HF 1261

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the operation of state government; 
  1.3             requiring an annual report from the department of 
  1.4             corrections; providing certification standards for 
  1.5             juvenile facilities; requiring standards for chemical 
  1.6             dependency treatment programs; requiring the 
  1.7             commissioner of corrections to establish a health care 
  1.8             peer review committee; requiring commissioner of 
  1.9             corrections to contract with commissioner of human 
  1.10            services for background studies of individuals 
  1.11            providing services in certain facilities; removing 
  1.12            certain obsolete provisions in correction law; 
  1.13            clarifying responsibilities and updating language in 
  1.14            law governing correctional psychiatric unit; 
  1.15            authorizing a corrections agent to request a review of 
  1.16            an offender's risk level based on offender behavior in 
  1.17            the community; providing for investigation of deaths 
  1.18            occurring in correctional facilities; requiring judges 
  1.19            to determine if offenders are eligible for challenge 
  1.20            incarceration programs based upon correctional 
  1.21            department criteria; defining criminal sexual conduct 
  1.22            to include certain employees working in correctional 
  1.23            facilities; requiring mandatory sex offender 
  1.24            assessments for repeat offenders; providing that human 
  1.25            immunodeficiency virus testing data of sex offenders 
  1.26            to be maintained in correctional medical records; 
  1.27            amending Minnesota Statutes 2000, sections 241.016, 
  1.28            subdivision 1; 241.021, subdivisions 1, 4, 4a, 6, by 
  1.29            adding a subdivision; 241.67, subdivision 8; 241.69; 
  1.30            242.32, subdivision 1a; 243.05, subdivision 6; 243.51, 
  1.31            subdivision 2; 243.53, subdivision 1; 244.052, 
  1.32            subdivision 3; 244.17, subdivision 1; 244.173; 390.11, 
  1.33            subdivision 1, by adding a subdivision; 390.32, by 
  1.34            adding a subdivision; 609.105, by adding a 
  1.35            subdivision; 609.341, subdivision 11; 609.344, 
  1.36            subdivision 1; 609.345, subdivision 1; 609.3452, 
  1.37            subdivision 1, by adding subdivisions; 611A.19; Laws 
  1.38            1996, chapter 463, section 16, subdivision 3, as 
  1.39            amended; repealing Minnesota Statutes 2000, sections 
  1.40            241.016, subdivision 2; 241.018; 241.19; 241.272, 
  1.41            subdivision 7; 242.51. 
  1.42  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.43     Section 1.  Minnesota Statutes 2000, section 241.016, 
  2.1   subdivision 1, is amended to read: 
  2.2      Subdivision 1.  [ANNUAL REPORT.] Notwithstanding section 
  2.3   15.91, The department of corrections shall issue submit a 
  2.4   performance report by November 30 of each year to the chairs and 
  2.5   ranking minority members of the senate and house committees and 
  2.6   divisions having jurisdiction over criminal justice funding by 
  2.7   January 15 of each year.  The issuance and content of the report 
  2.8   must conform with section 15.91. include the following: 
  2.9      (1) department strategic mission, goals, and objectives; 
  2.10     (2) the department-wide per diem, adult facility-specific 
  2.11  per diems, and an average per diem, reported in a standard 
  2.12  calculated method as outlined in the departmental policies and 
  2.13  procedures; 
  2.14     (3) department annual statistics as outlined in the 
  2.15  departmental policies and procedures; and 
  2.16     (4) on an alternating basis, the department shall complete 
  2.17  a detailed recidivism analysis of the adult facility, juvenile 
  2.18  services, and community services divisions, reporting on one of 
  2.19  these three areas each year. 
  2.20     Sec. 2.  Minnesota Statutes 2000, section 241.021, 
  2.21  subdivision 1, is amended to read: 
  2.22     Subdivision 1.  [SUPERVISION OVER CORRECTIONAL 
  2.23  INSTITUTIONS.] (1) (a) Except as provided in paragraph (b), the 
  2.24  commissioner of corrections shall inspect and license all 
  2.25  correctional facilities throughout the state, whether public or 
  2.26  private, established and operated for the detention and 
  2.27  confinement of persons detained or confined therein according to 
  2.28  law except to the extent that they are inspected or licensed by 
  2.29  other state regulating agencies.  The commissioner shall 
  2.30  promulgate pursuant to chapter 14, rules establishing minimum 
  2.31  standards for these facilities with respect to their management, 
  2.32  operation, physical condition, and the security, safety, health, 
  2.33  treatment, and discipline of persons detained or confined 
  2.34  therein.  Commencing September 1, 1980, no individual, 
  2.35  corporation, partnership, voluntary association, or other 
  2.36  private organization legally responsible for the operation of a 
  3.1   correctional facility may operate the facility unless licensed 
  3.2   by the commissioner of corrections.  The commissioner shall 
  3.3   review the correctional facilities described in this subdivision 
  3.4   at least once every biennium, except as otherwise provided 
  3.5   herein, to determine compliance with the minimum standards 
  3.6   established pursuant to this subdivision.  The commissioner 
  3.7   shall grant a license to any facility found to conform to 
  3.8   minimum standards or to any facility which, in the 
  3.9   commissioner's judgment, is making satisfactory progress toward 
  3.10  substantial conformity and the interests and well-being of the 
  3.11  persons detained or confined therein are protected.  The 
  3.12  commissioner may grant licensure up to two years.  The 
  3.13  commissioner shall have access to the buildings, grounds, books, 
  3.14  records, staff, and to persons detained or confined in these 
  3.15  facilities.  The commissioner may require the officers in charge 
  3.16  of these facilities to furnish all information and statistics 
  3.17  the commissioner deems necessary, at a time and place designated 
  3.18  by the commissioner.  The commissioner may require that any or 
  3.19  all such information be provided through the department of 
  3.20  corrections detention information system.  The education program 
  3.21  offered in a correctional facility for the detention or 
  3.22  confinement of juvenile offenders must be approved by the 
  3.23  commissioner of children, families, and learning before the 
  3.24  commissioner of corrections may grant a license to the facility. 
  3.25     (b) For juvenile facilities licensed by the commissioner of 
  3.26  human services, the commissioner may inspect and certify 
  3.27  programs based on certification standards set forth in Minnesota 
  3.28  Rules.  For the purpose of this paragraph, "certification" has 
  3.29  the meaning given it in section 245A.02, subdivision 4. 
  3.30     (2) (c) Any state agency which regulates, inspects, or 
  3.31  licenses certain aspects of correctional facilities shall, 
  3.32  insofar as is possible, ensure that the minimum standards it 
  3.33  requires are substantially the same as those required by other 
  3.34  state agencies which regulate, inspect, or license the same 
  3.35  aspects of similar types of correctional facilities, although at 
  3.36  different correctional facilities. 
  4.1      (3) (d) Nothing in this section shall be construed to limit 
  4.2   the commissioner of corrections' authority to promulgate rules 
  4.3   establishing standards of eligibility for counties to receive 
  4.4   funds under sections 401.01 to 401.16, or to require counties to 
  4.5   comply with operating standards the commissioner establishes as 
  4.6   a condition precedent for counties to receive that funding. 
  4.7      (4) (e) When the commissioner finds that any facility 
  4.8   described in clause (1) paragraph (a), except foster care 
  4.9   facilities for delinquent children and youth as provided in 
  4.10  subdivision 2, does not substantially conform to the minimum 
  4.11  standards established by the commissioner and is not making 
  4.12  satisfactory progress toward substantial conformance, the 
  4.13  commissioner shall promptly notify the chief executive officer 
  4.14  and the governing board of the facility of the deficiencies and 
  4.15  order that they be remedied within a reasonable period of time.  
  4.16  The commissioner may by written order restrict the use of any 
  4.17  facility which does not substantially conform to minimum 
  4.18  standards to prohibit the detention of any person therein for 
  4.19  more than 72 hours at one time.  When, after due notice and 
  4.20  hearing, the commissioner finds that any facility described in 
  4.21  this subdivision, except county jails and lockups as provided in 
  4.22  sections 641.26, 642.10, and 642.11, does not conform to minimum 
  4.23  standards, or is not making satisfactory progress toward 
  4.24  substantial compliance therewith, the commissioner may issue an 
  4.25  order revoking the license of that facility.  After revocation 
  4.26  of its license, that facility shall not be used until its 
  4.27  license is renewed.  When the commissioner is satisfied that 
  4.28  satisfactory progress towards substantial compliance with 
  4.29  minimum standard is being made, the commissioner may, at the 
  4.30  request of the appropriate officials of the affected facility 
  4.31  supported by a written schedule for compliance, grant an 
  4.32  extension of time for a period not to exceed one year. 
  4.33     (5) (f) As used in this subdivision, "correctional facility"
  4.34  means any facility, including a group home, having a residential 
  4.35  component, the primary purpose of which is to serve persons 
  4.36  placed therein by a court, court services department, parole 
  5.1   authority, or other correctional agency having dispositional 
  5.2   power over persons charged with, convicted, or adjudicated to be 
  5.3   guilty or delinquent. 
  5.4      Sec. 3.  Minnesota Statutes 2000, section 241.021, 
  5.5   subdivision 4, is amended to read: 
  5.6      Subd. 4.  [HEALTH CARE.] The commissioner of corrections 
  5.7   shall provide professional health care to persons confined in 
  5.8   institutions under the control of the commissioner of 
  5.9   corrections and pay the costs of their care in hospitals and 
  5.10  other medical facilities not under the control of the 
  5.11  commissioner of corrections, including the secure treatment unit 
  5.12  operated by the St. Paul - Ramsey Hospital.  All reimbursements 
  5.13  for these health care services shall be deposited in the general 
  5.14  fund.  The commissioner of corrections is authorized to contract 
  5.15  with entities, including health care management companies, to 
  5.16  provide health care to inmates.  With respect to these 
  5.17  contracts, these entities shall not be regulated as, or 
  5.18  otherwise considered to be, health plan companies as defined in 
  5.19  section 62Q.01, subdivision 4. 
  5.20     Sec. 4.  Minnesota Statutes 2000, section 241.021, 
  5.21  subdivision 4a, is amended to read: 
  5.22     Subd. 4a.  [CHEMICAL DEPENDENCY TREATMENT PROGRAMS.] All 
  5.23  residential chemical dependency treatment programs operated by 
  5.24  the commissioner of corrections to treat adults and juveniles 
  5.25  committed to the commissioner's custody shall comply with the 
  5.26  standards mandated in Minnesota Rules, parts 9530.4100 to 
  5.27  9530.6500, or successor rule parts for treatment programs 
  5.28  operated by community-based residential treatment facilities.  
  5.29  When the commissioners of corrections and human services agree 
  5.30  that these established standards for community-based programs 
  5.31  cannot reasonably apply to correctional facilities, alternative 
  5.32  equivalent standards shall be developed by the commissioners and 
  5.33  established through an interagency agreement. 
  5.34     Sec. 5.  Minnesota Statutes 2000, section 241.021, is 
  5.35  amended by adding a subdivision to read: 
  5.36     Subd. 4b.  [REVIEW ORGANIZATION.] The commissioner of 
  6.1   corrections must establish a health care peer review committee.  
  6.2   Sections 145.61 to 145.67 apply to the committee.  The committee 
  6.3   must gather, review, and evaluate information relating to the 
  6.4   on-site and off-site care and treatment of offenders.  The 
  6.5   committee must consist of: 
  6.6      (1) the director of health services; 
  6.7      (2) the department medical director; 
  6.8      (3) the regional medical director of the contracted health 
  6.9   care vendor; 
  6.10     (4) the department director of nursing; 
  6.11     (5) a physician from the contracting hospital provider; and 
  6.12     (6) another physician who provides health care to offenders 
  6.13  on site at a correctional facility. 
  6.14     Sec. 6.  Minnesota Statutes 2000, section 241.021, 
  6.15  subdivision 6, is amended to read: 
  6.16     Subd. 6.  [BACKGROUND STUDIES.] (a) The commissioner of 
  6.17  corrections is authorized to do background studies on personnel 
  6.18  employed by any facility serving children or youth that is 
  6.19  licensed under this section.  The commissioner of corrections 
  6.20  shall contract with the commissioner of human services to 
  6.21  conduct background studies of individuals providing services in 
  6.22  secure and nonsecure residential facilities and detention 
  6.23  facilities which have direct contact, as defined under section 
  6.24  245A.04, subdivision 3, with persons served in the facilities.  
  6.25  A disqualification of an individual in this section shall 
  6.26  disqualify the individual from positions allowing direct contact 
  6.27  or access to persons and residents receiving services in 
  6.28  programs licensed by the departments of health and human 
  6.29  services.  
  6.30     (b) A clerk or administrator of any court, the bureau of 
  6.31  criminal apprehension, a prosecuting attorney, a county sheriff, 
  6.32  or a chief of a local police department, shall assist in these 
  6.33  studies by providing to the commissioner of human services, or 
  6.34  the commissioner's representative, all criminal conviction data 
  6.35  available from local, state, and national criminal history 
  6.36  record repositories, including the criminal justice data 
  7.1   communications network, pertaining to the following individuals: 
  7.2   applicants, operators, all persons living in the household, and 
  7.3   all staff of any facility subject to background studies under 
  7.4   this subdivision.  
  7.5      (c) The department of human services shall conduct the 
  7.6   background studies required by paragraph (a) in compliance with 
  7.7   the provisions of chapter 245A.  For the purpose of this 
  7.8   subdivision, the term "secure and nonsecure residential facility 
  7.9   and detention facility" shall include programs licensed or 
  7.10  certified under subdivision 2.  The department of human services 
  7.11  shall provide necessary forms and instructions, conduct the 
  7.12  necessary background studies of individuals, and provide 
  7.13  notification of the results of the studies to the facilities, 
  7.14  individuals, and commissioner of corrections.  Individuals shall 
  7.15  be disqualified under the provisions of chapter 245A. 
  7.16     If an individual is disqualified, the department of human 
  7.17  services shall notify the facility and the individual and shall 
  7.18  inform the individual of the right to request a reconsideration 
  7.19  of the disqualification by submitting the request to the 
  7.20  department of corrections. 
  7.21     (d) The commissioner of corrections shall review and decide 
  7.22  reconsideration requests, including the granting of variances, 
  7.23  in accordance with the procedures and criteria contained in 
  7.24  chapter 245A.  The commissioner's decision shall be provided to 
  7.25  the individual and to the department of human services.  The 
  7.26  commissioner's decision to grant or deny a reconsideration of 
  7.27  disqualification is the final administrative agency action. 
  7.28     (e) Facilities described in paragraph (a) shall be 
  7.29  responsible for cooperating with the departments in implementing 
  7.30  the provisions of this subdivision.  The responsibilities 
  7.31  imposed on applicants and licensees under chapter 245A shall 
  7.32  apply to these facilities.  The provisions of section 245A.04, 
  7.33  subdivision 3, paragraph (e), shall apply to an applicant's, 
  7.34  licensee's, or individual's refusal to cooperate with the 
  7.35  completion of the background studies. 
  7.36     Sec. 7.  Minnesota Statutes 2000, section 241.67, 
  8.1   subdivision 8, is amended to read: 
  8.2      Subd. 8.  [COMMUNITY-BASED SEX OFFENDER PROGRAM EVALUATION 
  8.3   PROJECT.] (a) For the purposes of this project, a sex offender 
  8.4   is an adult who has been convicted, or a juvenile who has been 
  8.5   adjudicated, for a sex offense or a sex-related offense which 
  8.6   would require registration under section 243.166. 
  8.7      (b) The commissioner shall develop a long-term project to 
  8.8   accomplish the following: 
  8.9      (1) provide follow-up information on each sex offender for 
  8.10  a period of three years following the offender's completion of 
  8.11  or termination from treatment; 
  8.12     (2) provide treatment programs in several geographical 
  8.13  areas in the state; 
  8.14     (3) provide the necessary data to form the basis to 
  8.15  recommend a fiscally sound plan to provide a coordinated 
  8.16  statewide system of effective sex offender treatment 
  8.17  programming; and 
  8.18     (4) provide an opportunity to local and regional 
  8.19  governments, agencies, and programs to establish models of sex 
  8.20  offender programs that are suited to the needs of that region. 
  8.21     (c) The commissioner shall provide the legislature with an 
  8.22  annual report of the data collected and the status of the 
  8.23  project by October 15 of each year, beginning in 1993. 
  8.24     (d) The commissioner shall establish an advisory task force 
  8.25  consisting of county probation officers from Community 
  8.26  Corrections Act counties and other counties, court services 
  8.27  providers, and other interested officials.  The commissioner 
  8.28  shall consult with the task force concerning the establishment 
  8.29  and operation of the project. 
  8.30     Sec. 8.  Minnesota Statutes 2000, section 241.69, is 
  8.31  amended to read: 
  8.32     241.69 [PSYCHIATRIC UNIT; ESTABLISHMENT.] 
  8.33     Subdivision 1.  [AUTHORITY; RULES.] The commissioner of 
  8.34  corrections shall, in accordance with applicable rules and 
  8.35  standards prescribed by the departments department of health and 
  8.36  welfare human services, establish, staff, equip, maintain and 
  9.1   operate at one of the adult correctional institutions under the 
  9.2   commissioner's control a psychiatric mental health unit for the 
  9.3   care and treatment of those inmates of state correctional 
  9.4   institutions who become mentally ill. 
  9.5      Subd. 2.  [EXAMINATION.] When any person confined in an 
  9.6   adult correctional institution under the control of the 
  9.7   commissioner of corrections is alleged to be a mentally ill 
  9.8   person, the chief executive officer director of psychological 
  9.9   services, warden, or other person in charge of the institution 
  9.10  shall cause the person to be examined by a licensed physician 
  9.11  especially qualified in the diagnosis of mental illness, or, if 
  9.12  none is available, by any licensed physician or 
  9.13  licensed psychologist mental health professional available to 
  9.14  the institution. 
  9.15     Subd. 3.  [TRANSFER.] If the examining physician or 
  9.16  psychologist licensed mental health professional finds the 
  9.17  person to be mentally ill and in need of short term care, the 
  9.18  examining physician health care professional may recommend 
  9.19  transfer by the commissioner of corrections to the psychiatric 
  9.20  mental health unit established pursuant to subdivision 1. 
  9.21     Subd. 4.  [COMMITMENT.] If the examining physician health 
  9.22  care professional or psychologist licensed mental health 
  9.23  professional finds the person to be mentally ill and in need of 
  9.24  long term care in a hospital, or if an inmate transferred 
  9.25  pursuant to subdivision 3 refuses to voluntarily participate in 
  9.26  the treatment program at the psychiatric mental health unit, the 
  9.27  chief executive officer of director of psychological services of 
  9.28  the institution or other person in charge the mental health 
  9.29  professional shall initiate proceedings for judicial commitment 
  9.30  as provided in section 253B.07.  Upon the recommendation of 
  9.31  the physician or psychologist licensed mental health 
  9.32  professional and upon completion of the hearing and 
  9.33  consideration of the record, the court may commit the person to 
  9.34  the psychiatric mental health unit established in subdivision 1 
  9.35  or to another hospital.  A person confined in a state 
  9.36  correctional institution for adults who has been adjudicated to 
 10.1   be mentally ill and in need of treatment may be committed to the 
 10.2   commissioner of corrections and placed in the psychiatric mental 
 10.3   health unit established in subdivision 1.  
 10.4      Subd. 5.  [DISCHARGE.] The chief medical officer director 
 10.5   of psychological services of the psychiatric mental health unit 
 10.6   established under this section may, subject to the provisions of 
 10.7   chapter 253B, provisionally discharge any inmate patient 
 10.8   admitted as mentally ill without discharging the commitment and 
 10.9   order the inmate patient's release into the general population 
 10.10  of the institution from which admitted, subject to return to the 
 10.11  facility for further treatment. 
 10.12     When the chief medical officer director of psychological 
 10.13  services of the facility certifies that a patient is no longer 
 10.14  in need of institutional care for mental illness the chief 
 10.15  medical officer director of psychological services shall 
 10.16  discharge the patient to the institution from which committed, 
 10.17  and the discharge shall also discharge the mental illness 
 10.18  commitment. 
 10.19     A copy of the certification that the inmate is no longer in 
 10.20  need of care for mental illness shall be transmitted to the 
 10.21  commissioner of corrections.  The commissioner of corrections 
 10.22  shall give serious consideration to the aforementioned 
 10.23  certification for purposes of their supervision over the inmate 
 10.24  upon the inmate's release. 
 10.25     Subd. 6.  [TRANSFER UPON EXPIRATION OF SENTENCE.] If the 
 10.26  sentence of a person who has been adjudicated to be mentally ill 
 10.27  and committed to the psychiatric mental health unit established 
 10.28  under this section should expire before the person recovers and 
 10.29  is discharged therefrom, and, in the judgment of the chief 
 10.30  medical officer director of psychological services of the unit, 
 10.31  the person requires further hospitalization for mental illness, 
 10.32  the person shall be transferred by the commissioner of 
 10.33  corrections to a state hospital designated by the commissioner 
 10.34  of human services, there to be detained as in the case of other 
 10.35  mentally ill persons under judicial commitment. 
 10.36     Subd. 7.  [COSTS.] The costs of the commitment proceedings 
 11.1   under this section shall be borne by the state. 
 11.2      Subd. 8.  [DEFINITIONS.] For the purposes of this section, 
 11.3   the words defined in section 253B.02 have the meanings given 
 11.4   them in that section. 
 11.5      Sec. 9.  Minnesota Statutes 2000, section 242.32, 
 11.6   subdivision 1a, is amended to read: 
 11.7      Subd. 1a.  [ALTERNATIVE RESIDENTIAL PROGRAMS; FUNDING.] The 
 11.8   commissioner of corrections may establish and operate 
 11.9   alternative residential programs for juveniles.  Programming is 
 11.10  available to court and social service agencies for placement of 
 11.11  juveniles to act as early intervention in juvenile crime.  The 
 11.12  commissioner shall require participating state or federal 
 11.13  agencies and local units of government sending participants to 
 11.14  the program to pay the cost of the program.  Funds received by 
 11.15  the commissioner for the cost of the program from state and 
 11.16  federal agencies and local units of government under this 
 11.17  subdivision must be deposited in the state treasury and credited 
 11.18  to a special account.  Money in the account is appropriated to 
 11.19  the commissioner to fund the program. 
 11.20     Sec. 10.  Minnesota Statutes 2000, section 243.05, 
 11.21  subdivision 6, is amended to read: 
 11.22     Subd. 6.  [SUPERVISION BY COMMISSIONER OF CORRECTIONS; 
 11.23  AGENTS.] (a) The commissioner of corrections, as far as 
 11.24  possible, shall exercise supervision over persons released on 
 11.25  parole or probation pursuant to this section and section 242.19. 
 11.26     (b) The commissioner of corrections shall exercise 
 11.27  supervision over probationers as provided in section 609.135, 
 11.28  and over persons conditionally released pursuant to section 
 11.29  241.26. 
 11.30     (c) For the purposes of clauses (a) and (b), and sections 
 11.31  609.115 and 609.135, subdivision 1, the commissioner shall 
 11.32  appoint state agents who shall be in the classified service of 
 11.33  the state civil service.  The commissioner may also appoint 
 11.34  suitable persons in any part of the state or enter into 
 11.35  agreements with individuals and public or private agencies, for 
 11.36  the same purposes, and pay the costs incurred under the 
 12.1   agreements.  Parole agents shall reside in the various districts 
 12.2   of the state in which they are employed.  Each agent or person 
 12.3   shall perform the duties the commissioner may prescribe in 
 12.4   behalf of or in the supervision of those persons described in 
 12.5   clause (b).  In addition, each agent or person shall act under 
 12.6   the orders of the commissioner in the supervision of those 
 12.7   persons conditionally released as provided in clause (a).  
 12.8   Agents shall provide assistance to conditionally released 
 12.9   persons in obtaining employment, and shall conduct relevant 
 12.10  investigations and studies of persons under supervision upon the 
 12.11  request of the commissioner.  Regional supervisors may also 
 12.12  supervise state parole agents as directed by the commissioner of 
 12.13  corrections. This duty shall not interfere with the supervisor's 
 12.14  responsibility under the County Probation Act, Laws 1959, 
 12.15  chapter 698. 
 12.16     Sec. 11.  Minnesota Statutes 2000, section 243.51, 
 12.17  subdivision 2, is amended to read: 
 12.18     Subd. 2.  [TRANSFER OF INMATES TO FEDERAL GOVERNMENT.] The 
 12.19  commissioner of corrections may transfer to the custody of the 
 12.20  United States attorney general any inmate of the a Minnesota 
 12.21  correctional facility-Stillwater or the Minnesota correctional 
 12.22  facility-Shakopee facility whose presence is seriously 
 12.23  detrimental to the internal discipline and well-being of the 
 12.24  facility, or whose personal safety cannot be reasonably secured 
 12.25  therein or in any other state facility, provided the attorney 
 12.26  general of the United States accept such transfer.  Such 
 12.27  transfer shall be accomplished in the manner prescribed by 
 12.28  United States Code, title 18, section 5003 and acts amendatory 
 12.29  thereof, and the commissioner of corrections may execute such 
 12.30  contracts as therein provided.  The reimbursement of the federal 
 12.31  government for all costs and expenses incurred for the care, 
 12.32  custody, subsistence, education, treatment and training of such 
 12.33  transferee shall be paid from the appropriation for the 
 12.34  operation of the Minnesota correctional facility-Stillwater or 
 12.35  the Minnesota correctional facility-Shakopee facility from which 
 12.36  the inmate was transferred.  
 13.1      The chief executive officer of the transferring facility 
 13.2   shall attach to such contract a duly certified copy of the 
 13.3   warrant of commitment under which such inmate is held, together 
 13.4   with copies of such other commitment papers as are required by 
 13.5   section 243.49, and such other data relating to the character 
 13.6   and condition of such inmates as the officer may deem necessary 
 13.7   or may be required by the federal prison authorities. Such copy 
 13.8   of the warrant of commitment and accompanying papers shall 
 13.9   constitute sufficient authority for the United States to hold 
 13.10  such inmate on behalf of the state of Minnesota.  
 13.11     Any inmate so transferred under this subdivision shall be 
 13.12  subject to the terms and conditions of the inmate's original 
 13.13  sentence as if the inmate were serving the same within the 
 13.14  confines of the facility from which transferred.  Nothing herein 
 13.15  contained shall deprive such inmate of the right to parole or 
 13.16  the rights to legal process in the courts of this state. 
 13.17     Sec. 12.  Minnesota Statutes 2000, section 243.53, 
 13.18  subdivision 1, is amended to read: 
 13.19     Subdivision 1.  [SEPARATE CELLS.] (a) When there are 
 13.20  sufficient cells available, each inmate shall be confined in a 
 13.21  separate cell.  Each inmate shall be confined in a separate cell 
 13.22  in institutions classified by the commissioner as custody level 
 13.23  five and six institutions.  This requirement does not apply to 
 13.24  the following: 
 13.25     (1) geriatric dormitory-type facilities; 
 13.26     (2) honor dormitory-type facilities; and 
 13.27     (3) any other multiple occupancy facility at a custody 
 13.28  level five or six institution that confines inmates who could be 
 13.29  confined in an institution at custody level four or lower. 
 13.30     (b) Correctional institutions classified by the 
 13.31  commissioner as custody level one, two, three, or four 
 13.32  institutions must permit multiple occupancy, except segregation 
 13.33  units, to the greatest extent possible.  The commissioner shall 
 13.34  annually publish a list of the custody levels of all 
 13.35  correctional institutions. 
 13.36     Sec. 13.  Minnesota Statutes 2000, section 244.052, 
 14.1   subdivision 3, is amended to read: 
 14.2      Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
 14.3   commissioner of corrections shall establish and administer 
 14.4   end-of-confinement review committees at each state correctional 
 14.5   facility and at each state treatment facility where predatory 
 14.6   offenders are confined.  The committees shall assess on a 
 14.7   case-by-case basis the public risk posed by predatory offenders 
 14.8   who are about to be released from confinement. 
 14.9      (b) Each committee shall be a standing committee and shall 
 14.10  consist of the following members appointed by the commissioner: 
 14.11     (1) the chief executive officer or head of the correctional 
 14.12  or treatment facility where the offender is currently confined, 
 14.13  or that person's designee; 
 14.14     (2) a law enforcement officer; 
 14.15     (3) a treatment professional who is trained in the 
 14.16  assessment of sex offenders; 
 14.17     (4) a caseworker experienced in supervising sex offenders; 
 14.18  and 
 14.19     (5) a victim's services professional. 
 14.20     Members of the committee, other than the facility's chief 
 14.21  executive officer or head, shall be appointed by the 
 14.22  commissioner to two-year terms.  The chief executive officer or 
 14.23  head of the facility or designee shall act as chair of the 
 14.24  committee and shall use the facility's staff, as needed, to 
 14.25  administer the committee, obtain necessary information from 
 14.26  outside sources, and prepare risk assessment reports on 
 14.27  offenders. 
 14.28     (c) The committee shall have access to the following data 
 14.29  on a predatory offender only for the purposes of its assessment 
 14.30  and to defend the committee's risk assessment determination upon 
 14.31  administrative review under this section: 
 14.32     (1) private medical data under section 13.384 or 144.335, 
 14.33  or welfare data under section 13.46 that relate to medical 
 14.34  treatment of the offender; 
 14.35     (2) private and confidential court services data under 
 14.36  section 13.84; 
 15.1      (3) private and confidential corrections data under section 
 15.2   13.85; and 
 15.3      (4) private criminal history data under section 13.87. 
 15.4      Data collected and maintained by the committee under this 
 15.5   paragraph may not be disclosed outside the committee, except as 
 15.6   provided under section 13.05, subdivision 3 or 4.  The predatory 
 15.7   offender has access to data on the offender collected and 
 15.8   maintained by the committee, unless the data are confidential 
 15.9   data received under this paragraph. 
 15.10     (d)(i) Except as otherwise provided in item (ii), at least 
 15.11  90 days before a predatory offender is to be released from 
 15.12  confinement, the commissioner of corrections shall convene the 
 15.13  appropriate end-of-confinement review committee for the purpose 
 15.14  of assessing the risk presented by the offender and determining 
 15.15  the risk level to which the offender shall be assigned under 
 15.16  paragraph (e).  The offender and the law enforcement agency that 
 15.17  was responsible for the charge resulting in confinement shall be 
 15.18  notified of the time and place of the committee's meeting.  The 
 15.19  offender has a right to be present and be heard at the meeting.  
 15.20  The law enforcement agency may provide material in writing that 
 15.21  is relevant to the offender's risk level to the chair of the 
 15.22  committee.  The committee shall use the risk factors described 
 15.23  in paragraph (g) and the risk assessment scale developed under 
 15.24  subdivision 2 to determine the offender's risk assessment score 
 15.25  and risk level.  Offenders scheduled for release from 
 15.26  confinement shall be assessed by the committee established at 
 15.27  the facility from which the offender is to be released.  
 15.28     (ii) If an offender is received for confinement in a 
 15.29  facility with less than 90 days remaining in the offender's term 
 15.30  of confinement, the offender's risk shall be assessed at the 
 15.31  first regularly scheduled end of confinement review committee 
 15.32  that convenes after the appropriate documentation for the risk 
 15.33  assessment is assembled by the committee.  The commissioner 
 15.34  shall make reasonable efforts to ensure that offender's risk is 
 15.35  assessed and a risk level is assigned or reassigned at least 30 
 15.36  days before the offender's release date. 
 16.1      (e) The committee shall assign to risk level I a predatory 
 16.2   offender whose risk assessment score indicates a low risk of 
 16.3   reoffense.  The committee shall assign to risk level II an 
 16.4   offender whose risk assessment score indicates a moderate risk 
 16.5   of reoffense.  The committee shall assign to risk level III an 
 16.6   offender whose risk assessment score indicates a high risk of 
 16.7   reoffense. 
 16.8      (f) Before the predatory offender is released from 
 16.9   confinement, the committee shall prepare a risk assessment 
 16.10  report which specifies the risk level to which the offender has 
 16.11  been assigned and the reasons underlying the committee's risk 
 16.12  assessment decision.  The committee shall give the report to the 
 16.13  offender and to the law enforcement agency at least 60 days 
 16.14  before an offender is released from confinement.  If the risk 
 16.15  assessment is performed under the circumstances described in 
 16.16  paragraph (d), item (ii), the report shall be given to the 
 16.17  offender and the law enforcement agency as soon as it is 
 16.18  available.  The committee also shall inform the offender of the 
 16.19  availability of review under subdivision 6. 
 16.20     (g) As used in this subdivision, "risk factors" includes, 
 16.21  but is not limited to, the following factors: 
 16.22     (1) the seriousness of the offense should the offender 
 16.23  reoffend.  This factor includes consideration of the following:  
 16.24     (i) the degree of likely force or harm; 
 16.25     (ii) the degree of likely physical contact; and 
 16.26     (iii) the age of the likely victim; 
 16.27     (2) the offender's prior offense history.  This factor 
 16.28  includes consideration of the following: 
 16.29     (i) the relationship of prior victims to the offender; 
 16.30     (ii) the number of prior offenses or victims; 
 16.31     (iii) the duration of the offender's prior offense history; 
 16.32     (iv) the length of time since the offender's last prior 
 16.33  offense while the offender was at risk to commit offenses; and 
 16.34     (v) the offender's prior history of other antisocial acts; 
 16.35     (3) the offender's characteristics.  This factor includes 
 16.36  consideration of the following:  
 17.1      (i) the offender's response to prior treatment efforts; and 
 17.2      (ii) the offender's history of substance abuse; 
 17.3      (4) the availability of community supports to the offender. 
 17.4   This factor includes consideration of the following: 
 17.5      (i) the availability and likelihood that the offender will 
 17.6   be involved in therapeutic treatment; 
 17.7      (ii) the availability of residential supports to the 
 17.8   offender, such as a stable and supervised living arrangement in 
 17.9   an appropriate location; 
 17.10     (iii) the offender's familial and social relationships, 
 17.11  including the nature and length of these relationships and the 
 17.12  level of support that the offender may receive from these 
 17.13  persons; and 
 17.14     (iv) the offender's lack of education or employment 
 17.15  stability; 
 17.16     (5) whether the offender has indicated or credible evidence 
 17.17  in the record indicates that the offender will reoffend if 
 17.18  released into the community; and 
 17.19     (6) whether the offender demonstrates a physical condition 
 17.20  that minimizes the risk of reoffense, including but not limited 
 17.21  to, advanced age or a debilitating illness or physical condition.
 17.22     (h) Upon the request of the law enforcement agency or the 
 17.23  offender's corrections agent, the commissioner may reconvene the 
 17.24  end-of-confinement review committee for the purpose of 
 17.25  reassessing the risk level to which an offender has been 
 17.26  assigned under paragraph (e).  In a request for a reassessment, 
 17.27  the law enforcement agency which was responsible for the charge 
 17.28  resulting in confinement or agent shall list the facts and 
 17.29  circumstances arising after the initial assignment or facts and 
 17.30  circumstances known to law enforcement or the agent but not 
 17.31  considered by the committee under paragraph (e) which support 
 17.32  the request for a reassessment.  The request for reassessment by 
 17.33  the law enforcement agency must occur within 30 days of receipt 
 17.34  of the report indicating the offender's risk level 
 17.35  assignment.  The offender's corrections agent, in consultation 
 17.36  with the chief law enforcement officer in the area where the 
 18.1   offender resides or intends to reside, may request a review of a 
 18.2   risk level at any time if substantial evidence exists that the 
 18.3   offender's risk level should be reviewed by an 
 18.4   end-of-confinement review committee.  This evidence includes, 
 18.5   but is not limited to, evidence of treatment failures or 
 18.6   completions, evidence of exceptional crime-free community 
 18.7   adjustment or lack of appropriate adjustment, evidence of 
 18.8   substantial community need to know more about the offender or 
 18.9   mitigating circumstances that would narrow the proposed scope of 
 18.10  notification, or other practical situations articulated and 
 18.11  based in evidence of the offender's behavior while under 
 18.12  supervision.  Upon review of the request, the end-of-confinement 
 18.13  review committee may reassign an offender to a different risk 
 18.14  level.  If the offender is reassigned to a higher risk level, 
 18.15  the offender has the right to seek review of the committee's 
 18.16  determination under subdivision 6. 
 18.17     (i) An offender may request the end-of-confinement review 
 18.18  committee to reassess the offender's assigned risk level after 
 18.19  three years have elapsed since the committee's initial risk 
 18.20  assessment and may renew the request once every two years 
 18.21  following subsequent denials.  In a request for reassessment, 
 18.22  the offender shall list the facts and circumstances which 
 18.23  demonstrate that the offender no longer poses the same degree of 
 18.24  risk to the community.  In order for a request for a risk level 
 18.25  reduction to be granted, the offender must demonstrate full 
 18.26  compliance with supervised release conditions, completion of 
 18.27  required post-release treatment programming, and full compliance 
 18.28  with all registration requirements as detailed in section 
 18.29  243.166.  The offender must also not have been convicted of any 
 18.30  felony, gross misdemeanor, or misdemeanor offenses subsequent to 
 18.31  the assignment of the original risk level.  The committee shall 
 18.32  follow the process outlined in paragraphs (a) to (e), and 
 18.33  (g) (c) in the reassessment.  An offender who is incarcerated 
 18.34  may not request a reassessment under this paragraph. 
 18.35     (j) Offenders returned to prison as release violators shall 
 18.36  not have a right to a subsequent risk reassessment by the 
 19.1   end-of-confinement review committee unless substantial evidence 
 19.2   determines that the offender's risk to the public has increased. 
 19.3      (k) The commissioner shall establish an end-of-confinement 
 19.4   review committee to assign a risk level to offenders who are 
 19.5   released from a federal correctional facility in Minnesota or 
 19.6   another state and who intend to reside in Minnesota, and to 
 19.7   offenders accepted from another state under a reciprocal 
 19.8   agreement for parole supervision under the interstate compact 
 19.9   authorized by section 243.16.  The committee shall make 
 19.10  reasonable efforts to conform to the same timelines as applied 
 19.11  to Minnesota cases.  Offenders accepted from another state under 
 19.12  a reciprocal agreement for probation supervision are not 
 19.13  assigned a risk level, but are considered downward dispositional 
 19.14  departures.  The probation or court services officer and law 
 19.15  enforcement officer shall manage such cases in accordance with 
 19.16  section 244.10, subdivision 2a.  The policies and procedures of 
 19.17  the committee for federal offenders and interstate compact cases 
 19.18  must be in accordance with all requirements as set forth in this 
 19.19  section, unless restrictions caused by the nature of federal or 
 19.20  interstate transfers prevents such conformance. 
 19.21     (k) (l) If the committee assigns a predatory offender to 
 19.22  risk level III, the committee shall determine whether residency 
 19.23  restrictions shall be included in the conditions of the 
 19.24  offender's release based on the offender's pattern of offending 
 19.25  behavior. 
 19.26     Sec. 14.  Minnesota Statutes 2000, section 244.17, 
 19.27  subdivision 1, is amended to read: 
 19.28     Subdivision 1.  [GENERALLY.] The commissioner may select 
 19.29  offenders who meet the eligibility requirements of subdivisions 
 19.30  2 and 3 and have been deemed eligible by a court under section 
 19.31  609.105, subdivision 2a, to participate in a challenge 
 19.32  incarceration program described in sections 244.171 and 244.172 
 19.33  for all or part of the offender's sentence if the offender 
 19.34  agrees to participate in the program and signs a written 
 19.35  contract with the commissioner agreeing to comply with the 
 19.36  program's requirements. 
 20.1      Sec. 15.  Minnesota Statutes 2000, section 244.173, is 
 20.2   amended to read: 
 20.3      244.173 [CHALLENGE INCARCERATION PROGRAM; EVALUATION AND 
 20.4   REPORT.] 
 20.5      The commissioner shall develop a system for gathering and 
 20.6   analyzing information concerning the value and effectiveness of 
 20.7   the challenge incarceration program.  The commissioner shall 
 20.8   report to the committees of the house of representatives and 
 20.9   senate with jurisdiction over criminal justice policy by January 
 20.10  1, 1996, on the operation of the program. 
 20.11     Sec. 16.  Minnesota Statutes 2000, section 390.11, 
 20.12  subdivision 1, is amended to read: 
 20.13     Subdivision 1.  [DEATHS REQUIRING INQUESTS AND 
 20.14  INVESTIGATIONS.] Except as provided in subdivision 1a, the 
 20.15  coroner shall investigate and may conduct inquests in all human 
 20.16  deaths of the following types: 
 20.17     (1) violent deaths, whether apparently homicidal, suicidal, 
 20.18  or accidental, including but not limited to deaths due to 
 20.19  thermal, chemical, electrical, or radiational injury, and deaths 
 20.20  due to criminal abortion, whether apparently self induced or 
 20.21  not; 
 20.22     (2) deaths under unusual or mysterious circumstances; 
 20.23     (3) deaths of persons whose bodies are to be cremated, 
 20.24  dissected, buried at sea, or otherwise disposed of so that the 
 20.25  bodies will later be unavailable for examination; and 
 20.26     (4) deaths of inmates of public institutions who are not 
 20.27  hospitalized for organic disease and whose deaths are not of any 
 20.28  type referred to in clause (1) or (2).  
 20.29     Sec. 17.  Minnesota Statutes 2000, section 390.11, is 
 20.30  amended by adding a subdivision to read: 
 20.31     Subd. 1a.  [COMMISSIONER OF CORRECTIONS; INVESTIGATION OF 
 20.32  DEATHS.] The commissioner of corrections may require that all 
 20.33  department of corrections incarcerated deaths be reviewed by a 
 20.34  department of corrections contracted board-certified forensic 
 20.35  pathologist. 
 20.36     Sec. 18.  Minnesota Statutes 2000, section 390.32, is 
 21.1   amended by adding a subdivision to read: 
 21.2      Subd. 11.  [COMMISSIONER OF CORRECTIONS; INVESTIGATION OF 
 21.3   DEATHS.] The commissioner of corrections may require that all 
 21.4   department of corrections incarcerated deaths be reviewed by a 
 21.5   department of corrections contracted board-certified forensic 
 21.6   pathologist. 
 21.7      Sec. 19.  Minnesota Statutes 2000, section 609.105, is 
 21.8   amended by adding a subdivision to read: 
 21.9      Subd. 2a.  [CHALLENGE INCARCERATION PROGRAM 
 21.10  ELIGIBILITY.] (a) At the time of sentencing, the judge, after 
 21.11  receiving input from the prosecutor, defense counsel, and victim 
 21.12  or victims, shall determine whether the offender is eligible for 
 21.13  placement consideration in the challenge incarceration program 
 21.14  based upon criteria established in section 244.17 and 
 21.15  information presented at the time of sentencing. 
 21.16     (b) The commissioner of corrections shall retain authority 
 21.17  to actually place offenders deemed eligible by the court in the 
 21.18  program after considering institutional behavior, time remaining 
 21.19  in the sentence, statutory requirements, and any eligibility 
 21.20  criteria established by the commissioner. 
 21.21     (c) If the court fails to make a determination at the time 
 21.22  of sentencing concerning the eligibility of an offender for the 
 21.23  challenge incarceration program, the offender shall be presumed 
 21.24  eligible.  
 21.25     (d) If the court determines that an offender is ineligible, 
 21.26  the commissioner may make a written request to the sentencing 
 21.27  judge, with notice to the parties described in paragraph (a), at 
 21.28  a later date, requesting that the offender be deemed eligible.  
 21.29  The court shall determine whether to grant eligibility to the 
 21.30  offender for placement consideration in the challenge 
 21.31  incarceration program. 
 21.32     Sec. 20.  Minnesota Statutes 2000, section 609.341, 
 21.33  subdivision 11, is amended to read: 
 21.34     Subd. 11.  (a) "Sexual contact," for the purposes of 
 21.35  sections 609.343, subdivision 1, clauses (a) to (f), and 
 21.36  609.345, subdivision 1, clauses (a) to (e), and (h) to (l) (m), 
 22.1   includes any of the following acts committed without the 
 22.2   complainant's consent, except in those cases where consent is 
 22.3   not a defense, and committed with sexual or aggressive intent: 
 22.4      (i) the intentional touching by the actor of the 
 22.5   complainant's intimate parts, or 
 22.6      (ii) the touching by the complainant of the actor's, the 
 22.7   complainant's, or another's intimate parts effected by a person 
 22.8   in a position of authority, or by coercion, or by inducement if 
 22.9   the complainant is under 13 years of age or mentally impaired, 
 22.10  or 
 22.11     (iii) the touching by another of the complainant's intimate 
 22.12  parts effected by coercion or by a person in a position of 
 22.13  authority, or 
 22.14     (iv) in any of the cases above, the touching of the 
 22.15  clothing covering the immediate area of the intimate parts. 
 22.16     (b) "Sexual contact," for the purposes of sections 609.343, 
 22.17  subdivision 1, clauses (g) and (h), and 609.345, subdivision 1, 
 22.18  clauses (f) and (g), includes any of the following acts 
 22.19  committed with sexual or aggressive intent: 
 22.20     (i) the intentional touching by the actor of the 
 22.21  complainant's intimate parts; 
 22.22     (ii) the touching by the complainant of the actor's, the 
 22.23  complainant's, or another's intimate parts; 
 22.24     (iii) the touching by another of the complainant's intimate 
 22.25  parts; or 
 22.26     (iv) in any of the cases listed above, touching of the 
 22.27  clothing covering the immediate area of the intimate parts. 
 22.28     (c) "Sexual contact with a person under 13" means the 
 22.29  intentional touching of the complainant's bare genitals or anal 
 22.30  opening by the actor's bare genitals or anal opening with sexual 
 22.31  or aggressive intent or the touching by the complainant's bare 
 22.32  genitals or anal opening of the actor's or another's bare 
 22.33  genitals or anal opening with sexual or aggressive intent. 
 22.34     Sec. 21.  Minnesota Statutes 2000, section 609.344, 
 22.35  subdivision 1, is amended to read: 
 22.36     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 23.1   sexual penetration with another person is guilty of criminal 
 23.2   sexual conduct in the third degree if any of the following 
 23.3   circumstances exists:  
 23.4      (a) the complainant is under 13 years of age and the actor 
 23.5   is no more than 36 months older than the complainant.  Neither 
 23.6   mistake as to the complainant's age nor consent to the act by 
 23.7   the complainant shall be a defense; 
 23.8      (b) the complainant is at least 13 but less than 16 years 
 23.9   of age and the actor is more than 24 months older than the 
 23.10  complainant.  In any such case it shall be an affirmative 
 23.11  defense, which must be proved by a preponderance of the 
 23.12  evidence, that the actor believes the complainant to be 16 years 
 23.13  of age or older.  If the actor in such a case is no more than 48 
 23.14  months but more than 24 months older than the complainant, the 
 23.15  actor may be sentenced to imprisonment for not more than five 
 23.16  years.  Consent by the complainant is not a defense; 
 23.17     (c) the actor uses force or coercion to accomplish the 
 23.18  penetration; 
 23.19     (d) the actor knows or has reason to know that the 
 23.20  complainant is mentally impaired, mentally incapacitated, or 
 23.21  physically helpless; 
 23.22     (e) the complainant is at least 16 but less than 18 years 
 23.23  of age and the actor is more than 48 months older than the 
 23.24  complainant and in a position of authority over the complainant. 
 23.25  Neither mistake as to the complainant's age nor consent to the 
 23.26  act by the complainant is a defense; 
 23.27     (f) the actor has a significant relationship to the 
 23.28  complainant and the complainant was at least 16 but under 18 
 23.29  years of age at the time of the sexual penetration.  Neither 
 23.30  mistake as to the complainant's age nor consent to the act by 
 23.31  the complainant is a defense; 
 23.32     (g) the actor has a significant relationship to the 
 23.33  complainant, the complainant was at least 16 but under 18 years 
 23.34  of age at the time of the sexual penetration, and: 
 23.35     (i) the actor or an accomplice used force or coercion to 
 23.36  accomplish the penetration; 
 24.1      (ii) the complainant suffered personal injury; or 
 24.2      (iii) the sexual abuse involved multiple acts committed 
 24.3   over an extended period of time.  
 24.4      Neither mistake as to the complainant's age nor consent to 
 24.5   the act by the complainant is a defense; 
 24.6      (h) the actor is a psychotherapist and the complainant is a 
 24.7   patient of the psychotherapist and the sexual penetration 
 24.8   occurred: 
 24.9      (i) during the psychotherapy session; or 
 24.10     (ii) outside the psychotherapy session if an ongoing 
 24.11  psychotherapist-patient relationship exists.  
 24.12     Consent by the complainant is not a defense; 
 24.13     (i) the actor is a psychotherapist and the complainant is a 
 24.14  former patient of the psychotherapist and the former patient is 
 24.15  emotionally dependent upon the psychotherapist; 
 24.16     (j) the actor is a psychotherapist and the complainant is a 
 24.17  patient or former patient and the sexual penetration occurred by 
 24.18  means of therapeutic deception.  Consent by the complainant is 
 24.19  not a defense; 
 24.20     (k) the actor accomplishes the sexual penetration by means 
 24.21  of deception or false representation that the penetration is for 
 24.22  a bona fide medical purpose.  Consent by the complainant is not 
 24.23  a defense; or 
 24.24     (1) the actor is or purports to be a member of the clergy, 
 24.25  the complainant is not married to the actor, and: 
 24.26     (i) the sexual penetration occurred during the course of a 
 24.27  meeting in which the complainant sought or received religious or 
 24.28  spiritual advice, aid, or comfort from the actor in private; or 
 24.29     (ii) the sexual penetration occurred during a period of 
 24.30  time in which the complainant was meeting on an ongoing basis 
 24.31  with the actor to seek or receive religious or spiritual advice, 
 24.32  aid, or comfort in private.  Consent by the complainant is not a 
 24.33  defense; or 
 24.34     (m) the actor is an employee, independent contractor, or 
 24.35  volunteer of a state, county, city, or privately operated adult 
 24.36  or juvenile correctional system, including, but not limited to, 
 25.1   jails, prisons, detention centers, or work release facilities, 
 25.2   and the complainant is a resident of a facility or under 
 25.3   supervision of the correctional system.  Consent by the 
 25.4   complainant is not a defense. 
 25.5      Sec. 22.  Minnesota Statutes 2000, section 609.345, 
 25.6   subdivision 1, is amended to read: 
 25.7      Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 25.8   sexual contact with another person is guilty of criminal sexual 
 25.9   conduct in the fourth degree if any of the following 
 25.10  circumstances exists: 
 25.11     (a) the complainant is under 13 years of age and the actor 
 25.12  is no more than 36 months older than the complainant.  Neither 
 25.13  mistake as to the complainant's age or consent to the act by the 
 25.14  complainant is a defense.  In a prosecution under this clause, 
 25.15  the state is not required to prove that the sexual contact was 
 25.16  coerced; 
 25.17     (b) the complainant is at least 13 but less than 16 years 
 25.18  of age and the actor is more than 48 months older than the 
 25.19  complainant or in a position of authority over the complainant.  
 25.20  Consent by the complainant to the act is not a defense.  In any 
 25.21  such case, it shall be an affirmative defense which must be 
 25.22  proved by a preponderance of the evidence that the actor 
 25.23  believes the complainant to be 16 years of age or older; 
 25.24     (c) the actor uses force or coercion to accomplish the 
 25.25  sexual contact; 
 25.26     (d) the actor knows or has reason to know that the 
 25.27  complainant is mentally impaired, mentally incapacitated, or 
 25.28  physically helpless; 
 25.29     (e) the complainant is at least 16 but less than 18 years 
 25.30  of age and the actor is more than 48 months older than the 
 25.31  complainant and in a position of authority over the complainant. 
 25.32  Neither mistake as to the complainant's age nor consent to the 
 25.33  act by the complainant is a defense; 
 25.34     (f) the actor has a significant relationship to the 
 25.35  complainant and the complainant was at least 16 but under 18 
 25.36  years of age at the time of the sexual contact.  Neither mistake 
 26.1   as to the complainant's age nor consent to the act by the 
 26.2   complainant is a defense; 
 26.3      (g) the actor has a significant relationship to the 
 26.4   complainant, the complainant was at least 16 but under 18 years 
 26.5   of age at the time of the sexual contact, and: 
 26.6      (i) the actor or an accomplice used force or coercion to 
 26.7   accomplish the contact; 
 26.8      (ii) the complainant suffered personal injury; or 
 26.9      (iii) the sexual abuse involved multiple acts committed 
 26.10  over an extended period of time.  
 26.11     Neither mistake as to the complainant's age nor consent to 
 26.12  the act by the complainant is a defense; 
 26.13     (h) the actor is a psychotherapist and the complainant is a 
 26.14  patient of the psychotherapist and the sexual contact occurred: 
 26.15     (i) during the psychotherapy session; or 
 26.16     (ii) outside the psychotherapy session if an ongoing 
 26.17  psychotherapist-patient relationship exists.  Consent by the 
 26.18  complainant is not a defense; 
 26.19     (i) the actor is a psychotherapist and the complainant is a 
 26.20  former patient of the psychotherapist and the former patient is 
 26.21  emotionally dependent upon the psychotherapist; 
 26.22     (j) the actor is a psychotherapist and the complainant is a 
 26.23  patient or former patient and the sexual contact occurred by 
 26.24  means of therapeutic deception.  Consent by the complainant is 
 26.25  not a defense; 
 26.26     (k) the actor accomplishes the sexual contact by means of 
 26.27  deception or false representation that the contact is for a bona 
 26.28  fide medical purpose.  Consent by the complainant is not a 
 26.29  defense; or 
 26.30     (1) the actor is or purports to be a member of the clergy, 
 26.31  the complainant is not married to the actor, and: 
 26.32     (i) the sexual contact occurred during the course of a 
 26.33  meeting in which the complainant sought or received religious or 
 26.34  spiritual advice, aid, or comfort from the actor in private; or 
 26.35     (ii) the sexual contact occurred during a period of time in 
 26.36  which the complainant was meeting on an ongoing basis with the 
 27.1   actor to seek or receive religious or spiritual advice, aid, or 
 27.2   comfort in private.  Consent by the complainant is not a 
 27.3   defense; or 
 27.4      (m) the actor is an employee, independent contractor, or 
 27.5   volunteer of a state, county, city, or privately operated adult 
 27.6   or juvenile correctional system, including, but not limited to, 
 27.7   jails, prisons, detention centers, or work release facilities, 
 27.8   and the complainant is a resident of a facility or under 
 27.9   supervision of the correctional system.  Consent by the 
 27.10  complainant is not a defense. 
 27.11     Sec. 23.  Minnesota Statutes 2000, section 609.3452, 
 27.12  subdivision 1, is amended to read: 
 27.13     Subdivision 1.  [ASSESSMENT REQUIRED.] When a person is 
 27.14  convicted of a violation of section 609.342; 609.343; 609.344; 
 27.15  609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23, or 
 27.16  another offense arising out of a charge based on one or more of 
 27.17  those sections sex offense, the court shall order an independent 
 27.18  professional assessment of the offender's need for sex offender 
 27.19  treatment.  The court may waive the assessment if:  (1) the 
 27.20  sentencing guidelines provide a presumptive prison sentence for 
 27.21  the offender, or (2) an adequate assessment was conducted prior 
 27.22  to the conviction.  An assessor providing an assessment for the 
 27.23  court must be experienced in the evaluation and treatment of sex 
 27.24  offenders. 
 27.25     Sec. 24.  Minnesota Statutes 2000, section 609.3452, is 
 27.26  amended by adding a subdivision to read: 
 27.27     Subd. 1a.  [REPEAT OFFENDERS; MANDATORY ASSESSMENT.] When a 
 27.28  person is convicted of a felony-level sex offense, and the 
 27.29  person has previously been convicted of a sex offense regardless 
 27.30  of the penalty level, the court shall order a sex offender 
 27.31  assessment to be completed by the Minnesota security hospital.  
 27.32  The assessment must contain the facts upon which the assessment 
 27.33  conclusion is based, with reference to the offense history of 
 27.34  the offender or the severity of the current offense, the social 
 27.35  history of the offender, and the results of an examination of 
 27.36  the offender's mental status unless the offender refuses to be 
 28.1   examined.  The assessment conclusion may not be based on testing 
 28.2   alone.  Upon completion, the assessment must be forwarded to the 
 28.3   court and the commissioner of corrections.  The court shall 
 28.4   consider the assessment when sentencing the offender and, if 
 28.5   applicable, when making the preliminary determination regarding 
 28.6   the appropriateness of a civil commitment petition under section 
 28.7   609.1351. 
 28.8      Sec. 25.  Minnesota Statutes 2000, section 609.3452, is 
 28.9   amended by adding a subdivision to read: 
 28.10     Subd. 4.  [DEFINITION.] As used in this section, "sex 
 28.11  offense" means a violation of section 609.342; 609.343; 609.344; 
 28.12  609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23; or 
 28.13  another offense arising out of a charge based on one or more of 
 28.14  those sections. 
 28.15     Sec. 26.  Minnesota Statutes 2000, section 611A.19, is 
 28.16  amended to read: 
 28.17     611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY 
 28.18  VIRUS.] 
 28.19     Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) Upon 
 28.20  the request or with the consent of the victim, the prosecutor 
 28.21  shall make a motion in camera and the sentencing court shall 
 28.22  issue an order requiring an adult convicted of or a juvenile 
 28.23  adjudicated delinquent for violating section 609.342 (criminal 
 28.24  sexual conduct in the first degree), 609.343 (criminal sexual 
 28.25  conduct in the second degree), 609.344 (criminal sexual conduct 
 28.26  in the third degree), 609.345 (criminal sexual conduct in the 
 28.27  fourth degree), or any other violent crime, as defined in 
 28.28  section 609.1095, to submit to testing to determine the presence 
 28.29  of human immunodeficiency virus (HIV) antibody if:  
 28.30     (1) the crime involved sexual penetration, however slight, 
 28.31  as defined in section 609.341, subdivision 12; or 
 28.32     (2) evidence exists that the broken skin or mucous membrane 
 28.33  of the victim was exposed to or had contact with the offender's 
 28.34  semen or blood during the commission of the crime in a manner 
 28.35  which has been demonstrated epidemiologically to transmit the 
 28.36  human immunodeficiency virus (HIV).  
 29.1      (b) When the court orders an offender to submit to testing 
 29.2   under paragraph (a), the court shall order that the test be 
 29.3   performed by an appropriate health professional who is trained 
 29.4   to provide the counseling described in section 144.7414, and 
 29.5   that no reference to the test, the motion requesting the test, 
 29.6   the test order, or the test results may appear in the criminal 
 29.7   record or be maintained in any record of the court or court 
 29.8   services, except in the medical record maintained by the 
 29.9   department of corrections.  
 29.10     Subd. 2.  [DISCLOSURE OF TEST RESULTS.] The date and 
 29.11  results of a test performed under subdivision 1 are private data 
 29.12  as defined in section 13.02, subdivision 12, when maintained by 
 29.13  a person subject to chapter 13, or may be released only with the 
 29.14  subject's consent, if maintained by a person not subject to 
 29.15  chapter 13.  The results are available, on request, to the 
 29.16  victim or, if the victim is a minor, to the victim's parent or 
 29.17  guardian and positive test results shall be reported to the 
 29.18  commissioner of health.  Any test results given to a victim or 
 29.19  victim's parent or guardian shall be provided by a health 
 29.20  professional who is trained to provide the counseling described 
 29.21  in section 144.7414.  Data regarding administration and results 
 29.22  of the test are not accessible to any other person for any 
 29.23  purpose and shall not be maintained in any record of the court 
 29.24  or court services or any other record.  After the test results 
 29.25  are given to the victim or the victim's parent or guardian, data 
 29.26  on the test must be removed from any medical data or health 
 29.27  records maintained under section 13.384 or 144.335 and 
 29.28  destroyed, except for those medical records maintained by the 
 29.29  department of corrections. 
 29.30     Sec. 27.  Laws 1996, chapter 463, section 16, subdivision 
 29.31  3, as amended by Laws 1997, chapter 238, section 3, is amended 
 29.32  to read: 
 29.33  Subd. 3.  New Facility                               89,000,000
 29.34  To complete design and to construct, 
 29.35  furnish, and equip a new close-custody 
 29.36  correctional facility at custody level 
 29.37  four to provide at least 800 beds. 
 30.1   The commissioner of administration may 
 30.2   use construction delivery methods as 
 30.3   may be appropriate to minimize the cost 
 30.4   of the facility and maximize the 
 30.5   construction time savings.  
 30.6   Before final contract documents for 
 30.7   this project are advertised for 
 30.8   construction bids, the commissioners of 
 30.9   administration and corrections shall 
 30.10  certify to the chairs of the senate 
 30.11  finance committee, the senate crime 
 30.12  prevention finance division, the house 
 30.13  ways and means committee, the house 
 30.14  judiciary finance committee, and the 
 30.15  house capital investment committee that 
 30.16  the program scope of the project has 
 30.17  not increased since the project budget 
 30.18  was reviewed in accordance with 
 30.19  Minnesota Statutes, section 16B.335.  
 30.20  Upon receipt and evaluation of 
 30.21  construction bids and before awarding 
 30.22  contracts for the construction phase of 
 30.23  the project, the commissioners of 
 30.24  administration and finance shall inform 
 30.25  the chairs of the house ways and means 
 30.26  committee and the senate human 
 30.27  resources finance committee and the 
 30.28  chairs of the house and senate policy 
 30.29  and finance committees and divisions 
 30.30  having jurisdiction over criminal 
 30.31  justice issues of the project budget 
 30.32  necessary to complete that portion of 
 30.33  the project.  Any portion of this 
 30.34  appropriation that exceeds the project 
 30.35  budget shall be unallotted by the 
 30.36  commissioner of finance. 
 30.37  By February 1 of each year, the 
 30.38  commissioner shall report to the chairs 
 30.39  of the house judiciary committee and 
 30.40  senate crime prevention committee on 
 30.41  efforts to recruit a workforce for the 
 30.42  correctional facility that is 
 30.43  proportional to the protected groups in 
 30.44  the inmate population, the results of 
 30.45  the efforts, and recommendations for 
 30.46  achieving the goal of proportional 
 30.47  representation of protected class 
 30.48  employees in relation to the inmate 
 30.49  population. 
 30.50  The commissioner of corrections shall 
 30.51  construct an access road from state 
 30.52  trunk highway 361 to the parking lot of 
 30.53  the correctional facility.  The 
 30.54  commissioner of transportation shall 
 30.55  construct any necessary improvements at 
 30.56  the intersection of trunk highway 361 
 30.57  and the access road in order to 
 30.58  facilitate ingress to and egress from 
 30.59  the correctional facility. 
 30.60     Sec. 28.  [REPEALER.] 
 30.61     Minnesota Statutes 2000, sections 241.016, subdivision 2; 
 30.62  241.018; 241.19; 241.272, subdivision 7; and 242.51, are 
 30.63  repealed. 
 31.1      Sec. 29.  [EFFECTIVE DATE.] 
 31.2      Sections 20 to 22 are effective August 1, 2001, and apply 
 31.3   to crimes committed on or after that date.  Sections 23 to 25 
 31.4   are effective the day following final enactment.