim; or

(c) Criminal sexual conduct is a crime easily charged by a
victim but very difficult to disprove by an accused because of
the heinous nature of the crime; or

(d) The jury should scrutinize the testimony of the victim
any more closely than it should scrutinize the testimony of any
witness in any felony prosecution.

Subd. 6.

Psychotherapy evidence.

(a) In a prosecution
under sections 609.109 or 609.342 to 609.3451 new text begin , or 609.3453,
new text end involving a psychotherapist and patient, evidence of the
patient's personal or medical history is not admissible except
when:

(1) the accused requests a hearing at least three business
days prior to trial and makes an offer of proof of the relevancy
of the history; and

(2) the court finds that the history is relevant and that
the probative value of the history outweighs its prejudicial
value.

(b) The court shall allow the admission only of specific
information or examples of conduct of the victim that are
determined by the court to be relevant. The court's order shall
detail the information or conduct that is admissible and no
other evidence of the history may be introduced.

(c) Violation of the terms of the order is grounds for
mistrial but does not prevent the retrial of the accused.

Subd. 7.

Effect of statute on rules.

Rule 412 of the
Rules of Evidence is superseded to the extent of its conflict
with this section.

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 609.3471, is
amended to read:

609.3471 RECORDS PERTAINING TO VICTIM IDENTITY
CONFIDENTIAL.

Notwithstanding any provision of law to the contrary, no
data contained in records or reports relating to petitions,
complaints, or indictments issued pursuant to section 609.342;
609.343; 609.344; deleted text begin or deleted text end 609.345 new text begin ; or 609.3453, new text end which specifically
identifies a victim who is a minor shall be accessible to the
public, except by order of the court. Nothing in this section
authorizes denial of access to any other data contained in the
records or reports, including the identity of the defendant.

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 609.348, is
amended to read:

609.348 MEDICAL PURPOSES; EXCLUSION.

Sections deleted text begin 609.109 and deleted text end 609.342 to 609.3451 new text begin and 609.3453 new text end do
not apply to sexual penetration or sexual contact when done for
a bona fide medical purpose.

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 609.353, is
amended to read:

609.353 JURISDICTION.

A violation or attempted violation of section 609.342,
609.343, 609.344, 609.345, 609.3451, new text begin 609.3453, new text end or 609.352 may be
prosecuted in any jurisdiction in which the violation originates
or terminates.

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 631.045, is
amended to read:

631.045 EXCLUDING SPECTATORS FROM THE COURTROOM.

At the trial of a complaint or indictment for a violation
of sections 609.109, 609.341 to 609.3451, new text begin 609.3453, new text end or 617.246,
subdivision 2, when a minor under 18 years of age is the person
upon, with, or against whom the crime is alleged to have been
committed, the judge may exclude the public from the courtroom
during the victim's testimony or during all or part of the
remainder of the trial upon a showing that closure is necessary
to protect a witness or ensure fairness in the trial. The judge
shall give the prosecutor, defendant and members of the public
the opportunity to object to the closure before a closure order.
The judge shall specify the reasons for closure in an order
closing all or part of the trial. Upon closure the judge shall
only admit persons who have a direct interest in the case.

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. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes,
section 244.051, as Minnesota Statutes, section 244.0517, and
correct cross-references. The revisor of statutes also shall
renumber Minnesota Statutes, section 609.3452, as Minnesota
Statutes, section 609.3462, and correct cross-references. In
addition, the revisor shall delete the reference in Minnesota
Statutes, section 13.871, subdivision 3, paragraph (d), to
Minnesota Statutes, section 609.3452, and insert a reference to
Minnesota Statutes, section 609.3462. The revisor shall include
a notation in Minnesota Statutes to inform readers of the
statutes of the renumbering of sections 244.051 and 609.3462.
new text end

new text begin EFFECTIVE DATE. new text end

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