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HF 1261

Conference Committee Report - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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  1.1             CONFERENCE COMMITTEE REPORT ON H.F. NO. 1261 
  1.2                          A bill for an act 
  1.3             relating to the operation of state government; 
  1.4             continuing a task force on agency purchases from 
  1.5             correctional industries; requiring an annual report 
  1.6             from the department of corrections; providing 
  1.7             certification standards for juvenile facilities; 
  1.8             requiring standards for chemical dependency treatment 
  1.9             programs; requiring the commissioner of corrections to 
  1.10            establish a health care peer review committee; 
  1.11            requiring commissioner of corrections to contract with 
  1.12            commissioner of human services for background studies 
  1.13            of individuals providing services in certain 
  1.14            facilities; removing certain obsolete provisions in 
  1.15            correction law; clarifying responsibilities and 
  1.16            updating language in law governing correctional 
  1.17            psychiatric unit; authorizing a corrections agent to 
  1.18            request a review of an offender's risk level based on 
  1.19            offender behavior in the community; providing for 
  1.20            investigation of deaths occurring in correctional 
  1.21            facilities; requiring judges to determine if offenders 
  1.22            are eligible for challenge incarceration programs 
  1.23            based upon correctional department criteria; defining 
  1.24            criminal sexual conduct to include certain employees 
  1.25            working in correctional facilities; requiring 
  1.26            mandatory sex offender assessments for repeat 
  1.27            offenders; providing that human immunodeficiency virus 
  1.28            testing data of sex offenders to be maintained in 
  1.29            correctional medical records; amending Minnesota 
  1.30            Statutes 2000, sections 16B.181, subdivision 2; 
  1.31            241.016, subdivision 1; 241.018; 241.021, subdivisions 
  1.32            1, 4, 4a, 6, by adding a subdivision; 241.67, 
  1.33            subdivision 8; 241.69; 242.32, subdivision 1a; 243.05, 
  1.34            subdivision 6; 243.51, subdivision 2; 243.53, 
  1.35            subdivision 1; 244.052, subdivision 3; 244.17, 
  1.36            subdivision 1; 244.173; 390.11, subdivision 1, by 
  1.37            adding a subdivision; 390.32, by adding a subdivision; 
  1.38            609.105, by adding a subdivision; 609.341, subdivision 
  1.39            11; 609.344, subdivision 1; 609.345, subdivision 1; 
  1.40            609.3452, subdivision 1, by adding subdivisions; 
  1.41            611A.19; Laws 1996, chapter 463, section 16, 
  1.42            subdivision 3, as amended; repealing Minnesota 
  1.43            Statutes 2000, sections 241.016, subdivision 2; 
  1.44            241.018; 241.19; 241.272, subdivision 7; 242.51. 
  2.1                                                  May 18, 2001
  2.2   The Honorable Steve Sviggum 
  2.3   Speaker of the House of Representatives
  2.5   The Honorable Don Samuelson 
  2.6   President of the Senate
  2.8      We, the undersigned conferees for H.F. No. 1261, report 
  2.9   that we have agreed upon the items in dispute and recommend as 
  2.10  follows: 
  2.11     
  2.12     That the House concur in the Senate amendments and that 
  2.13  H.F. No. 1261 be further amended as follows: 
  2.14     Delete everything after the enacting clause and insert: 
  2.15     "Section 1.  Minnesota Statutes 2000, section 16B.181, 
  2.16  subdivision 2, is amended to read: 
  2.17     Subd. 2.  [PUBLIC ENTITIES; PURCHASES FROM CORRECTIONS 
  2.18  INDUSTRIES.] (a) The commissioner of corrections, in 
  2.19  consultation with the commissioner of administration, shall 
  2.20  prepare updated lists of the items available for purchase from 
  2.21  department of corrections industries and annually forward a copy 
  2.22  of the most recent list to all public entities within the 
  2.23  state.  A public entity that is supported in whole or in part 
  2.24  with funds from the state treasury may purchase items directly 
  2.25  from corrections industries.  The bid solicitation process is 
  2.26  not required for these purchases. 
  2.27     (b) The commissioner of administration shall develop a 
  2.28  contract or contracts to enable public entities to purchase 
  2.29  items directly from corrections industries.  The commissioner of 
  2.30  administration, in consultation with the commissioner of 
  2.31  corrections, shall determine the fair market price for listed 
  2.32  items.  The commissioner of administration shall require that 
  2.33  all requests for bids or proposals, for items provided by 
  2.34  corrections industries, be forwarded to the commissioner of 
  2.35  corrections to enable corrections industries to submit bids.  
  2.36  The commissioner of corrections shall consult with the 
  2.37  commissioner of administration prior to introducing new products 
  2.38  to the state agency market. 
  2.39     (c) No public entity may evade the intent of this section 
  3.1   by adopting slight variations in specifications, when Minnesota 
  3.2   corrections industry items meet the reasonable needs and 
  3.3   specifications of the public entity. 
  3.4      (d) The commissioners of administration and corrections 
  3.5   shall develop annual performance measures outlining goals to 
  3.6   maximize inmate work program participation.  The commissioners 
  3.7   of administration and corrections shall appoint cochairs for a 
  3.8   task force whose purpose is to determine additional methods to 
  3.9   achieve the performance goals for public entity purchasing.  The 
  3.10  task force shall include representatives from the Minnesota 
  3.11  house of representatives, Minnesota senate, the Minnesota state 
  3.12  colleges and universities, University of Minnesota, Minnesota 
  3.13  League of Cities, Minnesota Association of Counties, and 
  3.14  administrators with purchasing responsibilities from the 
  3.15  Minnesota state departments of corrections, public safety, 
  3.16  finance, transportation, natural resources, human services, 
  3.17  health, and economic security.  Notwithstanding section 15.059, 
  3.18  the task force created in this paragraph expires on June 30, 
  3.19  2003. 
  3.20     (e) If performance goals for public entity purchasing are 
  3.21  not achieved in two consecutive fiscal years, public entities 
  3.22  shall purchase items available from corrections industries.  The 
  3.23  commissioner of administration shall be responsible for 
  3.24  notifying public entities of this requirement. 
  3.25     Sec. 2.  Minnesota Statutes 2000, section 241.016, 
  3.26  subdivision 1, is amended to read: 
  3.27     Subdivision 1.  [ANNUAL REPORT.] (a) Notwithstanding 
  3.28  section 15.91, The department of corrections shall issue submit 
  3.29  a performance report by November 30 of each year to the chairs 
  3.30  and ranking minority members of the senate and house committees 
  3.31  and divisions having jurisdiction over criminal justice funding 
  3.32  by January 15 of each year.  The issuance and content of the 
  3.33  report must conform with section 15.91. include the following: 
  3.34     (1) department strategic mission, goals, and objectives; 
  3.35     (2) the department-wide per diem, adult facility-specific 
  3.36  per diems, and an average per diem, reported in a standard 
  4.1   calculated method as outlined in the departmental policies and 
  4.2   procedures; and 
  4.3      (3) department annual statistics as outlined in the 
  4.4   departmental policies and procedures.  
  4.5      (b) The department shall maintain recidivism rates for 
  4.6   adult facilities on an annual basis.  In addition, each year the 
  4.7   department shall, on an alternating basis, complete a recidivism 
  4.8   analysis of adult facilities, juvenile services, and the 
  4.9   community services divisions and include a three-year recidivism 
  4.10  analysis in the report described in paragraph (a).  When 
  4.11  appropriate, the recidivism analysis must include education 
  4.12  programs, vocational programs, treatment programs, industry, and 
  4.13  employment. 
  4.14     Sec. 3.  Minnesota Statutes 2000, section 241.018, is 
  4.15  amended to read: 
  4.16     241.018 [PER DIEM CALCULATION.] 
  4.17     (a) The commissioner of corrections shall develop a uniform 
  4.18  method to calculate the average department-wide per diem cost of 
  4.19  incarcerating offenders at state adult correctional facilities.  
  4.20  In addition to other costs currently factored into the per diem, 
  4.21  it must include an appropriate percentage of capitol costs for 
  4.22  all adult correctional facilities and 65 percent of the 
  4.23  department's management services budget. 
  4.24     (b) The commissioner also shall use this method of 
  4.25  calculating per diem costs for offenders in each state adult 
  4.26  correctional facility.  When calculating the per diem cost of 
  4.27  incarcerating offenders at a particular facility, the 
  4.28  commissioner shall include an appropriate percentage of capital 
  4.29  costs for the facility and an appropriate prorated amount, given 
  4.30  the facility's population, of 65 percent of the department's 
  4.31  management services budget. 
  4.32     (c) The commissioner shall ensure that these new per diem 
  4.33  methods are used in all future instances in which per diem 
  4.34  charges are reported annual performance reports to the 
  4.35  legislature and are also reflected in the department's biennial 
  4.36  budget document. 
  5.1      (d) The commissioner shall report information related to 
  5.2   these per diems to the chairs and ranking minority members of 
  5.3   the senate and house committees and divisions having 
  5.4   jurisdiction over criminal justice funding by January 15, 2001. 
  5.5      Sec. 4.  Minnesota Statutes 2000, section 241.021, 
  5.6   subdivision 1, is amended to read: 
  5.7      Subdivision 1.  [SUPERVISION OVER CORRECTIONAL 
  5.8   INSTITUTIONS.] (1) (a) Except as provided in paragraph (b), the 
  5.9   commissioner of corrections shall inspect and license all 
  5.10  correctional facilities throughout the state, whether public or 
  5.11  private, established and operated for the detention and 
  5.12  confinement of persons detained or confined therein according to 
  5.13  law except to the extent that they are inspected or licensed by 
  5.14  other state regulating agencies.  The commissioner shall 
  5.15  promulgate pursuant to chapter 14, rules establishing minimum 
  5.16  standards for these facilities with respect to their management, 
  5.17  operation, physical condition, and the security, safety, health, 
  5.18  treatment, and discipline of persons detained or confined 
  5.19  therein.  Commencing September 1, 1980, no individual, 
  5.20  corporation, partnership, voluntary association, or other 
  5.21  private organization legally responsible for the operation of a 
  5.22  correctional facility may operate the facility unless licensed 
  5.23  by the commissioner of corrections.  The commissioner shall 
  5.24  review the correctional facilities described in this subdivision 
  5.25  at least once every biennium, except as otherwise provided 
  5.26  herein, to determine compliance with the minimum standards 
  5.27  established pursuant to this subdivision.  The commissioner 
  5.28  shall grant a license to any facility found to conform to 
  5.29  minimum standards or to any facility which, in the 
  5.30  commissioner's judgment, is making satisfactory progress toward 
  5.31  substantial conformity and the interests and well-being of the 
  5.32  persons detained or confined therein are protected.  The 
  5.33  commissioner may grant licensure up to two years.  The 
  5.34  commissioner shall have access to the buildings, grounds, books, 
  5.35  records, staff, and to persons detained or confined in these 
  5.36  facilities.  The commissioner may require the officers in charge 
  6.1   of these facilities to furnish all information and statistics 
  6.2   the commissioner deems necessary, at a time and place designated 
  6.3   by the commissioner.  The commissioner may require that any or 
  6.4   all such information be provided through the department of 
  6.5   corrections detention information system.  The education program 
  6.6   offered in a correctional facility for the detention or 
  6.7   confinement of juvenile offenders must be approved by the 
  6.8   commissioner of children, families, and learning before the 
  6.9   commissioner of corrections may grant a license to the facility. 
  6.10     (b) For juvenile facilities licensed by the commissioner of 
  6.11  human services, the commissioner may inspect and certify 
  6.12  programs based on certification standards set forth in Minnesota 
  6.13  Rules.  For the purpose of this paragraph, "certification" has 
  6.14  the meaning given it in section 245A.02. 
  6.15     (2) (c) Any state agency which regulates, inspects, or 
  6.16  licenses certain aspects of correctional facilities shall, 
  6.17  insofar as is possible, ensure that the minimum standards it 
  6.18  requires are substantially the same as those required by other 
  6.19  state agencies which regulate, inspect, or license the same 
  6.20  aspects of similar types of correctional facilities, although at 
  6.21  different correctional facilities. 
  6.22     (3) (d) Nothing in this section shall be construed to limit 
  6.23  the commissioner of corrections' authority to promulgate rules 
  6.24  establishing standards of eligibility for counties to receive 
  6.25  funds under sections 401.01 to 401.16, or to require counties to 
  6.26  comply with operating standards the commissioner establishes as 
  6.27  a condition precedent for counties to receive that funding. 
  6.28     (4) (e) When the commissioner finds that any facility 
  6.29  described in clause (1) paragraph (a), except foster care 
  6.30  facilities for delinquent children and youth as provided in 
  6.31  subdivision 2, does not substantially conform to the minimum 
  6.32  standards established by the commissioner and is not making 
  6.33  satisfactory progress toward substantial conformance, the 
  6.34  commissioner shall promptly notify the chief executive officer 
  6.35  and the governing board of the facility of the deficiencies and 
  6.36  order that they be remedied within a reasonable period of time.  
  7.1   The commissioner may by written order restrict the use of any 
  7.2   facility which does not substantially conform to minimum 
  7.3   standards to prohibit the detention of any person therein for 
  7.4   more than 72 hours at one time.  When, after due notice and 
  7.5   hearing, the commissioner finds that any facility described in 
  7.6   this subdivision, except county jails and lockups as provided in 
  7.7   sections 641.26, 642.10, and 642.11, does not conform to minimum 
  7.8   standards, or is not making satisfactory progress toward 
  7.9   substantial compliance therewith, the commissioner may issue an 
  7.10  order revoking the license of that facility.  After revocation 
  7.11  of its license, that facility shall not be used until its 
  7.12  license is renewed.  When the commissioner is satisfied that 
  7.13  satisfactory progress towards substantial compliance with 
  7.14  minimum standard is being made, the commissioner may, at the 
  7.15  request of the appropriate officials of the affected facility 
  7.16  supported by a written schedule for compliance, grant an 
  7.17  extension of time for a period not to exceed one year. 
  7.18     (5) (f) As used in this subdivision, "correctional facility"
  7.19  means any facility, including a group home, having a residential 
  7.20  component, the primary purpose of which is to serve persons 
  7.21  placed therein by a court, court services department, parole 
  7.22  authority, or other correctional agency having dispositional 
  7.23  power over persons charged with, convicted, or adjudicated to be 
  7.24  guilty or delinquent. 
  7.25     Sec. 5.  Minnesota Statutes 2000, section 241.021, 
  7.26  subdivision 4, is amended to read: 
  7.27     Subd. 4.  [HEALTH CARE.] The commissioner of corrections 
  7.28  shall provide professional health care to persons confined in 
  7.29  institutions under the control of the commissioner of 
  7.30  corrections and pay the costs of their care in hospitals and 
  7.31  other medical facilities not under the control of the 
  7.32  commissioner of corrections, including the secure treatment unit 
  7.33  operated by the St. Paul - Ramsey Hospital.  All reimbursements 
  7.34  for these health care services shall be deposited in the general 
  7.35  fund.  The commissioner of corrections is authorized to contract 
  7.36  with entities, including health care management companies, to 
  8.1   provide health care to inmates.  With respect to these 
  8.2   contracts, these entities shall not be regulated as, or 
  8.3   otherwise considered to be, health plan companies as defined in 
  8.4   section 62Q.01, subdivision 4.  
  8.5      Sec. 6.  Minnesota Statutes 2000, section 241.021, 
  8.6   subdivision 4a, is amended to read: 
  8.7      Subd. 4a.  [CHEMICAL DEPENDENCY TREATMENT PROGRAMS.] All 
  8.8   residential chemical dependency treatment programs operated by 
  8.9   the commissioner of corrections to treat adults and juveniles 
  8.10  committed to the commissioner's custody shall comply with the 
  8.11  standards mandated in Minnesota Rules, parts 9530.4100 to 
  8.12  9530.6500, or successor rule parts, for treatment programs 
  8.13  operated by community-based residential treatment facilities.  
  8.14  When the commissioners of corrections and human services agree 
  8.15  that these established standards for community-based programs 
  8.16  cannot reasonably apply to correctional facilities, alternative 
  8.17  equivalent standards shall be developed by the commissioners and 
  8.18  established through an interagency agreement. 
  8.19     Sec. 7.  Minnesota Statutes 2000, section 241.021, is 
  8.20  amended by adding a subdivision to read: 
  8.21     Subd. 4b.  [PEER REVIEW COMMITTEE.] The commissioner of 
  8.22  corrections shall establish a health care peer review committee. 
  8.23  Sections 145.61 to 145.67 apply to the committee.  The committee 
  8.24  shall gather, review, and evaluate information relating to the 
  8.25  on-site and off-site quality of care and treatment of 
  8.26  offenders.  The committee shall consist of: 
  8.27     (1) the director of health services; 
  8.28     (2) the department medical director; 
  8.29     (3) the regional medical director of the contracted health 
  8.30  care vendor; 
  8.31     (4) the department director of nursing; 
  8.32     (5) a physician from the contracting hospital provider; and 
  8.33     (6) another physician who provides health care to offenders 
  8.34  on site at a correctional facility. 
  8.35     Sec. 8.  Minnesota Statutes 2000, section 241.021, 
  8.36  subdivision 6, is amended to read: 
  9.1      Subd. 6.  [BACKGROUND STUDIES.] (a) The commissioner of 
  9.2   corrections is authorized to do background studies on personnel 
  9.3   employed by any facility serving children or youth that is 
  9.4   licensed under this section.  The commissioner of corrections 
  9.5   shall contract with the commissioner of human services to 
  9.6   conduct background studies of individuals providing services in 
  9.7   secure and nonsecure residential facilities and detention 
  9.8   facilities who have direct contact, as defined under section 
  9.9   245A.04, subdivision 3, with persons served in the facilities.  
  9.10  A disqualification of an individual in this section shall 
  9.11  disqualify the individual from positions allowing direct contact 
  9.12  or access to persons and residents receiving services in 
  9.13  programs licensed by the departments of health and human 
  9.14  services.  
  9.15     (b) A clerk or administrator of any court, the bureau of 
  9.16  criminal apprehension, a prosecuting attorney, a county sheriff, 
  9.17  or a chief of a local police department, shall assist in these 
  9.18  studies by providing to the commissioner of human services, or 
  9.19  the commissioner's representative, all criminal conviction data 
  9.20  available from local, state, and national criminal history 
  9.21  record repositories, including the criminal justice data 
  9.22  communications network, pertaining to the following individuals: 
  9.23  applicants, operators, all persons living in the household, and 
  9.24  all staff of any facility subject to background studies under 
  9.25  this subdivision.  
  9.26     (c) The department of human services shall conduct the 
  9.27  background studies required by paragraph (a) in compliance with 
  9.28  the provisions of chapter 245A.  For the purpose of this 
  9.29  subdivision, the term "secure and nonsecure residential facility 
  9.30  and detention facility" shall include programs licensed or 
  9.31  certified under subdivision 2.  The department of human services 
  9.32  shall provide necessary forms and instructions, shall conduct 
  9.33  the necessary background studies of individuals, and shall 
  9.34  provide notification of the results of the studies to the 
  9.35  facilities, individuals, and the commissioner of corrections.  
  9.36  Individuals shall be disqualified under the provisions of 
 10.1   chapter 245A. 
 10.2      If an individual is disqualified, the department of human 
 10.3   services shall notify the facility and the individual and shall 
 10.4   inform the individual of the right to request a reconsideration 
 10.5   of the disqualification by submitting the request to the 
 10.6   department of corrections. 
 10.7      (d) The commissioner of corrections shall review and decide 
 10.8   reconsideration requests, including the granting of variances, 
 10.9   in accordance with the procedures and criteria contained in 
 10.10  chapter 245A.  The commissioner's decision shall be provided to 
 10.11  the individual and to the department of human services.  The 
 10.12  commissioner's decision to grant or deny a reconsideration of 
 10.13  disqualification is the final administrative agency action. 
 10.14     (e) Facilities described in paragraph (a) shall be 
 10.15  responsible for cooperating with the departments in implementing 
 10.16  the provisions of this subdivision.  The responsibilities 
 10.17  imposed on applicants and licensees under chapter 245A shall 
 10.18  apply to these facilities.  The provisions of section 245A.04, 
 10.19  subdivision 3, paragraph (e), shall apply to applicants, 
 10.20  licensees, and individuals. 
 10.21     Sec. 9.  Minnesota Statutes 2000, section 241.67, 
 10.22  subdivision 8, is amended to read: 
 10.23     Subd. 8.  [COMMUNITY-BASED SEX OFFENDER PROGRAM EVALUATION 
 10.24  PROJECT.] (a) For the purposes of this project, a sex offender 
 10.25  is an adult who has been convicted, or a juvenile who has been 
 10.26  adjudicated, for a sex offense or a sex-related offense which 
 10.27  would require registration under section 243.166. 
 10.28     (b) The commissioner shall develop a long-term project to 
 10.29  accomplish the following: 
 10.30     (1) provide follow-up information on each sex offender for 
 10.31  a period of three years following the offender's completion of 
 10.32  or termination from treatment; 
 10.33     (2) provide treatment programs in several geographical 
 10.34  areas in the state; 
 10.35     (3) provide the necessary data to form the basis to 
 10.36  recommend a fiscally sound plan to provide a coordinated 
 11.1   statewide system of effective sex offender treatment 
 11.2   programming; and 
 11.3      (4) provide an opportunity to local and regional 
 11.4   governments, agencies, and programs to establish models of sex 
 11.5   offender programs that are suited to the needs of that region. 
 11.6      (c) The commissioner shall provide the legislature with an 
 11.7   annual report of the data collected and the status of the 
 11.8   project by October 15 of each year, beginning in 1993. 
 11.9      (d) The commissioner shall establish an advisory task force 
 11.10  consisting of county probation officers from Community 
 11.11  Corrections Act counties and other counties, court services 
 11.12  providers, and other interested officials.  The commissioner 
 11.13  shall consult with the task force concerning the establishment 
 11.14  and operation of the project. 
 11.15     Sec. 10.  Minnesota Statutes 2000, section 241.69, is 
 11.16  amended to read: 
 11.17     241.69 [PSYCHIATRIC MENTAL HEALTH UNIT; ESTABLISHMENT.] 
 11.18     Subdivision 1.  [AUTHORITY; RULES.] The commissioner of 
 11.19  corrections shall, in accordance with applicable rules and 
 11.20  standards prescribed by the departments department of health and 
 11.21  welfare human services, establish, staff, equip, maintain, and 
 11.22  operate at one of the adult correctional institutions under the 
 11.23  commissioner's control a psychiatric mental health unit for the 
 11.24  care and treatment of those inmates of state correctional 
 11.25  institutions who become mentally ill. 
 11.26     Subd. 2.  [EXAMINATION.] When any person confined in an 
 11.27  adult correctional institution under the control of the 
 11.28  commissioner of corrections is alleged to be a mentally ill 
 11.29  person, the chief executive officer director of psychological 
 11.30  services, or warden or other person in charge of the institution 
 11.31  shall cause the person to be examined by a licensed physician 
 11.32  especially qualified in the diagnosis of mental illness, or, if 
 11.33  none is available, by any licensed physician or 
 11.34  licensed psychologist mental health professional available to 
 11.35  the institution. 
 11.36     Subd. 3.  [TRANSFER.] If the examining physician or 
 12.1   psychologist licensed mental health professional finds the 
 12.2   person to be mentally ill and in need of short term care, the 
 12.3   examining physician health care professional may recommend 
 12.4   transfer by the commissioner of corrections to the psychiatric 
 12.5   mental health unit established pursuant to subdivision 1. 
 12.6      Subd. 4.  [COMMITMENT.] If the examining physician health 
 12.7   care professional or psychologist licensed mental health 
 12.8   professional finds the person to be mentally ill and in need of 
 12.9   long term care in a hospital, or if an inmate transferred 
 12.10  pursuant to subdivision 3 refuses to voluntarily participate in 
 12.11  the treatment program at the psychiatric mental health unit, the 
 12.12  chief executive officer of director of psychological services of 
 12.13  the institution or other person in charge the mental health 
 12.14  professional shall initiate proceedings for judicial commitment 
 12.15  as provided in section 253B.07.  Upon the recommendation of 
 12.16  the physician or psychologist licensed mental health 
 12.17  professional and upon completion of the hearing and 
 12.18  consideration of the record, the court may commit the person to 
 12.19  the psychiatric mental health unit established in subdivision 1 
 12.20  or to another hospital.  A person confined in a state 
 12.21  correctional institution for adults who has been adjudicated to 
 12.22  be mentally ill and in need of treatment may be committed to the 
 12.23  commissioner of corrections and placed in the psychiatric mental 
 12.24  health unit established in subdivision 1.  
 12.25     Subd. 5.  [DISCHARGE.] The chief medical officer director 
 12.26  of psychological services of the psychiatric mental health unit 
 12.27  established under this section may, subject to the provisions of 
 12.28  chapter 253B, provisionally discharge any inmate patient 
 12.29  admitted as mentally ill without discharging the commitment and 
 12.30  order the inmate patient's release into the general population 
 12.31  of the institution from which admitted, subject to return to the 
 12.32  facility for further treatment. 
 12.33     When the chief medical officer director of psychological 
 12.34  services of the facility certifies that a patient is no longer 
 12.35  in need of institutional care for mental illness the chief 
 12.36  medical officer director of psychological services shall 
 13.1   discharge the patient to the institution from which committed, 
 13.2   and the discharge shall also discharge the mental illness 
 13.3   commitment. 
 13.4      A copy of the certification that the inmate is no longer in 
 13.5   need of care for mental illness shall be transmitted to the 
 13.6   commissioner of corrections.  The commissioner of corrections 
 13.7   shall give serious consideration to the aforementioned 
 13.8   certification for purposes of their supervision over the inmate 
 13.9   upon the inmate's release. 
 13.10     Subd. 6.  [TRANSFER UPON EXPIRATION OF SENTENCE.] If the 
 13.11  sentence of a person who has been adjudicated to be mentally ill 
 13.12  and committed to the psychiatric mental health unit established 
 13.13  under this section should expire before the person recovers and 
 13.14  is discharged therefrom, and, in the judgment of the chief 
 13.15  medical officer director of psychological services of the unit, 
 13.16  the person requires further hospitalization for mental illness, 
 13.17  the person shall be transferred by the commissioner of 
 13.18  corrections to a state hospital designated by the commissioner 
 13.19  of human services, there to be detained as in the case of other 
 13.20  mentally ill persons under judicial commitment. 
 13.21     Subd. 7.  [COSTS.] The costs of the commitment proceedings 
 13.22  under this section shall be borne by the state. 
 13.23     Subd. 8.  [DEFINITIONS.] For the purposes of this section, 
 13.24  the words defined in section 253B.02 have the meanings given 
 13.25  them in that section. 
 13.26     Sec. 11.  Minnesota Statutes 2000, section 242.32, 
 13.27  subdivision 1a, is amended to read: 
 13.28     Subd. 1a.  [ALTERNATIVE RESIDENTIAL PROGRAMS; FUNDING.] The 
 13.29  commissioner of corrections may establish and operate 
 13.30  alternative residential programs for juveniles.  Programming is 
 13.31  available to court and social service agencies for placement of 
 13.32  juveniles to act as early intervention in juvenile crime.  The 
 13.33  commissioner shall require participating state or federal 
 13.34  agencies and local units of government sending participants to 
 13.35  the program to pay the cost of the program.  Funds received by 
 13.36  the commissioner for the cost of the program from state and 
 14.1   federal agencies and local units of government under this 
 14.2   subdivision must be deposited in the state treasury and credited 
 14.3   to a special account.  Money in the account is appropriated to 
 14.4   the commissioner to fund the program. 
 14.5      Sec. 12.  Minnesota Statutes 2000, section 243.05, 
 14.6   subdivision 6, is amended to read: 
 14.7      Subd. 6.  [SUPERVISION BY COMMISSIONER OF CORRECTIONS; 
 14.8   AGENTS.] (a) The commissioner of corrections, as far as 
 14.9   possible, shall exercise supervision over persons released on 
 14.10  parole or probation pursuant to this section and section 242.19. 
 14.11     (b) The commissioner of corrections shall exercise 
 14.12  supervision over probationers as provided in section 609.135, 
 14.13  and over persons conditionally released pursuant to section 
 14.14  241.26. 
 14.15     (c) For the purposes of clauses (a) and (b), and sections 
 14.16  609.115 and 609.135, subdivision 1, the commissioner shall 
 14.17  appoint state agents who shall be in the classified service of 
 14.18  the state civil service.  The commissioner may also appoint 
 14.19  suitable persons in any part of the state or enter into 
 14.20  agreements with individuals and public or private agencies, for 
 14.21  the same purposes, and pay the costs incurred under the 
 14.22  agreements.  Parole agents shall reside in the various districts 
 14.23  of the state in which they are employed.  Each agent or person 
 14.24  shall perform the duties the commissioner may prescribe in 
 14.25  behalf of or in the supervision of those persons described in 
 14.26  clause (b).  In addition, each agent or person shall act under 
 14.27  the orders of the commissioner in the supervision of those 
 14.28  persons conditionally released as provided in clause (a).  
 14.29  Agents shall provide assistance to conditionally released 
 14.30  persons in obtaining employment, and shall conduct relevant 
 14.31  investigations and studies of persons under supervision upon the 
 14.32  request of the commissioner.  Regional supervisors may also 
 14.33  supervise state parole agents as directed by the commissioner of 
 14.34  corrections. This duty shall not interfere with the supervisor's 
 14.35  responsibility under the County Probation Act, Laws 1959, 
 14.36  chapter 698. 
 15.1      Sec. 13.  Minnesota Statutes 2000, section 243.51, 
 15.2   subdivision 2, is amended to read: 
 15.3      Subd. 2.  [TRANSFER OF INMATES TO FEDERAL GOVERNMENT.] The 
 15.4   commissioner of corrections may transfer to the custody of the 
 15.5   United States attorney general any inmate of the a Minnesota 
 15.6   correctional facility-Stillwater or the Minnesota correctional 
 15.7   facility-Shakopee facility whose presence is seriously 
 15.8   detrimental to the internal discipline and well-being of the 
 15.9   facility, or whose personal safety cannot be reasonably secured 
 15.10  therein or in any other state facility, provided the attorney 
 15.11  general of the United States accept such transfer.  Such 
 15.12  transfer shall be accomplished in the manner prescribed by 
 15.13  United States Code, title 18, section 5003 and acts amendatory 
 15.14  thereof, and the commissioner of corrections may execute such 
 15.15  contracts as therein provided.  The reimbursement of the federal 
 15.16  government for all costs and expenses incurred for the care, 
 15.17  custody, subsistence, education, treatment, and training of such 
 15.18  transferee shall be paid from the appropriation for the 
 15.19  operation of the Minnesota correctional facility-Stillwater or 
 15.20  the Minnesota correctional facility-Shakopee facility from which 
 15.21  the inmate was transferred.  
 15.22     The chief executive officer of the transferring facility 
 15.23  shall attach to such contract a duly certified copy of the 
 15.24  warrant of commitment under which such inmate is held, together 
 15.25  with copies of such other commitment papers as are required by 
 15.26  section 243.49, and such other data relating to the character 
 15.27  and condition of such inmates as the officer may deem necessary 
 15.28  or may be required by the federal prison authorities. Such copy 
 15.29  of the warrant of commitment and accompanying papers shall 
 15.30  constitute sufficient authority for the United States to hold 
 15.31  such inmate on behalf of the state of Minnesota.  
 15.32     Any inmate so transferred under this subdivision shall be 
 15.33  subject to the terms and conditions of the inmate's original 
 15.34  sentence as if the inmate were serving the same within the 
 15.35  confines of the facility from which transferred.  Nothing herein 
 15.36  contained shall deprive such inmate of the right to parole or 
 16.1   the rights to legal process in the courts of this state. 
 16.2      Sec. 14.  Minnesota Statutes 2000, section 243.53, 
 16.3   subdivision 1, is amended to read: 
 16.4      Subdivision 1.  [SEPARATE CELLS.] (a) When there are 
 16.5   sufficient cells available, each inmate shall be confined in a 
 16.6   separate cell.  Each inmate shall be confined in a separate cell 
 16.7   in institutions classified by the commissioner as custody level 
 16.8   five and six institutions.  This requirement does not apply to 
 16.9   the following: 
 16.10     (1) geriatric dormitory-type facilities; 
 16.11     (2) honor dormitory-type facilities; and 
 16.12     (3) any other multiple occupancy facility at a custody 
 16.13  level five or six institution that confines inmates who could be 
 16.14  confined in an institution at custody level four or lower. 
 16.15     (b) Correctional institutions classified by the 
 16.16  commissioner as custody level one, two, three, or four 
 16.17  institutions must permit multiple occupancy, except segregation 
 16.18  units, to the greatest extent possible.  The commissioner shall 
 16.19  annually publish a list of the custody levels of all 
 16.20  correctional institutions. 
 16.21     Sec. 15.  Minnesota Statutes 2000, section 244.052, 
 16.22  subdivision 3, is amended to read: 
 16.23     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
 16.24  commissioner of corrections shall establish and administer 
 16.25  end-of-confinement review committees at each state correctional 
 16.26  facility and at each state treatment facility where predatory 
 16.27  offenders are confined.  The committees shall assess on a 
 16.28  case-by-case basis the public risk posed by predatory offenders 
 16.29  who are about to be released from confinement. 
 16.30     (b) Each committee shall be a standing committee and shall 
 16.31  consist of the following members appointed by the commissioner: 
 16.32     (1) the chief executive officer or head of the correctional 
 16.33  or treatment facility where the offender is currently confined, 
 16.34  or that person's designee; 
 16.35     (2) a law enforcement officer; 
 16.36     (3) a treatment professional who is trained in the 
 17.1   assessment of sex offenders; 
 17.2      (4) a caseworker experienced in supervising sex offenders; 
 17.3   and 
 17.4      (5) a victim's services professional. 
 17.5      Members of the committee, other than the facility's chief 
 17.6   executive officer or head, shall be appointed by the 
 17.7   commissioner to two-year terms.  The chief executive officer or 
 17.8   head of the facility or designee shall act as chair of the 
 17.9   committee and shall use the facility's staff, as needed, to 
 17.10  administer the committee, obtain necessary information from 
 17.11  outside sources, and prepare risk assessment reports on 
 17.12  offenders. 
 17.13     (c) The committee shall have access to the following data 
 17.14  on a predatory offender only for the purposes of its assessment 
 17.15  and to defend the committee's risk assessment determination upon 
 17.16  administrative review under this section: 
 17.17     (1) private medical data under section 13.384 or 144.335, 
 17.18  or welfare data under section 13.46 that relate to medical 
 17.19  treatment of the offender; 
 17.20     (2) private and confidential court services data under 
 17.21  section 13.84; 
 17.22     (3) private and confidential corrections data under section 
 17.23  13.85; and 
 17.24     (4) private criminal history data under section 13.87. 
 17.25     Data collected and maintained by the committee under this 
 17.26  paragraph may not be disclosed outside the committee, except as 
 17.27  provided under section 13.05, subdivision 3 or 4.  The predatory 
 17.28  offender has access to data on the offender collected and 
 17.29  maintained by the committee, unless the data are confidential 
 17.30  data received under this paragraph. 
 17.31     (d)(i) Except as otherwise provided in item (ii), at least 
 17.32  90 days before a predatory offender is to be released from 
 17.33  confinement, the commissioner of corrections shall convene the 
 17.34  appropriate end-of-confinement review committee for the purpose 
 17.35  of assessing the risk presented by the offender and determining 
 17.36  the risk level to which the offender shall be assigned under 
 18.1   paragraph (e).  The offender and the law enforcement agency that 
 18.2   was responsible for the charge resulting in confinement shall be 
 18.3   notified of the time and place of the committee's meeting.  The 
 18.4   offender has a right to be present and be heard at the meeting.  
 18.5   The law enforcement agency may provide material in writing that 
 18.6   is relevant to the offender's risk level to the chair of the 
 18.7   committee.  The committee shall use the risk factors described 
 18.8   in paragraph (g) and the risk assessment scale developed under 
 18.9   subdivision 2 to determine the offender's risk assessment score 
 18.10  and risk level.  Offenders scheduled for release from 
 18.11  confinement shall be assessed by the committee established at 
 18.12  the facility from which the offender is to be released.  
 18.13     (ii) If an offender is received for confinement in a 
 18.14  facility with less than 90 days remaining in the offender's term 
 18.15  of confinement, the offender's risk shall be assessed at the 
 18.16  first regularly scheduled end of confinement review committee 
 18.17  that convenes after the appropriate documentation for the risk 
 18.18  assessment is assembled by the committee.  The commissioner 
 18.19  shall make reasonable efforts to ensure that offender's risk is 
 18.20  assessed and a risk level is assigned or reassigned at least 30 
 18.21  days before the offender's release date. 
 18.22     (e) The committee shall assign to risk level I a predatory 
 18.23  offender whose risk assessment score indicates a low risk of 
 18.24  reoffense.  The committee shall assign to risk level II an 
 18.25  offender whose risk assessment score indicates a moderate risk 
 18.26  of reoffense.  The committee shall assign to risk level III an 
 18.27  offender whose risk assessment score indicates a high risk of 
 18.28  reoffense. 
 18.29     (f) Before the predatory offender is released from 
 18.30  confinement, the committee shall prepare a risk assessment 
 18.31  report which specifies the risk level to which the offender has 
 18.32  been assigned and the reasons underlying the committee's risk 
 18.33  assessment decision.  The committee shall give the report to the 
 18.34  offender and to the law enforcement agency at least 60 days 
 18.35  before an offender is released from confinement.  If the risk 
 18.36  assessment is performed under the circumstances described in 
 19.1   paragraph (d), item (ii), the report shall be given to the 
 19.2   offender and the law enforcement agency as soon as it is 
 19.3   available.  The committee also shall inform the offender of the 
 19.4   availability of review under subdivision 6. 
 19.5      (g) As used in this subdivision, "risk factors" includes, 
 19.6   but is not limited to, the following factors: 
 19.7      (1) the seriousness of the offense should the offender 
 19.8   reoffend.  This factor includes consideration of the following:  
 19.9      (i) the degree of likely force or harm; 
 19.10     (ii) the degree of likely physical contact; and 
 19.11     (iii) the age of the likely victim; 
 19.12     (2) the offender's prior offense history.  This factor 
 19.13  includes consideration of the following: 
 19.14     (i) the relationship of prior victims to the offender; 
 19.15     (ii) the number of prior offenses or victims; 
 19.16     (iii) the duration of the offender's prior offense history; 
 19.17     (iv) the length of time since the offender's last prior 
 19.18  offense while the offender was at risk to commit offenses; and 
 19.19     (v) the offender's prior history of other antisocial acts; 
 19.20     (3) the offender's characteristics.  This factor includes 
 19.21  consideration of the following:  
 19.22     (i) the offender's response to prior treatment efforts; and 
 19.23     (ii) the offender's history of substance abuse; 
 19.24     (4) the availability of community supports to the offender. 
 19.25  This factor includes consideration of the following: 
 19.26     (i) the availability and likelihood that the offender will 
 19.27  be involved in therapeutic treatment; 
 19.28     (ii) the availability of residential supports to the 
 19.29  offender, such as a stable and supervised living arrangement in 
 19.30  an appropriate location; 
 19.31     (iii) the offender's familial and social relationships, 
 19.32  including the nature and length of these relationships and the 
 19.33  level of support that the offender may receive from these 
 19.34  persons; and 
 19.35     (iv) the offender's lack of education or employment 
 19.36  stability; 
 20.1      (5) whether the offender has indicated or credible evidence 
 20.2   in the record indicates that the offender will reoffend if 
 20.3   released into the community; and 
 20.4      (6) whether the offender demonstrates a physical condition 
 20.5   that minimizes the risk of reoffense, including but not limited 
 20.6   to, advanced age or a debilitating illness or physical condition.
 20.7      (h) Upon the request of the law enforcement agency or the 
 20.8   offender's corrections agent, the commissioner may reconvene the 
 20.9   end-of-confinement review committee for the purpose of 
 20.10  reassessing the risk level to which an offender has been 
 20.11  assigned under paragraph (e).  In a request for a reassessment, 
 20.12  the law enforcement agency which was responsible for the charge 
 20.13  resulting in confinement or agent shall list the facts and 
 20.14  circumstances arising after the initial assignment or facts and 
 20.15  circumstances known to law enforcement or the agent but not 
 20.16  considered by the committee under paragraph (e) which support 
 20.17  the request for a reassessment.  The request for reassessment by 
 20.18  the law enforcement agency must occur within 30 days of receipt 
 20.19  of the report indicating the offender's risk level assignment.  
 20.20  The offender's corrections agent, in consultation with the chief 
 20.21  law enforcement officer in the area where the offender resides 
 20.22  or intends to reside, may request a review of a risk level at 
 20.23  any time if substantial evidence exists that the offender's risk 
 20.24  level should be reviewed by an end-of-confinement review 
 20.25  committee.  This evidence includes, but is not limited to, 
 20.26  evidence of treatment failures or completions, evidence of 
 20.27  exceptional crime-free community adjustment or lack of 
 20.28  appropriate adjustment, evidence of substantial community need 
 20.29  to know more about the offender or mitigating circumstances that 
 20.30  would narrow the proposed scope of notification, or other 
 20.31  practical situations articulated and based in evidence of the 
 20.32  offender's behavior while under supervision.  Upon review of the 
 20.33  request, the end-of-confinement review committee may reassign an 
 20.34  offender to a different risk level.  If the offender is 
 20.35  reassigned to a higher risk level, the offender has the right to 
 20.36  seek review of the committee's determination under subdivision 6.
 21.1      (i) An offender may request the end-of-confinement review 
 21.2   committee to reassess the offender's assigned risk level after 
 21.3   three years have elapsed since the committee's initial risk 
 21.4   assessment and may renew the request once every two years 
 21.5   following subsequent denials.  In a request for reassessment, 
 21.6   the offender shall list the facts and circumstances which 
 21.7   demonstrate that the offender no longer poses the same degree of 
 21.8   risk to the community.  In order for a request for a risk level 
 21.9   reduction to be granted, the offender must demonstrate full 
 21.10  compliance with supervised release conditions, completion of 
 21.11  required post-release treatment programming, and full compliance 
 21.12  with all registration requirements as detailed in section 
 21.13  243.166.  The offender must also not have been convicted of any 
 21.14  felony, gross misdemeanor, or misdemeanor offenses subsequent to 
 21.15  the assignment of the original risk level.  The committee shall 
 21.16  follow the process outlined in paragraphs (a) to (e), and 
 21.17  (g) (c) in the reassessment.  An offender who is incarcerated 
 21.18  may not request a reassessment under this paragraph. 
 21.19     (j) Offenders returned to prison as release violators shall 
 21.20  not have a right to a subsequent risk reassessment by the 
 21.21  end-of-confinement review committee unless substantial evidence 
 21.22  indicates that the offender's risk to the public has increased. 
 21.23     (k) The commissioner shall establish an end-of-confinement 
 21.24  review committee to assign a risk level to offenders who are 
 21.25  released from a federal correctional facility in Minnesota or 
 21.26  another state and who intend to reside in Minnesota, and to 
 21.27  offenders accepted from another state under a reciprocal 
 21.28  agreement for parole supervision under the interstate compact 
 21.29  authorized by section 243.16.  The committee shall make 
 21.30  reasonable efforts to conform to the same timelines as applied 
 21.31  to Minnesota cases.  Offenders accepted from another state under 
 21.32  a reciprocal agreement for probation supervision are not 
 21.33  assigned a risk level, but are considered downward dispositional 
 21.34  departures.  The probation or court services officer and law 
 21.35  enforcement officer shall manage such cases in accordance with 
 21.36  section 244.10, subdivision 2a.  The policies and procedures of 
 22.1   the committee for federal offenders and interstate compact cases 
 22.2   must be in accordance with all requirements as set forth in this 
 22.3   section, unless restrictions caused by the nature of federal or 
 22.4   interstate transfers prevents such conformance. 
 22.5      (k) (l) If the committee assigns a predatory offender to 
 22.6   risk level III, the committee shall determine whether residency 
 22.7   restrictions shall be included in the conditions of the 
 22.8   offender's release based on the offender's pattern of offending 
 22.9   behavior. 
 22.10     Sec. 16.  Minnesota Statutes 2000, section 244.173, is 
 22.11  amended to read: 
 22.12     244.173 [CHALLENGE INCARCERATION PROGRAM; EVALUATION AND 
 22.13  REPORT.] 
 22.14     The commissioner shall develop a system for gathering and 
 22.15  analyzing information concerning the value and effectiveness of 
 22.16  the challenge incarceration program.  The commissioner shall 
 22.17  report to the committees of the house of representatives and 
 22.18  senate with jurisdiction over criminal justice policy by January 
 22.19  1, 1996, on the operation of the program. 
 22.20     Sec. 17.  Minnesota Statutes 2000, section 244.18, 
 22.21  subdivision 1, is amended to read: 
 22.22     Subdivision 1.  [DEFINITION.] As used in this section, 
 22.23  "local correctional fees" include fees for the following 
 22.24  correctional services:  
 22.25     (1) community service work placement and supervision; 
 22.26     (2) restitution collection; 
 22.27     (3) supervision; 
 22.28     (4) court ordered investigations; or 
 22.29     (5) any other court ordered service; 
 22.30     (6) post-prison supervision or other form of release; or 
 22.31     (7) supervision or other services provided to probationers 
 22.32  or parolees under section 243.16 to be provided by a local 
 22.33  probation and parole agency established under section 244.19 or 
 22.34  community corrections agency established under chapter 401. 
 22.35     Sec. 18.  Minnesota Statutes 2000, section 390.11, 
 22.36  subdivision 1, is amended to read: 
 23.1      Subdivision 1.  [DEATHS REQUIRING INQUESTS AND 
 23.2   INVESTIGATIONS.] Except as provided in subdivision 1a, the 
 23.3   coroner shall investigate and may conduct inquests in all human 
 23.4   deaths of the following types: 
 23.5      (1) violent deaths, whether apparently homicidal, suicidal, 
 23.6   or accidental, including but not limited to deaths due to 
 23.7   thermal, chemical, electrical, or radiational injury, and deaths 
 23.8   due to criminal abortion, whether apparently self induced or 
 23.9   not; 
 23.10     (2) deaths under unusual or mysterious circumstances; 
 23.11     (3) deaths of persons whose bodies are to be cremated, 
 23.12  dissected, buried at sea, or otherwise disposed of so that the 
 23.13  bodies will later be unavailable for examination; and 
 23.14     (4) deaths of inmates of public institutions who are not 
 23.15  hospitalized for organic disease and whose deaths are not of any 
 23.16  type referred to in clause (1) or (2).  
 23.17     Sec. 19.  Minnesota Statutes 2000, section 390.11, is 
 23.18  amended by adding a subdivision to read: 
 23.19     Subd. 1a.  [COMMISSIONER OF CORRECTIONS; INVESTIGATION OF 
 23.20  DEATHS.] The commissioner of corrections may require that all 
 23.21  department of corrections incarcerated deaths be reviewed by an 
 23.22  independent, contracted board-certified forensic pathologist. 
 23.23     Sec. 20.  Minnesota Statutes 2000, section 390.32, is 
 23.24  amended by adding a subdivision to read: 
 23.25     Subd. 11.  [COMMISSIONER OF CORRECTIONS; INVESTIGATION OF 
 23.26  DEATHS.] The commissioner of corrections may require that all 
 23.27  department of corrections incarcerated deaths be reviewed by an 
 23.28  independent, contracted board-certified forensic pathologist. 
 23.29     Sec. 21.  Minnesota Statutes 2000, section 609.341, 
 23.30  subdivision 11, is amended to read: 
 23.31     Subd. 11.  (a) "Sexual contact," for the purposes of 
 23.32  sections 609.343, subdivision 1, clauses (a) to (f), and 
 23.33  609.345, subdivision 1, clauses (a) to (e), and (h) to (l) (m), 
 23.34  includes any of the following acts committed without the 
 23.35  complainant's consent, except in those cases where consent is 
 23.36  not a defense, and committed with sexual or aggressive intent: 
 24.1      (i) the intentional touching by the actor of the 
 24.2   complainant's intimate parts, or 
 24.3      (ii) the touching by the complainant of the actor's, the 
 24.4   complainant's, or another's intimate parts effected by a person 
 24.5   in a position of authority, or by coercion, or by inducement if 
 24.6   the complainant is under 13 years of age or mentally impaired, 
 24.7   or 
 24.8      (iii) the touching by another of the complainant's intimate 
 24.9   parts effected by coercion or by a person in a position of 
 24.10  authority, or 
 24.11     (iv) in any of the cases above, the touching of the 
 24.12  clothing covering the immediate area of the intimate parts. 
 24.13     (b) "Sexual contact," for the purposes of sections 609.343, 
 24.14  subdivision 1, clauses (g) and (h), and 609.345, subdivision 1, 
 24.15  clauses (f) and (g), includes any of the following acts 
 24.16  committed with sexual or aggressive intent: 
 24.17     (i) the intentional touching by the actor of the 
 24.18  complainant's intimate parts; 
 24.19     (ii) the touching by the complainant of the actor's, the 
 24.20  complainant's, or another's intimate parts; 
 24.21     (iii) the touching by another of the complainant's intimate 
 24.22  parts; or 
 24.23     (iv) in any of the cases listed above, touching of the 
 24.24  clothing covering the immediate area of the intimate parts. 
 24.25     (c) "Sexual contact with a person under 13" means the 
 24.26  intentional touching of the complainant's bare genitals or anal 
 24.27  opening by the actor's bare genitals or anal opening with sexual 
 24.28  or aggressive intent or the touching by the complainant's bare 
 24.29  genitals or anal opening of the actor's or another's bare 
 24.30  genitals or anal opening with sexual or aggressive intent. 
 24.31     Sec. 22.  Minnesota Statutes 2000, section 609.344, 
 24.32  subdivision 1, is amended to read: 
 24.33     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 24.34  sexual penetration with another person is guilty of criminal 
 24.35  sexual conduct in the third degree if any of the following 
 24.36  circumstances exists:  
 25.1      (a) the complainant is under 13 years of age and the actor 
 25.2   is no more than 36 months older than the complainant.  Neither 
 25.3   mistake as to the complainant's age nor consent to the act by 
 25.4   the complainant shall be a defense; 
 25.5      (b) the complainant is at least 13 but less than 16 years 
 25.6   of age and the actor is more than 24 months older than the 
 25.7   complainant.  In any such case it shall be an affirmative 
 25.8   defense, which must be proved by a preponderance of the 
 25.9   evidence, that the actor believes the complainant to be 16 years 
 25.10  of age or older.  If the actor in such a case is no more than 48 
 25.11  months but more than 24 months older than the complainant, the 
 25.12  actor may be sentenced to imprisonment for not more than five 
 25.13  years.  Consent by the complainant is not a defense; 
 25.14     (c) the actor uses force or coercion to accomplish the 
 25.15  penetration; 
 25.16     (d) the actor knows or has reason to know that the 
 25.17  complainant is mentally impaired, mentally incapacitated, or 
 25.18  physically helpless; 
 25.19     (e) the complainant is at least 16 but less than 18 years 
 25.20  of age and the actor is more than 48 months older than the 
 25.21  complainant and in a position of authority over the complainant. 
 25.22  Neither mistake as to the complainant's age nor consent to the 
 25.23  act by the complainant is a defense; 
 25.24     (f) the actor has a significant relationship to the 
 25.25  complainant and the complainant was at least 16 but under 18 
 25.26  years of age at the time of the sexual penetration.  Neither 
 25.27  mistake as to the complainant's age nor consent to the act by 
 25.28  the complainant is a defense; 
 25.29     (g) the actor has a significant relationship to the 
 25.30  complainant, the complainant was at least 16 but under 18 years 
 25.31  of age at the time of the sexual penetration, and: 
 25.32     (i) the actor or an accomplice used force or coercion to 
 25.33  accomplish the penetration; 
 25.34     (ii) the complainant suffered personal injury; or 
 25.35     (iii) the sexual abuse involved multiple acts committed 
 25.36  over an extended period of time.  
 26.1      Neither mistake as to the complainant's age nor consent to 
 26.2   the act by the complainant is a defense; 
 26.3      (h) the actor is a psychotherapist and the complainant is a 
 26.4   patient of the psychotherapist and the sexual penetration 
 26.5   occurred: 
 26.6      (i) during the psychotherapy session; or 
 26.7      (ii) outside the psychotherapy session if an ongoing 
 26.8   psychotherapist-patient relationship exists.  
 26.9      Consent by the complainant is not a defense; 
 26.10     (i) the actor is a psychotherapist and the complainant is a 
 26.11  former patient of the psychotherapist and the former patient is 
 26.12  emotionally dependent upon the psychotherapist; 
 26.13     (j) the actor is a psychotherapist and the complainant is a 
 26.14  patient or former patient and the sexual penetration occurred by 
 26.15  means of therapeutic deception.  Consent by the complainant is 
 26.16  not a defense; 
 26.17     (k) the actor accomplishes the sexual penetration by means 
 26.18  of deception or false representation that the penetration is for 
 26.19  a bona fide medical purpose.  Consent by the complainant is not 
 26.20  a defense; or 
 26.21     (1) the actor is or purports to be a member of the clergy, 
 26.22  the complainant is not married to the actor, and: 
 26.23     (i) the sexual penetration occurred during the course of a 
 26.24  meeting in which the complainant sought or received religious or 
 26.25  spiritual advice, aid, or comfort from the actor in private; or 
 26.26     (ii) the sexual penetration occurred during a period of 
 26.27  time in which the complainant was meeting on an ongoing basis 
 26.28  with the actor to seek or receive religious or spiritual advice, 
 26.29  aid, or comfort in private.  Consent by the complainant is not a 
 26.30  defense; or 
 26.31     (m) the actor is an employee, independent contractor, or 
 26.32  volunteer of a state, county, city, or privately operated adult 
 26.33  or juvenile correctional system, including, but not limited to, 
 26.34  jails, prisons, detention centers, or work release facilities, 
 26.35  and the complainant is a resident of a facility or under 
 26.36  supervision of the correctional system.  Consent by the 
 27.1   complainant is not a defense. 
 27.2      Sec. 23.  Minnesota Statutes 2000, section 609.345, 
 27.3   subdivision 1, is amended to read: 
 27.4      Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 27.5   sexual contact with another person is guilty of criminal sexual 
 27.6   conduct in the fourth degree if any of the following 
 27.7   circumstances exists: 
 27.8      (a) the complainant is under 13 years of age and the actor 
 27.9   is no more than 36 months older than the complainant.  Neither 
 27.10  mistake as to the complainant's age or consent to the act by the 
 27.11  complainant is a defense.  In a prosecution under this clause, 
 27.12  the state is not required to prove that the sexual contact was 
 27.13  coerced; 
 27.14     (b) the complainant is at least 13 but less than 16 years 
 27.15  of age and the actor is more than 48 months older than the 
 27.16  complainant or in a position of authority over the complainant.  
 27.17  Consent by the complainant to the act is not a defense.  In any 
 27.18  such case, it shall be an affirmative defense which must be 
 27.19  proved by a preponderance of the evidence that the actor 
 27.20  believes the complainant to be 16 years of age or older; 
 27.21     (c) the actor uses force or coercion to accomplish the 
 27.22  sexual contact; 
 27.23     (d) the actor knows or has reason to know that the 
 27.24  complainant is mentally impaired, mentally incapacitated, or 
 27.25  physically helpless; 
 27.26     (e) the complainant is at least 16 but less than 18 years 
 27.27  of age and the actor is more than 48 months older than the 
 27.28  complainant and in a position of authority over the complainant. 
 27.29  Neither mistake as to the complainant's age nor consent to the 
 27.30  act by the complainant is a defense; 
 27.31     (f) the actor has a significant relationship to the 
 27.32  complainant and the complainant was at least 16 but under 18 
 27.33  years of age at the time of the sexual contact.  Neither mistake 
 27.34  as to the complainant's age nor consent to the act by the 
 27.35  complainant is a defense; 
 27.36     (g) the actor has a significant relationship to the 
 28.1   complainant, the complainant was at least 16 but under 18 years 
 28.2   of age at the time of the sexual contact, and: 
 28.3      (i) the actor or an accomplice used force or coercion to 
 28.4   accomplish the contact; 
 28.5      (ii) the complainant suffered personal injury; or 
 28.6      (iii) the sexual abuse involved multiple acts committed 
 28.7   over an extended period of time.  
 28.8      Neither mistake as to the complainant's age nor consent to 
 28.9   the act by the complainant is a defense; 
 28.10     (h) the actor is a psychotherapist and the complainant is a 
 28.11  patient of the psychotherapist and the sexual contact occurred: 
 28.12     (i) during the psychotherapy session; or 
 28.13     (ii) outside the psychotherapy session if an ongoing 
 28.14  psychotherapist-patient relationship exists.  Consent by the 
 28.15  complainant is not a defense; 
 28.16     (i) the actor is a psychotherapist and the complainant is a 
 28.17  former patient of the psychotherapist and the former patient is 
 28.18  emotionally dependent upon the psychotherapist; 
 28.19     (j) the actor is a psychotherapist and the complainant is a 
 28.20  patient or former patient and the sexual contact occurred by 
 28.21  means of therapeutic deception.  Consent by the complainant is 
 28.22  not a defense; 
 28.23     (k) the actor accomplishes the sexual contact by means of 
 28.24  deception or false representation that the contact is for a bona 
 28.25  fide medical purpose.  Consent by the complainant is not a 
 28.26  defense; or 
 28.27     (1) the actor is or purports to be a member of the clergy, 
 28.28  the complainant is not married to the actor, and: 
 28.29     (i) the sexual contact occurred during the course of a 
 28.30  meeting in which the complainant sought or received religious or 
 28.31  spiritual advice, aid, or comfort from the actor in private; or 
 28.32     (ii) the sexual contact occurred during a period of time in 
 28.33  which the complainant was meeting on an ongoing basis with the 
 28.34  actor to seek or receive religious or spiritual advice, aid, or 
 28.35  comfort in private.  Consent by the complainant is not a 
 28.36  defense; or 
 29.1      (m) the actor is an employee, independent contractor, or 
 29.2   volunteer of a state, county, city, or privately operated adult 
 29.3   or juvenile correctional system, including, but not limited to, 
 29.4   jails, prisons, detention centers, or work release facilities, 
 29.5   and the complainant is a resident of a facility or under 
 29.6   supervision of the correctional system.  Consent by the 
 29.7   complainant is not a defense. 
 29.8      Sec. 24.  Minnesota Statutes 2000, section 609.3452, 
 29.9   subdivision 1, is amended to read: 
 29.10     Subdivision 1.  [ASSESSMENT REQUIRED.] When a person is 
 29.11  convicted of a violation of section 609.342; 609.343; 609.344; 
 29.12  609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23, or 
 29.13  another offense arising out of a charge based on one or more of 
 29.14  those sections sex offense, the court shall order an independent 
 29.15  professional assessment of the offender's need for sex offender 
 29.16  treatment.  The court may waive the assessment if:  (1) the 
 29.17  sentencing guidelines provide a presumptive prison sentence for 
 29.18  the offender, or (2) an adequate assessment was conducted prior 
 29.19  to the conviction.  An assessor providing an assessment for the 
 29.20  court must be experienced in the evaluation and treatment of sex 
 29.21  offenders. 
 29.22     Sec. 25.  Minnesota Statutes 2000, section 609.3452, is 
 29.23  amended by adding a subdivision to read: 
 29.24     Subd. 1a.  [REPEAT OFFENDERS; MANDATORY ASSESSMENT.] When a 
 29.25  person is convicted of a felony-level sex offense, and the 
 29.26  person has previously been convicted of a sex offense regardless 
 29.27  of the penalty level, the court shall order a sex offender 
 29.28  assessment to be completed by the Minnesota security hospital.  
 29.29  The assessment must contain the facts upon which the assessment 
 29.30  conclusion is based, with reference to the offense history of 
 29.31  the offender or the severity of the current offense, the social 
 29.32  history of the offender, and the results of an examination of 
 29.33  the offender's mental status unless the offender refuses to be 
 29.34  examined.  The assessment conclusion may not be based on testing 
 29.35  alone.  Upon completion, the assessment must be forwarded to the 
 29.36  court and the commissioner of corrections.  The court shall 
 30.1   consider the assessment when sentencing the offender and, if 
 30.2   applicable, when making the preliminary determination regarding 
 30.3   the appropriateness of a civil commitment petition under section 
 30.4   609.1351. 
 30.5      Sec. 26.  Minnesota Statutes 2000, section 609.3452, is 
 30.6   amended by adding a subdivision to read: 
 30.7      Subd. 4.  [DEFINITION.] As used in this section, "sex 
 30.8   offense" means a violation of section 609.342; 609.343; 609.344; 
 30.9   609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23; or 
 30.10  another offense arising out of a charge based on one or more of 
 30.11  those sections. 
 30.12     Sec. 27.  Minnesota Statutes 2000, section 611A.19, is 
 30.13  amended to read: 
 30.14     611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY 
 30.15  VIRUS.] 
 30.16     Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) Upon 
 30.17  the request or with the consent of the victim, the prosecutor 
 30.18  shall make a motion in camera and the sentencing court shall 
 30.19  issue an order requiring an adult convicted of or a juvenile 
 30.20  adjudicated delinquent for violating section 609.342 (criminal 
 30.21  sexual conduct in the first degree), 609.343 (criminal sexual 
 30.22  conduct in the second degree), 609.344 (criminal sexual conduct 
 30.23  in the third degree), 609.345 (criminal sexual conduct in the 
 30.24  fourth degree), or any other violent crime, as defined in 
 30.25  section 609.1095, to submit to testing to determine the presence 
 30.26  of human immunodeficiency virus (HIV) antibody if:  
 30.27     (1) the crime involved sexual penetration, however slight, 
 30.28  as defined in section 609.341, subdivision 12; or 
 30.29     (2) evidence exists that the broken skin or mucous membrane 
 30.30  of the victim was exposed to or had contact with the offender's 
 30.31  semen or blood during the commission of the crime in a manner 
 30.32  which has been demonstrated epidemiologically to transmit the 
 30.33  human immunodeficiency virus (HIV).  
 30.34     (b) When the court orders an offender to submit to testing 
 30.35  under paragraph (a), the court shall order that the test be 
 30.36  performed by an appropriate health professional who is trained 
 31.1   to provide the counseling described in section 144.7414, and 
 31.2   that no reference to the test, the motion requesting the test, 
 31.3   the test order, or the test results may appear in the criminal 
 31.4   record or be maintained in any record of the court or court 
 31.5   services, except in the medical record maintained by the 
 31.6   department of corrections.  
 31.7      Subd. 2.  [DISCLOSURE OF TEST RESULTS.] The date and 
 31.8   results of a test performed under subdivision 1 are private data 
 31.9   as defined in section 13.02, subdivision 12, when maintained by 
 31.10  a person subject to chapter 13, or may be released only with the 
 31.11  subject's consent, if maintained by a person not subject to 
 31.12  chapter 13.  The results are available, on request, to the 
 31.13  victim or, if the victim is a minor, to the victim's parent or 
 31.14  guardian and positive test results shall be reported to the 
 31.15  commissioner of health.  Any test results given to a victim or 
 31.16  victim's parent or guardian shall be provided by a health 
 31.17  professional who is trained to provide the counseling described 
 31.18  in section 144.7414.  Data regarding administration and results 
 31.19  of the test are not accessible to any other person for any 
 31.20  purpose and shall not be maintained in any record of the court 
 31.21  or court services or any other record.  After the test results 
 31.22  are given to the victim or the victim's parent or guardian, data 
 31.23  on the test must be removed from any medical data or health 
 31.24  records maintained under section 13.384 or 144.335 and 
 31.25  destroyed, except for those medical records maintained by the 
 31.26  department of corrections. 
 31.27     Sec. 28.  Laws 1996, chapter 463, section 16, subdivision 
 31.28  3, as amended by Laws 1997, chapter 238, section 3, is amended 
 31.29  to read: 
 31.30  Subd. 3.  New Facility                               89,000,000
 31.31  To complete design and to construct, 
 31.32  furnish, and equip a new close-custody 
 31.33  correctional facility at custody level 
 31.34  four to provide at least 800 beds. 
 31.35  The commissioner of administration may 
 31.36  use construction delivery methods as 
 31.37  may be appropriate to minimize the cost 
 31.38  of the facility and maximize the 
 31.39  construction time savings.  
 32.1   Before final contract documents for 
 32.2   this project are advertised for 
 32.3   construction bids, the commissioners of 
 32.4   administration and corrections shall 
 32.5   certify to the chairs of the senate 
 32.6   finance committee, the senate crime 
 32.7   prevention finance division, the house 
 32.8   ways and means committee, the house 
 32.9   judiciary finance committee, and the 
 32.10  house capital investment committee that 
 32.11  the program scope of the project has 
 32.12  not increased since the project budget 
 32.13  was reviewed in accordance with 
 32.14  Minnesota Statutes, section 16B.335.  
 32.15  Upon receipt and evaluation of 
 32.16  construction bids and before awarding 
 32.17  contracts for the construction phase of 
 32.18  the project, the commissioners of 
 32.19  administration and finance shall inform 
 32.20  the chairs of the house ways and means 
 32.21  committee and the senate human 
 32.22  resources finance committee and the 
 32.23  chairs of the house and senate policy 
 32.24  and finance committees and divisions 
 32.25  having jurisdiction over criminal 
 32.26  justice issues of the project budget 
 32.27  necessary to complete that portion of 
 32.28  the project.  Any portion of this 
 32.29  appropriation that exceeds the project 
 32.30  budget shall be unallotted by the 
 32.31  commissioner of finance. 
 32.32  By February 1 of each year, the 
 32.33  commissioner shall report to the chairs 
 32.34  of the house judiciary committee and 
 32.35  senate crime prevention committee on 
 32.36  efforts to recruit a workforce for the 
 32.37  correctional facility that is 
 32.38  proportional to the protected groups in 
 32.39  the inmate population, the results of 
 32.40  the efforts, and recommendations for 
 32.41  achieving the goal of proportional 
 32.42  representation of protected class 
 32.43  employees in relation to the inmate 
 32.44  population. 
 32.45  The commissioner of corrections shall 
 32.46  construct an access road from state 
 32.47  trunk highway 361 to the parking lot of 
 32.48  the correctional facility.  The 
 32.49  commissioner of transportation shall 
 32.50  construct any necessary improvements at 
 32.51  the intersection of trunk highway 361 
 32.52  and the access road in order to 
 32.53  facilitate ingress to and egress from 
 32.54  the correctional facility. 
 32.55     Sec. 29.  [WORKFORCE REPORTS.] 
 32.56     The department of corrections shall continue to report on 
 32.57  its efforts to recruit a diverse workforce as required in 
 32.58  Minnesota Statutes, section 43A.191. 
 32.59     Sec. 30.  [REPEALER.] 
 32.60     Minnesota Statutes 2000, sections 241.016, subdivision 2, 
 32.61  241.19, and 242.51, are repealed. 
 33.1      Sec. 31.  [EFFECTIVE DATE.] 
 33.2      Sections 21 to 23 are effective June 1, 2001, and apply to 
 33.3   crimes committed on or after that date.  Sections 24 to 26 are 
 33.4   effective the day following final enactment." 
 33.5      Delete the title and insert: 
 33.6                          "A bill for an act 
 33.7             relating to corrections; making various changes to 
 33.8             laws involving the department of corrections, 
 33.9             including clarifying the community notification law, 
 33.10            striking and repealing obsolete and unnecessary 
 33.11            statutory language, clarifying who may be required to 
 33.12            pay the costs for the use of a correctional camp, 
 33.13            allowing licensed mental health professionals to admit 
 33.14            inmates to the mental health unit at MCF-Oak Park 
 33.15            Heights, altering the requirements of the department's 
 33.16            annual performance report, providing that 
 33.17            investigation of inmate deaths be initiated by the 
 33.18            commissioner of corrections, continuing the task force 
 33.19            for agency purchasing from correctional agencies, 
 33.20            creating a peer review committee in the health 
 33.21            correctional system; authorizing the commissioner to 
 33.22            inspect and certify juvenile facilities licensed by 
 33.23            the department of human services; requiring the 
 33.24            commissioners of corrections and human services to 
 33.25            develop alternative equivalent standards for chemical 
 33.26            dependency treatment programs for correctional 
 33.27            facilities under certain circumstances; requiring the 
 33.28            commissioner of corrections to contract with the 
 33.29            commissioner of human services for background studies 
 33.30            of individuals providing services in secure and 
 33.31            nonsecure juvenile residential and detention 
 33.32            facilities; making it a crime for employees, contract 
 33.33            personnel, or volunteers of a correctional system to 
 33.34            engage in certain sexual activities with offenders in 
 33.35            correctional facilities; requiring a sex offender 
 33.36            assessment for certain repeat sex offenders; 
 33.37            authorizing HIV test results to be maintained in 
 33.38            inmate medical records; requiring new per diem methods 
 33.39            to be used in annual reports; amending Minnesota 
 33.40            Statutes 2000, sections 16B.181, subdivision 2; 
 33.41            241.016, subdivision 1; 241.018; 241.021, subdivisions 
 33.42            1, 4, 4a, 6, by adding a subdivision; 241.67, 
 33.43            subdivision 8; 241.69; 242.32, subdivision 1a; 243.05, 
 33.44            subdivision 6; 243.51, subdivision 2; 243.53, 
 33.45            subdivision 1; 244.052, subdivision 3; 244.173; 
 33.46            244.18, subdivision 1; 390.11, subdivision 1, by 
 33.47            adding a subdivision; 390.32, by adding a subdivision; 
 33.48            609.341, subdivision 11; 609.344, subdivision 1; 
 33.49            609.345, subdivision 1; 609.3452, subdivision 1, by 
 33.50            adding subdivisions; 611A.19; Laws 1996, chapter 463, 
 33.51            section 16, subdivision 3, as amended; repealing 
 33.52            Minnesota Statutes 2000, sections 241.016, subdivision 
 33.53            2; 241.19; 242.51." 
 34.1      We request adoption of this report and repassage of the 
 34.2   bill. 
 34.5      House Conferees: 
 34.8   .........................     .........................
 34.9   Dave Bishop                   John Tuma  
 34.12  .........................     
 34.13  Debra Hilstrom                 
 34.18     Senate Conferees: 
 34.21  .........................     .........................
 34.22  Satveer Chaudhary             Jane B. Ranum  
 34.25  .........................     
 34.26  Grace S. Schwab