1.1 A bill for an act
1.2 relating to public safety; appropriating money for the
1.3 courts, public safety, corrections, the Sentencing
1.4 Guidelines Commission, public defenders, and other
1.5 agencies and programs; providing a life penalty
1.6 without the possibility of release for certain first
1.7 degree criminal sexual conduct crimes; creating
1.8 indeterminate sentences and mandatory life sentences
1.9 for certain first through fourth degree criminal
1.10 sexual conduct crimes; creating a new criminal sexual
1.11 predatory conduct crime; establishing the Minnesota
1.12 Sex Offender Review Board; providing procedures for
1.13 operation of the review board; specifying when an
1.14 offender may petition for conditional release;
1.15 directing the Sentencing Guidelines Commission to
1.16 designate presumptive sentences for certain offenses;
1.17 requiring the commissioner of corrections to establish
1.18 criteria and procedures for reviewing offenders'
1.19 petitions for release; allowing the Minnesota Sex
1.20 Offender Review Board and the commissioner of
1.21 corrections to proceed with expedited rulemaking;
1.22 exempting the review board from contested case
1.23 proceedings; granting the review board access to
1.24 certain data; specifying that the Open Meeting Law
1.25 does not apply to meetings and hearings of the
1.26 Minnesota Sex Offender Review Board; providing a
1.27 registration procedure when a person lacks a primary
1.28 address; expanding the scope of the predatory offender
1.29 registration law; requiring the commissioner of
1.30 corrections to convene an end-of-confinement review
1.31 committee to assess the risk level of certain
1.32 offenders coming into Minnesota from another state and
1.33 released from federal facilities; allowing community
1.34 notification pursuant to a risk level assigned in
1.35 another state; requiring the Bureau of Criminal
1.36 Apprehension to forward registration and notification
1.37 information on certain offenders to the Department of
1.38 Corrections; regulating the sale of methamphetamine
1.39 precursor drugs; authorizing reporting of suspicious
1.40 transactions involving these drugs and providing civil
1.41 immunity for so doing; requiring a methamphetamine
1.42 educational program for retailers and consumers;
1.43 further regulating while recodifying activities
1.44 involving anhydrous ammonia; requiring courts to order
1.45 restitution in certain situations involving controlled
1.46 substances; imposing property restrictions in certain
2.1 situations involving controlled substances; increasing
2.2 the criminal penalties for possessing certain
2.3 substances with the intent to manufacture
2.4 methamphetamine; establishing new
2.5 methamphetamine-related crimes; expanding the
2.6 definition of "violent crime" for mandatory sentencing
2.7 purposes; requiring that vehicles and other property
2.8 used to manufacture methamphetamine indicate this in
2.9 the title or deed; establishing a methamphetamine
2.10 laboratory cleanup revolving fund and authorizing
2.11 loans to assist counties and cities in conducting
2.12 methamphetamine cleanup; expanding the crime of
2.13 causing death while committing child abuse; treating
2.14 probation officers the same as correctional employees
2.15 for purposes of certain assaults; specifically
2.16 including conduct involving sex trafficking in the
2.17 promoting prostitution crime; modifying the
2.18 distribution formula for prostitution and sex
2.19 trafficking-related forfeiture proceeds; prohibiting
2.20 nonvehicular evasive flight from a peace officer;
2.21 establishing a crime for interfering with ambulance
2.22 service personnel who are providing emergency care;
2.23 increasing the criminal penalties for interfering with
2.24 privacy; increasing the age of protected minor victims
2.25 for enhanced penalties for this crime; providing for
2.26 representation by the public defender; providing
2.27 public defender access to government data; requiring
2.28 the public defense co-payment to be deposited in the
2.29 general fund; increasing the appropriation for fiscal
2.30 year 2005; permitting Ramsey County to collect and
2.31 receive a $1 criminal surcharge in order to fund
2.32 Ramsey County's petty misdemeanor diversion program;
2.33 providing that when a person is arrested for driving
2.34 while impaired, the arresting officer must invalidate
2.35 and return the person's driver's license card for use
2.36 as an identification card during the period of license
2.37 suspension, revocation, or cancellation; clarifying
2.38 DWI plate impoundment law; establishing an expedited
2.39 process for the nonconsensual collection of a blood
2.40 sample from an inmate when a corrections employee is
2.41 significantly exposed to the potential transfer of a
2.42 bloodborne pathogen; providing for the safety of
2.43 emergency workers on highways; defining "appropriate
2.44 reduced speed" when approaching or passing stopped
2.45 emergency vehicle in certain circumstances;
2.46 authorizing citation within four hours of offense;
2.47 proscribing a penalty on owner or lessee of vehicle
2.48 when driver fails to drive at appropriate reduced
2.49 speed at the scene of an emergency; requiring certain
2.50 information to be included in driver education
2.51 curriculum and driver's manual; providing procedures
2.52 for retention of DNA evidence; authorizing retired
2.53 court commissioners to be appointed to perform
2.54 judicial duties in the district court; providing
2.55 increased reimbursement for bullet-resistant vests;
2.56 prohibiting falsely reporting police misconduct;
2.57 imposing criminal penalties; providing for the rights
2.58 of victims of sexual assault; instructing the revisor
2.59 to recodify and renumber statutes; making various
2.60 technical and conforming changes; amending Minnesota
2.61 Statutes 2002, sections 2.722, subdivision 1; 2.724,
2.62 subdivision 3; 13.851, by adding a subdivision;
2.63 13D.01, subdivision 2; 152.135, subdivision 2;
2.64 168A.05, subdivision 3; 169.14, subdivision 3, by
2.65 adding subdivisions; 169A.52, subdivision 7; 169A.60,
2.66 subdivision 11; 169A.63, subdivision 8; 171.12,
2.67 subdivision 3; 171.13, by adding a subdivision;
2.68 241.336, by adding a subdivision; 241.67, subdivision
2.69 3; 243.166, as amended; 243.167; 243.24, subdivision
2.70 2; 243.55, subdivision 1; 244.05, subdivisions 1, 3,
2.71 4, 5, 6, 7; 244.052, subdivisions 3, 4, by adding a
3.1 subdivision; 244.195, subdivision 1; 253B.02, by
3.2 adding a subdivision; 253B.07, subdivisions 1, 4;
3.3 253B.08, subdivisions 2, 5a; 253B.16, subdivision 2;
3.4 253B.18, subdivisions 4a, 4b, 4c, 5; 253B.185,
3.5 subdivision 2, by adding a subdivision; 253B.19,
3.6 subdivision 2; 253B.20, subdivision 3; 260C.163,
3.7 subdivision 3; 299A.38, subdivisions 2, 2a; 357.021,
3.8 by adding a subdivision; 401.01, subdivision 2;
3.9 489.01, by adding a subdivision; 604.15, by adding a
3.10 subdivision; 609.1095, subdivision 1; 609.117,
3.11 subdivisions 1, 2; 609.1351; 609.185; 609.2231,
3.12 subdivision 1; 609.321, subdivision 7, by adding a
3.13 subdivision; 609.341, by adding subdivisions; 609.342;
3.14 609.343; 609.344; 609.345; 609.3452, subdivision 4;
3.15 609.347; 609.3471; 609.348; 609.353; 609.487, by
3.16 adding a subdivision; 609.50, subdivision 1; 609.505;
3.17 609.5315, subdivision 1, by adding a subdivision;
3.18 609.746, subdivision 1; 609.748, subdivisions 2, 3a;
3.19 609.749, subdivisions 1, 2; 611.16; 611.215,
3.20 subdivision 1; 611A.02, subdivision 2; 631.045;
3.21 Minnesota Statutes 2003 Supplement, sections 152.021,
3.22 subdivisions 2a, 3; 270A.03, subdivision 5; 357.021,
3.23 subdivisions 6, 7; 609.2231, subdivision 3; 611.14;
3.24 611.17, subdivision 1; 611.25, subdivision 1; 611.26,
3.25 subdivision 6; 611.272; proposing coding for new law
3.26 in Minnesota Statutes, chapters 152; 244; 299A; 446A;
3.27 590; 609; proposing coding for new law as Minnesota
3.28 Statutes, chapter 545A; repealing Minnesota Statutes
3.29 2002, sections 18C.005, subdivisions 1a, 35a; 18C.201,
3.30 subdivisions 6, 7; 18D.331, subdivision 5; 243.166,
3.31 subdivisions 1, 8; 299A.64; 299A.65; 299A.66; 486.055;
3.32 609.108; 609.109; Minnesota Statutes 2003 Supplement,
3.33 section 611.18.
3.34 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
3.35 ARTICLE 1
3.36 APPROPRIATIONS
3.37 Section 1. [CORRECTIONS AND CRIMINAL JUSTICE APPROPRIATIONS AND
3.38 TRANSFERS.]
3.39 The dollar amounts in the columns under "APPROPRIATION
3.40 CHANGE" are added to or, if shown in parentheses, are subtracted
3.41 from the appropriations in Laws 2003, First Special Session
3.42 chapter 2, article 1, or other law to the specified agencies.
3.43 The appropriations are from the general fund or other named fund
3.44 and are available for the fiscal years indicated for each
3.45 purpose. The figures "2004" and "2005" used in this article
3.46 mean that the addition to or subtraction from the appropriations
3.47 listed under the figure is for the fiscal years ending June 30,
3.48 2004, and June 30, 2005, respectively.
3.49 SUMMARY BY FUND
3.50 2004 2005 TOTAL
3.51 GENERAL $ 155,000 $16,818,000 $16,973,000
3.52 STATE GOVERNMENT
4.1 SPECIAL REVENUE 3,475,000 -0- 3,475,000
4.2 TOTAL $3,630,000 $16,818,000 $20,448,000
4.3 APPROPRIATIONS
4.4 Available for the Year
4.5 Ending June 30
4.6 2004 2005
4.7 Sec. 2. CORRECTIONS
4.8 Subdivision 1. Total
4.9 Appropriation $ -0- $ 6,744,000
4.10 Subd. 2. Eliminate Gate Money
4.11 for Supervised Release Violators
4.12 and Short-Term Offenders -0- (84,000)
4.13 This reduction is from the
4.14 appropriation in Laws 2003, First
4.15 Special Session chapter 2, article 1,
4.16 section 13.
4.17 Subd. 3. Increased
4.18 Prison Population -0- 2,850,000
4.19 This is a onetime appropriation.
4.20 Subd. 4. Methamphetamine
4.21 Enforcement and Awareness -0- 322,000
4.22 Subd. 5. Behavioral Treatment
4.23 Programs for Offenders -0- 1,000,000
4.24 Subd. 6. GPS for All Level
4.25 3 Sex Offenders -0- 162,000
4.26 Subd. 7. Intensive Supervised
4.27 Release Services -0- 1,800,000
4.28 To provide intensive supervised release
4.29 services in unserved counties and to
4.30 increase services to existing intensive
4.31 supervised release programs for
4.32 high-risk sex offenders.
4.33 As of June 30, 2004, any unused funds
4.34 dedicated to remote electronic alcohol
4.35 monitoring shall be available for use
4.36 as grants to counties to establish and
4.37 operate programs of intensive probation
4.38 for repeat violators of the driving
4.39 while impaired laws as provided for in
4.40 Minnesota Statutes, section 169A.74.
4.41 Subd. 8. Assessment and Evaluation
4.42 of High-Risk Sex Offenders -0- 335,000
4.43 Subd. 9. Revocation Hearings
4.44 for Sex Offenders -0- 190,000
4.45 Subd. 10. Track and Capture
4.46 Fugitive Sex Offenders -0- 69,000
4.47 Subd. 11. Community Notification
4.48 for Sex Offenders Moving into the
4.49 State -0- 100,000
4.50 The base for this appropriation shall
4.51 be $150,000 in fiscal year 2006 and
4.52 $150,000 in fiscal year 2007.
5.1 Subd. 12. Increased Sex Offender
5.2 Impact
5.3 The base for this appropriation shall
5.4 be $832,000 in fiscal year 2006 and
5.5 $2,159,000 in fiscal year 2007.
5.6 Subd. 13. Rush City Per Diem
5.7 By June 30, 2004, the commissioner of
5.8 the Department of Corrections shall
5.9 transfer $500,000 to the general fund
5.10 from the per diem receipts collected
5.11 and deposited in the special revenue
5.12 fund for renting beds at the Rush City
5.13 Correctional Facility, as authorized in
5.14 Laws 2003, First Special Session
5.15 chapter 2, article 1, section 13,
5.16 subdivision 2.
5.17 Sec. 3. SENTENCING GUIDELINES -0- 40,000
5.18 The Sentencing Guidelines Commission,
5.19 in consultation with the chairs and
5.20 ranking minority members of the senate
5.21 and house committees having
5.22 jurisdiction over criminal justice
5.23 policy and finance, shall conduct a
5.24 study of alternatives to Minnesota's
5.25 current system of determinate
5.26 sentencing guidelines. The study must
5.27 explore whether alternative sentencing
5.28 approaches would improve the operation,
5.29 effectiveness, and outcomes of
5.30 Minnesota's criminal justice system.
5.31 The commission shall report findings
5.32 and recommendations from this study to
5.33 the chairs and ranking minority members
5.34 of the senate and house committees
5.35 having jurisdiction over criminal
5.36 justice policy by February 15, 2005.
5.37 (a) Study of determinate and
5.38 indeterminate sentencing. The study
5.39 must:
5.40 (1) review the underlying philosophy,
5.41 goals and objectives, structure,
5.42 operation, and state outcome measures
5.43 of the two sentencing systems;
5.44 (2) identify the benefits and
5.45 limitations of each sentencing system
5.46 to the state;
5.47 (3) define the role and uses of
5.48 incarceration under each system; and
5.49 (4) outline the potential benefits and
5.50 limitations of a hybrid determinate and
5.51 indeterminate sentencing model.
5.52 (b) Study of alternative sentencing
5.53 options. The study must:
5.54 (1) identify categories of offenders
5.55 for whom the state's current
5.56 determinate sentencing practices may be
5.57 inappropriate, explaining in detail the
5.58 basis for any conclusion;
6.1 (2) identify, describe, and critically
6.2 evaluate any alternative to determinate
6.3 sentencing that is deemed to be
6.4 practical;
6.5 (3) examine and evaluate the factors
6.6 that might be used to release, after a
6.7 period of years, offenders convicted of
6.8 a violent crime, including but not
6.9 limited to:
6.10 (i) the efficacy of chemical or
6.11 behavioral treatment;
6.12 (ii) the efficacy of matching the
6.13 granting or withdrawal of good time
6.14 credit depending upon the offender's
6.15 progress in treatment programs; and
6.16 (iii) the efficacy of denying release
6.17 based upon an assessment of recidivism
6.18 risk;
6.19 (4) examine the experience of other
6.20 states with indeterminate sentencing
6.21 practices, hybrid practices that blend
6.22 determinate and indeterminate
6.23 sentences, and determinate sentencing
6.24 laws that differ from practices in
6.25 Minnesota; and
6.26 (5) include detailed recommendations
6.27 for possible statutory or regulatory
6.28 revisions, as may be needed to
6.29 implement conclusions in the report.
6.30 (c) Study of alternative sentencing
6.31 options for drug offenders. The study
6.32 must:
6.33 (1) identify categories of offenders
6.34 for whom the state's current
6.35 determinate sentencing practices may be
6.36 inappropriate, explaining in detail the
6.37 basis for any conclusion;
6.38 (2) identify, describe, and critically
6.39 evaluate any alternative to determinate
6.40 sentencing that is deemed to be
6.41 practical;
6.42 (3) examine and evaluate the factors
6.43 that might be used to release or divert
6.44 drug offenders, including but not
6.45 limited to:
6.46 (i) the efficacy of chemical or
6.47 behavioral treatment;
6.48 (ii) the efficacy of matching the
6.49 granting or withdrawal of good time
6.50 credit depending upon the offender's
6.51 progress in treatment programs; and
6.52 (iii) the efficacy of denying release
6.53 based upon an assessment of recidivism
6.54 risk;
6.55 (4) examine the experience of other
6.56 states with diversion to treatment
6.57 programs, hybrid practices that blend
7.1 determinate sentences and diversion,
7.2 and determinate sentencing laws that
7.3 differ from practices in Minnesota; and
7.4 (5) include detailed recommendations
7.5 for possible statutory or regulatory
7.6 revisions, as may be needed to
7.7 implement conclusions in the report.
7.8 By December 15, 2004, the Sentencing
7.9 Guidelines Commission shall disclose a
7.10 completed draft of the report to the
7.11 commissioner of corrections,
7.12 commissioner of health, state public
7.13 defender, and the attorney general for
7.14 review of the findings and
7.15 recommendations in the report. Written
7.16 comments about the report received by
7.17 the commission by January 14, 2005,
7.18 from any of the officials listed in
7.19 this subdivision shall be included in
7.20 the appendix to the final report that
7.21 is submitted to the legislature.
7.22 Sec. 4. HUMAN RIGHTS -0- (105,000)
7.23 This reduction is from the
7.24 appropriation in Laws 2003, First
7.25 Special Session chapter 2, article 1,
7.26 section 12.
7.27 Sec. 5. BOARD ON JUDICIAL
7.28 STANDARDS 155,000 -0-
7.29 This amount is appropriated in fiscal
7.30 year 2004 for deficiency costs related
7.31 to proceedings against a judge and
7.32 shall remain available for expenditure
7.33 until June 30, 2005.
7.34 Sec. 6. BOARD OF PUBLIC DEFENSE
7.35 Subdivision 1. Total
7.36 Appropriation -0- 4,943,000
7.37 Subd. 2. Funding Increase
7.38 Related to Loss of Public Defender
7.39 Co-Pay Revenue -0- 3,000,000
7.40 This appropriation is in addition to
7.41 any appropriation provided by Laws
7.42 2003, First Special Session chapter 2,
7.43 article 1, section 8, and is added to
7.44 the base level funding.
7.45 Subd. 3. Costs for Sex
7.46 Offender Assessment Process for
7.47 Community Notification -0- 200,000
7.48 Subd. 4. Increased Methamphetamine
7.49 Case Load -0- 206,000
7.50 The base for this appropriation shall
7.51 be $399,000 in fiscal year 2006 and
7.52 $399,000 in fiscal year 2007.
7.53 Subd. 5. Increased Sex Offender
7.54 Case Load -0- 1,537,000
7.55 The base for this appropriation shall
7.56 be $3,074,000 in fiscal year 2006 and
8.1 $3,074,000 in fiscal year 2007.
8.2 Sec. 7. SUPREME COURT -0- (1,572,000)
8.3 This is a reduction to the
8.4 appropriation to civil legal services
8.5 as provided for in Laws 2003, First
8.6 Special Session chapter 2, article 1,
8.7 section 2.
8.8 The State Court administrator shall
8.9 study and evaluate the impact of the
8.10 sex offender legislation contained in
8.11 this act on the courts and the public
8.12 defender system and prepare a report to
8.13 the legislature that identifies and
8.14 explains the results of the study and
8.15 evaluation. The report is due to the
8.16 chairs and ranking minority members of
8.17 the house and senate committees having
8.18 jurisdiction over criminal justice
8.19 policy and finance by February 15, 2005.
8.20 Sec. 8. DISTRICT COURTS
8.21 Subdivision 1. Total
8.22 Appropriation -0- 2,632,000
8.23 Subd. 2. Increased Methamphetamine
8.24 Case Load -0- 53,000
8.25 Subd. 3. Ramsey County Criminal
8.26 Surcharge -0- 108,000
8.27 This appropriation is for
8.28 administration of the petty misdemeanor
8.29 diversion program operated by the
8.30 Second Judicial District Ramsey County
8.31 Violations Bureau.
8.32 This appropriation is contingent on the
8.33 Ramsey County Board authorizing the
8.34 surcharge in article 8, sections 5 and
8.35 6.
8.36 The base for this appropriation shall
8.37 be $118,000 in fiscal year 2006 and
8.38 $118,000 in fiscal year 2007.
8.39 Subd. 4. Increased Sex Offender
8.40 Case Load -0- 2,471,000
8.41 The base for this appropriation shall
8.42 be $4,942,000 in fiscal year 2006 and
8.43 $4,942,000 in fiscal year 2007.
8.44 Sec. 9. PUBLIC SAFETY
8.45 Subdivision 1. Total
8.46 Appropriation 3,475,000 4,136,000
8.47 SUMMARY BY FUND
8.48 2004 2005
8.49 GENERAL $ -0- $ 4,136,000
8.50 STATE GOVERNMENT
8.51 SPECIAL REVENUE 3,475,000 -0-
8.52 Subd. 2. Operating Budget
9.1 Reduction -0- (1,612,000)
9.2 This reduction is from the
9.3 appropriation in Laws 2003, First
9.4 Special Session chapter 2, article 1,
9.5 section 9.
9.6 Subd. 3. Criminal Apprehension -0- 1,495,000
9.7 For special agents and support staff to
9.8 enforce predator offender compliance,
9.9 scientists and equipment to process DNA
9.10 and other critical evidence, and to
9.11 improve the predator offender database.
9.12 Subd. 4. Methamphetamine
9.13 Enforcement and Awareness -0- 40,000
9.14 This appropriation is for the
9.15 methamphetamine retail and consumer
9.16 education program described in article
9.17 6, section 13. This is a onetime
9.18 appropriation.
9.19 Subd 5. To Reform and Enhance
9.20 the Gang and Drug Task Forces -0- 2,650,000
9.21 Subd. 6. To match federal
9.22 grants in support of state and local
9.23 delinquency prevention and
9.24 intervention efforts -0- 106,000
9.25 Subd. 7. Fire Marshal -0- 565,000
9.26 Subd. 8. Homeless Sex Offender
9.27 Registration -0- 100,000
9.28 This is a onetime appropriation.
9.29 Subd. 9. Community Notification
9.30 for Sex Offenders Moving Into the
9.31 State -0- 100,000
9.32 Subd. 10. 911 Emergency
9.33 Telecommunications Services 3,475,000 -0-
9.34 For expenditures related to the 911
9.35 program as specified by session law and
9.36 statute. This appropriation is from
9.37 the state government special revenue
9.38 fund for 911 emergency
9.39 telecommunications services.
9.40 This is a onetime appropriation.
9.41 Subd. 11. Crime Victims
9.42 Services -0- 532,000
9.43 This appropriation is for crime victim
9.44 services programming to ensure that no
9.45 one judicial district will receive more
9.46 than a 12 percent reduction in funding
9.47 for crime victim services in state
9.48 fiscal year 2005 versus fiscal year
9.49 2004. This is a onetime appropriation.
9.50 Subd. 12. Special Revenue Spending
9.51 Authorization from Criminal Justice Special
9.52 Projects Account
9.53 Remaining balances in the special
10.1 revenue fund from spending authorized
10.2 by Laws 2001, First Special Session
10.3 chapter 8, article 7, section 14,
10.4 subdivision 1, for which spending
10.5 authorization ended June 30, 2003,
10.6 under Laws 2001, First Special Session
10.7 chapter 8, article 7, section 14,
10.8 subdivision 3, are transferred to the
10.9 general fund.
10.10 Subd. 13. Regional Chemical
10.11 Assessment Team 160,000
10.12 To create a chemical assessment team in
10.13 International Falls to respond
10.14 regionally to hazardous materials
10.15 incidents. This appropriation is from
10.16 the general fund.
10.17 Sec. 10. SUNSET OF UNCODIFIED
10.18 LANGUAGE
10.19 All uncodified language contained in
10.20 this article expires on June 30, 2005,
10.21 unless a different expiration date is
10.22 explicit.
10.23 ARTICLE 2
10.24 MANDATORY LIFE SENTENCES AND INDETERMINATE SENTENCES FOR
10.25 SEX OFFENDERS; OTHER SEX OFFENDER SENTENCING CHANGES
10.26 Section 1. [LEGISLATIVE FINDINGS AND PURPOSE.]
10.27 The legislature finds that sex offenders pose a significant
10.28 threat to public safety, are unique in their psychological
10.29 makeup, and are particularly likely to continue to be dangerous
10.30 after their release from imprisonment. The legislature also
10.31 finds that sex offenders inflict long-standing psychological
10.32 harm on their victims and significantly undermine victim and
10.33 community safety to a greater extent than most other criminal
10.34 offenses. Based on these findings, the legislature believes sex
10.35 offenders need long-term supervision and treatment beyond that
10.36 provided other offenders. The legislature further believes this
10.37 type of supervision and treatment is best provided in a secure
10.38 correctional facility and public safety warrants the use of
10.39 state resources for this purpose.
10.40 The legislature's purpose in enacting this legislation is
10.41 to provide courts and corrections and treatment professionals
10.42 with the tools necessary to protect public safety through use of
10.43 longer, more flexible sentences than currently provided by law.
10.44 The legislature intends that a sex offender's past and future
11.1 dangerousness be considered both in sentencing and release
11.2 decisions.
11.3 Sec. 2. [244.048] [DEFINITIONS.]
11.4 For the purpose of sections 244.05 to 244.0515, the
11.5 following terms have the meanings given them, unless otherwise
11.6 noted.
11.7 (a) "Conditional release" means the release of an inmate
11.8 subject to conditions, as described in sections 244.0514 and
11.9 609.3459.
11.10 (b) "First eligible for release" has the meaning given in
11.11 section 609.341, subdivision 23.
11.12 (c) "Minimum term of imprisonment" has the meaning given in
11.13 section 609.341, subdivision 24.
11.14 (d) "Minnesota Sex Offender Review Board" or "Board" has
11.15 the meaning given in section 244.0515, subdivision 1, paragraph
11.16 (a).
11.17 (e) "Sex offense" has the meaning given in section 609.341,
11.18 subdivision 26.
11.19 [EFFECTIVE DATE.] This section is effective August 1, 2004,
11.20 and applies to crimes committed on or after that date.
11.21 Sec. 3. Minnesota Statutes 2002, section 244.05,
11.22 subdivision 5, is amended to read:
11.23 Subd. 5. [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The
11.24 commissioner of corrections may, under rules promulgated by the
11.25 commissioner, give supervised release to an inmate serving a
11.26 mandatory life sentence under section 609.185, clause (1), (3),
11.27 (5), or (6); 609.109, subdivision 2a;, or 609.385 after the
11.28 inmate has served the minimum term of imprisonment specified in
11.29 subdivision 4.
11.30 (b) The commissioner shall require the preparation of a
11.31 community investigation report and shall consider the findings
11.32 of the report when making a supervised release decision under
11.33 this subdivision or a conditional release decision under section
11.34 244.0514. The report shall reflect the sentiment of the various
11.35 elements of the community toward the inmate, both at the time of
11.36 the offense and at the present time. The report shall include
12.1 the views of the sentencing judge, the prosecutor, any law
12.2 enforcement personnel who may have been involved in the case,
12.3 and any successors to these individuals who may have information
12.4 relevant to the supervised release or conditional release
12.5 decision. The report shall also include the views of the victim
12.6 and the victim's family unless the victim or the victim's family
12.7 chooses not to participate. The commissioner must submit the
12.8 report required by this paragraph to the Minnesota Sex Offender
12.9 Review Board described in section 244.0515 at least six months
12.10 before the inmate is first eligible for release. The
12.11 commissioner also shall give the board, on request, any and all
12.12 information the commissioner gathered for use in compiling the
12.13 report.
12.14 (c) The commissioner shall make reasonable efforts to
12.15 notify the victim, in advance, of the time and place of the
12.16 inmate's supervised release review hearing. The victim has a
12.17 right to submit an oral or written statement at the review
12.18 hearing. The statement may summarize the harm suffered by the
12.19 victim as a result of the crime and give the victim's
12.20 recommendation on whether the inmate should be given supervised
12.21 release at this time. The commissioner must consider the
12.22 victim's statement when making the supervised release decision.
12.23 (d) As used in this subdivision, "victim" means the
12.24 individual who suffered harm as a result of the inmate's crime
12.25 or, if the individual is deceased, the deceased's surviving
12.26 spouse or next of kin.
12.27 [EFFECTIVE DATE.] This section is effective August 1, 2004,
12.28 and applies to crimes committed on or after that date.
12.29 Sec. 4. [244.0514] [CONDITIONAL RELEASE TERM FOR SEX
12.30 OFFENSES.]
12.31 Subdivision 1. [CONDITIONAL RELEASE REQUIRED.] Except as
12.32 provided in subdivision 3, every inmate sentenced for a sex
12.33 offense shall serve a conditional release term as provided in
12.34 section 609.3459 upon the person's release from a state
12.35 correctional facility.
12.36 Subd. 2. [RELATIONSHIP TO SUPERVISED RELEASE.] Except as
13.1 otherwise provided in this section and sections 244.0515 and
13.2 609.3459, the provisions related to supervised release in
13.3 section 244.05 apply to inmates on conditional release.
13.4 Subd. 3. [MINIMUM IMPRISONMENT; LIFE SENTENCE.] An inmate
13.5 serving a mandatory life sentence under section 609.342,
13.6 subdivision 2, or section 609.3458, subdivision 3, must not be
13.7 given conditional release under this section unless the inmate
13.8 is serving an indeterminate sentence under section 609.3455. An
13.9 inmate serving a mandatory life sentence under section 609.3455
13.10 must not be given conditional release under this section without
13.11 having first served the minimum term of imprisonment specified
13.12 by the court under section 609.3455, subdivision 2. An inmate
13.13 serving a mandatory life sentence under section 609.3458,
13.14 subdivision 3, must not be given conditional release under this
13.15 section without having first served a minimum of 30 years
13.16 imprisonment.
13.17 Subd. 4. [CONDITIONAL RELEASE; LIFE SENTENCE.] (a) Except
13.18 as provided in paragraph (b), the Minnesota Sex Offender Review
13.19 Board may give conditional release to an inmate serving a
13.20 mandatory life sentence under section 609.3455 after the inmate
13.21 has served the minimum term of imprisonment specified in
13.22 subdivision 3.
13.23 (b) The Minnesota Sex Offender Review Board may give
13.24 conditional release to an inmate sentenced under section
13.25 609.3458, subdivision 3 after the inmate has served 30 years
13.26 imprisonment.
13.27 (c) The terms of conditional release are governed by this
13.28 section and section 609.3459.
13.29 [EFFECTIVE DATE.] This section is effective August 1, 2004,
13.30 and applies to crimes committed on or after that date.
13.31 Sec. 5. Minnesota Statutes 2002, section 244.052,
13.32 subdivision 3, is amended to read:
13.33 Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The
13.34 commissioner of corrections shall establish and administer
13.35 end-of-confinement review committees at each state correctional
13.36 facility and at each state treatment facility where predatory
14.1 offenders are confined. The committees shall assess on a
14.2 case-by-case basis the public risk posed by predatory offenders
14.3 who are about to be released from confinement.
14.4 (b) Each committee shall be a standing committee and shall
14.5 consist of the following members appointed by the commissioner:
14.6 (1) the chief executive officer or head of the correctional
14.7 or treatment facility where the offender is currently confined,
14.8 or that person's designee;
14.9 (2) a law enforcement officer;
14.10 (3) a treatment professional who is trained in the
14.11 assessment of sex offenders;
14.12 (4) a caseworker experienced in supervising sex offenders;
14.13 and
14.14 (5) a victim's services professional.
14.15 Members of the committee, other than the facility's chief
14.16 executive officer or head, shall be appointed by the
14.17 commissioner to two-year terms. The chief executive officer or
14.18 head of the facility or designee shall act as chair of the
14.19 committee and shall use the facility's staff, as needed, to
14.20 administer the committee, obtain necessary information from
14.21 outside sources, and prepare risk assessment reports on
14.22 offenders.
14.23 (c) The committee shall have access to the following data
14.24 on a predatory offender only for the purposes of its assessment
14.25 and to defend the committee's risk assessment determination upon
14.26 administrative review under this section:
14.27 (1) private medical data under section 13.384 or 144.335,
14.28 or welfare data under section 13.46 that relate to medical
14.29 treatment of the offender;
14.30 (2) private and confidential court services data under
14.31 section 13.84;
14.32 (3) private and confidential corrections data under section
14.33 13.85; and
14.34 (4) private criminal history data under section 13.87.
14.35 Data collected and maintained by the committee under this
14.36 paragraph may not be disclosed outside the committee, except as
15.1 provided under section 13.05, subdivision 3 or 4. The predatory
15.2 offender has access to data on the offender collected and
15.3 maintained by the committee, unless the data are confidential
15.4 data received under this paragraph.
15.5 (d)(i) Except as otherwise provided in item items (ii),
15.6 (iii), and (iv), at least 90 days before a predatory offender is
15.7 to be released from confinement, the commissioner of corrections
15.8 shall convene the appropriate end-of-confinement review
15.9 committee for the purpose of assessing the risk presented by the
15.10 offender and determining the risk level to which the offender
15.11 shall be assigned under paragraph (e). The offender and the law
15.12 enforcement agency that was responsible for the charge resulting
15.13 in confinement shall be notified of the time and place of the
15.14 committee's meeting. The offender has a right to be present and
15.15 be heard at the meeting. The law enforcement agency may provide
15.16 material in writing that is relevant to the offender's risk
15.17 level to the chair of the committee. The committee shall use
15.18 the risk factors described in paragraph (g) and the risk
15.19 assessment scale developed under subdivision 2 to determine the
15.20 offender's risk assessment score and risk level. Offenders
15.21 scheduled for release from confinement shall be assessed by the
15.22 committee established at the facility from which the offender is
15.23 to be released.
15.24 (ii) If an offender is received for confinement in a
15.25 facility with less than 90 days remaining in the offender's term
15.26 of confinement, the offender's risk shall be assessed at the
15.27 first regularly scheduled end of confinement review committee
15.28 that convenes after the appropriate documentation for the risk
15.29 assessment is assembled by the committee. The commissioner
15.30 shall make reasonable efforts to ensure that offender's risk is
15.31 assessed and a risk level is assigned or reassigned at least 30
15.32 days before the offender's release date.
15.33 (iii) If the offender is subject to an indeterminate
15.34 sentence under section 609.3455 or was sentenced under section
15.35 609.3458, subdivision 3, the commissioner of corrections shall
15.36 convene the appropriate end-of-confinement review committee at
16.1 least nine months before the offender is first eligible for
16.2 release. If the offender is received for confinement in a
16.3 facility with fewer than nine months remaining before the
16.4 offender is first eligible for release, the committee shall
16.5 conform its procedures to those outlined in item (ii) to the
16.6 extent practicable.
16.7 (iv) If the predatory offender is granted conditional
16.8 release under section 244.0515, the commissioner of corrections
16.9 shall notify the appropriate end-of-confinement review committee
16.10 that it needs to review the offender's previously determined
16.11 risk level at its next regularly scheduled meeting. The
16.12 commissioner shall make reasonable efforts to ensure that the
16.13 offender's earlier risk level determination is reviewed and the
16.14 risk level is confirmed or reassigned at least 60 days before
16.15 the offender's release date. The committee shall give the
16.16 report to the offender and to the law enforcement agency at
16.17 least 60 days before an offender is released from confinement.
16.18 (e) The committee shall assign to risk level I a predatory
16.19 offender whose risk assessment score indicates a low risk of
16.20 reoffense. The committee shall assign to risk level II an
16.21 offender whose risk assessment score indicates a moderate risk
16.22 of reoffense. The committee shall assign to risk level III an
16.23 offender whose risk assessment score indicates a high risk of
16.24 reoffense.
16.25 (f) Before the predatory offender is released from
16.26 confinement, the committee shall prepare a risk assessment
16.27 report which specifies the risk level to which the offender has
16.28 been assigned and the reasons underlying the committee's risk
16.29 assessment decision. Except for an offender subject to an
16.30 indeterminate sentence under section 609.3455 who has not been
16.31 granted conditional release by the Minnesota Sex Offender Review
16.32 Board, the committee shall give the report to the offender and
16.33 to the law enforcement agency at least 60 days before an
16.34 offender is released from confinement. If the offender is
16.35 subject to an indeterminate sentence and has not yet served the
16.36 entire minimum term of imprisonment, the committee shall give
17.1 the report to the offender, the commissioner, and the Minnesota
17.2 Sex Offender Review Board at least six months before the
17.3 offender is first eligible for release. The committee also
17.4 shall give the board, on request, any and all information the
17.5 committee reviewed in making its risk assessment. If the risk
17.6 assessment is performed under the circumstances described in
17.7 paragraph (d), item (ii), the report shall be given to the
17.8 offender and the law enforcement agency as soon as it is
17.9 available. The committee also shall inform the offender of the
17.10 availability of review under subdivision 6.
17.11 (g) As used in this subdivision, "risk factors" includes,
17.12 but is not limited to, the following factors:
17.13 (1) the seriousness of the offense should the offender
17.14 reoffend. This factor includes consideration of the following:
17.15 (i) the degree of likely force or harm;
17.16 (ii) the degree of likely physical contact; and
17.17 (iii) the age of the likely victim;
17.18 (2) the offender's prior offense history. This factor
17.19 includes consideration of the following:
17.20 (i) the relationship of prior victims to the offender;
17.21 (ii) the number of prior offenses or victims;
17.22 (iii) the duration of the offender's prior offense history;
17.23 (iv) the length of time since the offender's last prior
17.24 offense while the offender was at risk to commit offenses; and
17.25 (v) the offender's prior history of other antisocial acts;
17.26 (3) the offender's characteristics. This factor includes
17.27 consideration of the following:
17.28 (i) the offender's response to prior treatment efforts; and
17.29 (ii) the offender's history of substance abuse;
17.30 (4) the availability of community supports to the offender.
17.31 This factor includes consideration of the following:
17.32 (i) the availability and likelihood that the offender will
17.33 be involved in therapeutic treatment;
17.34 (ii) the availability of residential supports to the
17.35 offender, such as a stable and supervised living arrangement in
17.36 an appropriate location;
18.1 (iii) the offender's familial and social relationships,
18.2 including the nature and length of these relationships and the
18.3 level of support that the offender may receive from these
18.4 persons; and
18.5 (iv) the offender's lack of education or employment
18.6 stability;
18.7 (5) whether the offender has indicated or credible evidence
18.8 in the record indicates that the offender will reoffend if
18.9 released into the community; and
18.10 (6) whether the offender demonstrates a physical condition
18.11 that minimizes the risk of reoffense, including but not limited
18.12 to, advanced age or a debilitating illness or physical condition.
18.13 (h) Upon the request of the law enforcement agency or the
18.14 offender's corrections agent, the commissioner may reconvene the
18.15 end-of-confinement review committee for the purpose of
18.16 reassessing the risk level to which an offender has been
18.17 assigned under paragraph (e). In a request for a reassessment,
18.18 the law enforcement agency which was responsible for the charge
18.19 resulting in confinement or agent shall list the facts and
18.20 circumstances arising after the initial assignment or facts and
18.21 circumstances known to law enforcement or the agent but not
18.22 considered by the committee under paragraph (e) which support
18.23 the request for a reassessment. The request for reassessment by
18.24 the law enforcement agency must occur within 30 days of receipt
18.25 of the report indicating the offender's risk level assignment.
18.26 The offender's corrections agent, in consultation with the chief
18.27 law enforcement officer in the area where the offender resides
18.28 or intends to reside, may request a review of a risk level at
18.29 any time if substantial evidence exists that the offender's risk
18.30 level should be reviewed by an end-of-confinement review
18.31 committee. This evidence includes, but is not limited to,
18.32 evidence of treatment failures or completions, evidence of
18.33 exceptional crime-free community adjustment or lack of
18.34 appropriate adjustment, evidence of substantial community need
18.35 to know more about the offender or mitigating circumstances that
18.36 would narrow the proposed scope of notification, or other
19.1 practical situations articulated and based in evidence of the
19.2 offender's behavior while under supervision. Upon review of the
19.3 request, the end-of-confinement review committee may reassign an
19.4 offender to a different risk level. If the offender is
19.5 reassigned to a higher risk level, the offender has the right to
19.6 seek review of the committee's determination under subdivision 6.
19.7 (i) An offender may request the end-of-confinement review
19.8 committee to reassess the offender's assigned risk level after
19.9 three years have elapsed since the committee's initial risk
19.10 assessment and may renew the request once every two years
19.11 following subsequent denials. In a request for reassessment,
19.12 the offender shall list the facts and circumstances which
19.13 demonstrate that the offender no longer poses the same degree of
19.14 risk to the community. In order for a request for a risk level
19.15 reduction to be granted, the offender must demonstrate full
19.16 compliance with supervised release conditions, completion of
19.17 required post-release treatment programming, and full compliance
19.18 with all registration requirements as detailed in section
19.19 243.166. The offender must also not have been convicted of any
19.20 felony, gross misdemeanor, or misdemeanor offenses subsequent to
19.21 the assignment of the original risk level. The committee shall
19.22 follow the process outlined in paragraphs (a) to (c) in the
19.23 reassessment. An offender who is incarcerated may not request a
19.24 reassessment under this paragraph.
19.25 (j) Offenders returned to prison as release violators shall
19.26 not have a right to a subsequent risk reassessment by the
19.27 end-of-confinement review committee unless substantial evidence
19.28 indicates that the offender's risk to the public has increased.
19.29 (k) The commissioner shall establish an end-of-confinement
19.30 review committee to assign a risk level to offenders who are
19.31 released from a federal correctional facility in Minnesota or
19.32 another state and who intend to reside in Minnesota, and to
19.33 offenders accepted from another state under a reciprocal
19.34 agreement for parole supervision under the interstate compact
19.35 authorized by section 243.16. The committee shall make
19.36 reasonable efforts to conform to the same timelines as applied
20.1 to Minnesota cases. Offenders accepted from another state under
20.2 a reciprocal agreement for probation supervision are not
20.3 assigned a risk level, but are considered downward dispositional
20.4 departures. The probation or court services officer and law
20.5 enforcement officer shall manage such cases in accordance with
20.6 section 244.10, subdivision 2a. The policies and procedures of
20.7 the committee for federal offenders and interstate compact cases
20.8 must be in accordance with all requirements as set forth in this
20.9 section, unless restrictions caused by the nature of federal or
20.10 interstate transfers prevents such conformance.
20.11 (l) If the committee assigns a predatory offender to risk
20.12 level III, the committee shall determine whether residency
20.13 restrictions shall be included in the conditions of the
20.14 offender's release based on the offender's pattern of offending
20.15 behavior.
20.16 [EFFECTIVE DATE.] This section is effective August 1, 2004,
20.17 and applies to crimes committed on or after that date.
20.18 Sec. 6. Minnesota Statutes 2002, section 253B.185, is
20.19 amended by adding a subdivision to read:
20.20 Subd. 7. [REPORT.] The commissioner of corrections must
20.21 prepare a report each fiscal year that identifies and describes
20.22 each circumstance where the commissioner:
20.23 (1) received a person for incarceration with at least 12
20.24 months remaining in the person's term of imprisonment and the
20.25 commissioner did not notify the county attorney of the county
20.26 where the person was convicted at least 12 months before the
20.27 person's release date that a petition for civil commitment may
20.28 be appropriate; or
20.29 (2) received a person for incarceration with less than 12
20.30 months remaining in the person's term of imprisonment and the
20.31 commissioner did not notify the county attorney of the county
20.32 where the person was convicted prior to the person's release
20.33 date that a petition for civil commitment may be appropriate.
20.34 The report is due to the ranking members of the house and
20.35 senate committees having jurisdiction over judiciary finance and
20.36 health and human services finance by October 1 of each year.
21.1 [EFFECTIVE DATE.] This section is effective the day
21.2 following final enactment.
21.3 Sec. 7. Minnesota Statutes 2002, section 609.341, is
21.4 amended by adding a subdivision to read:
21.5 Subd. 22. [CONDITIONAL RELEASE.] "Conditional release" has
21.6 the meaning given in section 244.048, paragraph (a).
21.7 [EFFECTIVE DATE.] This section is effective August 1, 2004,
21.8 and applies to crimes committed on or after that date.
21.9 Sec. 8. Minnesota Statutes 2002, section 609.341, is
21.10 amended by adding a subdivision to read:
21.11 Subd. 23. [FIRST ELIGIBLE FOR RELEASE.] (a) For the
21.12 purpose of an offender sentenced under section 609.3455, "first
21.13 eligible for release" means the day after the inmate has served
21.14 the entire minimum term of imprisonment, plus any disciplinary
21.15 time imposed by the commissioner of corrections.
21.16 (b) In the case of an offender sentenced under section
21.17 609.3458, subdivision 3, "first eligible for release" means the
21.18 day after the inmate has served 30 years imprisonment, plus any
21.19 disciplinary time imposed by the commissioner of corrections.
21.20 [EFFECTIVE DATE.] This section is effective August 1, 2004,
21.21 and applies to crimes committed on or after that date.
21.22 Sec. 9. Minnesota Statutes 2002, section 609.341, is
21.23 amended by adding a subdivision to read:
21.24 Subd. 24. [MINIMUM TERM OF IMPRISONMENT.] "Minimum term of
21.25 imprisonment" means the minimum length of time an offender is
21.26 incarcerated for a sentence imposed under section 609.3455. The
21.27 minimum term of imprisonment is equal to two-thirds of the
21.28 sentence length called for by the presumptive sentence under the
21.29 appropriate cell of the Sentencing Guidelines grid, plus any
21.30 disciplinary time imposed by the commissioner of corrections.
21.31 If the Sentencing Guidelines do not provide the presumptive
21.32 sentence for the offense, the minimum term of imprisonment is as
21.33 provided by statute or, if not so provided, as determined by the
21.34 court.
21.35 [EFFECTIVE DATE.] This section is effective August 1, 2004,
21.36 and applies to crimes committed on or after that date.
22.1 Sec. 10. Minnesota Statutes 2002, section 609.341, is
22.2 amended by adding a subdivision to read:
22.3 Subd. 25. [PREDATORY CRIME.] "Predatory crime" means any
22.4 felony violation of, or felony attempt to violate, section
22.5 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222;
22.6 609.223; 609.24; 609.245; 609.25; 609.255; 609.365; or 609.582,
22.7 subdivision 1.
22.8 [EFFECTIVE DATE.] This section is effective August 1, 2004,
22.9 and applies to crimes committed on or after that date.
22.10 Sec. 11. Minnesota Statutes 2002, section 609.341, is
22.11 amended by adding a subdivision to read:
22.12 Subd. 26. [SEX OFFENSE.] Unless otherwise provided, "sex
22.13 offense" means any violation of, or attempt to violate, section
22.14 609.342, 609.343, 609.344, 609.345, or 609.3453, or any similar
22.15 statute of the United States or any other state.
22.16 [EFFECTIVE DATE.] This section is effective August 1, 2004,
22.17 and applies to crimes committed on or after that date.
22.18 Sec. 12. Minnesota Statutes 2002, section 609.342, is
22.19 amended to read:
22.20 609.342 [CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.]
22.21 Subdivision 1. [CRIME DEFINED.] A person who engages in
22.22 sexual penetration with another person, or in sexual contact
22.23 with a person under 13 years of age as defined in section
22.24 609.341, subdivision 11, paragraph (c), is guilty of criminal
22.25 sexual conduct in the first degree if any of the following
22.26 circumstances exists:
22.27 (a) the complainant is under 13 years of age and the actor
22.28 is more than 36 months older than the complainant. Neither
22.29 mistake as to the complainant's age nor consent to the act by
22.30 the complainant is a defense;
22.31 (b) the complainant is at least 13 years of age but less
22.32 than 16 years of age and the actor is more than 48 months older
22.33 than the complainant and in a position of authority over the
22.34 complainant. Neither mistake as to the complainant's age nor
22.35 consent to the act by the complainant is a defense;
22.36 (c) circumstances existing at the time of the act cause the
23.1 complainant to have a reasonable fear of imminent great bodily
23.2 harm to the complainant or another;
23.3 (d) the actor is armed with a dangerous weapon or any
23.4 article used or fashioned in a manner to lead the complainant to
23.5 reasonably believe it to be a dangerous weapon and uses or
23.6 threatens to use the weapon or article to cause the complainant
23.7 to submit;
23.8 (e) the actor causes personal injury to the complainant,
23.9 and either of the following circumstances exist:
23.10 (i) the actor uses force or coercion to accomplish sexual
23.11 penetration; or
23.12 (ii) the actor knows or has reason to know that the
23.13 complainant is mentally impaired, mentally incapacitated, or
23.14 physically helpless;
23.15 (f) the actor is aided or abetted by one or more
23.16 accomplices within the meaning of section 609.05, and either of
23.17 the following circumstances exists:
23.18 (i) an accomplice uses force or coercion to cause the
23.19 complainant to submit; or
23.20 (ii) an accomplice is armed with a dangerous weapon or any
23.21 article used or fashioned in a manner to lead the complainant
23.22 reasonably to believe it to be a dangerous weapon and uses or
23.23 threatens to use the weapon or article to cause the complainant
23.24 to submit;
23.25 (g) the actor has a significant relationship to the
23.26 complainant and the complainant was under 16 years of age at the
23.27 time of the sexual penetration. Neither mistake as to the
23.28 complainant's age nor consent to the act by the complainant is a
23.29 defense; or
23.30 (h) the actor has a significant relationship to the
23.31 complainant, the complainant was under 16 years of age at the
23.32 time of the sexual penetration, and:
23.33 (i) the actor or an accomplice used force or coercion to
23.34 accomplish the penetration;
23.35 (ii) the complainant suffered personal injury; or
23.36 (iii) the sexual abuse involved multiple acts committed
24.1 over an extended period of time.
24.2 Neither mistake as to the complainant's age nor consent to
24.3 the act by the complainant is a defense.
24.4 Subd. 2. [PENALTY.] (a) Except as otherwise provided in
24.5 section 609.109, A person convicted under subdivision 1, may
24.6 clause (c), (d), (e), (f), or (h), or convicted for an attempted
24.7 violation of subdivision 1, clause (c), (d), (e), (f), or (h),
24.8 shall be sentenced to imprisonment for not more than 30 years or
24.9 to a payment of a fine of not more than $40,000, or both life.
24.10 A person convicted under subdivision 1, clause (a), (b), or (g),
24.11 or convicted for an attempted violation of subdivision 1, clause
24.12 (a), (b), or (g), may be sentenced to imprisonment for life.
24.13 (b) In addition to the sentence imposed under paragraph
24.14 (a), the person also may be sentenced to a fine of not more than
24.15 $40,000.
24.16 (c) Unless a longer mandatory minimum sentence is otherwise
24.17 required by law or the Sentencing Guidelines provide for a
24.18 longer presumptive executed sentence, the court shall presume
24.19 that an executed sentence of 144 months must be imposed on an
24.20 offender convicted of violating, this section or attempting to
24.21 violate, subdivision 1, clause (a), (b), or (g). Sentencing a
24.22 person in a manner other than that described in this paragraph
24.23 is a departure from the Sentencing Guidelines.
24.24 (d) Unless a longer mandatory minimum sentence is otherwise
24.25 required or the Sentencing Guidelines call for a longer
24.26 presumptive executed sentence, for the purpose of section
24.27 609.3455, the court shall presume the minimum term of
24.28 imprisonment for a conviction under subdivision 1, clause (a),
24.29 (b), or (g) is 96 months, and the minimum term of imprisonment
24.30 for a conviction for an attempted violation of subdivision 1,
24.31 clause (a), (b), or (g) is 48 months.
24.32 Subd. 3. [STAY.] Except when imprisonment is required
24.33 under section 609.109 609.3458, if a person is convicted under
24.34 subdivision 1, clause (g), the court may stay imposition or
24.35 execution of the sentence if it finds that:
24.36 (a) a stay is in the best interest of the complainant or
25.1 the family unit; and
25.2 (b) a professional assessment indicates that the offender
25.3 has been accepted by and can respond to a treatment program.
25.4 If the court stays imposition or execution of sentence, it
25.5 shall include the following as conditions of probation:
25.6 (1) incarceration in a local jail or workhouse;
25.7 (2) a requirement that the offender complete a treatment
25.8 program; and
25.9 (3) a requirement that the offender have no unsupervised
25.10 contact with the complainant until the offender has successfully
25.11 completed the treatment program unless approved by the treatment
25.12 program and the supervising correctional agent.
25.13 [EFFECTIVE DATE.] This section is effective August 1, 2004,
25.14 and applies to crimes committed on or after that date.
25.15 Sec. 13. Minnesota Statutes 2002, section 609.343, is
25.16 amended to read:
25.17 609.343 [CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.]
25.18 Subdivision 1. [CRIME DEFINED.] A person who engages in
25.19 sexual contact with another person is guilty of criminal sexual
25.20 conduct in the second degree if any of the following
25.21 circumstances exists:
25.22 (a) the complainant is under 13 years of age and the actor
25.23 is more than 36 months older than the complainant. Neither
25.24 mistake as to the complainant's age nor consent to the act by
25.25 the complainant is a defense. In a prosecution under this
25.26 clause, the state is not required to prove that the sexual
25.27 contact was coerced;
25.28 (b) the complainant is at least 13 but less than 16 years
25.29 of age and the actor is more than 48 months older than the
25.30 complainant and in a position of authority over the complainant.
25.31 Neither mistake as to the complainant's age nor consent to the
25.32 act by the complainant is a defense;
25.33 (c) circumstances existing at the time of the act cause the
25.34 complainant to have a reasonable fear of imminent great bodily
25.35 harm to the complainant or another;
25.36 (d) the actor is armed with a dangerous weapon or any
26.1 article used or fashioned in a manner to lead the complainant to
26.2 reasonably believe it to be a dangerous weapon and uses or
26.3 threatens to use the dangerous weapon to cause the complainant
26.4 to submit;
26.5 (e) the actor causes personal injury to the complainant,
26.6 and either of the following circumstances exist:
26.7 (i) the actor uses force or coercion to accomplish the
26.8 sexual contact; or
26.9 (ii) the actor knows or has reason to know that the
26.10 complainant is mentally impaired, mentally incapacitated, or
26.11 physically helpless;
26.12 (f) the actor is aided or abetted by one or more
26.13 accomplices within the meaning of section 609.05, and either of
26.14 the following circumstances exists:
26.15 (i) an accomplice uses force or coercion to cause the
26.16 complainant to submit; or
26.17 (ii) an accomplice is armed with a dangerous weapon or any
26.18 article used or fashioned in a manner to lead the complainant to
26.19 reasonably believe it to be a dangerous weapon and uses or
26.20 threatens to use the weapon or article to cause the complainant
26.21 to submit;
26.22 (g) the actor has a significant relationship to the
26.23 complainant and the complainant was under 16 years of age at the
26.24 time of the sexual contact. Neither mistake as to the
26.25 complainant's age nor consent to the act by the complainant is a
26.26 defense; or
26.27 (h) the actor has a significant relationship to the
26.28 complainant, the complainant was under 16 years of age at the
26.29 time of the sexual contact, and:
26.30 (i) the actor or an accomplice used force or coercion to
26.31 accomplish the contact;
26.32 (ii) the complainant suffered personal injury; or
26.33 (iii) the sexual abuse involved multiple acts committed
26.34 over an extended period of time.
26.35 Neither mistake as to the complainant's age nor consent to
26.36 the act by the complainant is a defense.
27.1 Subd. 2. [PENALTY.] (a) Except as otherwise provided in
27.2 section 609.109, A person convicted under subdivision 1 may be
27.3 sentenced to imprisonment for not more than 25 years or to a
27.4 payment of a fine of not more than $35,000, or both life. The
27.5 person also may be sentenced to a fine of not more than $35,000.
27.6 (b) If section 609.3455 provides the sentence for a
27.7 conviction under this section, the court shall sentence the
27.8 person to an indeterminate sentence under section 609.3455. If
27.9 section 609.3455 does not provide the sentence for a conviction
27.10 under this section, the court shall sentence the person as
27.11 provided in paragraph (c).
27.12 (c) Unless a longer mandatory minimum sentence is otherwise
27.13 required by law or the Sentencing Guidelines provide for a
27.14 longer presumptive executed sentence, the court shall presume
27.15 that an executed sentence of 90 months must the minimum sentence
27.16 that may be imposed on an offender convicted of violating
27.17 subdivision 1, clause (c), (d), (e), (f), or (h) is an executed
27.18 sentence of 90 months. Sentencing a person in a manner other
27.19 than that described in this paragraph is a departure from the
27.20 Sentencing Guidelines.
27.21 (d) Unless a longer mandatory minimum sentence is otherwise
27.22 required or the Sentencing Guidelines call for a longer
27.23 presumptive executed sentence, for the purpose of section
27.24 609.3455, the court shall presume the minimum term of
27.25 imprisonment for a conviction under subdivision 1, clause (c),
27.26 (d), (e), (f), or (h), is 60 months and the minimum term of
27.27 imprisonment for a conviction for an attempted violation of
27.28 subdivision 1, clause (c), (d), (e), (f), or (h), is 30 months.
27.29 Subd. 3. [STAY.] Except as otherwise provided in this
27.30 subdivision or when imprisonment is required under section
27.31 609.109 609.3458, if a person is convicted under subdivision 1,
27.32 clause (g), the court may stay imposition or execution of the
27.33 sentence if it finds that:
27.34 (a) a stay is in the best interest of the complainant or
27.35 the family unit; and
27.36 (b) a professional assessment indicates that the offender
28.1 has been accepted by and can respond to a treatment program.
28.2 If the court stays imposition or execution of sentence, it
28.3 shall include the following as conditions of probation:
28.4 (1) incarceration in a local jail or workhouse;
28.5 (2) a requirement that the offender complete a treatment
28.6 program; and
28.7 (3) a requirement that the offender have no unsupervised
28.8 contact with the complainant until the offender has successfully
28.9 completed the treatment program unless approved by the treatment
28.10 program and the supervising correctional agent.
28.11 If a person violates a stay of imposition or execution of
28.12 sentence granted under this subdivision, the person shall be
28.13 subject to an indeterminate sentence as provided in section
28.14 609.3455.
28.15 [EFFECTIVE DATE.] This section is effective August 1, 2004,
28.16 and applies to crimes committed on or after that date.
28.17 Sec. 14. Minnesota Statutes 2002, section 609.344, is
28.18 amended to read:
28.19 609.344 [CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.]
28.20 Subdivision 1. [CRIME DEFINED.] A person who engages in
28.21 sexual penetration with another person is guilty of criminal
28.22 sexual conduct in the third degree if any of the following
28.23 circumstances exists:
28.24 (a) the complainant is under 13 years of age and the actor
28.25 is no more than 36 months older than the complainant. Neither
28.26 mistake as to the complainant's age nor consent to the act by
28.27 the complainant shall be a defense;
28.28 (b) the complainant is at least 13 but less than 16 years
28.29 of age and the actor is more than 24 months older than the
28.30 complainant. In any such case it shall be an affirmative
28.31 defense, which must be proved by a preponderance of the
28.32 evidence, that the actor believes the complainant to be 16 years
28.33 of age or older. If the actor in such a case is no more than 48
28.34 months but more than 24 months older than the complainant, the
28.35 actor may be sentenced to imprisonment for not more than five
28.36 years. Consent by the complainant is not a defense;
29.1 (c) the actor uses force or coercion to accomplish the
29.2 penetration;
29.3 (d) the actor knows or has reason to know that the
29.4 complainant is mentally impaired, mentally incapacitated, or
29.5 physically helpless;
29.6 (e) the complainant is at least 16 but less than 18 years
29.7 of age and the actor is more than 48 months older than the
29.8 complainant and in a position of authority over the complainant.
29.9 Neither mistake as to the complainant's age nor consent to the
29.10 act by the complainant is a defense;
29.11 (f) the actor has a significant relationship to the
29.12 complainant and the complainant was at least 16 but under 18
29.13 years of age at the time of the sexual penetration. Neither
29.14 mistake as to the complainant's age nor consent to the act by
29.15 the complainant is a defense;
29.16 (g) the actor has a significant relationship to the
29.17 complainant, the complainant was at least 16 but under 18 years
29.18 of age at the time of the sexual penetration, and:
29.19 (i) the actor or an accomplice used force or coercion to
29.20 accomplish the penetration;
29.21 (ii) the complainant suffered personal injury; or
29.22 (iii) the sexual abuse involved multiple acts committed
29.23 over an extended period of time.
29.24 Neither mistake as to the complainant's age nor consent to
29.25 the act by the complainant is a defense;
29.26 (h) the actor is a psychotherapist and the complainant is a
29.27 patient of the psychotherapist and the sexual penetration
29.28 occurred:
29.29 (i) during the psychotherapy session; or
29.30 (ii) outside the psychotherapy session if an ongoing
29.31 psychotherapist-patient relationship exists.
29.32 Consent by the complainant is not a defense;
29.33 (i) the actor is a psychotherapist and the complainant is a
29.34 former patient of the psychotherapist and the former patient is
29.35 emotionally dependent upon the psychotherapist;
29.36 (j) the actor is a psychotherapist and the complainant is a
30.1 patient or former patient and the sexual penetration occurred by
30.2 means of therapeutic deception. Consent by the complainant is
30.3 not a defense;
30.4 (k) the actor accomplishes the sexual penetration by means
30.5 of deception or false representation that the penetration is for
30.6 a bona fide medical purpose. Consent by the complainant is not
30.7 a defense;
30.8 (1) the actor is or purports to be a member of the clergy,
30.9 the complainant is not married to the actor, and:
30.10 (i) the sexual penetration occurred during the course of a
30.11 meeting in which the complainant sought or received religious or
30.12 spiritual advice, aid, or comfort from the actor in private; or
30.13 (ii) the sexual penetration occurred during a period of
30.14 time in which the complainant was meeting on an ongoing basis
30.15 with the actor to seek or receive religious or spiritual advice,
30.16 aid, or comfort in private. Consent by the complainant is not a
30.17 defense;
30.18 (m) the actor is an employee, independent contractor, or
30.19 volunteer of a state, county, city, or privately operated adult
30.20 or juvenile correctional system, including, but not limited to,
30.21 jails, prisons, detention centers, or work release facilities,
30.22 and the complainant is a resident of a facility or under
30.23 supervision of the correctional system. Consent by the
30.24 complainant is not a defense; or
30.25 (n) the actor provides or is an agent of an entity that
30.26 provides special transportation service, the complainant used
30.27 the special transportation service, and the sexual penetration
30.28 occurred during or immediately before or after the actor
30.29 transported the complainant. Consent by the complainant is not
30.30 a defense.
30.31 Subd. 2. [PENALTY.] (a) A person convicted under
30.32 subdivision 1 may be sentenced to imprisonment for not more than
30.33 15 years or to a payment of a fine of not more than $30,000, or
30.34 both life. The person also may be sentenced to a fine of not
30.35 more than $30,000.
30.36 (b) If section 609.3455 provides the sentence for a
31.1 conviction under this section, the court shall sentence the
31.2 person to an indeterminate sentence under section 609.3455. If
31.3 section 609.3455 does not provide the sentence for a conviction
31.4 under this section, the court shall sentence the person to the
31.5 presumptive sentence under the Sentencing Guidelines for the
31.6 offense.
31.7 Subd. 3. [STAY.] Except as otherwise provided in this
31.8 subdivision or when imprisonment is required under
31.9 section 609.109 609.3458, if a person is convicted under
31.10 subdivision 1, clause (f), the court may stay imposition or
31.11 execution of the sentence if it finds that:
31.12 (a) a stay is in the best interest of the complainant or
31.13 the family unit; and
31.14 (b) a professional assessment indicates that the offender
31.15 has been accepted by and can respond to a treatment program.
31.16 If the court stays imposition or execution of sentence, it
31.17 shall include the following as conditions of probation:
31.18 (1) incarceration in a local jail or workhouse;
31.19 (2) a requirement that the offender complete a treatment
31.20 program; and
31.21 (3) a requirement that the offender have no unsupervised
31.22 contact with the complainant until the offender has successfully
31.23 completed the treatment program unless approved by the treatment
31.24 program and the supervising correctional agent.
31.25 If a person violates a stay of imposition or execution of
31.26 sentence granted under this subdivision, the person shall be
31.27 subject to an indeterminate sentence as provided in section
31.28 609.3455.
31.29 [EFFECTIVE DATE.] This section is effective August 1, 2004,
31.30 and applies to crimes committed on or after that date.
31.31 Sec. 15. Minnesota Statutes 2002, section 609.345, is
31.32 amended to read:
31.33 609.345 [CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.]
31.34 Subdivision 1. [CRIME DEFINED.] A person who engages in
31.35 sexual contact with another person is guilty of criminal sexual
31.36 conduct in the fourth degree if any of the following
32.1 circumstances exists:
32.2 (a) the complainant is under 13 years of age and the actor
32.3 is no more than 36 months older than the complainant. Neither
32.4 mistake as to the complainant's age or consent to the act by the
32.5 complainant is a defense. In a prosecution under this clause,
32.6 the state is not required to prove that the sexual contact was
32.7 coerced;
32.8 (b) the complainant is at least 13 but less than 16 years
32.9 of age and the actor is more than 48 months older than the
32.10 complainant or in a position of authority over the complainant.
32.11 Consent by the complainant to the act is not a defense. In any
32.12 such case, it shall be an affirmative defense which must be
32.13 proved by a preponderance of the evidence that the actor
32.14 believes the complainant to be 16 years of age or older;
32.15 (c) the actor uses force or coercion to accomplish the
32.16 sexual contact;
32.17 (d) the actor knows or has reason to know that the
32.18 complainant is mentally impaired, mentally incapacitated, or
32.19 physically helpless;
32.20 (e) the complainant is at least 16 but less than 18 years
32.21 of age and the actor is more than 48 months older than the
32.22 complainant and in a position of authority over the complainant.
32.23 Neither mistake as to the complainant's age nor consent to the
32.24 act by the complainant is a defense;
32.25 (f) the actor has a significant relationship to the
32.26 complainant and the complainant was at least 16 but under 18
32.27 years of age at the time of the sexual contact. Neither mistake
32.28 as to the complainant's age nor consent to the act by the
32.29 complainant is a defense;
32.30 (g) the actor has a significant relationship to the
32.31 complainant, the complainant was at least 16 but under 18 years
32.32 of age at the time of the sexual contact, and:
32.33 (i) the actor or an accomplice used force or coercion to
32.34 accomplish the contact;
32.35 (ii) the complainant suffered personal injury; or
32.36 (iii) the sexual abuse involved multiple acts committed
33.1 over an extended period of time.
33.2 Neither mistake as to the complainant's age nor consent to
33.3 the act by the complainant is a defense;
33.4 (h) the actor is a psychotherapist and the complainant is a
33.5 patient of the psychotherapist and the sexual contact occurred:
33.6 (i) during the psychotherapy session; or
33.7 (ii) outside the psychotherapy session if an ongoing
33.8 psychotherapist-patient relationship exists. Consent by the
33.9 complainant is not a defense;
33.10 (i) the actor is a psychotherapist and the complainant is a
33.11 former patient of the psychotherapist and the former patient is
33.12 emotionally dependent upon the psychotherapist;
33.13 (j) the actor is a psychotherapist and the complainant is a
33.14 patient or former patient and the sexual contact occurred by
33.15 means of therapeutic deception. Consent by the complainant is
33.16 not a defense;
33.17 (k) the actor accomplishes the sexual contact by means of
33.18 deception or false representation that the contact is for a bona
33.19 fide medical purpose. Consent by the complainant is not a
33.20 defense;
33.21 (1) the actor is or purports to be a member of the clergy,
33.22 the complainant is not married to the actor, and:
33.23 (i) the sexual contact occurred during the course of a
33.24 meeting in which the complainant sought or received religious or
33.25 spiritual advice, aid, or comfort from the actor in private; or
33.26 (ii) the sexual contact occurred during a period of time in
33.27 which the complainant was meeting on an ongoing basis with the
33.28 actor to seek or receive religious or spiritual advice, aid, or
33.29 comfort in private. Consent by the complainant is not a
33.30 defense;
33.31 (m) the actor is an employee, independent contractor, or
33.32 volunteer of a state, county, city, or privately operated adult
33.33 or juvenile correctional system, including, but not limited to,
33.34 jails, prisons, detention centers, or work release facilities,
33.35 and the complainant is a resident of a facility or under
33.36 supervision of the correctional system. Consent by the
34.1 complainant is not a defense; or
34.2 (n) the actor provides or is an agent of an entity that
34.3 provides special transportation service, the complainant used
34.4 the special transportation service, the complainant is not
34.5 married to the actor, and the sexual contact occurred during or
34.6 immediately before or after the actor transported the
34.7 complainant. Consent by the complainant is not a defense.
34.8 Subd. 2. [PENALTY.] (a) A person convicted under
34.9 subdivision 1 may be sentenced to imprisonment for not more than
34.10 ten years or to a payment of a fine of not more than $20,000, or
34.11 both life. The person also may be sentenced to a fine of not
34.12 more than $20,000.
34.13 (b) If section 609.3455 provides the sentence for a
34.14 conviction under this section, the court shall sentence the
34.15 person to an indeterminate sentence under section 609.3455. If
34.16 section 609.3455 does not provide the sentence for a conviction
34.17 under this section, the court shall sentence the person to the
34.18 presumptive sentence under the Sentencing Guidelines for the
34.19 offense.
34.20 Subd. 3. [STAY.] Except as otherwise provided in this
34.21 subdivision or when imprisonment is required under
34.22 section 609.109 609.3458, if a person is convicted under
34.23 subdivision 1, clause (f), the court may stay imposition or
34.24 execution of the sentence if it finds that:
34.25 (a) a stay is in the best interest of the complainant or
34.26 the family unit; and
34.27 (b) a professional assessment indicates that the offender
34.28 has been accepted by and can respond to a treatment program.
34.29 If the court stays imposition or execution of sentence, it
34.30 shall include the following as conditions of probation:
34.31 (1) incarceration in a local jail or workhouse;
34.32 (2) a requirement that the offender complete a treatment
34.33 program; and
34.34 (3) a requirement that the offender have no unsupervised
34.35 contact with the complainant until the offender has successfully
34.36 completed the treatment program unless approved by the treatment
35.1 program and the supervising correctional agent.
35.2 If a person violates a stay of imposition or execution of
35.3 sentence granted under this subdivision, the person shall be
35.4 subject to an indeterminate sentence as provided in section
35.5 609.3455.
35.6 [EFFECTIVE DATE.] This section is effective August 1, 2004,
35.7 and applies to crimes committed on or after that date.
35.8 Sec. 16. Minnesota Statutes 2002, section 609.3452,
35.9 subdivision 4, is amended to read:
35.10 Subd. 4. [DEFINITION.] As used in this section, "sex
35.11 offense" means a violation of section 609.342; 609.343; 609.344;
35.12 609.345; 609.3451; 609.3453; 609.746, subdivision 1; 609.79; or
35.13 617.23; or another offense arising out of a charge based on one
35.14 or more of those sections.
35.15 [EFFECTIVE DATE.] This section is effective August 1, 2004,
35.16 and applies to crimes committed on or after that date.
35.17 Sec. 17. [609.3453] [CRIMINAL SEXUAL PREDATORY CONDUCT.]
35.18 Subdivision 1. [CRIME DEFINED.] A person is guilty of
35.19 criminal sexual predatory conduct if the person commits a
35.20 predatory crime and the predatory crime was motivated by the
35.21 offender's sexual impulses or was part of a predatory pattern of
35.22 behavior that had criminal sexual conduct as its goal.
35.23 Subd. 2. [PENALTY.] (a) A person convicted under
35.24 subdivision 1, or for an attempted violation of subdivision 1,
35.25 shall be sentenced under section 609.3455. The person also may
35.26 be sentenced to a fine of not more than $30,000.
35.27 (b) The minimum term of imprisonment for a conviction under
35.28 subdivision 1 is double the minimum term of imprisonment that
35.29 would apply to the predatory crime. The minimum term of
35.30 imprisonment for an attempted violation of subdivision 1 is the
35.31 minimum term of imprisonment that would apply to the predatory
35.32 crime.
35.33 [EFFECTIVE DATE.] This section is effective August 1, 2004,
35.34 and applies to crimes committed on or after that date.
35.35 Sec. 18. [609.3455] [INDETERMINATE SENTENCES FOR SEX
35.36 OFFENSES.]
36.1 Subdivision 1. [APPLICABILITY.] (a) This section applies
36.2 to an offender convicted of a violation of section 609.3453 or
36.3 an attempted violation of section 609.3453. This section also
36.4 applies to an offender convicted of a violation of section
36.5 609.342, subdivision 1, clause (a), (b), or (g); 609.343;
36.6 609.344; or 609.345 or an attempted violation of section
36.7 609.342, subdivision 1, clause (a), (b), or (g); 609.343;
36.8 609.344; or 609.345 when:
36.9 (1) the Sentencing Guidelines presume an executed sentence
36.10 for the offense;
36.11 (2) section 609.3458 imposes a mandatory minimum sentence;
36.12 or
36.13 (3) the Sentencing Guidelines presume a stayed sentence for
36.14 the offense and the court departs from the Sentencing Guidelines
36.15 and imposes an upward dispositional departure. This section
36.16 also applies to a person who violates a stay of imposition or
36.17 execution of sentence under section 609.343, subdivision 3;
36.18 609.344, subdivision 3; or 609.345, subdivision 3.
36.19 (b) The court shall sentence an offender covered by this
36.20 subdivision to a minimum and maximum term of imprisonment, as
36.21 specified in subdivision 2.
36.22 Subd. 2. [MINIMUM AND MAXIMUM TERM OF IMPRISONMENT.] (a)
36.23 Unless a longer mandatory minimum sentence is otherwise required
36.24 by law, the presumptive minimum term of imprisonment for an
36.25 offense listed in subdivision 1 is the minimum term of
36.26 imprisonment for the offense committed or, in the case of an
36.27 upward dispositional departure, the minimum term of imprisonment
36.28 is the term of imprisonment specified by the court. In
36.29 sentencing an offender under this section, the court shall
36.30 consider whether a longer mandatory minimum sentence is required
36.31 under section 609.342, 609.343, 609.3457, or 609.3458. The
36.32 minimum term of imprisonment must be served before the offender
36.33 may be granted conditional release under sections 244.0514 and
36.34 244.0515.
36.35 (b) Prior to the time of sentencing, the prosecutor may
36.36 file a motion for a downward durational departure under the
37.1 Sentencing Guidelines. The court may grant this motion if the
37.2 court finds substantial and compelling reasons to do so. In no
37.3 case shall the court impose a minimum term of imprisonment that
37.4 is less than one year and one day. A sentence imposed under
37.5 this subdivision is a departure from the Sentencing Guidelines.
37.6 (c) Notwithstanding any other law to the contrary, the
37.7 maximum sentence for an offense listed in subdivision 1 is life.
37.8 (d) Notwithstanding section 609.135, the court may not stay
37.9 the imposition or execution of the sentence required by this
37.10 section. An offender committed to the custody of the
37.11 commissioner of corrections under this section may not be
37.12 released from incarceration except as provided in sections
37.13 244.05, subdivision 8; 244.0514, subdivision 4; and 244.0515.
37.14 Subd. 3. [CONDITIONAL RELEASE.] A person who is released
37.15 from a state correctional facility after receiving a sentence
37.16 under this section shall be subject to conditional release for
37.17 the remainder of the person's life. The terms and procedures
37.18 related to conditional release are governed by sections 244.05,
37.19 244.0514, and 609.3459.
37.20 [EFFECTIVE DATE.] This section is effective August 1, 2004,
37.21 and applies to crimes committed on or after that date.
37.22 Sec. 19. [609.3457] [MANDATORY MINIMUM SENTENCES FOR
37.23 CERTAIN DANGEROUS, PATTERNED SEX OFFENDERS; NO PREVIOUS
37.24 CONVICTION REQUIRED.]
37.25 Subdivision 1. [MANDATORY INCREASED SENTENCE.] (a) A court
37.26 shall commit a person to the commissioner of corrections for a
37.27 period of time that is not less than double the presumptive
37.28 sentence under the Sentencing Guidelines and not more than the
37.29 statutory maximum, or if the statutory maximum is less than
37.30 double the presumptive sentence, for a period of time that is
37.31 equal to the statutory maximum, if:
37.32 (1) the court is imposing an executed sentence on a person
37.33 convicted of committing or attempting to commit a violation of
37.34 section 609.342, 609.343, 609.344, 609.345, or 609.3453;
37.35 (2) the court finds that the offender is a danger to public
37.36 safety; and
38.1 (3) the court finds that the offender needs long-term
38.2 treatment or supervision beyond the presumptive term of
38.3 imprisonment and supervised release. The finding must be based
38.4 on a professional assessment by an examiner experienced in
38.5 evaluating sex offenders that concludes that the offender is a
38.6 patterned sex offender. The assessment must contain the facts
38.7 upon which the conclusion is based, with reference to the
38.8 offense history of the offender or the severity of the current
38.9 offense, the social history of the offender, and the results of
38.10 an examination of the offender's mental status unless the
38.11 offender refuses to be examined. The conclusion may not be
38.12 based on testing alone. A patterned sex offender is one whose
38.13 criminal sexual behavior is so engrained that the risk of
38.14 reoffending is great without intensive psychotherapeutic
38.15 intervention or other long-term controls.
38.16 (b) The court shall consider imposing a sentence under this
38.17 section whenever a person is convicted of violating section
38.18 609.342 or 609.343.
38.19 (c) If the court sentences a person under this subdivision
38.20 and the person is subject to indeterminate sentencing under
38.21 section 609.3455, the minimum term of imprisonment shall be
38.22 two-thirds of the minimum sentence specified in this
38.23 subdivision, plus disciplinary time, unless a longer minimum
38.24 term of imprisonment is otherwise required for the offense. The
38.25 maximum term of imprisonment shall be as provided in section
38.26 609.3455.
38.27 Subd. 2. [DANGER TO PUBLIC SAFETY.] The court shall base
38.28 its finding that the offender is a danger to public safety on
38.29 any of the following factors:
38.30 (1) the crime involved an aggravating factor that would
38.31 justify a durational departure from the presumptive sentence
38.32 under the Sentencing Guidelines; or
38.33 (2) the offender previously committed or attempted to
38.34 commit a predatory crime or a violation of section 609.224 or
38.35 609.2242, including:
38.36 (i) an offense committed as a juvenile that would have been
39.1 a predatory crime or a violation of section 609.224 or 609.2242
39.2 if committed by an adult; or
39.3 (ii) a violation or attempted violation of a similar law of
39.4 any other state or the United States; or
39.5 (3) the offender planned for or prepared for the crime
39.6 prior to its commission.
39.7 Subd. 3. [DEPARTURE FROM GUIDELINES.] A sentence imposed
39.8 under subdivision 1 is a departure from the Sentencing
39.9 Guidelines.
39.10 [EFFECTIVE DATE.] This section is effective August 1, 2004,
39.11 and applies to crimes committed on or after that date.
39.12 Sec. 20. [609.3458] [MANDATORY MINIMUM SENTENCES FOR
39.13 REPEAT OR AGGRAVATED SEX OFFENSES.]
39.14 Subdivision 1. [DEFINITION; CONVICTION OF OFFENSE.] For
39.15 purposes of this section, "offense" means a completed offense or
39.16 an attempt to commit an offense.
39.17 Subd. 2. [PRESUMPTIVE EXECUTED SENTENCE.] (a) Except as
39.18 provided in subdivision 3, if a person is convicted under
39.19 section 609.342, 609.343, 609.344, or 609.345 and has a previous
39.20 sex offense conviction, the court shall commit the defendant to
39.21 the commissioner of corrections for a minimum sentence of not
39.22 less than three years. Except as provided in subdivision 3, if
39.23 a person is convicted under section 609.342, 609.343, 609.344,
39.24 or 609.345 within five years of discharge from sentence for a
39.25 previous sex offense conviction, the court shall commit the
39.26 defendant to the commissioner of corrections for a minimum
39.27 sentence of not less than five years. The court may stay the
39.28 execution of the sentence imposed under this subdivision only if:
39.29 (1) the offense is not governed by an indeterminate
39.30 sentence under section 609.3455; and
39.31 (2) it finds that a professional assessment indicates the
39.32 offender is accepted by and can respond to treatment at a
39.33 long-term inpatient program exclusively treating sex offenders
39.34 and approved by the commissioner of corrections. If the court
39.35 stays the execution of a sentence, it shall include the
39.36 following as conditions of probation:
40.1 (i) incarceration in a local jail or workhouse; and
40.2 (ii) a requirement that the offender successfully complete
40.3 the treatment program and aftercare as directed by the court.
40.4 (b) If the court sentences a person under this subdivision
40.5 and the person is subject to indeterminate sentencing under
40.6 section 609.3455, the minimum term of imprisonment shall be
40.7 two-thirds of the minimum sentence specified in this
40.8 subdivision, plus disciplinary time, unless a longer minimum
40.9 term of imprisonment is otherwise required for the offense. The
40.10 maximum term of imprisonment is life.
40.11 Subd. 3. [MANDATORY LIFE SENTENCE.] (a) The court shall
40.12 sentence a person to imprisonment for life if:
40.13 (1) the person is convicted under section 609.342; and
40.14 (2) the court determines on the record at the time of
40.15 sentencing that any of the following circumstances exists:
40.16 (i) the person has previously been sentenced under section
40.17 609.1095;
40.18 (ii) the person has one previous sex offense conviction for
40.19 a violation of section 609.342, 609.343, or 609.344 that
40.20 occurred before August 1, 1989, for which the person was
40.21 sentenced to prison in an upward durational departure from the
40.22 Sentencing Guidelines that resulted in a sentence at least twice
40.23 as long as the presumptive sentence; or
40.24 (iii) the person has two previous sex offense convictions
40.25 under section 609.342, 609.343, or 609.344.
40.26 (b) Notwithstanding subdivision 2 and section 609.342,
40.27 subdivision 3, the court may not stay imposition of the sentence
40.28 required by this subdivision.
40.29 Subd. 4. [MANDATORY MINIMUM 30-YEAR SENTENCE.] (a) The
40.30 court shall commit a person to the commissioner of corrections
40.31 for a minimum sentence of not less than 30 years if:
40.32 (1) the person is convicted under section 609.342,
40.33 subdivision 1, clause (c), (d), (e), or (f), or 609.343,
40.34 subdivision 1, clause (c), (d), (e), or (f); and
40.35 (2) the court determines on the record at the time of
40.36 sentencing that:
41.1 (i) the crime involved an aggravating factor that would
41.2 provide grounds for an upward departure under the Sentencing
41.3 Guidelines other than the aggravating factor applicable to
41.4 repeat criminal sexual conduct convictions; and
41.5 (ii) the person has a previous sex offense conviction under
41.6 section 609.342, 609.343, or 609.344.
41.7 (b) Notwithstanding subdivision 2 and sections 609.342,
41.8 subdivision 3, or 609.343, subdivision 3, the court may not stay
41.9 imposition or execution of the sentence required by this
41.10 subdivision.
41.11 (c) If the court sentences a person under this subdivision
41.12 and the person is subject to indeterminate sentencing under
41.13 section 609.3455, the minimum term of imprisonment shall be
41.14 two-thirds of the minimum sentence specified in this
41.15 subdivision, plus disciplinary time, unless a longer minimum
41.16 term of imprisonment is otherwise required for the offense. The
41.17 maximum term of imprisonment is life.
41.18 Subd. 5. [PREVIOUS SEX OFFENSE CONVICTIONS.] For the
41.19 purposes of this section, a conviction is considered a previous
41.20 sex offense conviction if the person was convicted of a sex
41.21 offense before the commission of the present offense of
41.22 conviction. A person has two previous sex offense convictions
41.23 only if the person was convicted and sentenced for a sex offense
41.24 committed after the person was earlier convicted and sentenced
41.25 for a sex offense, and both convictions preceded the commission
41.26 of the present offense of conviction. A "sex offense" is a
41.27 violation of sections 609.342 to 609.345 or any similar statute
41.28 of the United States, this state, or any other state.
41.29 Subd. 6. [MANDATORY MINIMUM DEPARTURE FOR SEX OFFENDERS.]
41.30 (a) The court shall sentence a person to at least twice the
41.31 presumptive sentence recommended by the Sentencing Guidelines if:
41.32 (1) the person is convicted under section 609.342,
41.33 subdivision 1, clause (c), (d), (e), or (f), 609.343,
41.34 subdivision 1, clause (c), (d), (e), or (f); or 609.344,
41.35 subdivision 1, clause (c) or (d); and
41.36 (2) the court determines on the record at the time of
42.1 sentencing that the crime involved an aggravating factor that
42.2 would provide grounds for an upward departure under the
42.3 Sentencing Guidelines.
42.4 (b) If the court sentences a person under this subdivision
42.5 and the person is subject to indeterminate sentencing under
42.6 section 609.3455, the minimum term of imprisonment shall be
42.7 two-thirds of the minimum sentence specified in this
42.8 subdivision, plus disciplinary time, unless a longer minimum
42.9 term of imprisonment is otherwise required for the offense. The
42.10 maximum term of imprisonment is life.
42.11 [EFFECTIVE DATE.] This section is effective August 1, 2004,
42.12 and applies to crimes committed on or after that date.
42.13 Sec. 21. [609.3459] [CONDITIONAL RELEASE FOR SEX
42.14 OFFENDERS.]
42.15 Subdivision 1. [APPLICABILITY.] This section applies to a
42.16 person who commits a sex offense.
42.17 Subd. 2. [LENGTH OF CONDITIONAL RELEASE SENTENCE.] (a)
42.18 Notwithstanding the statutory maximum sentence otherwise
42.19 applicable to the offense or any provision of the Sentencing
42.20 Guidelines, when a court sentences a person to the custody of
42.21 the commissioner of corrections for a violation or attempted
42.22 violation of section 609.342, 609.343, 609.344, 609.345, or
42.23 609.3453, the court shall provide that, upon the person's
42.24 release from a state correctional facility, the commissioner of
42.25 corrections shall place the person on conditional release.
42.26 (b) If the person was convicted for a violation or
42.27 attempted violation of section 609.343, 609.344, or 609.345 and
42.28 was not sentenced under section 609.3455, the person shall be
42.29 placed on conditional release for five years, minus the time the
42.30 person served on supervised release.
42.31 (c) If the person was convicted for a violation or
42.32 attempted violation of section 609.343, 609.344, or 609.345
42.33 after a previous sex offense conviction as defined in section
42.34 609.3458, subdivision 5, or was sentenced to a mandatory
42.35 departure under section 609.3458, subdivision 6, the person
42.36 shall be placed on conditional release for ten years, minus the
43.1 time the person served on supervised release, unless the person
43.2 was sentenced under section 609.3455.
43.3 (d) If the person was convicted for a sex offense and
43.4 sentenced under section 609.3455, the person shall be subject to
43.5 an indeterminate sentence and, if released from a correctional
43.6 facility under sections 244.0514 and 244.0515, the person shall
43.7 be placed on conditional release for the remainder of the
43.8 person's life.
43.9 Subd. 3. [TERMS OF CONDITIONAL RELEASE.] (a) The
43.10 conditions of release may include successful completion of
43.11 treatment and aftercare in a program approved by the
43.12 commissioner, satisfaction of the release conditions specified
43.13 in section 244.05, subdivision 6, and any other conditions the
43.14 commissioner considers appropriate. Before the offender is
43.15 released, the commissioner shall notify the sentencing court,
43.16 the prosecutor in the jurisdiction where the offender was
43.17 sentenced, and the victim of the offender's crime, whenever
43.18 possible, of the terms of the offender's conditional release.
43.19 If the offender fails to meet any condition of release, the
43.20 commissioner may revoke the offender's conditional release and
43.21 order that the offender serve the remaining portion of the
43.22 conditional release term in prison. For offenders subject to a
43.23 five- or ten-year conditional release period, the commissioner
43.24 shall not dismiss the offender from supervision before the
43.25 conditional release term expires. For offenders subject to
43.26 conditional release for life, the commissioner shall not dismiss
43.27 the offender from supervision.
43.28 (b) Conditional release under this section is governed by
43.29 provisions relating to supervised release, except as otherwise
43.30 provided in this section or section 244.04, subdivision 1, or
43.31 244.05. Conditional release under this section also is governed
43.32 by section 244.0514.
43.33 (c) The commissioner shall develop a plan to pay the cost
43.34 of treatment of a person released under this subdivision. The
43.35 plan may include various means of paying for this treatment,
43.36 including co-payments from offenders, payment or reimbursement
44.1 from third parties, payments from local agencies, and funding
44.2 from other sources, as these sources are identified. This
44.3 section does not require the commissioner to accept or retain an
44.4 offender in a treatment program.
44.5 [EFFECTIVE DATE.] This section is effective August 1, 2004,
44.6 and applies to crimes committed on or after that date.
44.7 Sec. 22. [INSTRUCTION TO SENTENCING GUIDELINES
44.8 COMMISSION.]
44.9 The Minnesota Sentencing Guidelines Commission is directed
44.10 to review the new and increased penalties for various crimes in
44.11 this act to ensure the presumptive sentences under the
44.12 Sentencing Guidelines reflect the legislature's assessment of
44.13 the severity of these crimes. In those situations where the
44.14 Sentencing Guidelines do not reflect the legislature's
44.15 assessment of the severity of these crimes, the commission shall
44.16 increase the level at which various crimes are ranked and set
44.17 new presumptive sentences for these crimes, if necessary.
44.18 [EFFECTIVE DATE.] This section is effective August 1, 2004.
44.19 Sec. 23. [REPEALER.]
44.20 Minnesota Statutes 2002, sections 609.108 and 609.109 are
44.21 repealed. The revisor shall include a note accompanying the
44.22 repeal to inform the reader that these statutes have been
44.23 amended and recodified, from sections 609.108 and 609.109 to
44.24 sections 609.3457 and 609.3458, respectively.
44.25 [EFFECTIVE DATE.] This section is effective August 1, 2004.
44.26 ARTICLE 3
44.27 MINNESOTA SEX OFFENDER REVIEW BOARD
44.28 Section 1. Minnesota Statutes 2002, section 13.851, is
44.29 amended by adding a subdivision to read:
44.30 Subd. 9. [PREDATORY OFFENDERS; MINNESOTA SEX OFFENDER
44.31 REVIEW BOARD.] Certain data classified under this chapter are
44.32 made accessible to the Minnesota Sex Offender Review Board under
44.33 section 244.0515.
44.34 [EFFECTIVE DATE.] This section is effective August 1, 2004.
44.35 Sec. 2. Minnesota Statutes 2002, section 13D.01,
44.36 subdivision 2, is amended to read:
45.1 Subd. 2. [EXCEPTIONS.] This chapter does not apply:
45.2 (1) to meetings of the commissioner of corrections;
45.3 (2) to meetings of the Minnesota Sex Offender Review Board
45.4 under section 244.0515;
45.5 (3) to a state agency, board, or commission when it is
45.6 exercising quasi-judicial functions involving disciplinary
45.7 proceedings; or
45.8 (3) (4) as otherwise expressly provided by statute.
45.9 [EFFECTIVE DATE.] This section is effective August 1, 2004.
45.10 Sec. 3. [244.0515] [MINNESOTA SEX OFFENDER REVIEW BOARD.]
45.11 Subdivision 1. [DEFINITIONS.] For the purpose of this
45.12 section, the following terms have the meanings given them.
45.13 (a) "Board" means the Minnesota Sex Offender Review Board
45.14 established under subdivision 2.
45.15 (b) "End-of-confinement review committee" means the
45.16 committee described in section 244.052, subdivision 3.
45.17 (c) "Victim" means an individual who suffered harm as a
45.18 result of the inmate's crime or, if the individual is deceased,
45.19 the deceased's surviving spouse or next of kin.
45.20 Subd. 2. [BOARD; ESTABLISHMENT.] The Minnesota Sex
45.21 Offender Review Board is established which shall be comprised of
45.22 five members. The board shall be governed by section 15.0575,
45.23 except as otherwise provided by this section.
45.24 Subd. 3. [MEMBERS.] The Minnesota Sex Offender Review
45.25 Board shall consist of the following:
45.26 (1) the commissioner of corrections or a designee appointed
45.27 by the commissioner;
45.28 (2) the commissioner of human services or a designee
45.29 appointed by the commissioner;
45.30 (3) a retired judge appointed by the governor;
45.31 (4) a treatment professional, not employed by the
45.32 Department of Corrections or the Department of Human Services,
45.33 trained in the assessment of sex offenders and appointed by the
45.34 governor; and
45.35 (5) one public member appointed by the governor.
45.36 When an appointing authority selects individuals for
46.1 membership on the board, the authority shall make reasonable
46.2 efforts to appoint qualified members of protected groups, as
46.3 defined in section 43A.02, subdivision 33.
46.4 One of the members shall be designated by the governor as
46.5 chair of the board.
46.6 Subd. 4. [APPOINTMENT TERMS.] Each appointed member shall
46.7 be appointed for four years and shall continue to serve during
46.8 that time as long as the member occupies the position that made
46.9 the member eligible for the appointment. Each member shall
46.10 continue in office until a successor is duly appointed. Members
46.11 shall be eligible for reappointment and the appointment may be
46.12 made to fill an unexpired term. The members of the board shall
46.13 elect any additional officers necessary for the efficient
46.14 discharge of their duties.
46.15 Subd. 5. [RESPONSIBILITIES.] (a) The board is responsible
46.16 for making decisions regarding the release of inmates sentenced
46.17 under sections 609.3455 and 609.3458, subdivision 3. The board
46.18 shall hold a hearing to consider the release of an inmate at
46.19 least 90 days before the inmate is first eligible for release.
46.20 The board also shall hold a hearing when the inmate petitions
46.21 for release from imprisonment, as provided in subdivision 6.
46.22 (b) When determining whether to grant conditional release
46.23 to an inmate serving a life sentence under section 609.3455, the
46.24 board shall consider:
46.25 (1) the risk assessment report prepared under section
46.26 244.052 and any and all information the end-of-confinement
46.27 review committee reviewed in making its risk assessment;
46.28 (2) the community investigation report prepared under
46.29 section 244.05, subdivision 5, and any and all information
46.30 gathered for use in compiling that report;
46.31 (3) the inmate's criminal offense history;
46.32 (4) the inmate's behavior while incarcerated;
46.33 (5) the inmate's participation in, and completion of,
46.34 appropriate treatment;
46.35 (6) the inmate's need for additional treatment, training,
46.36 or supervision;
47.1 (7) the danger the inmate poses to the public if released;
47.2 and
47.3 (8) any other information the board deems relevant.
47.4 (c) The board shall have access to the following data on an
47.5 inmate only for purposes of making the conditional release
47.6 decision:
47.7 (1) private medical data under section 13.384 or 144.335,
47.8 or welfare data under section 13.46 that relate to medical
47.9 treatment of the inmate;
47.10 (2) private and confidential court services data under
47.11 section 13.84;
47.12 (3) private and confidential corrections data under section
47.13 13.85;
47.14 (4) private criminal history data under section 13.87;
47.15 (5) the community investigation report prepared under
47.16 section 244.05, subdivision 5, and any information gathered for
47.17 use in compiling the report; and
47.18 (6) the risk assessment report prepared under section
47.19 244.052, subdivision 5, and any information used to make the
47.20 risk assessment.
47.21 Data collected and maintained by the board under this
47.22 paragraph may not be disclosed outside the board, except as
47.23 provided under section 13.05, subdivision 3 or 4. The inmate
47.24 has access to data on the inmate collected and maintained by the
47.25 board, unless the data are confidential data received under this
47.26 paragraph.
47.27 (d) The board must make a decision regarding whether or not
47.28 to grant conditional release within 14 days of the hearing. If
47.29 the board decides not to grant conditional release to an inmate,
47.30 the board must specify in writing the reasons for its decision.
47.31 The board may identify in writing conditions the offender must
47.32 meet in order to file a petition with the board for release.
47.33 The board also may inform the inmate in writing that the inmate
47.34 may petition for release earlier than the time designated in
47.35 subdivision 6.
47.36 (e) If the board grants conditional release to the inmate
48.1 at the inmate's first hearing before the board, the commissioner
48.2 of corrections must release the individual at the time the
48.3 inmate is first eligible for release. If the board subsequently
48.4 grants conditional release to the inmate, the commissioner of
48.5 corrections must release the individual 90 days from the date of
48.6 the board's decision. If the inmate's scheduled release date
48.7 falls on a Friday, Saturday, Sunday, or holiday, the inmate's
48.8 conditional release term shall begin as specified in section
48.9 244.05, subdivision 1a.
48.10 Subd. 6. [PETITION FOR RELEASE.] (a) An inmate who has
48.11 served the minimum term of imprisonment is eligible to petition
48.12 the board for release.
48.13 (b) Except as provided in paragraph (c), the inmate may not
48.14 petition the board for release until two years have passed since
48.15 the board last issued a written decision denying release to the
48.16 inmate, or until the inmate satisfies all conditions set by the
48.17 board when it previously denied release, whichever is later.
48.18 (c) An inmate who is released by the board and is
48.19 subsequently reincarcerated under section 244.05, subdivision 3,
48.20 for a violation of the conditions of the offender's release, may
48.21 not petition for release until two years have passed since the
48.22 offender was first reincarcerated, unless the commissioner, upon
48.23 revoking the person's release, specifies in writing that the
48.24 offender may petition the board for release before that time.
48.25 (d) An inmate may petition the board at an earlier time
48.26 than allowed under paragraph (b) or (c) if the board authorizes
48.27 an earlier petition under subdivision 5.
48.28 Subd. 7. [RELEASE HEARING.] (a) Within 45 days of the time
48.29 the board first considers an inmate's eligibility for release,
48.30 or within 45 days of the time the inmate files a petition for
48.31 release, the commissioner of corrections shall give written
48.32 notice of the time and place of the hearing before the board to
48.33 all interested parties, including the petitioner, the sentencing
48.34 court, the county attorney's office involved in prosecuting the
48.35 case, and the victim.
48.36 (b) The victim has a right to submit an oral or written
49.1 statement to the board at the hearing. The statement may
49.2 summarize the harm suffered by the victim as a result of the
49.3 crime and give the victim's recommendation on whether the inmate
49.4 should be given conditional release. The board must consider
49.5 the victim's statement when making the conditional release
49.6 decision.
49.7 (c) The hearing must be held on the record. Upon approval
49.8 of the board, the petitioner may subpoena witnesses to appear at
49.9 the hearing.
49.10 Subd. 8. [ADMINISTRATIVE SERVICES.] The commissioner of
49.11 corrections shall provide adequate office space and
49.12 administrative services for the board. The board may utilize
49.13 the services, equipment, personnel, information, and resources
49.14 of other state agencies with their consent. The board may
49.15 accept voluntary and uncompensated services; contract with
49.16 individuals and public and private agencies; and request
49.17 information, reports, and data from any agency of the state, or
49.18 any of its political subdivisions, to the extent authorized by
49.19 law.
49.20 Subd. 9. [ADMINISTRATOR.] The board may select and employ
49.21 an administrator who shall perform the duties the board directs,
49.22 including the hiring of any clerical help and other employees as
49.23 the board may approve. The administrator and other staff shall
49.24 be in the unclassified service of the state and their
49.25 compensation shall be established pursuant to chapter 43A. They
49.26 shall be reimbursed for the expenses necessarily incurred in the
49.27 performance of their official duties in the same manner as other
49.28 state employees.
49.29 Subd. 10. [EXEMPTION FROM CHAPTER 14.] (a) For the
49.30 purposes of this section and except as provided in paragraph
49.31 (b), the Minnesota Sex Offender Review Board and the
49.32 commissioner of corrections are not subject to chapter 14.
49.33 (b) The Minnesota Sex Offender Review Board and the
49.34 commissioner of corrections may adopt rules under sections
49.35 14.389, 244.0514, and 609.3459 when proceeding under this
49.36 section.
50.1 [EFFECTIVE DATE.] This section is effective August 1, 2004.
50.2 Sec. 4. [DIRECTION TO COMMISSIONER OF CORRECTIONS.]
50.3 (a) The commissioner of corrections shall establish
50.4 criteria and procedures for the Minnesota Sex Offender Review
50.5 Board, established under Minnesota Statutes, section 244.0515,
50.6 to use in making release and revocation decisions on offenders
50.7 sentenced under Minnesota Statutes, sections 609.3455 and
50.8 609.3458, subdivision 3. In establishing criteria and
50.9 procedures, the commissioner of corrections shall seek the input
50.10 of the end-of-confinement review committee at each state
50.11 correctional facility and at each state treatment facility where
50.12 predatory offenders are confined. The commissioner also shall
50.13 seek input from individuals knowledgeable in health and human
50.14 services; public safety; Minnesota's sex offender treatment
50.15 program; treatment of sex offenders; crime victim issues;
50.16 criminal law; sentencing guidelines; law enforcement; and
50.17 probation, supervised release, and conditional release.
50.18 (b) The commissioner of corrections shall establish
50.19 criteria and procedures to govern the review and release of sex
50.20 offenders subject to indeterminate sentences by November 15,
50.21 2004. These criteria and procedures will become effective on
50.22 June 1, 2005, unless the legislature takes action before that
50.23 time to modify or reject the criteria and procedures.
50.24 (c) By November 15, 2004, the commissioner of corrections
50.25 shall provide the legislature with a written report containing
50.26 the criteria and procedures the commissioner proposes the
50.27 Minnesota Sex Offender Review Board use in deciding whether to
50.28 release a sex offender subject to an indeterminate sentence.
50.29 This report also shall include a summary of the input gathered
50.30 under paragraph (a).
50.31 [EFFECTIVE DATE.] This section is effective the day
50.32 following final enactment.
50.33 ARTICLE 4
50.34 PREDATORY OFFENDER REGISTRATION AND
50.35 COMMUNITY NOTIFICATION PROVISIONS
50.36 Section 1. Minnesota Statutes 2002, section 243.166, as
51.1 amended by Laws 2003, chapter 116, section 2, and Laws 2003,
51.2 First Special Session chapter 2, article 8, sections 4 and 5, is
51.3 amended to read:
51.4 243.166 [REGISTRATION OF PREDATORY OFFENDERS.]
51.5 Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall
51.6 register under this section if:
51.7 (1) the person was charged with or petitioned for a felony
51.8 violation of or attempt to violate any of the following, and
51.9 convicted of or adjudicated delinquent for that offense or
51.10 another offense arising out of the same set of circumstances:
51.11 (i) murder under section 609.185, clause (2); or
51.12 (ii) kidnapping under section 609.25; or
51.13 (iii) criminal sexual conduct under section 609.342;
51.14 609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
51.15 (iv) indecent exposure under section 617.23, subdivision 3;
51.16 or
51.17 (2) the person was charged with or petitioned for falsely
51.18 imprisoning a minor in violation of section 609.255, subdivision
51.19 2; soliciting a minor to engage in prostitution in violation of
51.20 section 609.322 or 609.324; soliciting a minor to engage in
51.21 sexual conduct in violation of section 609.352; using a minor in
51.22 a sexual performance in violation of section 617.246; or
51.23 possessing pornographic work involving a minor in violation of
51.24 section 617.247, and convicted of or adjudicated delinquent for
51.25 that offense or another offense arising out of the same set of
51.26 circumstances; or
51.27 (3) the person was convicted of a predatory crime as
51.28 defined in section 609.108, and the offender was sentenced as a
51.29 patterned sex offender or the court found on its own motion or
51.30 that of the prosecutor that the crime was part of a predatory
51.31 pattern of behavior that had criminal sexual conduct as its
51.32 goal; or
51.33 (4) the person was convicted of or adjudicated delinquent
51.34 for, including pursuant to a court martial, violating a law of
51.35 the United States, including the Uniform Code of Military
51.36 Justice, similar to the offenses described in clause (1), (2),
52.1 or (3).
52.2 (b) A person also shall register under this section if:
52.3 (1) the person was convicted of or adjudicated delinquent
52.4 in another state for an offense that would be a violation of a
52.5 law described in paragraph (a) if committed in this state;
52.6 (2) the person enters the state to reside, or to work or
52.7 attend school; and
52.8 (3) ten years have not elapsed since the person was
52.9 released from confinement or, if the person was not confined,
52.10 since the person was convicted of or adjudicated delinquent for
52.11 the offense that triggers registration, unless the person is
52.12 subject to lifetime registration, in which case the person must
52.13 register for life regardless of when the person was released
52.14 from confinement, convicted, or adjudicated delinquent.
52.15 For purposes of this paragraph:
52.16 (i) "school" includes any public or private educational
52.17 institution, including any secondary school, trade or
52.18 professional institution, or institution of higher education,
52.19 that the person is enrolled in on a full-time or part-time
52.20 basis; and
52.21 (ii) "work" includes employment that is full time or part
52.22 time for a period of time exceeding 14 days or for an aggregate
52.23 period of time exceeding 30 days during any calendar year,
52.24 whether financially compensated, volunteered, or for the purpose
52.25 of government or educational benefit.
52.26 (c) A person also shall register under this section if the
52.27 person was committed pursuant to a court commitment order under
52.28 section 253B.185 or Minnesota Statutes 1992, section 526.10, or
52.29 a similar law of another state or the United States, regardless
52.30 of whether the person was convicted of any offense.
52.31 (d) A person also shall register under this section if:
52.32 (1) the person was charged with or petitioned for a felony
52.33 violation or attempt to violate any of the offenses listed in
52.34 paragraph (a), clause (1), or a similar law of another state or
52.35 the United States, or the person was charged with or petitioned
52.36 for a violation of any of the offenses listed in paragraph (a),
53.1 clause (2), or a similar law of another state or the United
53.2 States;
53.3 (2) the person was found not guilty by reason of mental
53.4 illness or mental deficiency after a trial for that offense, or
53.5 found guilty but mentally ill after a trial for that offense, in
53.6 states with a guilty but mentally ill verdict; and
53.7 (3) the person was committed pursuant to a court commitment
53.8 order under section 253B.18 or a similar law of another state or
53.9 the United States.
53.10 Subd. 1a. [DEFINITIONS.] (a) As used in this section,
53.11 unless the context clearly indicates otherwise, the following
53.12 terms have the meanings given them.
53.13 (b) "Bureau" means the Bureau of Criminal Apprehension.
53.14 (c) "Dwelling" means the building where the person lives
53.15 under a formal or informal agreement to do so.
53.16 (d) "Incarceration" and "confinement" do not include
53.17 electronic home monitoring.
53.18 (e) "Law enforcement authority" or "authority" means, with
53.19 respect to a home rule charter or statutory city, the chief of
53.20 police, and with respect to an unincorporated area, the county
53.21 sheriff.
53.22 (f) "Motor vehicle" has the meaning given in section
53.23 169.01, subdivision 2.
53.24 (g) "Primary address" means the mailing address of the
53.25 person's dwelling. If the mailing address is different from the
53.26 actual location of the dwelling, "primary address" also includes
53.27 the physical location of the dwelling described with as much
53.28 specificity as possible.
53.29 (h) "School" includes any public or private educational
53.30 institution, including any secondary school, trade, or
53.31 professional institution, or institution of higher education,
53.32 that the person is enrolled in on a full-time or part-time basis.
53.33 (i) "Secondary address" means the mailing address of any
53.34 place where the person regularly or occasionally stays overnight
53.35 when not staying at the person's primary address. If the
53.36 mailing address is different from the actual location of the
54.1 place, secondary address also includes the physical location of
54.2 the place described with as much specificity as possible.
54.3 (j) "Treatment facility" means a residential facility, as
54.4 defined in section 244.052, subdivision 1, and residential
54.5 chemical dependency treatment programs and halfway houses
54.6 licensed under chapter 245A, including, but not limited to,
54.7 those facilities directly or indirectly assisted by any
54.8 department or agency of the United States.
54.9 (k) "Work" includes employment that is full time or part
54.10 time for a period of time exceeding 14 days or for an aggregate
54.11 period of time exceeding 30 days during any calendar year,
54.12 whether financially compensated, volunteered, or for the purpose
54.13 of government or educational benefit.
54.14 Subd. 1b. [REGISTRATION REQUIRED.] (a) A person shall
54.15 register under this section if:
54.16 (1) the person was charged with or petitioned for a felony
54.17 violation of or attempt to violate, or aiding, abetting, or
54.18 conspiracy to commit, any of the following, and convicted of or
54.19 adjudicated delinquent for that offense or another offense
54.20 arising out of the same set of circumstances:
54.21 (i) murder under section 609.185, clause (2);
54.22 (ii) kidnapping under section 609.25;
54.23 (iii) criminal sexual conduct under section 609.342;
54.24 609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
54.25 (iv) indecent exposure under section 617.23, subdivision 3;
54.26 (2) the person was charged with or petitioned for false
54.27 imprisonment in violation of section 609.255, subdivision 2;
54.28 soliciting a minor to engage in prostitution in violation of
54.29 section 609.322 or 609.324; soliciting a minor to engage in
54.30 sexual conduct in violation of section 609.352; using a minor in
54.31 a sexual performance in violation of section 617.246; or
54.32 possessing pornographic work involving a minor in violation of
54.33 section 617.247, and convicted of or adjudicated delinquent for
54.34 that offense or another offense arising out of the same set of
54.35 circumstances;
54.36 (3) the person was sentenced as a patterned sex offender
55.1 under section 609.108; or
55.2 (4) the person was convicted of or adjudicated delinquent
55.3 for, including pursuant to a court martial, violating a law of
55.4 the United States, including the Uniform Code of Military
55.5 Justice, similar to the offenses described in clause (1), (2),
55.6 or (3).
55.7 (b) A person also shall register under this section if:
55.8 (1) the person was convicted of or adjudicated delinquent
55.9 in another state for an offense that would be a violation of a
55.10 law described in paragraph (a) if committed in this state;
55.11 (2) the person enters this state to reside, work, or attend
55.12 school, or enters this state and remains for 14 days or longer;
55.13 and
55.14 (3) ten years have not elapsed since the person was
55.15 released from confinement or, if the person was not confined,
55.16 since the person was convicted of or adjudicated delinquent for
55.17 the offense that triggers registration, unless the person is
55.18 subject to lifetime registration, in which case the person shall
55.19 register for life regardless of when the person was released
55.20 from confinement, convicted, or adjudicated delinquent.
55.21 (c) A person also shall register under this section if the
55.22 person was committed pursuant to a court commitment order under
55.23 section 253B.185 or Minnesota Statutes 1992, section 526.10, or
55.24 a similar law of another state or the United States, regardless
55.25 of whether the person was convicted of any offense.
55.26 (d) A person also shall register under this section if:
55.27 (1) the person was charged with or petitioned for a felony
55.28 violation or attempt to violate any of the offenses listed in
55.29 paragraph (a), clause (1), or a similar law of another state or
55.30 the United States, or the person was charged with or petitioned
55.31 for a violation of any of the offenses listed in paragraph (a),
55.32 clause (2), or a similar law of another state or the United
55.33 States;
55.34 (2) the person was found not guilty by reason of mental
55.35 illness or mental deficiency after a trial for that offense, or
55.36 found guilty but mentally ill after a trial for that offense, in
56.1 states with a guilty but mentally ill verdict; and
56.2 (3) the person was committed pursuant to a court commitment
56.3 order under section 253B.18 or a similar law of another state or
56.4 the United States.
56.5 Subd. 2. [NOTICE.] When a person who is required to
56.6 register under subdivision 1 1b, paragraph (a), is sentenced or
56.7 becomes subject to a juvenile court disposition order, the court
56.8 shall tell the person of the duty to register under this section
56.9 and that, if the person fails to comply with the registration
56.10 requirements, information about the offender may be made
56.11 available to the public through electronic, computerized, or
56.12 other accessible means. The court may not modify the person's
56.13 duty to register in the pronounced sentence or disposition
56.14 order. The court shall require the person to read and sign a
56.15 form stating that the duty of the person to register under this
56.16 section has been explained. The court shall forward the signed
56.17 sex offender registration form, the complaint, and sentencing
56.18 documents to the Bureau of Criminal Apprehension. If a person
56.19 required to register under subdivision 1 1b, paragraph (a), was
56.20 not notified by the court of the registration requirement at the
56.21 time of sentencing or disposition, the assigned corrections
56.22 agent shall notify the person of the requirements of this
56.23 section. When a person who is required to register under
56.24 subdivision 1 1b, paragraph (c) or (d), is released from
56.25 commitment, the treatment facility shall notify the person of
56.26 the requirements of this section. The treatment facility shall
56.27 also obtain the registration information required under this
56.28 section and forward it to the Bureau of Criminal Apprehension.
56.29 Subd. 3. [REGISTRATION PROCEDURE.] (a) Except as provided
56.30 in subdivision 3a, a person required to register under this
56.31 section shall register with the corrections agent as soon as the
56.32 agent is assigned to the person. If the person does not have an
56.33 assigned corrections agent or is unable to locate the assigned
56.34 corrections agent, the person shall register with the law
56.35 enforcement agency authority that has jurisdiction in the area
56.36 of the person's residence primary address.
57.1 (b) Except as provided in subdivision 3a, at least five
57.2 days before the person starts living at a new primary address,
57.3 including living in another state, the person shall give written
57.4 notice of the new primary living address to the assigned
57.5 corrections agent or to the law enforcement authority with which
57.6 the person currently is registered. If the person will be
57.7 living in a new state and that state has a registration
57.8 requirement, the person shall also give written notice of the
57.9 new address to the designated registration agency in the new
57.10 state. A person required to register under this section shall
57.11 also give written notice to the assigned corrections agent or to
57.12 the law enforcement authority that has jurisdiction in the area
57.13 of the person's residence primary address that the person is no
57.14 longer living or staying at an address, immediately after the
57.15 person is no longer living or staying at that address. The
57.16 corrections agent or law enforcement authority shall, within two
57.17 business days after receipt of this information, forward it to
57.18 the Bureau of Criminal Apprehension. The Bureau of Criminal
57.19 Apprehension shall, if it has not already been done, notify the
57.20 law enforcement authority having primary jurisdiction in the
57.21 community where the person will live of the new address. If the
57.22 person is leaving the state, the Bureau of Criminal Apprehension
57.23 shall notify the registration authority in the new state of the
57.24 new address. If the person's obligation to register arose under
57.25 subdivision 1, paragraph (b), The person's registration
57.26 requirements under this section terminate when after the person
57.27 begins living in the new state and the bureau has confirmed the
57.28 address in the other state through the annual verification
57.29 process on at least one occasion.
57.30 (c) A person required to register under subdivision 1 1b,
57.31 paragraph (b), because the person is working or attending school
57.32 in Minnesota shall register with the law enforcement
57.33 agency authority that has jurisdiction in the area where the
57.34 person works or attends school. In addition to other
57.35 information required by this section, the person shall provide
57.36 the address of the school or of the location where the person is
58.1 employed. A person must shall comply with this paragraph within
58.2 five days of beginning employment or school. A person's
58.3 obligation to register under this paragraph terminates when the
58.4 person is no longer working or attending school in Minnesota.
58.5 (d) A person required to register under this section who
58.6 works or attends school outside of Minnesota shall register as a
58.7 predatory offender in the state where the person works or
58.8 attends school. The person's corrections agent, or if the
58.9 person does not have an assigned corrections agent, the law
58.10 enforcement authority that has jurisdiction in the area of the
58.11 person's residence primary address shall notify the person of
58.12 this requirement.
58.13 Subd. 3a. [REGISTRATION PROCEDURE WHEN PERSON LACKS
58.14 PRIMARY ADDRESS.] (a) If a person leaves a primary address and
58.15 does not have a new primary address, the person shall register
58.16 with the law enforcement authority that has jurisdiction in the
58.17 area where the person is staying within 24 hours of the time the
58.18 person no longer has a primary address.
58.19 (b) A person who lacks a primary address shall register
58.20 with the law enforcement authority that has jurisdiction in the
58.21 area where the person is staying within 24 hours after entering
58.22 the jurisdiction. Each time a person who lacks a primary
58.23 address moves to a new jurisdiction without acquiring a new
58.24 primary address, the person shall register with the law
58.25 enforcement authority that has jurisdiction in the area where
58.26 the person is staying within 24 hours after entering the
58.27 jurisdiction.
58.28 (c) Upon registering under this subdivision, the person
58.29 shall provide the law enforcement authority with all of the
58.30 information the individual is required to provide under
58.31 subdivision 4a. However, instead of reporting the person's
58.32 primary address, the person shall describe the location of where
58.33 the person is staying with as much specificity as possible.
58.34 (d) Except as otherwise provided in paragraph (e), if a
58.35 person continues to lack a primary address, the person shall
58.36 report in person on a weekly basis to the law enforcement
59.1 authority with jurisdiction in the area where the person is
59.2 staying. This weekly report shall occur between the hours of
59.3 9:00 a.m. and 5:00 p.m. The person is not required to provide
59.4 the registration information required under subdivision 4a each
59.5 time the offender reports to an authority, but the person shall
59.6 inform the authority of changes to any information provided
59.7 under this subdivision or subdivision 4a and shall otherwise
59.8 comply with this subdivision.
59.9 (e) If the law enforcement authority determines that it is
59.10 impractical, due to the person's unique circumstances, to
59.11 require a person lacking a primary address to report weekly and
59.12 in person as required under paragraph (d), the authority may
59.13 authorize the person to follow an alternative reporting
59.14 procedure. The authority shall consult with the person's
59.15 corrections agent, if the person has one, in establishing the
59.16 specific criteria of this alternative procedure, subject to the
59.17 following requirements:
59.18 (1) the authority shall document, in the person's
59.19 registration record, the specific reasons why the weekly
59.20 in-person reporting process is impractical for the person to
59.21 follow;
59.22 (2) the authority shall explain how the alternative
59.23 reporting procedure furthers the public safety objectives of
59.24 this section;
59.25 (3) the authority shall require the person lacking a
59.26 primary address to report in person at least monthly to the
59.27 authority or the person's corrections agent and shall specify
59.28 the location where the person shall report. If the authority
59.29 determines it would be more practical and would further public
59.30 safety for the person to report to another law enforcement
59.31 authority with jurisdiction where the person is staying, it may,
59.32 after consulting with the other law enforcement authority,
59.33 include this requirement in the person's alternative reporting
59.34 process;
59.35 (4) the authority shall require the person to comply with
59.36 the weekly, in-person reporting process required under paragraph
60.1 (d), if the person moves to a new area where this process would
60.2 be practical;
60.3 (5) the authority shall require the person to report any
60.4 changes to the registration information provided under
60.5 subdivision 4a and to comply with the periodic registration
60.6 requirements specified under paragraph (f); and
60.7 (6) the authority shall require the person to comply with
60.8 the requirements of subdivision 3, paragraphs (b) and (c), if
60.9 the person moves to a primary address.
60.10 (f) If a person continues to lack a primary address and
60.11 continues to report to the same law enforcement authority, the
60.12 person shall provide the authority with all of the information
60.13 the individual is required to provide under this subdivision and
60.14 subdivision 4a at least annually, unless the person is required
60.15 to register under subdivision 1b, paragraph (c), following
60.16 commitment pursuant to a court commitment under section 253B.185
60.17 or a similar law of another state or the United States. If the
60.18 person is required to register under subdivision 1b, paragraph
60.19 (c), the person shall provide the law enforcement authority with
60.20 all of the information the individual is required to report
60.21 under this subdivision and subdivision 4a at least once every
60.22 three months.
60.23 (g) A law enforcement authority receiving information under
60.24 this subdivision shall forward registration information and
60.25 changes to that information to the bureau within two business
60.26 days of receipt of the information.
60.27 (h) For purposes of this subdivision, a person who fails to
60.28 report a primary address will be deemed to be a person who lacks
60.29 a primary address, and the person shall comply with the
60.30 requirements for a person who lacks a primary address.
60.31 Subd. 4. [CONTENTS OF REGISTRATION.] (a) The registration
60.32 provided to the corrections agent or law enforcement authority,
60.33 must consist of a statement in writing signed by the person,
60.34 giving information required by the Bureau of Criminal
60.35 Apprehension, a fingerprint card, and photograph of the person
60.36 taken at the time of the person's release from incarceration or,
61.1 if the person was not incarcerated, at the time the person
61.2 initially registered under this section. The registration
61.3 information also must include a written consent form signed by
61.4 the person allowing a treatment facility or residential housing
61.5 unit or shelter to release information to a law enforcement
61.6 officer about the person's admission to, or residence in, a
61.7 treatment facility or residential housing unit or shelter.
61.8 Registration information on adults and juveniles may be
61.9 maintained together notwithstanding section 260B.171,
61.10 subdivision 3.
61.11 (b) For persons required to register under subdivision 1
61.12 1b, paragraph (c), following commitment pursuant to a court
61.13 commitment under section 253B.185 or a similar law of another
61.14 state or the United States, in addition to other information
61.15 required by this section, the registration provided to the
61.16 corrections agent or law enforcement authority must include the
61.17 person's offense history and documentation of treatment received
61.18 during the person's commitment. This documentation shall be is
61.19 limited to a statement of how far the person progressed in
61.20 treatment during commitment.
61.21 (c) Within three days of receipt, the corrections agent or
61.22 law enforcement authority shall forward the registration
61.23 information to the Bureau of Criminal Apprehension. The bureau
61.24 shall ascertain whether the person has registered with the law
61.25 enforcement authority where the person resides in the area of
61.26 the person's primary address, if any, or if the person lacks a
61.27 primary address, where the person is staying, as required by
61.28 subdivision 3a. If the person has not registered with the law
61.29 enforcement authority, the bureau shall send one copy to that
61.30 authority.
61.31 (d) The corrections agent or law enforcement authority may
61.32 require that a person required to register under this section
61.33 appear before the agent or authority to be photographed. The
61.34 agent or authority shall forward the photograph to the Bureau of
61.35 Criminal Apprehension.
61.36 (e) During the period a person is required to register
62.1 under this section, the following shall provisions apply:
62.2 (1) Except for persons registering under subdivision 3a,
62.3 the Bureau of Criminal Apprehension shall mail a verification
62.4 form to the last reported address of the person's residence last
62.5 reported primary address. This verification form shall must
62.6 provide notice to the offender that, if the offender does not
62.7 return the verification form as required, information about the
62.8 offender may be made available to the public through electronic,
62.9 computerized, or other accessible means. For persons who are
62.10 registered under subdivision 3a, the bureau shall mail an annual
62.11 verification form to the law enforcement authority where the
62.12 offender most recently reported. The authority shall provide
62.13 the verification form to the person at the next weekly meeting
62.14 and ensure that the person completes and signs the form and
62.15 returns it to the bureau.
62.16 (2) The person shall mail the signed verification form back
62.17 to the Bureau of Criminal Apprehension within ten days after
62.18 receipt of the form, stating on the form the current and last
62.19 address of the person's residence and the other information
62.20 required under subdivision 4a.
62.21 (3) In addition to the requirements listed in this section,
62.22 a person who is assigned to risk level II or risk level III
62.23 under section 244.052, and who is no longer under correctional
62.24 supervision, shall have an annual in-person contact with the law
62.25 enforcement authority in the area of the person's primary
62.26 address or, if the person has no primary address, where the
62.27 person is staying. During the month of the person's birth date,
62.28 the person shall report to the authority to verify the accuracy
62.29 of the registration information and to be photographed. Within
62.30 three days of this contact, the authority shall enter
62.31 information as required by the bureau into the predatory
62.32 offender registration database and submit an updated photograph
62.33 of the person to the bureau's predatory offender registration
62.34 unit.
62.35 (4) If the person fails to mail the completed and signed
62.36 verification form to the Bureau of Criminal Apprehension within
63.1 ten days after receipt of the form, or if the person fails to
63.2 report to the law enforcement authority during the month of the
63.3 person's birth date, the person shall be is in violation of this
63.4 section.
63.5 (5) For any person who fails to mail the completed and
63.6 signed verification form to the bureau within ten days after
63.7 receipt of the form and who has been determined to be a level
63.8 III offender under section 244.052, the bureau shall immediately
63.9 investigate and notify local law enforcement authorities to
63.10 investigate the person's location and to ensure compliance with
63.11 this section. The bureau also shall immediately give notice of
63.12 the person's violation of this section to the law enforcement
63.13 authority having jurisdiction over the person's last registered
63.14 address or addresses.
63.15 For persons required to register under subdivision 1 1b,
63.16 paragraph (c), following commitment pursuant to a court
63.17 commitment under section 253B.185 or a similar law of another
63.18 state or the United States, the bureau shall comply with clause
63.19 (1) at least four times each year. For persons who, under
63.20 section 244.052, are assigned to risk level III and who are no
63.21 longer under correctional supervision, the bureau shall comply
63.22 with clause (1) at least two times each year. For all other
63.23 persons required to register under this section, the bureau
63.24 shall comply with clause (1) each year within 30 days of the
63.25 anniversary date of the person's initial registration.
63.26 (f) When sending out a verification form, the Bureau of
63.27 Criminal Apprehension must shall determine whether the person to
63.28 whom the verification form is being sent has signed a written
63.29 consent form as provided for in paragraph (a). If the person
63.30 has not signed such a consent form, the Bureau of Criminal
63.31 Apprehension must shall send a written consent form to the
63.32 person along with the verification form. A person who receives
63.33 this written consent form must shall sign and return it to the
63.34 Bureau of Criminal Apprehension at the same time as the
63.35 verification form.
63.36 (g) For the purposes of this subdivision, "treatment
64.1 facility" means a residential facility, as defined in section
64.2 244.052, subdivision 1, and residential chemical dependency
64.3 treatment programs and halfway houses licensed under chapter
64.4 245A, including, but not limited to, those facilities directly
64.5 or indirectly assisted by any department or agency of the United
64.6 States.
64.7 Subd. 4a. [INFORMATION REQUIRED TO BE PROVIDED.] (a) As
64.8 used in this section:
64.9 (1) "motor vehicle" has the meaning given "vehicle" in
64.10 section 169.01, subdivision 2;
64.11 (2) "primary residence" means any place where the person
64.12 resides longer than 14 days or that is deemed a primary
64.13 residence by a person's corrections agent, if one is assigned to
64.14 the person; and
64.15 (3) "secondary residence" means any place where the person
64.16 regularly stays overnight when not staying at the person's
64.17 primary residence, and includes, but is not limited to:
64.18 (i) the person's parent's home if the person is a student
64.19 and stays at the home at times when the person is not staying at
64.20 school, including during the summer; and
64.21 (ii) the home of someone with whom the person has a minor
64.22 child in common where the child's custody is shared.
64.23 (b) A person required to register under this section shall
64.24 provide to the corrections agent or law enforcement authority
64.25 the following information:
64.26 (1) the address of the person's primary residence address;
64.27 (2) the addresses of all of the person's secondary
64.28 residences addresses in Minnesota, including all addresses used
64.29 for residential or recreational purposes;
64.30 (3) the addresses of all Minnesota property owned, leased,
64.31 or rented by the person;
64.32 (4) the addresses of all locations where the person is
64.33 employed;
64.34 (5) the addresses of all residences schools where the
64.35 person resides while attending school is enrolled; and
64.36 (6) the year, model, make, license plate number, and color
65.1 of all motor vehicles owned or regularly driven by the person.
65.2 (c) (b) The person shall report to the agent or authority
65.3 the information required to be provided under paragraph (b) (a),
65.4 clauses (2) to (6), within five days of the date the clause
65.5 becomes applicable. If because of a change in circumstances any
65.6 information reported under paragraph (b) (a), clauses (1) to
65.7 (6), no longer applies, the person shall immediately inform the
65.8 agent or authority that the information is no longer valid. If
65.9 the person leaves a primary address and does not have a new
65.10 primary address, the person shall register as provided in
65.11 subdivision 3a.
65.12 Subd. 5. [CRIMINAL PENALTY.] (a) A person required to
65.13 register under this section who knowingly violates any of its
65.14 provisions or intentionally provides false information to a
65.15 corrections agent, law enforcement authority, or the Bureau of
65.16 Criminal Apprehension is guilty of a felony and may be sentenced
65.17 to imprisonment for not more than five years or to payment of a
65.18 fine of not more than $10,000, or both.
65.19 (b) Except as provided in paragraph (c), a person convicted
65.20 of violating paragraph (a) shall be committed to the custody of
65.21 the commissioner of corrections for not less than a year and a
65.22 day, nor more than five years.
65.23 (c) A person convicted of violating paragraph (a), who has
65.24 previously been convicted of or adjudicated delinquent for
65.25 violating this section, shall be committed to the custody of the
65.26 commissioner of corrections for not less than two years, nor
65.27 more than five years.
65.28 (d) Prior to the time of sentencing, the prosecutor may
65.29 file a motion to have the person sentenced without regard to the
65.30 mandatory minimum sentence established by this subdivision. The
65.31 motion shall must be accompanied by a statement on the record of
65.32 the reasons for it. When presented with the motion, or on its
65.33 own motion, the court may sentence the person without regard to
65.34 the mandatory minimum sentence if the court finds substantial
65.35 and compelling reasons to do so. Sentencing a person in the
65.36 manner described in this paragraph is a departure from the
66.1 Sentencing Guidelines.
66.2 (e) A person convicted and sentenced as required by this
66.3 subdivision is not eligible for probation, parole, discharge,
66.4 work release, conditional release, or supervised release, until
66.5 that person has served the full term of imprisonment as provided
66.6 by law, notwithstanding the provisions of sections 241.26,
66.7 242.19, 243.05, 244.04, 609.12, and 609.135.
66.8 Subd. 5a. [CONDITIONAL RELEASE.] (a) Notwithstanding the
66.9 statutory maximum sentence otherwise applicable to the offense
66.10 or any provision of the sentencing guidelines, when a court
66.11 convicts a person who is a level III sex offender under section
66.12 244.052, subdivision 3, paragraph (e), for a violation of
66.13 subdivision 5, the court shall provide that after the person has
66.14 completed the sentence imposed, the commissioner of corrections
66.15 shall place the person on conditional release for the remainder
66.16 of the person's life.
66.17 (b) The conditions of release may include satisfaction of
66.18 the release conditions specified in section 244.05, subdivision
66.19 6, and any other conditions the commissioner considers
66.20 appropriate. If the offender fails to meet any condition of
66.21 release, the commissioner may revoke the offender's conditional
66.22 release and order that the offender serve the remaining portion
66.23 of the conditional release term in prison.
66.24 Conditional release under this subdivision is governed by
66.25 provisions relating to supervised release, except as otherwise
66.26 provided in this subdivision or section 244.05.
66.27 Subd. 6. [REGISTRATION PERIOD.] (a) Notwithstanding the
66.28 provisions of section 609.165, subdivision 1, and except as
66.29 provided in paragraphs (b), (c), and (d), a person required to
66.30 register under this section shall continue to comply with this
66.31 section until ten years have elapsed since the person initially
66.32 registered in connection with the offense, or until the
66.33 probation, supervised release, or conditional release period
66.34 expires, whichever occurs later. For a person required to
66.35 register under this section who is committed under section
66.36 253B.18 or 253B.185, the ten-year registration period does not
67.1 include the period of commitment.
67.2 (b) If a person required to register under this section
67.3 fails to register following a change in residence provide the
67.4 person's primary address as required by subdivision 3, paragraph
67.5 (b), fails to comply with the requirements of subdivision 3a,
67.6 fails to provide information as required by subdivision 4a, or
67.7 fails to return the verification form referenced in subdivision
67.8 4 within ten days, the commissioner of public safety may require
67.9 the person to continue to register for an additional period of
67.10 five years. This five-year period is added to the end of the
67.11 offender's registration period.
67.12 (c) If a person required to register under this section is
67.13 subsequently incarcerated following a conviction for a new
67.14 offense or following a revocation of probation, supervised
67.15 release, or conditional release for that any offense, or a
67.16 conviction for any new offense, the person shall continue to
67.17 register until ten years have elapsed since the person was last
67.18 released from incarceration or until the person's probation,
67.19 supervised release, or conditional release period expires,
67.20 whichever occurs later.
67.21 (d) A person shall continue to comply with this section for
67.22 the life of that person:
67.23 (1) if the person is convicted of or adjudicated delinquent
67.24 for any offense for which registration is required under
67.25 subdivision 1 1b, or any offense from another state or any
67.26 federal offense similar to the offenses described in subdivision
67.27 1 1b, and the person has a prior conviction or adjudication for
67.28 an offense for which registration was or would have been
67.29 required under subdivision 1 1b, or an offense from another
67.30 state or a federal offense similar to an offense described in
67.31 subdivision 1 1b;
67.32 (2) if the person is required to register based upon a
67.33 conviction or delinquency adjudication for an offense under
67.34 section 609.185, clause (2), or a similar statute from another
67.35 state or the United States;
67.36 (3) if the person is required to register based upon a
68.1 conviction for an offense under section 609.342, subdivision 1,
68.2 paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
68.3 1, paragraph (a), (c), (d), (e), (f), or (h); 609.344,
68.4 subdivision 1, paragraph (a), (c), or (g); or 609.345,
68.5 subdivision 1, paragraph (a), (c), or (g); or a statute from
68.6 another state or the United States similar to the offenses
68.7 described in this clause; or
68.8 (4) if the person is required to register under subdivision
68.9 1 1b, paragraph (c), following commitment pursuant to a court
68.10 commitment under section 253B.185 or a similar law of another
68.11 state or the United States.
68.12 Subd. 7. [USE OF INFORMATION.] Except as otherwise
68.13 provided in subdivision 7a or sections 244.052 and 299C.093, the
68.14 information provided under this section is private data on
68.15 individuals under section 13.02, subdivision 12. The
68.16 information may be used only for law enforcement purposes.
68.17 Subd. 7a. [AVAILABILITY OF INFORMATION ON OFFENDERS WHO
68.18 ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The Bureau of
68.19 Criminal Apprehension may make information available to the
68.20 public about offenders who are 16 years of age or older and who
68.21 are out of compliance with this section for 30 days or longer
68.22 for failure to provide the address of the offenders' primary or
68.23 secondary residences addresses. This information may be made
68.24 available to the public through electronic, computerized, or
68.25 other accessible means. The amount and type of information made
68.26 available shall be is limited to the information necessary for
68.27 the public to assist law enforcement in locating the offender.
68.28 (b) An offender who comes into compliance with this section
68.29 after the Bureau of Criminal Apprehension discloses information
68.30 about the offender to the public may send a written request to
68.31 the bureau requesting the bureau to treat information about the
68.32 offender as private data, consistent with subdivision 7. The
68.33 bureau shall review the request and promptly take reasonable
68.34 action to treat the data as private, if the offender has
68.35 complied with the requirement that the offender provide the
68.36 addresses of the offender's primary and secondary residences
69.1 addresses, or promptly notify the offender that the information
69.2 will continue to be treated as public information and the
69.3 reasons for the bureau's decision.
69.4 (c) If an offender believes the information made public
69.5 about the offender is inaccurate or incomplete, the offender may
69.6 challenge the data under section 13.04, subdivision 4.
69.7 (d) The Bureau of Criminal Apprehension is immune from any
69.8 civil or criminal liability that might otherwise arise, based on
69.9 the accuracy or completeness of any information made public
69.10 under this subdivision, if the bureau acts in good faith.
69.11 Subd. 8. [LAW ENFORCEMENT AUTHORITY.] For purposes of this
69.12 section, a law enforcement authority means, with respect to a
69.13 home rule charter or statutory city, the chief of police, and
69.14 with respect to an unincorporated area, the sheriff of the
69.15 county.
69.16 Subd. 9. [OFFENDERS FROM OTHER STATES.] (a) When the state
69.17 accepts an offender from another state under a reciprocal
69.18 agreement under the interstate compact authorized by section
69.19 243.16, the interstate compact authorized by section 243.1605,
69.20 or under any authorized interstate agreement, the acceptance is
69.21 conditional on the offender agreeing to register under this
69.22 section when the offender is living in Minnesota.
69.23 (b) The Bureau of Criminal Apprehension shall notify the
69.24 commissioner of corrections:
69.25 (1) when the bureau receives notice from a local law
69.26 enforcement authority that a person from another state who is
69.27 subject to this section has registered with the authority,
69.28 unless the bureau previously received information about the
69.29 offender from the commissioner of corrections;
69.30 (2) when a registration authority, corrections agent, or
69.31 law enforcement agency in another state notifies the bureau that
69.32 a person from another state who is subject to this section is
69.33 moving to Minnesota; and
69.34 (3) when the bureau learns that a person from another state
69.35 is in Minnesota and allegedly in violation of subdivision 5 for
69.36 failure to register.
70.1 (c) When a local law enforcement agency notifies the bureau
70.2 of an out-of-state offender's registration, the agency shall
70.3 provide the bureau with information on whether the person is
70.4 subject to community notification in another state and the risk
70.5 level the person was assigned, if any.
70.6 (d) The bureau must forward all information it receives
70.7 regarding offenders covered under this subdivision from sources
70.8 other than the commissioner of corrections to the commissioner.
70.9 (e) When the bureau receives information directly from a
70.10 registration authority, corrections agent, or law enforcement
70.11 agency in another state that a person who may be subject to this
70.12 section is moving to Minnesota, the bureau must ask whether the
70.13 person entering the state is subject to community notification
70.14 in another state and the risk level the person has been
70.15 assigned, if any.
70.16 (f) When the bureau learns that a person subject to this
70.17 section intends to move into Minnesota from another state or has
70.18 moved into Minnesota from another state, the bureau shall notify
70.19 the law enforcement authority with jurisdiction in the area of
70.20 the person's primary address and provide all information
70.21 concerning the person that is available to the bureau.
70.22 (g) The commissioner of corrections must determine the
70.23 parole, supervised release, or conditional release status of
70.24 persons who are referred to the commissioner under this
70.25 subdivision. If the commissioner determines that a person is
70.26 subject to parole, supervised release, or conditional release in
70.27 another state and is not registered in Minnesota under the
70.28 applicable interstate compact, the commissioner shall inform the
70.29 local law enforcement agency that the person is in violation of
70.30 section 243.161. If the person is not subject to supervised
70.31 release, the commissioner shall notify the bureau and the local
70.32 law enforcement agency of the person's status.
70.33 Subd. 10. [VENUE; AGGREGATION.] (a) A violation of this
70.34 section may be prosecuted in any jurisdiction where an offense
70.35 takes place. However, the prosecutorial agency in the
70.36 jurisdiction where the person last registered a primary address
71.1 is initially responsible to review the case for prosecution.
71.2 (b) When a person commits two or more offenses in two or
71.3 more counties, the accused may be prosecuted for all of the
71.4 offenses in any county in which one of the offenses was
71.5 committed.
71.6 Subd. 11. [CERTIFIED COPIES AS EVIDENCE.] Certified copies
71.7 of predatory offender registration records are admissible as
71.8 substantive evidence when necessary to prove the commission of a
71.9 violation of this section.
71.10 [EFFECTIVE DATE.] The provisions of this section, except
71.11 for subdivision 5a, are effective the day following final
71.12 enactment, and apply to persons subject to predatory offender
71.13 registration on or after that date, except for subdivision 9,
71.14 which is effective July 1, 2004. Subdivision 5a is effective
71.15 August 1, 2004, and applies to crimes committed on or after that
71.16 date.
71.17 Sec. 2. Minnesota Statutes 2002, section 243.167, is
71.18 amended to read:
71.19 243.167 [REGISTRATION UNDER THE PREDATORY OFFENDER
71.20 REGISTRATION LAW FOR OTHER OFFENSES.]
71.21 Subdivision 1. [DEFINITION.] As used in this section,
71.22 "crime against the person" means a violation of any of the
71.23 following or a similar law of another state or of the United
71.24 States: section 609.165; 609.185; 609.19; 609.195; 609.20;
71.25 609.205; 609.221; 609.222; 609.223; 609.2231; 609.224,
71.26 subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235;
71.27 609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision
71.28 2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23,
71.29 subdivision 2; or any felony-level violation of section 609.229;
71.30 609.377; 609.749; or 624.713.
71.31 Subd. 2. [WHEN REQUIRED.] (a) In addition to the
71.32 requirements of section 243.166, a person also shall register
71.33 under section 243.166 if:
71.34 (1) the person is convicted of a crime against the person;
71.35 and
71.36 (2) the person was previously convicted of or adjudicated
72.1 delinquent for an offense listed in section 243.166, subdivision
72.2 1, paragraph (a), but was not required to register for the
72.3 offense because the registration requirements of that section
72.4 did not apply to the person at the time the offense was
72.5 committed or at the time the person was released from
72.6 imprisonment.
72.7 (b) A person who was previously required to register under
72.8 section 243.166 in any state and who has completed the
72.9 registration requirements of that section state shall again
72.10 register under section 243.166 if the person commits a crime
72.11 against the person.
72.12 [EFFECTIVE DATE.] This section is effective August 1, 2004,
72.13 and applies to crimes committed on or after that date.
72.14 Sec. 3. Minnesota Statutes 2002, section 244.05,
72.15 subdivision 7, is amended to read:
72.16 Subd. 7. [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.]
72.17 (a) Before the commissioner releases from prison any inmate
72.18 convicted under sections 609.342 to 609.345 or sentenced as a
72.19 patterned offender under section 609.108, and determined by the
72.20 commissioner to be in a high risk category, the commissioner
72.21 shall make a preliminary determination whether, in the
72.22 commissioner's opinion, a petition under section 253B.185 may be
72.23 appropriate. The commissioner's opinion must be based on a
72.24 recommendation of a Department of Corrections screening
72.25 committee and a legal review and recommendation from a
72.26 representative of the Office of the Attorney General
72.27 knowledgeable in the legal requirements of the civil commitment
72.28 process.
72.29 (b) In making this decision, the commissioner shall have
72.30 access to the following data only for the purposes of the
72.31 assessment and referral decision:
72.32 (1) private medical data under section 13.384 or 144.335,
72.33 or welfare data under section 13.46 that relate to medical
72.34 treatment of the offender;
72.35 (2) private and confidential court services data under
72.36 section 13.84;
73.1 (3) private and confidential corrections data under section
73.2 13.85; and
73.3 (4) private criminal history data under section 13.87.
73.4 (c) If the commissioner determines that a petition may be
73.5 appropriate, the commissioner shall forward this determination,
73.6 along with a summary of the reasons for the determination, to
73.7 the county attorney in the county where the inmate was convicted
73.8 no later than 12 months before the inmate's release date. If
73.9 the inmate is received for incarceration with fewer than 12
73.10 months remaining in the inmate's term of imprisonment, or if the
73.11 commissioner receives additional information less than 12 months
73.12 before release which that makes the inmate's case appropriate
73.13 for referral, the commissioner shall forward the determination
73.14 as soon as is practicable. Upon receiving the commissioner's
73.15 preliminary determination, the county attorney shall proceed in
73.16 the manner provided in section 253B.185. The commissioner shall
73.17 release to the county attorney all requested documentation
73.18 maintained by the department.
73.19 [EFFECTIVE DATE.] This section is effective the day
73.20 following final enactment.
73.21 Sec. 4. Minnesota Statutes 2002, section 244.052,
73.22 subdivision 3, is amended to read:
73.23 Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The
73.24 commissioner of corrections shall establish and administer
73.25 end-of-confinement review committees at each state correctional
73.26 facility and at each state treatment facility where predatory
73.27 offenders are confined. The committees shall assess on a
73.28 case-by-case basis the public risk posed by predatory offenders
73.29 who are about to be released from confinement.
73.30 (b) Each committee shall be a standing committee and shall
73.31 consist of the following members appointed by the commissioner:
73.32 (1) the chief executive officer or head of the correctional
73.33 or treatment facility where the offender is currently confined,
73.34 or that person's designee;
73.35 (2) a law enforcement officer;
73.36 (3) a treatment professional who is trained in the
74.1 assessment of sex offenders;
74.2 (4) a caseworker experienced in supervising sex offenders;
74.3 and
74.4 (5) a victim's services professional.
74.5 Members of the committee, other than the facility's chief
74.6 executive officer or head, shall be appointed by the
74.7 commissioner to two-year terms. The chief executive officer or
74.8 head of the facility or designee shall act as chair of the
74.9 committee and shall use the facility's staff, as needed, to
74.10 administer the committee, obtain necessary information from
74.11 outside sources, and prepare risk assessment reports on
74.12 offenders.
74.13 (c) The committee shall have access to the following data
74.14 on a predatory offender only for the purposes of its assessment
74.15 and to defend the committee's risk assessment determination upon
74.16 administrative review under this section:
74.17 (1) private medical data under section 13.384 or 144.335,
74.18 or welfare data under section 13.46 that relate to medical
74.19 treatment of the offender;
74.20 (2) private and confidential court services data under
74.21 section 13.84;
74.22 (3) private and confidential corrections data under section
74.23 13.85; and
74.24 (4) private criminal history data under section 13.87.
74.25 Data collected and maintained by the committee under this
74.26 paragraph may not be disclosed outside the committee, except as
74.27 provided under section 13.05, subdivision 3 or 4. The predatory
74.28 offender has access to data on the offender collected and
74.29 maintained by the committee, unless the data are confidential
74.30 data received under this paragraph.
74.31 (d)(i) Except as otherwise provided in item (ii), at least
74.32 90 days before a predatory offender is to be released from
74.33 confinement, the commissioner of corrections shall convene the
74.34 appropriate end-of-confinement review committee for the purpose
74.35 of assessing the risk presented by the offender and determining
74.36 the risk level to which the offender shall be assigned under
75.1 paragraph (e). The offender and the law enforcement agency that
75.2 was responsible for the charge resulting in confinement shall be
75.3 notified of the time and place of the committee's meeting. The
75.4 offender has a right to be present and be heard at the meeting.
75.5 The law enforcement agency may provide material in writing that
75.6 is relevant to the offender's risk level to the chair of the
75.7 committee. The committee shall use the risk factors described
75.8 in paragraph (g) and the risk assessment scale developed under
75.9 subdivision 2 to determine the offender's risk assessment score
75.10 and risk level. Offenders scheduled for release from
75.11 confinement shall be assessed by the committee established at
75.12 the facility from which the offender is to be released.
75.13 (ii) If an offender is received for confinement in a
75.14 facility with less than 90 days remaining in the offender's term
75.15 of confinement, the offender's risk shall be assessed at the
75.16 first regularly scheduled end of confinement review committee
75.17 that convenes after the appropriate documentation for the risk
75.18 assessment is assembled by the committee. The commissioner
75.19 shall make reasonable efforts to ensure that offender's risk is
75.20 assessed and a risk level is assigned or reassigned at least 30
75.21 days before the offender's release date.
75.22 (e) The committee shall assign to risk level I a predatory
75.23 offender whose risk assessment score indicates a low risk of
75.24 reoffense. The committee shall assign to risk level II an
75.25 offender whose risk assessment score indicates a moderate risk
75.26 of reoffense. The committee shall assign to risk level III an
75.27 offender whose risk assessment score indicates a high risk of
75.28 reoffense.
75.29 (f) Before the predatory offender is released from
75.30 confinement, the committee shall prepare a risk assessment
75.31 report which specifies the risk level to which the offender has
75.32 been assigned and the reasons underlying the committee's risk
75.33 assessment decision. The committee shall give the report to the
75.34 offender and to the law enforcement agency at least 60 days
75.35 before an offender is released from confinement. If the risk
75.36 assessment is performed under the circumstances described in
76.1 paragraph (d), item (ii), the report shall be given to the
76.2 offender and the law enforcement agency as soon as it is
76.3 available. The committee also shall inform the offender of the
76.4 availability of review under subdivision 6.
76.5 (g) As used in this subdivision, "risk factors" includes,
76.6 but is not limited to, the following factors:
76.7 (1) the seriousness of the offense should the offender
76.8 reoffend. This factor includes consideration of the following:
76.9 (i) the degree of likely force or harm;
76.10 (ii) the degree of likely physical contact; and
76.11 (iii) the age of the likely victim;
76.12 (2) the offender's prior offense history. This factor
76.13 includes consideration of the following:
76.14 (i) the relationship of prior victims to the offender;
76.15 (ii) the number of prior offenses or victims;
76.16 (iii) the duration of the offender's prior offense history;
76.17 (iv) the length of time since the offender's last prior
76.18 offense while the offender was at risk to commit offenses; and
76.19 (v) the offender's prior history of other antisocial acts;
76.20 (3) the offender's characteristics. This factor includes
76.21 consideration of the following:
76.22 (i) the offender's response to prior treatment efforts; and
76.23 (ii) the offender's history of substance abuse;
76.24 (4) the availability of community supports to the offender.
76.25 This factor includes consideration of the following:
76.26 (i) the availability and likelihood that the offender will
76.27 be involved in therapeutic treatment;
76.28 (ii) the availability of residential supports to the
76.29 offender, such as a stable and supervised living arrangement in
76.30 an appropriate location;
76.31 (iii) the offender's familial and social relationships,
76.32 including the nature and length of these relationships and the
76.33 level of support that the offender may receive from these
76.34 persons; and
76.35 (iv) the offender's lack of education or employment
76.36 stability;
77.1 (5) whether the offender has indicated or credible evidence
77.2 in the record indicates that the offender will reoffend if
77.3 released into the community; and
77.4 (6) whether the offender demonstrates a physical condition
77.5 that minimizes the risk of reoffense, including but not limited
77.6 to, advanced age or a debilitating illness or physical condition.
77.7 (h) Upon the request of the law enforcement agency or the
77.8 offender's corrections agent, the commissioner may reconvene the
77.9 end-of-confinement review committee for the purpose of
77.10 reassessing the risk level to which an offender has been
77.11 assigned under paragraph (e). In a request for a reassessment,
77.12 the law enforcement agency which was responsible for the charge
77.13 resulting in confinement or agent shall list the facts and
77.14 circumstances arising after the initial assignment or facts and
77.15 circumstances known to law enforcement or the agent but not
77.16 considered by the committee under paragraph (e) which support
77.17 the request for a reassessment. The request for reassessment by
77.18 the law enforcement agency must occur within 30 days of receipt
77.19 of the report indicating the offender's risk level assignment.
77.20 The offender's corrections agent, in consultation with the chief
77.21 law enforcement officer in the area where the offender resides
77.22 or intends to reside, may request a review of a risk level at
77.23 any time if substantial evidence exists that the offender's risk
77.24 level should be reviewed by an end-of-confinement review
77.25 committee. This evidence includes, but is not limited to,
77.26 evidence of treatment failures or completions, evidence of
77.27 exceptional crime-free community adjustment or lack of
77.28 appropriate adjustment, evidence of substantial community need
77.29 to know more about the offender or mitigating circumstances that
77.30 would narrow the proposed scope of notification, or other
77.31 practical situations articulated and based in evidence of the
77.32 offender's behavior while under supervision. Upon review of the
77.33 request, the end-of-confinement review committee may reassign an
77.34 offender to a different risk level. If the offender is
77.35 reassigned to a higher risk level, the offender has the right to
77.36 seek review of the committee's determination under subdivision 6.
78.1 (i) An offender may request the end-of-confinement review
78.2 committee to reassess the offender's assigned risk level after
78.3 three years have elapsed since the committee's initial risk
78.4 assessment and may renew the request once every two years
78.5 following subsequent denials. In a request for reassessment,
78.6 the offender shall list the facts and circumstances which
78.7 demonstrate that the offender no longer poses the same degree of
78.8 risk to the community. In order for a request for a risk level
78.9 reduction to be granted, the offender must demonstrate full
78.10 compliance with supervised release conditions, completion of
78.11 required post-release treatment programming, and full compliance
78.12 with all registration requirements as detailed in section
78.13 243.166. The offender must also not have been convicted of any
78.14 felony, gross misdemeanor, or misdemeanor offenses subsequent to
78.15 the assignment of the original risk level. The committee shall
78.16 follow the process outlined in paragraphs (a) to (c) in the
78.17 reassessment. An offender who is incarcerated may not request a
78.18 reassessment under this paragraph.
78.19 (j) Offenders returned to prison as release violators shall
78.20 not have a right to a subsequent risk reassessment by the
78.21 end-of-confinement review committee unless substantial evidence
78.22 indicates that the offender's risk to the public has increased.
78.23 (k) The commissioner shall establish an end-of-confinement
78.24 review committee to assign a risk level to offenders who are
78.25 released from a federal correctional facility in Minnesota or
78.26 another state and who intend to reside in Minnesota, and to
78.27 offenders accepted from another state under a reciprocal
78.28 agreement for parole supervision under the interstate compact
78.29 authorized by section 243.16. The committee shall make
78.30 reasonable efforts to conform to the same timelines as applied
78.31 to Minnesota cases. Offenders accepted from another state under
78.32 a reciprocal agreement for probation supervision are not
78.33 assigned a risk level, but are considered downward dispositional
78.34 departures. The probation or court services officer and law
78.35 enforcement officer shall manage such cases in accordance with
78.36 section 244.10, subdivision 2a. The policies and procedures of
79.1 the committee for federal offenders and interstate compact cases
79.2 must be in accordance with all requirements as set forth in this
79.3 section, unless restrictions caused by the nature of federal or
79.4 interstate transfers prevents such conformance.
79.5 (l) If the committee assigns a predatory offender to risk
79.6 level III, the committee shall determine whether residency
79.7 restrictions shall be included in the conditions of the
79.8 offender's release based on the offender's pattern of offending
79.9 behavior.
79.10 [EFFECTIVE DATE.] This section is effective July 1, 2004,
79.11 and applies to persons subject to community notification on or
79.12 after that date.
79.13 Sec. 5. Minnesota Statutes 2002, section 244.052, is
79.14 amended by adding a subdivision to read:
79.15 Subd. 3a. [OFFENDERS FROM OTHER STATES AND OFFENDERS
79.16 RELEASED FROM FEDERAL FACILITIES.] (a) Except as provided in
79.17 paragraph (b), the commissioner shall establish an
79.18 end-of-confinement review committee to assign a risk level:
79.19 (1) to offenders who are released from a federal
79.20 correctional facility in Minnesota or a federal correctional
79.21 facility in another state and who intend to reside in Minnesota;
79.22 (2) to offenders who are accepted from another state under
79.23 the interstate compact authorized by section 243.16 or 243.1605
79.24 or any other authorized interstate agreement; and
79.25 (3) to offenders who are referred to the committee by local
79.26 law enforcement agencies under paragraph (f).
79.27 (b) This subdivision does not require the commissioner to
79.28 convene an end-of-confinement review committee for a person
79.29 coming into Minnesota who is subject to probation under another
79.30 state's law. The probation or court services officer and law
79.31 enforcement officer shall manage such cases in accordance with
79.32 section 244.10, subdivision 2a.
79.33 (c) The committee shall make reasonable efforts to conform
79.34 to the same timelines applied to offenders released from a
79.35 Minnesota correctional facility and shall collect all relevant
79.36 information and records on offenders assessed and assigned a
80.1 risk level under this subdivision. However, for offenders who
80.2 were assigned the most serious risk level by another state, the
80.3 committee must act promptly to collect the information required
80.4 under this paragraph.
80.5 The end-of-confinement review committee must proceed in
80.6 accordance with all requirements set forth in this section and
80.7 follow all policies and procedures applied to offenders released
80.8 from a Minnesota correctional facility in reviewing information
80.9 and assessing the risk level of offenders covered by this
80.10 subdivision, unless restrictions caused by the nature of federal
80.11 or interstate transfers prevent such conformance. All of the
80.12 provisions of this section apply to offenders who are assessed
80.13 and assigned a risk level under this subdivision.
80.14 (d) If a local law enforcement agency learns or suspects
80.15 that a person who is subject to this section is living in
80.16 Minnesota and a risk level has not been assigned to the person
80.17 under this section, the law enforcement agency shall provide
80.18 this information to the Bureau of Criminal Apprehension and the
80.19 commissioner of corrections within three business days.
80.20 (e) If the commissioner receives reliable information from
80.21 a local law enforcement agency or the bureau that a person
80.22 subject to this section is living in Minnesota and a local law
80.23 enforcement agency so requests, the commissioner must determine
80.24 if the person was assigned a risk level under a law comparable
80.25 to this section. If the commissioner determines that the law is
80.26 comparable and public safety warrants, the commissioner, within
80.27 three business days of receiving a request, shall notify the
80.28 local law enforcement agency that it may, in consultation with
80.29 the department, proceed with notification under subdivision 4
80.30 based on the person's out-of-state risk level. However, if the
80.31 commissioner concludes that the offender is from a state with a
80.32 risk level assessment law that is not comparable to this
80.33 section, the extent of the notification may not exceed that of a
80.34 risk level II offender under subdivision 4, paragraph (b),
80.35 unless the requirements of paragraph (f) have been met. If an
80.36 assessment is requested from the end-of-confinement review
81.1 committee under paragraph (f), the local law enforcement agency
81.2 may continue to disclose information under subdivision 4 until
81.3 the committee assigns the person a risk level. After the
81.4 committee assigns a risk level to an offender pursuant to a
81.5 request made under paragraph (f), the information disclosed by
81.6 law enforcement shall be consistent with the risk level assigned
81.7 by the End-of-Confinement Review Committee. The commissioner of
81.8 corrections, in consultation with legal advisers, shall
81.9 determine whether the law of another state is comparable to this
81.10 section.
81.11 (f) If the local law enforcement agency wants to make a
81.12 broader disclosure than is authorized under paragraph (e), the
81.13 law enforcement agency may request that an End-of-Confinement
81.14 Review Committee assign a risk level to the offender. The local
81.15 law enforcement agency shall provide to the committee all
81.16 information concerning the offender's criminal history, the risk
81.17 the offender poses to the community, and other relevant
81.18 information. The department shall attempt to obtain other
81.19 information relevant to determining which risk level to assign
81.20 the offender. The committee shall promptly assign a risk level
81.21 to an offender referred to the committee under this paragraph.
81.22 [EFFECTIVE DATE.] This section is effective July 1, 2004,
81.23 and applies to persons subject to community notification on or
81.24 after that date.
81.25 Sec. 6. Minnesota Statutes 2002, section 244.052,
81.26 subdivision 4, is amended to read:
81.27 Subd. 4. [LAW ENFORCEMENT AGENCY; DISCLOSURE OF
81.28 INFORMATION TO PUBLIC.] (a) The law enforcement agency in the
81.29 area where the predatory offender resides, expects to reside, is
81.30 employed, or is regularly found, shall disclose to the public
81.31 any information regarding the offender contained in the report
81.32 forwarded to the agency under subdivision 3, paragraph (f), that
81.33 is relevant and necessary to protect the public and to
81.34 counteract the offender's dangerousness, consistent with the
81.35 guidelines in paragraph (b). The extent of the information
81.36 disclosed and the community to whom disclosure is made must
82.1 relate to the level of danger posed by the offender, to the
82.2 offender's pattern of offending behavior, and to the need of
82.3 community members for information to enhance their individual
82.4 and collective safety.
82.5 (b) The law enforcement agency shall employ the following
82.6 guidelines in determining the scope of disclosure made under
82.7 this subdivision:
82.8 (1) if the offender is assigned to risk level I, the agency
82.9 may maintain information regarding the offender within the
82.10 agency and may disclose it to other law enforcement agencies.
82.11 Additionally, the agency may disclose the information to any
82.12 victims of or witnesses to the offense committed by the
82.13 offender. The agency shall disclose the information to victims
82.14 of the offense committed by the offender who have requested
82.15 disclosure and to adult members of the offender's immediate
82.16 household;
82.17 (2) if the offender is assigned to risk level II, the
82.18 agency also may disclose the information to agencies and groups
82.19 that the offender is likely to encounter for the purpose of
82.20 securing those institutions and protecting individuals in their
82.21 care while they are on or near the premises of the institution.
82.22 These agencies and groups include the staff members of public
82.23 and private educational institutions, day care establishments,
82.24 and establishments and organizations that primarily serve
82.25 individuals likely to be victimized by the offender. The agency
82.26 also may disclose the information to individuals the agency
82.27 believes are likely to be victimized by the offender. The
82.28 agency's belief shall be based on the offender's pattern of
82.29 offending or victim preference as documented in the information
82.30 provided by the department of corrections or human services;
82.31 (3) if the offender is assigned to risk level III, the
82.32 agency shall disclose the information to the persons and
82.33 entities described in clauses (1) and (2) and to other members
82.34 of the community whom the offender is likely to encounter,
82.35 unless the law enforcement agency determines that public safety
82.36 would be compromised by the disclosure or that a more limited
83.1 disclosure is necessary to protect the identity of the victim.
83.2 Notwithstanding the assignment of a predatory offender to
83.3 risk level II or III, a law enforcement agency may not make the
83.4 disclosures permitted or required by clause (2) or (3), if: the
83.5 offender is placed or resides in a residential facility.
83.6 However, if an offender is placed or resides in a residential
83.7 facility, the offender and the head of the facility shall
83.8 designate the offender's likely residence upon release from the
83.9 facility and the head of the facility shall notify the
83.10 commissioner of corrections or the commissioner of human
83.11 services of the offender's likely residence at least 14 days
83.12 before the offender's scheduled release date. The commissioner
83.13 shall give this information to the law enforcement agency having
83.14 jurisdiction over the offender's likely residence. The head of
83.15 the residential facility also shall notify the commissioner of
83.16 corrections or human services within 48 hours after finalizing
83.17 the offender's approved relocation plan to a permanent
83.18 residence. Within five days after receiving this notification,
83.19 the appropriate commissioner shall give to the appropriate law
83.20 enforcement agency all relevant information the commissioner has
83.21 concerning the offender, including information on the risk
83.22 factors in the offender's history and the risk level to which
83.23 the offender was assigned. After receiving this information,
83.24 the law enforcement agency shall make the disclosures permitted
83.25 or required by clause (2) or (3), as appropriate.
83.26 (c) As used in paragraph (b), clauses (2) and (3), "likely
83.27 to encounter" means that:
83.28 (1) the organizations or community members are in a
83.29 location or in close proximity to a location where the offender
83.30 lives or is employed, or which the offender visits or is likely
83.31 to visit on a regular basis, other than the location of the
83.32 offender's outpatient treatment program; and
83.33 (2) the types of interaction which ordinarily occur at that
83.34 location and other circumstances indicate that contact with the
83.35 offender is reasonably certain.
83.36 (d) A law enforcement agency or official who discloses
84.1 information under this subdivision shall make a good faith
84.2 effort to make the notification within 14 days of receipt of a
84.3 confirmed address from the Department of Corrections indicating
84.4 that the offender will be, or has been, released from
84.5 confinement, or accepted for supervision, or has moved to a new
84.6 address and will reside at the address indicated. If a change
84.7 occurs in the release plan, this notification provision does not
84.8 require an extension of the release date.
84.9 (e) A law enforcement agency or official who discloses
84.10 information under this subdivision shall not disclose the
84.11 identity or any identifying characteristics of the victims of or
84.12 witnesses to the offender's offenses.
84.13 (f) A law enforcement agency shall continue to disclose
84.14 information on an offender as required by this subdivision for
84.15 as long as the offender is required to register under section
84.16 243.166. This requirement on a law enforcement agency to
84.17 continue to disclose information also applies to an offender who
84.18 lacks a primary address and is registering under section
84.19 243.166, subdivision 3a.
84.20 (g) A law enforcement agency that is disclosing information
84.21 on an offender assigned to risk level III to the public under
84.22 this subdivision shall inform the commissioner of corrections
84.23 what information is being disclosed and forward this information
84.24 to the commissioner within two days of the agency's
84.25 determination. The commissioner shall post this information on
84.26 the Internet as required in subdivision 4b.
84.27 (h) A city council may adopt a policy that addresses when
84.28 information disclosed under this subdivision must be presented
84.29 in languages in addition to English. The policy may address
84.30 when information must be presented orally, in writing, or both
84.31 in additional languages by the law enforcement agency disclosing
84.32 the information. The policy may provide for different
84.33 approaches based on the prevalence of non-English languages in
84.34 different neighborhoods.
84.35 [EFFECTIVE DATE.] This section is effective the day
84.36 following final enactment, and applies to persons subject to
85.1 community notification on or after that date.
85.2 Sec. 7. [REVISOR'S INSTRUCTION.]
85.3 The revisor of statutes shall change all references to
85.4 section 243.166, subdivision 1, in Minnesota Statutes to section
85.5 243.166. In addition, the revisor shall make other technical
85.6 changes necessitated by this article.
85.7 [EFFECTIVE DATE.] This section is effective the day
85.8 following final enactment.
85.9 Sec. 8. [REPEALER.]
85.10 Minnesota Statutes 2002, section 243.166, subdivisions 1
85.11 and 8, are repealed.
85.12 [EFFECTIVE DATE.] This section is effective the day
85.13 following final enactment.
85.14 ARTICLE 5
85.15 SEX OFFENDER TECHNICAL AND CONFORMING CHANGES
85.16 Section 1. Minnesota Statutes 2002, section 241.67,
85.17 subdivision 3, is amended to read:
85.18 Subd. 3. [PROGRAMS FOR ADULT OFFENDERS COMMITTED TO THE
85.19 COMMISSIONER.] (a) The commissioner shall provide for a range of
85.20 sex offender programs, including intensive sex offender
85.21 programs, within the state adult correctional facility system.
85.22 Participation in any program is subject to the rules and
85.23 regulations of the Department of Corrections. Nothing in this
85.24 section requires the commissioner to accept or retain an
85.25 offender in a program if the offender is determined by prison
85.26 professionals as unamenable to programming within the prison
85.27 system or if the offender refuses or fails to comply with the
85.28 program's requirements. Nothing in this section creates a right
85.29 of an offender to treatment.
85.30 (b) The commissioner shall provide for residential and
85.31 outpatient sex offender programming and aftercare when required
85.32 for conditional release under section 609.108 609.3459 or as a
85.33 condition of supervised release.
85.34 [EFFECTIVE DATE.] This section is effective August 1, 2004,
85.35 and applies to crimes committed on or after that date.
85.36 Sec. 2. Minnesota Statutes 2002, section 243.166,
86.1 subdivision 1, is amended to read:
86.2 Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall
86.3 register under this section if:
86.4 (1) the person was charged with or petitioned for a felony
86.5 violation of or attempt to violate any of the following, and
86.6 convicted of or adjudicated delinquent for that offense or
86.7 another offense arising out of the same set of circumstances:
86.8 (i) murder under section 609.185, clause (2); or
86.9 (ii) kidnapping under section 609.25; or
86.10 (iii) criminal sexual conduct under section 609.342;
86.11 609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
86.12 (iv) indecent exposure under section 617.23, subdivision 3;
86.13 or
86.14 (2) the person was charged with or petitioned for falsely
86.15 imprisoning a minor in violation of section 609.255, subdivision
86.16 2; soliciting a minor to engage in prostitution in violation of
86.17 section 609.322 or 609.324; soliciting a minor to engage in
86.18 sexual conduct in violation of section 609.352; using a minor in
86.19 a sexual performance in violation of section 617.246; or
86.20 possessing pornographic work involving a minor in violation of
86.21 section 617.247, and convicted of or adjudicated delinquent for
86.22 that offense or another offense arising out of the same set of
86.23 circumstances; or
86.24 (3) the person was convicted of a predatory crime as
86.25 defined in section 609.108 609.341, subdivision 25, and the
86.26 offender was sentenced as a patterned sex offender or the court
86.27 found on its own motion or that of the prosecutor that the crime
86.28 was part of a predatory pattern of behavior that had criminal
86.29 sexual conduct as its goal under section 609.3455; or
86.30 (4) the person was convicted of or adjudicated delinquent
86.31 for, including pursuant to a court martial, violating a law of
86.32 the United States, including the Uniform Code of Military
86.33 Justice, similar to the offenses described in clause (1), (2),
86.34 or (3).
86.35 (b) A person also shall register under this section if:
86.36 (1) the person was convicted of or adjudicated delinquent
87.1 in another state for an offense that would be a violation of a
87.2 law described in paragraph (a) if committed in this state;
87.3 (2) the person enters the state to reside, or to work or
87.4 attend school; and
87.5 (3) ten years have not elapsed since the person was
87.6 released from confinement or, if the person was not confined,
87.7 since the person was convicted of or adjudicated delinquent for
87.8 the offense that triggers registration, unless the person is
87.9 subject to lifetime registration, in which case the person must
87.10 register for life regardless of when the person was released
87.11 from confinement, convicted, or adjudicated delinquent.
87.12 For purposes of this paragraph:
87.13 (i) "school" includes any public or private educational
87.14 institution, including any secondary school, trade or
87.15 professional institution, or institution of higher education,
87.16 that the person is enrolled in on a full-time or part-time
87.17 basis; and
87.18 (ii) "work" includes employment that is full time or part
87.19 time for a period of time exceeding 14 days or for an aggregate
87.20 period of time exceeding 30 days during any calendar year,
87.21 whether financially compensated, volunteered, or for the purpose
87.22 of government or educational benefit.
87.23 (c) A person also shall register under this section if the
87.24 person was committed pursuant to a court commitment order under
87.25 section 253B.185 or Minnesota Statutes 1992, section 526.10, or
87.26 a similar law of another state or the United States, regardless
87.27 of whether the person was convicted of any offense.
87.28 (d) A person also shall register under this section if:
87.29 (1) the person was charged with or petitioned for a felony
87.30 violation or attempt to violate any of the offenses listed in
87.31 paragraph (a), clause (1), or a similar law of another state or
87.32 the United States, or the person was charged with or petitioned
87.33 for a violation of any of the offenses listed in paragraph (a),
87.34 clause (2), or a similar law of another state or the United
87.35 States;
87.36 (2) the person was found not guilty by reason of mental
88.1 illness or mental deficiency after a trial for that offense, or
88.2 found guilty but mentally ill after a trial for that offense, in
88.3 states with a guilty but mentally ill verdict; and
88.4 (3) the person was committed pursuant to a court commitment
88.5 order under section 253B.18 or a similar law of another state or
88.6 the United States.
88.7 [EFFECTIVE DATE.] This section is effective August 1, 2004,
88.8 and applies to crimes committed on or after that date.
88.9 Sec. 3. Minnesota Statutes 2002, section 244.05,
88.10 subdivision 1, is amended to read:
88.11 Subdivision 1. [SUPERVISED RELEASE REQUIRED.] Except as
88.12 provided in subdivisions 1b, 4, and 5, and section 244.0514,
88.13 every inmate shall serve a supervised release term upon
88.14 completion of the inmate's term of imprisonment as reduced by
88.15 any good time earned by the inmate or extended by confinement in
88.16 punitive segregation pursuant to section 244.04, subdivision 2.
88.17 Except for a sex offender conditionally released under section
88.18 609.108, subdivision 5, the supervised release term shall be
88.19 equal to the period of good time the inmate has earned, and
88.20 shall not exceed the length of time remaining in the inmate's
88.21 sentence.
88.22 [EFFECTIVE DATE.] This section is effective August 1, 2004,
88.23 and applies to crimes committed on or after that date.
88.24 Sec. 4. Minnesota Statutes 2002, section 244.05,
88.25 subdivision 3, is amended to read:
88.26 Subd. 3. [SANCTIONS FOR VIOLATION.] If an inmate violates
88.27 the conditions of the inmate's supervised release imposed by the
88.28 commissioner, the commissioner may:
88.29 (1) continue the inmate's supervised release term, with or
88.30 without modifying or enlarging the conditions imposed on the
88.31 inmate; or
88.32 (2) revoke the inmate's supervised release and reimprison
88.33 the inmate for the appropriate period of time.
88.34 The period of time for which a supervised release may be
88.35 revoked may not exceed the period of time remaining in the
88.36 inmate's sentence, except that if a sex offender is sentenced
89.1 and conditionally released under section 609.108, subdivision
89.2 5 609.3455, the period of time for which conditional release may
89.3 be revoked may not exceed the balance of the conditional release
89.4 term.
89.5 [EFFECTIVE DATE.] This section is effective August 1, 2004,
89.6 and applies to crimes committed on or after that date.
89.7 Sec. 5. Minnesota Statutes 2002, section 244.05,
89.8 subdivision 4, is amended to read:
89.9 Subd. 4. [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate
89.10 serving a mandatory life sentence under section 609.106 must not
89.11 be given supervised release under this section. An inmate
89.12 serving a mandatory life sentence under section 609.185, clause
89.13 (1), (3), (5), or (6); or 609.109, subdivision 2a, must not be
89.14 given supervised release under this section without having
89.15 served a minimum term of 30 years. An inmate serving a
89.16 mandatory life sentence under section 609.385 must not be given
89.17 supervised release under this section without having served a
89.18 minimum term of imprisonment of 17 years.
89.19 [EFFECTIVE DATE.] This section is effective August 1, 2004,
89.20 and applies to crimes committed on or after that date.
89.21 Sec. 6. Minnesota Statutes 2002, section 244.05,
89.22 subdivision 6, is amended to read:
89.23 Subd. 6. [INTENSIVE SUPERVISED RELEASE.] The commissioner
89.24 may order that an inmate be placed on intensive supervised
89.25 release for all or part of the inmate's supervised release or
89.26 parole term if the commissioner determines that the action will
89.27 further the goals described in section 244.14, subdivision 1,
89.28 clauses (2), (3), and (4). In addition, the commissioner may
89.29 order that an inmate be placed on intensive supervised release
89.30 for all of the inmate's conditional or supervised release term
89.31 if the inmate was convicted of a sex offense under sections
89.32 609.342 to 609.345 or was sentenced under the provisions of
89.33 section 609.108 609.3453. The commissioner may impose
89.34 appropriate conditions of release on the inmate including but
89.35 not limited to unannounced searches of the inmate's person,
89.36 vehicle, or premises by an intensive supervision agent;
90.1 compliance with court-ordered restitution, if any; random drug
90.2 testing; house arrest; daily curfews; frequent face-to-face
90.3 contacts with an assigned intensive supervision agent; work,
90.4 education, or treatment requirements; and electronic
90.5 surveillance. In addition, any sex offender placed on intensive
90.6 supervised release may be ordered to participate in an
90.7 appropriate sex offender program as a condition of release. If
90.8 the inmate violates the conditions of the intensive supervised
90.9 release, the commissioner shall impose sanctions as provided in
90.10 subdivision 3 and section 609.108 244.0514.
90.11 [EFFECTIVE DATE.] This section is effective August 1, 2004,
90.12 and applies to crimes committed on or after that date.
90.13 Sec. 7. Minnesota Statutes 2002, section 244.05,
90.14 subdivision 7, is amended to read:
90.15 Subd. 7. [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.]
90.16 (a) Before the commissioner releases from prison any inmate who
90.17 has ever been convicted of a felony under sections section
90.18 609.342 to, 609.343, 609.344, 609.345, or 609.3453 or sentenced
90.19 as a patterned offender under section 609.108, and determined by
90.20 the commissioner to be in a high risk category, the commissioner
90.21 shall make a preliminary determination whether, in the
90.22 commissioner's opinion, a petition under section 253B.185 may be
90.23 appropriate.
90.24 (b) In making this decision, the commissioner shall have
90.25 access to the following data only for the purposes of the
90.26 assessment and referral decision:
90.27 (1) private medical data under section 13.384 or 144.335,
90.28 or welfare data under section 13.46 that relate to medical
90.29 treatment of the offender;
90.30 (2) private and confidential court services data under
90.31 section 13.84;
90.32 (3) private and confidential corrections data under section
90.33 13.85; and
90.34 (4) private criminal history data under section 13.87.
90.35 (c) If the commissioner determines that a petition may be
90.36 appropriate, the commissioner shall forward this determination,
91.1 along with a summary of the reasons for the determination, to
91.2 the county attorney in the county where the inmate was convicted
91.3 no later than 12 months before the inmate's release date. If
91.4 the inmate is received for incarceration with fewer than 12
91.5 months remaining in the inmate's term of imprisonment, or if the
91.6 commissioner receives additional information less than 12 months
91.7 before release which makes the inmate's case appropriate for
91.8 referral, the commissioner shall forward the determination as
91.9 soon as is practicable. Upon receiving the commissioner's
91.10 preliminary determination, the county attorney shall proceed in
91.11 the manner provided in section 253B.185. The commissioner shall
91.12 release to the county attorney all requested documentation
91.13 maintained by the department.
91.14 (d) This subdivision does not apply to an inmate sentenced
91.15 to a mandatory life sentence under section 609.3455 after August
91.16 1, 2004.
91.17 [EFFECTIVE DATE.] This section is effective August 1, 2004,
91.18 and applies to crimes committed on or after that date.
91.19 Sec. 8. Minnesota Statutes 2002, section 244.195,
91.20 subdivision 1, is amended to read:
91.21 Subdivision 1. [DEFINITIONS.] (a) As used in this
91.22 subdivision, the following terms have the meanings given them.
91.23 (b) "Commissioner" means the commissioner of corrections.
91.24 (c) "Conditional release" means parole, supervised release,
91.25 conditional release as authorized by section 609.108,
91.26 subdivision 6, or 609.109, subdivision 7 609.3459, work release
91.27 as authorized by sections 241.26, 244.065, and 631.425,
91.28 probation, furlough, and any other authorized temporary release
91.29 from a correctional facility.
91.30 (d) "Court services director" means the director or
91.31 designee of a county probation agency that is not organized
91.32 under chapter 401.
91.33 (e) "Detain" means to take into actual custody, including
91.34 custody within a local correctional facility.
91.35 (f) "Local correctional facility" has the meaning given in
91.36 section 241.021, subdivision 1.
92.1 (g) "Release" means to release from actual custody.
92.2 [EFFECTIVE DATE.] This section is effective August 1, 2004,
92.3 and applies to crimes committed on or after that date.
92.4 Sec. 9. Minnesota Statutes 2002, section 253B.185,
92.5 subdivision 2, is amended to read:
92.6 Subd. 2. [TRANSFER TO CORRECTIONAL FACILITY.] (a) If a
92.7 person has been committed under this section and later is
92.8 committed to the custody of the commissioner of corrections for
92.9 any reason, including but not limited to, being sentenced for a
92.10 crime or revocation of the person's supervised release or
92.11 conditional release under section 244.05, 609.108, subdivision
92.12 6, or 609.109, subdivision 7 or 609.3459, the person shall be
92.13 transferred to a facility designated by the commissioner of
92.14 corrections without regard to the procedures provided in section
92.15 253B.18.
92.16 (b) If a person is committed under this section after a
92.17 commitment to the commissioner of corrections, the person shall
92.18 first serve the sentence in a facility designated by the
92.19 commissioner of corrections. After the person has served the
92.20 sentence, the person shall be transferred to a treatment program
92.21 designated by the commissioner of human services.
92.22 [EFFECTIVE DATE.] This section is effective August 1, 2004,
92.23 and applies to crimes committed on or after that date.
92.24 Sec. 10. Minnesota Statutes 2002, section 401.01,
92.25 subdivision 2, is amended to read:
92.26 Subd. 2. [DEFINITIONS.] (a) For the purposes of sections
92.27 401.01 to 401.16, the following terms have the meanings given
92.28 them.
92.29 (b) "CCA county" means a county that participates in the
92.30 Community Corrections Act.
92.31 (c) "Commissioner" means the commissioner of corrections or
92.32 a designee.
92.33 (d) "Conditional release" means parole, supervised release,
92.34 conditional release as authorized by section 609.108,
92.35 subdivision 6, or 609.109, subdivision 7 609.3459, work release
92.36 as authorized by sections 241.26, 244.065, and 631.425,
93.1 probation, furlough, and any other authorized temporary release
93.2 from a correctional facility.
93.3 (e) "County probation officer" means a probation officer
93.4 appointed under section 244.19.
93.5 (f) "Detain" means to take into actual custody, including
93.6 custody within a local correctional facility.
93.7 (g) "Joint board" means the board provided in section
93.8 471.59.
93.9 (h) "Local correctional facility" has the meaning given in
93.10 section 241.021, subdivision 1.
93.11 (i) "Local correctional service" means those services
93.12 authorized by and employees, officers, and agents appointed
93.13 under section 244.19, subdivision 1.
93.14 (j) "Release" means to release from actual custody.
93.15 [EFFECTIVE DATE.] This section is effective August 1, 2004,
93.16 and applies to crimes committed on or after that date.
93.17 Sec. 11. Minnesota Statutes 2002, section 609.117,
93.18 subdivision 1, is amended to read:
93.19 Subdivision 1. [UPON SENTENCING.] The court shall order an
93.20 offender to provide a biological specimen for the purpose of DNA
93.21 analysis as defined in section 299C.155 when:
93.22 (1) the court sentences a person charged with violating or
93.23 attempting to violate any of the following, and the person is
93.24 convicted of that offense or of any offense arising out of the
93.25 same set of circumstances:
93.26 (i) murder under section 609.185, 609.19, or 609.195;
93.27 (ii) manslaughter under section 609.20 or 609.205;
93.28 (iii) assault under section 609.221, 609.222, or 609.223;
93.29 (iv) robbery under section 609.24 or aggravated robbery
93.30 under section 609.245;
93.31 (v) kidnapping under section 609.25;
93.32 (vi) false imprisonment under section 609.255;
93.33 (vii) criminal sexual conduct under section 609.342,
93.34 609.343, 609.344, 609.345, or 609.3451, subdivision 3, or
93.35 609.3453;
93.36 (viii) incest under section 609.365;
94.1 (ix) burglary under section 609.582, subdivision 1; or
94.2 (x) indecent exposure under section 617.23, subdivision 3;
94.3 (2) the court sentences a person as a patterned sex
94.4 offender under section 609.108; or
94.5 (3) the juvenile court adjudicates a person a delinquent
94.6 child who is the subject of a delinquency petition for violating
94.7 or attempting to violate any of the following, and the
94.8 delinquency adjudication is based on a violation of one of those
94.9 sections or of any offense arising out of the same set of
94.10 circumstances:
94.11 (i) murder under section 609.185, 609.19, or 609.195;
94.12 (ii) manslaughter under section 609.20 or 609.205;
94.13 (iii) assault under section 609.221, 609.222, or 609.223;
94.14 (iv) robbery under section 609.24 or aggravated robbery
94.15 under section 609.245;
94.16 (v) kidnapping under section 609.25;
94.17 (vi) false imprisonment under section 609.255;
94.18 (vii) criminal sexual conduct under section 609.342,
94.19 609.343, 609.344, 609.345, or 609.3451, subdivision 3, or
94.20 609.3453;
94.21 (viii) incest under section 609.365;
94.22 (ix) burglary under section 609.582, subdivision 1; or
94.23 (x) indecent exposure under section 617.23, subdivision 3.
94.24 The biological specimen or the results of the analysis shall be
94.25 maintained by the Bureau of Criminal Apprehension as provided in
94.26 section 299C.155.
94.27 [EFFECTIVE DATE.] This section is effective August 1, 2004,
94.28 and applies to crimes committed on or after that date.
94.29 Sec. 12. Minnesota Statutes 2002, section 609.117,
94.30 subdivision 2, is amended to read:
94.31 Subd. 2. [BEFORE RELEASE.] The commissioner of corrections
94.32 or local corrections authority shall order a person to provide a
94.33 biological specimen for the purpose of DNA analysis before
94.34 completion of the person's term of imprisonment when the person
94.35 has not provided a biological specimen for the purpose of DNA
94.36 analysis and the person:
95.1 (1) is currently serving a term of imprisonment for or has
95.2 a past conviction for violating or attempting to violate any of
95.3 the following or a similar law of another state or the United
95.4 States or initially charged with violating one of the following
95.5 sections or a similar law of another state or the United States
95.6 and convicted of another offense arising out of the same set of
95.7 circumstances:
95.8 (i) murder under section 609.185, 609.19, or 609.195;
95.9 (ii) manslaughter under section 609.20 or 609.205;
95.10 (iii) assault under section 609.221, 609.222, or 609.223;
95.11 (iv) robbery under section 609.24 or aggravated robbery
95.12 under section 609.245;
95.13 (v) kidnapping under section 609.25;
95.14 (vi) false imprisonment under section 609.255;
95.15 (vii) criminal sexual conduct under section 609.342,
95.16 609.343, 609.344, 609.345, or 609.3451, subdivision 3, or
95.17 609.3453;
95.18 (viii) incest under section 609.365;
95.19 (ix) burglary under section 609.582, subdivision 1; or
95.20 (x) indecent exposure under section 617.23, subdivision 3;
95.21 or
95.22 (2) was sentenced as a patterned sex offender under section
95.23 609.108, and committed to the custody of the commissioner of
95.24 corrections; or
95.25 (3) is serving a term of imprisonment in this state under a
95.26 reciprocal agreement although convicted in another state of an
95.27 offense described in this subdivision or a similar law of the
95.28 United States or any other state. The commissioner of
95.29 corrections or local corrections authority shall forward the
95.30 sample to the Bureau of Criminal Apprehension.
95.31 [EFFECTIVE DATE.] This section is effective August 1, 2004,
95.32 and applies to crimes committed on or after that date.
95.33 Sec. 13. Minnesota Statutes 2002, section 609.1351, is
95.34 amended to read:
95.35 609.1351 [PETITION FOR CIVIL COMMITMENT.]
95.36 When a court sentences a person under section 609.108,
96.1 609.342, 609.343, 609.344, or 609.345, or 609.3453, the court
96.2 shall make a preliminary determination whether in the court's
96.3 opinion a petition under section 253B.185 may be appropriate and
96.4 include the determination as part of the sentencing order. If
96.5 the court determines that a petition may be appropriate, the
96.6 court shall forward its preliminary determination along with
96.7 supporting documentation to the county attorney.
96.8 [EFFECTIVE DATE.] This section is effective August 1, 2004,
96.9 and applies to crimes committed on or after that date.
96.10 Sec. 14. Minnesota Statutes 2002, section 609.347, is
96.11 amended to read:
96.12 609.347 [EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.]
96.13 Subdivision 1. In a prosecution under sections 609.109 or
96.14 609.342 to 609.3451 or 609.3453, the testimony of a victim need
96.15 not be corroborated.
96.16 Subd. 2. In a prosecution under sections 609.109 or
96.17 609.342 to 609.3451, or 609.3453, there is no need to show that
96.18 the victim resisted the accused.
96.19 Subd. 3. In a prosecution under sections 609.109, 609.342
96.20 to 609.3451, 609.3453, or 609.365, evidence of the victim's
96.21 previous sexual conduct shall not be admitted nor shall any
96.22 reference to such conduct be made in the presence of the jury,
96.23 except by court order under the procedure provided in
96.24 subdivision 4. The evidence can be admitted only if the
96.25 probative value of the evidence is not substantially outweighed
96.26 by its inflammatory or prejudicial nature and only in the
96.27 circumstances set out in paragraphs (a) and (b). For the
96.28 evidence to be admissible under paragraph (a), subsection (i),
96.29 the judge must find by a preponderance of the evidence that the
96.30 facts set out in the accused's offer of proof are true. For the
96.31 evidence to be admissible under paragraph (a), subsection (ii)
96.32 or paragraph (b), the judge must find that the evidence is
96.33 sufficient to support a finding that the facts set out in the
96.34 accused's offer of proof are true, as provided under Rule 901 of
96.35 the Rules of Evidence.
96.36 (a) When consent of the victim is a defense in the case,
97.1 the following evidence is admissible:
97.2 (i) evidence of the victim's previous sexual conduct
97.3 tending to establish a common scheme or plan of similar sexual
97.4 conduct under circumstances similar to the case at issue. In
97.5 order to find a common scheme or plan, the judge must find that
97.6 the victim made prior allegations of sexual assault which were
97.7 fabricated; and
97.8 (ii) evidence of the victim's previous sexual conduct with
97.9 the accused.
97.10 (b) When the prosecution's case includes evidence of semen,
97.11 pregnancy, or disease at the time of the incident or, in the
97.12 case of pregnancy, between the time of the incident and trial,
97.13 evidence of specific instances of the victim's previous sexual
97.14 conduct is admissible solely to show the source of the semen,
97.15 pregnancy, or disease.
97.16 Subd. 4. The accused may not offer evidence described in
97.17 subdivision 3 except pursuant to the following procedure:
97.18 (a) A motion shall be made by the accused at least three
97.19 business days prior to trial, unless later for good cause shown,
97.20 setting out with particularity the offer of proof of the
97.21 evidence that the accused intends to offer, relative to the
97.22 previous sexual conduct of the victim;
97.23 (b) If the court deems the offer of proof sufficient, the
97.24 court shall order a hearing out of the presence of the jury, if
97.25 any, and in such hearing shall allow the accused to make a full
97.26 presentation of the offer of proof;
97.27 (c) At the conclusion of the hearing, if the court finds
97.28 that the evidence proposed to be offered by the accused
97.29 regarding the previous sexual conduct of the victim is
97.30 admissible under subdivision 3 and that its probative value is
97.31 not substantially outweighed by its inflammatory or prejudicial
97.32 nature, the court shall make an order stating the extent to
97.33 which evidence is admissible. The accused may then offer
97.34 evidence pursuant to the order of the court;
97.35 (d) If new information is discovered after the date of the
97.36 hearing or during the course of trial, which may make evidence
98.1 described in subdivision 3 admissible, the accused may make an
98.2 offer of proof pursuant to clause (a) and the court shall order
98.3 an in camera hearing to determine whether the proposed evidence
98.4 is admissible by the standards herein.
98.5 Subd. 5. In a prosecution under sections 609.109 or
98.6 609.342 to 609.3451 or 609.3453, the court shall not instruct
98.7 the jury to the effect that:
98.8 (a) It may be inferred that a victim who has previously
98.9 consented to sexual intercourse with persons other than the
98.10 accused would be therefore more likely to consent to sexual
98.11 intercourse again; or
98.12 (b) The victim's previous or subsequent sexual conduct in
98.13 and of itself may be considered in determining the credibility
98.14 of the victim; or
98.15 (c) Criminal sexual conduct is a crime easily charged by a
98.16 victim but very difficult to disprove by an accused because of
98.17 the heinous nature of the crime; or
98.18 (d) The jury should scrutinize the testimony of the victim
98.19 any more closely than it should scrutinize the testimony of any
98.20 witness in any felony prosecution.
98.21 Subd. 6. (a) In a prosecution under sections 609.109 or
98.22 609.342 to 609.3451, or 609.3453, involving a psychotherapist
98.23 and patient, evidence of the patient's personal or medical
98.24 history is not admissible except when:
98.25 (1) the accused requests a hearing at least three business
98.26 days prior to trial and makes an offer of proof of the relevancy
98.27 of the history; and
98.28 (2) the court finds that the history is relevant and that
98.29 the probative value of the history outweighs its prejudicial
98.30 value.
98.31 (b) The court shall allow the admission only of specific
98.32 information or examples of conduct of the victim that are
98.33 determined by the court to be relevant. The court's order shall
98.34 detail the information or conduct that is admissible and no
98.35 other evidence of the history may be introduced.
98.36 (c) Violation of the terms of the order is grounds for
99.1 mistrial but does not prevent the retrial of the accused.
99.2 Subd. 7. [EFFECT OF STATUTE ON RULES.] Rule 412 of the
99.3 Rules of Evidence is superseded to the extent of its conflict
99.4 with this section.
99.5 [EFFECTIVE DATE.] This section is effective August 1, 2004,
99.6 and applies to crimes committed on or after that date.
99.7 Sec. 15. Minnesota Statutes 2002, section 609.3471, is
99.8 amended to read:
99.9 609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY
99.10 CONFIDENTIAL.]
99.11 Notwithstanding any provision of law to the contrary, no
99.12 data contained in records or reports relating to petitions,
99.13 complaints, or indictments issued pursuant to section 609.342;
99.14 609.343; 609.344; or 609.345; or 609.3453, which specifically
99.15 identifies a victim who is a minor shall be accessible to the
99.16 public, except by order of the court. Nothing in this section
99.17 authorizes denial of access to any other data contained in the
99.18 records or reports, including the identity of the defendant.
99.19 [EFFECTIVE DATE.] This section is effective August 1, 2004,
99.20 and applies to crimes committed on or after that date.
99.21 Sec. 16. Minnesota Statutes 2002, section 609.348, is
99.22 amended to read:
99.23 609.348 [MEDICAL PURPOSES; EXCLUSION.]
99.24 Sections 609.109 and 609.342 to 609.3451 and 609.3453 do
99.25 not apply to sexual penetration or sexual contact when done for
99.26 a bona fide medical purpose.
99.27 [EFFECTIVE DATE.] This section is effective August 1, 2004,
99.28 and applies to crimes committed on or after that date.
99.29 Sec. 17. Minnesota Statutes 2002, section 609.353, is
99.30 amended to read:
99.31 609.353 [JURISDICTION.]
99.32 A violation or attempted violation of section 609.342,
99.33 609.343, 609.344, 609.345, 609.3451, 609.3453, or 609.352 may be
99.34 prosecuted in any jurisdiction in which the violation originates
99.35 or terminates.
99.36 [EFFECTIVE DATE.] This section is effective August 1, 2004,
100.1 and applies to crimes committed on or after that date.
100.2 Sec. 18. Minnesota Statutes 2002, section 631.045, is
100.3 amended to read:
100.4 631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.]
100.5 At the trial of a complaint or indictment for a violation
100.6 of sections 609.109, 609.341 to 609.3451, 609.3453, or 617.246,
100.7 subdivision 2, when a minor under 18 years of age is the person
100.8 upon, with, or against whom the crime is alleged to have been
100.9 committed, the judge may exclude the public from the courtroom
100.10 during the victim's testimony or during all or part of the
100.11 remainder of the trial upon a showing that closure is necessary
100.12 to protect a witness or ensure fairness in the trial. The judge
100.13 shall give the prosecutor, defendant and members of the public
100.14 the opportunity to object to the closure before a closure order.
100.15 The judge shall specify the reasons for closure in an order
100.16 closing all or part of the trial. Upon closure the judge shall
100.17 only admit persons who have a direct interest in the case.
100.18 [EFFECTIVE DATE.] This section is effective August 1, 2004,
100.19 and applies to crimes committed on or after that date.
100.20 Sec. 19. [REVISOR INSTRUCTION.]
100.21 The revisor of statutes shall renumber Minnesota Statutes,
100.22 section 244.051, as Minnesota Statutes, section 244.0517, and
100.23 correct cross-references. The revisor of statutes also shall
100.24 renumber Minnesota Statutes, section 609.3452, as Minnesota
100.25 Statutes, section 609.3462, and correct cross-references. In
100.26 addition, the revisor shall delete the reference in Minnesota
100.27 Statutes, section 13.871, subdivision 3, paragraph (d), to
100.28 Minnesota Statutes, section 609.3452, and insert a reference to
100.29 Minnesota Statutes, section 609.3462. The revisor shall include
100.30 a notation in Minnesota Statutes to inform readers of the
100.31 statutes of the renumbering of sections 244.051 and 609.3462.
100.32 [EFFECTIVE DATE.] This section is effective August 1, 2004.
100.33 ARTICLE 6
100.34 METHAMPHETAMINE PROVISIONS
100.35 Section 1. [152.015] [GBL AND BDO.]
100.36 Gamma-butyrolactone (GBL) and 1,4-Butanediol (BDO) are not
101.1 controlled substances and are exempted from regulation under
101.2 this chapter when:
101.3 (1) intended for industrial use and not for human
101.4 consumption; or
101.5 (2) occurring in a natural concentration and not the result
101.6 of deliberate addition.
101.7 [EFFECTIVE DATE.] This section is effective August 1, 2004,
101.8 and applies to crimes committed on or after that date.
101.9 Sec. 2. Minnesota Statutes 2003 Supplement, section
101.10 152.021, subdivision 2a, is amended to read:
101.11 Subd. 2a. [METHAMPHETAMINE MANUFACTURE CRIMES CRIME;
101.12 POSSESSION OF SUBSTANCES WITH INTENT TO MANUFACTURE
101.13 METHAMPHETAMINE CRIME.] (a) Notwithstanding subdivision 1,
101.14 sections 152.022, subdivision 1, 152.023, subdivision 1, and
101.15 152.024, subdivision 1, a person is guilty of controlled
101.16 substance crime in the first degree if the person manufactures
101.17 any amount of methamphetamine.
101.18 (b) Notwithstanding paragraph (a) and section 609.17, A
101.19 person is guilty of attempted manufacture of methamphetamine a
101.20 crime if the person possesses any chemical reagents or
101.21 precursors with the intent to manufacture methamphetamine. As
101.22 used in this section, "chemical reagents or precursors" refers
101.23 to one or more includes, but is not limited to, any of the
101.24 following substances, or their salts, isomers, and salts of
101.25 isomers:
101.26 (1) ephedrine;
101.27 (2) pseudoephedrine;
101.28 (3) phenyl-2-propanone;
101.29 (4) phenylacetone;
101.30 (5) anhydrous ammonia, as defined in section 18C.005,
101.31 subdivision 1a;
101.32 (6) organic solvents;
101.33 (7) hydrochloric acid;
101.34 (8) lithium metal;
101.35 (9) sodium metal;
101.36 (10) ether;
102.1 (11) sulfuric acid;
102.2 (12) red phosphorus;
102.3 (13) iodine;
102.4 (14) sodium hydroxide;
102.5 (15) benzaldehyde;
102.6 (16) benzyl methyl ketone;
102.7 (17) benzyl cyanide;
102.8 (18) nitroethane;
102.9 (19) methylamine;
102.10 (20) phenylacetic acid;
102.11 (21) hydriodic acid; or
102.12 (22) hydriotic acid.
102.13 [EFFECTIVE DATE.] This section is effective August 1, 2004,
102.14 and applies to crimes committed on or after that date.
102.15 Sec. 3. Minnesota Statutes 2003 Supplement, section
102.16 152.021, subdivision 3, is amended to read:
102.17 Subd. 3. [PENALTY.] (a) A person convicted under
102.18 subdivisions 1 to 2a, paragraph (a), may be sentenced to
102.19 imprisonment for not more than 30 years or to payment of a fine
102.20 of not more than $1,000,000, or both; a person convicted under
102.21 subdivision 2a, paragraph (b), may be sentenced to imprisonment
102.22 for not more than three ten years or to payment of a fine of not
102.23 more than $5,000 $20,000, or both.
102.24 (b) If the conviction is a subsequent controlled substance
102.25 conviction, a person convicted under subdivisions 1 to 2a,
102.26 paragraph (a), shall be committed to the commissioner of
102.27 corrections for not less than four years nor more than 40 years
102.28 and, in addition, may be sentenced to payment of a fine of not
102.29 more than $1,000,000; a person convicted under subdivision 2a,
102.30 paragraph (b), may be sentenced to imprisonment for not more
102.31 than four 15 years or to payment of a fine of not more than
102.32 $5,000 $30,000, or both.
102.33 (c) In a prosecution under subdivision 1 involving sales by
102.34 the same person in two or more counties within a 90-day period,
102.35 the person may be prosecuted for all of the sales in any county
102.36 in which one of the sales occurred.
103.1 [EFFECTIVE DATE.] This section is effective August 1, 2004,
103.2 and applies to crimes committed on or after that date.
103.3 Sec. 4. [152.0275] [CERTAIN CONTROLLED SUBSTANCE OFFENSES;
103.4 RESTITUTION; PROHIBITIONS ON PROPERTY USE.]
103.5 Subdivision 1. [RESTITUTION.] (a) As used in this
103.6 subdivision:
103.7 (1) "clandestine lab site" means any structure or
103.8 conveyance or outdoor location occupied or affected by
103.9 conditions or chemicals, typically associated with a clandestine
103.10 drug lab operation;
103.11 (2) "emergency response" includes, but is not limited to,
103.12 removing and collecting evidence, securing the site, removal,
103.13 remediation, and hazardous chemical assessment or inspection of
103.14 the site where the relevant offense or offenses took place,
103.15 regardless of whether these actions are performed by the public
103.16 entities themselves or by private contractors paid by the public
103.17 entities, or the property owner;
103.18 (3) "remediation" means proper cleanup, treatment, or
103.19 containment of hazardous substances or methamphetamine at or in
103.20 a clandestine lab site, and may include demolition or disposal
103.21 of structures or other property when an assessment so indicates;
103.22 and
103.23 (4) "removal" means the removal from the clandestine lab
103.24 site of precursor or waste chemicals, chemical containers, or
103.25 equipment associated with the manufacture, packaging, or storage
103.26 of illegal drugs.
103.27 (b) A court shall require a person convicted of
103.28 manufacturing or attempting to manufacture a controlled
103.29 substance or of an illegal activity involving a precursor
103.30 substance, where the response to the crime involved an emergency
103.31 response, to pay restitution to all public entities and property
103.32 owners that participated in the response. The restitution
103.33 ordered must cover the reasonable costs of their participation
103.34 in the response.
103.35 (c) Notwithstanding paragraph (b), if the court finds that
103.36 the convicted person is indigent or that payment of the
104.1 restitution would create undue hardship for the convicted
104.2 person's immediate family, the court may reduce the amount of
104.3 restitution to an appropriate level.
104.4 Subd. 2. [PROPERTY-RELATED PROHIBITIONS.] (a) As used in
104.5 this subdivision:
104.6 (1) "clandestine lab site" has the meaning given in
104.7 subdivision 1, paragraph (a);
104.8 (2) "property" includes buildings and other structures, and
104.9 motor vehicles as defined in section 609.487, subdivision 2a.
104.10 Property also includes real property whether publicly or
104.11 privately owned and public waters and rights-of-way;
104.12 (3) "remediation" has the meaning given in subdivision 1,
104.13 paragraph (a); and
104.14 (4) "removal" has the meaning given in subdivision 1,
104.15 paragraph (a).
104.16 (b) A peace officer who arrests a person at a clandestine
104.17 lab site shall notify the appropriate county or local health
104.18 department, state duty officer, and child protection services of
104.19 the arrest and the location of the site.
104.20 (c) A local unit of government or local health department
104.21 or sheriff shall order that all property that has been found to
104.22 be a clandestine lab site and contaminated by substances,
104.23 chemicals, or items of any kind used in the manufacture of
104.24 methamphetamine or any part of the manufacturing process, or the
104.25 by-products or degradates of manufacturing methamphetamine be
104.26 prohibited from being occupied, rented, sold, or used until it
104.27 has been assessed and remediated as provided in the Department
104.28 of Health's clandestine drug labs general cleanup guidelines.
104.29 (d) Unless clearly inapplicable, the procedures specified
104.30 in chapter 145A and any related rules adopted under that chapter
104.31 addressing the enforcement of public health laws, the removal
104.32 and abatement of public health nuisances, and the remedies
104.33 available to property owners or occupants apply to this
104.34 subdivision.
104.35 (e) Upon the proper removal and remediation of any property
104.36 used as a clandestine lab site, the contractor shall verify that
105.1 the work was completed according to the Department of Health's
105.2 clandestine drug labs general cleanup guidelines and best
105.3 practices and that levels of contamination have been reduced to
105.4 levels set forth in the guidelines. Following this, the
105.5 applicable authority shall vacate its order issued under
105.6 paragraph (c).
105.7 (f) If the applicable authority determines under paragraph
105.8 (c) that a motor vehicle has been contaminated by substances,
105.9 chemicals, or items of any kind used in the manufacture of
105.10 methamphetamine or any part of the manufacturing process, or the
105.11 by-products or degradates of manufacturing methamphetamine and
105.12 if the authority is able to obtain the certificate of title for
105.13 the motor vehicle, the authority shall notify the registrar of
105.14 motor vehicles of this fact and in addition forward the
105.15 certificate of title to the registrar. The authority shall also
105.16 notify the registrar when it vacates its order under paragraph
105.17 (e).
105.18 [EFFECTIVE DATE.] This section is effective August 1, 2004.
105.19 Sec. 5. Minnesota Statutes 2002, section 152.135,
105.20 subdivision 2, is amended to read:
105.21 Subd. 2. [EXCEPTIONS.] (a) A drug product containing
105.22 ephedrine, its salts, optical isomers, and salts of optical
105.23 isomers is exempt from subdivision 1 if the drug product:
105.24 (1) may be lawfully sold over the counter without a
105.25 prescription under the federal Food, Drug, and Cosmetic Act,
105.26 United States Code, title 21, section 321, et seq.;
105.27 (2) is labeled and marketed in a manner consistent with the
105.28 pertinent OTC Tentative Final or Final Monograph;
105.29 (3) is manufactured and distributed for legitimate
105.30 medicinal use in a manner that reduces or eliminates the
105.31 likelihood of abuse;
105.32 (4) is not marketed, advertised, or labeled for the
105.33 indication of stimulation, mental alertness, weight loss, muscle
105.34 enhancement, appetite control, or energy; and
105.35 (5) is in solid oral dosage forms, including soft gelatin
105.36 caplets, that combine 400 milligrams of guaifenesin and 25
106.1 milligrams of ephedrine per dose, according to label
106.2 instructions; or is an anorectal preparation containing not more
106.3 than five percent ephedrine; and
106.4 (6) is sold in a manner that does not conflict with section
106.5 152.136.
106.6 (b) Subdivisions 1 and 3 shall not apply to products
106.7 containing ephedra or ma huang and lawfully marketed as dietary
106.8 supplements under federal law.
106.9 [EFFECTIVE DATE.] This section is effective August 1, 2004,
106.10 and applies to crimes committed on or after that date.
106.11 Sec. 6. [152.136] [SALES OF METHAMPHETAMINE PRECURSOR
106.12 DRUGS; REPORTING.]
106.13 Subdivision 1. [DEFINITIONS.] (a) As used in this section,
106.14 the following terms have the meanings given.
106.15 (b) "Methamphetamine precursor drug" means:
106.16 (1) a drug or product containing as its sole active
106.17 ingredient ephedrine or pseudoephedrine; or
106.18 (2) a combination drug or product containing as one of its
106.19 active ingredients ephedrine or pseudoephedrine.
106.20 (c) "Over-the-counter sale" means a retail sale of a drug
106.21 or product but does not include the sale of a drug or product
106.22 pursuant to the terms of a valid prescription.
106.23 (d) "Suspicious transaction" means the sale, distribution,
106.24 delivery, or other transfer of a substance under circumstances
106.25 that would lead a reasonable person to believe that the
106.26 substance is likely to be used to illegally manufacture a
106.27 controlled substance based on factors such as the amount of the
106.28 substance involved in the transaction, the method of payment,
106.29 the method of delivery, and any past dealings with any
106.30 participant in the transaction.
106.31 Subd. 2. [PROHIBITED CONDUCT.] (a) No person may sell in a
106.32 single over-the-counter sale more than three packages or any
106.33 combination of packages exceeding a total weight of nine grams
106.34 of a methamphetamine precursor drug or a combination of
106.35 methamphetamine precursor drugs.
106.36 (b) Over-the-counter sales of methamphetamine precursor
107.1 drugs are limited to:
107.2 (1) packages containing not more than a total of three
107.3 grams of one or more methamphetamine precursor drugs, calculated
107.4 in terms of ephedrine base and pseudoephedrine base; or
107.5 (2) for nonliquid products, sales in blister packs, where
107.6 each blister contains not more than two dosage units, or, if the
107.7 use of blister packs is not technically feasible, sales in unit
107.8 dose packets or pouches.
107.9 Subd. 3. [SUSPICIOUS TRANSACTIONS; REPORTING;
107.10 IMMUNITY.] Any person employed by a business establishment that
107.11 offers for sale methamphetamine precursor drugs who sells such a
107.12 drug to any person in a suspicious transaction shall report the
107.13 transaction to the owner, supervisor, or manager of the
107.14 establishment. The owner, supervisor, or manager may report the
107.15 transaction to local law enforcement. A person who reports
107.16 information under this subdivision in good faith is immune from
107.17 civil liability relating to the report.
107.18 Subd. 4. [EXEMPTION.] This section does not apply to
107.19 pediatric products labeled pursuant to federal regulation
107.20 primarily intended for administration to children under 12 years
107.21 of age according to label instructions.
107.22 Subd. 5. [PREEMPTION; INVALIDATION.] This section preempts
107.23 all local ordinances or regulations governing the sale by a
107.24 business establishment of over-the-counter products containing
107.25 ephedrine or pseudoephedrine. All ordinances enacted prior to
107.26 the effective date of this act are void.
107.27 [EFFECTIVE DATE.] This section is effective January 1, 2005.
107.28 Sec. 7. [152.137] [ANHYDROUS AMMONIA; PROHIBITED CONDUCT;
107.29 CRIMINAL PENALTIES; CIVIL LIABILITY.]
107.30 Subdivision 1. [DEFINITIONS.] As used in this section,
107.31 "tamper" means action taken by a person not authorized to take
107.32 that action by law or by the owner or authorized custodian of an
107.33 anhydrous ammonia container or of equipment where anhydrous
107.34 ammonia is used, stored, distributed, or transported.
107.35 Subd. 2. [PROHIBITED CONDUCT.] (a) A person may not:
107.36 (1) steal or unlawfully take or carry away any amount of
108.1 anhydrous ammonia;
108.2 (2) purchase, possess, transfer, or distribute any amount
108.3 of anhydrous ammonia, knowing, or having reason to know, that it
108.4 will be used to unlawfully manufacture a controlled substance;
108.5 (3) place, have placed, or possess anhydrous ammonia in a
108.6 container that is not designed, constructed, maintained, and
108.7 authorized to contain or transport anhydrous ammonia;
108.8 (4) transport anhydrous ammonia in a container that is not
108.9 designed, constructed, maintained, and authorized to transport
108.10 anhydrous ammonia;
108.11 (5) use, deliver, receive, sell, or transport a container
108.12 designed and constructed to contain anhydrous ammonia without
108.13 the express consent of the owner or authorized custodian of the
108.14 container; or
108.15 (6) tamper with any equipment or facility used to contain,
108.16 store, or transport anhydrous ammonia.
108.17 (b) For the purposes of this subdivision, containers
108.18 designed and constructed for the storage and transport of
108.19 anhydrous ammonia are described in rules adopted under section
108.20 18C.121, subdivision 1, or in Code of Federal Regulations, title
108.21 49.
108.22 Subd. 3. [NO CAUSE OF ACTION.] (a) Except as provided in
108.23 paragraph (b), a person tampering with anhydrous ammonia
108.24 containers or equipment under subdivision 2 shall have no cause
108.25 of action for damages arising out of the tampering against:
108.26 (1) the owner or lawful custodian of the container or
108.27 equipment;
108.28 (2) a person responsible for the installation or
108.29 maintenance of the container or equipment; or
108.30 (3) a person lawfully selling or offering for sale the
108.31 anhydrous ammonia.
108.32 (b) Paragraph (a) does not apply to a cause of action
108.33 against a person who unlawfully obtained the anhydrous ammonia
108.34 or anhydrous ammonia container or who possesses the anhydrous
108.35 ammonia or anhydrous ammonia container for any unlawful purpose.
108.36 Subd. 4. [CRIMINAL PENALTY.] A person who knowingly
109.1 violates subdivision 2 is guilty of a felony and may be
109.2 sentenced to imprisonment for not more than five years or to
109.3 payment of a fine of not more than $50,000, or both.
109.4 [EFFECTIVE DATE.] This section is effective August 1, 2004,
109.5 and applies to crimes committed on or after that date.
109.6 Sec. 8. [152.138] [METHAMPHETAMINE-RELATED CRIMES
109.7 INVOLVING CHILDREN AND VULNERABLE ADULTS.]
109.8 Subdivision 1. [DEFINITIONS.] (a) As used in this section,
109.9 the following terms have the meanings given.
109.10 (b) "Chemical substance" means a substance intended to be
109.11 used as a precursor in the manufacture of methamphetamine or any
109.12 other chemical intended to be used in the manufacture of
109.13 methamphetamine.
109.14 (c) "Child" means any person under the age of 18 years.
109.15 (d) "Methamphetamine paraphernalia" means all equipment,
109.16 products, and materials of any kind that are used, intended for
109.17 use, or designed for use in manufacturing, injecting, ingesting,
109.18 inhaling, or otherwise introducing methamphetamine into the
109.19 human body.
109.20 (e) "Methamphetamine waste products" means substances,
109.21 chemicals, or items of any kind used in the manufacture of
109.22 methamphetamine or any part of the manufacturing process, or the
109.23 by-products or degradates of manufacturing methamphetamine.
109.24 (f) "Vulnerable adult" has the meaning given in section
109.25 626.5572, subdivision 21.
109.26 Subd. 2. [PROHIBITED CONDUCT.] (a) No person may knowingly
109.27 engage in any of the following activities in the presence of a
109.28 child or vulnerable adult; in the residence of a child or a
109.29 vulnerable adult; in a building, structure, conveyance, or
109.30 outdoor location where a child or vulnerable adult might
109.31 reasonably be expected to be present; in a room offered to the
109.32 public for overnight accommodation; or in any multiple unit
109.33 residential building:
109.34 (1) manufacturing or attempting to manufacture
109.35 methamphetamine;
109.36 (2) storing any chemical substance;
110.1 (3) storing any methamphetamine waste products; or
110.2 (4) storing any methamphetamine paraphernalia.
110.3 (b) No person may knowingly cause or permit a child or
110.4 vulnerable adult to inhale, be exposed to, have contact with, or
110.5 ingest methamphetamine, a chemical substance, or methamphetamine
110.6 paraphernalia.
110.7 Subd. 3. [CRIMINAL PENALTY.] A person who violates
110.8 subdivision 2 is guilty of a felony and may be sentenced to
110.9 imprisonment for not more than five years or to payment of a
110.10 fine of not more than $10,000, or both.
110.11 Subd. 4. [MULTIPLE SENTENCES.] Notwithstanding sections
110.12 609.035 and 609.04, a prosecution for or conviction under this
110.13 section is not a bar to conviction of or punishment for any
110.14 other crime committed by the defendant as part of the same
110.15 conduct.
110.16 Subd. 5. [CONSECUTIVE SENTENCES.] Notwithstanding any
110.17 provision of the Sentencing Guidelines, the court may provide
110.18 that a sentence imposed for a violation of this section shall
110.19 run consecutively to any sentence imposed for the intended
110.20 criminal act. A decision of the court to impose consecutive
110.21 sentences under this subdivision is not a departure from the
110.22 Sentencing Guidelines.
110.23 Subd. 6. [PROTECTIVE CUSTODY.] A peace officer may take
110.24 any child present in an area where any of the activities
110.25 described in subdivision 2, paragraph (a), clauses (1) to (4),
110.26 are taking place into protective custody in accordance with
110.27 section 260C.175, subdivision 1, paragraph (b), clause (2). A
110.28 child taken into protective custody under this subdivision shall
110.29 be provided health screening to assess potential health concerns
110.30 related to methamphetamine as provided in section 260C.188. A
110.31 child not taken into protective custody under this subdivision
110.32 but who is known to have been exposed to methamphetamine shall
110.33 be offered health screening for potential health concerns
110.34 related to methamphetamine as provided in section 260C.188.
110.35 Subd. 7. [REPORTING MALTREATMENT OF VULNERABLE ADULT.] If
110.36 a vulnerable adult is present in an area where any of the
111.1 activities described in subdivision 2, paragraph (a), clauses
111.2 (1) to (4), are taking place, a peace officer or mandated
111.3 reporter who has reason to believe the vulnerable adult inhaled,
111.4 was exposed to, had contact with, or ingested methamphetamine, a
111.5 chemical substance, or methamphetamine paraphernalia shall make
111.6 a report under section 626.557, subdivision 9b.
111.7 [EFFECTIVE DATE.] This section is effective August 1, 2004,
111.8 and applies to crimes committed on or after that date.
111.9 Sec. 9. [152.185] [METHAMPHETAMINE AWARENESS AND
111.10 EDUCATIONAL ACCOUNT.]
111.11 Subdivision 1. [ACCOUNT ESTABLISHED.] The methamphetamine
111.12 awareness and educational account is a special revenue account
111.13 in the state treasury. Money in the account shall be used to
111.14 support projects relating to educating retailers and the public
111.15 on the dangers of methamphetamines and methamphetamine precursor
111.16 drugs and the laws and regulations governing their use.
111.17 Subd. 2. [CONTRIBUTIONS.] The state may accept
111.18 contributions, gifts, grants, and bequests for deposit into the
111.19 fund.
111.20 [EFFECTIVE DATE.] This section is effective August 1, 2004.
111.21 Sec. 10. Minnesota Statutes 2002, section 168A.05,
111.22 subdivision 3, is amended to read:
111.23 Subd. 3. [CONTENT OF CERTIFICATE.] Each certificate of
111.24 title issued by the department shall contain:
111.25 (1) the date issued;
111.26 (2) the first, middle, and last names, the dates of birth,
111.27 and addresses of all owners who are natural persons, the full
111.28 names and addresses of all other owners;
111.29 (3) the names and addresses of any secured parties in the
111.30 order of priority as shown on the application, or if the
111.31 application is based on a certificate of title, as shown on the
111.32 certificate, or as otherwise determined by the department;
111.33 (4) any liens filed pursuant to a court order or by a
111.34 public agency responsible for child support enforcement against
111.35 the owner;
111.36 (5) the title number assigned to the vehicle;
112.1 (6) a description of the vehicle including, so far as the
112.2 following data exists, its make, model, year, identifying
112.3 number, type of body, whether new or used, and if a new vehicle,
112.4 the date of the first sale of the vehicle for use;
112.5 (7) with respect to motor vehicles subject to the
112.6 provisions of section 325E.15, the true cumulative mileage
112.7 registered on the odometer or that the actual mileage is unknown
112.8 if the odometer reading is known by the owner to be different
112.9 from the true mileage;
112.10 (8) with respect to vehicles subject to sections 325F.6641
112.11 and 325F.6642, the appropriate term "flood damaged," "rebuilt,"
112.12 "prior salvage," or "reconstructed"; and
112.13 (9) with respect to a vehicle contaminated by
112.14 methamphetamine production, if the registrar has received the
112.15 certificate of title and notice described in section 152.0275,
112.16 subdivision 2, paragraph (f), the term "hazardous waste
112.17 contaminated vehicle"; and
112.18 (10) any other data the department prescribes.
112.19 [EFFECTIVE DATE.] This section is effective August 1, 2004.
112.20 Sec. 11. [446A.083] [METHAMPHETAMINE LABORATORY CLEANUP
112.21 REVOLVING FUND.]
112.22 Subdivision 1. [DEFINITIONS.] As used in this section:
112.23 (1) "clandestine lab site" has the meaning given in section
112.24 152.0275, subdivision 1, paragraph (a);
112.25 (2) "property" has the meaning given in section 152.0275,
112.26 subdivision 2, paragraph (a), but does not include motor
112.27 vehicles; and
112.28 (3) "remediate" has the meaning given to remediation in
112.29 section 152.0275, subdivision 1, paragraph (a).
112.30 Subd. 2. [FUND ESTABLISHED.] The authority shall establish
112.31 a methamphetamine laboratory cleanup revolving fund to provide
112.32 loans to counties and cities to remediate clandestine lab
112.33 sites. The fund must be credited with repayments.
112.34 Subd. 3. [APPLICATIONS.] Applications by a county or city
112.35 for a loan from the fund must be made to the authority on the
112.36 forms prescribed by the authority. The application must
113.1 include, but is not limited to:
113.2 (1) the amount of the loan requested and the proposed use
113.3 of the loan proceeds;
113.4 (2) the source of revenues to repay the loan; and
113.5 (3) certification by the county or city that it meets the
113.6 loan eligibility requirements of subdivision 4.
113.7 Subd. 4. [LOAN ELIGIBILITY.] A county or city is eligible
113.8 for a loan under this section if the county or city:
113.9 (1) identifies a site or sites designated by a local public
113.10 health department or law enforcement as a clandestine lab site;
113.11 (2) has required the site's property owner to remediate the
113.12 site at cost, under chapter 145A or a local public health
113.13 nuisance ordinance that addresses clandestine lab remediation;
113.14 (3) certifies that the property owner cannot pay for the
113.15 remediation immediately; and
113.16 (4) certifies that the property owner has not properly
113.17 remediated the site.
113.18 Subd. 5. [USE OF LOAN PROCEEDS; REIMBURSEMENT BY PROPERTY
113.19 OWNER.] (a) A loan recipient shall use the loan to remediate the
113.20 clandestine lab site, or if this has already been done, to
113.21 reimburse the applicable county or city fund for costs paid by
113.22 the recipient to remediate the clandestine lab site.
113.23 (b) A loan recipient shall seek reimbursement from the
113.24 owner of the property containing the clandestine lab site for
113.25 the costs of the remediation. In addition to other lawful means
113.26 of seeking reimbursement, the loan recipient may recover its
113.27 costs through a property tax assessment by following the
113.28 procedures specified in section 145A.08, subdivision 2,
113.29 paragraph (c).
113.30 Subd. 6. [AWARD AND DISBURSEMENT OF FUNDS.] The authority
113.31 shall award loans to recipients on a first-come, first-served
113.32 basis, provided that the recipient is able to comply with the
113.33 terms and conditions of the authority loan, which must be in
113.34 conformance with this section. The authority shall make a
113.35 single disbursement of the loan upon receipt of a payment
113.36 request that includes a list of remediation expenses and
114.1 evidence that a second-party sampling was undertaken to ensure
114.2 that the remediation work was successful or a guarantee that
114.3 such a sampling will be undertaken.
114.4 Subd. 7. [LOAN CONDITIONS AND TERMS.] (a) When making
114.5 loans from the revolving fund, the authority shall comply with
114.6 the criteria in paragraphs (b) to (e).
114.7 (b) Loans must be made at a two percent per annum interest
114.8 rate for terms not to exceed ten years unless the recipient
114.9 requests a 20-year term due to financial hardship.
114.10 (c) The annual principal and interest payments must begin
114.11 no later than one year after completion of the cleanup. Loans
114.12 must be amortized no later than 20 years after completion of the
114.13 cleanup.
114.14 (d) A loan recipient must identify and establish a source
114.15 of revenue for repayment of the loan and must undertake whatever
114.16 steps are necessary to collect payments within one year of
114.17 receipt of funds from the authority.
114.18 (e) The fund must be credited with all payments of
114.19 principal and interest on all loans, except the costs as
114.20 permitted under section 446A.04, subdivision 5, paragraph (a).
114.21 (f) Loans must be made only to recipients with clandestine
114.22 lab ordinances that address remediation.
114.23 Subd. 8. [AUTHORITY TO INCUR DEBT.] Counties and cities
114.24 may incur debt under this section by resolution of the board or
114.25 council authorizing issuance of a revenue bond to the authority.
114.26 [EFFECTIVE DATE.] This section is effective August 1, 2004.
114.27 Sec. 12. Minnesota Statutes 2002, section 609.1095,
114.28 subdivision 1, is amended to read:
114.29 Subdivision 1. [DEFINITIONS.] (a) As used in this section,
114.30 the following terms have the meanings given.
114.31 (b) "Conviction" means any of the following accepted and
114.32 recorded by the court: a plea of guilty, a verdict of guilty by
114.33 a jury, or a finding of guilty by the court. The term includes
114.34 a conviction by any court in Minnesota or another jurisdiction.
114.35 (c) "Prior conviction" means a conviction that occurred
114.36 before the offender committed the next felony resulting in a
115.1 conviction and before the offense for which the offender is
115.2 being sentenced under this section.
115.3 (d) "Violent crime" means a violation of or an attempt or
115.4 conspiracy to violate any of the following laws of this state or
115.5 any similar laws of the United States or any other state:
115.6 section sections 152.138; 609.165; 609.185; 609.19; 609.195;
115.7 609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228;
115.8 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662;
115.9 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268;
115.10 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1;
115.11 609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision
115.12 1e; 609.687; 609.855, subdivision 5; any provision of sections
115.13 609.229; 609.377; 609.378; 609.749; and 624.713 that is
115.14 punishable by a felony penalty; or any provision of chapter 152
115.15 that is punishable by a maximum sentence of 15 years or more.
115.16 [EFFECTIVE DATE.] This section is effective August 1, 2004,
115.17 and applies to crimes committed on or after that date.
115.18 Sec. 13. [METHAMPHETAMINE RETAIL AND CONSUMER EDUCATION
115.19 PROGRAM.]
115.20 The commissioner of public safety shall develop and
115.21 implement a program designed to inform retailers and consumers
115.22 and heighten public and business awareness of the dangers of
115.23 illicit methamphetamine production, distribution, use, and the
115.24 ready availability of methamphetamine in Minnesota.
115.25 Specifically, the commissioner, in consultation with
115.26 representatives from retail associations, shall develop (1)
115.27 training posters for retail employees to identify the products
115.28 that are commonly purchased or stolen for use in manufacturing
115.29 methamphetamine, (2) an on-line retail employee training Web
115.30 site, (3) signage, including shelf tags, stickers, and decals to
115.31 deter criminals and to educate consumers about the program and
115.32 ingredients used in manufacturing methamphetamine, (4)
115.33 guidelines for the strategic placement of precursor products in
115.34 areas that will deter theft or suspicious purchases of large
115.35 quantities, (5) brochures educating retailers and consumers
115.36 about the program, and (6) forms for retailers to report
116.1 suspicious transactions. The commissioner must also provide to
116.2 businesses information on applicable state and federal laws and
116.3 regulations relating to methamphetamine and methamphetamine
116.4 precursor drugs.
116.5 [EFFECTIVE DATE.] This section is effective July 1, 2004.
116.6 Sec. 14. [REPEALER.]
116.7 Minnesota Statutes 2002, sections 18C.005, subdivisions 1a
116.8 and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision
116.9 5, are repealed.
116.10 [EFFECTIVE DATE.] This section is effective August 1, 2004.
116.11 ARTICLE 7
116.12 GENERAL CRIMINAL PROVISIONS
116.13 Section 1. Minnesota Statutes 2002, section 169.14,
116.14 subdivision 3, is amended to read:
116.15 Subd. 3. [REDUCED SPEED REQUIRED.] (a) The driver of any
116.16 vehicle shall, consistent with the requirements, drive at an
116.17 appropriate reduced speed when approaching or passing an
116.18 authorized emergency vehicle stopped with emergency lights
116.19 flashing on any street or highway, when approaching and crossing
116.20 an intersection or railway grade crossing, when approaching and
116.21 going around a curve, when approaching a hill crest, when
116.22 traveling upon any narrow or winding roadway, and when special
116.23 hazards exist with respect to pedestrians or other traffic or by
116.24 reason of weather or highway conditions.
116.25 (b) For purposes of this subdivision, "appropriate reduced
116.26 speed" when approaching or passing an emergency vehicle stopped
116.27 on a highway with emergency lights flashing is a speed that
116.28 allows the driver to control the vehicle to the extent
116.29 necessary, up to and including stopping the vehicle, to prevent
116.30 a collision, to prevent injury to persons or property, and to
116.31 avoid interference with the performance of emergency duties by
116.32 emergency personnel.
116.33 (c) A person who fails to reduce speed appropriately when
116.34 approaching or passing an authorized emergency vehicle stopped
116.35 with emergency lights flashing on a street or highway shall be
116.36 assessed an additional surcharge equal to the amount of the fine
117.1 imposed for the speed violation, but not less than $25.
117.2 [EFFECTIVE DATE.] This section is effective August 1, 2004,
117.3 and applies to crimes committed on or after that date.
117.4 Sec. 2. Minnesota Statutes 2002, section 169.14, is
117.5 amended by adding a subdivision to read:
117.6 Subd. 3a. [DRIVER EDUCATION AND TRAINING PROGRAMS.] The
117.7 commissioner of public safety shall take all necessary steps to
117.8 ensure that persons enrolled in driver education programs
117.9 offered at public schools, and persons enrolled in driver
117.10 training programs offered at private and parochial schools and
117.11 commercial driver training schools, are instructed as to the
117.12 responsibilities of drivers when approaching emergency scenes
117.13 and stopped emergency vehicles on highways.
117.14 [EFFECTIVE DATE.] This section is effective July 1, 2004.
117.15 Sec. 3. Minnesota Statutes 2002, section 169.14, is
117.16 amended by adding a subdivision to read:
117.17 Subd. 3b. [CAUSE FOR ARREST; VIOLATION; PENALTY.] (a) A
117.18 peace officer may arrest the driver of a motor vehicle if the
117.19 peace officer has probable cause to believe that the driver has
117.20 operated the vehicle in violation of subdivision 3 at the scene
117.21 of an emergency within the past four hours.
117.22 (b) If a motor vehicle is operated in violation of
117.23 subdivision 3 at the scene of an emergency, the owner of the
117.24 vehicle or, for a leased motor vehicle, the lessee of the
117.25 vehicle, is guilty of a petty misdemeanor. The owner or lessee
117.26 may not be fined under this paragraph if (1) another person is
117.27 convicted for that violation, or (2) the motor vehicle was
117.28 stolen at the time of the violation. This paragraph does not
117.29 apply to a lessor of a motor vehicle if the lessor keeps a
117.30 record of the name and address of the lessee. This paragraph
117.31 does not prohibit or limit the prosecution of a motor vehicle
117.32 operator for violating subdivision 3.
117.33 [EFFECTIVE DATE.] This section is effective August 1, 2004,
117.34 and applies to crimes committed on or after that date.
117.35 Sec. 4. Minnesota Statutes 2002, section 171.13, is
117.36 amended by adding a subdivision to read:
118.1 Subd. 1i. [DRIVER'S MANUAL; SAFETY AT EMERGENCY
118.2 SCENE.] The commissioner shall include in each edition of the
118.3 driver's manual published by the Department of Public Safety
118.4 after July 1, 2004, a section relating to the responsibilities
118.5 of motorists when approaching an emergency or a stopped
118.6 emergency vehicle on a highway.
118.7 [EFFECTIVE DATE.] This section is effective July 1, 2004.
118.8 Sec. 5. Minnesota Statutes 2002, section 243.55,
118.9 subdivision 1, is amended to read:
118.10 Subdivision 1. Any person who brings, sends, or in any
118.11 manner causes to be introduced into any state correctional
118.12 facility or state hospital, or within or upon the grounds
118.13 belonging to or land or controlled by any such facility or
118.14 hospital, or is found in possession of any controlled substance
118.15 as defined in section 152.01, subdivision 4, or any firearms,
118.16 weapons or explosives of any kind, without the consent of the
118.17 chief executive officer thereof, shall be guilty of a felony
118.18 and, upon conviction thereof, punished by imprisonment for a
118.19 term of not more than ten years. Any person who brings, sends,
118.20 or in any manner causes to be introduced into any state
118.21 correctional facility or within or upon the grounds belonging to
118.22 or land controlled by the facility, or is found in the
118.23 possession of any intoxicating or alcoholic liquor or malt
118.24 beverage of any kind without the consent of the chief executive
118.25 officer thereof, shall be guilty of a gross misdemeanor. The
118.26 provisions of this section shall not apply to physicians
118.27 carrying drugs or introducing any of the above described liquors
118.28 into such facilities for use in the practice of their
118.29 profession; nor to sheriffs or other peace officers carrying
118.30 revolvers or firearms as such officers in the discharge of
118.31 duties.
118.32 [EFFECTIVE DATE.] This section is effective August 1, 2004,
118.33 and applies to crimes committed on or after that date.
118.34 Sec. 6. [590.10] [PRESERVATION OF EVIDENCE.]
118.35 Subdivision 1. [PRESERVATION.] Notwithstanding any other
118.36 provision of law, all appropriate governmental entities shall
119.1 retain any item of physical evidence which contains biological
119.2 material that is used to secure a conviction in a criminal case
119.3 for the period of time that any person remains incarcerated, on
119.4 probation or parole, civilly committed, or subject to
119.5 registration as a sex offender in connection with the case. The
119.6 governmental entity need retain only the portion of such
119.7 evidence as was used to obtain an accurate biological sample and
119.8 used to obtain a conviction. This requirement shall apply with
119.9 or without the filing of a petition for postconviction DNA
119.10 analysis, as well as during the pendency of proceedings under
119.11 sections 590.01. If evidence is intentionally destroyed after
119.12 the filing of a petition under sections 590.01, the court may
119.13 impose appropriate sanctions on the responsible party or parties.
119.14 Subd. 2. [DEFINITION.] For purposes of this section,
119.15 "biological evidence" means:
119.16 (1) the contents of a sexual assault examination kit; or
119.17 (2) any item that contains blood, semen, hair, saliva, skin
119.18 tissue, or other identifiable biological material, whether that
119.19 material is catalogued separately, on a slide, swab, or in a
119.20 test tube, or is present on other evidence, including, but not
119.21 limited to, clothing, ligatures, bedding or other household
119.22 material, drinking cups, cigarettes, and similar items.
119.23 [EFFECTIVE DATE.] This section is effective the day
119.24 following final enactment.
119.25 Sec. 7. Minnesota Statutes 2002, section 604.15, is
119.26 amended by adding a subdivision to read:
119.27 Subd. 5. [NOT A BAR TO CRIMINAL LIABILITY.] Civil
119.28 liability under this section does not preclude criminal
119.29 liability under applicable law.
119.30 [EFFECTIVE DATE.] This section is effective July 1, 2004,
119.31 and applies to acts committed on or after that date.
119.32 Sec. 8. Minnesota Statutes 2002, section 609.185, is
119.33 amended to read:
119.34 609.185 [MURDER IN THE FIRST DEGREE.]
119.35 (a) Whoever does any of the following is guilty of murder
119.36 in the first degree and shall be sentenced to imprisonment for
120.1 life:
120.2 (1) causes the death of a human being with premeditation
120.3 and with intent to effect the death of the person or of another;
120.4 (2) causes the death of a human being while committing or
120.5 attempting to commit criminal sexual conduct in the first or
120.6 second degree with force or violence, either upon or affecting
120.7 the person or another;
120.8 (3) causes the death of a human being with intent to effect
120.9 the death of the person or another, while committing or
120.10 attempting to commit burglary, aggravated robbery, kidnapping,
120.11 arson in the first or second degree, a drive-by shooting,
120.12 tampering with a witness in the first degree, escape from
120.13 custody, or any felony violation of chapter 152 involving the
120.14 unlawful sale of a controlled substance;
120.15 (4) causes the death of a peace officer or a guard employed
120.16 at a Minnesota state or local correctional facility, with intent
120.17 to effect the death of that person or another, while the peace
120.18 officer or guard is engaged in the performance of official
120.19 duties;
120.20 (5) causes the death of a minor while committing child
120.21 abuse, when the perpetrator has engaged in a past pattern of
120.22 child abuse upon the a child and the death occurs under
120.23 circumstances manifesting an extreme indifference to human life;
120.24 (6) causes the death of a human being while committing
120.25 domestic abuse, when the perpetrator has engaged in a past
120.26 pattern of domestic abuse upon the victim or upon another family
120.27 or household member and the death occurs under circumstances
120.28 manifesting an extreme indifference to human life; or
120.29 (7) causes the death of a human being while committing,
120.30 conspiring to commit, or attempting to commit a felony crime to
120.31 further terrorism and the death occurs under circumstances
120.32 manifesting an extreme indifference to human life.
120.33 (b) For purposes of paragraph (a), clause (5), "child abuse"
120.34 means an act committed against a minor victim that constitutes a
120.35 violation of the following laws of this state or any similar
120.36 laws of the United States or any other state: section 609.221;
121.1 609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344;
121.2 609.345; 609.377; 609.378; or 609.713.
121.3 (c) For purposes of paragraph (a), clause (6), "domestic
121.4 abuse" means an act that:
121.5 (1) constitutes a violation of section 609.221, 609.222,
121.6 609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345,
121.7 609.713, or any similar laws of the United States or any other
121.8 state; and
121.9 (2) is committed against the victim who is a family or
121.10 household member as defined in section 518B.01, subdivision 2,
121.11 paragraph (b).
121.12 (d) For purposes of paragraph (a), clause (7), "further
121.13 terrorism" has the meaning given in section 609.714, subdivision
121.14 1.
121.15 [EFFECTIVE DATE.] This section is effective the day
121.16 following final enactment and applies to crimes committed on or
121.17 after that date.
121.18 Sec. 9. Minnesota Statutes 2002, section 609.2231,
121.19 subdivision 1, is amended to read:
121.20 Subdivision 1. [PEACE OFFICERS.] Whoever physically
121.21 assaults a peace officer licensed under section 626.845,
121.22 subdivision 1, when that officer is effecting a lawful arrest or
121.23 executing any other duty imposed by law is guilty of a gross
121.24 misdemeanor and may be sentenced to imprisonment for not more
121.25 than one year or to payment of a fine of not more than $3,000,
121.26 or both. If the assault inflicts demonstrable bodily harm or
121.27 the person intentionally throws or otherwise transfers bodily
121.28 fluids or feces at or onto the officer, the person is guilty of
121.29 a felony and may be sentenced to imprisonment for not more than
121.30 three years or to payment of a fine of not more than $6,000, or
121.31 both.
121.32 [EFFECTIVE DATE.] This section is effective August 1, 2004,
121.33 and applies to crimes committed on or after that date.
121.34 Sec. 10. Minnesota Statutes 2003 Supplement, section
121.35 609.2231, subdivision 3, is amended to read:
121.36 Subd. 3. [CORRECTIONAL EMPLOYEES; PROBATION OFFICERS; SEX
122.1 OFFENDER TREATMENT PROVIDERS.] Whoever commits either of the
122.2 following acts against an employee of a correctional facility as
122.3 defined in section 241.021, subdivision 1, paragraph (f), a
122.4 probation officer or other qualified person employed in
122.5 supervising offenders, or a person who provides care or
122.6 treatment at a facility defined in section 252.025, subdivision
122.7 7, or 253B.02, subdivision 18a, while the employee person is
122.8 engaged in the performance of a duty imposed by law, policy, or
122.9 rule is guilty of a felony and may be sentenced to imprisonment
122.10 for not more than two years or to payment of a fine of not more
122.11 than $4,000, or both:
122.12 (1) assaults the employee person and inflicts demonstrable
122.13 bodily harm; or
122.14 (2) intentionally throws or otherwise transfers bodily
122.15 fluids or feces at or onto the employee person.
122.16 [EFFECTIVE DATE.] This section is effective August 1, 2004,
122.17 and applies to crimes committed on or after that date.
122.18 Sec. 11. Minnesota Statutes 2002, section 609.321,
122.19 subdivision 7, is amended to read:
122.20 Subd. 7. [PROMOTES THE PROSTITUTION OF AN INDIVIDUAL.]
122.21 "Promotes the prostitution of an individual" means any of the
122.22 following wherein the person knowingly:
122.23 (1) solicits or procures patrons for a prostitute; or
122.24 (2) provides, leases or otherwise permits premises or
122.25 facilities owned or controlled by the person to aid the
122.26 prostitution of an individual; or
122.27 (3) owns, manages, supervises, controls, keeps or operates,
122.28 either alone or with others, a place of prostitution to aid the
122.29 prostitution of an individual; or
122.30 (4) owns, manages, supervises, controls, operates,
122.31 institutes, aids or facilitates, either alone or with others, a
122.32 business of prostitution to aid the prostitution of an
122.33 individual; or
122.34 (5) admits a patron to a place of prostitution to aid the
122.35 prostitution of an individual; or
122.36 (6) transports an individual from one point within this
123.1 state to another point either within or without this state, or
123.2 brings an individual into this state to aid the prostitution of
123.3 the individual; or
123.4 (7) engages in the sex trafficking of an individual.
123.5 [EFFECTIVE DATE.] This section is effective August 1, 2004,
123.6 and applies to crimes committed on or after that date.
123.7 Sec. 12. Minnesota Statutes 2002, section 609.321, is
123.8 amended by adding a subdivision to read:
123.9 Subd. 7a. [SEX TRAFFICKING.] "Sex trafficking" means
123.10 receiving, recruiting, enticing, harboring, providing, or
123.11 obtaining by any means an individual to aid in the prostitution
123.12 of the individual.
123.13 [EFFECTIVE DATE.] This section is effective August 1, 2004,
123.14 and applies to crimes committed on or after that date.
123.15 Sec. 13. Minnesota Statutes 2002, section 609.487, is
123.16 amended by adding a subdivision to read:
123.17 Subd. 6. [FLEEING, OTHER THAN VEHICLE.] Whoever, for the
123.18 purpose of avoiding arrest, detention, or investigation, or in
123.19 order to conceal or destroy potential evidence related to the
123.20 commission of a crime, attempts to evade or elude a peace
123.21 officer, who is acting in the lawful discharge of an official
123.22 duty, by means of running, hiding, or by any other means except
123.23 fleeing in a motor vehicle, is guilty of a misdemeanor.
123.24 [EFFECTIVE DATE.] This section is effective August 1, 2004,
123.25 and applies to crimes committed on or after that date.
123.26 Sec. 14. Minnesota Statutes 2002, section 609.50,
123.27 subdivision 1, is amended to read:
123.28 Subdivision 1. [CRIME.] Whoever intentionally does any of
123.29 the following may be sentenced as provided in subdivision 2:
123.30 (1) obstructs, hinders, or prevents the lawful execution of
123.31 any legal process, civil or criminal, or apprehension of another
123.32 on a charge or conviction of a criminal offense;
123.33 (2) obstructs, resists, or interferes with a peace officer
123.34 while the officer is engaged in the performance of official
123.35 duties;
123.36 (3) interferes with or obstructs the prevention or
124.1 extinguishing of a fire, or disobeys the lawful order of a
124.2 firefighter present at the fire; or
124.3 (4) interferes with or obstructs a member of an ambulance
124.4 service personnel crew, as defined in section 144E.001,
124.5 subdivision 3a, who is providing, or attempting to provide,
124.6 emergency care; or
124.7 (5) by force or threat of force endeavors to obstruct any
124.8 employee of the Department of Revenue while the employee is
124.9 lawfully engaged in the performance of official duties for the
124.10 purpose of deterring or interfering with the performance of
124.11 those duties.
124.12 [EFFECTIVE DATE.] This section is effective August 1, 2004,
124.13 and applies to crimes committed on or after that date.
124.14 Sec. 15. Minnesota Statutes 2002, section 609.505, is
124.15 amended to read:
124.16 609.505 [FALSELY REPORTING CRIME.]
124.17 Subdivision 1. [FALSE REPORTING.] Whoever informs a law
124.18 enforcement officer that a crime has been committed or otherwise
124.19 provides false information to an on-duty peace officer regarding
124.20 the conduct of others, knowing that it is false and intending
124.21 that the officer shall act in reliance upon it, is guilty of a
124.22 misdemeanor. A person who is convicted a second or subsequent
124.23 time under this section is guilty of a gross misdemeanor.
124.24 Subd. 2. [REPORTING POLICE MISCONDUCT.] (a) Whoever
124.25 informs, or causes information to be communicated to, a public
124.26 officer, as defined in section 609.415, subdivision 1, or an
124.27 employee thereof, whose responsibilities include investigating
124.28 or reporting police misconduct, that a peace officer, as defined
124.29 in section 626.84, subdivision 1, paragraph (c), has committed
124.30 an act of police misconduct, knowing that the information is
124.31 false, is guilty of a crime and may be sentenced as follows:
124.32 (1) up to the maximum provided for a misdemeanor if the
124.33 false information does not allege a criminal act; or
124.34 (2) up to the maximum provided for a gross misdemeanor if
124.35 the false information alleges a criminal act.
124.36 (b) The court shall order any person convicted of a
125.1 violation of this subdivision to make full restitution of all
125.2 reasonable expenses incurred in the investigation of the false
125.3 allegation unless the court makes a specific written finding
125.4 that restitution would be inappropriate under the circumstances.
125.5 [EFFECTIVE DATE.] This section is effective August 1, 2004,
125.6 and applies to crimes committed on or after that date.
125.7 Sec. 16. Minnesota Statutes 2002, section 609.5315,
125.8 subdivision 1, is amended to read:
125.9 Subdivision 1. [DISPOSITION.] (a) Subject to paragraph
125.10 (b), if the court finds under section 609.5313, 609.5314, or
125.11 609.5318 that the property is subject to forfeiture, it shall
125.12 order the appropriate agency to do one of the following:
125.13 (1) unless a different disposition is provided under clause
125.14 (3) or (4), either destroy firearms, ammunition, and firearm
125.15 accessories that the agency decides not to use for law
125.16 enforcement purposes under clause (8), or sell them to federally
125.17 licensed firearms dealers, as defined in section 624.7161,
125.18 subdivision 1, and distribute the proceeds under subdivision
125.19 5 or 5b;
125.20 (2) sell property that is not required to be destroyed by
125.21 law and is not harmful to the public and distribute the proceeds
125.22 under subdivision 5 or 5b;
125.23 (3) sell antique firearms, as defined in section 624.712,
125.24 subdivision 3, to the public and distribute the proceeds under
125.25 subdivision 5 or 5b;
125.26 (4) destroy or use for law enforcement purposes
125.27 semiautomatic military-style assault weapons, as defined in
125.28 section 624.712, subdivision 7;
125.29 (5) take custody of the property and remove it for
125.30 disposition in accordance with law;
125.31 (6) forward the property to the federal drug enforcement
125.32 administration;
125.33 (7) disburse money as provided under subdivision 5 or 5b;
125.34 or
125.35 (8) keep property other than money for official use by the
125.36 agency and the prosecuting agency.
126.1 (b) Notwithstanding paragraph (a), the Hennepin or Ramsey
126.2 county sheriff may not sell firearms, ammunition, or firearms
126.3 accessories if the policy is disapproved by the applicable
126.4 county board.
126.5 [EFFECTIVE DATE.] This section is effective August 1, 2004,
126.6 and applies to crimes committed on or after that date.
126.7 Sec. 17. Minnesota Statutes 2002, section 609.5315, is
126.8 amended by adding a subdivision to read:
126.9 Subd. 5b. [DISPOSITION OF CERTAIN FORFEITED PROCEEDS;
126.10 PROSTITUTION, TRAFFICKING OFFENSES.] (a) For forfeitures
126.11 resulting from violations of section 609.322, the money or
126.12 proceeds from the sale of forfeited property, after payment of
126.13 seizure, storage, forfeiture, and sale expenses, and
126.14 satisfaction of valid liens against the property must be
126.15 distributed as follows:
126.16 (1) 40 percent of the proceeds must be forwarded to the
126.17 appropriate agency for deposit as a supplement to the agency's
126.18 operating fund or similar fund for use in law enforcement;
126.19 (2) 20 percent of the proceeds must be forwarded to the
126.20 county attorney or other prosecuting agency that handled the
126.21 forfeiture for deposit as a supplement to its operating fund or
126.22 similar fund for prosecutorial purposes; and
126.23 (3) the remaining 40 percent of the proceeds is
126.24 appropriated to the Department of Public Safety for distribution
126.25 to crime victims services organizations that provide services to
126.26 victims of prostitution or sex trafficking offenses.
126.27 (b) The commissioner of public safety must submit a report
126.28 to the legislature that describes the distribution of funds
126.29 under paragraph (a), clause (3). Beginning in 2005, the report
126.30 is due to the legislature by April 1 of each year.
126.31 [EFFECTIVE DATE.] This section is effective August 1, 2004,
126.32 and applies to crimes committed on or after that date.
126.33 Sec. 18. Minnesota Statutes 2002, section 609.746,
126.34 subdivision 1, is amended to read:
126.35 Subdivision 1. [SURREPTITIOUS INTRUSION; OBSERVATION
126.36 DEVICE.] (a) A person is guilty of a gross misdemeanor who:
127.1 (1) enters upon another's property;
127.2 (2) surreptitiously gazes, stares, or peeps in the window
127.3 or any other aperture of a house or place of dwelling of
127.4 another; and
127.5 (3) does so with intent to intrude upon or interfere with
127.6 the privacy of a member of the household.
127.7 (b) A person is guilty of a gross misdemeanor who:
127.8 (1) enters upon another's property;
127.9 (2) surreptitiously installs or uses any device for
127.10 observing, photographing, recording, amplifying, or broadcasting
127.11 sounds or events through the window or any other aperture of a
127.12 house or place of dwelling of another; and
127.13 (3) does so with intent to intrude upon or interfere with
127.14 the privacy of a member of the household.
127.15 (c) A person is guilty of a gross misdemeanor who:
127.16 (1) surreptitiously gazes, stares, or peeps in the window
127.17 or other aperture of a sleeping room in a hotel, as defined in
127.18 section 327.70, subdivision 3, a tanning booth, or other place
127.19 where a reasonable person would have an expectation of privacy
127.20 and has exposed or is likely to expose their intimate parts, as
127.21 defined in section 609.341, subdivision 5, or the clothing
127.22 covering the immediate area of the intimate parts; and
127.23 (2) does so with intent to intrude upon or interfere with
127.24 the privacy of the occupant.
127.25 (d) A person is guilty of a gross misdemeanor who:
127.26 (1) surreptitiously installs or uses any device for
127.27 observing, photographing, recording, amplifying, or broadcasting
127.28 sounds or events through the window or other aperture of a
127.29 sleeping room in a hotel, as defined in section 327.70,
127.30 subdivision 3, a tanning booth, or other place where a
127.31 reasonable person would have an expectation of privacy and has
127.32 exposed or is likely to expose their intimate parts, as defined
127.33 in section 609.341, subdivision 5, or the clothing covering the
127.34 immediate area of the intimate parts; and
127.35 (2) does so with intent to intrude upon or interfere with
127.36 the privacy of the occupant.
128.1 (e) A person is guilty of a gross misdemeanor felony and
128.2 may be sentenced to imprisonment for not more than two years or
128.3 to payment of a fine of not more than $5,000, or both, if the
128.4 person:
128.5 (1) violates this subdivision after a previous conviction
128.6 under this subdivision or section 609.749; or
128.7 (2) violates this subdivision against a minor under the age
128.8 of 16 18, knowing or having reason to know that the minor is
128.9 present.
128.10 (f) Paragraphs (b) and (d) do not apply to law enforcement
128.11 officers or corrections investigators, or to those acting under
128.12 their direction, while engaged in the performance of their
128.13 lawful duties. Paragraphs (c) and (d) do not apply to conduct
128.14 in: (1) a medical facility; or (2) a commercial establishment
128.15 if the owner of the establishment has posted conspicuous signs
128.16 warning that the premises are under surveillance by the owner or
128.17 the owner's employees.
128.18 [EFFECTIVE DATE.] This section is effective August 1, 2004,
128.19 and applies to crimes committed on or after that date.
128.20 Sec. 19. Minnesota Statutes 2002, section 609.748,
128.21 subdivision 2, is amended to read:
128.22 Subd. 2. [RESTRAINING ORDER; JURISDICTION.] A person who
128.23 is a victim of harassment may seek a restraining order from the
128.24 district court in the manner provided in this section. The
128.25 parent, stepparent, or guardian of a minor who is a victim of
128.26 harassment may seek a restraining order from the district court
128.27 on behalf of the minor.
128.28 [EFFECTIVE DATE.] This section is effective July 1, 2004.
128.29 Sec. 20. Minnesota Statutes 2002, section 609.748,
128.30 subdivision 3a, is amended to read:
128.31 Subd. 3a. [FILING FEE; COST OF SERVICE.] The filing fees
128.32 for a restraining order under this section are waived for the
128.33 petitioner if the petition alleges acts that would constitute a
128.34 violation of section 609.342; 609.343; 609.344; 609.345;
128.35 609.3451; or 609.749, subdivision 2 or 3. The court
128.36 administrator and the sheriff of any county in this state shall
129.1 perform their duties relating to service of process without
129.2 charge to the petitioner. The court shall direct payment of the
129.3 reasonable costs of service of process if served by a private
129.4 process server when the sheriff is unavailable or if service is
129.5 made by publication. The court may direct a respondent to pay
129.6 to the court administrator the petitioner's filing fees and
129.7 reasonable costs of service of process if the court determines
129.8 that the respondent has the ability to pay the petitioner's fees
129.9 and costs.
129.10 [EFFECTIVE DATE.] This section is effective July 1, 2004.
129.11 Sec. 21. Minnesota Statutes 2002, section 609.749,
129.12 subdivision 1, is amended to read:
129.13 Subdivision 1. [DEFINITION.] As used in this section,
129.14 "harass" means to engage in intentional conduct which:
129.15 (1) the actor knows or has reason to know would cause the
129.16 victim under the circumstances to feel frightened, threatened,
129.17 oppressed, persecuted, or intimidated; and
129.18 (2) causes this reaction on the part of the victim.
129.19 [EFFECTIVE DATE.] This section is effective August 1, 2004,
129.20 and applies to crimes committed on or after that date.
129.21 Sec. 22. Minnesota Statutes 2002, section 609.749,
129.22 subdivision 2, is amended to read:
129.23 Subd. 2. [HARASSMENT AND STALKING CRIMES.] (a) A person
129.24 who harasses another by committing any of the following acts is
129.25 guilty of a gross misdemeanor:
129.26 (1) directly or indirectly manifests a purpose or intent to
129.27 injure the person, property, or rights of another by the
129.28 commission of an unlawful act;
129.29 (2) stalks, follows, monitors, or pursues another, whether
129.30 in person or through technological or other means;
129.31 (3) returns to the property of another if the actor is
129.32 without claim of right to the property or consent of one with
129.33 authority to consent;
129.34 (4) repeatedly makes telephone calls, or induces a victim
129.35 to make telephone calls to the actor, whether or not
129.36 conversation ensues;
130.1 (5) makes or causes the telephone of another repeatedly or
130.2 continuously to ring;
130.3 (6) repeatedly mails or delivers or causes the delivery by
130.4 any means, including electronically, of letters, telegrams,
130.5 messages, packages, or other objects; or
130.6 (7) knowingly makes false allegations against a peace
130.7 officer concerning the officer's performance of official duties
130.8 with intent to influence or tamper with the officer's
130.9 performance of official duties.
130.10 (b) The conduct described in paragraph (a), clauses (4) and
130.11 (5), may be prosecuted at the place where any call is either
130.12 made or received. The conduct described in paragraph (a),
130.13 clause (6), may be prosecuted where any letter, telegram,
130.14 message, package, or other object is either sent or received.
130.15 (c) A peace officer may not make a warrantless, custodial
130.16 arrest of any person for a violation of paragraph (a), clause
130.17 (7).
130.18 [EFFECTIVE DATE.] This section is effective August 1, 2004,
130.19 and applies to crimes committed on or after that date.
130.20 ARTICLE 8
130.21 COURT POLICY AND PUBLIC DEFENSE
130.22 Section 1. Minnesota Statutes 2002, section 2.722,
130.23 subdivision 1, is amended to read:
130.24 Subdivision 1. [DESCRIPTION.] Effective July 1, 1959, the
130.25 state is divided into ten judicial districts composed of the
130.26 following named counties, respectively, in each of which
130.27 districts judges shall be chosen as hereinafter specified:
130.28 1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and
130.29 Sibley; 33 35 judges; and four permanent chambers shall be
130.30 maintained in Red Wing, Hastings, Shakopee, and Glencoe and one
130.31 other shall be maintained at the place designated by the chief
130.32 judge of the district;
130.33 2. Ramsey; 26 judges;
130.34 3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele,
130.35 Waseca, Freeborn, Mower, and Fillmore; 23 judges; and permanent
130.36 chambers shall be maintained in Faribault, Albert Lea, Austin,
131.1 Rochester, and Winona;
131.2 4. Hennepin; 60 62 judges;
131.3 5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet,
131.4 Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault,
131.5 Martin, and Jackson; 16 judges; and permanent chambers shall be
131.6 maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato;
131.7 6. Carlton, St. Louis, Lake, and Cook; 15 judges;
131.8 7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail,
131.9 Stearns, Todd, Clay, Becker, and Wadena; 25 27 judges; and
131.10 permanent chambers shall be maintained in Moorhead, Fergus
131.11 Falls, Little Falls, and St. Cloud;
131.12 8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville,
131.13 Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens,
131.14 Traverse, and Wilkin; 11 judges; and permanent chambers shall be
131.15 maintained in Morris, Montevideo, and Willmar;
131.16 9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau,
131.17 Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard,
131.18 Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching;
131.19 22 24 judges; and permanent chambers shall be maintained in
131.20 Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids,
131.21 and International Falls; and
131.22 10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine,
131.23 Chisago, and Washington; 41 judges; and permanent chambers shall
131.24 be maintained in Anoka, Stillwater, and other places designated
131.25 by the chief judge of the district.
131.26 [EFFECTIVE DATE.] This section is effective January 1, 2005.
131.27 Sec. 2. Minnesota Statutes 2002, section 2.724,
131.28 subdivision 3, is amended to read:
131.29 Subd. 3. [RETIRED JUSTICES AND, JUDGES, AND
131.30 COMMISSIONERS.] (a) The chief justice of the Supreme Court may
131.31 assign a retired justice of the Supreme Court to act as a
131.32 justice of the Supreme Court pursuant to subdivision 2 or as a
131.33 judge of any other court. The chief justice may assign a
131.34 retired judge of any court to act as a judge of any court except
131.35 the Supreme Court. The chief justice may assign a retired court
131.36 commissioner to act as a commissioner of any district court.
132.1 The chief justice of the Supreme Court shall determine the pay
132.2 and expenses to be received by a judge or commissioner acting
132.3 pursuant to this paragraph.
132.4 (b) A judge who has been elected to office and who has
132.5 retired as a judge in good standing and is not practicing law
132.6 may also be appointed to serve as judge of any court except the
132.7 Supreme Court. A retired judge acting under this paragraph will
132.8 receive pay and expenses in the amount established by the
132.9 Supreme Court.
132.10 (c) A commissioner who has retired as a commissioner in
132.11 good standing and is not practicing law may also be appointed to
132.12 serve as commissioner of any court except the Supreme Court or
132.13 Court of Appeals. A retired commissioner acting under this
132.14 paragraph will receive pay and expenses in the amount
132.15 established by the Supreme Court.
132.16 [EFFECTIVE DATE.] This section is effective July 1, 2004.
132.17 Sec. 3. Minnesota Statutes 2002, section 260C.163,
132.18 subdivision 3, is amended to read:
132.19 Subd. 3. [APPOINTMENT OF COUNSEL.] (a) The child, parent,
132.20 guardian or custodian has the right to effective assistance of
132.21 counsel in connection with a proceeding in juvenile court.
132.22 (b) Except in proceedings where the sole basis for the
132.23 petition is habitual truancy, if the child, parent, guardian, or
132.24 custodian desires counsel but is unable to employ it, the court
132.25 shall appoint counsel to represent the child who is ten years of
132.26 age or older or the parents or guardian in any case in which it
132.27 feels that such an appointment is appropriate. In the case of a
132.28 child who is ten years of age or older, the counsel appointed
132.29 shall be the district public defender. Appointed counsel for a
132.30 parent, guardian, or custodian must not be the district public
132.31 defender. Appointed counsel for a parent, guardian, or
132.32 custodian must be paid for by the county in which the petition
132.33 originates.
132.34 (c) In any proceeding where the sole basis for the petition
132.35 is habitual truancy, the child, parent, guardian, and custodian
132.36 do not have the right to appointment of a public defender or
133.1 other counsel at public expense. However, before any
133.2 out-of-home placement, including foster care or inpatient
133.3 treatment, can be ordered, the court must appoint a public
133.4 defender or other counsel at public expense in accordance with
133.5 paragraph (b).
133.6 (d) Counsel for the child shall not also act as the child's
133.7 guardian ad litem.
133.8 (e) In any proceeding where the subject of a petition for a
133.9 child in need of protection or services is not represented by an
133.10 attorney, the court shall determine the child's preferences
133.11 regarding the proceedings, if the child is of suitable age to
133.12 express a preference.
133.13 [EFFECTIVE DATE.] This section is effective July 1, 2004.
133.14 Sec. 4. Minnesota Statutes 2003 Supplement, section
133.15 270A.03, subdivision 5, is amended to read:
133.16 Subd. 5. [DEBT.] "Debt" means a legal obligation of a
133.17 natural person to pay a fixed and certain amount of money, which
133.18 equals or exceeds $25 and which is due and payable to a claimant
133.19 agency. The term includes criminal fines imposed under section
133.20 609.10 or 609.125 and restitution. The term also includes the
133.21 co-payment for the appointment of a district public defender
133.22 imposed under section 611.17, paragraph (c). A debt may arise
133.23 under a contractual or statutory obligation, a court order, or
133.24 other legal obligation, but need not have been reduced to
133.25 judgment.
133.26 A debt includes any legal obligation of a current recipient
133.27 of assistance which is based on overpayment of an assistance
133.28 grant where that payment is based on a client waiver or an
133.29 administrative or judicial finding of an intentional program
133.30 violation; or where the debt is owed to a program wherein the
133.31 debtor is not a client at the time notification is provided to
133.32 initiate recovery under this chapter and the debtor is not a
133.33 current recipient of food support, transitional child care, or
133.34 transitional medical assistance.
133.35 A debt does not include any legal obligation to pay a
133.36 claimant agency for medical care, including hospitalization if
134.1 the income of the debtor at the time when the medical care was
134.2 rendered does not exceed the following amount:
134.3 (1) for an unmarried debtor, an income of $8,800 or less;
134.4 (2) for a debtor with one dependent, an income of $11,270
134.5 or less;
134.6 (3) for a debtor with two dependents, an income of $13,330
134.7 or less;
134.8 (4) for a debtor with three dependents, an income of
134.9 $15,120 or less;
134.10 (5) for a debtor with four dependents, an income of $15,950
134.11 or less; and
134.12 (6) for a debtor with five or more dependents, an income of
134.13 $16,630 or less.
134.14 The income amounts in this subdivision shall be adjusted
134.15 for inflation for debts incurred in calendar years 2001 and
134.16 thereafter. The dollar amount of each income level that applied
134.17 to debts incurred in the prior year shall be increased in the
134.18 same manner as provided in section 1(f) of the Internal Revenue
134.19 Code of 1986, as amended through December 31, 2000, except that
134.20 for the purposes of this subdivision the percentage increase
134.21 shall be determined from the year starting September 1, 1999,
134.22 and ending August 31, 2000, as the base year for adjusting for
134.23 inflation for debts incurred after December 31, 2000.
134.24 Debt also includes an agreement to pay a MinnesotaCare
134.25 premium, regardless of the dollar amount of the premium
134.26 authorized under section 256L.15, subdivision 1a.
134.27 [EFFECTIVE DATE.] This section is effective July 1, 2004.
134.28 Sec. 5. Minnesota Statutes 2003 Supplement, section
134.29 357.021, subdivision 6, is amended to read:
134.30 Subd. 6. [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.]
134.31 (a) The court shall impose and the court administrator shall
134.32 collect a $60 surcharge on every person convicted of any felony,
134.33 gross misdemeanor, misdemeanor, or petty misdemeanor offense,
134.34 other than a violation of a law or ordinance relating to vehicle
134.35 parking, for which there shall be a $3 surcharge. In the Second
134.36 Judicial District, the court shall impose, and the court
135.1 administrator shall collect, an additional $1 surcharge on every
135.2 person convicted of any felony, gross misdemeanor, or petty
135.3 misdemeanor offense, including a violation of a law or ordinance
135.4 relating to vehicle parking, if the Ramsey County Board of
135.5 Commissioners authorizes the $1 surcharge. The surcharge shall
135.6 be imposed whether or not the person is sentenced to
135.7 imprisonment or the sentence is stayed.
135.8 (b) If the court fails to impose a surcharge as required by
135.9 this subdivision, the court administrator shall show the
135.10 imposition of the surcharge, collect the surcharge and correct
135.11 the record.
135.12 (c) The court may not waive payment of the surcharge
135.13 required under this subdivision. Upon a showing of indigency or
135.14 undue hardship upon the convicted person or the convicted
135.15 person's immediate family, the sentencing court may authorize
135.16 payment of the surcharge in installments.
135.17 (d) The court administrator or other entity collecting a
135.18 surcharge shall forward it to the commissioner of finance.
135.19 (e) If the convicted person is sentenced to imprisonment
135.20 and has not paid the surcharge before the term of imprisonment
135.21 begins, the chief executive officer of the correctional facility
135.22 in which the convicted person is incarcerated shall collect the
135.23 surcharge from any earnings the inmate accrues from work
135.24 performed in the facility or while on conditional release. The
135.25 chief executive officer shall forward the amount collected to
135.26 the commissioner of finance.
135.27 [EFFECTIVE DATE.] This section is effective either the day
135.28 after the governing body of Ramsey County authorizes imposition
135.29 of the surcharge, or July 1, 2004, whichever is the later date,
135.30 and applies to convictions on or after the effective date.
135.31 Sec. 6. Minnesota Statutes 2003 Supplement, section
135.32 357.021, subdivision 7, is amended to read:
135.33 Subd. 7. [DISBURSEMENT OF SURCHARGES BY COMMISSIONER OF
135.34 FINANCE.] (a) Except as provided in paragraphs (b) and, (c), and
135.35 (d), the commissioner of finance shall disburse surcharges
135.36 received under subdivision 6 and section 97A.065, subdivision 2,
136.1 as follows:
136.2 (1) one percent shall be credited to the game and fish fund
136.3 to provide peace officer training for employees of the
136.4 Department of Natural Resources who are licensed under sections
136.5 626.84 to 626.863, and who possess peace officer authority for
136.6 the purpose of enforcing game and fish laws;
136.7 (2) 39 percent shall be credited to the peace officers
136.8 training account in the special revenue fund; and
136.9 (3) 60 percent shall be credited to the general fund.
136.10 (b) The commissioner of finance shall credit $3 of each
136.11 surcharge received under subdivision 6 and section 97A.065,
136.12 subdivision 2, to the general fund.
136.13 (c) In addition to any amounts credited under paragraph
136.14 (a), the commissioner of finance shall credit $32 of each
136.15 surcharge received under subdivision 6 and section 97A.065,
136.16 subdivision 2, and the $3 parking surcharge, to the general fund.
136.17 (d) If the Ramsey County Board of Commissioners authorizes
136.18 imposition of the additional $1 surcharge provided for in
136.19 subdivision 6, paragraph (a), the court administrator in the
136.20 Second Judicial District shall transmit the surcharge to the
136.21 commissioner of finance who shall credit the surcharge to the
136.22 general fund.
136.23 [EFFECTIVE DATE.] This section is effective either the day
136.24 after the governing body of Ramsey County authorizes imposition
136.25 of the surcharge, or July 1, 2004, whichever is the later date,
136.26 and applies to convictions on or after the effective date.
136.27 Sec. 7. Minnesota Statutes 2002, section 489.01, is
136.28 amended by adding a subdivision to read:
136.29 Subd. 4. [COURT COMMISSIONER RETIREMENT.] Upon retirement
136.30 of a court commissioner, the retired commissioner may be
136.31 appointed pursuant to section 2.724 and assigned to aid and
136.32 assist in the performance of such duties as may be assigned by
136.33 the chief judge of the district and act thereon with full powers
136.34 of a commissioner as provided in section 489.02.
136.35 [EFFECTIVE DATE.] This section is effective July 1, 2004.
136.36 Sec. 8. [545A.01] [APPEAL OF PRETRIAL ORDERS; ATTORNEY
137.1 FEES; DEFENDANT; NOT GOVERNMENT RESPONSIBILITY.]
137.2 (a) Notwithstanding Rule 28.04, subdivision 2, clause (6),
137.3 of the Rules of Criminal Procedure, the government unit is not
137.4 required to pay the attorney fees and costs incurred by the
137.5 defendant on the unit's appeal of the following:
137.6 (1) in any case, from a pretrial order of the trial court;
137.7 (2) in felony cases, from any sentence imposed or stayed by
137.8 the trial court;
137.9 (3) in any case, from an order granting postconviction
137.10 relief;
137.11 (4) in any case, from a judgment of acquittal by the trial
137.12 court entered after the jury returns a verdict of guilty under
137.13 Rule 26.03, subdivision 17(2) or (3), of the Rules of Criminal
137.14 Procedure; and
137.15 (5) in any case, from an order of the trial court vacating
137.16 judgment and dismissing the case made after the jury returns a
137.17 verdict of guilty under Rule 26.04, subdivision 2, of the Rules
137.18 of Criminal Procedure.
137.19 (b) Paragraph (a) does not apply if the defendant is
137.20 represented by the public defender in this matter.
137.21 [EFFECTIVE DATE.] This section is effective July 1, 2004.
137.22 Sec. 9. Minnesota Statutes 2003 Supplement, section
137.23 611.14, is amended to read:
137.24 611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.]
137.25 The following persons who are financially unable to obtain
137.26 counsel are entitled to be represented by a public defender:
137.27 (1) a person charged with a felony, gross misdemeanor, or
137.28 misdemeanor including a person charged under sections 629.01 to
137.29 629.29;
137.30 (2) a person appealing from a conviction of a felony or
137.31 gross misdemeanor, or a person convicted of a felony or gross
137.32 misdemeanor, who is pursuing a postconviction proceeding and who
137.33 has not already had a direct appeal of the conviction, but if
137.34 the person pled guilty and received a presumptive sentence or a
137.35 downward departure in sentence, and the state public defender
137.36 reviewed the person's case and determined that there was no
138.1 basis for an appeal of the conviction or of the sentence, then
138.2 the state public defender may decline to represent the person in
138.3 a postconviction remedy case;
138.4 (3) a person who is entitled to be represented by counsel
138.5 under section 609.14, subdivision 2; or
138.6 (4) a minor ten years of age or older who is entitled to be
138.7 represented by counsel under section 260B.163, subdivision 4, or
138.8 260C.163, subdivision 3.
138.9 The Board of Public Defense must not provide or pay for
138.10 public defender services to persons other than those entitled to
138.11 representation under this section.
138.12 [EFFECTIVE DATE.] This section is effective July 1, 2004.
138.13 Sec. 10. Minnesota Statutes 2002, section 611.16, is
138.14 amended to read:
138.15 611.16 [REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.]
138.16 Any person described in section 611.14 or any other person
138.17 entitled by law to representation by counsel, may at any time
138.18 request the court in which the matter is pending, or the court
138.19 in which the conviction occurred, to appoint a public defender
138.20 to represent the person. In a proceeding defined by clause (2)
138.21 of section 611.14, application for the appointment of a public
138.22 defender may also be made to a judge of the Supreme Court.
138.23 [EFFECTIVE DATE.] This section is effective July 1, 2004,
138.24 and applies to crimes committed on or after that date.
138.25 Sec. 11. Minnesota Statutes 2003 Supplement, section
138.26 611.17, subdivision 1, is amended to read:
138.27 Subdivision 1. [STANDARDS FOR DISTRICT PUBLIC DEFENSE
138.28 ELIGIBILITY.] (a) Each judicial district must screen requests
138.29 for representation by the district public defender. A defendant
138.30 is financially unable to obtain counsel if:
138.31 (1) the defendant, or any dependent of the defendant who
138.32 resides in the same household as the defendant, receives
138.33 means-tested governmental benefits; or
138.34 (2) the defendant, through any combination of liquid assets
138.35 and current income, would be unable to pay the reasonable costs
138.36 charged by private counsel in that judicial district for a
139.1 defense of the same matter.
139.2 (b) Upon a request for the appointment of counsel, the
139.3 court shall make appropriate inquiry into the financial
139.4 circumstances of the applicant, who shall submit a financial
139.5 statement under oath or affirmation setting forth the
139.6 applicant's assets and liabilities, including the value of any
139.7 real property owned by the applicant, whether homestead or
139.8 otherwise, less the amount of any encumbrances on the real
139.9 property, the source or sources of income, and any other
139.10 information required by the court. The applicant shall be under
139.11 a continuing duty while represented by a public defender to
139.12 disclose any changes in the applicant's financial circumstances
139.13 that might be relevant to the applicant's eligibility for a
139.14 public defender. The state public defender shall furnish
139.15 appropriate forms for the financial statements. The forms must
139.16 contain conspicuous notice of the applicant's continuing duty to
139.17 disclose to the court changes in the applicant's financial
139.18 circumstances. The forms must also contain conspicuous notice
139.19 of the applicant's obligation to make a co-payment for the
139.20 services of the district public defender, as specified under
139.21 paragraph (c). The information contained in the statement shall
139.22 be confidential and for the exclusive use of the court and the
139.23 public defender appointed by the court to represent the
139.24 applicant except for any prosecution under section 609.48. A
139.25 refusal to execute the financial statement or produce financial
139.26 records constitutes a waiver of the right to the appointment of
139.27 a public defender. The court shall not appoint a district
139.28 public defender to a defendant who is financially able to retain
139.29 private counsel but refuses to do so.
139.30 An inquiry to determine financial eligibility of a
139.31 defendant for the appointment of the district public defender
139.32 shall be made whenever possible prior to the court appearance
139.33 and by such persons as the court may direct. This inquiry may
139.34 be combined with the prerelease investigation provided for in
139.35 Minnesota Rule of Criminal Procedure 6.02, subdivision 3. In no
139.36 case shall the district public defender be required to perform
140.1 this inquiry or investigate the defendant's assets or
140.2 eligibility. The court has the sole duty to conduct a financial
140.3 inquiry. The inquiry must include the following:
140.4 (1) the liquidity of real estate assets, including the
140.5 defendant's homestead;
140.6 (2) any assets that can be readily converted to cash or
140.7 used to secure a debt;
140.8 (3) the determination of whether the transfer of an asset
140.9 is voidable as a fraudulent conveyance; and
140.10 (4) the value of all property transfers occurring on or
140.11 after the date of the alleged offense. The burden is on the
140.12 accused to show that he or she is financially unable to afford
140.13 counsel. Defendants who fail to provide information necessary
140.14 to determine eligibility shall be deemed ineligible. The court
140.15 must not appoint the district public defender as advisory
140.16 counsel.
140.17 (c) Upon appointment of the public defender disposition of
140.18 the case, an individual who receives has received public
140.19 defender services shall be obligated to pay to the court a
140.20 co-payment for representation provided by a public defender,
140.21 unless the co-payment is, or has been, waived by the court. The
140.22 co-payment shall be according to the following schedule:
140.23 (1) if the person was charged with a felony, $200;
140.24 (2) if the person was charged with a gross misdemeanor,
140.25 $100; or
140.26 (3) if the person was charged with a misdemeanor, $50.
140.27 If the person is a child and was appointed counsel under
140.28 the provisions of section 260B.163, subdivision 4, the parents
140.29 of the child shall pay to the court a co-payment of $100. If
140.30 the person is a parent of a child and the parent was appointed
140.31 counsel under the provisions of section 260C.163, subdivision 3,
140.32 the parent shall pay to the court a co-payment of $200. The
140.33 co-payment shall be deposited in the state general fund.
140.34 If a term of probation is imposed as a part of an
140.35 offender's sentence, the co-payment required by this section
140.36 must not be made a condition of probation. The co-payment
141.1 required by this section is a civil obligation and must not be
141.2 made a condition of a criminal sentence. Collection of the
141.3 co-payment may be made through the provisions of chapter 270A,
141.4 the Revenue Recapture Act.
141.5 (d) All public defender co-pay revenue collected under
141.6 paragraph (c) and revenues less statutory fees collected under
141.7 chapter 270A shall be deposited in the public defender co-pay
141.8 account in the special revenue fund.
141.9 The first $2,740,000 deposited in the public defender
141.10 co-pay account must be transferred to the general fund. This is
141.11 not an annual transfer. Receipts in excess of the first
141.12 $2,740,000 are appropriated to the Board of Public Defense for
141.13 public defender services.
141.14 [EFFECTIVE DATE.] This section is effective July 1, 2004,
141.15 and applies to crimes committed on or after that date.
141.16 Sec. 12. Minnesota Statutes 2002, section 611.215,
141.17 subdivision 1, is amended to read:
141.18 Subdivision 1. [STRUCTURE; MEMBERSHIP.] (a) The State
141.19 Board of Public Defense is a part of, but is not subject to the
141.20 administrative control of, the judicial branch of government.
141.21 The State Board of Public Defense shall consist of seven members
141.22 including:
141.23 (1) four two attorneys admitted to the practice of law,
141.24 well acquainted with the defense of persons accused of crime,
141.25 but not employed as prosecutors, appointed by the Supreme Court;
141.26 and
141.27 (2) three public members appointed by the governor; and
141.28 (3) one attorney admitted to the practice of law, well
141.29 acquainted with the defense of persons accused of crime, but not
141.30 employed as a prosecutor, appointed by the speaker of the house
141.31 of representatives; and
141.32 (4) one attorney admitted to the practice of law, well
141.33 acquainted with the defense of persons accused of crime, but not
141.34 employed as a prosecutor, appointed by the senate majority
141.35 leader.
141.36 After the expiration of the terms of persons appointed to
142.1 the board before March 1, 1991, the appointing authorities may
142.2 not appoint a person who is a judge to be a member of the State
142.3 Board of Public Defense, other than as a member of the ad hoc
142.4 Board of Public Defense.
142.5 (b) All members shall demonstrate an interest in
142.6 maintaining a high quality, independent defense system for those
142.7 who are unable to obtain adequate representation. Appointments
142.8 to the board shall include qualified women and members of
142.9 minority groups. At least three members of the board shall be
142.10 from judicial districts other than the First, Second, Fourth,
142.11 and Tenth Judicial Districts. The terms, compensation, and
142.12 removal of members shall be as provided in section 15.0575. The
142.13 chair shall be elected by the members from among the membership
142.14 for a term of two years.
142.15 (c) In addition, the State Board of Public Defense shall
142.16 consist of a nine-member ad hoc board when considering the
142.17 appointment of district public defenders under section 611.26,
142.18 subdivision 2. The terms of chief district public defenders
142.19 currently serving shall terminate in accordance with the
142.20 staggered term schedule set forth in section 611.26, subdivision
142.21 2.
142.22 [EFFECTIVE DATE.] This section is effective July 1, 2004.
142.23 Sec. 13. Minnesota Statutes 2003 Supplement, section
142.24 611.25, subdivision 1, is amended to read:
142.25 Subdivision 1. [REPRESENTATION.] (a) The state public
142.26 defender shall represent, without charge:
142.27 (1) a defendant or other person appealing from a conviction
142.28 of a felony or gross misdemeanor;
142.29 (2) a person convicted of a felony or gross misdemeanor who
142.30 is pursuing a postconviction proceeding and who has not already
142.31 had a direct appeal of the conviction, but if the person pled
142.32 guilty and received a presumptive sentence or a downward
142.33 departure in sentence, and the state public defender reviewed
142.34 the person's case and determined that there was no basis for an
142.35 appeal of the conviction or of the sentence, then the state
142.36 public defender may decline to represent the person in a
143.1 postconviction remedy case; and
143.2 (3) a child who is appealing from a delinquency
143.3 adjudication or from an extended jurisdiction juvenile
143.4 conviction.
143.5 (b) The state public defender may represent, without
143.6 charge, all other persons pursuing a postconviction remedy under
143.7 section 590.01, who are financially unable to obtain counsel.
143.8 (c) The state public defender shall represent any other
143.9 person, who is financially unable to obtain counsel, when
143.10 directed to do so by the Supreme Court or the Court of Appeals,
143.11 except that The state public defender shall not represent a
143.12 person in any action or proceeding in which a party is seeking a
143.13 monetary judgment, recovery or award. When requested by a
143.14 district public defender or appointed counsel, the state public
143.15 defender may assist the district public defender, appointed
143.16 counsel, or an organization designated in section 611.216 in the
143.17 performance of duties, including trial representation in matters
143.18 involving legal conflicts of interest or other special
143.19 circumstances, and assistance with legal research and brief
143.20 preparation. When the state public defender is directed by a
143.21 court to represent a defendant or other person, the state public
143.22 defender may assign the representation to any district public
143.23 defender.
143.24 [EFFECTIVE DATE.] This section is effective July 1, 2004,
143.25 and applies to crimes committed on or after that date.
143.26 Sec. 14. Minnesota Statutes 2003 Supplement, section
143.27 611.26, subdivision 6, is amended to read:
143.28 Subd. 6. [PERSONS DEFENDED.] The district public defender
143.29 shall represent, without charge, a defendant charged with a
143.30 felony, a gross misdemeanor, or misdemeanor when so directed by
143.31 the district court. The district public defender shall also
143.32 represent a minor ten years of age or older in the juvenile
143.33 court when so directed by the juvenile court. The district
143.34 public defender must not serve as advisory counsel. The
143.35 juvenile court may must not order the district public defender
143.36 to represent a minor who is under the age of ten years, to serve
144.1 as a guardian ad litem, or to represent a guardian ad litem, or
144.2 to represent a parent, guardian, or custodian under section
144.3 260C.163.
144.4 [EFFECTIVE DATE.] This section is effective July 1, 2004.
144.5 Sec. 15. Minnesota Statutes 2003 Supplement, section
144.6 611.272, is amended to read:
144.7 611.272 [ACCESS TO GOVERNMENT DATA.]
144.8 The district public defender, the state public defender, or
144.9 an attorney working for a public defense corporation under
144.10 section 611.216 has access to the criminal justice data
144.11 communications network described in section 299C.46, as provided
144.12 in this section. Access to data under this section is limited
144.13 to data regarding the public defender's own client as necessary
144.14 to prepare criminal cases in which the public defender has been
144.15 appointed, including as follows:
144.16 (1) access to data about witnesses in a criminal case shall
144.17 be limited to records of criminal convictions; and
144.18 (2) access to data regarding the public defender's own
144.19 client which includes, but is not limited to, criminal history
144.20 data under section 13.87; juvenile offender data under section
144.21 299C.095; warrant information data under section 299C.115;
144.22 incarceration data under section 299C.14; conditional release
144.23 data under section 299C.147; and diversion program data under
144.24 section 299C.46, subdivision 5.
144.25 The public defender has access to data under this section,
144.26 whether accessed via CriMNet or other methods. The public
144.27 defender does not have access to law enforcement active
144.28 investigative data under section 13.82, subdivision 7; data
144.29 protected under section 13.82, subdivision 17; or confidential
144.30 arrest warrant indices data under section 13.82, subdivision 19;
144.31 or data systems maintained by a prosecuting attorney. The
144.32 public defender has access to the data at no charge, except for
144.33 the monthly network access charge under section 299C.46,
144.34 subdivision 3, paragraph (b), and a reasonable installation
144.35 charge for a terminal. Notwithstanding section 13.87,
144.36 subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48,
145.1 or any other law to the contrary, there shall be no charge to
145.2 public defenders for Internet access to the criminal justice
145.3 data communications network.
145.4 [EFFECTIVE DATE.] This section is effective July 1, 2004.
145.5 Sec. 16. [REPEALER.]
145.6 Minnesota Statutes 2002, section 486.055; and Minnesota
145.7 Statutes 2003 Supplement, section 611.18, are repealed.
145.8 [EFFECTIVE DATE.] This section is effective July 1, 2004.
145.9 ARTICLE 9
145.10 CORRECTIONS AND PUBLIC SAFETY
145.11 Section 1. Minnesota Statutes 2002, section 169A.52,
145.12 subdivision 7, is amended to read:
145.13 Subd. 7. [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On
145.14 behalf of the commissioner, a peace officer requiring a test or
145.15 directing the administration of a chemical test shall serve
145.16 immediate notice of intention to revoke and of revocation on a
145.17 person who refuses to permit a test or on a person who submits
145.18 to a test the results of which indicate an alcohol concentration
145.19 of 0.10 or more.
145.20 (b) On behalf of the commissioner, a peace officer
145.21 requiring a test or directing the administration of a chemical
145.22 test of a person driving, operating, or in physical control of a
145.23 commercial motor vehicle shall serve immediate notice of
145.24 intention to disqualify and of disqualification on a person who
145.25 refuses to permit a test, or on a person who submits to a test
145.26 the results of which indicate an alcohol concentration of 0.04
145.27 or more.
145.28 (c) The officer shall either:
145.29 (1) take the driver's license or permit, if any, invalidate
145.30 the person's driver's license or permit card by clipping the
145.31 upper corner of the card in such a way that no identifying
145.32 information including the photo is destroyed, and immediately
145.33 return the card to the person;
145.34 (2) issue the person a temporary license effective for only
145.35 seven days; and
145.36 (3) send it the notification of this action to the
146.1 commissioner along with the certificate required by subdivision
146.2 3 or 4, and issue a temporary license effective only for seven
146.3 days; or
146.4 (2) invalidate the driver's license or permit in such a way
146.5 that no identifying information is destroyed.
146.6 [EFFECTIVE DATE.] This section is effective July 1, 2004.
146.7 Sec. 2. Minnesota Statutes 2002, section 169A.60,
146.8 subdivision 11, is amended to read:
146.9 Subd. 11. [RESCISSION OF REVOCATION; AND DISMISSAL OR
146.10 ACQUITTAL; NEW PLATES.] If:
146.11 (1) the driver's license revocation that is the basis for
146.12 an impoundment order is rescinded; and
146.13 (2) the charges for the plate impoundment violation have
146.14 been dismissed with prejudice; or
146.15 (3) the violator has been acquitted of the plate
146.16 impoundment violation;
146.17 then the registrar of motor vehicles shall issue new
146.18 registration plates for the vehicle at no cost, when the
146.19 registrar receives an application that includes a copy of the
146.20 order rescinding the driver's license revocation, and the order
146.21 dismissing the charges, or the judgment of acquittal.
146.22 [EFFECTIVE DATE.] This section is effective the day
146.23 following final enactment.
146.24 Sec. 3. Minnesota Statutes 2002, section 169A.63,
146.25 subdivision 8, is amended to read:
146.26 Subd. 8. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A
146.27 motor vehicle used to commit a designated offense or used in
146.28 conduct resulting in a designated license revocation is subject
146.29 to administrative forfeiture under this subdivision.
146.30 (b) When a motor vehicle is seized under subdivision 2, the
146.31 appropriate agency shall serve the driver or operator of the
146.32 vehicle with a notice of the seizure and intent to forfeit the
146.33 vehicle. Additionally, when a motor vehicle is seized under
146.34 subdivision 2, or within a reasonable time after that, all
146.35 persons known to have an ownership, possessory, or security
146.36 interest in the vehicle must be notified of the seizure and the
147.1 intent to forfeit the vehicle. For those vehicles required to
147.2 be registered under chapter 168, the notification to a person
147.3 known to have a security interest in the vehicle is required
147.4 only if the vehicle is registered under chapter 168 and the
147.5 interest is listed on the vehicle's title. Notice mailed by
147.6 certified mail to the address shown in Department of Public
147.7 Safety records is sufficient notice to the registered owner of
147.8 the vehicle. For motor vehicles not required to be registered
147.9 under chapter 168, notice mailed by certified mail to the
147.10 address shown in the applicable filing or registration for the
147.11 vehicle is sufficient notice to a person known to have an
147.12 ownership, possessory, or security interest in the vehicle.
147.13 Otherwise, notice may be given in the manner provided by law for
147.14 service of a summons in a civil action.
147.15 (c) The notice must be in writing and contain:
147.16 (1) a description of the vehicle seized;
147.17 (2) the date of seizure; and
147.18 (3) notice of the right to obtain judicial review of the
147.19 forfeiture and of the procedure for obtaining that judicial
147.20 review, printed in English, Hmong, and Spanish. Substantially
147.21 the following language must appear conspicuously: "IF YOU DO
147.22 NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA
147.23 STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO
147.24 A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY
147.25 RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT
147.26 HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE
147.27 UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR
147.28 LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT
147.29 HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS
147.30 WORTH LESS THAN $500."
147.31 (d) Within 30 days following service of a notice of seizure
147.32 and forfeiture under this subdivision, a claimant may file a
147.33 demand for a judicial determination of the forfeiture. The
147.34 demand must be in the form of a civil complaint and must be
147.35 filed with the court administrator in the county in which the
147.36 seizure occurred, together with: (1) proof of service of a copy
148.1 of the complaint on the prosecuting authority having
148.2 jurisdiction over the forfeiture, as well as on the appropriate
148.3 agency that initiated the forfeiture; and (2) the standard
148.4 filing fee for civil actions unless the petitioner has the right
148.5 to sue in forma pauperis under section 563.01. If the value of
148.6 the seized property is $7,500 or less, the claimant may file an
148.7 action in conciliation court for recovery of the seized
148.8 vehicle. A copy of the conciliation court statement of claim
148.9 must be served personally or by mail on the prosecuting
148.10 authority having jurisdiction over the forfeiture and on the
148.11 appropriate agency that initiated the forfeiture within 30 days
148.12 following service of the notice of seizure and forfeiture under
148.13 this subdivision. If the value of the seized property is less
148.14 than $500, the claimant does not have to pay the conciliation
148.15 court filing fee. No responsive pleading is required of the
148.16 prosecuting authority or the appropriate agency and no court
148.17 fees may be charged for the prosecuting authority's appearance
148.18 in the matter. The prosecuting authority may appear for the
148.19 appropriate agency. Except as provided in this section,
148.20 judicial reviews and hearings are governed by section 169A.53,
148.21 subdivisions 2 and 3, and, at the option of the prosecuting
148.22 authority, may take place at the same time as any judicial
148.23 review of the person's license revocation under section
148.24 169A.53. If the judicial review and hearing under this section
148.25 do not take place at the same time as the judicial review of the
148.26 person's license revocation under section 169A.53, the review
148.27 and hearing must take place at the earliest practicable date.
148.28 The proceedings may be combined with any hearing on a petition
148.29 filed under section 169A.53, subdivision 2, and are governed by
148.30 the Rules of Civil Procedure.
148.31 (e) The complaint must be captioned in the name of the
148.32 claimant as plaintiff and the seized vehicle as defendant, and
148.33 must state with specificity the grounds on which the claimant
148.34 alleges the vehicle was improperly seized and the plaintiff's
148.35 interest in the vehicle seized. Notwithstanding any law to the
148.36 contrary, an action for the return of a vehicle seized under
149.1 this section may not be maintained by or on behalf of any person
149.2 who has been served with a notice of seizure and forfeiture
149.3 unless the person has complied with this subdivision.
149.4 (f) If the claimant makes a timely demand for a judicial
149.5 determination under this subdivision, the appropriate agency
149.6 must conduct the forfeiture under subdivision 9.
149.7 (g) If a demand for judicial determination of an
149.8 administrative forfeiture is filed under this subdivision and
149.9 the court orders the return of the seized vehicle, the court
149.10 shall order that filing fees be reimbursed to the person who
149.11 filed the demand. In addition, the court may order sanctions
149.12 under section 549.211 (sanctions in civil actions).
149.13 [EFFECTIVE DATE.] This section is effective August 1, 2004.
149.14 Sec. 4. Minnesota Statutes 2002, section 171.12,
149.15 subdivision 3, is amended to read:
149.16 Subd. 3. [APPLICATION AND RECORD, WHEN DESTROYED.] The
149.17 department may cause applications for drivers' licenses,
149.18 provisional licenses, and instruction permits, and related
149.19 records, to be destroyed immediately after the period for which
149.20 issued, except that:
149.21 (1) the driver's record pertaining to revocations,
149.22 suspensions, cancellations, disqualifications, convictions, and
149.23 accidents shall be are cumulative and must be kept for a period
149.24 of at least five years; and
149.25 (2) the driver's record pertaining to the alcohol-related
149.26 offenses and licensing actions listed in section 169A.03,
149.27 subdivisions 20 and 21, and to violations of sections 169A.31
149.28 and 171.24, subdivision 5, shall be are cumulative and must be
149.29 kept for a period of at least 15 years, except as provided in
149.30 clause (3); and
149.31 (3) the driver's record pertaining to the alcohol-related
149.32 offenses and licensing actions listed in section 169A.03,
149.33 subdivisions 20 and 21, and to violations of section 169A.31
149.34 must be purged after seven years of any reference to an offense
149.35 or action if the driver has incurred no other alcohol-related
149.36 offenses or licensing actions under those sections during the
150.1 seven-year period.
150.2 [EFFECTIVE DATE.] This section is effective July 1, 2004.
150.3 Sec. 5. Minnesota Statutes 2002, section 241.336, is
150.4 amended by adding a subdivision to read:
150.5 Subd. 3. [PROCEDURES WITHOUT CONSENT; EXPEDITED PROCESS;
150.6 INMATE NOTICE.] (a) An inmate in a correctional facility is
150.7 subject to the collection and testing of a blood sample if a
150.8 significant exposure occurs. In the absence of affirmative
150.9 consent and cooperation in the collection of a blood sample, the
150.10 head of a correctional facility may order an inmate to provide a
150.11 blood sample for testing for bloodborne pathogens if the
150.12 requirements of this subdivision are met.
150.13 (b) The head of a correctional facility must not order the
150.14 taking of a blood sample under this subdivision unless one or
150.15 more affidavits have been executed attesting that:
150.16 (1) the correctional facility followed the procedures in
150.17 sections 241.33 to 241.342 and attempted to obtain bloodborne
150.18 pathogen test results according to those sections;
150.19 (2) a licensed physician knowledgeable about the most
150.20 current recommendations of the United States Public Health
150.21 Service has determined that a significant exposure has occurred
150.22 to the corrections employee under section 241.341; and
150.23 (3) a physician has documented that the corrections
150.24 employee has provided a blood sample and consented to testing
150.25 for bloodborne pathogens, and bloodborne pathogen test results
150.26 are needed for beginning, continuing, modifying, or
150.27 discontinuing medical treatment for the corrections employee
150.28 under section 241.341.
150.29 (c) The head of the correctional facility may order the
150.30 inmate to provide a blood sample for bloodborne pathogen testing
150.31 if, based on the affidavits submitted under paragraph (b) or
150.32 other available evidence:
150.33 (1) there is probable cause to believe the corrections
150.34 employee has experienced a significant exposure to the inmate;
150.35 (2) the correctional facility imposes appropriate
150.36 safeguards against unauthorized disclosure, limits uses of
151.1 samples to those authorized by section 241.338, limits access to
151.2 the test results to the inmate and to persons who have a direct
151.3 need for the test results, and establishes a protocol for the
151.4 destruction of test results after they are no longer needed;
151.5 (3) a physician for the corrections employee needs the test
151.6 results for beginning, continuing, modifying, or discontinuing
151.7 medical treatment for the corrections employee; and
151.8 (4) the head of the correctional facility finds that the
151.9 interests of the corrections employee and the state in obtaining
151.10 the test results outweigh the interests of the inmate. In that
151.11 analysis, the head of the correctional facility may consider the
151.12 corrections employee's interests, including health, safety,
151.13 productivity, resumption of normal work and nonwork activities,
151.14 and peace of mind against the interests of the inmate, including
151.15 privacy, health, and safety. The head of the correctional
151.16 facility may also consider the interests of the state and
151.17 public, including economic, productivity, and safety interests.
151.18 (d) Facilities shall cooperate with petitioners in
151.19 providing any necessary affidavits to the extent that facility
151.20 staff can attest under oath to the facts in the affidavits.
151.21 (e) The commissioner of corrections and the director of
151.22 each local correctional facility must provide written notice to
151.23 each inmate through the inmate handbook, or a comparable
151.24 document, that an inmate may be subject to a blood draw without
151.25 a hearing if the inmate causes bodily fluids to come into
151.26 contact with employees of the Department of Corrections or
151.27 employees of local correctional facilities.
151.28 [EFFECTIVE DATE.] This section is effective the day
151.29 following final enactment.
151.30 Sec. 6. Minnesota Statutes 2002, section 243.24,
151.31 subdivision 2, is amended to read:
151.32 Subd. 2. [CHIEF EXECUTIVE OFFICER TO INCREASE FUND TO
151.33 $100.] If the fund standing to the credit of the prisoner on the
151.34 prisoner's leaving the facility by discharge, supervised
151.35 release, or on parole be less than $100, the warden or chief
151.36 executive officer is directed to pay out of the current expense
152.1 fund of the facility sufficient funds to make the total of said
152.2 earnings the sum of $100. Offenders who have previously
152.3 received the $100 upon their initial release from incarceration
152.4 will not receive the $100 on any second or subsequent release
152.5 from incarceration for the same offense. Offenders who were
152.6 sentenced as a short-term offender under section 609.105 shall
152.7 not receive gate money.
152.8 [EFFECTIVE DATE.] This section is effective July 1, 2004.
152.9 Sec. 7. Minnesota Statutes 2002, section 299A.38,
152.10 subdivision 2, is amended to read:
152.11 Subd. 2. [STATE AND LOCAL REIMBURSEMENT.] Peace officers
152.12 and heads of local law enforcement agencies who buy vests for
152.13 the use of peace officer employees may apply to the commissioner
152.14 for reimbursement of funds spent to buy vests. On approving an
152.15 application for reimbursement, the commissioner shall pay the
152.16 applicant an amount equal to the lesser of one-half of the
152.17 vest's purchase price or $300 $600, as adjusted according to
152.18 subdivision 2a. The political subdivision that employs the
152.19 peace officer shall pay at least the lesser of one-half of the
152.20 vest's purchase price or $300 $600, as adjusted according to
152.21 subdivision 2a. The political subdivision may not deduct or pay
152.22 its share of the vest's cost from any clothing, maintenance, or
152.23 similar allowance otherwise provided to the peace officer by the
152.24 law enforcement agency.
152.25 [EFFECTIVE DATE.] This section is effective July 1, 2004.
152.26 Sec. 8. Minnesota Statutes 2002, section 299A.38,
152.27 subdivision 2a, is amended to read:
152.28 Subd. 2a. [ADJUSTMENT OF REIMBURSEMENT AMOUNT.] On October
152.29 1, 1997 2005, the commissioner of public safety shall adjust
152.30 the $300 $600 reimbursement amounts specified in subdivision 2,
152.31 and in each subsequent year, on October 1, the commissioner
152.32 shall adjust the reimbursement amount applicable immediately
152.33 preceding that October 1 date. The adjusted rate must reflect
152.34 the annual percentage change in the Consumer Price Index for all
152.35 urban consumers, published by the federal Bureau of Labor
152.36 Statistics, occurring in the one-year period ending on the
153.1 preceding June 1.
153.2 [EFFECTIVE DATE.] This section is effective July 1, 2004.
153.3 Sec. 9. [299A.645] [GANG AND DRUG OVERSIGHT COUNCIL.]
153.4 Subdivision 1. [OVERSIGHT COUNCIL ESTABLISHED.] The Gang
153.5 and Drug Oversight Council is established to provide guidance
153.6 related to the investigation and prosecution of gang and drug
153.7 crime.
153.8 Subd. 2. [MEMBERSHIP.] The oversight council shall consist
153.9 of the following individuals or their designees:
153.10 (1) the director of the Office of Special Investigations,
153.11 as the representative of the commissioner of corrections;
153.12 (2) the superintendent of the Bureau of Criminal
153.13 Apprehension, as the representative of the commissioner of
153.14 public safety;
153.15 (3) the attorney general;
153.16 (4) six chiefs of police, selected by the Minnesota Chiefs
153.17 of Police Association;
153.18 (5) six sheriffs, selected by the Minnesota Sheriffs
153.19 Association to represent each district;
153.20 (6) the United States Attorney for the District of
153.21 Minnesota;
153.22 (7) two county attorneys, selected by the Minnesota County
153.23 Attorneys Association;
153.24 (8) a command-level representative of a gang strike force;
153.25 (9) a representative from a drug task force, selected by
153.26 the Minnesota State Association of Narcotics Investigators;
153.27 (10) a representative from the United States Drug
153.28 Enforcement Administration;
153.29 (11) a representative from the United States Bureau of
153.30 Alcohol, Tobacco and Firearms; and
153.31 (12) four members who are licensed peace officers, one each
153.32 of whom is selected by the Council on Black Minnesotans, the
153.33 Council on Asian-Pacific Minnesotans, the Council on Affairs of
153.34 Chicano/Latino People of Minnesota, and the Indian Affairs
153.35 Council.
153.36 The oversight council may adopt procedures to govern its conduct
154.1 as necessary and may select a chair from among its members.
154.2 Subd. 3. [OVERSIGHT COUNCIL'S DUTIES.] The oversight
154.3 council shall develop an overall strategy to ameliorate the harm
154.4 caused to the public by gang and drug crime within the state.
154.5 This strategy may include the development of protocols and
154.6 procedures to investigate gang and drug crime and a structure
154.7 for best addressing these issues in a multijurisdictional
154.8 manner. Additionally, the oversight council shall have the
154.9 following responsibilities:
154.10 (1) identifying and recommending a candidate or candidates
154.11 for statewide coordinator to the commissioner of public safety;
154.12 (2) establishing multijurisdictional task and strike forces
154.13 to combat gang and drug crime;
154.14 (3) assisting the Department of Public Safety in developing
154.15 an objective grant review application process that is free from
154.16 conflicts of interests;
154.17 (4) making funding recommendations to the commissioner of
154.18 public safety on grants to support efforts to combat gang and
154.19 drug crime;
154.20 (5) assisting in developing a process to collect and share
154.21 information to improve the investigation and prosecution of drug
154.22 offenses;
154.23 (6) developing and approving an operational budget for the
154.24 office of the statewide coordinator and the oversight council;
154.25 and
154.26 (7) adopting criteria for use in determining whether
154.27 individuals are or may be members of gangs involved in criminal
154.28 activity.
154.29 Subd. 4. [STATEWIDE COORDINATOR.] The commissioner shall
154.30 appoint a statewide coordinator as selected by the oversight
154.31 council. The coordinator, serving in unclassified service,
154.32 shall be responsible for the following:
154.33 (1) coordinating and monitoring the activities of the task
154.34 forces;
154.35 (2) facilitating local efforts and ensuring statewide
154.36 coordination with efforts to combat gang and drug crime;
155.1 (3) facilitating training for personnel;
155.2 (4) monitoring compliance with investigative protocols; and
155.3 (5) implementing an outcome evaluation and data quality
155.4 control process.
155.5 Subd. 5. [PARTICIPATING OFFICERS; EMPLOYMENT STATUS.] All
155.6 participating law enforcement officers must be licensed peace
155.7 officers as defined under section 626.84, subdivision 1, or
155.8 qualified federal law enforcement officers as defined in section
155.9 626.8453. Participating officers remain employees of the same
155.10 entity that employed them before joining any multijurisdictional
155.11 entity established under this section. Participating officers
155.12 are not employees of the state.
155.13 Subd. 6. [JURISDICTION AND POWERS.] Law enforcement
155.14 officers participating in any multijurisdictional entity
155.15 established under this section have statewide jurisdiction to
155.16 conduct criminal investigations and have the same powers of
155.17 arrest as those possessed by a sheriff.
155.18 Subd. 7. [GRANTS AUTHORIZED.] After considering
155.19 recommendations from the oversight council, the commissioner of
155.20 public safety may make grants to state and local units of
155.21 government to combat gang and drug crime.
155.22 Subd. 8. [OVERSIGHT COUNCIL IS PERMANENT.] Notwithstanding
155.23 section 15.059, this section does not expire.
155.24 Subd. 9. [FUNDING.] Participating agencies may accept
155.25 lawful grants or contributions from any federal source or legal
155.26 business or entity.
155.27 Subd. 10. [ROLE OF THE ATTORNEY GENERAL.] The attorney
155.28 general or a designee shall generally advise on any matters that
155.29 the oversight council deems appropriate.
155.30 Subd. 11. [ATTORNEY GENERAL; COMMUNITY LIAISON.] (a) The
155.31 attorney general or a designee shall serve as a liaison between
155.32 the oversight council and the councils created in sections
155.33 3.922, 3.9223, 3.9225, and 3.9226. The attorney general or
155.34 designee will be responsible for:
155.35 (1) informing the councils of the plans, activities, and
155.36 decisions, and hearing their reactions to those plans,
156.1 activities, and decisions; and
156.2 (2) providing the oversight council with the council's
156.3 position on the oversight council's plans, activities, and
156.4 decisions.
156.5 (b) In no event is the oversight council required to
156.6 disclose the names of individuals identified by it to the
156.7 councils referenced in this subdivision.
156.8 (c) Nothing in this subdivision changes the data
156.9 classification of any data held by the oversight council.
156.10 [EFFECTIVE DATE.] This section is effective July 1, 2004.
156.11 Sec. 10. Minnesota Statutes 2002, section 357.021, is
156.12 amended by adding a subdivision to read:
156.13 Subd. 8. [PROCEEDS COLLECTED FOR THE CRIMINAL JUSTICE
156.14 SPECIAL PROJECTS ACCOUNT.] Any proceeds received under this
156.15 section by the treasurer after June 30, 2003, for the criminal
156.16 justice special projects account in the special revenue fund
156.17 shall be transferred to the general fund.
156.18 [EFFECTIVE DATE.] This section is effective the day
156.19 following final enactment.
156.20 Sec. 11. [REPEALER.]
156.21 Minnesota Statutes 2002, sections 299A.64; 299A.65; and
156.22 299A.66, are repealed.
156.23 [EFFECTIVE DATE.] This section is effective July 1, 2004.
156.24 ARTICLE 10
156.25 RIGHTS OF VICTIMS OF SEXUAL ASSAULT
156.26 Section 1. Minnesota Statutes 2002, section 253B.02, is
156.27 amended by adding a subdivision to read:
156.28 Subd. 24. [VICTIM.] "Victim" means a natural person who
156.29 incurs loss or harm as a result of harmful sexual conduct
156.30 committed by a sexual psychopathic personality, sexually
156.31 dangerous person, or person who is mentally ill and dangerous to
156.32 the public. If the victim is deceased, "victim" means the
156.33 deceased's surviving spouse or next of kin.
156.34 Sec. 2. Minnesota Statutes 2002, section 253B.07,
156.35 subdivision 1, is amended to read:
156.36 Subdivision 1. [PREPETITION SCREENING.] (a) Prior to
157.1 filing a petition for commitment of or early intervention for a
157.2 proposed patient, an interested person shall apply to the
157.3 designated agency in the county of the proposed patient's
157.4 residence or presence for conduct of a preliminary
157.5 investigation, except when the proposed patient has been
157.6 acquitted of a crime under section 611.026 and the county
157.7 attorney is required to file a petition for commitment. The
157.8 designated agency shall appoint a screening team to conduct an
157.9 investigation. The petitioner may not be a member of the
157.10 screening team. The investigation must include:
157.11 (i) a personal interview with the proposed patient and
157.12 other individuals who appear to have knowledge of the condition
157.13 of the proposed patient. If the proposed patient is not
157.14 interviewed, specific reasons must be documented;
157.15 (ii) identification and investigation of specific alleged
157.16 conduct which is the basis for application;
157.17 (iii) identification, exploration, and listing of the
157.18 specific reasons for rejecting or recommending alternatives to
157.19 involuntary placement;
157.20 (iv) in the case of a commitment based on mental illness,
157.21 the following information, if it is known or available, that may
157.22 be relevant to the administration of neuroleptic medications,
157.23 including the existence of a declaration under section 253B.03,
157.24 subdivision 6d, or a health care directive under chapter 145C or
157.25 a guardian, conservator, proxy, or agent with authority to make
157.26 health care decisions for the proposed patient; information
157.27 regarding the capacity of the proposed patient to make decisions
157.28 regarding administration of neuroleptic medication; and whether
157.29 the proposed patient is likely to consent or refuse consent to
157.30 administration of the medication;
157.31 (v) seeking input from the proposed patient's health plan
157.32 company to provide the court with information about services the
157.33 enrollee needs and the least restrictive alternatives; and
157.34 (vi) in the case of a commitment based on mental illness,
157.35 information listed in clause (iv) for other purposes relevant to
157.36 treatment.
158.1 (b) In conducting the investigation required by this
158.2 subdivision, the screening team shall have access to all
158.3 relevant medical records of proposed patients currently in
158.4 treatment facilities. The interviewer shall inform the proposed
158.5 patient that any information provided by the proposed patient
158.6 may be included in the prepetition screening report and may be
158.7 considered in the commitment proceedings. Data collected
158.8 pursuant to this clause shall be considered private data on
158.9 individuals. The prepetition screening report is not admissible
158.10 as evidence except by agreement of counsel or as permitted by
158.11 this chapter or the rules of court and is not admissible in any
158.12 court proceedings unrelated to the commitment proceedings.
158.13 (c) The prepetition screening team shall provide a notice,
158.14 written in easily understood language, to the proposed patient,
158.15 the petitioner, any victims, persons named in a declaration
158.16 under chapter 145C or section 253B.03, subdivision 6d, and, with
158.17 the proposed patient's consent, other interested parties. The
158.18 team shall ask the patient if the patient wants the notice read
158.19 and shall read the notice to the patient upon request. The
158.20 notice must contain information regarding the process, purpose,
158.21 and legal effects of civil commitment and early intervention.
158.22 The notice must inform the proposed patient that:
158.23 (1) if a petition is filed, the patient has certain rights,
158.24 including the right to a court-appointed attorney, the right to
158.25 request a second examiner, the right to attend hearings, and the
158.26 right to oppose the proceeding and to present and contest
158.27 evidence; and
158.28 (2) if the proposed patient is committed to a state
158.29 regional treatment center or group home, the patient may be
158.30 billed for the cost of care and the state has the right to make
158.31 a claim against the patient's estate for this cost.
158.32 The ombudsman for mental health and mental retardation
158.33 shall develop a form for the notice which includes the
158.34 requirements of this paragraph.
158.35 (d) When the prepetition screening team recommends
158.36 commitment, a written report shall be sent to the county
159.1 attorney for the county in which the petition is to be filed.
159.2 The statement of facts contained in the written report must meet
159.3 the requirements of subdivision 2, paragraph (b). A copy of the
159.4 report must be sent to any victims.
159.5 (e) The prepetition screening team shall refuse to support
159.6 a petition if the investigation does not disclose evidence
159.7 sufficient to support commitment. Notice of the prepetition
159.8 screening team's decision shall be provided to the prospective
159.9 petitioner and to the proposed patient.
159.10 (f) If the interested person wishes to proceed with a
159.11 petition contrary to the recommendation of the prepetition
159.12 screening team, application may be made directly to the county
159.13 attorney, who shall determine whether or not to proceed with the
159.14 petition. Notice of the county attorney's determination shall
159.15 be provided to any victims and to the interested party.
159.16 (g) If the proposed patient has been acquitted of a crime
159.17 under section 611.026, the county attorney shall apply to the
159.18 designated county agency in the county in which the acquittal
159.19 took place for a preliminary investigation unless substantially
159.20 the same information relevant to the proposed patient's current
159.21 mental condition, as could be obtained by a preliminary
159.22 investigation, is part of the court record in the criminal
159.23 proceeding or is contained in the report of a mental examination
159.24 conducted in connection with the criminal proceeding. If a
159.25 court petitions for commitment pursuant to the Rules of Criminal
159.26 or Juvenile Procedure or a county attorney petitions pursuant to
159.27 acquittal of a criminal charge under section 611.026, the
159.28 prepetition investigation, if required by this section, shall be
159.29 completed within seven days after the filing of the petition.
159.30 Sec. 3. Minnesota Statutes 2002, section 253B.07,
159.31 subdivision 4, is amended to read:
159.32 Subd. 4. [PREHEARING EXAMINATION; NOTICE AND SUMMONS
159.33 PROCEDURE.] (a) A summons to appear for a prehearing examination
159.34 and the commitment hearing shall be served upon the proposed
159.35 patient. A plain language notice of the proceedings and notice
159.36 of the filing of the petition shall be given to the proposed
160.1 patient, patient's counsel, the petitioner, any victims, any
160.2 interested person, and any other persons as the court directs.
160.3 (b) The prepetition screening report, the petition, and the
160.4 examiner's supporting statement shall be distributed to the
160.5 petitioner, the proposed patient, the patient's counsel, the
160.6 county attorney, any victims, any person authorized by the
160.7 patient, and any other person as the court directs.
160.8 (c) All papers shall be served personally on the proposed
160.9 patient. Unless otherwise ordered by the court, the notice
160.10 shall be served on the proposed patient by a nonuniformed person.
160.11 Sec. 4. Minnesota Statutes 2002, section 253B.08,
160.12 subdivision 2, is amended to read:
160.13 Subd. 2. [NOTICE OF HEARING.] The proposed patient,
160.14 patient's counsel, the petitioner, the county attorney, any
160.15 victims, and any other persons as the court directs shall be
160.16 given at least five days' notice that a hearing will be held and
160.17 at least two days' notice of the time and date of the hearing,
160.18 except that any person may waive notice. Notice to the proposed
160.19 patient may be waived by patient's counsel.
160.20 Sec. 5. Minnesota Statutes 2002, section 253B.08,
160.21 subdivision 5a, is amended to read:
160.22 Subd. 5a. [WITNESSES.] The proposed patient or the
160.23 patient's counsel and the county attorney may present and
160.24 cross-examine witnesses, including examiners and any victims, at
160.25 the hearing. The court may in its discretion receive the
160.26 testimony of any other person. Opinions of court-appointed
160.27 examiners may not be admitted into evidence unless the examiner
160.28 is present to testify, except by agreement of the parties.
160.29 Sec. 6. Minnesota Statutes 2002, section 253B.16,
160.30 subdivision 2, is amended to read:
160.31 Subd. 2. [NOTIFICATION OF DISCHARGE.] Prior to the
160.32 discharge or provisional discharge of any committed person, the
160.33 head of the treatment facility shall notify the designated
160.34 agency, the victim, and the patient's spouse, or if there is no
160.35 spouse, then an adult child, or if there is none, the next of
160.36 kin of the patient, of the proposed discharge. The notice shall
161.1 be sent to the last known address of the person to be notified
161.2 by certified mail with return receipt. The notice shall include
161.3 the following: (1) the proposed date of discharge or
161.4 provisional discharge; (2) the date, time and place of the
161.5 meeting of the staff who have been treating the patient to
161.6 discuss discharge and discharge planning; (3) the fact that the
161.7 patient will be present at the meeting; (4) the fact that any
161.8 victim may attend that staff meeting and present any information
161.9 relevant to the discharge of the patient, and (4) (5) the fact
161.10 that the next of kin may attend that staff meeting and present
161.11 any information relevant to the discharge of the patient. The
161.12 notice shall be sent at least one week prior to the date set for
161.13 the meeting.
161.14 Sec. 7. Minnesota Statutes 2002, section 253B.18,
161.15 subdivision 4a, is amended to read:
161.16 Subd. 4a. [RELEASE ON PASS; NOTIFICATION.] A patient who
161.17 has been committed as a person who is mentally ill and dangerous
161.18 and who is confined at a secure treatment facility shall not be
161.19 released on a pass unless the pass is part of a pass plan that
161.20 has been approved by the medical director of the secure
161.21 treatment facility. The pass plan must have a specific
161.22 therapeutic purpose consistent with the treatment plan, must be
161.23 established for a specific period of time, and must have
161.24 specific levels of liberty delineated. The county case manager
161.25 must be invited to participate in the development of the pass
161.26 plan. At least ten days prior to a determination on the plan,
161.27 the medical director shall notify the designated agency, the
161.28 committing court, the county attorney of the county of
161.29 commitment, any victims, an interested person, the local law
161.30 enforcement agency in the location where the pass is to occur,
161.31 the petitioner, and the petitioner's counsel of the plan, the
161.32 nature of the passes proposed, and their right to object to the
161.33 plan. If any notified person objects prior to the proposed date
161.34 of implementation, the person shall have an opportunity to
161.35 appear, personally or in writing, before the medical director,
161.36 within ten days of the objection, to present grounds for
162.1 opposing the plan. The pass plan shall not be implemented until
162.2 the objecting person has been furnished that opportunity.
162.3 Nothing in this subdivision shall be construed to give a patient
162.4 an affirmative right to a pass plan.
162.5 Sec. 8. Minnesota Statutes 2002, section 253B.18,
162.6 subdivision 4b, is amended to read:
162.7 Subd. 4b. [PASS-ELIGIBLE STATUS; NOTIFICATION.] The
162.8 following patients committed to a secure treatment facility
162.9 shall not be placed on pass-eligible status unless that status
162.10 has been approved by the medical director of the secure
162.11 treatment facility:
162.12 (a) a patient who has been committed as a person who is
162.13 mentally ill and dangerous and who:
162.14 (1) was found incompetent to proceed to trial for a felony
162.15 or was found not guilty by reason of mental illness of a felony
162.16 immediately prior to the filing of the commitment petition;
162.17 (2) was convicted of a felony immediately prior to or
162.18 during commitment as a person who is mentally ill and dangerous;
162.19 or
162.20 (3) is subject to a commitment to the commissioner of
162.21 corrections; and
162.22 (b) a patient who has been committed as a psychopathic
162.23 personality, a sexually psychopathic personality, or a sexually
162.24 dangerous person.
162.25 At least ten days prior to a determination on the status,
162.26 the medical director shall notify the committing court, the
162.27 county attorney of the county of commitment, the designated
162.28 agency, any victims, an interested person, the petitioner, and
162.29 the petitioner's counsel of the proposed status, and their right
162.30 to request review by the special review board. If within ten
162.31 days of receiving notice any notified person requests review by
162.32 filing a notice of objection with the commissioner and the head
162.33 of the treatment facility, a hearing shall be held before the
162.34 special review board. The proposed status shall not be
162.35 implemented unless it receives a favorable recommendation by a
162.36 majority of the board and approval by the commissioner. The
163.1 order of the commissioner is appealable as provided in section
163.2 253B.19.
163.3 Nothing in this subdivision shall be construed to give a
163.4 patient an affirmative right to seek pass-eligible status from
163.5 the special review board.
163.6 Sec. 9. Minnesota Statutes 2002, section 253B.18,
163.7 subdivision 4c, is amended to read:
163.8 Subd. 4c. [SPECIAL REVIEW BOARD.] (a) The commissioner
163.9 shall establish one or more panels of a special review board for
163.10 persons committed as mentally ill and dangerous to the public.
163.11 The board shall consist of three members experienced in the
163.12 field of mental illness. One member of each special review
163.13 board panel shall be a psychiatrist and one member shall be an
163.14 attorney. No member shall be affiliated with the Department of
163.15 Human Services. The special review board shall meet at least
163.16 every six months and at the call of the commissioner. It shall
163.17 hear and consider all petitions for transfer from a secure
163.18 treatment facility; all petitions for discharge, provisional
163.19 discharge, and revocation of provisional discharge; written
163.20 statements from victims, if any; and make recommendations to the
163.21 commissioner concerning them the petitions and statements.
163.22 Patients may be transferred by the commissioner between secure
163.23 treatment facilities without a special review board hearing.
163.24 (b) Members of the special review board shall receive
163.25 compensation and reimbursement for expenses as established by
163.26 the commissioner.
163.27 Sec. 10. Minnesota Statutes 2002, section 253B.18,
163.28 subdivision 5, is amended to read:
163.29 Subd. 5. [PETITION; NOTICE OF HEARING; ATTENDANCE; ORDER.]
163.30 (a) A petition for an order of transfer, discharge, provisional
163.31 discharge, or revocation of provisional discharge shall be filed
163.32 with the commissioner and may be filed by the patient or by the
163.33 head of the treatment facility. A patient may not petition the
163.34 special review board for six months following commitment under
163.35 subdivision 3 or following the final disposition of any previous
163.36 petition and subsequent appeal by the patient. The medical
164.1 director may petition at any time.
164.2 (b) Fourteen days prior to the hearing, the committing
164.3 court, the county attorney of the county of commitment, the
164.4 designated agency, any victims, an interested person, the
164.5 petitioner, and the petitioner's counsel shall be given written
164.6 notice by the commissioner of the time and place of the hearing
164.7 before the special review board. Only those entitled to
164.8 statutory notice of the hearing or those administratively
164.9 required to attend may be present at the hearing. The patient
164.10 may designate interested persons to receive notice by providing
164.11 the names and addresses to the commissioner at least 21 days
164.12 before the hearing. The board shall provide the commissioner
164.13 with written findings of fact and recommendations within 21 days
164.14 of the hearing. The commissioner shall issue an order no later
164.15 than 14 days after receiving the recommendation of the special
164.16 review board. A copy of the order shall be sent by certified
164.17 mail to every person entitled to statutory notice of the hearing
164.18 within five days after it is signed. No order by the
164.19 commissioner shall be effective sooner than 30 days after the
164.20 order is signed, unless the county attorney, the patient, and
164.21 the commissioner agree that it may become effective sooner.
164.22 (c) The special review board shall hold a hearing on each
164.23 petition prior to making its recommendation to the
164.24 commissioner. The special review board proceedings are not
164.25 contested cases as defined in chapter 14. Any person or agency
164.26 receiving notice that submits documentary evidence to the
164.27 special review board prior to the hearing shall also provide
164.28 copies to the patient, the patient's counsel, the county
164.29 attorney of the county of commitment, any victims, the case
164.30 manager, and the commissioner.
164.31 (d) Prior to the final decision by the commissioner, the
164.32 special review board may be reconvened to consider events or
164.33 circumstances that occurred subsequent to the hearing.
164.34 Sec. 11. Minnesota Statutes 2002, section 253B.19,
164.35 subdivision 2, is amended to read:
164.36 Subd. 2. [PETITION; HEARING.] The committed person or the
165.1 county attorney of the county from which a patient was committed
165.2 as a person who is mentally ill and dangerous to the public, or
165.3 as a sexual psychopathic personality or as a sexually dangerous
165.4 person may petition the appeal panel for a rehearing and
165.5 reconsideration of a decision by the commissioner. The petition
165.6 shall be filed with the Supreme Court within 30 days after the
165.7 decision of the commissioner is signed. The Supreme Court shall
165.8 refer the petition to the chief judge of the appeal panel. The
165.9 chief judge shall notify the patient, the county attorney of the
165.10 county of commitment, the designated agency, the commissioner,
165.11 the head of the treatment facility, any victims, any interested
165.12 person, and other persons the chief judge designates, of the
165.13 time and place of the hearing on the petition. The notice shall
165.14 be given at least 14 days prior to the date of the hearing. The
165.15 hearing shall be within 45 days of the filing of the petition
165.16 unless an extension is granted for good cause. Any person may
165.17 oppose the petition. The appeal panel may appoint examiners and
165.18 may adjourn the hearing from time to time. It shall hear and
165.19 receive all relevant testimony and evidence and make a record of
165.20 all proceedings. The patient, patient's counsel, and the county
165.21 attorney of the committing county may be present and present and
165.22 cross-examine all witnesses. The petitioning party bears the
165.23 burden of going forward with the evidence. The party opposing
165.24 discharge bears the burden of proof by clear and convincing
165.25 evidence that the respondent is in need of commitment.
165.26 Sec. 12. Minnesota Statutes 2002, section 253B.20,
165.27 subdivision 3, is amended to read:
165.28 Subd. 3. [NOTICE TO DESIGNATED AGENCY AND VICTIMS.] The
165.29 head of the treatment facility, upon the provisional discharge
165.30 of any committed person, shall notify any victims and the
165.31 designated agency before the patient leaves the treatment
165.32 facility. Whenever possible the notice shall be given at least
165.33 one week before the patient is to leave the facility.
165.34 Sec. 13. Minnesota Statutes 2002, section 611A.02,
165.35 subdivision 2, is amended to read:
165.36 Subd. 2. [VICTIMS' RIGHTS.] (a) The Crime Victim and
166.1 Witness Advisory Council shall develop two model notices of the
166.2 rights of crime victims.
166.3 (b) The initial notice of the rights of crime victims must
166.4 be distributed by a peace officer to each victim, as defined in
166.5 section 611A.01, at the time of initial contact with the
166.6 victim. The notice must inform a victim of:
166.7 (1) the victim's right to apply for reparations to cover
166.8 losses, not including property losses, resulting from a violent
166.9 crime and the telephone number to call to request an
166.10 application;
166.11 (2) the victim's right to request that the law enforcement
166.12 agency withhold public access to data revealing the victim's
166.13 identity under section 13.82, subdivision 17, paragraph (d);
166.14 (3) the additional rights of domestic abuse victims as
166.15 described in section 629.341;
166.16 (4) information on the nearest crime victim assistance
166.17 program or resource; and
166.18 (5) the victim's rights, if an offender is charged, to be
166.19 informed of and participate in the prosecution process,
166.20 including the right to request restitution; and
166.21 (6) the victim's rights, if an offender is committed under
166.22 section 253B.185 or 253B.19, to be informed of and participate
166.23 in hearings or other proceedings to consider release or
166.24 discharge from commitment.
166.25 (c) A supplemental notice of the rights of crime victims
166.26 must be distributed by the city or county attorney's office to
166.27 each victim, within a reasonable time after the offender is
166.28 charged or petitioned. This notice must inform a victim of all
166.29 the rights of crime victims under this chapter.