HF 1684

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; providing for 
  1.3             indeterminate sentencing for first- and second-degree 
  1.4             criminal sexual conduct offenders; amending Minnesota 
  1.5             Statutes 2000, sections 609.108, subdivisions 1 and 3; 
  1.6             609.109, subdivisions 2, 6, and 7; 609.342, 
  1.7             subdivision 2; 609.343, subdivision 2; and 609.3452, 
  1.8             subdivision 1; proposing coding for new law in 
  1.9             Minnesota Statutes, chapter 609; repealing Minnesota 
  1.10            Statutes 2000, sections 609.109, subdivisions 3 and 4; 
  1.11            609.342, subdivision 3; and 609.343, subdivision 3. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2000, section 609.108, 
  1.14  subdivision 1, is amended to read: 
  1.15     Subdivision 1.  [MANDATORY INCREASED SENTENCE.] (a) A court 
  1.16  shall commit a person to the commissioner of corrections for a 
  1.17  period of time that is not less than double the presumptive 
  1.18  sentence under the sentencing guidelines and not more than the 
  1.19  statutory maximum, or if the statutory maximum is less than 
  1.20  double the presumptive sentence, for a period of time that is 
  1.21  equal to the statutory maximum, if: 
  1.22     (1) the court is imposing an executed sentence, based on a 
  1.23  sentencing guidelines presumptive imprisonment sentence or a 
  1.24  dispositional departure for aggravating circumstances or a 
  1.25  mandatory minimum sentence, on a person convicted of committing 
  1.26  or attempting to commit a violation of section 609.342, 609.343, 
  1.27  609.344, or 609.345, or on a person convicted of committing or 
  1.28  attempting to commit any other crime listed in subdivision 3 if 
  2.1   it reasonably appears to the court that the crime was motivated 
  2.2   by the offender's sexual impulses or was part of a predatory 
  2.3   pattern of behavior that had criminal sexual conduct as its 
  2.4   goal; 
  2.5      (2) the court finds that the offender is a danger to public 
  2.6   safety; and 
  2.7      (3) the court finds that the offender needs long-term 
  2.8   treatment or supervision beyond the presumptive term of 
  2.9   imprisonment and supervised release.  The finding must be based 
  2.10  on a professional assessment by an examiner experienced in 
  2.11  evaluating sex offenders that concludes that the offender is a 
  2.12  patterned sex offender.  The assessment must contain the facts 
  2.13  upon which the conclusion is based, with reference to the 
  2.14  offense history of the offender or the severity of the current 
  2.15  offense, the social history of the offender, and the results of 
  2.16  an examination of the offender's mental status unless the 
  2.17  offender refuses to be examined.  The conclusion may not be 
  2.18  based on testing alone.  A patterned sex offender is one whose 
  2.19  criminal sexual behavior is so engrained that the risk of 
  2.20  reoffending is great without intensive psychotherapeutic 
  2.21  intervention or other long-term controls. 
  2.22     (b) The court shall consider imposing a sentence under this 
  2.23  section whenever a person is convicted of violating section 
  2.24  609.342 or 609.343. 
  2.25     Sec. 2.  Minnesota Statutes 2000, section 609.108, 
  2.26  subdivision 3, is amended to read: 
  2.27     Subd. 3.  [PREDATORY CRIME.] A predatory crime is a felony 
  2.28  violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 
  2.29  609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 
  2.30  609.255, 609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 
  2.31  609.561, or 609.582, subdivision 1. 
  2.32     Sec. 3.  [609.1085] [INDETERMINATE SENTENCE FOR FIRST- AND 
  2.33  SECOND-DEGREE SEXUAL CONDUCT OFFENDERS.] 
  2.34     Subdivision 1.  [INDETERMINATE SENTENCE; MINIMUM AND 
  2.35  MAXIMUM TERM SPECIFIED.] (a) The court shall commit a person 
  2.36  convicted of violating section 609.342 or 609.343 to the custody 
  3.1   of the commissioner of corrections, with the minimum and maximum 
  3.2   terms as provided in paragraph (b). 
  3.3      (b) The minimum sentence of incarceration for offenders 
  3.4   sentenced under paragraph (a) must be the presumptive sentence 
  3.5   under the sentencing guidelines for a person with the 
  3.6   defendant's criminal history.  If the presumptive sentence under 
  3.7   the guidelines is a stayed one, the court shall specify an 
  3.8   appropriate minimum sentence.  The maximum sentence must be 40 
  3.9   years.  
  3.10     (c) In addition to the requirements of paragraphs (a) and 
  3.11  (b), the court shall order that a conditional release term be 
  3.12  served under subdivision 5 upon the person's release from 
  3.13  incarceration.  The duration of the term shall be determined by 
  3.14  subdivision 5. 
  3.15     (d) Notwithstanding section 609.135, the court may not stay 
  3.16  the imposition or execution of the sentence required by this 
  3.17  subdivision.  An offender committed to the custody of the 
  3.18  commissioner of corrections under this section may not be 
  3.19  released from incarceration except as provided in this section 
  3.20  and section 244.05, subdivision 8. 
  3.21     Subd. 2.  [SPECIAL REVIEW BOARD.] A special review board is 
  3.22  established and is governed by section 15.0575, except as 
  3.23  otherwise provided in this subdivision.  The board consists of 
  3.24  the commissioners of corrections, public safety, and human 
  3.25  services, or their designees, and two members of the public 
  3.26  appointed to four-year terms by the governor.  The commissioner 
  3.27  of corrections or the commissioner's designee shall serve as the 
  3.28  board's chair.  The board shall meet at the call of the chair.  
  3.29  The board shall hear and consider all petitions for release from 
  3.30  incarceration under subdivision 3 and determine whether to 
  3.31  release the petitioner. 
  3.32     Subd. 3.  [PETITION FOR RELEASE; HEARING.] (a) A person who 
  3.33  has served the minimum period of incarceration to which the 
  3.34  person was sentenced may petition the commissioner of 
  3.35  corrections for release.  The special review board shall hold a 
  3.36  hearing on each petition for release prior to making any 
  4.1   determination.  Within 45 days of the filing of the petition, 
  4.2   the commissioner shall give written notice of the time and place 
  4.3   of the hearing before the special review board to all interested 
  4.4   parties, including the petitioner, the sentencing court, the 
  4.5   county attorney's office that prosecuted the case, and any 
  4.6   victims of the crime who have indicated a desire to be 
  4.7   notified.  The hearing must be held on the record.  Upon the 
  4.8   approval of the board, the petitioner may subpoena witnesses to 
  4.9   appear at the hearing. 
  4.10     (b) If the board votes to release the person from 
  4.11  incarceration, the commissioner shall release the person no 
  4.12  later than 14 days after the board's determination. 
  4.13     (c) If the board rejects the person's petition for release, 
  4.14  it must specify in writing the reasons for the rejection.  The 
  4.15  person may not petition for release again until 24 months have 
  4.16  elapsed since the rejection, unless the board specifies a 
  4.17  shorter time period. 
  4.18     Subd. 4.  [CRITERIA FOR RELEASE.] (a) A person sentenced 
  4.19  under this section shall not be released from incarceration 
  4.20  unless it appears to the satisfaction of at least three of the 
  4.21  five members of the special review board that the person: 
  4.22     (1) is no longer dangerous to the public; 
  4.23     (2) is no longer in need of programming or supervision; and 
  4.24     (3) is capable of making an acceptable adjustment to open 
  4.25  society. 
  4.26     (b) The person seeking release has the burden of showing, 
  4.27  by clear and convincing evidence, that the criteria in paragraph 
  4.28  (a) have been met. 
  4.29     Subd. 5.  [CONDITIONAL RELEASE.] (a) The court shall order 
  4.30  that a person sentenced under this section shall serve, upon 
  4.31  release from incarceration, a conditional release term.  The 
  4.32  term shall be the 40-year maximum term under this section less 
  4.33  the amount of time actually served.  However, in no event may 
  4.34  the term be less than ten years. 
  4.35     (b) Before a person's release from incarceration, the 
  4.36  commissioner of corrections shall set the conditions of release 
  5.1   under this subdivision. 
  5.2      (c) The county attorney in the county where the conviction 
  5.3   occurred, the person's conditional release agent or probation 
  5.4   officer, or any other interested party may notify the 
  5.5   commissioner of corrections regarding the person's failure to 
  5.6   meet any condition of release.  If the commissioner determines 
  5.7   that a person has violated a condition of release, the 
  5.8   commissioner may revoke the person's conditional release and 
  5.9   order that the person serve all or a part of the remaining 
  5.10  portion of the conditional release term in prison. 
  5.11     Sec. 4.  Minnesota Statutes 2000, section 609.109, 
  5.12  subdivision 2, is amended to read: 
  5.13     Subd. 2.  [PRESUMPTIVE EXECUTED SENTENCE.] Except as 
  5.14  provided in subdivision 3 or 4, If a person is convicted under 
  5.15  sections 609.342 to section 609.344 or 609.345, within 15 years 
  5.16  of a previous sex offense conviction, the court shall commit the 
  5.17  defendant to the commissioner of corrections for not less than 
  5.18  three years, nor more than the maximum sentence provided by law 
  5.19  for the offense for which convicted, notwithstanding the 
  5.20  provisions of sections 242.19, 243.05, 609.11, 609.12, and 
  5.21  609.135.  The court may stay the execution of the sentence 
  5.22  imposed under this subdivision only if it finds that a 
  5.23  professional assessment indicates the offender is accepted by 
  5.24  and can respond to treatment at a long-term inpatient program 
  5.25  exclusively treating sex offenders and approved by the 
  5.26  commissioner of corrections.  If the court stays the execution 
  5.27  of a sentence, it shall include the following as conditions of 
  5.28  probation:  
  5.29     (1) incarceration in a local jail or workhouse; and 
  5.30     (2) a requirement that the offender successfully complete 
  5.31  the treatment program and aftercare as directed by the court. 
  5.32     Sec. 5.  Minnesota Statutes 2000, section 609.109, 
  5.33  subdivision 6, is amended to read: 
  5.34     Subd. 6.  [MINIMUM DEPARTURE FOR SEX OFFENDERS.] The court 
  5.35  shall sentence a person to at least twice the presumptive 
  5.36  sentence recommended by the sentencing guidelines if: 
  6.1      (1) the person is convicted under section 609.342, 
  6.2   subdivision 1, clause (c), (d), (e), or (f); 609.343, 
  6.3   subdivision 1, clause (c), (d), (e), or (f); or 609.344, 
  6.4   subdivision 1, clause (c) or (d); and 
  6.5      (2) the court determines on the record at the time of 
  6.6   sentencing that the crime involved an aggravating factor that 
  6.7   would provide grounds for an upward departure under the 
  6.8   sentencing guidelines. 
  6.9      Sec. 6.  Minnesota Statutes 2000, section 609.109, 
  6.10  subdivision 7, is amended to read: 
  6.11     Subd. 7.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
  6.12  Notwithstanding the statutory maximum sentence otherwise 
  6.13  applicable to the offense or any provision of the sentencing 
  6.14  guidelines, when a court sentences a person to prison for a 
  6.15  violation of section 609.342, 609.343, 609.344, or 609.345, the 
  6.16  court shall provide that after the person has completed the 
  6.17  sentence imposed, the commissioner of corrections shall place 
  6.18  the person on conditional release.  If the person was convicted 
  6.19  for a violation of section 609.342, 609.343, 609.344, or 
  6.20  609.345, the person shall be placed on conditional release for 
  6.21  five years, minus the time the person served on supervised 
  6.22  release.  If the person was convicted for a violation of one of 
  6.23  those sections a second or subsequent time, or sentenced under 
  6.24  subdivision 6 to a mandatory departure, the person shall be 
  6.25  placed on conditional release for ten years, minus the time the 
  6.26  person served on supervised release. 
  6.27     (b) The conditions of release may include successful 
  6.28  completion of treatment and aftercare in a program approved by 
  6.29  the commissioner, satisfaction of the release conditions 
  6.30  specified in section 244.05, subdivision 6, and any other 
  6.31  conditions the commissioner considers appropriate.  If the 
  6.32  offender fails to meet any condition of release, the 
  6.33  commissioner may revoke the offender's conditional release and 
  6.34  order that the offender serve the remaining portion of the 
  6.35  conditional release term in prison.  The commissioner shall not 
  6.36  dismiss the offender from supervision before the conditional 
  7.1   release term expires. 
  7.2      Conditional release under this subdivision is governed by 
  7.3   provisions relating to supervised release, except as otherwise 
  7.4   provided in this subdivision, section 244.04, subdivision 1, or 
  7.5   244.05. 
  7.6      (c) The commissioner shall pay the cost of treatment of a 
  7.7   person released under this subdivision.  This section does not 
  7.8   require the commissioner to accept or retain an offender in a 
  7.9   treatment program. 
  7.10     Sec. 7.  Minnesota Statutes 2000, section 609.342, 
  7.11  subdivision 2, is amended to read: 
  7.12     Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
  7.13  section 609.109, The court shall sentence a person convicted 
  7.14  under subdivision 1 may be sentenced to imprisonment for not 
  7.15  more than 30 years or to a payment of a fine of not more than 
  7.16  $40,000, or both as provided in section 609.1085. 
  7.17     (b) Unless a longer mandatory minimum sentence is otherwise 
  7.18  required by law or the sentencing guidelines provide for a 
  7.19  longer presumptive executed sentence, the court shall presume 
  7.20  that an executed sentence of 144 months must be imposed on an 
  7.21  offender convicted of violating this section.  Sentencing a 
  7.22  person in a manner other than that described in this paragraph 
  7.23  is a departure from the sentencing guidelines. 
  7.24     Sec. 8.  Minnesota Statutes 2000, section 609.343, 
  7.25  subdivision 2, is amended to read: 
  7.26     Subd. 2.  [PENALTY.] Except as otherwise provided in 
  7.27  section 609.109, The court shall sentence a person convicted 
  7.28  under subdivision 1 may be sentenced to imprisonment for not 
  7.29  more than 25 years or to a payment of a fine of not more than 
  7.30  $35,000, or both as provided in section 609.1085. 
  7.31     Sec. 9.  Minnesota Statutes 2000, section 609.3452, 
  7.32  subdivision 1, is amended to read: 
  7.33     Subdivision 1.  [ASSESSMENT REQUIRED.] When a person is 
  7.34  convicted of a violation of section 609.342; 609.343; 609.344; 
  7.35  609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23, or 
  7.36  another offense arising out of a charge based on one or more of 
  8.1   those sections, the court shall order an independent 
  8.2   professional assessment of the offender's need for sex offender 
  8.3   treatment.  The court may waive the assessment if:  (1) the 
  8.4   sentencing guidelines provide a presumptive prison sentence for 
  8.5   the offender, or (2) an adequate assessment was conducted prior 
  8.6   to the conviction.  An assessor providing an assessment for the 
  8.7   court must be experienced in the evaluation and treatment of sex 
  8.8   offenders. 
  8.9      Sec. 10.  [REPEALER.] 
  8.10     Minnesota Statutes 2000, sections 609.109, subdivisions 3 
  8.11  and 4; 609.342, subdivision 3; and 609.343, subdivision 3, are 
  8.12  repealed. 
  8.13     Sec. 11.  [EFFECTIVE DATE.] 
  8.14     Sections 1 to 10 are effective August 1, 2001, and apply to 
  8.15  crimes committed on or after that date.