HF 1

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; providing a life penalty 
  1.3             without the possibility of release for certain first 
  1.4             degree criminal sexual conduct crimes; creating 
  1.5             indeterminate sentences and mandatory life sentences 
  1.6             for certain first through fourth degree criminal 
  1.7             sexual conduct crimes; creating a new criminal sexual 
  1.8             predatory conduct crime; establishing the Minnesota 
  1.9             Sex Offender Review Board; providing procedures for 
  1.10            operation of the review board; specifying when an 
  1.11            offender may petition for conditional release; 
  1.12            directing the Sentencing Guidelines Commission to 
  1.13            designate presumptive sentences for certain offenses; 
  1.14            requiring the commissioner of corrections to establish 
  1.15            criteria and procedures for reviewing offenders' 
  1.16            petitions for release; allowing the Minnesota Sex 
  1.17            Offender Review Board and the commissioner of 
  1.18            corrections to proceed with expedited rulemaking; 
  1.19            exempting the review board from contested case 
  1.20            proceedings; granting the review board access to 
  1.21            certain data; specifying that the Open Meeting Law 
  1.22            does not apply to meetings and hearings of the 
  1.23            Minnesota Sex Offender Review Board; instructing the 
  1.24            revisor to recodify and renumber statutes; making 
  1.25            various technical and conforming changes; amending 
  1.26            Minnesota Statutes 2004, sections 13.851, by adding a 
  1.27            subdivision; 13D.01, subdivision 2; 241.67, 
  1.28            subdivision 3; 243.166, subdivision 1; 244.05, 
  1.29            subdivisions 1, 3, 4, 5, 6, 7; 244.052, subdivision 3; 
  1.30            244.195, subdivision 1; 253B.185, subdivision 2, by 
  1.31            adding a subdivision; 401.01, subdivision 2; 609.117, 
  1.32            subdivisions 1, 2; 609.1351; 609.341, by adding 
  1.33            subdivisions; 609.342; 609.343; 609.344; 609.345; 
  1.34            609.3452, subdivision 4; 609.347; 609.3471; 609.348; 
  1.35            609.353; 631.045; proposing coding for new law in 
  1.36            Minnesota Statutes, chapters 244; 609; repealing 
  1.37            Minnesota Statutes 2004, sections 609.108; 609.109. 
  1.38  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.39                             ARTICLE 1 
  1.40      MANDATORY LIFE SENTENCES AND INDETERMINATE SENTENCES FOR 
  1.41        SEX OFFENDERS; OTHER SEX OFFENDER SENTENCING CHANGES 
  2.1      Section 1.  [LEGISLATIVE FINDINGS AND PURPOSE.] 
  2.2      The legislature finds that sex offenders pose a significant 
  2.3   threat to public safety, are unique in their psychological 
  2.4   makeup, and are particularly likely to continue to be dangerous 
  2.5   after their release from imprisonment.  The legislature also 
  2.6   finds that sex offenders inflict long-standing psychological 
  2.7   harm on their victims and significantly undermine victim and 
  2.8   community safety to a greater extent than most other criminal 
  2.9   offenses.  Based on these findings, the legislature believes sex 
  2.10  offenders need long-term supervision and treatment beyond that 
  2.11  provided other offenders.  The legislature further believes this 
  2.12  type of supervision and treatment is best provided in a secure 
  2.13  correctional facility and public safety warrants the use of 
  2.14  state resources for this purpose. 
  2.15     The legislature's purpose in enacting this legislation is 
  2.16  to provide courts and corrections and treatment professionals 
  2.17  with the tools necessary to protect public safety through use of 
  2.18  longer, more flexible sentences than currently provided by law.  
  2.19  The legislature intends that a sex offender's past and future 
  2.20  dangerousness be considered both in sentencing and release 
  2.21  decisions. 
  2.22     Sec. 2.  [244.048] [DEFINITIONS.] 
  2.23     For the purpose of sections 244.05 to 244.0515, the 
  2.24  following terms have the meanings given them, unless otherwise 
  2.25  noted. 
  2.26     (a) "Conditional release" means the release of an inmate 
  2.27  subject to conditions, as described in sections 244.0514 and 
  2.28  609.3459.  
  2.29     (b) "First eligible for release" has the meaning given in 
  2.30  section 609.341, subdivision 23.  
  2.31     (c) "Minimum term of imprisonment" has the meaning given in 
  2.32  section 609.341, subdivision 24.  
  2.33     (d) "Minnesota Sex Offender Review Board" or "Board" has 
  2.34  the meaning given in section 244.0515, subdivision 1, paragraph 
  2.35  (a).  
  2.36     (e) "Sex offense" has the meaning given in section 609.341, 
  3.1   subdivision 26. 
  3.2      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  3.3   and applies to crimes committed on or after that date. 
  3.4      Sec. 3.  Minnesota Statutes 2004, section 244.05, 
  3.5   subdivision 5, is amended to read: 
  3.6      Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
  3.7   commissioner of corrections may, under rules promulgated by the 
  3.8   commissioner, give supervised release to an inmate serving a 
  3.9   mandatory life sentence under section 609.185, clause (1), (3), 
  3.10  (5), or (6); 609.109, subdivision 2a;, or 609.385 after the 
  3.11  inmate has served the minimum term of imprisonment specified in 
  3.12  subdivision 4. 
  3.13     (b) The commissioner shall require the preparation of a 
  3.14  community investigation report and shall consider the findings 
  3.15  of the report when making a supervised release decision under 
  3.16  this subdivision or a conditional release decision under section 
  3.17  244.0514.  The report shall reflect the sentiment of the various 
  3.18  elements of the community toward the inmate, both at the time of 
  3.19  the offense and at the present time.  The report shall include 
  3.20  the views of the sentencing judge, the prosecutor, any law 
  3.21  enforcement personnel who may have been involved in the case, 
  3.22  and any successors to these individuals who may have information 
  3.23  relevant to the supervised release or conditional release 
  3.24  decision.  The report shall also include the views of the victim 
  3.25  and the victim's family unless the victim or the victim's family 
  3.26  chooses not to participate. The commissioner must submit the 
  3.27  report required by this paragraph to the Minnesota Sex Offender 
  3.28  Review Board described in section 244.0515 at least six months 
  3.29  before the inmate is first eligible for release.  The 
  3.30  commissioner also shall give the board, on request, any and all 
  3.31  information the commissioner gathered for use in compiling the 
  3.32  report. 
  3.33     (c) The commissioner shall make reasonable efforts to 
  3.34  notify the victim, in advance, of the time and place of the 
  3.35  inmate's supervised release review hearing.  The victim has a 
  3.36  right to submit an oral or written statement at the review 
  4.1   hearing.  The statement may summarize the harm suffered by the 
  4.2   victim as a result of the crime and give the victim's 
  4.3   recommendation on whether the inmate should be given supervised 
  4.4   release at this time.  The commissioner must consider the 
  4.5   victim's statement when making the supervised release decision. 
  4.6      (d) As used in this subdivision, "victim" means the 
  4.7   individual who suffered harm as a result of the inmate's crime 
  4.8   or, if the individual is deceased, the deceased's surviving 
  4.9   spouse or next of kin. 
  4.10     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  4.11  and applies to crimes committed on or after that date. 
  4.12     Sec. 4.  [244.0514] [CONDITIONAL RELEASE TERM FOR SEX 
  4.13  OFFENSES.] 
  4.14     Subdivision 1.  [CONDITIONAL RELEASE REQUIRED.] Except as 
  4.15  provided in subdivision 3, every inmate sentenced for a sex 
  4.16  offense shall serve a conditional release term as provided in 
  4.17  section 609.3459 upon the person's release from a state 
  4.18  correctional facility. 
  4.19     Subd. 2.  [RELATIONSHIP TO SUPERVISED RELEASE.] Except as 
  4.20  otherwise provided in this section and sections 244.0515 and 
  4.21  609.3459, the provisions related to supervised release in 
  4.22  section 244.05 apply to inmates on conditional release. 
  4.23     Subd. 3.  [MINIMUM IMPRISONMENT; LIFE SENTENCE.] An inmate 
  4.24  serving a mandatory life sentence under section 609.342, 
  4.25  subdivision 2, or section 609.3458, subdivision 3, must not be 
  4.26  given conditional release under this section unless the inmate 
  4.27  is serving an indeterminate sentence under section 609.3455.  An 
  4.28  inmate serving a mandatory life sentence under section 609.3455 
  4.29  must not be given conditional release under this section without 
  4.30  having first served the minimum term of imprisonment specified 
  4.31  by the court under section 609.3455, subdivision 2.  An inmate 
  4.32  serving a mandatory life sentence under section 609.3458, 
  4.33  subdivision 3, must not be given conditional release under this 
  4.34  section without having first served a minimum of 30 years 
  4.35  imprisonment. 
  4.36     Subd. 4.  [CONDITIONAL RELEASE; LIFE SENTENCE.] (a) Except 
  5.1   as provided in paragraph (b), the Minnesota Sex Offender Review 
  5.2   Board may give conditional release to an inmate serving a 
  5.3   mandatory life sentence under section 609.3455 after the inmate 
  5.4   has served the minimum term of imprisonment specified in 
  5.5   subdivision 3.  
  5.6      (b) The Minnesota Sex Offender Review Board may give 
  5.7   conditional release to an inmate sentenced under section 
  5.8   609.3458, subdivision 3 after the inmate has served 30 years 
  5.9   imprisonment. 
  5.10     (c) The terms of conditional release are governed by this 
  5.11  section and section 609.3459. 
  5.12     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
  5.13  and applies to crimes committed on or after that date. 
  5.14     Sec. 5.  Minnesota Statutes 2004, section 244.052, 
  5.15  subdivision 3, is amended to read: 
  5.16     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
  5.17  commissioner of corrections shall establish and administer 
  5.18  end-of-confinement review committees at each state correctional 
  5.19  facility and at each state treatment facility where predatory 
  5.20  offenders are confined.  The committees shall assess on a 
  5.21  case-by-case basis the public risk posed by predatory offenders 
  5.22  who are about to be released from confinement. 
  5.23     (b) Each committee shall be a standing committee and shall 
  5.24  consist of the following members appointed by the commissioner: 
  5.25     (1) the chief executive officer or head of the correctional 
  5.26  or treatment facility where the offender is currently confined, 
  5.27  or that person's designee; 
  5.28     (2) a law enforcement officer; 
  5.29     (3) a treatment professional who is trained in the 
  5.30  assessment of sex offenders; 
  5.31     (4) a caseworker experienced in supervising sex offenders; 
  5.32  and 
  5.33     (5) a victim's services professional. 
  5.34     Members of the committee, other than the facility's chief 
  5.35  executive officer or head, shall be appointed by the 
  5.36  commissioner to two-year terms.  The chief executive officer or 
  6.1   head of the facility or designee shall act as chair of the 
  6.2   committee and shall use the facility's staff, as needed, to 
  6.3   administer the committee, obtain necessary information from 
  6.4   outside sources, and prepare risk assessment reports on 
  6.5   offenders. 
  6.6      (c) The committee shall have access to the following data 
  6.7   on a predatory offender only for the purposes of its assessment 
  6.8   and to defend the committee's risk assessment determination upon 
  6.9   administrative review under this section: 
  6.10     (1) private medical data under section 13.384 or 144.335, 
  6.11  or welfare data under section 13.46 that relate to medical 
  6.12  treatment of the offender; 
  6.13     (2) private and confidential court services data under 
  6.14  section 13.84; 
  6.15     (3) private and confidential corrections data under section 
  6.16  13.85; and 
  6.17     (4) private criminal history data under section 13.87. 
  6.18     Data collected and maintained by the committee under this 
  6.19  paragraph may not be disclosed outside the committee, except as 
  6.20  provided under section 13.05, subdivision 3 or 4.  The predatory 
  6.21  offender has access to data on the offender collected and 
  6.22  maintained by the committee, unless the data are confidential 
  6.23  data received under this paragraph. 
  6.24     (d)(i) Except as otherwise provided in item 
  6.25  items (ii), (iii), and (iv), at least 90 days before a predatory 
  6.26  offender is to be released from confinement, the commissioner of 
  6.27  corrections shall convene the appropriate end-of-confinement 
  6.28  review committee for the purpose of assessing the risk presented 
  6.29  by the offender and determining the risk level to which the 
  6.30  offender shall be assigned under paragraph (e).  The offender 
  6.31  and the law enforcement agency that was responsible for the 
  6.32  charge resulting in confinement shall be notified of the time 
  6.33  and place of the committee's meeting.  The offender has a right 
  6.34  to be present and be heard at the meeting.  The law enforcement 
  6.35  agency may provide material in writing that is relevant to the 
  6.36  offender's risk level to the chair of the committee.  The 
  7.1   committee shall use the risk factors described in paragraph (g) 
  7.2   and the risk assessment scale developed under subdivision 2 to 
  7.3   determine the offender's risk assessment score and risk level.  
  7.4   Offenders scheduled for release from confinement shall be 
  7.5   assessed by the committee established at the facility from which 
  7.6   the offender is to be released.  
  7.7      (ii) If an offender is received for confinement in a 
  7.8   facility with less than 90 days remaining in the offender's term 
  7.9   of confinement, the offender's risk shall be assessed at the 
  7.10  first regularly scheduled end of confinement review committee 
  7.11  that convenes after the appropriate documentation for the risk 
  7.12  assessment is assembled by the committee.  The commissioner 
  7.13  shall make reasonable efforts to ensure that offender's risk is 
  7.14  assessed and a risk level is assigned or reassigned at least 30 
  7.15  days before the offender's release date. 
  7.16     (iii) If the offender is subject to an indeterminate 
  7.17  sentence under section 609.3455 or was sentenced under section 
  7.18  609.3458, subdivision 3, the commissioner of corrections shall 
  7.19  convene the appropriate end-of-confinement review committee at 
  7.20  least nine months before the offender is first eligible for 
  7.21  release.  If the offender is received for confinement in a 
  7.22  facility with fewer than nine months remaining before the 
  7.23  offender is first eligible for release, the committee shall 
  7.24  conform its procedures to those outlined in item (ii) to the 
  7.25  extent practicable.  
  7.26     (iv) If the predatory offender is granted conditional 
  7.27  release under section 244.0515, the commissioner of corrections 
  7.28  shall notify the appropriate end-of-confinement review committee 
  7.29  that it needs to review the offender's previously determined 
  7.30  risk level at its next regularly scheduled meeting.  The 
  7.31  commissioner shall make reasonable efforts to ensure that the 
  7.32  offender's earlier risk level determination is reviewed and the 
  7.33  risk level is confirmed or reassigned at least 60 days before 
  7.34  the offender's release date.  The committee shall give the 
  7.35  report to the offender and to the law enforcement agency at 
  7.36  least 60 days before an offender is released from confinement.  
  8.1      (e) The committee shall assign to risk level I a predatory 
  8.2   offender whose risk assessment score indicates a low risk of 
  8.3   reoffense.  The committee shall assign to risk level II an 
  8.4   offender whose risk assessment score indicates a moderate risk 
  8.5   of reoffense.  The committee shall assign to risk level III an 
  8.6   offender whose risk assessment score indicates a high risk of 
  8.7   reoffense. 
  8.8      (f) Before the predatory offender is released from 
  8.9   confinement, the committee shall prepare a risk assessment 
  8.10  report which specifies the risk level to which the offender has 
  8.11  been assigned and the reasons underlying the committee's risk 
  8.12  assessment decision.  Except for an offender subject to an 
  8.13  indeterminate sentence under section 609.3455 who has not been 
  8.14  granted conditional release by the Minnesota Sex Offender Review 
  8.15  Board, The committee shall give the report to the offender and 
  8.16  to the law enforcement agency at least 60 days before an 
  8.17  offender is released from confinement.  If the offender is 
  8.18  subject to an indeterminate sentence and has not yet served the 
  8.19  entire minimum term of imprisonment, the committee shall give 
  8.20  the report to the offender, the commissioner, and the Minnesota 
  8.21  Sex Offender Review Board at least six months before the 
  8.22  offender is first eligible for release.  The committee also 
  8.23  shall give the board, on request, any and all information the 
  8.24  committee reviewed in making its risk assessment.  If the risk 
  8.25  assessment is performed under the circumstances described in 
  8.26  paragraph (d), item (ii), the report shall be given to the 
  8.27  offender and the law enforcement agency as soon as it is 
  8.28  available.  The committee also shall inform the offender of the 
  8.29  availability of review under subdivision 6. 
  8.30     (g) As used in this subdivision, "risk factors" includes, 
  8.31  but is not limited to, the following factors: 
  8.32     (1) the seriousness of the offense should the offender 
  8.33  reoffend.  This factor includes consideration of the following:  
  8.34     (i) the degree of likely force or harm; 
  8.35     (ii) the degree of likely physical contact; and 
  8.36     (iii) the age of the likely victim; 
  9.1      (2) the offender's prior offense history.  This factor 
  9.2   includes consideration of the following: 
  9.3      (i) the relationship of prior victims to the offender; 
  9.4      (ii) the number of prior offenses or victims; 
  9.5      (iii) the duration of the offender's prior offense history; 
  9.6      (iv) the length of time since the offender's last prior 
  9.7   offense while the offender was at risk to commit offenses; and 
  9.8      (v) the offender's prior history of other antisocial acts; 
  9.9      (3) the offender's characteristics.  This factor includes 
  9.10  consideration of the following:  
  9.11     (i) the offender's response to prior treatment efforts; and 
  9.12     (ii) the offender's history of substance abuse; 
  9.13     (4) the availability of community supports to the offender. 
  9.14  This factor includes consideration of the following: 
  9.15     (i) the availability and likelihood that the offender will 
  9.16  be involved in therapeutic treatment; 
  9.17     (ii) the availability of residential supports to the 
  9.18  offender, such as a stable and supervised living arrangement in 
  9.19  an appropriate location; 
  9.20     (iii) the offender's familial and social relationships, 
  9.21  including the nature and length of these relationships and the 
  9.22  level of support that the offender may receive from these 
  9.23  persons; and 
  9.24     (iv) the offender's lack of education or employment 
  9.25  stability; 
  9.26     (5) whether the offender has indicated or credible evidence 
  9.27  in the record indicates that the offender will reoffend if 
  9.28  released into the community; and 
  9.29     (6) whether the offender demonstrates a physical condition 
  9.30  that minimizes the risk of reoffense, including but not limited 
  9.31  to, advanced age or a debilitating illness or physical condition.
  9.32     (h) Upon the request of the law enforcement agency or the 
  9.33  offender's corrections agent, the commissioner may reconvene the 
  9.34  end-of-confinement review committee for the purpose of 
  9.35  reassessing the risk level to which an offender has been 
  9.36  assigned under paragraph (e).  In a request for a reassessment, 
 10.1   the law enforcement agency which was responsible for the charge 
 10.2   resulting in confinement or agent shall list the facts and 
 10.3   circumstances arising after the initial assignment or facts and 
 10.4   circumstances known to law enforcement or the agent but not 
 10.5   considered by the committee under paragraph (e) which support 
 10.6   the request for a reassessment.  The request for reassessment by 
 10.7   the law enforcement agency must occur within 30 days of receipt 
 10.8   of the report indicating the offender's risk level assignment.  
 10.9   The offender's corrections agent, in consultation with the chief 
 10.10  law enforcement officer in the area where the offender resides 
 10.11  or intends to reside, may request a review of a risk level at 
 10.12  any time if substantial evidence exists that the offender's risk 
 10.13  level should be reviewed by an end-of-confinement review 
 10.14  committee.  This evidence includes, but is not limited to, 
 10.15  evidence of treatment failures or completions, evidence of 
 10.16  exceptional crime-free community adjustment or lack of 
 10.17  appropriate adjustment, evidence of substantial community need 
 10.18  to know more about the offender or mitigating circumstances that 
 10.19  would narrow the proposed scope of notification, or other 
 10.20  practical situations articulated and based in evidence of the 
 10.21  offender's behavior while under supervision.  Upon review of the 
 10.22  request, the end-of-confinement review committee may reassign an 
 10.23  offender to a different risk level.  If the offender is 
 10.24  reassigned to a higher risk level, the offender has the right to 
 10.25  seek review of the committee's determination under subdivision 6.
 10.26     (i) An offender may request the end-of-confinement review 
 10.27  committee to reassess the offender's assigned risk level after 
 10.28  three years have elapsed since the committee's initial risk 
 10.29  assessment and may renew the request once every two years 
 10.30  following subsequent denials.  In a request for reassessment, 
 10.31  the offender shall list the facts and circumstances which 
 10.32  demonstrate that the offender no longer poses the same degree of 
 10.33  risk to the community.  In order for a request for a risk level 
 10.34  reduction to be granted, the offender must demonstrate full 
 10.35  compliance with supervised release conditions, completion of 
 10.36  required post-release treatment programming, and full compliance 
 11.1   with all registration requirements as detailed in section 
 11.2   243.166.  The offender must also not have been convicted of any 
 11.3   felony, gross misdemeanor, or misdemeanor offenses subsequent to 
 11.4   the assignment of the original risk level.  The committee shall 
 11.5   follow the process outlined in paragraphs (a) to (c) in the 
 11.6   reassessment.  An offender who is incarcerated may not request a 
 11.7   reassessment under this paragraph. 
 11.8      (j) Offenders returned to prison as release violators shall 
 11.9   not have a right to a subsequent risk reassessment by the 
 11.10  end-of-confinement review committee unless substantial evidence 
 11.11  indicates that the offender's risk to the public has increased. 
 11.12     (k) The commissioner shall establish an end-of-confinement 
 11.13  review committee to assign a risk level to offenders who are 
 11.14  released from a federal correctional facility in Minnesota or 
 11.15  another state and who intend to reside in Minnesota, and to 
 11.16  offenders accepted from another state under a reciprocal 
 11.17  agreement for parole supervision under the interstate compact 
 11.18  authorized by section 243.16.  The committee shall make 
 11.19  reasonable efforts to conform to the same timelines as applied 
 11.20  to Minnesota cases.  Offenders accepted from another state under 
 11.21  a reciprocal agreement for probation supervision are not 
 11.22  assigned a risk level, but are considered downward dispositional 
 11.23  departures.  The probation or court services officer and law 
 11.24  enforcement officer shall manage such cases in accordance with 
 11.25  section 244.10, subdivision 2a.  The policies and procedures of 
 11.26  the committee for federal offenders and interstate compact cases 
 11.27  must be in accordance with all requirements as set forth in this 
 11.28  section, unless restrictions caused by the nature of federal or 
 11.29  interstate transfers prevents such conformance. 
 11.30     (l) If the committee assigns a predatory offender to risk 
 11.31  level III, the committee shall determine whether residency 
 11.32  restrictions shall be included in the conditions of the 
 11.33  offender's release based on the offender's pattern of offending 
 11.34  behavior. 
 11.35     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 11.36  and applies to crimes committed on or after that date. 
 12.1      Sec. 6.  Minnesota Statutes 2004, section 253B.185, is 
 12.2   amended by adding a subdivision to read: 
 12.3      Subd. 8.  [REPORT.] The commissioner of corrections must 
 12.4   prepare a report each fiscal year that identifies and describes 
 12.5   each circumstance where the commissioner: 
 12.6      (1) received a person for incarceration with at least 12 
 12.7   months remaining in the person's term of imprisonment and the 
 12.8   commissioner did not notify the county attorney of the county 
 12.9   where the person was convicted at least 12 months before the 
 12.10  person's release date that a petition for civil commitment may 
 12.11  be appropriate; or 
 12.12     (2) received a person for incarceration with less than 12 
 12.13  months remaining in the person's term of imprisonment and the 
 12.14  commissioner did not notify the county attorney of the county 
 12.15  where the person was convicted prior to the person's release 
 12.16  date that a petition for civil commitment may be appropriate.  
 12.17     The report is due to the ranking members of the house and 
 12.18  senate committees having jurisdiction over judiciary finance and 
 12.19  health and human services finance by October 1 of each year. 
 12.20     [EFFECTIVE DATE.] This section is effective the day 
 12.21  following final enactment. 
 12.22     Sec. 7.  Minnesota Statutes 2004, section 609.341, is 
 12.23  amended by adding a subdivision to read: 
 12.24     Subd. 22.  [CONDITIONAL RELEASE.] "Conditional release" has 
 12.25  the meaning given in section 244.048, paragraph (a). 
 12.26     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 12.27  and applies to crimes committed on or after that date. 
 12.28     Sec. 8.  Minnesota Statutes 2004, section 609.341, is 
 12.29  amended by adding a subdivision to read: 
 12.30     Subd. 23.  [FIRST ELIGIBLE FOR RELEASE.] (a) For the 
 12.31  purpose of an offender sentenced under section 609.3455, "first 
 12.32  eligible for release" means the day after the inmate has served 
 12.33  the entire minimum term of imprisonment, plus any disciplinary 
 12.34  time imposed by the commissioner of corrections. 
 12.35     (b) In the case of an offender sentenced under section 
 12.36  609.3458, subdivision 3, "first eligible for release" means the 
 13.1   day after the inmate has served 30 years imprisonment, plus any 
 13.2   disciplinary time imposed by the commissioner of corrections.  
 13.3      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 13.4   and applies to crimes committed on or after that date. 
 13.5      Sec. 9.  Minnesota Statutes 2004, section 609.341, is 
 13.6   amended by adding a subdivision to read: 
 13.7      Subd. 24.  [MINIMUM TERM OF IMPRISONMENT.] "Minimum term of 
 13.8   imprisonment" means the minimum length of time an offender is 
 13.9   incarcerated for a sentence imposed under section 609.3455.  The 
 13.10  minimum term of imprisonment is equal to two-thirds of the 
 13.11  sentence length called for by the presumptive sentence under the 
 13.12  appropriate cell of the Sentencing Guidelines grid, plus any 
 13.13  disciplinary time imposed by the commissioner of corrections.  
 13.14  If the Sentencing Guidelines do not provide the presumptive 
 13.15  sentence for the offense, the minimum term of imprisonment is as 
 13.16  provided by statute or, if not so provided, as determined by the 
 13.17  court.  
 13.18     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 13.19  and applies to crimes committed on or after that date. 
 13.20     Sec. 10.  Minnesota Statutes 2004, section 609.341, is 
 13.21  amended by adding a subdivision to read: 
 13.22     Subd. 25.  [PREDATORY CRIME.] "Predatory crime" means any 
 13.23  felony violation of, or felony attempt to violate, section 
 13.24  609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 
 13.25  609.223; 609.24; 609.245; 609.25; 609.255; 609.365; or 609.582, 
 13.26  subdivision 1. 
 13.27     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 13.28  and applies to crimes committed on or after that date. 
 13.29     Sec. 11.  Minnesota Statutes 2004, section 609.341, is 
 13.30  amended by adding a subdivision to read: 
 13.31     Subd. 26.  [SEX OFFENSE.] Unless otherwise provided, "sex 
 13.32  offense" means any violation of, or attempt to violate, section 
 13.33  609.342, 609.343, 609.344, 609.345, or 609.3453, or any similar 
 13.34  statute of the United States or any other state. 
 13.35     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 13.36  and applies to crimes committed on or after that date. 
 14.1      Sec. 12.  Minnesota Statutes 2004, section 609.342, is 
 14.2   amended to read: 
 14.3      609.342 [CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.] 
 14.4      Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 14.5   sexual penetration with another person, or in sexual contact 
 14.6   with a person under 13 years of age as defined in section 
 14.7   609.341, subdivision 11, paragraph (c), is guilty of criminal 
 14.8   sexual conduct in the first degree if any of the following 
 14.9   circumstances exists: 
 14.10     (a) the complainant is under 13 years of age and the actor 
 14.11  is more than 36 months older than the complainant.  Neither 
 14.12  mistake as to the complainant's age nor consent to the act by 
 14.13  the complainant is a defense; 
 14.14     (b) the complainant is at least 13 years of age but less 
 14.15  than 16 years of age and the actor is more than 48 months older 
 14.16  than the complainant and in a position of authority over the 
 14.17  complainant.  Neither mistake as to the complainant's age nor 
 14.18  consent to the act by the complainant is a defense; 
 14.19     (c) circumstances existing at the time of the act cause the 
 14.20  complainant to have a reasonable fear of imminent great bodily 
 14.21  harm to the complainant or another; 
 14.22     (d) the actor is armed with a dangerous weapon or any 
 14.23  article used or fashioned in a manner to lead the complainant to 
 14.24  reasonably believe it to be a dangerous weapon and uses or 
 14.25  threatens to use the weapon or article to cause the complainant 
 14.26  to submit; 
 14.27     (e) the actor causes personal injury to the complainant, 
 14.28  and either of the following circumstances exist: 
 14.29     (i) the actor uses force or coercion to accomplish sexual 
 14.30  penetration; or 
 14.31     (ii) the actor knows or has reason to know that the 
 14.32  complainant is mentally impaired, mentally incapacitated, or 
 14.33  physically helpless; 
 14.34     (f) the actor is aided or abetted by one or more 
 14.35  accomplices within the meaning of section 609.05, and either of 
 14.36  the following circumstances exists: 
 15.1      (i) an accomplice uses force or coercion to cause the 
 15.2   complainant to submit; or 
 15.3      (ii) an accomplice is armed with a dangerous weapon or any 
 15.4   article used or fashioned in a manner to lead the complainant 
 15.5   reasonably to believe it to be a dangerous weapon and uses or 
 15.6   threatens to use the weapon or article to cause the complainant 
 15.7   to submit; 
 15.8      (g) the actor has a significant relationship to the 
 15.9   complainant and the complainant was under 16 years of age at the 
 15.10  time of the sexual penetration.  Neither mistake as to the 
 15.11  complainant's age nor consent to the act by the complainant is a 
 15.12  defense; or 
 15.13     (h) the actor has a significant relationship to the 
 15.14  complainant, the complainant was under 16 years of age at the 
 15.15  time of the sexual penetration, and: 
 15.16     (i) the actor or an accomplice used force or coercion to 
 15.17  accomplish the penetration; 
 15.18     (ii) the complainant suffered personal injury; or 
 15.19     (iii) the sexual abuse involved multiple acts committed 
 15.20  over an extended period of time. 
 15.21     Neither mistake as to the complainant's age nor consent to 
 15.22  the act by the complainant is a defense. 
 15.23     Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
 15.24  section 609.109, A person convicted under subdivision 1 may, 
 15.25  clause (c), (d), (e), (f), or (h), or convicted for an attempted 
 15.26  violation of subdivision 1, clause (c), (d), (e), (f), or (h), 
 15.27  shall be sentenced to imprisonment for not more than 30 years or 
 15.28  to a payment of a fine of not more than $40,000, or both life.  
 15.29  A person convicted under subdivision 1, clause (a), (b), or (g), 
 15.30  or convicted for an attempted violation of subdivision 1, clause 
 15.31  (a), (b), or (g), may be sentenced to imprisonment for life. 
 15.32     (b) In addition to the sentence imposed under paragraph 
 15.33  (a), the person also may be sentenced to a fine of not more than 
 15.34  $40,000. 
 15.35     (c) Unless a longer mandatory minimum sentence is otherwise 
 15.36  required by law or the Sentencing Guidelines provide for a 
 16.1   longer presumptive executed sentence, the court shall presume 
 16.2   that an executed sentence of 144 months must be imposed on an 
 16.3   offender convicted of violating this section, or attempting to 
 16.4   violate, subdivision 1, clause (a), (b), or (g).  Sentencing a 
 16.5   person in a manner other than that described in this paragraph 
 16.6   is a departure from the Sentencing Guidelines. 
 16.7      (d) Unless a longer mandatory minimum sentence is otherwise 
 16.8   required or the Sentencing Guidelines call for a longer 
 16.9   presumptive executed sentence, for the purpose of section 
 16.10  609.3455, the court shall presume the minimum term of 
 16.11  imprisonment for a conviction under subdivision 1, clause (a), 
 16.12  (b), or (g) is 96 months, and the minimum term of imprisonment 
 16.13  for a conviction for an attempted violation of subdivision 1, 
 16.14  clause (a), (b), or (g) is 48 months.  
 16.15     Subd. 3.  [STAY.] Except when imprisonment is required 
 16.16  under section 609.109 609.3458, if a person is convicted under 
 16.17  subdivision 1, clause (g), the court may stay imposition or 
 16.18  execution of the sentence if it finds that: 
 16.19     (a) a stay is in the best interest of the complainant or 
 16.20  the family unit; and 
 16.21     (b) a professional assessment indicates that the offender 
 16.22  has been accepted by and can respond to a treatment program. 
 16.23     If the court stays imposition or execution of sentence, it 
 16.24  shall include the following as conditions of probation: 
 16.25     (1) incarceration in a local jail or workhouse; 
 16.26     (2) a requirement that the offender complete a treatment 
 16.27  program; and 
 16.28     (3) a requirement that the offender have no unsupervised 
 16.29  contact with the complainant until the offender has successfully 
 16.30  completed the treatment program unless approved by the treatment 
 16.31  program and the supervising correctional agent.  
 16.32     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 16.33  and applies to crimes committed on or after that date. 
 16.34     Sec. 13.  Minnesota Statutes 2004, section 609.343, is 
 16.35  amended to read: 
 16.36     609.343 [CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.] 
 17.1      Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 17.2   sexual contact with another person is guilty of criminal sexual 
 17.3   conduct in the second degree if any of the following 
 17.4   circumstances exists: 
 17.5      (a) the complainant is under 13 years of age and the actor 
 17.6   is more than 36 months older than the complainant.  Neither 
 17.7   mistake as to the complainant's age nor consent to the act by 
 17.8   the complainant is a defense.  In a prosecution under this 
 17.9   clause, the state is not required to prove that the sexual 
 17.10  contact was coerced; 
 17.11     (b) the complainant is at least 13 but less than 16 years 
 17.12  of age and the actor is more than 48 months older than the 
 17.13  complainant and in a position of authority over the complainant. 
 17.14  Neither mistake as to the complainant's age nor consent to the 
 17.15  act by the complainant is a defense; 
 17.16     (c) circumstances existing at the time of the act cause the 
 17.17  complainant to have a reasonable fear of imminent great bodily 
 17.18  harm to the complainant or another; 
 17.19     (d) the actor is armed with a dangerous weapon or any 
 17.20  article used or fashioned in a manner to lead the complainant to 
 17.21  reasonably believe it to be a dangerous weapon and uses or 
 17.22  threatens to use the dangerous weapon to cause the complainant 
 17.23  to submit; 
 17.24     (e) the actor causes personal injury to the complainant, 
 17.25  and either of the following circumstances exist: 
 17.26     (i) the actor uses force or coercion to accomplish the 
 17.27  sexual contact; or 
 17.28     (ii) the actor knows or has reason to know that the 
 17.29  complainant is mentally impaired, mentally incapacitated, or 
 17.30  physically helpless; 
 17.31     (f) the actor is aided or abetted by one or more 
 17.32  accomplices within the meaning of section 609.05, and either of 
 17.33  the following circumstances exists: 
 17.34     (i) an accomplice uses force or coercion to cause the 
 17.35  complainant to submit; or 
 17.36     (ii) an accomplice is armed with a dangerous weapon or any 
 18.1   article used or fashioned in a manner to lead the complainant to 
 18.2   reasonably believe it to be a dangerous weapon and uses or 
 18.3   threatens to use the weapon or article to cause the complainant 
 18.4   to submit; 
 18.5      (g) the actor has a significant relationship to the 
 18.6   complainant and the complainant was under 16 years of age at the 
 18.7   time of the sexual contact.  Neither mistake as to the 
 18.8   complainant's age nor consent to the act by the complainant is a 
 18.9   defense; or 
 18.10     (h) the actor has a significant relationship to the 
 18.11  complainant, the complainant was under 16 years of age at the 
 18.12  time of the sexual contact, and: 
 18.13     (i) the actor or an accomplice used force or coercion to 
 18.14  accomplish the contact; 
 18.15     (ii) the complainant suffered personal injury; or 
 18.16     (iii) the sexual abuse involved multiple acts committed 
 18.17  over an extended period of time. 
 18.18     Neither mistake as to the complainant's age nor consent to 
 18.19  the act by the complainant is a defense. 
 18.20     Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
 18.21  section 609.109, a person convicted under subdivision 1 may be 
 18.22  sentenced to imprisonment for not more than 25 years or to a 
 18.23  payment of a fine of not more than $35,000, or both life.  The 
 18.24  person also may be sentenced to a fine of not more than $35,000. 
 18.25     (b) If section 609.3455 provides the sentence for a 
 18.26  conviction under this section, the court shall sentence the 
 18.27  person to an indeterminate sentence under section 609.3455.  If 
 18.28  section 609.3455 does not provide the sentence for a conviction 
 18.29  under this section, the court shall sentence the person as 
 18.30  provided in paragraph (c). 
 18.31     (c) Unless a longer mandatory minimum sentence is otherwise 
 18.32  required by law or the Sentencing Guidelines provide for a 
 18.33  longer presumptive executed sentence, the court shall presume 
 18.34  that an executed sentence of 90 months must the minimum sentence 
 18.35  that may be imposed on an offender convicted of violating 
 18.36  subdivision 1, clause (c), (d), (e), (f), or (h) is an executed 
 19.1   sentence of 90 months.  Sentencing a person in a manner other 
 19.2   than that described in this paragraph is a departure from the 
 19.3   Sentencing Guidelines. 
 19.4      (d) Unless a longer mandatory minimum sentence is otherwise 
 19.5   required or the Sentencing Guidelines call for a longer 
 19.6   presumptive executed sentence, for the purpose of section 
 19.7   609.3455, the court shall presume the minimum term of 
 19.8   imprisonment for a conviction under subdivision 1, clause (c), 
 19.9   (d), (e), (f), or (h), is 60 months and the minimum term of 
 19.10  imprisonment for a conviction for an attempted violation of 
 19.11  subdivision 1, clause (c), (d), (e), (f), or (h), is 30 months. 
 19.12     Subd. 3.  [STAY.] Except as otherwise provided in this 
 19.13  subdivision or when imprisonment is required under 
 19.14  section 609.109 609.3458, if a person is convicted under 
 19.15  subdivision 1, clause (g), the court may stay imposition or 
 19.16  execution of the sentence if it finds that: 
 19.17     (a) a stay is in the best interest of the complainant or 
 19.18  the family unit; and 
 19.19     (b) a professional assessment indicates that the offender 
 19.20  has been accepted by and can respond to a treatment program. 
 19.21     If the court stays imposition or execution of sentence, it 
 19.22  shall include the following as conditions of probation: 
 19.23     (1) incarceration in a local jail or workhouse; 
 19.24     (2) a requirement that the offender complete a treatment 
 19.25  program; and 
 19.26     (3) a requirement that the offender have no unsupervised 
 19.27  contact with the complainant until the offender has successfully 
 19.28  completed the treatment program unless approved by the treatment 
 19.29  program and the supervising correctional agent.  
 19.30     If a person violates a stay of imposition or execution of 
 19.31  sentence granted under this subdivision, the person shall be 
 19.32  subject to an indeterminate sentence as provided in section 
 19.33  609.3455.  
 19.34     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 19.35  and applies to crimes committed on or after that date. 
 19.36     Sec. 14.  Minnesota Statutes 2004, section 609.344, is 
 20.1   amended to read: 
 20.2      609.344 [CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.] 
 20.3      Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 20.4   sexual penetration with another person is guilty of criminal 
 20.5   sexual conduct in the third degree if any of the following 
 20.6   circumstances exists:  
 20.7      (a) the complainant is under 13 years of age and the actor 
 20.8   is no more than 36 months older than the complainant.  Neither 
 20.9   mistake as to the complainant's age nor consent to the act by 
 20.10  the complainant shall be a defense; 
 20.11     (b) the complainant is at least 13 but less than 16 years 
 20.12  of age and the actor is more than 24 months older than the 
 20.13  complainant.  In any such case it shall be an affirmative 
 20.14  defense, which must be proved by a preponderance of the 
 20.15  evidence, that the actor believes the complainant to be 16 years 
 20.16  of age or older.  If the actor in such a case is no more than 48 
 20.17  months but more than 24 months older than the complainant, the 
 20.18  actor may be sentenced to imprisonment for not more than five 
 20.19  years.  Consent by the complainant is not a defense; 
 20.20     (c) the actor uses force or coercion to accomplish the 
 20.21  penetration; 
 20.22     (d) the actor knows or has reason to know that the 
 20.23  complainant is mentally impaired, mentally incapacitated, or 
 20.24  physically helpless; 
 20.25     (e) the complainant is at least 16 but less than 18 years 
 20.26  of age and the actor is more than 48 months older than the 
 20.27  complainant and in a position of authority over the complainant. 
 20.28  Neither mistake as to the complainant's age nor consent to the 
 20.29  act by the complainant is a defense; 
 20.30     (f) the actor has a significant relationship to the 
 20.31  complainant and the complainant was at least 16 but under 18 
 20.32  years of age at the time of the sexual penetration.  Neither 
 20.33  mistake as to the complainant's age nor consent to the act by 
 20.34  the complainant is a defense; 
 20.35     (g) the actor has a significant relationship to the 
 20.36  complainant, the complainant was at least 16 but under 18 years 
 21.1   of age at the time of the sexual penetration, and: 
 21.2      (i) the actor or an accomplice used force or coercion to 
 21.3   accomplish the penetration; 
 21.4      (ii) the complainant suffered personal injury; or 
 21.5      (iii) the sexual abuse involved multiple acts committed 
 21.6   over an extended period of time.  
 21.7      Neither mistake as to the complainant's age nor consent to 
 21.8   the act by the complainant is a defense; 
 21.9      (h) the actor is a psychotherapist and the complainant is a 
 21.10  patient of the psychotherapist and the sexual penetration 
 21.11  occurred: 
 21.12     (i) during the psychotherapy session; or 
 21.13     (ii) outside the psychotherapy session if an ongoing 
 21.14  psychotherapist-patient relationship exists.  
 21.15     Consent by the complainant is not a defense; 
 21.16     (i) the actor is a psychotherapist and the complainant is a 
 21.17  former patient of the psychotherapist and the former patient is 
 21.18  emotionally dependent upon the psychotherapist; 
 21.19     (j) the actor is a psychotherapist and the complainant is a 
 21.20  patient or former patient and the sexual penetration occurred by 
 21.21  means of therapeutic deception.  Consent by the complainant is 
 21.22  not a defense; 
 21.23     (k) the actor accomplishes the sexual penetration by means 
 21.24  of deception or false representation that the penetration is for 
 21.25  a bona fide medical purpose.  Consent by the complainant is not 
 21.26  a defense; 
 21.27     (1) the actor is or purports to be a member of the clergy, 
 21.28  the complainant is not married to the actor, and: 
 21.29     (i) the sexual penetration occurred during the course of a 
 21.30  meeting in which the complainant sought or received religious or 
 21.31  spiritual advice, aid, or comfort from the actor in private; or 
 21.32     (ii) the sexual penetration occurred during a period of 
 21.33  time in which the complainant was meeting on an ongoing basis 
 21.34  with the actor to seek or receive religious or spiritual advice, 
 21.35  aid, or comfort in private.  Consent by the complainant is not a 
 21.36  defense; 
 22.1      (m) the actor is an employee, independent contractor, or 
 22.2   volunteer of a state, county, city, or privately operated adult 
 22.3   or juvenile correctional system, including, but not limited to, 
 22.4   jails, prisons, detention centers, or work release facilities, 
 22.5   and the complainant is a resident of a facility or under 
 22.6   supervision of the correctional system.  Consent by the 
 22.7   complainant is not a defense; or 
 22.8      (n) the actor provides or is an agent of an entity that 
 22.9   provides special transportation service, the complainant used 
 22.10  the special transportation service, and the sexual penetration 
 22.11  occurred during or immediately before or after the actor 
 22.12  transported the complainant.  Consent by the complainant is not 
 22.13  a defense. 
 22.14     Subd. 2.  [PENALTY.] (a) A person convicted under 
 22.15  subdivision 1 may be sentenced to imprisonment for not more than 
 22.16  15 years or to a payment of a fine of not more than $30,000, or 
 22.17  both life.  The person also may be sentenced to a fine of not 
 22.18  more than $30,000. 
 22.19     (b) If section 609.3455 provides the sentence for a 
 22.20  conviction under this section, the court shall sentence the 
 22.21  person to an indeterminate sentence under section 609.3455.  If 
 22.22  section 609.3455 does not provide the sentence for a conviction 
 22.23  under this section, the court shall sentence the person to the 
 22.24  presumptive sentence under the Sentencing Guidelines for the 
 22.25  offense. 
 22.26     Subd. 3.  [STAY.] Except as otherwise provided in this 
 22.27  subdivision or when imprisonment is required under 
 22.28  section 609.109 609.3458, if a person is convicted under 
 22.29  subdivision 1, clause (f), the court may stay imposition or 
 22.30  execution of the sentence if it finds that: 
 22.31     (a) a stay is in the best interest of the complainant or 
 22.32  the family unit; and 
 22.33     (b) a professional assessment indicates that the offender 
 22.34  has been accepted by and can respond to a treatment program. 
 22.35     If the court stays imposition or execution of sentence, it 
 22.36  shall include the following as conditions of probation: 
 23.1      (1) incarceration in a local jail or workhouse; 
 23.2      (2) a requirement that the offender complete a treatment 
 23.3   program; and 
 23.4      (3) a requirement that the offender have no unsupervised 
 23.5   contact with the complainant until the offender has successfully 
 23.6   completed the treatment program unless approved by the treatment 
 23.7   program and the supervising correctional agent.  
 23.8      If a person violates a stay of imposition or execution of 
 23.9   sentence granted under this subdivision, the person shall be 
 23.10  subject to an indeterminate sentence as provided in section 
 23.11  609.3455.  
 23.12     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 23.13  and applies to crimes committed on or after that date. 
 23.14     Sec. 15.  Minnesota Statutes 2004, section 609.345, is 
 23.15  amended to read: 
 23.16     609.345 [CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.] 
 23.17     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 23.18  sexual contact with another person is guilty of criminal sexual 
 23.19  conduct in the fourth degree if any of the following 
 23.20  circumstances exists: 
 23.21     (a) the complainant is under 13 years of age and the actor 
 23.22  is no more than 36 months older than the complainant.  Neither 
 23.23  mistake as to the complainant's age or consent to the act by the 
 23.24  complainant is a defense.  In a prosecution under this clause, 
 23.25  the state is not required to prove that the sexual contact was 
 23.26  coerced; 
 23.27     (b) the complainant is at least 13 but less than 16 years 
 23.28  of age and the actor is more than 48 months older than the 
 23.29  complainant or in a position of authority over the complainant.  
 23.30  Consent by the complainant to the act is not a defense.  In any 
 23.31  such case, it shall be an affirmative defense which must be 
 23.32  proved by a preponderance of the evidence that the actor 
 23.33  believes the complainant to be 16 years of age or older; 
 23.34     (c) the actor uses force or coercion to accomplish the 
 23.35  sexual contact; 
 23.36     (d) the actor knows or has reason to know that the 
 24.1   complainant is mentally impaired, mentally incapacitated, or 
 24.2   physically helpless; 
 24.3      (e) the complainant is at least 16 but less than 18 years 
 24.4   of age and the actor is more than 48 months older than the 
 24.5   complainant and in a position of authority over the complainant. 
 24.6   Neither mistake as to the complainant's age nor consent to the 
 24.7   act by the complainant is a defense; 
 24.8      (f) the actor has a significant relationship to the 
 24.9   complainant and the complainant was at least 16 but under 18 
 24.10  years of age at the time of the sexual contact.  Neither mistake 
 24.11  as to the complainant's age nor consent to the act by the 
 24.12  complainant is a defense; 
 24.13     (g) the actor has a significant relationship to the 
 24.14  complainant, the complainant was at least 16 but under 18 years 
 24.15  of age at the time of the sexual contact, and: 
 24.16     (i) the actor or an accomplice used force or coercion to 
 24.17  accomplish the contact; 
 24.18     (ii) the complainant suffered personal injury; or 
 24.19     (iii) the sexual abuse involved multiple acts committed 
 24.20  over an extended period of time.  
 24.21     Neither mistake as to the complainant's age nor consent to 
 24.22  the act by the complainant is a defense; 
 24.23     (h) the actor is a psychotherapist and the complainant is a 
 24.24  patient of the psychotherapist and the sexual contact occurred: 
 24.25     (i) during the psychotherapy session; or 
 24.26     (ii) outside the psychotherapy session if an ongoing 
 24.27  psychotherapist-patient relationship exists.  Consent by the 
 24.28  complainant is not a defense; 
 24.29     (i) the actor is a psychotherapist and the complainant is a 
 24.30  former patient of the psychotherapist and the former patient is 
 24.31  emotionally dependent upon the psychotherapist; 
 24.32     (j) the actor is a psychotherapist and the complainant is a 
 24.33  patient or former patient and the sexual contact occurred by 
 24.34  means of therapeutic deception.  Consent by the complainant is 
 24.35  not a defense; 
 24.36     (k) the actor accomplishes the sexual contact by means of 
 25.1   deception or false representation that the contact is for a bona 
 25.2   fide medical purpose.  Consent by the complainant is not a 
 25.3   defense; 
 25.4      (1) the actor is or purports to be a member of the clergy, 
 25.5   the complainant is not married to the actor, and: 
 25.6      (i) the sexual contact occurred during the course of a 
 25.7   meeting in which the complainant sought or received religious or 
 25.8   spiritual advice, aid, or comfort from the actor in private; or 
 25.9      (ii) the sexual contact occurred during a period of time in 
 25.10  which the complainant was meeting on an ongoing basis with the 
 25.11  actor to seek or receive religious or spiritual advice, aid, or 
 25.12  comfort in private.  Consent by the complainant is not a 
 25.13  defense; 
 25.14     (m) the actor is an employee, independent contractor, or 
 25.15  volunteer of a state, county, city, or privately operated adult 
 25.16  or juvenile correctional system, including, but not limited to, 
 25.17  jails, prisons, detention centers, or work release facilities, 
 25.18  and the complainant is a resident of a facility or under 
 25.19  supervision of the correctional system.  Consent by the 
 25.20  complainant is not a defense; or 
 25.21     (n) the actor provides or is an agent of an entity that 
 25.22  provides special transportation service, the complainant used 
 25.23  the special transportation service, the complainant is not 
 25.24  married to the actor, and the sexual contact occurred during or 
 25.25  immediately before or after the actor transported the 
 25.26  complainant.  Consent by the complainant is not a defense. 
 25.27     Subd. 2.  [PENALTY.] (a) A person convicted under 
 25.28  subdivision 1 may be sentenced to imprisonment for not more than 
 25.29  ten years or to a payment of a fine of not more than $20,000, or 
 25.30  both life.  The person also may be sentenced to a fine of not 
 25.31  more than $20,000. 
 25.32     (b) If section 609.3455 provides the sentence for a 
 25.33  conviction under this section, the court shall sentence the 
 25.34  person to an indeterminate sentence under section 609.3455.  If 
 25.35  section 609.3455 does not provide the sentence for a conviction 
 25.36  under this section, the court shall sentence the person to the 
 26.1   presumptive sentence under the Sentencing Guidelines for the 
 26.2   offense. 
 26.3      Subd. 3.  [STAY.] Except as otherwise provided in this 
 26.4   subdivision or when imprisonment is required under 
 26.5   section 609.109 609.3458, if a person is convicted under 
 26.6   subdivision 1, clause (f), the court may stay imposition or 
 26.7   execution of the sentence if it finds that: 
 26.8      (a) a stay is in the best interest of the complainant or 
 26.9   the family unit; and 
 26.10     (b) a professional assessment indicates that the offender 
 26.11  has been accepted by and can respond to a treatment program. 
 26.12     If the court stays imposition or execution of sentence, it 
 26.13  shall include the following as conditions of probation: 
 26.14     (1) incarceration in a local jail or workhouse; 
 26.15     (2) a requirement that the offender complete a treatment 
 26.16  program; and 
 26.17     (3) a requirement that the offender have no unsupervised 
 26.18  contact with the complainant until the offender has successfully 
 26.19  completed the treatment program unless approved by the treatment 
 26.20  program and the supervising correctional agent. 
 26.21     If a person violates a stay of imposition or execution of 
 26.22  sentence granted under this subdivision, the person shall be 
 26.23  subject to an indeterminate sentence as provided in section 
 26.24  609.3455.  
 26.25     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 26.26  and applies to crimes committed on or after that date. 
 26.27     Sec. 16.  Minnesota Statutes 2004, section 609.3452, 
 26.28  subdivision 4, is amended to read: 
 26.29     Subd. 4.  [DEFINITION.] As used in this section, "sex 
 26.30  offense" means a violation of section 609.342; 609.343; 609.344; 
 26.31  609.345; 609.3451; 609.3453; 609.746, subdivision 1; 609.79; or 
 26.32  617.23; or another offense arising out of a charge based on one 
 26.33  or more of those sections. 
 26.34     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 26.35  and applies to crimes committed on or after that date. 
 26.36     Sec. 17.  [609.3453] [CRIMINAL SEXUAL PREDATORY CONDUCT.] 
 27.1      Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
 27.2   criminal sexual predatory conduct if the person commits a 
 27.3   predatory crime and the predatory crime was motivated by the 
 27.4   offender's sexual impulses or was part of a predatory pattern of 
 27.5   behavior that had criminal sexual conduct as its goal. 
 27.6      Subd. 2.  [PENALTY.] (a) A person convicted under 
 27.7   subdivision 1, or for an attempted violation of subdivision 1, 
 27.8   shall be sentenced under section 609.3455.  The person also may 
 27.9   be sentenced to a fine of not more than $30,000.  
 27.10     (b) The minimum term of imprisonment for a conviction under 
 27.11  subdivision 1 is double the minimum term of imprisonment that 
 27.12  would apply to the predatory crime.  The minimum term of 
 27.13  imprisonment for an attempted violation of subdivision 1 is the 
 27.14  minimum term of imprisonment that would apply to the predatory 
 27.15  crime. 
 27.16     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 27.17  and applies to crimes committed on or after that date. 
 27.18     Sec. 18.  [609.3455] [INDETERMINATE SENTENCES FOR SEX 
 27.19  OFFENSES.] 
 27.20     Subdivision 1.  [APPLICABILITY.] (a) This section applies 
 27.21  to an offender convicted of a violation of section 609.3453 or 
 27.22  an attempted violation of section 609.3453.  This section also 
 27.23  applies to an offender convicted of a violation of section 
 27.24  609.342, subdivision 1, clause (a), (b), or (g); 609.343; 
 27.25  609.344; or 609.345 or an attempted violation of section 
 27.26  609.342, subdivision 1, clause (a), (b), or (g); 609.343; 
 27.27  609.344; or 609.345 when: 
 27.28     (1) the Sentencing Guidelines presume an executed sentence 
 27.29  for the offense; 
 27.30     (2) section 609.3458 imposes a mandatory minimum sentence; 
 27.31  or 
 27.32     (3) the Sentencing Guidelines presume a stayed sentence for 
 27.33  the offense and the court departs from the Sentencing Guidelines 
 27.34  and imposes an upward dispositional departure.  This section 
 27.35  also applies to a person who violates a stay of imposition or 
 27.36  execution of sentence under section 609.343, subdivision 3; 
 28.1   609.344, subdivision 3; or 609.345, subdivision 3.  
 28.2      (b) The court shall sentence an offender covered by this 
 28.3   subdivision to a minimum and maximum term of imprisonment, as 
 28.4   specified in subdivision 2. 
 28.5      Subd. 2.  [MINIMUM AND MAXIMUM TERM OF IMPRISONMENT.] (a)  
 28.6   Unless a longer mandatory minimum sentence is otherwise required 
 28.7   by law, the presumptive minimum term of imprisonment for an 
 28.8   offense listed in subdivision 1 is the minimum term of 
 28.9   imprisonment for the offense committed or, in the case of an 
 28.10  upward dispositional departure, the minimum term of imprisonment 
 28.11  is the term of imprisonment specified by the court.  In 
 28.12  sentencing an offender under this section, the court shall 
 28.13  consider whether a longer mandatory minimum sentence is required 
 28.14  under section 609.342, 609.343, 609.3457, or 609.3458.  The 
 28.15  minimum term of imprisonment must be served before the offender 
 28.16  may be granted conditional release under sections 244.0514 and 
 28.17  244.0515. 
 28.18     (b) Prior to the time of sentencing, the prosecutor may 
 28.19  file a motion for a downward durational departure under the 
 28.20  Sentencing Guidelines.  The court may grant this motion if the 
 28.21  court finds substantial and compelling reasons to do so.  In no 
 28.22  case shall the court impose a minimum term of imprisonment that 
 28.23  is less than one year and one day.  A sentence imposed under 
 28.24  this subdivision is a departure from the Sentencing Guidelines. 
 28.25     (c) Notwithstanding any other law to the contrary, the 
 28.26  maximum sentence for an offense listed in subdivision 1 is life. 
 28.27     (d) Notwithstanding section 609.135, the court may not stay 
 28.28  the imposition or execution of the sentence required by this 
 28.29  section.  An offender committed to the custody of the 
 28.30  commissioner of corrections under this section may not be 
 28.31  released from incarceration except as provided in sections 
 28.32  244.05, subdivision 8; 244.0514, subdivision 4; and 244.0515.  
 28.33     Subd. 3.  [CONDITIONAL RELEASE.] A person who is released 
 28.34  from a state correctional facility after receiving a sentence 
 28.35  under this section shall be subject to conditional release for 
 28.36  the remainder of the person's life.  The terms and procedures 
 29.1   related to conditional release are governed by sections 244.05, 
 29.2   244.0514, and 609.3459.  
 29.3      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 29.4   and applies to crimes committed on or after that date. 
 29.5      Sec. 19.  [609.3457] [MANDATORY MINIMUM SENTENCES FOR 
 29.6   CERTAIN DANGEROUS, PATTERNED SEX OFFENDERS; NO PREVIOUS 
 29.7   CONVICTION REQUIRED.] 
 29.8      Subdivision 1.  [MANDATORY INCREASED SENTENCE.] (a) A court 
 29.9   shall commit a person to the commissioner of corrections for a 
 29.10  period of time that is not less than double the presumptive 
 29.11  sentence under the Sentencing Guidelines and not more than the 
 29.12  statutory maximum, or if the statutory maximum is less than 
 29.13  double the presumptive sentence, for a period of time that is 
 29.14  equal to the statutory maximum, if: 
 29.15     (1) the court is imposing an executed sentence on a person 
 29.16  convicted of committing or attempting to commit a violation of 
 29.17  section 609.342, 609.343, 609.344, 609.345, or 609.3453; 
 29.18     (2) the court finds that the offender is a danger to public 
 29.19  safety; and 
 29.20     (3) the court finds that the offender needs long-term 
 29.21  treatment or supervision beyond the presumptive term of 
 29.22  imprisonment and supervised release.  The finding must be based 
 29.23  on a professional assessment by an examiner experienced in 
 29.24  evaluating sex offenders that concludes that the offender is a 
 29.25  patterned sex offender.  The assessment must contain the facts 
 29.26  upon which the conclusion is based, with reference to the 
 29.27  offense history of the offender or the severity of the current 
 29.28  offense, the social history of the offender, and the results of 
 29.29  an examination of the offender's mental status unless the 
 29.30  offender refuses to be examined.  The conclusion may not be 
 29.31  based on testing alone.  A patterned sex offender is one whose 
 29.32  criminal sexual behavior is so engrained that the risk of 
 29.33  reoffending is great without intensive psychotherapeutic 
 29.34  intervention or other long-term controls. 
 29.35     (b) The court shall consider imposing a sentence under this 
 29.36  section whenever a person is convicted of violating section 
 30.1   609.342 or 609.343. 
 30.2      (c) If the court sentences a person under this subdivision 
 30.3   and the person is subject to indeterminate sentencing under 
 30.4   section 609.3455, the minimum term of imprisonment shall be 
 30.5   two-thirds of the minimum sentence specified in this 
 30.6   subdivision, plus disciplinary time, unless a longer minimum 
 30.7   term of imprisonment is otherwise required for the offense.  The 
 30.8   maximum term of imprisonment shall be as provided in section 
 30.9   609.3455. 
 30.10     Subd. 2.  [DANGER TO PUBLIC SAFETY.] The court shall base 
 30.11  its finding that the offender is a danger to public safety on 
 30.12  any of the following factors: 
 30.13     (1) the crime involved an aggravating factor that would 
 30.14  justify a durational departure from the presumptive sentence 
 30.15  under the Sentencing Guidelines; or 
 30.16     (2) the offender previously committed or attempted to 
 30.17  commit a predatory crime or a violation of section 609.224 or 
 30.18  609.2242, including: 
 30.19     (i) an offense committed as a juvenile that would have been 
 30.20  a predatory crime or a violation of section 609.224 or 609.2242 
 30.21  if committed by an adult; or 
 30.22     (ii) a violation or attempted violation of a similar law of 
 30.23  any other state or the United States; or 
 30.24     (3) the offender planned for or prepared for the crime 
 30.25  prior to its commission. 
 30.26     Subd. 3.  [DEPARTURE FROM GUIDELINES.] A sentence imposed 
 30.27  under subdivision 1 is a departure from the Sentencing 
 30.28  Guidelines. 
 30.29     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 30.30  and applies to crimes committed on or after that date. 
 30.31     Sec. 20.  [609.3458] [MANDATORY MINIMUM SENTENCES FOR 
 30.32  REPEAT OR AGGRAVATED SEX OFFENSES.] 
 30.33     Subdivision 1.  [DEFINITION; CONVICTION OF OFFENSE.] For 
 30.34  purposes of this section, "offense" means a completed offense or 
 30.35  an attempt to commit an offense. 
 30.36     Subd. 2.  [PRESUMPTIVE EXECUTED SENTENCE.] (a) Except as 
 31.1   provided in subdivision 3, if a person is convicted under 
 31.2   section 609.342, 609.343, 609.344, or 609.345 and has a previous 
 31.3   sex offense conviction, the court shall commit the defendant to 
 31.4   the commissioner of corrections for a minimum sentence of not 
 31.5   less than three years.  Except as provided in subdivision 3, if 
 31.6   a person is convicted under section 609.342, 609.343, 609.344, 
 31.7   or 609.345 within five years of discharge from sentence for a 
 31.8   previous sex offense conviction, the court shall commit the 
 31.9   defendant to the commissioner of corrections for a minimum 
 31.10  sentence of not less than five years.  The court may stay the 
 31.11  execution of the sentence imposed under this subdivision only if:
 31.12     (1) the offense is not governed by an indeterminate 
 31.13  sentence under section 609.3455; and 
 31.14     (2) it finds that a professional assessment indicates the 
 31.15  offender is accepted by and can respond to treatment at a 
 31.16  long-term inpatient program exclusively treating sex offenders 
 31.17  and approved by the commissioner of corrections.  If the court 
 31.18  stays the execution of a sentence, it shall include the 
 31.19  following as conditions of probation: 
 31.20     (i) incarceration in a local jail or workhouse; and 
 31.21     (ii) a requirement that the offender successfully complete 
 31.22  the treatment program and aftercare as directed by the court. 
 31.23     (b) If the court sentences a person under this subdivision 
 31.24  and the person is subject to indeterminate sentencing under 
 31.25  section 609.3455, the minimum term of imprisonment shall be 
 31.26  two-thirds of the minimum sentence specified in this 
 31.27  subdivision, plus disciplinary time, unless a longer minimum 
 31.28  term of imprisonment is otherwise required for the offense.  The 
 31.29  maximum term of imprisonment is life.  
 31.30     Subd. 3.  [MANDATORY LIFE SENTENCE.] (a) The court shall 
 31.31  sentence a person to imprisonment for life if: 
 31.32     (1) the person is convicted under section 609.342; and 
 31.33     (2) the court determines on the record at the time of 
 31.34  sentencing that any of the following circumstances exists: 
 31.35     (i) the person has previously been sentenced under section 
 31.36  609.1095; 
 32.1      (ii) the person has one previous sex offense conviction for 
 32.2   a violation of section 609.342, 609.343, or 609.344 that 
 32.3   occurred before August 1, 1989, for which the person was 
 32.4   sentenced to prison in an upward durational departure from the 
 32.5   Sentencing Guidelines that resulted in a sentence at least twice 
 32.6   as long as the presumptive sentence; or 
 32.7      (iii) the person has two previous sex offense convictions 
 32.8   under section 609.342, 609.343, or 609.344. 
 32.9      (b) Notwithstanding subdivision 2 and section 609.342, 
 32.10  subdivision 3, the court may not stay imposition of the sentence 
 32.11  required by this subdivision. 
 32.12     Subd. 4.  [MANDATORY MINIMUM 30-YEAR SENTENCE.] (a) The 
 32.13  court shall commit a person to the commissioner of corrections 
 32.14  for a minimum sentence of not less than 30 years if: 
 32.15     (1) the person is convicted under section 609.342, 
 32.16  subdivision 1, clause (c), (d), (e), or (f), or 609.343, 
 32.17  subdivision 1, clause (c), (d), (e), or (f); and 
 32.18     (2) the court determines on the record at the time of 
 32.19  sentencing that: 
 32.20     (i) the crime involved an aggravating factor that would 
 32.21  provide grounds for an upward departure under the Sentencing 
 32.22  Guidelines other than the aggravating factor applicable to 
 32.23  repeat criminal sexual conduct convictions; and 
 32.24     (ii) the person has a previous sex offense conviction under 
 32.25  section 609.342, 609.343, or 609.344. 
 32.26     (b) Notwithstanding subdivision 2 and sections 609.342, 
 32.27  subdivision 3, or 609.343, subdivision 3, the court may not stay 
 32.28  imposition or execution of the sentence required by this 
 32.29  subdivision. 
 32.30     (c) If the court sentences a person under this subdivision 
 32.31  and the person is subject to indeterminate sentencing under 
 32.32  section 609.3455, the minimum term of imprisonment shall be 
 32.33  two-thirds of the minimum sentence specified in this 
 32.34  subdivision, plus disciplinary time, unless a longer minimum 
 32.35  term of imprisonment is otherwise required for the offense.  The 
 32.36  maximum term of imprisonment is life.  
 33.1      Subd. 5.  [PREVIOUS SEX OFFENSE CONVICTIONS.] For the 
 33.2   purposes of this section, a conviction is considered a previous 
 33.3   sex offense conviction if the person was convicted of a sex 
 33.4   offense before the commission of the present offense of 
 33.5   conviction.  A person has two previous sex offense convictions 
 33.6   only if the person was convicted and sentenced for a sex offense 
 33.7   committed after the person was earlier convicted and sentenced 
 33.8   for a sex offense, and both convictions preceded the commission 
 33.9   of the present offense of conviction.  A "sex offense" is a 
 33.10  violation of sections 609.342 to 609.345 or any similar statute 
 33.11  of the United States, this state, or any other state. 
 33.12     Subd. 6.  [MANDATORY MINIMUM DEPARTURE FOR SEX OFFENDERS.] 
 33.13  (a) The court shall sentence a person to at least twice the 
 33.14  presumptive sentence recommended by the Sentencing Guidelines if:
 33.15     (1) the person is convicted under section 609.342, 
 33.16  subdivision 1, clause (c), (d), (e), or (f), 609.343, 
 33.17  subdivision 1, clause (c), (d), (e), or (f); or 609.344, 
 33.18  subdivision 1, clause (c) or (d); and 
 33.19     (2) the court determines on the record at the time of 
 33.20  sentencing that the crime involved an aggravating factor that 
 33.21  would provide grounds for an upward departure under the 
 33.22  Sentencing Guidelines. 
 33.23     (b) If the court sentences a person under this subdivision 
 33.24  and the person is subject to indeterminate sentencing under 
 33.25  section 609.3455, the minimum term of imprisonment shall be 
 33.26  two-thirds of the minimum sentence specified in this 
 33.27  subdivision, plus disciplinary time, unless a longer minimum 
 33.28  term of imprisonment is otherwise required for the offense.  The 
 33.29  maximum term of imprisonment is life.  
 33.30     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 33.31  and applies to crimes committed on or after that date. 
 33.32     Sec. 21.  [609.3459] [CONDITIONAL RELEASE FOR SEX 
 33.33  OFFENDERS.] 
 33.34     Subdivision 1.  [APPLICABILITY.] This section applies to a 
 33.35  person who commits a sex offense. 
 33.36     Subd. 2.  [LENGTH OF CONDITIONAL RELEASE SENTENCE.] (a) 
 34.1   Notwithstanding the statutory maximum sentence otherwise 
 34.2   applicable to the offense or any provision of the Sentencing 
 34.3   Guidelines, when a court sentences a person to the custody of 
 34.4   the commissioner of corrections for a violation or attempted 
 34.5   violation of section 609.342, 609.343, 609.344, 609.345, or 
 34.6   609.3453, the court shall provide that, upon the person's 
 34.7   release from a state correctional facility, the commissioner of 
 34.8   corrections shall place the person on conditional release. 
 34.9      (b) If the person was convicted for a violation or 
 34.10  attempted violation of section 609.343, 609.344, or 609.345 and 
 34.11  was not sentenced under section 609.3455, the person shall be 
 34.12  placed on conditional release for five years, minus the time the 
 34.13  person served on supervised release. 
 34.14     (c) If the person was convicted for a violation or 
 34.15  attempted violation of section 609.343, 609.344, or 609.345 
 34.16  after a previous sex offense conviction as defined in section 
 34.17  609.3458, subdivision 5, or was sentenced to a mandatory 
 34.18  departure under section 609.3458, subdivision 6, the person 
 34.19  shall be placed on conditional release for ten years, minus the 
 34.20  time the person served on supervised release, unless the person 
 34.21  was sentenced under section 609.3455. 
 34.22     (d) If the person was convicted for a sex offense and 
 34.23  sentenced under section 609.3455, the person shall be subject to 
 34.24  an indeterminate sentence and, if released from a correctional 
 34.25  facility under sections 244.0514 and 244.0515, the person shall 
 34.26  be placed on conditional release for the remainder of the 
 34.27  person's life. 
 34.28     Subd. 3.  [TERMS OF CONDITIONAL RELEASE.] (a) The 
 34.29  conditions of release may include successful completion of 
 34.30  treatment and aftercare in a program approved by the 
 34.31  commissioner, satisfaction of the release conditions specified 
 34.32  in section 244.05, subdivision 6, and any other conditions the 
 34.33  commissioner considers appropriate.  Before the offender is 
 34.34  released, the commissioner shall notify the sentencing court, 
 34.35  the prosecutor in the jurisdiction where the offender was 
 34.36  sentenced, and the victim of the offender's crime, whenever 
 35.1   possible, of the terms of the offender's conditional release.  
 35.2   If the offender fails to meet any condition of release, the 
 35.3   commissioner may revoke the offender's conditional release and 
 35.4   order that the offender serve the remaining portion of the 
 35.5   conditional release term in prison.  For offenders subject to a 
 35.6   five- or ten-year conditional release period, the commissioner 
 35.7   shall not dismiss the offender from supervision before the 
 35.8   conditional release term expires.  For offenders subject to 
 35.9   conditional release for life, the commissioner shall not dismiss 
 35.10  the offender from supervision.  
 35.11     (b) Conditional release under this section is governed by 
 35.12  provisions relating to supervised release, except as otherwise 
 35.13  provided in this section or section 244.04, subdivision 1, or 
 35.14  244.05.  Conditional release under this section also is governed 
 35.15  by section 244.0514.  
 35.16     (c) The commissioner shall develop a plan to pay the cost 
 35.17  of treatment of a person released under this subdivision.  The 
 35.18  plan may include various means of paying for this treatment, 
 35.19  including co-payments from offenders, payment or reimbursement 
 35.20  from third parties, payments from local agencies, and funding 
 35.21  from other sources, as these sources are identified.  This 
 35.22  section does not require the commissioner to accept or retain an 
 35.23  offender in a treatment program. 
 35.24     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 35.25  and applies to crimes committed on or after that date. 
 35.26     Sec. 22.  [INSTRUCTION TO SENTENCING GUIDELINES 
 35.27  COMMISSION.] 
 35.28     The Minnesota Sentencing Guidelines Commission is directed 
 35.29  to review the new and increased penalties for various crimes in 
 35.30  this act to ensure the presumptive sentences under the 
 35.31  Sentencing Guidelines reflect the legislature's assessment of 
 35.32  the severity of these crimes.  In those situations where the 
 35.33  Sentencing Guidelines do not reflect the legislature's 
 35.34  assessment of the severity of these crimes, the commission shall 
 35.35  increase the level at which various crimes are ranked and set 
 35.36  new presumptive sentences for these crimes, if necessary. 
 36.1      [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 36.2      Sec. 23.  [REPEALER.] 
 36.3      Minnesota Statutes 2004, sections 609.108 and 609.109, are 
 36.4   repealed.  The revisor shall include a note accompanying the 
 36.5   repeal to inform the reader that these statutes have been 
 36.6   amended and recodified, from sections 609.108 and 609.109 to 
 36.7   sections 609.3457 and 609.3458, respectively. 
 36.8      [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 36.9                              ARTICLE 2
 36.10                MINNESOTA SEX OFFENDER REVIEW BOARD
 36.11     Section 1.  Minnesota Statutes 2004, section 13.851, is 
 36.12  amended by adding a subdivision to read: 
 36.13     Subd. 9.  [PREDATORY OFFENDERS; MINNESOTA SEX OFFENDER 
 36.14  REVIEW BOARD.] Certain data classified under this chapter are 
 36.15  made accessible to the Minnesota Sex Offender Review Board under 
 36.16  section 244.0515. 
 36.17     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 36.18     Sec. 2.  Minnesota Statutes 2004, section 13D.01, 
 36.19  subdivision 2, is amended to read: 
 36.20     Subd. 2.  [EXCEPTIONS.] This chapter does not apply: 
 36.21     (1) to meetings of the commissioner of corrections; 
 36.22     (2) to meetings of the Minnesota Sex Offender Review Board 
 36.23  under section 244.0515; 
 36.24     (3) to a state agency, board, or commission when it is 
 36.25  exercising quasi-judicial functions involving disciplinary 
 36.26  proceedings; or 
 36.27     (3) (4) as otherwise expressly provided by statute. 
 36.28     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 36.29     Sec. 3.  [244.0515] [MINNESOTA SEX OFFENDER REVIEW BOARD.] 
 36.30     Subdivision 1.  [DEFINITIONS.] For the purpose of this 
 36.31  section, the following terms have the meanings given them. 
 36.32     (a) "Board" means the Minnesota Sex Offender Review Board 
 36.33  established under subdivision 2. 
 36.34     (b) "End-of-confinement review committee" means the 
 36.35  committee described in section 244.052, subdivision 3. 
 36.36     (c) "Victim" means an individual who suffered harm as a 
 37.1   result of the inmate's crime or, if the individual is deceased, 
 37.2   the deceased's surviving spouse or next of kin.  
 37.3      Subd. 2.  [BOARD; ESTABLISHMENT.] The Minnesota Sex 
 37.4   Offender Review Board is established which shall be comprised of 
 37.5   five members.  The board shall be governed by section 15.0575, 
 37.6   except as otherwise provided by this section.  
 37.7      Subd. 3.  [MEMBERS.] The Minnesota Sex Offender Review 
 37.8   Board shall consist of the following:  
 37.9      (1) the commissioner of corrections or a designee appointed 
 37.10  by the commissioner; 
 37.11     (2) the commissioner of human services or a designee 
 37.12  appointed by the commissioner; 
 37.13     (3) a retired judge appointed by the governor; 
 37.14     (4) a treatment professional, not employed by the 
 37.15  Department of Corrections or the Department of Human Services, 
 37.16  trained in the assessment of sex offenders and appointed by the 
 37.17  governor; and 
 37.18     (5) one public member appointed by the governor.  
 37.19     When an appointing authority selects individuals for 
 37.20  membership on the board, the authority shall make reasonable 
 37.21  efforts to appoint qualified members of protected groups, as 
 37.22  defined in section 43A.02, subdivision 33.  
 37.23     One of the members shall be designated by the governor as 
 37.24  chair of the board.  
 37.25     Subd. 4.  [APPOINTMENT TERMS.] Each appointed member shall 
 37.26  be appointed for four years and shall continue to serve during 
 37.27  that time as long as the member occupies the position that made 
 37.28  the member eligible for the appointment.  However, a designee of 
 37.29  the commissioner of corrections or a designee of the 
 37.30  commissioner of human services serves at the pleasure of the 
 37.31  appointing commissioner.  Each member shall continue in office 
 37.32  until a successor is duly appointed.  Members shall be eligible 
 37.33  for reappointment and the appointment may be made to fill an 
 37.34  unexpired term.  The members of the board shall elect any 
 37.35  additional officers necessary for the efficient discharge of 
 37.36  their duties. 
 38.1      Subd. 5.  [RESPONSIBILITIES.] (a) The board is responsible 
 38.2   for making decisions regarding the release of inmates sentenced 
 38.3   under sections 609.3455 and 609.3458, subdivision 3.  The board 
 38.4   shall hold a hearing to consider the release of an inmate at 
 38.5   least 90 days before the inmate is first eligible for release.  
 38.6   The board also shall hold a hearing when the inmate petitions 
 38.7   for release from imprisonment, as provided in subdivision 6. 
 38.8      (b) When determining whether to grant conditional release 
 38.9   to an inmate serving a life sentence under section 609.3455, the 
 38.10  board shall consider: 
 38.11     (1) the risk assessment report prepared under section 
 38.12  244.052 and any and all information the end-of-confinement 
 38.13  review committee reviewed in making its risk assessment; 
 38.14     (2) the community investigation report prepared under 
 38.15  section 244.05, subdivision 5, and any and all information 
 38.16  gathered for use in compiling that report; 
 38.17     (3) the inmate's criminal offense history; 
 38.18     (4) the inmate's behavior while incarcerated; 
 38.19     (5) the inmate's participation in, and completion of, 
 38.20  appropriate treatment; 
 38.21     (6) the inmate's need for additional treatment, training, 
 38.22  or supervision; 
 38.23     (7) the danger the inmate poses to the public if released; 
 38.24  and 
 38.25     (8) any other information the board deems relevant.  
 38.26     (c) The board shall have access to the following data on an 
 38.27  inmate only for purposes of making the conditional release 
 38.28  decision: 
 38.29     (1) private medical data under section 13.384 or 144.335, 
 38.30  or welfare data under section 13.46 that relate to medical 
 38.31  treatment of the inmate; 
 38.32     (2) private and confidential court services data under 
 38.33  section 13.84; 
 38.34     (3) private and confidential corrections data under section 
 38.35  13.85; 
 38.36     (4) private criminal history data under section 13.87; 
 39.1      (5) the community investigation report prepared under 
 39.2   section 244.05, subdivision 5, and any information gathered for 
 39.3   use in compiling the report; and 
 39.4      (6) the risk assessment report prepared under section 
 39.5   244.052, subdivision 5, and any information used to make the 
 39.6   risk assessment. 
 39.7      Data collected and maintained by the board under this 
 39.8   paragraph may not be disclosed outside the board, except as 
 39.9   provided under section 13.05, subdivision 3 or 4.  The inmate 
 39.10  has access to data on the inmate collected and maintained by the 
 39.11  board, unless the data are confidential data received under this 
 39.12  paragraph. 
 39.13     (d) The board must make a decision regarding whether or not 
 39.14  to grant conditional release within 14 days of the hearing.  If 
 39.15  the board decides not to grant conditional release to an inmate, 
 39.16  the board must specify in writing the reasons for its decision. 
 39.17  The board may identify in writing conditions the offender must 
 39.18  meet in order to file a petition with the board for release.  
 39.19  The board also may inform the inmate in writing that the inmate 
 39.20  may petition for release earlier than the time designated in 
 39.21  subdivision 6. 
 39.22     (e) If the board grants conditional release to the inmate 
 39.23  at the inmate's first hearing before the board, the commissioner 
 39.24  of corrections must release the individual at the time the 
 39.25  inmate is first eligible for release.  If the board subsequently 
 39.26  grants conditional release to the inmate, the commissioner of 
 39.27  corrections must release the individual 90 days from the date of 
 39.28  the board's decision.  If the inmate's scheduled release date 
 39.29  falls on a Friday, Saturday, Sunday, or holiday, the inmate's 
 39.30  conditional release term shall begin as specified in section 
 39.31  244.05, subdivision 1a. 
 39.32     Subd. 6.  [PETITION FOR RELEASE.] (a) An inmate who has 
 39.33  served the minimum term of imprisonment is eligible to petition 
 39.34  the board for release. 
 39.35     (b) Except as provided in paragraph (c), the inmate may not 
 39.36  petition the board for release until two years have passed since 
 40.1   the board last issued a written decision denying release to the 
 40.2   inmate, or until the inmate satisfies all conditions set by the 
 40.3   board when it previously denied release, whichever is later.  
 40.4      (c) An inmate who is released by the board and is 
 40.5   subsequently reincarcerated under section 244.05, subdivision 3, 
 40.6   for a violation of the conditions of the offender's release, may 
 40.7   not petition for release until two years have passed since the 
 40.8   offender was first reincarcerated, unless the commissioner, upon 
 40.9   revoking the person's release, specifies in writing that the 
 40.10  offender may petition the board for release before that time. 
 40.11     (d) An inmate may petition the board at an earlier time 
 40.12  than allowed under paragraph (b) or (c) if the board authorizes 
 40.13  an earlier petition under subdivision 5. 
 40.14     Subd. 7.  [RELEASE HEARING.] (a) Within 45 days of the time 
 40.15  the board first considers an inmate's eligibility for release, 
 40.16  or within 45 days of the time the inmate files a petition for 
 40.17  release, the commissioner of corrections shall give written 
 40.18  notice of the time and place of the hearing before the board to 
 40.19  all interested parties, including the petitioner, the sentencing 
 40.20  court, the county attorney's office involved in prosecuting the 
 40.21  case, and the victim. 
 40.22     (b) The victim has a right to submit an oral or written 
 40.23  statement to the board at the hearing.  The statement may 
 40.24  summarize the harm suffered by the victim as a result of the 
 40.25  crime and give the victim's recommendation on whether the inmate 
 40.26  should be given conditional release.  The board must consider 
 40.27  the victim's statement when making the conditional release 
 40.28  decision. 
 40.29     (c) The hearing must be held on the record.  Upon approval 
 40.30  of the board, the petitioner may subpoena witnesses to appear at 
 40.31  the hearing. 
 40.32     Subd. 8.  [ADMINISTRATIVE SERVICES.] The commissioner of 
 40.33  corrections shall provide adequate office space and 
 40.34  administrative services for the board.  The board may utilize 
 40.35  the services, equipment, personnel, information, and resources 
 40.36  of other state agencies with their consent.  The board may 
 41.1   accept voluntary and uncompensated services; contract with 
 41.2   individuals and public and private agencies; and request 
 41.3   information, reports, and data from any agency of the state, or 
 41.4   any of its political subdivisions, to the extent authorized by 
 41.5   law.  
 41.6      Subd. 9.  [ADMINISTRATOR.] The board may select and employ 
 41.7   an administrator who shall perform the duties the board directs, 
 41.8   including the hiring of any clerical help and other employees as 
 41.9   the board may approve.  The administrator and other staff shall 
 41.10  be in the unclassified service of the state and their 
 41.11  compensation shall be established pursuant to chapter 43A.  They 
 41.12  shall be reimbursed for the expenses necessarily incurred in the 
 41.13  performance of their official duties in the same manner as other 
 41.14  state employees. 
 41.15     Subd. 10.  [EXEMPTION FROM CHAPTER 14.] (a) For the 
 41.16  purposes of this section and except as provided in paragraph 
 41.17  (b), the Minnesota Sex Offender Review Board and the 
 41.18  commissioner of corrections are not subject to chapter 14, 
 41.19  including section 14.386. 
 41.20     (b) The Minnesota Sex Offender Review Board and the 
 41.21  commissioner of corrections may adopt rules under section 14.389 
 41.22  when proceeding under this section, section 244.0514, or section 
 41.23  609.3459. 
 41.24     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 41.25     Sec. 4.  [DIRECTION TO COMMISSIONER OF CORRECTIONS.] 
 41.26     (a) The commissioner of corrections shall establish 
 41.27  criteria and procedures for the Minnesota Sex Offender Review 
 41.28  Board, established under Minnesota Statutes, section 244.0515, 
 41.29  to use in making release and revocation decisions on offenders 
 41.30  sentenced under Minnesota Statutes, sections 609.3455 and 
 41.31  609.3458, subdivision 3.  In establishing criteria and 
 41.32  procedures, the commissioner of corrections shall seek the input 
 41.33  of the end-of-confinement review committee at each state 
 41.34  correctional facility and at each state treatment facility where 
 41.35  predatory offenders are confined.  The commissioner also shall 
 41.36  seek input from individuals knowledgeable in health and human 
 42.1   services; public safety; Minnesota's sex offender treatment 
 42.2   program; treatment of sex offenders; crime victim issues; 
 42.3   criminal law; sentencing guidelines; law enforcement; and 
 42.4   probation, supervised release, and conditional release.  
 42.5      (b) The commissioner of corrections shall establish 
 42.6   criteria and procedures to govern the review and release of sex 
 42.7   offenders subject to indeterminate sentences by November 15, 
 42.8   2004.  These criteria and procedures will become effective on 
 42.9   June 1, 2006, unless the legislature takes action before that 
 42.10  time to modify or reject the criteria and procedures. 
 42.11     (c) By November 15, 2005, the commissioner of corrections 
 42.12  shall provide the legislature with a written report containing 
 42.13  the criteria and procedures the commissioner proposes the 
 42.14  Minnesota Sex Offender Review Board use in deciding whether to 
 42.15  release a sex offender subject to an indeterminate sentence.  
 42.16  This report also shall include a summary of the input gathered 
 42.17  under paragraph (a).  
 42.18     [EFFECTIVE DATE.] This section is effective the day 
 42.19  following final enactment. 
 42.20                             ARTICLE 3
 42.21           SEX OFFENDER TECHNICAL AND CONFORMING CHANGES
 42.22     Section 1.  Minnesota Statutes 2004, section 241.67, 
 42.23  subdivision 3, is amended to read: 
 42.24     Subd. 3.  [PROGRAMS FOR ADULT OFFENDERS COMMITTED TO THE 
 42.25  COMMISSIONER.] (a) The commissioner shall provide for a range of 
 42.26  sex offender programs, including intensive sex offender 
 42.27  programs, within the state adult correctional facility system.  
 42.28  Participation in any program is subject to the rules and 
 42.29  regulations of the Department of Corrections.  Nothing in this 
 42.30  section requires the commissioner to accept or retain an 
 42.31  offender in a program if the offender is determined by prison 
 42.32  professionals as unamenable to programming within the prison 
 42.33  system or if the offender refuses or fails to comply with the 
 42.34  program's requirements.  Nothing in this section creates a right 
 42.35  of an offender to treatment.  
 42.36     (b) The commissioner shall provide for residential and 
 43.1   outpatient sex offender programming and aftercare when required 
 43.2   for conditional release under section 609.108 609.3459 or as a 
 43.3   condition of supervised release. 
 43.4      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 43.5   and applies to crimes committed on or after that date. 
 43.6      Sec. 2.  Minnesota Statutes 2004, section 243.166, 
 43.7   subdivision 1, is amended to read: 
 43.8      Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
 43.9   register under this section if:  
 43.10     (1) the person was charged with or petitioned for a felony 
 43.11  violation of or attempt to violate any of the following, and 
 43.12  convicted of or adjudicated delinquent for that offense or 
 43.13  another offense arising out of the same set of circumstances: 
 43.14     (i) murder under section 609.185, clause (2); or 
 43.15     (ii) kidnapping under section 609.25; or 
 43.16     (iii) criminal sexual conduct under section 609.342; 
 43.17  609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
 43.18     (iv) indecent exposure under section 617.23, subdivision 3; 
 43.19  or 
 43.20     (2) the person was charged with or petitioned for falsely 
 43.21  imprisoning a minor in violation of section 609.255, subdivision 
 43.22  2; soliciting a minor to engage in prostitution in violation of 
 43.23  section 609.322 or 609.324; soliciting a minor to engage in 
 43.24  sexual conduct in violation of section 609.352; using a minor in 
 43.25  a sexual performance in violation of section 617.246; or 
 43.26  possessing pornographic work involving a minor in violation of 
 43.27  section 617.247, and convicted of or adjudicated delinquent for 
 43.28  that offense or another offense arising out of the same set of 
 43.29  circumstances; or 
 43.30     (3) the person was convicted of a predatory crime as 
 43.31  defined in section 609.108 609.341, subdivision 25, and the 
 43.32  offender was sentenced as a patterned sex offender or the court 
 43.33  found on its own motion or that of the prosecutor that the crime 
 43.34  was part of a predatory pattern of behavior that had criminal 
 43.35  sexual conduct as its goal under section 609.3455; or 
 43.36     (4) the person was convicted of or adjudicated delinquent 
 44.1   for, including pursuant to a court martial, violating a law of 
 44.2   the United States, including the Uniform Code of Military 
 44.3   Justice, similar to the offenses described in clause (1), (2), 
 44.4   or (3). 
 44.5      (b) A person also shall register under this section if: 
 44.6      (1) the person was convicted of or adjudicated delinquent 
 44.7   in another state for an offense that would be a violation of a 
 44.8   law described in paragraph (a) if committed in this state; 
 44.9      (2) the person enters the state to reside, or to work or 
 44.10  attend school; and 
 44.11     (3) ten years have not elapsed since the person was 
 44.12  released from confinement or, if the person was not confined, 
 44.13  since the person was convicted of or adjudicated delinquent for 
 44.14  the offense that triggers registration, unless the person is 
 44.15  subject to lifetime registration, in which case the person must 
 44.16  register for life regardless of when the person was released 
 44.17  from confinement, convicted, or adjudicated delinquent. 
 44.18  For purposes of this paragraph: 
 44.19     (i) "school" includes any public or private educational 
 44.20  institution, including any secondary school, trade or 
 44.21  professional institution, or institution of higher education, 
 44.22  that the person is enrolled in on a full-time or part-time 
 44.23  basis; and 
 44.24     (ii) "work" includes employment that is full time or part 
 44.25  time for a period of time exceeding 14 days or for an aggregate 
 44.26  period of time exceeding 30 days during any calendar year, 
 44.27  whether financially compensated, volunteered, or for the purpose 
 44.28  of government or educational benefit. 
 44.29     (c) A person also shall register under this section if the 
 44.30  person was committed pursuant to a court commitment order under 
 44.31  section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
 44.32  a similar law of another state or the United States, regardless 
 44.33  of whether the person was convicted of any offense. 
 44.34     (d) A person also shall register under this section if: 
 44.35     (1) the person was charged with or petitioned for a felony 
 44.36  violation or attempt to violate any of the offenses listed in 
 45.1   paragraph (a), clause (1), or a similar law of another state or 
 45.2   the United States, or the person was charged with or petitioned 
 45.3   for a violation of any of the offenses listed in paragraph (a), 
 45.4   clause (2), or a similar law of another state or the United 
 45.5   States; 
 45.6      (2) the person was found not guilty by reason of mental 
 45.7   illness or mental deficiency after a trial for that offense, or 
 45.8   found guilty but mentally ill after a trial for that offense, in 
 45.9   states with a guilty but mentally ill verdict; and 
 45.10     (3) the person was committed pursuant to a court commitment 
 45.11  order under section 253B.18 or a similar law of another state or 
 45.12  the United States. 
 45.13     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 45.14  and applies to crimes committed on or after that date. 
 45.15     Sec. 3.  Minnesota Statutes 2004, section 244.05, 
 45.16  subdivision 1, is amended to read: 
 45.17     Subdivision 1.  [SUPERVISED RELEASE REQUIRED.] Except as 
 45.18  provided in subdivisions 1b, 4, and 5, and section 244.0514, 
 45.19  every inmate shall serve a supervised release term upon 
 45.20  completion of the inmate's term of imprisonment as reduced by 
 45.21  any good time earned by the inmate or extended by confinement in 
 45.22  punitive segregation pursuant to section 244.04, subdivision 2.  
 45.23  Except for a sex offender conditionally released under section 
 45.24  609.108, subdivision 5, the supervised release term shall be 
 45.25  equal to the period of good time the inmate has earned, and 
 45.26  shall not exceed the length of time remaining in the inmate's 
 45.27  sentence. 
 45.28     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 45.29  and applies to crimes committed on or after that date. 
 45.30     Sec. 4.  Minnesota Statutes 2004, section 244.05, 
 45.31  subdivision 3, is amended to read: 
 45.32     Subd. 3.  [SANCTIONS FOR VIOLATION.] If an inmate violates 
 45.33  the conditions of the inmate's supervised release imposed by the 
 45.34  commissioner, the commissioner may: 
 45.35     (1) continue the inmate's supervised release term, with or 
 45.36  without modifying or enlarging the conditions imposed on the 
 46.1   inmate; or 
 46.2      (2) revoke the inmate's supervised release and reimprison 
 46.3   the inmate for the appropriate period of time. 
 46.4      The period of time for which a supervised release may be 
 46.5   revoked may not exceed the period of time remaining in the 
 46.6   inmate's sentence, except that if a sex offender is sentenced 
 46.7   and conditionally released under section 609.108, subdivision 
 46.8   5 609.3455, the period of time for which conditional release may 
 46.9   be revoked may not exceed the balance of the conditional release 
 46.10  term. 
 46.11     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 46.12  and applies to crimes committed on or after that date. 
 46.13     Sec. 5.  Minnesota Statutes 2004, section 244.05, 
 46.14  subdivision 4, is amended to read: 
 46.15     Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
 46.16  serving a mandatory life sentence under section 609.106 must not 
 46.17  be given supervised release under this section.  An inmate 
 46.18  serving a mandatory life sentence under section 609.185, clause 
 46.19  (1), (3), (5), or (6); or 609.109, subdivision 2a, must not be 
 46.20  given supervised release under this section without having 
 46.21  served a minimum term of 30 years.  An inmate serving a 
 46.22  mandatory life sentence under section 609.385 must not be given 
 46.23  supervised release under this section without having served a 
 46.24  minimum term of imprisonment of 17 years. 
 46.25     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 46.26  and applies to crimes committed on or after that date. 
 46.27     Sec. 6.  Minnesota Statutes 2004, section 244.05, 
 46.28  subdivision 6, is amended to read: 
 46.29     Subd. 6.  [INTENSIVE SUPERVISED RELEASE.] The commissioner 
 46.30  may order that an inmate be placed on intensive supervised 
 46.31  release for all or part of the inmate's supervised release or 
 46.32  parole term if the commissioner determines that the action will 
 46.33  further the goals described in section 244.14, subdivision 1, 
 46.34  clauses (2), (3), and (4).  In addition, the commissioner may 
 46.35  order that an inmate be placed on intensive supervised release 
 46.36  for all of the inmate's conditional or supervised release term 
 47.1   if the inmate was convicted of a sex offense under sections 
 47.2   609.342 to 609.345 or was sentenced under the provisions of 
 47.3   section 609.108 609.3453.  The commissioner may impose 
 47.4   appropriate conditions of release on the inmate including but 
 47.5   not limited to unannounced searches of the inmate's person, 
 47.6   vehicle, or premises by an intensive supervision agent; 
 47.7   compliance with court-ordered restitution, if any; random drug 
 47.8   testing; house arrest; daily curfews; frequent face-to-face 
 47.9   contacts with an assigned intensive supervision agent; work, 
 47.10  education, or treatment requirements; and electronic 
 47.11  surveillance.  In addition, any sex offender placed on intensive 
 47.12  supervised release may be ordered to participate in an 
 47.13  appropriate sex offender program as a condition of release.  If 
 47.14  the inmate violates the conditions of the intensive supervised 
 47.15  release, the commissioner shall impose sanctions as provided in 
 47.16  subdivision 3 and section 609.108 244.0514.  
 47.17     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 47.18  and applies to crimes committed on or after that date. 
 47.19     Sec. 7.  Minnesota Statutes 2004, section 244.05, 
 47.20  subdivision 7, is amended to read: 
 47.21     Subd. 7.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 
 47.22  (a) Before the commissioner releases from prison any inmate who 
 47.23  has ever been convicted of a felony under sections section 
 47.24  609.342 to, 609.343, 609.344, 609.345, or 609.3453 or sentenced 
 47.25  as a patterned offender under section 609.108, and determined by 
 47.26  the commissioner to be in a high risk category, the commissioner 
 47.27  shall make a preliminary determination whether, in the 
 47.28  commissioner's opinion, a petition under section 253B.185 may be 
 47.29  appropriate.  
 47.30     (b) In making this decision, the commissioner shall have 
 47.31  access to the following data only for the purposes of the 
 47.32  assessment and referral decision: 
 47.33     (1) private medical data under section 13.384 or 144.335, 
 47.34  or welfare data under section 13.46 that relate to medical 
 47.35  treatment of the offender; 
 47.36     (2) private and confidential court services data under 
 48.1   section 13.84; 
 48.2      (3) private and confidential corrections data under section 
 48.3   13.85; and 
 48.4      (4) private criminal history data under section 13.87. 
 48.5      (c) If the commissioner determines that a petition may be 
 48.6   appropriate, the commissioner shall forward this determination, 
 48.7   along with a summary of the reasons for the determination, to 
 48.8   the county attorney in the county where the inmate was convicted 
 48.9   no later than 12 months before the inmate's release date.  If 
 48.10  the inmate is received for incarceration with fewer than 12 
 48.11  months remaining in the inmate's term of imprisonment, or if the 
 48.12  commissioner receives additional information less than 12 months 
 48.13  before release which makes the inmate's case appropriate for 
 48.14  referral, the commissioner shall forward the determination as 
 48.15  soon as is practicable.  Upon receiving the commissioner's 
 48.16  preliminary determination, the county attorney shall proceed in 
 48.17  the manner provided in section 253B.185.  The commissioner shall 
 48.18  release to the county attorney all requested documentation 
 48.19  maintained by the department. 
 48.20     (d) This subdivision does not apply to an inmate sentenced 
 48.21  to a mandatory life sentence under section 609.3455 after August 
 48.22  1, 2005. 
 48.23     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 48.24  and applies to crimes committed on or after that date. 
 48.25     Sec. 8.  Minnesota Statutes 2004, section 244.195, 
 48.26  subdivision 1, is amended to read: 
 48.27     Subdivision 1.  [DEFINITIONS.] (a) As used in this 
 48.28  subdivision, the following terms have the meanings given them. 
 48.29     (b) "Commissioner" means the commissioner of corrections. 
 48.30     (c) "Conditional release" means parole, supervised release, 
 48.31  conditional release as authorized by section 609.108, 
 48.32  subdivision 6, or 609.109, subdivision 7 609.3459, work release 
 48.33  as authorized by sections 241.26, 244.065, and 631.425, 
 48.34  probation, furlough, and any other authorized temporary release 
 48.35  from a correctional facility. 
 48.36     (d) "Court services director" means the director or 
 49.1   designee of a county probation agency that is not organized 
 49.2   under chapter 401. 
 49.3      (e) "Detain" means to take into actual custody, including 
 49.4   custody within a local correctional facility. 
 49.5      (f) "Local correctional facility" has the meaning given in 
 49.6   section 241.021, subdivision 1. 
 49.7      (g) "Release" means to release from actual custody. 
 49.8      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 49.9   and applies to crimes committed on or after that date. 
 49.10     Sec. 9.  Minnesota Statutes 2004, section 253B.185, 
 49.11  subdivision 2, is amended to read: 
 49.12     Subd. 2.  [TRANSFER TO CORRECTIONAL FACILITY.] (a) If a 
 49.13  person has been committed under this section and later is 
 49.14  committed to the custody of the commissioner of corrections for 
 49.15  any reason, including but not limited to, being sentenced for a 
 49.16  crime or revocation of the person's supervised release or 
 49.17  conditional release under section 244.05, 609.108, subdivision 
 49.18  6, or 609.109, subdivision 7 or 609.3459, the person shall be 
 49.19  transferred to a facility designated by the commissioner of 
 49.20  corrections without regard to the procedures provided in section 
 49.21  253B.18. 
 49.22     (b) If a person is committed under this section after a 
 49.23  commitment to the commissioner of corrections, the person shall 
 49.24  first serve the sentence in a facility designated by the 
 49.25  commissioner of corrections.  After the person has served the 
 49.26  sentence, the person shall be transferred to a treatment program 
 49.27  designated by the commissioner of human services. 
 49.28     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 49.29  and applies to crimes committed on or after that date. 
 49.30     Sec. 10.  Minnesota Statutes 2004, section 401.01, 
 49.31  subdivision 2, is amended to read: 
 49.32     Subd. 2.  [DEFINITIONS.] (a) For the purposes of sections 
 49.33  401.01 to 401.16, the following terms have the meanings given 
 49.34  them.  
 49.35     (b) "CCA county" means a county that participates in the 
 49.36  Community Corrections Act. 
 50.1      (c) "Commissioner" means the commissioner of corrections or 
 50.2   a designee. 
 50.3      (d) "Conditional release" means parole, supervised release, 
 50.4   conditional release as authorized by section 609.108, 
 50.5   subdivision 6, or 609.109, subdivision 7 609.3459, work release 
 50.6   as authorized by sections 241.26, 244.065, and 631.425, 
 50.7   probation, furlough, and any other authorized temporary release 
 50.8   from a correctional facility. 
 50.9      (e) "County probation officer" means a probation officer 
 50.10  appointed under section 244.19. 
 50.11     (f) "Detain" means to take into actual custody, including 
 50.12  custody within a local correctional facility. 
 50.13     (g) "Joint board" means the board provided in section 
 50.14  471.59. 
 50.15     (h) "Local correctional facility" has the meaning given in 
 50.16  section 241.021, subdivision 1. 
 50.17     (i) "Local correctional service" means those services 
 50.18  authorized by and employees, officers, and agents appointed 
 50.19  under section 244.19, subdivision 1. 
 50.20     (j) "Release" means to release from actual custody. 
 50.21     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 50.22  and applies to crimes committed on or after that date. 
 50.23     Sec. 11.  Minnesota Statutes 2004, section 609.117, 
 50.24  subdivision 1, is amended to read: 
 50.25     Subdivision 1.  [UPON SENTENCING.] The court shall order an 
 50.26  offender to provide a biological specimen for the purpose of DNA 
 50.27  analysis as defined in section 299C.155 when: 
 50.28     (1) the court sentences a person charged with violating or 
 50.29  attempting to violate any of the following, and the person is 
 50.30  convicted of that offense or of any offense arising out of the 
 50.31  same set of circumstances: 
 50.32     (i) murder under section 609.185, 609.19, or 609.195; 
 50.33     (ii) manslaughter under section 609.20 or 609.205; 
 50.34     (iii) assault under section 609.221, 609.222, or 609.223; 
 50.35     (iv) robbery under section 609.24 or aggravated robbery 
 50.36  under section 609.245; 
 51.1      (v) kidnapping under section 609.25; 
 51.2      (vi) false imprisonment under section 609.255; 
 51.3      (vii) criminal sexual conduct under section 609.342, 
 51.4   609.343, 609.344, 609.345, or 609.3451, subdivision 3, or 
 51.5   609.3453; 
 51.6      (viii) incest under section 609.365; 
 51.7      (ix) burglary under section 609.582, subdivision 1; or 
 51.8      (x) indecent exposure under section 617.23, subdivision 3; 
 51.9      (2) the court sentences a person as a patterned sex 
 51.10  offender under section 609.108; or 
 51.11     (3) the juvenile court adjudicates a person a delinquent 
 51.12  child who is the subject of a delinquency petition for violating 
 51.13  or attempting to violate any of the following, and the 
 51.14  delinquency adjudication is based on a violation of one of those 
 51.15  sections or of any offense arising out of the same set of 
 51.16  circumstances: 
 51.17     (i) murder under section 609.185, 609.19, or 609.195; 
 51.18     (ii) manslaughter under section 609.20 or 609.205; 
 51.19     (iii) assault under section 609.221, 609.222, or 609.223; 
 51.20     (iv) robbery under section 609.24 or aggravated robbery 
 51.21  under section 609.245; 
 51.22     (v) kidnapping under section 609.25; 
 51.23     (vi) false imprisonment under section 609.255; 
 51.24     (vii) criminal sexual conduct under section 609.342, 
 51.25  609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
 51.26     (viii) incest under section 609.365; 
 51.27     (ix) burglary under section 609.582, subdivision 1; or 
 51.28     (x) indecent exposure under section 617.23, subdivision 3. 
 51.29  The biological specimen or the results of the analysis shall be 
 51.30  maintained by the Bureau of Criminal Apprehension as provided in 
 51.31  section 299C.155. 
 51.32     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 51.33  and applies to crimes committed on or after that date. 
 51.34     Sec. 12.  Minnesota Statutes 2004, section 609.117, 
 51.35  subdivision 2, is amended to read: 
 51.36     Subd. 2.  [BEFORE RELEASE.] The commissioner of corrections 
 52.1   or local corrections authority shall order a person to provide a 
 52.2   biological specimen for the purpose of DNA analysis before 
 52.3   completion of the person's term of imprisonment when the person 
 52.4   has not provided a biological specimen for the purpose of DNA 
 52.5   analysis and the person: 
 52.6      (1) is currently serving a term of imprisonment for or has 
 52.7   a past conviction for violating or attempting to violate any of 
 52.8   the following or a similar law of another state or the United 
 52.9   States or initially charged with violating one of the following 
 52.10  sections or a similar law of another state or the United States 
 52.11  and convicted of another offense arising out of the same set of 
 52.12  circumstances: 
 52.13     (i) murder under section 609.185, 609.19, or 609.195; 
 52.14     (ii) manslaughter under section 609.20 or 609.205; 
 52.15     (iii) assault under section 609.221, 609.222, or 609.223; 
 52.16     (iv) robbery under section 609.24 or aggravated robbery 
 52.17  under section 609.245; 
 52.18     (v) kidnapping under section 609.25; 
 52.19     (vi) false imprisonment under section 609.255; 
 52.20     (vii) criminal sexual conduct under section 609.342, 
 52.21  609.343, 609.344, 609.345, or 609.3451, subdivision 3; 
 52.22     (viii) incest under section 609.365; 
 52.23     (ix) burglary under section 609.582, subdivision 1; or 
 52.24     (x) indecent exposure under section 617.23, subdivision 3; 
 52.25  or 
 52.26     (2) was sentenced as a patterned sex offender under section 
 52.27  609.108, and committed to the custody of the commissioner of 
 52.28  corrections; or 
 52.29     (3) is serving a term of imprisonment in this state under a 
 52.30  reciprocal agreement although convicted in another state of an 
 52.31  offense described in this subdivision or a similar law of the 
 52.32  United States or any other state.  The commissioner of 
 52.33  corrections or local corrections authority shall forward the 
 52.34  sample to the Bureau of Criminal Apprehension. 
 52.35     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 52.36  and applies to crimes committed on or after that date.  
 53.1      Sec. 13.  Minnesota Statutes 2004, section 609.1351, is 
 53.2   amended to read: 
 53.3      609.1351 [PETITION FOR CIVIL COMMITMENT.] 
 53.4      When a court sentences a person under section 609.108, 
 53.5   609.342, 609.343, 609.344, or 609.345, or 609.3453, the court 
 53.6   shall make a preliminary determination whether in the court's 
 53.7   opinion a petition under section 253B.185 may be appropriate and 
 53.8   include the determination as part of the sentencing order.  If 
 53.9   the court determines that a petition may be appropriate, the 
 53.10  court shall forward its preliminary determination along with 
 53.11  supporting documentation to the county attorney.  
 53.12     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 53.13  and applies to crimes committed on or after that date. 
 53.14     Sec. 14.  Minnesota Statutes 2004, section 609.347, is 
 53.15  amended to read: 
 53.16     609.347 [EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.] 
 53.17     Subdivision 1.  [VICTIM TESTIMONY; CORROBORATION 
 53.18  UNNECESSARY.] In a prosecution under sections 609.109 or 609.342 
 53.19  to 609.3451, or 609.3453, the testimony of a victim need not be 
 53.20  corroborated. 
 53.21     Subd. 2.  [SHOWING OF RESISTANCE UNNECESSARY.] In a 
 53.22  prosecution under sections 609.109 or 609.342 to 609.3451, or 
 53.23  609.3453, there is no need to show that the victim resisted the 
 53.24  accused.  
 53.25     Subd. 3.  [PREVIOUS SEXUAL CONDUCT.] In a prosecution under 
 53.26  sections 609.109, 609.342 to 609.3451, 609.3453, or 609.365, 
 53.27  evidence of the victim's previous sexual conduct shall not be 
 53.28  admitted nor shall any reference to such conduct be made in the 
 53.29  presence of the jury, except by court order under the procedure 
 53.30  provided in subdivision 4.  The evidence can be admitted only if 
 53.31  the probative value of the evidence is not substantially 
 53.32  outweighed by its inflammatory or prejudicial nature and only in 
 53.33  the circumstances set out in paragraphs (a) and (b).  For the 
 53.34  evidence to be admissible under paragraph (a), subsection (i), 
 53.35  the judge must find by a preponderance of the evidence that the 
 53.36  facts set out in the accused's offer of proof are true.  For the 
 54.1   evidence to be admissible under paragraph (a), subsection (ii) 
 54.2   or paragraph (b), the judge must find that the evidence is 
 54.3   sufficient to support a finding that the facts set out in the 
 54.4   accused's offer of proof are true, as provided under Rule 901 of 
 54.5   the Rules of Evidence. 
 54.6      (a) When consent of the victim is a defense in the case, 
 54.7   the following evidence is admissible: 
 54.8      (i) evidence of the victim's previous sexual conduct 
 54.9   tending to establish a common scheme or plan of similar sexual 
 54.10  conduct under circumstances similar to the case at issue.  In 
 54.11  order to find a common scheme or plan, the judge must find that 
 54.12  the victim made prior allegations of sexual assault which were 
 54.13  fabricated; and 
 54.14     (ii) evidence of the victim's previous sexual conduct with 
 54.15  the accused.  
 54.16     (b) When the prosecution's case includes evidence of semen, 
 54.17  pregnancy, or disease at the time of the incident or, in the 
 54.18  case of pregnancy, between the time of the incident and trial, 
 54.19  evidence of specific instances of the victim's previous sexual 
 54.20  conduct is admissible solely to show the source of the semen, 
 54.21  pregnancy, or disease. 
 54.22     Subd. 4.  [ACCUSED OFFER OF EVIDENCE.] The accused may not 
 54.23  offer evidence described in subdivision 3 except pursuant to the 
 54.24  following procedure: 
 54.25     (a) A motion shall be made by the accused at least three 
 54.26  business days prior to trial, unless later for good cause shown, 
 54.27  setting out with particularity the offer of proof of the 
 54.28  evidence that the accused intends to offer, relative to the 
 54.29  previous sexual conduct of the victim; 
 54.30     (b) If the court deems the offer of proof sufficient, the 
 54.31  court shall order a hearing out of the presence of the jury, if 
 54.32  any, and in such hearing shall allow the accused to make a full 
 54.33  presentation of the offer of proof; 
 54.34     (c) At the conclusion of the hearing, if the court finds 
 54.35  that the evidence proposed to be offered by the accused 
 54.36  regarding the previous sexual conduct of the victim is 
 55.1   admissible under subdivision 3 and that its probative value is 
 55.2   not substantially outweighed by its inflammatory or prejudicial 
 55.3   nature, the court shall make an order stating the extent to 
 55.4   which evidence is admissible.  The accused may then offer 
 55.5   evidence pursuant to the order of the court; 
 55.6      (d) If new information is discovered after the date of the 
 55.7   hearing or during the course of trial, which may make evidence 
 55.8   described in subdivision 3 admissible, the accused may make an 
 55.9   offer of proof pursuant to clause (a) and the court shall order 
 55.10  an in camera hearing to determine whether the proposed evidence 
 55.11  is admissible by the standards herein.  
 55.12     Subd. 5.  [PROHIBITING INSTRUCTING JURY ON CERTAIN POINTS.] 
 55.13  In a prosecution under sections 609.109 or 609.342 to 
 55.14  609.3451, or 609.3453, the court shall not instruct the jury to 
 55.15  the effect that: 
 55.16     (a) It may be inferred that a victim who has previously 
 55.17  consented to sexual intercourse with persons other than the 
 55.18  accused would be therefore more likely to consent to sexual 
 55.19  intercourse again; or 
 55.20     (b) The victim's previous or subsequent sexual conduct in 
 55.21  and of itself may be considered in determining the credibility 
 55.22  of the victim; or 
 55.23     (c) Criminal sexual conduct is a crime easily charged by a 
 55.24  victim but very difficult to disprove by an accused because of 
 55.25  the heinous nature of the crime; or 
 55.26     (d) The jury should scrutinize the testimony of the victim 
 55.27  any more closely than it should scrutinize the testimony of any 
 55.28  witness in any felony prosecution.  
 55.29     Subd. 6.  [PSYCHOTHERAPY EVIDENCE.] (a) In a prosecution 
 55.30  under sections 609.109 or 609.342 to 609.3451, or 609.3453, 
 55.31  involving a psychotherapist and patient, evidence of the 
 55.32  patient's personal or medical history is not admissible except 
 55.33  when:  
 55.34     (1) the accused requests a hearing at least three business 
 55.35  days prior to trial and makes an offer of proof of the relevancy 
 55.36  of the history; and 
 56.1      (2) the court finds that the history is relevant and that 
 56.2   the probative value of the history outweighs its prejudicial 
 56.3   value.  
 56.4      (b) The court shall allow the admission only of specific 
 56.5   information or examples of conduct of the victim that are 
 56.6   determined by the court to be relevant.  The court's order shall 
 56.7   detail the information or conduct that is admissible and no 
 56.8   other evidence of the history may be introduced. 
 56.9      (c) Violation of the terms of the order is grounds for 
 56.10  mistrial but does not prevent the retrial of the accused.  
 56.11     Subd. 7.  [EFFECT OF STATUTE ON RULES.] Rule 412 of the 
 56.12  Rules of Evidence is superseded to the extent of its conflict 
 56.13  with this section. 
 56.14     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 56.15  and applies to crimes committed on or after that date. 
 56.16     Sec. 15.  Minnesota Statutes 2004, section 609.3471, is 
 56.17  amended to read: 
 56.18     609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY 
 56.19  CONFIDENTIAL.] 
 56.20     Notwithstanding any provision of law to the contrary, no 
 56.21  data contained in records or reports relating to petitions, 
 56.22  complaints, or indictments issued pursuant to section 609.342; 
 56.23  609.343; 609.344; or 609.345; or 609.3453, which specifically 
 56.24  identifies a victim who is a minor shall be accessible to the 
 56.25  public, except by order of the court.  Nothing in this section 
 56.26  authorizes denial of access to any other data contained in the 
 56.27  records or reports, including the identity of the defendant. 
 56.28     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 56.29  and applies to crimes committed on or after that date. 
 56.30     Sec. 16.  Minnesota Statutes 2004, section 609.348, is 
 56.31  amended to read: 
 56.32     609.348 [MEDICAL PURPOSES; EXCLUSION.] 
 56.33     Sections 609.109 and 609.342 to 609.3451 and 609.3453 do 
 56.34  not apply to sexual penetration or sexual contact when done for 
 56.35  a bona fide medical purpose. 
 56.36     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 57.1   and applies to crimes committed on or after that date. 
 57.2      Sec. 17.  Minnesota Statutes 2004, section 609.353, is 
 57.3   amended to read: 
 57.4      609.353 [JURISDICTION.] 
 57.5      A violation or attempted violation of section 609.342, 
 57.6   609.343, 609.344, 609.345, 609.3451, 609.3453, or 609.352 may be 
 57.7   prosecuted in any jurisdiction in which the violation originates 
 57.8   or terminates. 
 57.9      [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 57.10  and applies to crimes committed on or after that date. 
 57.11     Sec. 18.  Minnesota Statutes 2004, section 631.045, is 
 57.12  amended to read: 
 57.13     631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.] 
 57.14     At the trial of a complaint or indictment for a violation 
 57.15  of sections 609.109, 609.341 to 609.3451, 609.3453, or 617.246, 
 57.16  subdivision 2, when a minor under 18 years of age is the person 
 57.17  upon, with, or against whom the crime is alleged to have been 
 57.18  committed, the judge may exclude the public from the courtroom 
 57.19  during the victim's testimony or during all or part of the 
 57.20  remainder of the trial upon a showing that closure is necessary 
 57.21  to protect a witness or ensure fairness in the trial.  The judge 
 57.22  shall give the prosecutor, defendant and members of the public 
 57.23  the opportunity to object to the closure before a closure order. 
 57.24  The judge shall specify the reasons for closure in an order 
 57.25  closing all or part of the trial.  Upon closure the judge shall 
 57.26  only admit persons who have a direct interest in the case.  
 57.27     [EFFECTIVE DATE.] This section is effective August 1, 2005, 
 57.28  and applies to crimes committed on or after that date. 
 57.29     Sec. 19.  [REVISOR INSTRUCTION.] 
 57.30     The revisor of statutes shall renumber Minnesota Statutes, 
 57.31  section 244.051, as Minnesota Statutes, section 244.0517, and 
 57.32  correct cross-references.  The revisor of statutes also shall 
 57.33  renumber Minnesota Statutes, section 609.3452, as Minnesota 
 57.34  Statutes, section 609.3462, and correct cross-references.  In 
 57.35  addition, the revisor shall delete the reference in Minnesota 
 57.36  Statutes, section 13.871, subdivision 3, paragraph (d), to 
 58.1   Minnesota Statutes, section 609.3452, and insert a reference to 
 58.2   Minnesota Statutes, section 609.3462.  The revisor shall include 
 58.3   a notation in Minnesota Statutes to inform readers of the 
 58.4   statutes of the renumbering of sections 244.051 and 609.3462. 
 58.5      [EFFECTIVE DATE.] This section is effective August 1, 2005.