1st Unofficial Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to corrections; making various changes to 1.3 laws involving the department of corrections, 1.4 including clarifying the community notification law, 1.5 striking and repealing obsolete and unnecessary 1.6 statutory language, clarifying who may be required to 1.7 pay the costs for the use of a correctional camp, 1.8 allowing licensed mental health professionals to admit 1.9 inmates to the mental health unit at MCF-Oak Park 1.10 Heights, altering the requirements of the department's 1.11 annual performance report, providing that 1.12 investigation of inmate deaths be initiated by the 1.13 commissioner of corrections, continuing the task force 1.14 for agency purchasing from correctional agencies, 1.15 creating a peer review committee in the health 1.16 correctional system; authorizing the commissioner to 1.17 inspect and certify juvenile facilities licensed by 1.18 the department of human services; requiring the 1.19 commissioners of corrections and human services to 1.20 develop alternative equivalent standards for chemical 1.21 dependency treatment programs for correctional 1.22 facilities under certain circumstances; requiring the 1.23 commissioner of corrections to contract with the 1.24 commissioner of human services for background studies 1.25 of individuals providing services in secure and 1.26 nonsecure juvenile residential and detention 1.27 facilities; making it a crime for employees, contract 1.28 personnel, or volunteers of a correctional system to 1.29 engage in certain sexual activities with offenders in 1.30 correctional facilities; requiring a sex offender 1.31 assessment for certain repeat sex offenders; 1.32 authorizing HIV test results to be maintained in 1.33 inmate medical records; requiring new per diem methods 1.34 to be used in annual reports; requiring the 1.35 commissioner to do an electronic alcohol monitoring 1.36 study and report; amending Minnesota Statutes 2000, 1.37 sections 16B.181, subdivision 2; 241.016, subdivision 1.38 1; 241.018; 241.021, subdivisions 1, 4, 4a, 6, by 1.39 adding a subdivision; 241.67, subdivision 8; 241.69; 1.40 242.32, subdivision 1a; 243.05, subdivision 6; 243.51, 1.41 subdivision 2; 243.53, subdivision 1; 244.052, 1.42 subdivision 3; 244.173; 244.18, subdivision 1; 390.11, 1.43 subdivision 1, by adding a subdivision; 390.32, by 1.44 adding a subdivision; 609.341, subdivision 11; 1.45 609.344, subdivision 1; 609.345, subdivision 1; 1.46 609.3452, subdivision 1, by adding subdivisions; 2.1 611A.19; repealing Minnesota Statutes 2000, sections 2.2 241.016, subdivision 2; 241.19; 242.51. 2.3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.4 Section 1. Minnesota Statutes 2000, section 16B.181, 2.5 subdivision 2, is amended to read: 2.6 Subd. 2. [PUBLIC ENTITIES; PURCHASES FROM CORRECTIONS 2.7 INDUSTRIES.] (a) The commissioner of corrections, in 2.8 consultation with the commissioner of administration, shall 2.9 prepare updated lists of the items available for purchase from 2.10 department of corrections industries and annually forward a copy 2.11 of the most recent list to all public entities within the 2.12 state. A public entity that is supported in whole or in part 2.13 with funds from the state treasury may purchase items directly 2.14 from corrections industries. The bid solicitation process is 2.15 not required for these purchases. 2.16 (b) The commissioner of administration shall develop a 2.17 contract or contracts to enable public entities to purchase 2.18 items directly from corrections industries. The commissioner of 2.19 administration, in consultation with the commissioner of 2.20 corrections, shall determine the fair market price for listed 2.21 items. The commissioner of administration shall require that 2.22 all requests for bids or proposals, for items provided by 2.23 corrections industries, be forwarded to the commissioner of 2.24 corrections to enable corrections industries to submit bids. 2.25 The commissioner of corrections shall consult with the 2.26 commissioner of administration prior to introducing new products 2.27 to the state agency market. 2.28 (c) No public entity may evade the intent of this section 2.29 by adopting slight variations in specifications, when Minnesota 2.30 corrections industry items meet the reasonable needs and 2.31 specifications of the public entity. 2.32 (d) The commissioners of administration and corrections 2.33 shall develop annual performance measures outlining goals to 2.34 maximize inmate work program participation. The commissioners 2.35 of administration and corrections shall appoint cochairs for a 2.36 task force whose purpose is to determine additional methods to 3.1 achieve the performance goals for public entity purchasing. The 3.2 task force shall include representatives from the Minnesota 3.3 house of representatives, Minnesota senate, the Minnesota state 3.4 colleges and universities, University of Minnesota, Minnesota 3.5 League of Cities, Minnesota Association of Counties, and 3.6 administrators with purchasing responsibilities from the 3.7 Minnesota state departments of corrections, public safety, 3.8 finance, transportation, natural resources, human services, 3.9 health, and economic security. Notwithstanding section 15.059, 3.10 the task force created in this paragraph expires on June 30, 3.11 2003. 3.12 (e) If performance goals for public entity purchasing are 3.13 not achieved in two consecutive fiscal years, public entities 3.14 shall purchase items available from corrections industries. The 3.15 commissioner of administration shall be responsible for 3.16 notifying public entities of this requirement. 3.17 Sec. 2. Minnesota Statutes 2000, section 241.016, 3.18 subdivision 1, is amended to read: 3.19 Subdivision 1. [ANNUAL REPORT.]Notwithstanding section3.2015.91,The department of corrections shallissuesubmit a 3.21 performance reportby November 30 of each yearto the chairs and 3.22 ranking minority members of the senate and house committees and 3.23 divisions having jurisdiction over criminal justice funding by 3.24 January 15 of each year.The issuance and content of the report3.25must conform with section 15.91.3.26 The department shall maintain recidivism rates for adult 3.27 facilities on an annual basis. In addition, each year the 3.28 department shall, on an alternating basis, complete a recidivism 3.29 analysis of adult facility, juvenile services, and the community 3.30 services divisions and include a three-year recidivism analysis 3.31 in the report. When appropriate, the recidivism analysis must 3.32 include education programs, vocational programs, treatment 3.33 programs, industry, and employment. 3.34 Sec. 3. Minnesota Statutes 2000, section 241.018, is 3.35 amended to read: 3.36 241.018 [PER DIEM CALCULATION.] 4.1 (a) The commissioner of corrections shall develop a uniform 4.2 method to calculate the average department-wide per diem cost of 4.3 incarcerating offenders at state adult correctional facilities. 4.4 In addition to other costs currently factored into the per diem, 4.5 it must include an appropriate percentage of capitol costs for 4.6 all adult correctional facilities and 65 percent of the 4.7 department's management services budget. 4.8 (b) The commissioner also shall use this method of 4.9 calculating per diem costs for offenders in each state adult 4.10 correctional facility. When calculating the per diem cost of 4.11 incarcerating offenders at a particular facility, the 4.12 commissioner shall include an appropriate percentage of capital 4.13 costs for the facility and an appropriate prorated amount, given 4.14 the facility's population, of 65 percent of the department's 4.15 management services budget. 4.16 (c) The commissioner shall ensure that these new per diem 4.17 methods are used in all futureinstances in which per diem4.18charges are reportedannual performance reports to the 4.19 legislature and are also reflected in the department's biennial 4.20 budget document. 4.21(d) The commissioner shall report information related to4.22these per diems to the chairs and ranking minority members of4.23the senate and house committees and divisions having4.24jurisdiction over criminal justice funding by January 15, 2001.4.25 Sec. 4. Minnesota Statutes 2000, section 241.021, 4.26 subdivision 1, is amended to read: 4.27 Subdivision 1. [SUPERVISION OVER CORRECTIONAL 4.28 INSTITUTIONS.](1)(a) Except as provided in paragraph (b), the 4.29 commissioner of corrections shall inspect and license all 4.30 correctional facilities throughout the state, whether public or 4.31 private, established and operated for the detention and 4.32 confinement of persons detained or confined therein according to 4.33 law except to the extent that they are inspected or licensed by 4.34 other state regulating agencies. The commissioner shall 4.35 promulgate pursuant to chapter 14, rules establishing minimum 4.36 standards for these facilities with respect to their management, 5.1 operation, physical condition, and the security, safety, health, 5.2 treatment, and discipline of persons detained or confined 5.3 therein. Commencing September 1, 1980, no individual, 5.4 corporation, partnership, voluntary association, or other 5.5 private organization legally responsible for the operation of a 5.6 correctional facility may operate the facility unless licensed 5.7 by the commissioner of corrections. The commissioner shall 5.8 review the correctional facilities described in this subdivision 5.9 at least once every biennium, except as otherwise provided 5.10 herein, to determine compliance with the minimum standards 5.11 established pursuant to this subdivision. The commissioner 5.12 shall grant a license to any facility found to conform to 5.13 minimum standards or to any facility which, in the 5.14 commissioner's judgment, is making satisfactory progress toward 5.15 substantial conformity and the interests and well-being of the 5.16 persons detained or confined therein are protected. The 5.17 commissioner may grant licensure up to two years. The 5.18 commissioner shall have access to the buildings, grounds, books, 5.19 records, staff, and to persons detained or confined in these 5.20 facilities. The commissioner may require the officers in charge 5.21 of these facilities to furnish all information and statistics 5.22 the commissioner deems necessary, at a time and place designated 5.23 by the commissioner. The commissioner may require that any or 5.24 all such information be provided through the department of 5.25 corrections detention information system. The education program 5.26 offered in a correctional facility for the detention or 5.27 confinement of juvenile offenders must be approved by the 5.28 commissioner of children, families, and learning before the 5.29 commissioner of corrections may grant a license to the facility. 5.30 (b) For juvenile facilities licensed by the commissioner of 5.31 human services, the commissioner may inspect and certify 5.32 programs based on certification standards set forth in Minnesota 5.33 Rules. For the purpose of this paragraph, "certification" has 5.34 the meaning given it in section 245A.02. 5.35(2)(c) Any state agency which regulates, inspects, or 5.36 licenses certain aspects of correctional facilities shall, 6.1 insofar as is possible, ensure that the minimum standards it 6.2 requires are substantially the same as those required by other 6.3 state agencies which regulate, inspect, or license the same 6.4 aspects of similar types of correctional facilities, although at 6.5 different correctional facilities. 6.6(3)(d) Nothing in this section shall be construed to limit 6.7 the commissioner of corrections' authority to promulgate rules 6.8 establishing standards of eligibility for counties to receive 6.9 funds under sections 401.01 to 401.16, or to require counties to 6.10 comply with operating standards the commissioner establishes as 6.11 a condition precedent for counties to receive that funding. 6.12(4)(e) When the commissioner finds that any facility 6.13 described inclause (1)paragraph (a), except foster care 6.14 facilities for delinquent children and youth as provided in 6.15 subdivision 2, does not substantially conform to the minimum 6.16 standards established by the commissioner and is not making 6.17 satisfactory progress toward substantial conformance, the 6.18 commissioner shall promptly notify the chief executive officer 6.19 and the governing board of the facility of the deficiencies and 6.20 order that they be remedied within a reasonable period of time. 6.21 The commissioner may by written order restrict the use of any 6.22 facility which does not substantially conform to minimum 6.23 standards to prohibit the detention of any person therein for 6.24 more than 72 hours at one time. When, after due notice and 6.25 hearing, the commissioner finds that any facility described in 6.26 this subdivision, except county jails and lockups as provided in 6.27 sections 641.26, 642.10, and 642.11, does not conform to minimum 6.28 standards, or is not making satisfactory progress toward 6.29 substantial compliance therewith, the commissioner may issue an 6.30 order revoking the license of that facility. After revocation 6.31 of its license, that facility shall not be used until its 6.32 license is renewed. When the commissioner is satisfied that 6.33 satisfactory progress towards substantial compliance with 6.34 minimum standard is being made, the commissioner may, at the 6.35 request of the appropriate officials of the affected facility 6.36 supported by a written schedule for compliance, grant an 7.1 extension of time for a period not to exceed one year. 7.2(5)(f) As used in this subdivision, "correctional facility" 7.3 means any facility, including a group home, having a residential 7.4 component, the primary purpose of which is to serve persons 7.5 placed therein by a court, court services department, parole 7.6 authority, or other correctional agency having dispositional 7.7 power over persons charged with, convicted, or adjudicated to be 7.8 guilty or delinquent. 7.9 Sec. 5. Minnesota Statutes 2000, section 241.021, 7.10 subdivision 4, is amended to read: 7.11 Subd. 4. [HEALTH CARE.] The commissioner of corrections 7.12 shall provide professional health care to persons confined in 7.13 institutions under the control of the commissioner of 7.14 corrections and pay the costs of their care in hospitals and 7.15 other medical facilities not under the control of the 7.16 commissioner of corrections, including the secure treatment unit7.17operated by the St. Paul - Ramsey Hospital. All reimbursements 7.18 for these health care services shall be deposited in the general 7.19 fund. The commissioner of corrections is authorized to contract 7.20 with entities, including health care management companies, to 7.21 provide health care to inmates. With respect to these 7.22 contracts, these entities shall not be regulated as, or 7.23 otherwise considered to be, health plan companies as defined in 7.24 section 62Q.01, subdivision 4. The office of health facility 7.25 complaints has jurisdiction under sections 144A.51 to 144A.54 to 7.26 investigate complaints regarding the provision of health care 7.27 under this section. 7.28 Sec. 6. Minnesota Statutes 2000, section 241.021, 7.29 subdivision 4a, is amended to read: 7.30 Subd. 4a. [CHEMICAL DEPENDENCY TREATMENT PROGRAMS.] All 7.31 residential chemical dependency treatment programs operated by 7.32 the commissioner of corrections to treat adultsand juveniles7.33 committed to the commissioner's custody shall comply with the 7.34 standards mandated in Minnesota Rules, parts 9530.4100 to 7.35 9530.6500, or successor rule parts, for treatment programs 7.36 operated by community-basedresidentialtreatment facilities. 8.1 When the commissioners of corrections and human services agree 8.2 that these established standards for community-based programs 8.3 cannot reasonably apply to correctional facilities, alternative 8.4 equivalent standards shall be developed by the commissioners and 8.5 established through an interagency agreement. 8.6 Sec. 7. Minnesota Statutes 2000, section 241.021, is 8.7 amended by adding a subdivision to read: 8.8 Subd. 4b. [PEER REVIEW COMMITTEE.] The commissioner of 8.9 corrections shall establish a health care peer review committee. 8.10 Sections 145.61 to 145.67 apply to the committee. The committee 8.11 shall gather, review, and evaluate information relating to the 8.12 on-site and off-site quality of care and treatment of 8.13 offenders. The committee shall consist of: 8.14 (1) the director of health services; 8.15 (2) the department medical director; 8.16 (3) the regional medical director of the contracted health 8.17 care vendor; 8.18 (4) the department director of nursing; 8.19 (5) a physician from the contracting hospital provider; and 8.20 (6) another physician who provides health care to offenders 8.21 on site at a correctional facility. 8.22 Sec. 8. Minnesota Statutes 2000, section 241.021, 8.23 subdivision 6, is amended to read: 8.24 Subd. 6. [BACKGROUND STUDIES.] (a) The commissioner of 8.25 corrections is authorized to do background studies on personnel 8.26 employed by any facility serving children or youth that is 8.27 licensed under this section. The commissioner of corrections 8.28 shall contract with the commissioner of human services to 8.29 conduct background studies of individuals providing services in 8.30 secure and nonsecure residential facilities and detention 8.31 facilities who have direct contact, as defined under section 8.32 245A.04, subdivision 3, with persons served in the facilities. 8.33 A disqualification of an individual in this section shall 8.34 disqualify the individual from positions allowing direct contact 8.35 or access to persons and residents receiving services in 8.36 programs licensed by the departments of health and human 9.1 services. 9.2 (b) A clerk or administrator of any court, the bureau of 9.3 criminal apprehension, a prosecuting attorney, a county sheriff, 9.4 or a chief of a local police department, shall assist in these 9.5 studies by providing to the commissioner of human services, or 9.6 the commissioner's representative, all criminal conviction data 9.7 available from local, state, and national criminal history 9.8 record repositories, including the criminal justice data 9.9 communications network, pertaining to the following individuals: 9.10 applicants, operators, all persons living in the household, and 9.11 all staff of any facility subject to background studies under 9.12 this subdivision. 9.13 (c) The department of human services shall conduct the 9.14 background studies required by paragraph (a) in compliance with 9.15 the provisions of chapter 245A. For the purpose of this 9.16 subdivision, the term "secure and nonsecure residential facility 9.17 and detention facility" shall include programs licensed or 9.18 certified under subdivision 2. The department of human services 9.19 shall provide necessary forms and instructions, shall conduct 9.20 the necessary background studies of individuals, and shall 9.21 provide notification of the results of the studies to the 9.22 facilities, individuals, and the commissioner of corrections. 9.23 Individuals shall be disqualified under the provisions of 9.24 chapter 245A. 9.25 If an individual is disqualified, the department of human 9.26 services shall notify the facility and the individual and shall 9.27 inform the individual of the right to request a reconsideration 9.28 of the disqualification by submitting the request to the 9.29 department of corrections. 9.30 (d) The commissioner of corrections shall review and decide 9.31 reconsideration requests, including the granting of variances, 9.32 in accordance with the procedures and criteria contained in 9.33 chapter 245A. The commissioner's decision shall be provided to 9.34 the individual and to the department of human services. The 9.35 commissioner's decision to grant or deny a reconsideration of 9.36 disqualification is the final administrative agency action. 10.1 (e) Facilities described in paragraph (a) shall be 10.2 responsible for cooperating with the departments in implementing 10.3 the provisions of this subdivision. The responsibilities 10.4 imposed on applicants and licensees under chapter 245A shall 10.5 apply to these facilities. The provisions of section 245A.04, 10.6 subdivision 3, paragraph (e), shall apply to applicants, 10.7 licensees, and individuals. 10.8 Sec. 9. Minnesota Statutes 2000, section 241.67, 10.9 subdivision 8, is amended to read: 10.10 Subd. 8. [COMMUNITY-BASED SEX OFFENDER PROGRAM EVALUATION 10.11 PROJECT.] (a) For the purposes of this project, a sex offender 10.12 is an adult who has been convicted, or a juvenile who has been 10.13 adjudicated, for a sex offense or a sex-related offense which 10.14 would require registration under section 243.166. 10.15 (b) The commissioner shall develop a long-term project to 10.16 accomplish the following: 10.17 (1) provide follow-up information on each sex offender for 10.18 a period of three years following the offender's completion of 10.19 or termination from treatment; 10.20 (2) provide treatment programs in several geographical 10.21 areas in the state; 10.22 (3) provide the necessary data to form the basis to 10.23 recommend a fiscally sound plan to provide a coordinated 10.24 statewide system of effective sex offender treatment 10.25 programming; and 10.26 (4) provide an opportunity to local and regional 10.27 governments, agencies, and programs to establish models of sex 10.28 offender programs that are suited to the needs of that region. 10.29 (c)The commissioner shall provide the legislature with an10.30annual report of the data collected and the status of the10.31project by October 15 of each year, beginning in 1993.10.32(d)The commissioner shall establish an advisory task force 10.33 consisting of county probation officers from Community 10.34 Corrections Act counties and other counties, court services 10.35 providers, and other interested officials. The commissioner 10.36 shall consult with the task force concerning the establishment 11.1 and operation of the project. 11.2 Sec. 10. Minnesota Statutes 2000, section 241.69, is 11.3 amended to read: 11.4 241.69 [PSYCHIATRICMENTAL HEALTH UNIT; ESTABLISHMENT.] 11.5 Subdivision 1. [AUTHORITY; RULES.] The commissioner of 11.6 corrections shall, in accordance with applicable rules and 11.7 standards prescribed by thedepartmentsdepartment ofhealth and11.8welfarehuman services, establish, staff, equip, maintain, and 11.9 operate at one of the adult correctional institutions under the 11.10 commissioner's control apsychiatricmental health unit for the 11.11 care and treatment of those inmates of state correctional 11.12 institutions who become mentally ill. 11.13 Subd. 2. [EXAMINATION.] When any person confined in an 11.14 adult correctional institution under the control of the 11.15 commissioner of corrections is alleged to be a mentally ill 11.16 person, thechief executive officerdirector of psychological 11.17 services, or warden or other person in charge of the institution 11.18 shall cause the person to be examined by a licensed physician 11.19 especially qualified in the diagnosis of mental illness, or, if 11.20 none is available, by any licensed physician or 11.21 licensedpsychologistmental health professional available to 11.22 the institution. 11.23 Subd. 3. [TRANSFER.] If theexamining physician or11.24psychologistlicensed mental health professional finds the 11.25 person to be mentally ill and in need of short term care, the 11.26 examiningphysicianhealth care professional may recommend 11.27 transfer by the commissioner of corrections to thepsychiatric11.28 mental health unit established pursuant to subdivision 1. 11.29 Subd. 4. [COMMITMENT.] If the examiningphysicianhealth 11.30 care professional orpsychologistlicensed mental health 11.31 professional finds the person to be mentally ill and in need of 11.32 long term care in a hospital, or if an inmate transferred 11.33 pursuant to subdivision 3 refuses to voluntarily participate in 11.34 the treatment program at thepsychiatricmental health unit, the 11.35chief executive officer ofdirector of psychological services of 11.36 the institution orother person in chargethe mental health 12.1 professional shall initiate proceedings for judicial commitment 12.2 as provided in section 253B.07. Upon the recommendation of 12.3 thephysician or psychologistlicensed mental health 12.4 professional and upon completion of the hearing and 12.5 consideration of the record, the court may commit the person to 12.6 thepsychiatricmental health unit established in subdivision 1 12.7 or to another hospital. A person confined in a state 12.8 correctional institution for adults who has been adjudicated to 12.9 be mentally ill and in need of treatment may be committed to the 12.10 commissioner of corrections and placed in thepsychiatricmental 12.11 health unit established in subdivision 1. 12.12 Subd. 5. [DISCHARGE.] Thechief medical officerdirector 12.13 of psychological services of thepsychiatricmental health unit 12.14 established under this section may, subject to the provisions of 12.15 chapter 253B, provisionally discharge any inmate patient 12.16 admitted as mentally ill without discharging the commitment and 12.17 order the inmate patient's release into the general population 12.18 of the institution from which admitted, subject to return to the 12.19 facility for further treatment. 12.20 When thechief medical officerdirector of psychological 12.21 services of the facility certifies that a patient is no longer 12.22 in need of institutional care for mental illness thechief12.23medical officerdirector of psychological services shall 12.24 discharge the patient to the institution from which committed, 12.25 and the discharge shall also discharge the mental illness 12.26 commitment. 12.27 A copy of the certification that the inmate is no longer in 12.28 need of care for mental illness shall be transmitted to the 12.29 commissioner of corrections. The commissioner of corrections 12.30 shall give serious consideration to the aforementioned 12.31 certification for purposes of their supervision over the inmate 12.32 upon the inmate's release. 12.33 Subd. 6. [TRANSFER UPON EXPIRATION OF SENTENCE.] If the 12.34 sentence of a person who has been adjudicated to be mentally ill 12.35 and committed to thepsychiatricmental health unit established 12.36 under this section should expire before the person recovers and 13.1 is discharged therefrom, and, in the judgment of thechief13.2medical officerdirector of psychological services of the unit, 13.3 the person requires further hospitalization for mental illness, 13.4 the person shall be transferred by the commissioner of 13.5 corrections to a state hospital designated by the commissioner 13.6 of human services, there to be detained as in the case of other 13.7 mentally ill persons under judicial commitment. 13.8 Subd. 7. [COSTS.] The costs of the commitment proceedings 13.9 under this section shall be borne by the state. 13.10 Subd. 8. [DEFINITIONS.] For the purposes of this section, 13.11 the words defined in section 253B.02 have the meanings given 13.12 them in that section. 13.13 Sec. 11. Minnesota Statutes 2000, section 242.32, 13.14 subdivision 1a, is amended to read: 13.15 Subd. 1a. [ALTERNATIVE RESIDENTIAL PROGRAMS; FUNDING.] The 13.16 commissioner of corrections may establish and operate 13.17 alternative residential programs for juveniles. Programming is 13.18 available to court and social service agencies for placement of 13.19 juveniles to act as early intervention in juvenile crime. The 13.20 commissioner shall require participating state or federal 13.21 agencies and local units of government sending participants to 13.22 the program to pay the cost of the program. Funds received by 13.23 the commissioner for the cost of the program from state and 13.24 federal agencies and local units of government under this 13.25 subdivision must be deposited in the state treasury and credited 13.26 to a special account. Money in the account is appropriated to 13.27 the commissioner to fund the program. 13.28 Sec. 12. Minnesota Statutes 2000, section 243.05, 13.29 subdivision 6, is amended to read: 13.30 Subd. 6. [SUPERVISION BY COMMISSIONER OF CORRECTIONS; 13.31 AGENTS.] (a) The commissioner of corrections, as far as 13.32 possible, shall exercise supervision over persons released on 13.33 parole or probation pursuant to this section and section 242.19. 13.34 (b) The commissioner of corrections shall exercise 13.35 supervision over probationers as provided in section 609.135, 13.36 and over persons conditionally released pursuant to section 14.1 241.26. 14.2 (c) For the purposes of clauses (a) and (b), and sections 14.3 609.115 and 609.135, subdivision 1, the commissioner shall 14.4 appoint state agents who shall be in the classified service of 14.5 the state civil service. The commissioner may also appoint 14.6 suitable persons in any part of the state or enter into 14.7 agreements with individuals and public or private agencies, for 14.8 the same purposes, and pay the costs incurred under the 14.9 agreements.Parole agents shall reside in the various districts14.10of the state in which they are employed.Each agent or person 14.11 shall perform the duties the commissioner may prescribe in 14.12 behalf of or in the supervision of those persons described in 14.13 clause (b). In addition, each agent or person shall act under 14.14 the orders of the commissioner in the supervision of those 14.15 persons conditionally released as provided in clause (a). 14.16 Agents shall provide assistance to conditionally released 14.17 persons in obtaining employment, and shall conduct relevant 14.18 investigations and studies of persons under supervision upon the 14.19 request of the commissioner. Regional supervisors may also 14.20 supervise state parole agents as directed by the commissioner of 14.21 corrections. This duty shall not interfere with the supervisor's 14.22 responsibility under the County Probation Act, Laws 1959, 14.23 chapter 698. 14.24 Sec. 13. Minnesota Statutes 2000, section 243.51, 14.25 subdivision 2, is amended to read: 14.26 Subd. 2. [TRANSFER OF INMATES TO FEDERAL GOVERNMENT.] The 14.27 commissioner of corrections may transfer to the custody of the 14.28 United States attorney general any inmate ofthea Minnesota 14.29 correctionalfacility-Stillwater or the Minnesota correctional14.30facility-Shakopeefacility whose presence is seriously 14.31 detrimental to the internal discipline and well-being of the 14.32 facility, or whose personal safety cannot be reasonably secured 14.33 therein or in any other state facility, provided the attorney 14.34 general of the United States accept such transfer. Such 14.35 transfer shall be accomplished in the manner prescribed by 14.36 United States Code, title 18, section 5003 and acts amendatory 15.1 thereof, and the commissioner of corrections may execute such 15.2 contracts as therein provided. The reimbursement of the federal 15.3 government for all costs and expenses incurred for the care, 15.4 custody, subsistence, education, treatment, and training of such 15.5 transferee shall be paid from the appropriation for the 15.6 operation of the Minnesota correctionalfacility-Stillwater or15.7the Minnesota correctional facility-Shakopeefacility from which 15.8 the inmate was transferred. 15.9 The chief executive officer of the transferring facility 15.10 shall attach to such contract a duly certified copy of the 15.11 warrant of commitment under which such inmate is held, together 15.12 with copies of such other commitment papers as are required by 15.13 section 243.49, and such other data relating to the character 15.14 and condition of such inmates as the officer may deem necessary 15.15 or may be required by the federal prison authorities. Such copy 15.16 of the warrant of commitment and accompanying papers shall 15.17 constitute sufficient authority for the United States to hold 15.18 such inmate on behalf of the state of Minnesota. 15.19 Any inmate so transferred under this subdivision shall be 15.20 subject to the terms and conditions of the inmate's original 15.21 sentence as if the inmate were serving the same within the 15.22 confines of the facility from which transferred. Nothing herein 15.23 contained shall deprive such inmate of the right to parole or 15.24 the rights to legal process in the courts of this state. 15.25 Sec. 14. Minnesota Statutes 2000, section 243.53, 15.26 subdivision 1, is amended to read: 15.27 Subdivision 1. [SEPARATE CELLS.] (a) When there are 15.28 sufficient cells available, each inmate shall be confined in a 15.29 separate cell. Each inmate shall be confined in a separate cell 15.30 in institutions classified by the commissioner as custody level 15.31 five and six institutions. This requirement does not apply to 15.32 the following: 15.33 (1) geriatric dormitory-type facilities; 15.34 (2) honor dormitory-type facilities; and 15.35 (3) any other multiple occupancy facility at a custody 15.36 level five or six institution that confines inmates who could be 16.1 confined in an institution at custody level four or lower. 16.2 (b) Correctional institutions classified by the 16.3 commissioner as custody level one, two, three, or four 16.4 institutions must permit multiple occupancy, except segregation 16.5 units, to the greatest extent possible.The commissioner shall16.6annually publish a list of the custody levels of all16.7correctional institutions.16.8 Sec. 15. Minnesota Statutes 2000, section 244.052, 16.9 subdivision 3, is amended to read: 16.10 Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 16.11 commissioner of corrections shall establish and administer 16.12 end-of-confinement review committees at each state correctional 16.13 facility and at each state treatment facility where predatory 16.14 offenders are confined. The committees shall assess on a 16.15 case-by-case basis the public risk posed by predatory offenders 16.16 who are about to be released from confinement. 16.17 (b) Each committee shall be a standing committee and shall 16.18 consist of the following members appointed by the commissioner: 16.19 (1) the chief executive officer or head of the correctional 16.20 or treatment facility where the offender is currently confined, 16.21 or that person's designee; 16.22 (2) a law enforcement officer; 16.23 (3) a treatment professional who is trained in the 16.24 assessment of sex offenders; 16.25 (4) a caseworker experienced in supervising sex offenders; 16.26 and 16.27 (5) a victim's services professional. 16.28 Members of the committee, other than the facility's chief 16.29 executive officer or head, shall be appointed by the 16.30 commissioner to two-year terms. The chief executive officer or 16.31 head of the facility or designee shall act as chair of the 16.32 committee and shall use the facility's staff, as needed, to 16.33 administer the committee, obtain necessary information from 16.34 outside sources, and prepare risk assessment reports on 16.35 offenders. 16.36 (c) The committee shall have access to the following data 17.1 on a predatory offender only for the purposes of its assessment 17.2 and to defend the committee's risk assessment determination upon 17.3 administrative review under this section: 17.4 (1) private medical data under section 13.384 or 144.335, 17.5 or welfare data under section 13.46 that relate to medical 17.6 treatment of the offender; 17.7 (2) private and confidential court services data under 17.8 section 13.84; 17.9 (3) private and confidential corrections data under section 17.10 13.85; and 17.11 (4) private criminal history data under section 13.87. 17.12 Data collected and maintained by the committee under this 17.13 paragraph may not be disclosed outside the committee, except as 17.14 provided under section 13.05, subdivision 3 or 4. The predatory 17.15 offender has access to data on the offender collected and 17.16 maintained by the committee, unless the data are confidential 17.17 data received under this paragraph. 17.18 (d)(i) Except as otherwise provided in item (ii), at least 17.19 90 days before a predatory offender is to be released from 17.20 confinement, the commissioner of corrections shall convene the 17.21 appropriate end-of-confinement review committee for the purpose 17.22 of assessing the risk presented by the offender and determining 17.23 the risk level to which the offender shall be assigned under 17.24 paragraph (e). The offender and the law enforcement agency that 17.25 was responsible for the charge resulting in confinement shall be 17.26 notified of the time and place of the committee's meeting. The 17.27 offender has a right to be present and be heard at the meeting. 17.28 The law enforcement agency may provide material in writing that 17.29 is relevant to the offender's risk level to the chair of the 17.30 committee. The committee shall use the risk factors described 17.31 in paragraph (g) and the risk assessment scale developed under 17.32 subdivision 2 to determine the offender's risk assessment score 17.33 and risk level. Offenders scheduled for release from 17.34 confinement shall be assessed by the committee established at 17.35 the facility from which the offender is to be released. 17.36 (ii) If an offender is received for confinement in a 18.1 facility with less than 90 days remaining in the offender's term 18.2 of confinement, the offender's risk shall be assessed at the 18.3 first regularly scheduled end of confinement review committee 18.4 that convenes after the appropriate documentation for the risk 18.5 assessment is assembled by the committee. The commissioner 18.6 shall make reasonable efforts to ensure that offender's risk is 18.7 assessed and a risk level is assigned or reassigned at least 30 18.8 days before the offender's release date. 18.9 (e) The committee shall assign to risk level I a predatory 18.10 offender whose risk assessment score indicates a low risk of 18.11 reoffense. The committee shall assign to risk level II an 18.12 offender whose risk assessment score indicates a moderate risk 18.13 of reoffense. The committee shall assign to risk level III an 18.14 offender whose risk assessment score indicates a high risk of 18.15 reoffense. 18.16 (f) Before the predatory offender is released from 18.17 confinement, the committee shall prepare a risk assessment 18.18 report which specifies the risk level to which the offender has 18.19 been assigned and the reasons underlying the committee's risk 18.20 assessment decision. The committee shall give the report to the 18.21 offender and to the law enforcement agency at least 60 days 18.22 before an offender is released from confinement. If the risk 18.23 assessment is performed under the circumstances described in 18.24 paragraph (d), item (ii), the report shall be given to the 18.25 offender and the law enforcement agency as soon as it is 18.26 available. The committee also shall inform the offender of the 18.27 availability of review under subdivision 6. 18.28 (g) As used in this subdivision, "risk factors" includes, 18.29 but is not limited to, the following factors: 18.30 (1) the seriousness of the offense should the offender 18.31 reoffend. This factor includes consideration of the following: 18.32 (i) the degree of likely force or harm; 18.33 (ii) the degree of likely physical contact; and 18.34 (iii) the age of the likely victim; 18.35 (2) the offender's prior offense history. This factor 18.36 includes consideration of the following: 19.1 (i) the relationship of prior victims to the offender; 19.2 (ii) the number of prior offenses or victims; 19.3 (iii) the duration of the offender's prior offense history; 19.4 (iv) the length of time since the offender's last prior 19.5 offense while the offender was at risk to commit offenses; and 19.6 (v) the offender's prior history of other antisocial acts; 19.7 (3) the offender's characteristics. This factor includes 19.8 consideration of the following: 19.9 (i) the offender's response to prior treatment efforts; and 19.10 (ii) the offender's history of substance abuse; 19.11 (4) the availability of community supports to the offender. 19.12 This factor includes consideration of the following: 19.13 (i) the availability and likelihood that the offender will 19.14 be involved in therapeutic treatment; 19.15 (ii) the availability of residential supports to the 19.16 offender, such as a stable and supervised living arrangement in 19.17 an appropriate location; 19.18 (iii) the offender's familial and social relationships, 19.19 including the nature and length of these relationships and the 19.20 level of support that the offender may receive from these 19.21 persons; and 19.22 (iv) the offender's lack of education or employment 19.23 stability; 19.24 (5) whether the offender has indicated or credible evidence 19.25 in the record indicates that the offender will reoffend if 19.26 released into the community; and 19.27 (6) whether the offender demonstrates a physical condition 19.28 that minimizes the risk of reoffense, including but not limited 19.29 to, advanced age or a debilitating illness or physical condition. 19.30 (h) Upon the request of the law enforcement agency or the 19.31 offender's corrections agent, the commissioner may reconvene the 19.32 end-of-confinement review committee for the purpose of 19.33 reassessing the risk level to which an offender has been 19.34 assigned under paragraph (e). In a request for a reassessment, 19.35 the law enforcement agency which was responsible for the charge 19.36 resulting in confinement or agent shall list the facts and 20.1 circumstances arising after the initial assignment or facts and 20.2 circumstances known to law enforcement or the agent but not 20.3 considered by the committee under paragraph (e) which support 20.4 the request for a reassessment. The request for reassessment by 20.5 the law enforcement agency must occur within 30 days of receipt 20.6 of the report indicating the offender's risk level assignment. 20.7 The offender's corrections agent, in consultation with the chief 20.8 law enforcement officer in the area where the offender resides 20.9 or intends to reside, may request a review of a risk level at 20.10 any time if substantial evidence exists that the offender's risk 20.11 level should be reviewed by an end-of-confinement review 20.12 committee. This evidence includes, but is not limited to, 20.13 evidence of treatment failures or completions, evidence of 20.14 exceptional crime-free community adjustment or lack of 20.15 appropriate adjustment, evidence of substantial community need 20.16 to know more about the offender or mitigating circumstances that 20.17 would narrow the proposed scope of notification, or other 20.18 practical situations articulated and based in evidence of the 20.19 offender's behavior while under supervision. Upon review of the 20.20 request, the end-of-confinement review committee may reassign an 20.21 offender to a different risk level. If the offender is 20.22 reassigned to a higher risk level, the offender has the right to 20.23 seek review of the committee's determination under subdivision 6. 20.24 (i) An offender may request the end-of-confinement review 20.25 committee to reassess the offender's assigned risk level after 20.26 three years have elapsed since the committee's initial risk 20.27 assessment and may renew the request once every two years 20.28 following subsequent denials. In a request for reassessment, 20.29 the offender shall list the facts and circumstances which 20.30 demonstrate that the offender no longer poses the same degree of 20.31 risk to the community. In order for a request for a risk level 20.32 reduction to be granted, the offender must demonstrate full 20.33 compliance with supervised release conditions, completion of 20.34 required post-release treatment programming, and full compliance 20.35 with all registration requirements as detailed in section 20.36 243.166. The offender must also not have been convicted of any 21.1 felony, gross misdemeanor, or misdemeanor offenses subsequent to 21.2 the assignment of the original risk level. The committee shall 21.3 follow the process outlined in paragraphs (a) to(e), and21.4(g)(c) in the reassessment. An offender who is incarcerated 21.5 may not request a reassessment under this paragraph. 21.6 (j) Offenders returned to prison as release violators shall 21.7 not have a right to a subsequent risk reassessment by the 21.8 end-of-confinement review committee unless substantial evidence 21.9 indicates that the offender's risk to the public has increased. 21.10 (k) The commissioner shall establish an end-of-confinement 21.11 review committee to assign a risk level to offenders who are 21.12 released from a federal correctional facility in Minnesota or 21.13 another state and who intend to reside in Minnesota, and to 21.14 offenders accepted from another state under a reciprocal 21.15 agreement for parole supervision under the interstate compact 21.16 authorized by section 243.16. The committee shall make 21.17 reasonable efforts to conform to the same timelines as applied 21.18 to Minnesota cases. Offenders accepted from another state under 21.19 a reciprocal agreement for probation supervision are not 21.20 assigned a risk level, but are considered downward dispositional 21.21 departures. The probation or court services officer and law 21.22 enforcement officer shall manage such cases in accordance with 21.23 section 244.10, subdivision 2a. The policies and procedures of 21.24 the committee for federal offenders and interstate compact cases 21.25 must be in accordance with all requirements as set forth in this 21.26 section, unless restrictions caused by the nature of federal or 21.27 interstate transfers prevents such conformance. 21.28(k)(l) If the committee assigns a predatory offender to 21.29 risk level III, the committee shall determine whether residency 21.30 restrictions shall be included in the conditions of the 21.31 offender's release based on the offender's pattern of offending 21.32 behavior. 21.33 Sec. 16. Minnesota Statutes 2000, section 244.173, is 21.34 amended to read: 21.35 244.173 [CHALLENGE INCARCERATION PROGRAM; EVALUATION AND 21.36 REPORT.] 22.1 The commissioner shall develop a system for gathering and 22.2 analyzing information concerning the value and effectiveness of 22.3 the challenge incarceration program.The commissioner shall22.4report to the committees of the house of representatives and22.5senate with jurisdiction over criminal justice policy by January22.61, 1996, on the operation of the program.22.7 Sec. 17. Minnesota Statutes 2000, section 244.18, 22.8 subdivision 1, is amended to read: 22.9 Subdivision 1. [DEFINITION.] As used in this section, 22.10 "local correctional fees" include fees for the following 22.11 correctional services: 22.12 (1) community service work placement and supervision; 22.13 (2) restitution collection; 22.14 (3) supervision; 22.15 (4) court ordered investigations;or22.16 (5) any other court ordered service; 22.17 (6) post-prison supervision or other form of release; or 22.18 (7) supervision or other services provided to probationers 22.19 or parolees under section 243.16 to be provided by a local 22.20 probation and parole agency established under section 244.19 or 22.21 community corrections agency established under chapter 401. 22.22 Sec. 18. Minnesota Statutes 2000, section 390.11, 22.23 subdivision 1, is amended to read: 22.24 Subdivision 1. [DEATHS REQUIRING INQUESTS AND 22.25 INVESTIGATIONS.] Except as provided in subdivision 1a, the 22.26 coroner shall investigate and may conduct inquests in all human 22.27 deaths of the following types: 22.28 (1) violent deaths, whether apparently homicidal, suicidal, 22.29 or accidental, including but not limited to deaths due to 22.30 thermal, chemical, electrical, or radiational injury, and deaths 22.31 due to criminal abortion, whether apparently self induced or 22.32 not; 22.33 (2) deaths under unusual or mysterious circumstances; 22.34 (3) deaths of persons whose bodies are to be cremated, 22.35 dissected, buried at sea, or otherwise disposed of so that the 22.36 bodies will later be unavailable for examination; and 23.1 (4) deaths of inmates of public institutions who are not 23.2 hospitalized for organic disease and whose deaths are not of any 23.3 type referred to in clause (1) or (2). 23.4 Sec. 19. Minnesota Statutes 2000, section 390.11, is 23.5 amended by adding a subdivision to read: 23.6 Subd. 1a. [COMMISSIONER OF CORRECTIONS; INVESTIGATION OF 23.7 DEATHS.] The commissioner of corrections may require that all 23.8 department of corrections incarcerated deaths be reviewed by an 23.9 independent, contracted board-certified forensic pathologist. 23.10 Sec. 20. Minnesota Statutes 2000, section 390.32, is 23.11 amended by adding a subdivision to read: 23.12 Subd. 11. [COMMISSIONER OF CORRECTIONS; INVESTIGATION OF 23.13 DEATHS.] The commissioner of corrections may require that all 23.14 department of corrections incarcerated deaths be reviewed by an 23.15 independent, contracted board-certified forensic pathologist. 23.16 Sec. 21. Minnesota Statutes 2000, section 609.341, 23.17 subdivision 11, is amended to read: 23.18 Subd. 11. (a) "Sexual contact," for the purposes of 23.19 sections 609.343, subdivision 1, clauses (a) to (f), and 23.20 609.345, subdivision 1, clauses (a) to (e), and (h) to(l)(m), 23.21 includes any of the following acts committed without the 23.22 complainant's consent, except in those cases where consent is 23.23 not a defense, and committed with sexual or aggressive intent: 23.24 (i) the intentional touching by the actor of the 23.25 complainant's intimate parts, or 23.26 (ii) the touching by the complainant of the actor's, the 23.27 complainant's, or another's intimate parts effected by a person 23.28 in a position of authority, or by coercion, or by inducement if 23.29 the complainant is under 13 years of age or mentally impaired, 23.30 or 23.31 (iii) the touching by another of the complainant's intimate 23.32 parts effected by coercion or by a person in a position of 23.33 authority, or 23.34 (iv) in any of the cases above, the touching of the 23.35 clothing covering the immediate area of the intimate parts. 23.36 (b) "Sexual contact," for the purposes of sections 609.343, 24.1 subdivision 1, clauses (g) and (h), and 609.345, subdivision 1, 24.2 clauses (f) and (g), includes any of the following acts 24.3 committed with sexual or aggressive intent: 24.4 (i) the intentional touching by the actor of the 24.5 complainant's intimate parts; 24.6 (ii) the touching by the complainant of the actor's, the 24.7 complainant's, or another's intimate parts; 24.8 (iii) the touching by another of the complainant's intimate 24.9 parts; or 24.10 (iv) in any of the cases listed above, touching of the 24.11 clothing covering the immediate area of the intimate parts. 24.12 (c) "Sexual contact with a person under 13" means the 24.13 intentional touching of the complainant's bare genitals or anal 24.14 opening by the actor's bare genitals or anal opening with sexual 24.15 or aggressive intent or the touching by the complainant's bare 24.16 genitals or anal opening of the actor's or another's bare 24.17 genitals or anal opening with sexual or aggressive intent. 24.18 Sec. 22. Minnesota Statutes 2000, section 609.344, 24.19 subdivision 1, is amended to read: 24.20 Subdivision 1. [CRIME DEFINED.] A person who engages in 24.21 sexual penetration with another person is guilty of criminal 24.22 sexual conduct in the third degree if any of the following 24.23 circumstances exists: 24.24 (a) the complainant is under 13 years of age and the actor 24.25 is no more than 36 months older than the complainant. Neither 24.26 mistake as to the complainant's age nor consent to the act by 24.27 the complainant shall be a defense; 24.28 (b) the complainant is at least 13 but less than 16 years 24.29 of age and the actor is more than 24 months older than the 24.30 complainant. In any such case it shall be an affirmative 24.31 defense, which must be proved by a preponderance of the 24.32 evidence, that the actor believes the complainant to be 16 years 24.33 of age or older. If the actor in such a case is no more than 48 24.34 months but more than 24 months older than the complainant, the 24.35 actor may be sentenced to imprisonment for not more than five 24.36 years. Consent by the complainant is not a defense; 25.1 (c) the actor uses force or coercion to accomplish the 25.2 penetration; 25.3 (d) the actor knows or has reason to know that the 25.4 complainant is mentally impaired, mentally incapacitated, or 25.5 physically helpless; 25.6 (e) the complainant is at least 16 but less than 18 years 25.7 of age and the actor is more than 48 months older than the 25.8 complainant and in a position of authority over the complainant. 25.9 Neither mistake as to the complainant's age nor consent to the 25.10 act by the complainant is a defense; 25.11 (f) the actor has a significant relationship to the 25.12 complainant and the complainant was at least 16 but under 18 25.13 years of age at the time of the sexual penetration. Neither 25.14 mistake as to the complainant's age nor consent to the act by 25.15 the complainant is a defense; 25.16 (g) the actor has a significant relationship to the 25.17 complainant, the complainant was at least 16 but under 18 years 25.18 of age at the time of the sexual penetration, and: 25.19 (i) the actor or an accomplice used force or coercion to 25.20 accomplish the penetration; 25.21 (ii) the complainant suffered personal injury; or 25.22 (iii) the sexual abuse involved multiple acts committed 25.23 over an extended period of time. 25.24 Neither mistake as to the complainant's age nor consent to 25.25 the act by the complainant is a defense; 25.26 (h) the actor is a psychotherapist and the complainant is a 25.27 patient of the psychotherapist and the sexual penetration 25.28 occurred: 25.29 (i) during the psychotherapy session; or 25.30 (ii) outside the psychotherapy session if an ongoing 25.31 psychotherapist-patient relationship exists. 25.32 Consent by the complainant is not a defense; 25.33 (i) the actor is a psychotherapist and the complainant is a 25.34 former patient of the psychotherapist and the former patient is 25.35 emotionally dependent upon the psychotherapist; 25.36 (j) the actor is a psychotherapist and the complainant is a 26.1 patient or former patient and the sexual penetration occurred by 26.2 means of therapeutic deception. Consent by the complainant is 26.3 not a defense; 26.4 (k) the actor accomplishes the sexual penetration by means 26.5 of deception or false representation that the penetration is for 26.6 a bona fide medical purpose. Consent by the complainant is not 26.7 a defense;or26.8 (1) the actor is or purports to be a member of the clergy, 26.9 the complainant is not married to the actor, and: 26.10 (i) the sexual penetration occurred during the course of a 26.11 meeting in which the complainant sought or received religious or 26.12 spiritual advice, aid, or comfort from the actor in private; or 26.13 (ii) the sexual penetration occurred during a period of 26.14 time in which the complainant was meeting on an ongoing basis 26.15 with the actor to seek or receive religious or spiritual advice, 26.16 aid, or comfort in private. Consent by the complainant is not a 26.17 defense; or 26.18 (m) the actor is an employee, contract personnel, or 26.19 volunteer of a state, county, city, or privately operated adult 26.20 or juvenile correctional system, including, but not limited to, 26.21 jails, prisons, detention centers, or work release facilities, 26.22 and the complainant is a resident of a facility or under 26.23 supervision of the correctional system. Consent by the 26.24 complainant is not a defense. 26.25 Sec. 23. Minnesota Statutes 2000, section 609.345, 26.26 subdivision 1, is amended to read: 26.27 Subdivision 1. [CRIME DEFINED.] A person who engages in 26.28 sexual contact with another person is guilty of criminal sexual 26.29 conduct in the fourth degree if any of the following 26.30 circumstances exists: 26.31 (a) the complainant is under 13 years of age and the actor 26.32 is no more than 36 months older than the complainant. Neither 26.33 mistake as to the complainant's age or consent to the act by the 26.34 complainant is a defense. In a prosecution under this clause, 26.35 the state is not required to prove that the sexual contact was 26.36 coerced; 27.1 (b) the complainant is at least 13 but less than 16 years 27.2 of age and the actor is more than 48 months older than the 27.3 complainant or in a position of authority over the complainant. 27.4 Consent by the complainant to the act is not a defense. In any 27.5 such case, it shall be an affirmative defense which must be 27.6 proved by a preponderance of the evidence that the actor 27.7 believes the complainant to be 16 years of age or older; 27.8 (c) the actor uses force or coercion to accomplish the 27.9 sexual contact; 27.10 (d) the actor knows or has reason to know that the 27.11 complainant is mentally impaired, mentally incapacitated, or 27.12 physically helpless; 27.13 (e) the complainant is at least 16 but less than 18 years 27.14 of age and the actor is more than 48 months older than the 27.15 complainant and in a position of authority over the complainant. 27.16 Neither mistake as to the complainant's age nor consent to the 27.17 act by the complainant is a defense; 27.18 (f) the actor has a significant relationship to the 27.19 complainant and the complainant was at least 16 but under 18 27.20 years of age at the time of the sexual contact. Neither mistake 27.21 as to the complainant's age nor consent to the act by the 27.22 complainant is a defense; 27.23 (g) the actor has a significant relationship to the 27.24 complainant, the complainant was at least 16 but under 18 years 27.25 of age at the time of the sexual contact, and: 27.26 (i) the actor or an accomplice used force or coercion to 27.27 accomplish the contact; 27.28 (ii) the complainant suffered personal injury; or 27.29 (iii) the sexual abuse involved multiple acts committed 27.30 over an extended period of time. 27.31 Neither mistake as to the complainant's age nor consent to 27.32 the act by the complainant is a defense; 27.33 (h) the actor is a psychotherapist and the complainant is a 27.34 patient of the psychotherapist and the sexual contact occurred: 27.35 (i) during the psychotherapy session; or 27.36 (ii) outside the psychotherapy session if an ongoing 28.1 psychotherapist-patient relationship exists. Consent by the 28.2 complainant is not a defense; 28.3 (i) the actor is a psychotherapist and the complainant is a 28.4 former patient of the psychotherapist and the former patient is 28.5 emotionally dependent upon the psychotherapist; 28.6 (j) the actor is a psychotherapist and the complainant is a 28.7 patient or former patient and the sexual contact occurred by 28.8 means of therapeutic deception. Consent by the complainant is 28.9 not a defense; 28.10 (k) the actor accomplishes the sexual contact by means of 28.11 deception or false representation that the contact is for a bona 28.12 fide medical purpose. Consent by the complainant is not a 28.13 defense;or28.14 (1) the actor is or purports to be a member of the clergy, 28.15 the complainant is not married to the actor, and: 28.16 (i) the sexual contact occurred during the course of a 28.17 meeting in which the complainant sought or received religious or 28.18 spiritual advice, aid, or comfort from the actor in private; or 28.19 (ii) the sexual contact occurred during a period of time in 28.20 which the complainant was meeting on an ongoing basis with the 28.21 actor to seek or receive religious or spiritual advice, aid, or 28.22 comfort in private. Consent by the complainant is not a 28.23 defense; or 28.24 (m) the actor is an employee, contract personnel, or 28.25 volunteer of a state, county, city, or privately operated adult 28.26 or juvenile correctional system, including, but not limited to, 28.27 jails, prisons, detention centers, or work release facilities, 28.28 and the complainant is a resident of a facility or under 28.29 supervision of the correctional system. Consent by the 28.30 complainant is not a defense. 28.31 Sec. 24. Minnesota Statutes 2000, section 609.3452, 28.32 subdivision 1, is amended to read: 28.33 Subdivision 1. [ASSESSMENT REQUIRED.] When a person is 28.34 convicted of aviolation of section 609.342; 609.343; 609.344;28.35609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23, or28.36another offense arising out of a charge based on one or more of29.1those sectionssex offense, the court shall order an independent 29.2 professional assessment of the offender's need for sex offender 29.3 treatment. The court may waive the assessment if: (1) the 29.4 sentencing guidelines provide a presumptive prison sentence for 29.5 the offender, or (2) an adequate assessment was conducted prior 29.6 to the conviction. An assessor providing an assessment for the 29.7 court must be experienced in the evaluation and treatment of sex 29.8 offenders. 29.9 Sec. 25. Minnesota Statutes 2000, section 609.3452, is 29.10 amended by adding a subdivision to read: 29.11 Subd. 1a. [REPEAT OFFENDERS; MANDATORY ASSESSMENT.] When a 29.12 person is convicted of a felony-level sex offense, and the 29.13 person has previously been convicted of a sex offense regardless 29.14 of the penalty level, the court shall order a sex offender 29.15 assessment to be completed by the Minnesota security hospital. 29.16 The assessment must contain the facts upon which the assessment 29.17 conclusion is based, with reference to the offense history of 29.18 the offender or the severity of the current offense, the social 29.19 history of the offender, and the results of an examination of 29.20 the offender's mental status unless the offender refuses to be 29.21 examined. The assessment conclusion may not be based on testing 29.22 alone. Upon completion, the assessment must be forwarded to the 29.23 court and the commissioner of corrections. The court shall 29.24 consider the assessment when sentencing the offender and, if 29.25 applicable, when making the preliminary determination regarding 29.26 the appropriateness of a civil commitment petition under section 29.27 609.1351. 29.28 Sec. 26. Minnesota Statutes 2000, section 609.3452, is 29.29 amended by adding a subdivision to read: 29.30 Subd. 4. [DEFINITION.] As used in this section, "sex 29.31 offense" means a violation of section 609.342; 609.343; 609.344; 29.32 609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23; or 29.33 another offense arising out of a charge based on one or more of 29.34 those sections. 29.35 Sec. 27. Minnesota Statutes 2000, section 611A.19, is 29.36 amended to read: 30.1 611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY 30.2 VIRUS.] 30.3 Subdivision 1. [TESTING ON REQUEST OF VICTIM.] (a) Upon 30.4 the request or with the consent of the victim, the prosecutor 30.5 shall make a motion in camera and the sentencing court shall 30.6 issue an order requiring an adult convicted of or a juvenile 30.7 adjudicated delinquent for violating section 609.342 (criminal 30.8 sexual conduct in the first degree), 609.343 (criminal sexual 30.9 conduct in the second degree), 609.344 (criminal sexual conduct 30.10 in the third degree), 609.345 (criminal sexual conduct in the 30.11 fourth degree), or any other violent crime, as defined in 30.12 section 609.1095, to submit to testing to determine the presence 30.13 of human immunodeficiency virus (HIV) antibody if: 30.14 (1) the crime involved sexual penetration, however slight, 30.15 as defined in section 609.341, subdivision 12; or 30.16 (2) evidence exists that the broken skin or mucous membrane 30.17 of the victim was exposed to or had contact with the offender's 30.18 semen or blood during the commission of the crime in a manner 30.19 which has been demonstrated epidemiologically to transmit the 30.20 human immunodeficiency virus (HIV). 30.21 (b) When the court orders an offender to submit to testing 30.22 under paragraph (a), the court shall order that the test be 30.23 performed by an appropriate health professional who is trained 30.24 to provide the counseling described in section 144.7414, and 30.25 that no reference to the test, the motion requesting the test, 30.26 the test order, or the test results may appear in the criminal 30.27 record or be maintained in any record of the court or court 30.28 services, except in the medical record maintained by the 30.29 department of corrections. 30.30 Subd. 2. [DISCLOSURE OF TEST RESULTS.] The date and 30.31 results of a test performed under subdivision 1 are private data 30.32 as defined in section 13.02, subdivision 12, when maintained by 30.33 a person subject to chapter 13, or may be released only with the 30.34 subject's consent, if maintained by a person not subject to 30.35 chapter 13. The results are available, on request, to the 30.36 victim or, if the victim is a minor, to the victim's parent or 31.1 guardian and positive test results shall be reported to the 31.2 commissioner of health. Any test results given to a victim or 31.3 victim's parent or guardian shall be provided by a health 31.4 professional who is trained to provide the counseling described 31.5 in section 144.7414. Data regarding administration and results 31.6 of the test are not accessible to any other person for any 31.7 purpose and shall not be maintained in any record of the court 31.8 or court services or any other record. After the test results 31.9 are given to the victim or the victim's parent or guardian, data 31.10 on the test must be removed from any medical data or health 31.11 records maintained under section 13.384 or 144.335 and 31.12 destroyed, except for those medical records maintained by the 31.13 department of corrections. 31.14 Sec. 28. [ELECTRONIC ALCOHOL MONITORING STUDY AND REPORT.] 31.15 (a) The commissioner of corrections shall conduct a study 31.16 to determine and compare the recidivism rates of DWI offenders 31.17 who are subject to electronic alcohol monitoring with those who 31.18 are not. In addition, the study must determine and compare the 31.19 pretrial conditional release violation rates for DWI offenders 31.20 subject to this type of monitoring with those who are not. 31.21 (b) The study's determinations and comparisons must be 31.22 assessed and evaluated using standard statistical methodology. 31.23 To the extent possible, the characteristics and performance of 31.24 the program participants must be compared with the 31.25 characteristics and performance of one or more control groups of 31.26 similar impaired driving offenders. Control variables for this 31.27 analysis must include, but are not limited to, the following 31.28 factors: 31.29 (1) the offense level as measured by the number of prior 31.30 impaired driving violations on record; 31.31 (2) the date of the offense and the length of the follow-up 31.32 measurement period; 31.33 (3) the length of any incarceration following conviction 31.34 for the offense; and 31.35 (4) the length of time that offenders had been under 31.36 electronic alcohol monitoring. 32.1 The study must also determine whether the impaired driving 32.2 recidivism, if any, occurred during or following the period of 32.3 electronic alcohol monitoring, and whether it occurred pretrial 32.4 or following conviction. 32.5 (c) By February 15, 2002, the commissioner shall report the 32.6 results of the study to the chairs and members of the senate and 32.7 house committees and divisions having jurisdiction over impaired 32.8 driving policy and funding. 32.9 Sec. 29. [REPEALER.] 32.10 Minnesota Statutes 2000, sections 241.016, subdivision 2, 32.11 241.19, and 242.51, are repealed. 32.12 Sec. 30. [EFFECTIVE DATE.] 32.13 Sections 21 to 23 are effective June 1, 2001, and apply to 32.14 crimes committed on or after that date. Sections 24 to 26 are 32.15 effective the day following final enactment.