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HF 1731

as introduced - 87th Legislature (2011 - 2012) Posted on 05/18/2011 09:35am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to crime prevention; providing for indeterminate sentencing for certain
sex offenders; creating a sex offender indeterminate sentence review board;
amending Minnesota Statutes 2010, sections 609.342, subdivision 2; 609.343,
subdivision 2; 609.344, subdivision 2; 609.345, subdivision 2; 609.3451,
subdivision 3; 609.3455; proposing coding for new law in Minnesota Statutes,
chapter 609.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 609.342, subdivision 2, is amended to read:


Subd. 2.

Penalty.

(a) Except as otherwise provided in section 609.3455; or
Minnesota Statutes 2004, section 609.109, a person convicted under subdivision 1 may
be sentenced to imprisonment for not more than deleted text begin30deleted text endnew text begin 60new text end years or to a payment of a fine of
not more than $40,000, or both.

(b) Unless a longer mandatory minimum sentence is otherwise required by law or
the Sentencing Guidelines provide for a longer presumptive executed sentence, the court
shall presume that an executed sentence of 144 months must be imposed on an offender
convicted of violating this section. Sentencing a person in a manner other than that
described in this paragraph is a departure from the Sentencing Guidelines.

(c) A person convicted under this section is also subject to conditional release under
section 609.3455.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2010, section 609.343, subdivision 2, is amended to read:


Subd. 2.

Penalty.

(a) Except as otherwise provided in section 609.3455; or
Minnesota Statutes 2004, section 609.109, a person convicted under subdivision 1 may
be sentenced to imprisonment for not more than deleted text begin25deleted text endnew text begin 50new text end years or to a payment of a fine of
not more than $35,000, or both.

(b) Unless a longer mandatory minimum sentence is otherwise required by law or the
Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall
presume that an executed sentence of 90 months must be imposed on an offender convicted
of violating subdivision 1, clause (c), (d), (e), (f), or (h). Sentencing a person in a manner
other than that described in this paragraph is a departure from the Sentencing Guidelines.

(c) A person convicted under this section is also subject to conditional release under
section 609.3455.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2010, section 609.344, subdivision 2, is amended to read:


Subd. 2.

Penalty.

Except as otherwise provided in section 609.3455, a person
convicted under subdivision 1 may be sentenced to imprisonment for not more than deleted text begin15deleted text endnew text begin 40new text end
years or to a payment of a fine of not more than $30,000, or both. A person convicted
under this section is also subject to conditional release under section 609.3455.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2010, section 609.345, subdivision 2, is amended to read:


Subd. 2.

Penalty.

Except as otherwise provided in section 609.3455, a person
convicted under subdivision 1 may be sentenced to imprisonment for not more than deleted text begintendeleted text endnew text begin 30new text end
years or to a payment of a fine of not more than $20,000, or both. A person convicted
under this section is also subject to conditional release under section 609.3455.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2010, section 609.3451, subdivision 3, is amended to read:


Subd. 3.

Felony.

new text beginExcept as otherwise provided in section 609.3455, new text enda person is
guilty of a felony and may be sentenced to imprisonment for not more than deleted text beginfivedeleted text endnew text begin 20new text end years or
to payment of a fine of not more than $10,000, or both, if the person deleted text beginviolates subdivision
1, clause (2), after having been previously convicted of or adjudicated delinquent for
violating subdivision 1, clause (2);
deleted text endnew text begin has a previous sex offense conviction as defined in
section 609.3455, subdivision 1, or a previous conviction or delinquency adjudication
for violating
new text end section 617.23, subdivision 2, clause (1); deleted text beginor a statute from another state in
conformity with subdivision 1, clause (2), or section 617.23, subdivision 2, clause (1)
deleted text endnew text begin or
any similar statute of the United States, this state, or any other state
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2010, section 609.3455, is amended to read:


609.3455 DANGEROUS SEX OFFENDERS; LIFE SENTENCES;new text begin
INDETERMINATE SENTENCES;
new text end CONDITIONAL RELEASE.

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have
the meanings given.

(b) "Conviction" includes a conviction as an extended jurisdiction juvenile under
section 260B.130 for a violation of, or an attempt to violate, section 609.342, 609.343,
609.344, or 609.3453, if the adult sentence has been executed.

(c) "Extreme inhumane conditions" mean situations where, either before or after
the sexual penetration or sexual contact, the offender knowingly causes or permits the
complainant to be placed in a situation likely to cause the complainant severe ongoing
mental, emotional, or psychological harm, or causes the complainant's death.

(d) A "heinous element" includes:

(1) the offender tortured the complainant;

(2) the offender intentionally inflicted great bodily harm upon the complainant;

(3) the offender intentionally mutilated the complainant;

(4) the offender exposed the complainant to extreme inhumane conditions;

(5) the offender was armed with a dangerous weapon or any article used or fashioned
in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
used or threatened to use the weapon or article to cause the complainant to submit;

(6) the offense involved sexual penetration or sexual contact with more than one
victim;

(7) the offense involved more than one perpetrator engaging in sexual penetration or
sexual contact with the complainant; or

(8) the offender, without the complainant's consent, removed the complainant from
one place to another and did not release the complainant in a safe place.

(e) "Mutilation" means the intentional infliction of physical abuse designed to cause
serious permanent disfigurement or permanent or protracted loss or impairment of the
functions of any bodily member or organ, where the offender relishes the infliction of the
abuse, evidencing debasement or perversion.

(f) A conviction is considered a "previous sex offense conviction" if the offender was
convicted and sentenced for a sex offense before the commission of the present offense.

(g) A conviction is considered a "prior sex offense conviction" if the offender was
convicted of committing a sex offense before the offender has been convicted of the
present offense, regardless of whether the offender was convicted for the first offense
before the commission of the present offense, and the convictions involved separate
behavioral incidents.

(h) "Sex offense" means any violation of, or attempt to violate, section 609.342,
609.343, 609.344, 609.345, 609.3451, 609.3453, or any similar statute of the United
States, this state, or any other state.

(i) "Torture" means the intentional infliction of extreme mental anguish, or extreme
psychological or physical abuse, when committed in an especially depraved manner.

(j) An offender has "two previous sex offense convictions" only if the offender
was convicted and sentenced for a sex offense committed after the offender was earlier
convicted and sentenced for a sex offense and both convictions preceded the commission
of the present offense of conviction.

new text begin (k) A conviction is considered a "previous conviction for a predatory crime" if
the offender was convicted and sentenced for a violation of, or an attempt to violate, an
offense listed in section 609.341, subdivision 22 (predatory crimes) or section 609.255
if sentenced as a felony (false imprisonment), 609.582, subdivision 2 (second-degree
burglary), 609.713 (terroristic threats), 617.23, subdivision 3 (felony indecent exposure),
617.241, subdivision 4 (felony obscene materials), 617.246 (felony use of minor in a
sexual performance), or 617.247 (felony possession of pornographic work involving
minors) before the commission of the present offense.
new text end

Subd. 2.

Mandatory life sentence without release; egregious first-time and
repeat offenders.

(a) Notwithstanding the statutory maximum penalty otherwise
applicable to the offense, the court shall sentence a person convicted under section
609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h); or 609.343, subdivision 1,
paragraph (c), (d), (e), (f), or (h), to life without the possibility of release if:

(1) the fact finder determines that two or more heinous elements exist; or

(2) the person has a previous sex offense conviction for a violation of section
609.342, 609.343, or 609.344, and the fact finder determines that a heinous element exists
for the present offense.

(b) A fact finder may not consider a heinous element if it is an element of the
underlying specified violation of section 609.342 or 609.343. In addition, when
determining whether two or more heinous elements exist, the fact finder may not use the
same underlying facts to support a determination that more than one element exists.

Subd. 3.

Mandatory life sentence for egregious first-time offenders.

(a)
Notwithstanding the statutory maximum penalty otherwise applicable to the offense, the
court shall sentence a person to imprisonment for life if the person is convicted under
section 609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h), or 609.343, subdivision
1
, paragraph (c), (d), (e), (f), or (h); and the fact finder determines that a heinous element
exists.

(b) The fact finder may not consider a heinous element if it is an element of the
underlying specified violation of section 609.342 or 609.343.

Subd. 3a.

Mandatory new text beginindeterminate new text endsentence for deleted text begincertain engraineddeleted text endnew text begin serious and
repeat first degree
new text end offenders.

deleted text begin (a) A court shall commit a person to the commissioner of
corrections for a period of time that is not less than double the presumptive sentence under
the sentencing guidelines and not more than the statutory maximum, or if the statutory
maximum is less than double the presumptive sentence, for a period of time that is equal
to the statutory maximum, if:
deleted text end

deleted text begin (1) the court is imposing an executed sentence on a person convicted of committing
or attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, or
609.3453;
deleted text end

deleted text begin (2) the fact finder determines that the offender is a danger to public safety; and
deleted text end

deleted text begin (3) the fact finder determines that the offender's criminal sexual behavior is so
engrained that the risk of reoffending is great without intensive psychotherapeutic
intervention or other long-term treatment or supervision extending beyond the presumptive
term of imprisonment and supervised release.
deleted text end

deleted text begin (b) The fact finder shall base its determination that the offender is a danger to public
safety on any of the following factors:
deleted text end

deleted text begin (1) the crime involved an aggravating factor that would justify a durational departure
from the presumptive sentence under the sentencing guidelines;
deleted text end

deleted text begin (2) the offender previously committed or attempted to commit a predatory crime
or a violation of section 609.224 or 609.2242, including:
deleted text end

deleted text begin (i) an offense committed as a juvenile that would have been a predatory crime or a
violation of section 609.224 or 609.2242 if committed by an adult; or
deleted text end

deleted text begin (ii) a violation or attempted violation of a similar law of any other state or the United
States; or
deleted text end

deleted text begin (3) the offender planned or prepared for the crime prior to its commission.
deleted text end

deleted text begin (c) As used in this section, "predatory crime" has the meaning given in section
609.341, subdivision 22.
deleted text end

new text begin Notwithstanding the statutory maximum penalty otherwise applicable to the offense,
the court shall sentence a person to imprisonment for 60 years, together with a minimum
term of incarceration that must be served before the person is eligible for supervised
release pursuant to section 609.3458 that is not less than 288 months if:
new text end

new text begin (1) the person is convicted under section 609.342, subdivision 1, paragraph (c),
(d), (e), (f), or (h); or
new text end

new text begin (2) the person is convicted under section 609.342, subdivision 1, paragraph (a),
(b), or (g), and the person has:
new text end

new text begin (i) a previous sex offense conviction;
new text end

new text begin (ii) a prior sex offense conviction; or
new text end

new text begin (iii) a previous conviction for a predatory crime.
new text end

new text begin Subd. 3b. new text end

new text begin Mandatory indeterminate sentence for serious and repeat second
degree offenders.
new text end

new text begin Notwithstanding the statutory maximum penalty otherwise applicable
to the offense, the court shall sentence a person to imprisonment for 50 years, together
with a minimum term of incarceration that must be served before the person is eligible for
supervised release pursuant to section 609.3458 that is not less than 180 months if:
new text end

new text begin (1) the person is convicted under section 609.343, subdivision 1, paragraph (c),
(d), (e), (f), or (h); or
new text end

new text begin (2) the person is convicted under section 609.343, subdivision 1, paragraph (a),
(b), or (g), and the person has:
new text end

new text begin (i) a previous sex offense conviction;
new text end

new text begin (ii) a prior sex offense conviction; or
new text end

new text begin (iii) a previous conviction for a predatory crime.
new text end

new text begin Subd. 3c. new text end

new text begin Mandatory indeterminate sentence for serious and repeat third
degree offenders.
new text end

new text begin Notwithstanding the statutory maximum penalty otherwise applicable
to the offense, the court shall sentence a person to imprisonment for 40 years, together
with a minimum term of incarceration that must be served before the person is eligible for
supervised release pursuant to section 609.3458 that is not less than 96 months if:
new text end

new text begin (1) the person is convicted under section 609.344, subdivision 1, paragraph (c),
(d), (g), (j), or (k); or
new text end

new text begin (2) the person is convicted under section 609.344, subdivision 1, paragraph (a), (b),
(e), (f), (h), (i), (l), (m), (n), or (o) and the person has:
new text end

new text begin (i) a previous sex offense conviction;
new text end

new text begin (ii) a prior sex offense conviction; or
new text end

new text begin (iii) a previous conviction for a predatory crime.
new text end

new text begin Subd. 3d. new text end

new text begin Mandatory indeterminate sentence for serious and repeat fourth
degree offenders.
new text end

new text begin Notwithstanding the statutory maximum penalty otherwise applicable
to the offense, the court shall sentence a person to imprisonment for 30 years, together
with a minimum term of incarceration that must be served before the person is eligible for
supervised release pursuant to section 609.3458 that is not less than 48 months if:
new text end

new text begin (1) the person is convicted under section 609.345, subdivision 1, paragraph (c),
(d), (g), (j), or (k); or
new text end

new text begin (2) the person is convicted under section 609.345, subdivision 1, paragraph (a), (b),
(e), (f), (h), (i), (l), (m), (n), or (o), and the person has:
new text end

new text begin (i) a previous sex offense conviction;
new text end

new text begin (ii) a prior sex offense conviction; or
new text end

new text begin (iii) a previous conviction for a predatory crime.
new text end

new text begin Subd. 3e. new text end

new text begin Mandatory indeterminate sentence for repeat felony fifth degree
offenders.
new text end

new text begin Notwithstanding the statutory maximum penalty otherwise applicable to the
offense, the court shall sentence a person to imprisonment for 20 years, together with
a minimum term of incarceration that must be served before the person is eligible for
supervised release pursuant to section 609.3458 that is not less than 30 months if the
person is convicted under section 609.3451, subdivision 3, and the person has any two of
the following:
new text end

new text begin (1) a previous sex offense conviction;
new text end

new text begin (2) a prior sex offense conviction; or
new text end

new text begin (3) a previous conviction for a predatory crime.
new text end

Subd. 4.

Mandatory life sentence; repeat offenders.

(a) Notwithstanding the
statutory maximum penalty otherwise applicable to the offense, the court shall sentence a
person to imprisonment for life if the person is convicted of violating section 609.342,
609.343, 609.344, 609.345, or 609.3453 and:

(1) the person has two previous sex offense convictions;

(2) the person has a previous sex offense conviction and:

(i) the fact finder determines that the present offense involved an aggravating factor
that would provide grounds for an upward durational departure under the sentencing
guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
convictions;

(ii) the person received an upward durational departure from the sentencing
guidelines for the previous sex offense conviction; or

(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for the previous sex offense conviction; or

(3) the person has two prior sex offense convictions, and the fact finder determines
that the prior convictions and present offense involved at least three separate victims, and:

(i) the fact finder determines that the present offense involved an aggravating factor
that would provide grounds for an upward durational departure under the sentencing
guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
convictions;

(ii) the person received an upward durational departure from the sentencing
guidelines for one of the prior sex offense convictions; or

(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for one of the prior sex offense convictions.

(b) Notwithstanding paragraph (a), a court may not sentence a person to
imprisonment for life for a violation of section 609.345, unless the person's previous or
prior sex offense convictions that are being used as the basis for the sentence are for
violations of section 609.342, 609.343, 609.344, or 609.3453, or any similar statute of the
United States, this state, or any other state.

Subd. 5.

Life sentences; minimum term of imprisonment.

At the time
of sentencing under subdivision 3 or 4, the court shall specify a minimum term of
imprisonment, based on the sentencing guidelines or any applicable mandatory minimum
sentence, that must be served before the offender may be considered for supervised release.

Subd. 6.

Mandatory ten-year conditional release term.

Notwithstanding the
statutory maximum sentence otherwise applicable to the offense and unless a longer
conditional release term is required in subdivision 7, when a court commits an offender
to the custody of the commissioner of corrections for a violation of section 609.342,
609.343, 609.344, 609.345, or 609.3453, the court shall provide that, after the offender has
completed the sentence imposed, the commissioner shall place the offender on conditional
release for ten years, minus the time the offender served on supervised release.

Subd. 7.

Mandatory lifetime conditional release term.

(a) When a court sentences
an offender under subdivision 3 or 4, the court shall provide that, if the offender is released
from prison, the commissioner of corrections shall place the offender on conditional
release for the remainder of the offender's life.

(b) Notwithstanding the statutory maximum sentence otherwise applicable to the
offense, when the court commits an offender to the custody of the commissioner of
corrections for a violation of section 609.342, 609.343, 609.344, 609.345, or 609.3453,
and the offender has a previous or prior sex offense conviction, the court shall provide
that, after the offender has completed the sentence imposed, the commissioner shall place
the offender on conditional release for the remainder of the offender's life.

(c) Notwithstanding paragraph (b), an offender may not be placed on lifetime
conditional release for a violation of section 609.345, unless the offender's previous or
prior sex offense conviction is for a violation of section 609.342, 609.343, 609.344, or
609.3453, or any similar statute of the United States, this state, or any other state.

Subd. 8.

Terms of conditional release; applicable to all sex offenders.

(a) The
provisions of this subdivision relating to conditional release apply to all sex offenders
sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, or
609.3453. Except as provided in this subdivision, conditional release of sex offenders is
governed by provisions relating to supervised release. The commissioner of corrections
may not dismiss an offender on conditional release from supervision until the offender's
conditional release term expires.

(b) The conditions of release may include successful completion of treatment and
aftercare in a program approved by the commissioner, satisfaction of the release conditions
specified in section 244.05, subdivision 6, and any other conditions the commissioner
considers appropriate. The commissioner shall develop a plan to pay the cost of treatment
of a person released under this subdivision. The plan may include co-payments from
offenders, third-party payers, local agencies, or other funding sources as they are identified.
This section does not require the commissioner to accept or retain an offender in a
treatment program. Before the offender is placed on conditional release, the commissioner
shall notify the sentencing court and the prosecutor in the jurisdiction where the offender
was sentenced of the terms of the offender's conditional release. The commissioner also
shall make reasonable efforts to notify the victim of the offender's crime of the terms of
the offender's conditional release. If the offender fails to meet any condition of release, the
commissioner may revoke the offender's conditional release and order that the offender
serve all or a part of the remaining portion of the conditional release term in prison.

Subd. 9.

Applicability.

The provisions of this section do not affect the applicability
of Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005,
or the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

new text begin [609.3458] SEX OFFENDER INDETERMINATE SENTENCE REVIEW
BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Board" means the Sex Offender Indeterminate Sentence Review Board created
under this section.
new text end

new text begin (c) "Commissioner" means the commissioner of corrections.
new text end

new text begin (d) "Department" means the Department of Corrections.
new text end

new text begin (e) "Sex offender indeterminate sentence" means a sentence imposed pursuant to
section 609.3455, subdivision 3a, 3b, 3c, 3d or 3e.
new text end

new text begin Subd. 2. new text end

new text begin Creation; membership; terms; support. new text end

new text begin (a) The board shall consist of a
chair and four other members. The chair and two other members shall be appointed by
the governor. The two remaining members shall be appointed by the chief justice of the
Minnesota Supreme Court. Each member must have knowledge of and be conversant in
criminal sentencing and sex offender treatment issues in the state. Notwithstanding the
provisions of section 15.06, subdivision 6, members of the board may not delegate their
powers and responsibilities as board members to any other person.
new text end

new text begin (b) The membership terms, compensation, removal, and filling of vacancies shall be
as provided in section 15.0575.
new text end

new text begin (c) Staff and consultant support for board activities shall be provided by the
department. This support shall be provided based upon an annual budget and work
program developed by the board and certified to the commissioner by the chair of the
board. The board shall have the authority to request and require staff support from all
other agencies of state government as needed for the execution of the responsibilities of
the board.
new text end

new text begin (d) The department shall provide administrative services necessary to the
board's activities. The services shall include personnel, budget, payroll, and contract
administration. The services shall also include suitable quarters at the state correctional
facilities for board meetings to consider petitions for release under this section.
new text end

new text begin Subd. 3. new text end

new text begin Board powers. new text end

new text begin (a) For all offenders serving a sex offender indeterminate
sentence, the board shall be responsible for making decisions regarding release after
service of the mandatory minimum sentence as provided in subdivision 4.
new text end

new text begin (b) For all offenders serving a sex offender indeterminate sentence, the board shall
assume the powers and duties of the commissioner regarding supervised release and
conditional release pursuant to sections 244.05, 244.056, 244.057, 244.065, 609.3455,
subdivision 8, and 609.3456.
new text end

new text begin (c) The board shall have the power to issue subpoenas subject to the limitations
in subdivision 5, paragraph (e).
new text end

new text begin Subd. 4. new text end

new text begin Petition for release; eligibility. new text end

new text begin (a) An offender serving a sex offender
indeterminate sentence may file a petition for release with the board 180 days prior to the
expiration of the minimum period of incarceration to which the person was sentenced.
If the offender has previously been denied release by the board, the offender may not
file another petition for release until the date determined by the board in subdivision 5,
paragraph (k).
new text end

new text begin (b) The petition shall be signed by the offender and shall include:
new text end

new text begin (1) identifying information including the offender's name, date of birth, offender
identification number, and current incarceration facility;
new text end

new text begin (2) a detailed statement by the offender as to why the offender no longer poses a
threat to the public; and
new text end

new text begin (3) a list of witnesses the offender wishes the board to subpoena together with their
addresses, telephone numbers, occupations, and a brief statement as to the substance of
the proposed testimony.
new text end

new text begin The petition must also include, or be supplemented by, any completed releases of
information necessary for the board to obtain all records pertinent to the release decision.
An offender's failure to execute a release of information upon request by the board is
sufficient grounds to deny the petition.
new text end

new text begin (c) Upon the filing of a petition, the offender's case worker at the correctional facility
shall produce a copy of the offender's entire case history and deliver it to the board
within 30 days for consideration at the hearing. The case history includes the facts and
circumstances of the offense for which the sex offender indeterminate sentence is being
served, the offender's past criminal history, any sex offender assessment ordered pursuant
to section 609.3457, records regarding the offender's institutional adjustment, program
team reports, other psychological and psychiatric reports where pertinent, all treatment
records and reports, the results of community investigations, and the names and addresses
of any victims of the crime who have requested to be notified by the department of any
release decisions.
new text end

new text begin (d) An offender serving a sex offender indeterminate sentence shall not be released
from incarceration unless the offender has demonstrated to the board by clear and
convincing evidence that the person:
new text end

new text begin (1) no longer poses a threat to the public;
new text end

new text begin (2) has successfully completed sex offender programming in a secure facility;
new text end

new text begin (3) is no longer in need of treatment in a secure facility; and
new text end

new text begin (4) is capable of reintegration with the general public.
new text end

new text begin Subd. 5. new text end

new text begin Hearing. new text end

new text begin (a) Upon receipt of a properly completed petition, the board shall
schedule a hearing on the petition. The date for the hearing shall not be later than 60 days
prior to the expiration of the offender's minimum sentence.
new text end

new text begin (b) The hearing shall be held at the correctional facility where the offender is
incarcerated or, with the consent of the commissioner, another location with similar
security.
new text end

new text begin (c) Upon setting the hearing, the board shall give notice of the date, time, and
location of the hearing to all interested parties including the offender, the sentencing court,
the prosecuting attorney's office that prosecuted the case, and any victims of the crime
who have requested notification.
new text end

new text begin (d) A verbatim record of the hearing shall be made in a form approved by the board.
new text end

new text begin (e) The board, in its discretion, may issue subpoenas to witnesses on behalf of
the offender. The board shall not issue a subpoena to the victim or any member of the
victim's immediate family. The subpoenas shall be issued by the board within a reasonable
time prior to the hearing.
new text end

new text begin (f) An attorney representing the offender or an advocate of the offender's choice
shall be allowed at the hearing. The offender is not entitled to representation or counsel
at public expense.
new text end

new text begin (g) At the hearing, the board shall hear from the offender first and receive testimony,
evidence, records, or statements on the offender's behalf. The board shall then receive
written or oral statements from other interested parties, including the commissioner or a
designee, treatment providers, the victim of the offense of conviction, the sentencing court,
the prosecuting attorney's office that prosecuted the case, and, in the board's discretion,
any other persons with information pertinent to the board's release decision.
new text end

new text begin (h) After the conclusion of the hearing, the board shall deliberate and make a release
determination. The deliberations are not public and shall not be recorded.
new text end

new text begin (i) Within 60 days after the hearing, the board shall issue findings of fact, conclusions
as to whether the offender has met the offender's burden of establishing the criteria for
release under subdivision 4, paragraph (d), and a release decision either granting or
denying release. The written findings of fact, conclusions, and release decision shall be
served on the offender and all interested parties notified in paragraph (c).
new text end

new text begin (j) If the board grants the offender release, the board shall establish the conditions of
supervised release and conditional release pursuant to sections 244.05, 244.056, 244.057,
244.065, 609.3455, subdivision 8, and 609.3456.
new text end

new text begin (k) If the board denies release, the board in its written order shall set a date, not later
than three years from the date of the board's written release decision, when the offender
may file a new petition for release. After the written order is issued, the board may
authorize an earlier petition for release upon the request of the commissioner and based
upon a significant change in circumstances.
new text end

new text begin Subd. 6. new text end

new text begin Supervised release and conditional release violations. new text end

new text begin (a) When an
offender who received a sex offender indeterminate sentence is serving a period of
supervised release or conditional release and the board determines by a preponderance of
the evidence that the offender has violated the terms or conditions of release, the board
shall then determine the sanctions for the violation. In determining the sanction for the
violation, the board must apply the criteria for release in subdivision 4, paragraph (d).
new text end

new text begin (b) If the board determines that reimprisonment is the appropriate sanction for
a violation of supervised release or conditional release, the board shall then set a date,
not later than three years from the date of the reimprisonment determination, when the
offender may file a petition for release pursuant to subdivision 4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end