HF 2028

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

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