3rd 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; 171.12, 2.67 subdivision 3; 171.13, by adding a subdivision; 2.68 241.336, by adding a subdivision; 241.67, subdivision 2.69 3; 243.166, as amended; 243.167; 243.24, subdivision 2.70 2; 243.55, subdivision 1; 244.05, subdivisions 1, 3, 2.71 4, 5, 6, 7; 244.052, subdivisions 3, 4, by adding a 3.1 subdivision; 244.195, subdivision 1; 253B.02, by 3.2 adding a subdivision; 253B.07, subdivisions 1, 4; 3.3 253B.08, subdivisions 2, 5a; 253B.16, subdivision 2; 3.4 253B.18, subdivisions 4a, 4b, 4c, 5; 253B.185, 3.5 subdivision 2, by adding a subdivision; 253B.19, 3.6 subdivision 2; 253B.20, subdivision 3; 260C.163, 3.7 subdivision 3; 299A.38, subdivisions 2, 2a; 357.021, 3.8 by adding a subdivision; 401.01, subdivision 2; 3.9 489.01, by adding a subdivision; 604.15, by adding a 3.10 subdivision; 609.1095, subdivision 1; 609.117, 3.11 subdivisions 1, 2; 609.1351; 609.185; 609.2231, 3.12 subdivision 1; 609.321, subdivision 7, by adding a 3.13 subdivision; 609.341, by adding subdivisions; 609.342; 3.14 609.343; 609.344; 609.345; 609.3452, subdivision 4; 3.15 609.347; 609.3471; 609.348; 609.353; 609.487, by 3.16 adding a subdivision; 609.50, subdivision 1; 609.505; 3.17 609.5315, subdivision 1, by adding a subdivision; 3.18 609.746, subdivision 1; 609.748, subdivisions 2, 3a; 3.19 609.749, subdivisions 1, 2; 611.16; 611.215, 3.20 subdivision 1; 611A.02, subdivision 2; 631.045; 3.21 Minnesota Statutes 2003 Supplement, sections 152.021, 3.22 subdivisions 2a, 3; 270A.03, subdivision 5; 357.021, 3.23 subdivisions 6, 7; 609.2231, subdivision 3; 611.14; 3.24 611.17, subdivision 1; 611.25, subdivision 1; 611.26, 3.25 subdivision 6; 611.272; proposing coding for new law 3.26 in Minnesota Statutes, chapters 152; 244; 299A; 446A; 3.27 590; 609; proposing coding for new law as Minnesota 3.28 Statutes, chapter 545A; repealing Minnesota Statutes 3.29 2002, sections 18C.005, subdivisions 1a, 35a; 18C.201, 3.30 subdivisions 6, 7; 18D.331, subdivision 5; 243.166, 3.31 subdivisions 1, 8; 299A.64; 299A.65; 299A.66; 486.055; 3.32 609.108; 609.109; Minnesota Statutes 2003 Supplement, 3.33 section 611.18. 3.34 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 3.35 ARTICLE 1 3.36 APPROPRIATIONS 3.37 Section 1. [CORRECTIONS AND CRIMINAL JUSTICE APPROPRIATIONS AND 3.38 TRANSFERS.] 3.39 The dollar amounts in the columns under "APPROPRIATION 3.40 CHANGE" are added to or, if shown in parentheses, are subtracted 3.41 from the appropriations in Laws 2003, First Special Session 3.42 chapter 2, article 1, or other law to the specified agencies. 3.43 The appropriations are from the general fund or other named fund 3.44 and are available for the fiscal years indicated for each 3.45 purpose. The figures "2004" and "2005" used in this article 3.46 mean that the addition to or subtraction from the appropriations 3.47 listed under the figure is for the fiscal years ending June 30, 3.48 2004, and June 30, 2005, respectively. 3.49 SUMMARY BY FUND 3.50 2004 2005 TOTAL 3.51 GENERAL $ 155,000 $16,818,000 $16,973,000 3.52 STATE GOVERNMENT 4.1 SPECIAL REVENUE 3,475,000 -0- 3,475,000 4.2 TOTAL $3,630,000 $16,818,000 $20,448,000 4.3 APPROPRIATIONS 4.4 Available for the Year 4.5 Ending June 30 4.6 2004 2005 4.7 Sec. 2. CORRECTIONS 4.8 Subdivision 1. Total 4.9 Appropriation $ -0- $ 6,744,000 4.10 Subd. 2. Eliminate Gate Money 4.11 for Supervised Release Violators 4.12 and Short-Term Offenders -0- (84,000) 4.13 This reduction is from the 4.14 appropriation in Laws 2003, First 4.15 Special Session chapter 2, article 1, 4.16 section 13. 4.17 Subd. 3. Increased 4.18 Prison Population -0- 2,850,000 4.19 This is a onetime appropriation. 4.20 Subd. 4. Methamphetamine 4.21 Enforcement and Awareness -0- 322,000 4.22 Subd. 5. Behavioral Treatment 4.23 Programs for Offenders -0- 1,000,000 4.24 Subd. 6. GPS for All Level 4.25 3 Sex Offenders -0- 162,000 4.26 Subd. 7. Intensive Supervised 4.27 Release Services -0- 1,800,000 4.28 To provide intensive supervised release 4.29 services in unserved counties and to 4.30 increase services to existing intensive 4.31 supervised release programs for 4.32 high-risk sex offenders. 4.33 As of June 30, 2004, any unused funds 4.34 dedicated to remote electronic alcohol 4.35 monitoring shall be available for use 4.36 as grants to counties to establish and 4.37 operate programs of intensive probation 4.38 for repeat violators of the driving 4.39 while impaired laws as provided for in 4.40 Minnesota Statutes, section 169A.74. 4.41 Subd. 8. Assessment and Evaluation 4.42 of High-Risk Sex Offenders -0- 335,000 4.43 Subd. 9. Revocation Hearings 4.44 for Sex Offenders -0- 190,000 4.45 Subd. 10. Track and Capture 4.46 Fugitive Sex Offenders -0- 69,000 4.47 Subd. 11. Community Notification 4.48 for Sex Offenders Moving into the 4.49 State -0- 100,000 4.50 The base for this appropriation shall 4.51 be $150,000 in fiscal year 2006 and 4.52 $150,000 in fiscal year 2007. 5.1 Subd. 12. Increased Sex Offender 5.2 Impact 5.3 The base for this appropriation shall 5.4 be $832,000 in fiscal year 2006 and 5.5 $2,159,000 in fiscal year 2007. 5.6 Subd. 13. Rush City Per Diem 5.7 By June 30, 2004, the commissioner of 5.8 the Department of Corrections shall 5.9 transfer $500,000 to the general fund 5.10 from the per diem receipts collected 5.11 and deposited in the special revenue 5.12 fund for renting beds at the Rush City 5.13 Correctional Facility, as authorized in 5.14 Laws 2003, First Special Session 5.15 chapter 2, article 1, section 13, 5.16 subdivision 2. 5.17 Sec. 3. SENTENCING GUIDELINES -0- 40,000 5.18 The Sentencing Guidelines Commission, 5.19 in consultation with the chairs and 5.20 ranking minority members of the senate 5.21 and house committees having 5.22 jurisdiction over criminal justice 5.23 policy and finance, shall conduct a 5.24 study of alternatives to Minnesota's 5.25 current system of determinate 5.26 sentencing guidelines. The study must 5.27 explore whether alternative sentencing 5.28 approaches would improve the operation, 5.29 effectiveness, and outcomes of 5.30 Minnesota's criminal justice system. 5.31 The commission shall report findings 5.32 and recommendations from this study to 5.33 the chairs and ranking minority members 5.34 of the senate and house committees 5.35 having jurisdiction over criminal 5.36 justice policy by February 15, 2005. 5.37 (a) Study of determinate and 5.38 indeterminate sentencing. The study 5.39 must: 5.40 (1) review the underlying philosophy, 5.41 goals and objectives, structure, 5.42 operation, and state outcome measures 5.43 of the two sentencing systems; 5.44 (2) identify the benefits and 5.45 limitations of each sentencing system 5.46 to the state; 5.47 (3) define the role and uses of 5.48 incarceration under each system; and 5.49 (4) outline the potential benefits and 5.50 limitations of a hybrid determinate and 5.51 indeterminate sentencing model. 5.52 (b) Study of alternative sentencing 5.53 options. The study must: 5.54 (1) identify categories of offenders 5.55 for whom the state's current 5.56 determinate sentencing practices may be 5.57 inappropriate, explaining in detail the 5.58 basis for any conclusion; 6.1 (2) identify, describe, and critically 6.2 evaluate any alternative to determinate 6.3 sentencing that is deemed to be 6.4 practical; 6.5 (3) examine and evaluate the factors 6.6 that might be used to release, after a 6.7 period of years, offenders convicted of 6.8 a violent crime, including but not 6.9 limited to: 6.10 (i) the efficacy of chemical or 6.11 behavioral treatment; 6.12 (ii) the efficacy of matching the 6.13 granting or withdrawal of good time 6.14 credit depending upon the offender's 6.15 progress in treatment programs; and 6.16 (iii) the efficacy of denying release 6.17 based upon an assessment of recidivism 6.18 risk; 6.19 (4) examine the experience of other 6.20 states with indeterminate sentencing 6.21 practices, hybrid practices that blend 6.22 determinate and indeterminate 6.23 sentences, and determinate sentencing 6.24 laws that differ from practices in 6.25 Minnesota; and 6.26 (5) include detailed recommendations 6.27 for possible statutory or regulatory 6.28 revisions, as may be needed to 6.29 implement conclusions in the report. 6.30 (c) Study of alternative sentencing 6.31 options for drug offenders. The study 6.32 must: 6.33 (1) identify categories of offenders 6.34 for whom the state's current 6.35 determinate sentencing practices may be 6.36 inappropriate, explaining in detail the 6.37 basis for any conclusion; 6.38 (2) identify, describe, and critically 6.39 evaluate any alternative to determinate 6.40 sentencing that is deemed to be 6.41 practical; 6.42 (3) examine and evaluate the factors 6.43 that might be used to release or divert 6.44 drug offenders, including but not 6.45 limited to: 6.46 (i) the efficacy of chemical or 6.47 behavioral treatment; 6.48 (ii) the efficacy of matching the 6.49 granting or withdrawal of good time 6.50 credit depending upon the offender's 6.51 progress in treatment programs; and 6.52 (iii) the efficacy of denying release 6.53 based upon an assessment of recidivism 6.54 risk; 6.55 (4) examine the experience of other 6.56 states with diversion to treatment 6.57 programs, hybrid practices that blend 7.1 determinate sentences and diversion, 7.2 and determinate sentencing laws that 7.3 differ from practices in Minnesota; and 7.4 (5) include detailed recommendations 7.5 for possible statutory or regulatory 7.6 revisions, as may be needed to 7.7 implement conclusions in the report. 7.8 By December 15, 2004, the Sentencing 7.9 Guidelines Commission shall disclose a 7.10 completed draft of the report to the 7.11 commissioner of corrections, 7.12 commissioner of health, state public 7.13 defender, and the attorney general for 7.14 review of the findings and 7.15 recommendations in the report. Written 7.16 comments about the report received by 7.17 the commission by January 14, 2005, 7.18 from any of the officials listed in 7.19 this subdivision shall be included in 7.20 the appendix to the final report that 7.21 is submitted to the legislature. 7.22 Sec. 4. HUMAN RIGHTS -0- (105,000) 7.23 This reduction is from the 7.24 appropriation in Laws 2003, First 7.25 Special Session chapter 2, article 1, 7.26 section 12. 7.27 Sec. 5. BOARD ON JUDICIAL 7.28 STANDARDS 155,000 -0- 7.29 This amount is appropriated in fiscal 7.30 year 2004 for deficiency costs related 7.31 to proceedings against a judge and 7.32 shall remain available for expenditure 7.33 until June 30, 2005. 7.34 Sec. 6. BOARD OF PUBLIC DEFENSE 7.35 Subdivision 1. Total 7.36 Appropriation -0- 4,943,000 7.37 Subd. 2. Funding Increase 7.38 Related to Loss of Public Defender 7.39 Co-Pay Revenue -0- 3,000,000 7.40 This appropriation is in addition to 7.41 any appropriation provided by Laws 7.42 2003, First Special Session chapter 2, 7.43 article 1, section 8, and is added to 7.44 the base level funding. 7.45 Subd. 3. Costs for Sex 7.46 Offender Assessment Process for 7.47 Community Notification -0- 200,000 7.48 Subd. 4. Increased Methamphetamine 7.49 Case Load -0- 206,000 7.50 The base for this appropriation shall 7.51 be $399,000 in fiscal year 2006 and 7.52 $399,000 in fiscal year 2007. 7.53 Subd. 5. Increased Sex Offender 7.54 Case Load -0- 1,537,000 7.55 The base for this appropriation shall 7.56 be $3,074,000 in fiscal year 2006 and 8.1 $3,074,000 in fiscal year 2007. 8.2 Sec. 7. SUPREME COURT -0- (1,572,000) 8.3 This is a reduction to the 8.4 appropriation to civil legal services 8.5 as provided for in Laws 2003, First 8.6 Special Session chapter 2, article 1, 8.7 section 2. 8.8 The State Court administrator shall 8.9 study and evaluate the impact of the 8.10 sex offender legislation contained in 8.11 this act on the courts and the public 8.12 defender system and prepare a report to 8.13 the legislature that identifies and 8.14 explains the results of the study and 8.15 evaluation. The report is due to the 8.16 chairs and ranking minority members of 8.17 the house and senate committees having 8.18 jurisdiction over criminal justice 8.19 policy and finance by February 15, 2005. 8.20 Sec. 8. DISTRICT COURTS 8.21 Subdivision 1. Total 8.22 Appropriation -0- 2,632,000 8.23 Subd. 2. Increased Methamphetamine 8.24 Case Load -0- 53,000 8.25 Subd. 3. Ramsey County Criminal 8.26 Surcharge -0- 108,000 8.27 This appropriation is for 8.28 administration of the petty misdemeanor 8.29 diversion program operated by the 8.30 Second Judicial District Ramsey County 8.31 Violations Bureau. 8.32 This appropriation is contingent on the 8.33 Ramsey County Board authorizing the 8.34 surcharge in article 8, sections 5 and 8.35 6. 8.36 The base for this appropriation shall 8.37 be $118,000 in fiscal year 2006 and 8.38 $118,000 in fiscal year 2007. 8.39 Subd. 4. Increased Sex Offender 8.40 Case Load -0- 2,471,000 8.41 The base for this appropriation shall 8.42 be $4,942,000 in fiscal year 2006 and 8.43 $4,942,000 in fiscal year 2007. 8.44 Sec. 9. PUBLIC SAFETY 8.45 Subdivision 1. Total 8.46 Appropriation 3,475,000 4,136,000 8.47 SUMMARY BY FUND 8.48 2004 2005 8.49 GENERAL $ -0- $ 4,136,000 8.50 STATE GOVERNMENT 8.51 SPECIAL REVENUE 3,475,000 -0- 8.52 Subd. 2. Operating Budget 9.1 Reduction -0- (1,612,000) 9.2 This reduction is from the 9.3 appropriation in Laws 2003, First 9.4 Special Session chapter 2, article 1, 9.5 section 9. 9.6 Subd. 3. Criminal Apprehension -0- 1,495,000 9.7 For special agents and support staff to 9.8 enforce predator offender compliance, 9.9 scientists and equipment to process DNA 9.10 and other critical evidence, and to 9.11 improve the predator offender database. 9.12 Subd. 4. Methamphetamine 9.13 Enforcement and Awareness -0- 40,000 9.14 This appropriation is for the 9.15 methamphetamine retail and consumer 9.16 education program described in article 9.17 6, section 13. This is a onetime 9.18 appropriation. 9.19 Subd 5. To Reform and Enhance 9.20 the Gang and Drug Task Forces -0- 2,650,000 9.21 Subd. 6. To match federal 9.22 grants in support of state and local 9.23 delinquency prevention and 9.24 intervention efforts -0- 106,000 9.25 Subd. 7. Fire Marshal -0- 565,000 9.26 Subd. 8. Homeless Sex Offender 9.27 Registration -0- 100,000 9.28 This is a onetime appropriation. 9.29 Subd. 9. Community Notification 9.30 for Sex Offenders Moving Into the 9.31 State -0- 100,000 9.32 Subd. 10. 911 Emergency 9.33 Telecommunications Services 3,475,000 -0- 9.34 For expenditures related to the 911 9.35 program as specified by session law and 9.36 statute. This appropriation is from 9.37 the state government special revenue 9.38 fund for 911 emergency 9.39 telecommunications services. 9.40 This is a onetime appropriation. 9.41 Subd. 11. Crime Victims 9.42 Services -0- 532,000 9.43 This appropriation is for crime victim 9.44 services programming to ensure that no 9.45 one judicial district will receive more 9.46 than a 12 percent reduction in funding 9.47 for crime victim services in state 9.48 fiscal year 2005 versus fiscal year 9.49 2004. This is a onetime appropriation. 9.50 Subd. 12. Special Revenue Spending 9.51 Authorization from Criminal Justice Special 9.52 Projects Account 9.53 Remaining balances in the special 10.1 revenue fund from spending authorized 10.2 by Laws 2001, First Special Session 10.3 chapter 8, article 7, section 14, 10.4 subdivision 1, for which spending 10.5 authorization ended June 30, 2003, 10.6 under Laws 2001, First Special Session 10.7 chapter 8, article 7, section 14, 10.8 subdivision 3, are transferred to the 10.9 general fund. 10.10 Subd. 13. Regional Chemical 10.11 Assessment Team 160,000 10.12 To create a chemical assessment team in 10.13 International Falls to respond 10.14 regionally to hazardous materials 10.15 incidents. This appropriation is from 10.16 the general fund. 10.17 Sec. 10. SUNSET OF UNCODIFIED 10.18 LANGUAGE 10.19 All uncodified language contained in 10.20 this article expires on June 30, 2005, 10.21 unless a different expiration date is 10.22 explicit. 10.23 ARTICLE 2 10.24 MANDATORY LIFE SENTENCES AND INDETERMINATE SENTENCES FOR 10.25 SEX OFFENDERS; OTHER SEX OFFENDER SENTENCING CHANGES 10.26 Section 1. [LEGISLATIVE FINDINGS AND PURPOSE.] 10.27 The legislature finds that sex offenders pose a significant 10.28 threat to public safety, are unique in their psychological 10.29 makeup, and are particularly likely to continue to be dangerous 10.30 after their release from imprisonment. The legislature also 10.31 finds that sex offenders inflict long-standing psychological 10.32 harm on their victims and significantly undermine victim and 10.33 community safety to a greater extent than most other criminal 10.34 offenses. Based on these findings, the legislature believes sex 10.35 offenders need long-term supervision and treatment beyond that 10.36 provided other offenders. The legislature further believes this 10.37 type of supervision and treatment is best provided in a secure 10.38 correctional facility and public safety warrants the use of 10.39 state resources for this purpose. 10.40 The legislature's purpose in enacting this legislation is 10.41 to provide courts and corrections and treatment professionals 10.42 with the tools necessary to protect public safety through use of 10.43 longer, more flexible sentences than currently provided by law. 10.44 The legislature intends that a sex offender's past and future 11.1 dangerousness be considered both in sentencing and release 11.2 decisions. 11.3 Sec. 2. [244.048] [DEFINITIONS.] 11.4 For the purpose of sections 244.05 to 244.0515, the 11.5 following terms have the meanings given them, unless otherwise 11.6 noted. 11.7 (a) "Conditional release" means the release of an inmate 11.8 subject to conditions, as described in sections 244.0514 and 11.9 609.3459. 11.10 (b) "First eligible for release" has the meaning given in 11.11 section 609.341, subdivision 23. 11.12 (c) "Minimum term of imprisonment" has the meaning given in 11.13 section 609.341, subdivision 24. 11.14 (d) "Minnesota Sex Offender Review Board" or "Board" has 11.15 the meaning given in section 244.0515, subdivision 1, paragraph 11.16 (a). 11.17 (e) "Sex offense" has the meaning given in section 609.341, 11.18 subdivision 26. 11.19 [EFFECTIVE DATE.] This section is effective August 1, 2004, 11.20 and applies to crimes committed on or after that date. 11.21 Sec. 3. Minnesota Statutes 2002, section 244.05, 11.22 subdivision 5, is amended to read: 11.23 Subd. 5. [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 11.24 commissioner of corrections may, under rules promulgated by the 11.25 commissioner, give supervised release to an inmate serving a 11.26 mandatory life sentence under section 609.185, clause (1), (3), 11.27 (5), or (6); 609.109, subdivision 2a;, or 609.385 after the 11.28 inmate has served the minimum term of imprisonment specified in 11.29 subdivision 4. 11.30 (b) The commissioner shall require the preparation of a 11.31 community investigation report and shall consider the findings 11.32 of the report when making a supervised release decision under 11.33 this subdivision or a conditional release decision under section 11.34 244.0514. The report shall reflect the sentiment of the various 11.35 elements of the community toward the inmate, both at the time of 11.36 the offense and at the present time. The report shall include 12.1 the views of the sentencing judge, the prosecutor, any law 12.2 enforcement personnel who may have been involved in the case, 12.3 and any successors to these individuals who may have information 12.4 relevant to the supervised release or conditional release 12.5 decision. The report shall also include the views of the victim 12.6 and the victim's family unless the victim or the victim's family 12.7 chooses not to participate. The commissioner must submit the 12.8 report required by this paragraph to the Minnesota Sex Offender 12.9 Review Board described in section 244.0515 at least six months 12.10 before the inmate is first eligible for release. The 12.11 commissioner also shall give the board, on request, any and all 12.12 information the commissioner gathered for use in compiling the 12.13 report. 12.14 (c) The commissioner shall make reasonable efforts to 12.15 notify the victim, in advance, of the time and place of the 12.16 inmate's supervised release review hearing. The victim has a 12.17 right to submit an oral or written statement at the review 12.18 hearing. The statement may summarize the harm suffered by the 12.19 victim as a result of the crime and give the victim's 12.20 recommendation on whether the inmate should be given supervised 12.21 release at this time. The commissioner must consider the 12.22 victim's statement when making the supervised release decision. 12.23 (d) As used in this subdivision, "victim" means the 12.24 individual who suffered harm as a result of the inmate's crime 12.25 or, if the individual is deceased, the deceased's surviving 12.26 spouse or next of kin. 12.27 [EFFECTIVE DATE.] This section is effective August 1, 2004, 12.28 and applies to crimes committed on or after that date. 12.29 Sec. 4. [244.0514] [CONDITIONAL RELEASE TERM FOR SEX 12.30 OFFENSES.] 12.31 Subdivision 1. [CONDITIONAL RELEASE REQUIRED.] Except as 12.32 provided in subdivision 3, every inmate sentenced for a sex 12.33 offense shall serve a conditional release term as provided in 12.34 section 609.3459 upon the person's release from a state 12.35 correctional facility. 12.36 Subd. 2. [RELATIONSHIP TO SUPERVISED RELEASE.] Except as 13.1 otherwise provided in this section and sections 244.0515 and 13.2 609.3459, the provisions related to supervised release in 13.3 section 244.05 apply to inmates on conditional release. 13.4 Subd. 3. [MINIMUM IMPRISONMENT; LIFE SENTENCE.] An inmate 13.5 serving a mandatory life sentence under section 609.342, 13.6 subdivision 2, or section 609.3458, subdivision 3, must not be 13.7 given conditional release under this section unless the inmate 13.8 is serving an indeterminate sentence under section 609.3455. An 13.9 inmate serving a mandatory life sentence under section 609.3455 13.10 must not be given conditional release under this section without 13.11 having first served the minimum term of imprisonment specified 13.12 by the court under section 609.3455, subdivision 2. An inmate 13.13 serving a mandatory life sentence under section 609.3458, 13.14 subdivision 3, must not be given conditional release under this 13.15 section without having first served a minimum of 30 years 13.16 imprisonment. 13.17 Subd. 4. [CONDITIONAL RELEASE; LIFE SENTENCE.] (a) Except 13.18 as provided in paragraph (b), the Minnesota Sex Offender Review 13.19 Board may give conditional release to an inmate serving a 13.20 mandatory life sentence under section 609.3455 after the inmate 13.21 has served the minimum term of imprisonment specified in 13.22 subdivision 3. 13.23 (b) The Minnesota Sex Offender Review Board may give 13.24 conditional release to an inmate sentenced under section 13.25 609.3458, subdivision 3 after the inmate has served 30 years 13.26 imprisonment. 13.27 (c) The terms of conditional release are governed by this 13.28 section and section 609.3459. 13.29 [EFFECTIVE DATE.] This section is effective August 1, 2004, 13.30 and applies to crimes committed on or after that date. 13.31 Sec. 5. Minnesota Statutes 2002, section 244.052, 13.32 subdivision 3, is amended to read: 13.33 Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 13.34 commissioner of corrections shall establish and administer 13.35 end-of-confinement review committees at each state correctional 13.36 facility and at each state treatment facility where predatory 14.1 offenders are confined. The committees shall assess on a 14.2 case-by-case basis the public risk posed by predatory offenders 14.3 who are about to be released from confinement. 14.4 (b) Each committee shall be a standing committee and shall 14.5 consist of the following members appointed by the commissioner: 14.6 (1) the chief executive officer or head of the correctional 14.7 or treatment facility where the offender is currently confined, 14.8 or that person's designee; 14.9 (2) a law enforcement officer; 14.10 (3) a treatment professional who is trained in the 14.11 assessment of sex offenders; 14.12 (4) a caseworker experienced in supervising sex offenders; 14.13 and 14.14 (5) a victim's services professional. 14.15 Members of the committee, other than the facility's chief 14.16 executive officer or head, shall be appointed by the 14.17 commissioner to two-year terms. The chief executive officer or 14.18 head of the facility or designee shall act as chair of the 14.19 committee and shall use the facility's staff, as needed, to 14.20 administer the committee, obtain necessary information from 14.21 outside sources, and prepare risk assessment reports on 14.22 offenders. 14.23 (c) The committee shall have access to the following data 14.24 on a predatory offender only for the purposes of its assessment 14.25 and to defend the committee's risk assessment determination upon 14.26 administrative review under this section: 14.27 (1) private medical data under section 13.384 or 144.335, 14.28 or welfare data under section 13.46 that relate to medical 14.29 treatment of the offender; 14.30 (2) private and confidential court services data under 14.31 section 13.84; 14.32 (3) private and confidential corrections data under section 14.33 13.85; and 14.34 (4) private criminal history data under section 13.87. 14.35 Data collected and maintained by the committee under this 14.36 paragraph may not be disclosed outside the committee, except as 15.1 provided under section 13.05, subdivision 3 or 4. The predatory 15.2 offender has access to data on the offender collected and 15.3 maintained by the committee, unless the data are confidential 15.4 data received under this paragraph. 15.5 (d)(i) Except as otherwise provided initemitems (ii), 15.6 (iii), and (iv), at least 90 days before a predatory offender is 15.7 to be released from confinement, the commissioner of corrections 15.8 shall convene the appropriate end-of-confinement review 15.9 committee for the purpose of assessing the risk presented by the 15.10 offender and determining the risk level to which the offender 15.11 shall be assigned under paragraph (e). The offender and the law 15.12 enforcement agency that was responsible for the charge resulting 15.13 in confinement shall be notified of the time and place of the 15.14 committee's meeting. The offender has a right to be present and 15.15 be heard at the meeting. The law enforcement agency may provide 15.16 material in writing that is relevant to the offender's risk 15.17 level to the chair of the committee. The committee shall use 15.18 the risk factors described in paragraph (g) and the risk 15.19 assessment scale developed under subdivision 2 to determine the 15.20 offender's risk assessment score and risk level. Offenders 15.21 scheduled for release from confinement shall be assessed by the 15.22 committee established at the facility from which the offender is 15.23 to be released. 15.24 (ii) If an offender is received for confinement in a 15.25 facility with less than 90 days remaining in the offender's term 15.26 of confinement, the offender's risk shall be assessed at the 15.27 first regularly scheduled end of confinement review committee 15.28 that convenes after the appropriate documentation for the risk 15.29 assessment is assembled by the committee. The commissioner 15.30 shall make reasonable efforts to ensure that offender's risk is 15.31 assessed and a risk level is assigned or reassigned at least 30 15.32 days before the offender's release date. 15.33 (iii) If the offender is subject to an indeterminate 15.34 sentence under section 609.3455 or was sentenced under section 15.35 609.3458, subdivision 3, the commissioner of corrections shall 15.36 convene the appropriate end-of-confinement review committee at 16.1 least nine months before the offender is first eligible for 16.2 release. If the offender is received for confinement in a 16.3 facility with fewer than nine months remaining before the 16.4 offender is first eligible for release, the committee shall 16.5 conform its procedures to those outlined in item (ii) to the 16.6 extent practicable. 16.7 (iv) If the predatory offender is granted conditional 16.8 release under section 244.0515, the commissioner of corrections 16.9 shall notify the appropriate end-of-confinement review committee 16.10 that it needs to review the offender's previously determined 16.11 risk level at its next regularly scheduled meeting. The 16.12 commissioner shall make reasonable efforts to ensure that the 16.13 offender's earlier risk level determination is reviewed and the 16.14 risk level is confirmed or reassigned at least 60 days before 16.15 the offender's release date. The committee shall give the 16.16 report to the offender and to the law enforcement agency at 16.17 least 60 days before an offender is released from confinement. 16.18 (e) The committee shall assign to risk level I a predatory 16.19 offender whose risk assessment score indicates a low risk of 16.20 reoffense. The committee shall assign to risk level II an 16.21 offender whose risk assessment score indicates a moderate risk 16.22 of reoffense. The committee shall assign to risk level III an 16.23 offender whose risk assessment score indicates a high risk of 16.24 reoffense. 16.25 (f) Before the predatory offender is released from 16.26 confinement, the committee shall prepare a risk assessment 16.27 report which specifies the risk level to which the offender has 16.28 been assigned and the reasons underlying the committee's risk 16.29 assessment decision. Except for an offender subject to an 16.30 indeterminate sentence under section 609.3455 who has not been 16.31 granted conditional release by the Minnesota Sex Offender Review 16.32 Board, the committee shall give the report to the offender and 16.33 to the law enforcement agency at least 60 days before an 16.34 offender is released from confinement. If the offender is 16.35 subject to an indeterminate sentence and has not yet served the 16.36 entire minimum term of imprisonment, the committee shall give 17.1 the report to the offender, the commissioner, and the Minnesota 17.2 Sex Offender Review Board at least six months before the 17.3 offender is first eligible for release. The committee also 17.4 shall give the board, on request, any and all information the 17.5 committee reviewed in making its risk assessment. If the risk 17.6 assessment is performed under the circumstances described in 17.7 paragraph (d), item (ii), the report shall be given to the 17.8 offender and the law enforcement agency as soon as it is 17.9 available. The committee also shall inform the offender of the 17.10 availability of review under subdivision 6. 17.11 (g) As used in this subdivision, "risk factors" includes, 17.12 but is not limited to, the following factors: 17.13 (1) the seriousness of the offense should the offender 17.14 reoffend. This factor includes consideration of the following: 17.15 (i) the degree of likely force or harm; 17.16 (ii) the degree of likely physical contact; and 17.17 (iii) the age of the likely victim; 17.18 (2) the offender's prior offense history. This factor 17.19 includes consideration of the following: 17.20 (i) the relationship of prior victims to the offender; 17.21 (ii) the number of prior offenses or victims; 17.22 (iii) the duration of the offender's prior offense history; 17.23 (iv) the length of time since the offender's last prior 17.24 offense while the offender was at risk to commit offenses; and 17.25 (v) the offender's prior history of other antisocial acts; 17.26 (3) the offender's characteristics. This factor includes 17.27 consideration of the following: 17.28 (i) the offender's response to prior treatment efforts; and 17.29 (ii) the offender's history of substance abuse; 17.30 (4) the availability of community supports to the offender. 17.31 This factor includes consideration of the following: 17.32 (i) the availability and likelihood that the offender will 17.33 be involved in therapeutic treatment; 17.34 (ii) the availability of residential supports to the 17.35 offender, such as a stable and supervised living arrangement in 17.36 an appropriate location; 18.1 (iii) the offender's familial and social relationships, 18.2 including the nature and length of these relationships and the 18.3 level of support that the offender may receive from these 18.4 persons; and 18.5 (iv) the offender's lack of education or employment 18.6 stability; 18.7 (5) whether the offender has indicated or credible evidence 18.8 in the record indicates that the offender will reoffend if 18.9 released into the community; and 18.10 (6) whether the offender demonstrates a physical condition 18.11 that minimizes the risk of reoffense, including but not limited 18.12 to, advanced age or a debilitating illness or physical condition. 18.13 (h) Upon the request of the law enforcement agency or the 18.14 offender's corrections agent, the commissioner may reconvene the 18.15 end-of-confinement review committee for the purpose of 18.16 reassessing the risk level to which an offender has been 18.17 assigned under paragraph (e). In a request for a reassessment, 18.18 the law enforcement agency which was responsible for the charge 18.19 resulting in confinement or agent shall list the facts and 18.20 circumstances arising after the initial assignment or facts and 18.21 circumstances known to law enforcement or the agent but not 18.22 considered by the committee under paragraph (e) which support 18.23 the request for a reassessment. The request for reassessment by 18.24 the law enforcement agency must occur within 30 days of receipt 18.25 of the report indicating the offender's risk level assignment. 18.26 The offender's corrections agent, in consultation with the chief 18.27 law enforcement officer in the area where the offender resides 18.28 or intends to reside, may request a review of a risk level at 18.29 any time if substantial evidence exists that the offender's risk 18.30 level should be reviewed by an end-of-confinement review 18.31 committee. This evidence includes, but is not limited to, 18.32 evidence of treatment failures or completions, evidence of 18.33 exceptional crime-free community adjustment or lack of 18.34 appropriate adjustment, evidence of substantial community need 18.35 to know more about the offender or mitigating circumstances that 18.36 would narrow the proposed scope of notification, or other 19.1 practical situations articulated and based in evidence of the 19.2 offender's behavior while under supervision. Upon review of the 19.3 request, the end-of-confinement review committee may reassign an 19.4 offender to a different risk level. If the offender is 19.5 reassigned to a higher risk level, the offender has the right to 19.6 seek review of the committee's determination under subdivision 6. 19.7 (i) An offender may request the end-of-confinement review 19.8 committee to reassess the offender's assigned risk level after 19.9 three years have elapsed since the committee's initial risk 19.10 assessment and may renew the request once every two years 19.11 following subsequent denials. In a request for reassessment, 19.12 the offender shall list the facts and circumstances which 19.13 demonstrate that the offender no longer poses the same degree of 19.14 risk to the community. In order for a request for a risk level 19.15 reduction to be granted, the offender must demonstrate full 19.16 compliance with supervised release conditions, completion of 19.17 required post-release treatment programming, and full compliance 19.18 with all registration requirements as detailed in section 19.19 243.166. The offender must also not have been convicted of any 19.20 felony, gross misdemeanor, or misdemeanor offenses subsequent to 19.21 the assignment of the original risk level. The committee shall 19.22 follow the process outlined in paragraphs (a) to (c) in the 19.23 reassessment. An offender who is incarcerated may not request a 19.24 reassessment under this paragraph. 19.25 (j) Offenders returned to prison as release violators shall 19.26 not have a right to a subsequent risk reassessment by the 19.27 end-of-confinement review committee unless substantial evidence 19.28 indicates that the offender's risk to the public has increased. 19.29 (k) The commissioner shall establish an end-of-confinement 19.30 review committee to assign a risk level to offenders who are 19.31 released from a federal correctional facility in Minnesota or 19.32 another state and who intend to reside in Minnesota, and to 19.33 offenders accepted from another state under a reciprocal 19.34 agreement for parole supervision under the interstate compact 19.35 authorized by section 243.16. The committee shall make 19.36 reasonable efforts to conform to the same timelines as applied 20.1 to Minnesota cases. Offenders accepted from another state under 20.2 a reciprocal agreement for probation supervision are not 20.3 assigned a risk level, but are considered downward dispositional 20.4 departures. The probation or court services officer and law 20.5 enforcement officer shall manage such cases in accordance with 20.6 section 244.10, subdivision 2a. The policies and procedures of 20.7 the committee for federal offenders and interstate compact cases 20.8 must be in accordance with all requirements as set forth in this 20.9 section, unless restrictions caused by the nature of federal or 20.10 interstate transfers prevents such conformance. 20.11 (l) If the committee assigns a predatory offender to risk 20.12 level III, the committee shall determine whether residency 20.13 restrictions shall be included in the conditions of the 20.14 offender's release based on the offender's pattern of offending 20.15 behavior. 20.16 [EFFECTIVE DATE.] This section is effective August 1, 2004, 20.17 and applies to crimes committed on or after that date. 20.18 Sec. 6. Minnesota Statutes 2002, section 253B.185, is 20.19 amended by adding a subdivision to read: 20.20 Subd. 7. [REPORT.] The commissioner of corrections must 20.21 prepare a report each fiscal year that identifies and describes 20.22 each circumstance where the commissioner: 20.23 (1) received a person for incarceration with at least 12 20.24 months remaining in the person's term of imprisonment and the 20.25 commissioner did not notify the county attorney of the county 20.26 where the person was convicted at least 12 months before the 20.27 person's release date that a petition for civil commitment may 20.28 be appropriate; or 20.29 (2) received a person for incarceration with less than 12 20.30 months remaining in the person's term of imprisonment and the 20.31 commissioner did not notify the county attorney of the county 20.32 where the person was convicted prior to the person's release 20.33 date that a petition for civil commitment may be appropriate. 20.34 The report is due to the ranking members of the house and 20.35 senate committees having jurisdiction over judiciary finance and 20.36 health and human services finance by October 1 of each year. 21.1 [EFFECTIVE DATE.] This section is effective the day 21.2 following final enactment. 21.3 Sec. 7. Minnesota Statutes 2002, section 609.341, is 21.4 amended by adding a subdivision to read: 21.5 Subd. 22. [CONDITIONAL RELEASE.] "Conditional release" has 21.6 the meaning given in section 244.048, paragraph (a). 21.7 [EFFECTIVE DATE.] This section is effective August 1, 2004, 21.8 and applies to crimes committed on or after that date. 21.9 Sec. 8. Minnesota Statutes 2002, section 609.341, is 21.10 amended by adding a subdivision to read: 21.11 Subd. 23. [FIRST ELIGIBLE FOR RELEASE.] (a) For the 21.12 purpose of an offender sentenced under section 609.3455, "first 21.13 eligible for release" means the day after the inmate has served 21.14 the entire minimum term of imprisonment, plus any disciplinary 21.15 time imposed by the commissioner of corrections. 21.16 (b) In the case of an offender sentenced under section 21.17 609.3458, subdivision 3, "first eligible for release" means the 21.18 day after the inmate has served 30 years imprisonment, plus any 21.19 disciplinary time imposed by the commissioner of corrections. 21.20 [EFFECTIVE DATE.] This section is effective August 1, 2004, 21.21 and applies to crimes committed on or after that date. 21.22 Sec. 9. Minnesota Statutes 2002, section 609.341, is 21.23 amended by adding a subdivision to read: 21.24 Subd. 24. [MINIMUM TERM OF IMPRISONMENT.] "Minimum term of 21.25 imprisonment" means the minimum length of time an offender is 21.26 incarcerated for a sentence imposed under section 609.3455. The 21.27 minimum term of imprisonment is equal to two-thirds of the 21.28 sentence length called for by the presumptive sentence under the 21.29 appropriate cell of the Sentencing Guidelines grid, plus any 21.30 disciplinary time imposed by the commissioner of corrections. 21.31 If the Sentencing Guidelines do not provide the presumptive 21.32 sentence for the offense, the minimum term of imprisonment is as 21.33 provided by statute or, if not so provided, as determined by the 21.34 court. 21.35 [EFFECTIVE DATE.] This section is effective August 1, 2004, 21.36 and applies to crimes committed on or after that date. 22.1 Sec. 10. Minnesota Statutes 2002, section 609.341, is 22.2 amended by adding a subdivision to read: 22.3 Subd. 25. [PREDATORY CRIME.] "Predatory crime" means any 22.4 felony violation of, or felony attempt to violate, section 22.5 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 22.6 609.223; 609.24; 609.245; 609.25; 609.255; 609.365; or 609.582, 22.7 subdivision 1. 22.8 [EFFECTIVE DATE.] This section is effective August 1, 2004, 22.9 and applies to crimes committed on or after that date. 22.10 Sec. 11. Minnesota Statutes 2002, section 609.341, is 22.11 amended by adding a subdivision to read: 22.12 Subd. 26. [SEX OFFENSE.] Unless otherwise provided, "sex 22.13 offense" means any violation of, or attempt to violate, section 22.14 609.342, 609.343, 609.344, 609.345, or 609.3453, or any similar 22.15 statute of the United States or any other state. 22.16 [EFFECTIVE DATE.] This section is effective August 1, 2004, 22.17 and applies to crimes committed on or after that date. 22.18 Sec. 12. Minnesota Statutes 2002, section 609.342, is 22.19 amended to read: 22.20 609.342 [CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.] 22.21 Subdivision 1. [CRIME DEFINED.] A person who engages in 22.22 sexual penetration with another person, or in sexual contact 22.23 with a person under 13 years of age as defined in section 22.24 609.341, subdivision 11, paragraph (c), is guilty of criminal 22.25 sexual conduct in the first degree if any of the following 22.26 circumstances exists: 22.27 (a) the complainant is under 13 years of age and the actor 22.28 is more than 36 months older than the complainant. Neither 22.29 mistake as to the complainant's age nor consent to the act by 22.30 the complainant is a defense; 22.31 (b) the complainant is at least 13 years of age but less 22.32 than 16 years of age and the actor is more than 48 months older 22.33 than the complainant and in a position of authority over the 22.34 complainant. Neither mistake as to the complainant's age nor 22.35 consent to the act by the complainant is a defense; 22.36 (c) circumstances existing at the time of the act cause the 23.1 complainant to have a reasonable fear of imminent great bodily 23.2 harm to the complainant or another; 23.3 (d) the actor is armed with a dangerous weapon or any 23.4 article used or fashioned in a manner to lead the complainant to 23.5 reasonably believe it to be a dangerous weapon and uses or 23.6 threatens to use the weapon or article to cause the complainant 23.7 to submit; 23.8 (e) the actor causes personal injury to the complainant, 23.9 and either of the following circumstances exist: 23.10 (i) the actor uses force or coercion to accomplish sexual 23.11 penetration; or 23.12 (ii) the actor knows or has reason to know that the 23.13 complainant is mentally impaired, mentally incapacitated, or 23.14 physically helpless; 23.15 (f) the actor is aided or abetted by one or more 23.16 accomplices within the meaning of section 609.05, and either of 23.17 the following circumstances exists: 23.18 (i) an accomplice uses force or coercion to cause the 23.19 complainant to submit; or 23.20 (ii) an accomplice is armed with a dangerous weapon or any 23.21 article used or fashioned in a manner to lead the complainant 23.22 reasonably to believe it to be a dangerous weapon and uses or 23.23 threatens to use the weapon or article to cause the complainant 23.24 to submit; 23.25 (g) the actor has a significant relationship to the 23.26 complainant and the complainant was under 16 years of age at the 23.27 time of the sexual penetration. Neither mistake as to the 23.28 complainant's age nor consent to the act by the complainant is a 23.29 defense; or 23.30 (h) the actor has a significant relationship to the 23.31 complainant, the complainant was under 16 years of age at the 23.32 time of the sexual penetration, and: 23.33 (i) the actor or an accomplice used force or coercion to 23.34 accomplish the penetration; 23.35 (ii) the complainant suffered personal injury; or 23.36 (iii) the sexual abuse involved multiple acts committed 24.1 over an extended period of time. 24.2 Neither mistake as to the complainant's age nor consent to 24.3 the act by the complainant is a defense. 24.4 Subd. 2. [PENALTY.] (a)Except as otherwise provided in24.5section 609.109,A person convicted under subdivision 1,may24.6 clause (c), (d), (e), (f), or (h), or convicted for an attempted 24.7 violation of subdivision 1, clause (c), (d), (e), (f), or (h), 24.8 shall be sentenced to imprisonment fornot more than 30 years or24.9to a payment of a fine of not more than $40,000, or bothlife. 24.10 A person convicted under subdivision 1, clause (a), (b), or (g), 24.11 or convicted for an attempted violation of subdivision 1, clause 24.12 (a), (b), or (g), may be sentenced to imprisonment for life. 24.13 (b) In addition to the sentence imposed under paragraph 24.14 (a), the person also may be sentenced to a fine of not more than 24.15 $40,000. 24.16 (c) Unless a longer mandatory minimum sentence is otherwise 24.17 required by law or the Sentencing Guidelines provide for a 24.18 longer presumptive executed sentence, the court shall presume 24.19 that an executed sentence of 144 months must be imposed on an 24.20 offender convicted of violating,this sectionor attempting to 24.21 violate, subdivision 1, clause (a), (b), or (g). Sentencing a 24.22 person in a manner other than that described in this paragraph 24.23 is a departure from the Sentencing Guidelines. 24.24 (d) Unless a longer mandatory minimum sentence is otherwise 24.25 required or the Sentencing Guidelines call for a longer 24.26 presumptive executed sentence, for the purpose of section 24.27 609.3455, the court shall presume the minimum term of 24.28 imprisonment for a conviction under subdivision 1, clause (a), 24.29 (b), or (g) is 96 months, and the minimum term of imprisonment 24.30 for a conviction for an attempted violation of subdivision 1, 24.31 clause (a), (b), or (g) is 48 months. 24.32 Subd. 3. [STAY.] Except when imprisonment is required 24.33 under section609.109609.3458, if a person is convicted under 24.34 subdivision 1, clause (g), the court may stay imposition or 24.35 execution of the sentence if it finds that: 24.36 (a) a stay is in the best interest of the complainant or 25.1 the family unit; and 25.2 (b) a professional assessment indicates that the offender 25.3 has been accepted by and can respond to a treatment program. 25.4 If the court stays imposition or execution of sentence, it 25.5 shall include the following as conditions of probation: 25.6 (1) incarceration in a local jail or workhouse; 25.7 (2) a requirement that the offender complete a treatment 25.8 program; and 25.9 (3) a requirement that the offender have no unsupervised 25.10 contact with the complainant until the offender has successfully 25.11 completed the treatment program unless approved by the treatment 25.12 program and the supervising correctional agent. 25.13 [EFFECTIVE DATE.] This section is effective August 1, 2004, 25.14 and applies to crimes committed on or after that date. 25.15 Sec. 13. Minnesota Statutes 2002, section 609.343, is 25.16 amended to read: 25.17 609.343 [CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.] 25.18 Subdivision 1. [CRIME DEFINED.] A person who engages in 25.19 sexual contact with another person is guilty of criminal sexual 25.20 conduct in the second degree if any of the following 25.21 circumstances exists: 25.22 (a) the complainant is under 13 years of age and the actor 25.23 is more than 36 months older than the complainant. Neither 25.24 mistake as to the complainant's age nor consent to the act by 25.25 the complainant is a defense. In a prosecution under this 25.26 clause, the state is not required to prove that the sexual 25.27 contact was coerced; 25.28 (b) the complainant is at least 13 but less than 16 years 25.29 of age and the actor is more than 48 months older than the 25.30 complainant and in a position of authority over the complainant. 25.31 Neither mistake as to the complainant's age nor consent to the 25.32 act by the complainant is a defense; 25.33 (c) circumstances existing at the time of the act cause the 25.34 complainant to have a reasonable fear of imminent great bodily 25.35 harm to the complainant or another; 25.36 (d) the actor is armed with a dangerous weapon or any 26.1 article used or fashioned in a manner to lead the complainant to 26.2 reasonably believe it to be a dangerous weapon and uses or 26.3 threatens to use the dangerous weapon to cause the complainant 26.4 to submit; 26.5 (e) the actor causes personal injury to the complainant, 26.6 and either of the following circumstances exist: 26.7 (i) the actor uses force or coercion to accomplish the 26.8 sexual contact; or 26.9 (ii) the actor knows or has reason to know that the 26.10 complainant is mentally impaired, mentally incapacitated, or 26.11 physically helpless; 26.12 (f) the actor is aided or abetted by one or more 26.13 accomplices within the meaning of section 609.05, and either of 26.14 the following circumstances exists: 26.15 (i) an accomplice uses force or coercion to cause the 26.16 complainant to submit; or 26.17 (ii) an accomplice is armed with a dangerous weapon or any 26.18 article used or fashioned in a manner to lead the complainant to 26.19 reasonably believe it to be a dangerous weapon and uses or 26.20 threatens to use the weapon or article to cause the complainant 26.21 to submit; 26.22 (g) the actor has a significant relationship to the 26.23 complainant and the complainant was under 16 years of age at the 26.24 time of the sexual contact. Neither mistake as to the 26.25 complainant's age nor consent to the act by the complainant is a 26.26 defense; or 26.27 (h) the actor has a significant relationship to the 26.28 complainant, the complainant was under 16 years of age at the 26.29 time of the sexual contact, and: 26.30 (i) the actor or an accomplice used force or coercion to 26.31 accomplish the contact; 26.32 (ii) the complainant suffered personal injury; or 26.33 (iii) the sexual abuse involved multiple acts committed 26.34 over an extended period of time. 26.35 Neither mistake as to the complainant's age nor consent to 26.36 the act by the complainant is a defense. 27.1 Subd. 2. [PENALTY.] (a)Except as otherwise provided in27.2section 609.109,A person convicted under subdivision 1 may be 27.3 sentenced to imprisonment fornot more than 25 years or to a27.4payment of a fine of not more than $35,000, or bothlife. The 27.5 person also may be sentenced to a fine of not more than $35,000. 27.6 (b) If section 609.3455 provides the sentence for a 27.7 conviction under this section, the court shall sentence the 27.8 person to an indeterminate sentence under section 609.3455. If 27.9 section 609.3455 does not provide the sentence for a conviction 27.10 under this section, the court shall sentence the person as 27.11 provided in paragraph (c). 27.12 (c) Unless a longer mandatory minimum sentence is otherwise 27.13 required by law or the Sentencing Guidelines provide for a 27.14 longer presumptive executed sentence, the court shall presume 27.15 thatan executed sentence of 90 months mustthe minimum sentence 27.16 that may be imposed on an offender convicted of violating 27.17 subdivision 1, clause (c), (d), (e), (f), or (h) is an executed 27.18 sentence of 90 months. Sentencing a person in a manner other 27.19 than that described in this paragraph is a departure from the 27.20 Sentencing Guidelines. 27.21 (d) Unless a longer mandatory minimum sentence is otherwise 27.22 required or the Sentencing Guidelines call for a longer 27.23 presumptive executed sentence, for the purpose of section 27.24 609.3455, the court shall presume the minimum term of 27.25 imprisonment for a conviction under subdivision 1, clause (c), 27.26 (d), (e), (f), or (h), is 60 months and the minimum term of 27.27 imprisonment for a conviction for an attempted violation of 27.28 subdivision 1, clause (c), (d), (e), (f), or (h), is 30 months. 27.29 Subd. 3. [STAY.] Except as otherwise provided in this 27.30 subdivision or when imprisonment is required under section 27.31609.109609.3458, if a person is convicted under subdivision 1, 27.32 clause (g), the court may stay imposition or execution of the 27.33 sentence if it finds that: 27.34 (a) a stay is in the best interest of the complainant or 27.35 the family unit; and 27.36 (b) a professional assessment indicates that the offender 28.1 has been accepted by and can respond to a treatment program. 28.2 If the court stays imposition or execution of sentence, it 28.3 shall include the following as conditions of probation: 28.4 (1) incarceration in a local jail or workhouse; 28.5 (2) a requirement that the offender complete a treatment 28.6 program; and 28.7 (3) a requirement that the offender have no unsupervised 28.8 contact with the complainant until the offender has successfully 28.9 completed the treatment program unless approved by the treatment 28.10 program and the supervising correctional agent. 28.11 If a person violates a stay of imposition or execution of 28.12 sentence granted under this subdivision, the person shall be 28.13 subject to an indeterminate sentence as provided in section 28.14 609.3455. 28.15 [EFFECTIVE DATE.] This section is effective August 1, 2004, 28.16 and applies to crimes committed on or after that date. 28.17 Sec. 14. Minnesota Statutes 2002, section 609.344, is 28.18 amended to read: 28.19 609.344 [CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.] 28.20 Subdivision 1. [CRIME DEFINED.] A person who engages in 28.21 sexual penetration with another person is guilty of criminal 28.22 sexual conduct in the third degree if any of the following 28.23 circumstances exists: 28.24 (a) the complainant is under 13 years of age and the actor 28.25 is no more than 36 months older than the complainant. Neither 28.26 mistake as to the complainant's age nor consent to the act by 28.27 the complainant shall be a defense; 28.28 (b) the complainant is at least 13 but less than 16 years 28.29 of age and the actor is more than 24 months older than the 28.30 complainant. In any such case it shall be an affirmative 28.31 defense, which must be proved by a preponderance of the 28.32 evidence, that the actor believes the complainant to be 16 years 28.33 of age or older. If the actor in such a case is no more than 48 28.34 months but more than 24 months older than the complainant, the 28.35 actor may be sentenced to imprisonment for not more than five 28.36 years. Consent by the complainant is not a defense; 29.1 (c) the actor uses force or coercion to accomplish the 29.2 penetration; 29.3 (d) the actor knows or has reason to know that the 29.4 complainant is mentally impaired, mentally incapacitated, or 29.5 physically helpless; 29.6 (e) the complainant is at least 16 but less than 18 years 29.7 of age and the actor is more than 48 months older than the 29.8 complainant and in a position of authority over the complainant. 29.9 Neither mistake as to the complainant's age nor consent to the 29.10 act by the complainant is a defense; 29.11 (f) the actor has a significant relationship to the 29.12 complainant and the complainant was at least 16 but under 18 29.13 years of age at the time of the sexual penetration. Neither 29.14 mistake as to the complainant's age nor consent to the act by 29.15 the complainant is a defense; 29.16 (g) the actor has a significant relationship to the 29.17 complainant, the complainant was at least 16 but under 18 years 29.18 of age at the time of the sexual penetration, and: 29.19 (i) the actor or an accomplice used force or coercion to 29.20 accomplish the penetration; 29.21 (ii) the complainant suffered personal injury; or 29.22 (iii) the sexual abuse involved multiple acts committed 29.23 over an extended period of time. 29.24 Neither mistake as to the complainant's age nor consent to 29.25 the act by the complainant is a defense; 29.26 (h) the actor is a psychotherapist and the complainant is a 29.27 patient of the psychotherapist and the sexual penetration 29.28 occurred: 29.29 (i) during the psychotherapy session; or 29.30 (ii) outside the psychotherapy session if an ongoing 29.31 psychotherapist-patient relationship exists. 29.32 Consent by the complainant is not a defense; 29.33 (i) the actor is a psychotherapist and the complainant is a 29.34 former patient of the psychotherapist and the former patient is 29.35 emotionally dependent upon the psychotherapist; 29.36 (j) the actor is a psychotherapist and the complainant is a 30.1 patient or former patient and the sexual penetration occurred by 30.2 means of therapeutic deception. Consent by the complainant is 30.3 not a defense; 30.4 (k) the actor accomplishes the sexual penetration by means 30.5 of deception or false representation that the penetration is for 30.6 a bona fide medical purpose. Consent by the complainant is not 30.7 a defense; 30.8 (1) the actor is or purports to be a member of the clergy, 30.9 the complainant is not married to the actor, and: 30.10 (i) the sexual penetration occurred during the course of a 30.11 meeting in which the complainant sought or received religious or 30.12 spiritual advice, aid, or comfort from the actor in private; or 30.13 (ii) the sexual penetration occurred during a period of 30.14 time in which the complainant was meeting on an ongoing basis 30.15 with the actor to seek or receive religious or spiritual advice, 30.16 aid, or comfort in private. Consent by the complainant is not a 30.17 defense; 30.18 (m) the actor is an employee, independent contractor, or 30.19 volunteer of a state, county, city, or privately operated adult 30.20 or juvenile correctional system, including, but not limited to, 30.21 jails, prisons, detention centers, or work release facilities, 30.22 and the complainant is a resident of a facility or under 30.23 supervision of the correctional system. Consent by the 30.24 complainant is not a defense; or 30.25 (n) the actor provides or is an agent of an entity that 30.26 provides special transportation service, the complainant used 30.27 the special transportation service, and the sexual penetration 30.28 occurred during or immediately before or after the actor 30.29 transported the complainant. Consent by the complainant is not 30.30 a defense. 30.31 Subd. 2. [PENALTY.] (a) A person convicted under 30.32 subdivision 1 may be sentenced to imprisonment fornot more than30.3315 years or to a payment of a fine of not more than $30,000, or30.34bothlife. The person also may be sentenced to a fine of not 30.35 more than $30,000. 30.36 (b) If section 609.3455 provides the sentence for a 31.1 conviction under this section, the court shall sentence the 31.2 person to an indeterminate sentence under section 609.3455. If 31.3 section 609.3455 does not provide the sentence for a conviction 31.4 under this section, the court shall sentence the person to the 31.5 presumptive sentence under the Sentencing Guidelines for the 31.6 offense. 31.7 Subd. 3. [STAY.] Except as otherwise provided in this 31.8 subdivision or when imprisonment is required under 31.9 section609.109609.3458, if a person is convicted under 31.10 subdivision 1, clause (f), the court may stay imposition or 31.11 execution of the sentence if it finds that: 31.12 (a) a stay is in the best interest of the complainant or 31.13 the family unit; and 31.14 (b) a professional assessment indicates that the offender 31.15 has been accepted by and can respond to a treatment program. 31.16 If the court stays imposition or execution of sentence, it 31.17 shall include the following as conditions of probation: 31.18 (1) incarceration in a local jail or workhouse; 31.19 (2) a requirement that the offender complete a treatment 31.20 program; and 31.21 (3) a requirement that the offender have no unsupervised 31.22 contact with the complainant until the offender has successfully 31.23 completed the treatment program unless approved by the treatment 31.24 program and the supervising correctional agent. 31.25 If a person violates a stay of imposition or execution of 31.26 sentence granted under this subdivision, the person shall be 31.27 subject to an indeterminate sentence as provided in section 31.28 609.3455. 31.29 [EFFECTIVE DATE.] This section is effective August 1, 2004, 31.30 and applies to crimes committed on or after that date. 31.31 Sec. 15. Minnesota Statutes 2002, section 609.345, is 31.32 amended to read: 31.33 609.345 [CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.] 31.34 Subdivision 1. [CRIME DEFINED.] A person who engages in 31.35 sexual contact with another person is guilty of criminal sexual 31.36 conduct in the fourth degree if any of the following 32.1 circumstances exists: 32.2 (a) the complainant is under 13 years of age and the actor 32.3 is no more than 36 months older than the complainant. Neither 32.4 mistake as to the complainant's age or consent to the act by the 32.5 complainant is a defense. In a prosecution under this clause, 32.6 the state is not required to prove that the sexual contact was 32.7 coerced; 32.8 (b) the complainant is at least 13 but less than 16 years 32.9 of age and the actor is more than 48 months older than the 32.10 complainant or in a position of authority over the complainant. 32.11 Consent by the complainant to the act is not a defense. In any 32.12 such case, it shall be an affirmative defense which must be 32.13 proved by a preponderance of the evidence that the actor 32.14 believes the complainant to be 16 years of age or older; 32.15 (c) the actor uses force or coercion to accomplish the 32.16 sexual contact; 32.17 (d) the actor knows or has reason to know that the 32.18 complainant is mentally impaired, mentally incapacitated, or 32.19 physically helpless; 32.20 (e) the complainant is at least 16 but less than 18 years 32.21 of age and the actor is more than 48 months older than the 32.22 complainant and in a position of authority over the complainant. 32.23 Neither mistake as to the complainant's age nor consent to the 32.24 act by the complainant is a defense; 32.25 (f) the actor has a significant relationship to the 32.26 complainant and the complainant was at least 16 but under 18 32.27 years of age at the time of the sexual contact. Neither mistake 32.28 as to the complainant's age nor consent to the act by the 32.29 complainant is a defense; 32.30 (g) the actor has a significant relationship to the 32.31 complainant, the complainant was at least 16 but under 18 years 32.32 of age at the time of the sexual contact, and: 32.33 (i) the actor or an accomplice used force or coercion to 32.34 accomplish the contact; 32.35 (ii) the complainant suffered personal injury; or 32.36 (iii) the sexual abuse involved multiple acts committed 33.1 over an extended period of time. 33.2 Neither mistake as to the complainant's age nor consent to 33.3 the act by the complainant is a defense; 33.4 (h) the actor is a psychotherapist and the complainant is a 33.5 patient of the psychotherapist and the sexual contact occurred: 33.6 (i) during the psychotherapy session; or 33.7 (ii) outside the psychotherapy session if an ongoing 33.8 psychotherapist-patient relationship exists. Consent by the 33.9 complainant is not a defense; 33.10 (i) the actor is a psychotherapist and the complainant is a 33.11 former patient of the psychotherapist and the former patient is 33.12 emotionally dependent upon the psychotherapist; 33.13 (j) the actor is a psychotherapist and the complainant is a 33.14 patient or former patient and the sexual contact occurred by 33.15 means of therapeutic deception. Consent by the complainant is 33.16 not a defense; 33.17 (k) the actor accomplishes the sexual contact by means of 33.18 deception or false representation that the contact is for a bona 33.19 fide medical purpose. Consent by the complainant is not a 33.20 defense; 33.21 (1) the actor is or purports to be a member of the clergy, 33.22 the complainant is not married to the actor, and: 33.23 (i) the sexual contact occurred during the course of a 33.24 meeting in which the complainant sought or received religious or 33.25 spiritual advice, aid, or comfort from the actor in private; or 33.26 (ii) the sexual contact occurred during a period of time in 33.27 which the complainant was meeting on an ongoing basis with the 33.28 actor to seek or receive religious or spiritual advice, aid, or 33.29 comfort in private. Consent by the complainant is not a 33.30 defense; 33.31 (m) the actor is an employee, independent contractor, or 33.32 volunteer of a state, county, city, or privately operated adult 33.33 or juvenile correctional system, including, but not limited to, 33.34 jails, prisons, detention centers, or work release facilities, 33.35 and the complainant is a resident of a facility or under 33.36 supervision of the correctional system. Consent by the 34.1 complainant is not a defense; or 34.2 (n) the actor provides or is an agent of an entity that 34.3 provides special transportation service, the complainant used 34.4 the special transportation service, the complainant is not 34.5 married to the actor, and the sexual contact occurred during or 34.6 immediately before or after the actor transported the 34.7 complainant. Consent by the complainant is not a defense. 34.8 Subd. 2. [PENALTY.] (a) A person convicted under 34.9 subdivision 1 may be sentenced to imprisonment fornot more than34.10ten years or to a payment of a fine of not more than $20,000, or34.11bothlife. The person also may be sentenced to a fine of not 34.12 more than $20,000. 34.13 (b) If section 609.3455 provides the sentence for a 34.14 conviction under this section, the court shall sentence the 34.15 person to an indeterminate sentence under section 609.3455. If 34.16 section 609.3455 does not provide the sentence for a conviction 34.17 under this section, the court shall sentence the person to the 34.18 presumptive sentence under the Sentencing Guidelines for the 34.19 offense. 34.20 Subd. 3. [STAY.] Except as otherwise provided in this 34.21 subdivision or when imprisonment is required under 34.22 section609.109609.3458, if a person is convicted under 34.23 subdivision 1, clause (f), the court may stay imposition or 34.24 execution of the sentence if it finds that: 34.25 (a) a stay is in the best interest of the complainant or 34.26 the family unit; and 34.27 (b) a professional assessment indicates that the offender 34.28 has been accepted by and can respond to a treatment program. 34.29 If the court stays imposition or execution of sentence, it 34.30 shall include the following as conditions of probation: 34.31 (1) incarceration in a local jail or workhouse; 34.32 (2) a requirement that the offender complete a treatment 34.33 program; and 34.34 (3) a requirement that the offender have no unsupervised 34.35 contact with the complainant until the offender has successfully 34.36 completed the treatment program unless approved by the treatment 35.1 program and the supervising correctional agent. 35.2 If a person violates a stay of imposition or execution of 35.3 sentence granted under this subdivision, the person shall be 35.4 subject to an indeterminate sentence as provided in section 35.5 609.3455. 35.6 [EFFECTIVE DATE.] This section is effective August 1, 2004, 35.7 and applies to crimes committed on or after that date. 35.8 Sec. 16. Minnesota Statutes 2002, section 609.3452, 35.9 subdivision 4, is amended to read: 35.10 Subd. 4. [DEFINITION.] As used in this section, "sex 35.11 offense" means a violation of section 609.342; 609.343; 609.344; 35.12 609.345; 609.3451; 609.3453; 609.746, subdivision 1; 609.79; or 35.13 617.23; or another offense arising out of a charge based on one 35.14 or more of those sections. 35.15 [EFFECTIVE DATE.] This section is effective August 1, 2004, 35.16 and applies to crimes committed on or after that date. 35.17 Sec. 17. [609.3453] [CRIMINAL SEXUAL PREDATORY CONDUCT.] 35.18 Subdivision 1. [CRIME DEFINED.] A person is guilty of 35.19 criminal sexual predatory conduct if the person commits a 35.20 predatory crime and the predatory crime was motivated by the 35.21 offender's sexual impulses or was part of a predatory pattern of 35.22 behavior that had criminal sexual conduct as its goal. 35.23 Subd. 2. [PENALTY.] (a) A person convicted under 35.24 subdivision 1, or for an attempted violation of subdivision 1, 35.25 shall be sentenced under section 609.3455. The person also may 35.26 be sentenced to a fine of not more than $30,000. 35.27 (b) The minimum term of imprisonment for a conviction under 35.28 subdivision 1 is double the minimum term of imprisonment that 35.29 would apply to the predatory crime. The minimum term of 35.30 imprisonment for an attempted violation of subdivision 1 is the 35.31 minimum term of imprisonment that would apply to the predatory 35.32 crime. 35.33 [EFFECTIVE DATE.] This section is effective August 1, 2004, 35.34 and applies to crimes committed on or after that date. 35.35 Sec. 18. [609.3455] [INDETERMINATE SENTENCES FOR SEX 35.36 OFFENSES.] 36.1 Subdivision 1. [APPLICABILITY.] (a) This section applies 36.2 to an offender convicted of a violation of section 609.3453 or 36.3 an attempted violation of section 609.3453. This section also 36.4 applies to an offender convicted of a violation of section 36.5 609.342, subdivision 1, clause (a), (b), or (g); 609.343; 36.6 609.344; or 609.345 or an attempted violation of section 36.7 609.342, subdivision 1, clause (a), (b), or (g); 609.343; 36.8 609.344; or 609.345 when: 36.9 (1) the Sentencing Guidelines presume an executed sentence 36.10 for the offense; 36.11 (2) section 609.3458 imposes a mandatory minimum sentence; 36.12 or 36.13 (3) the Sentencing Guidelines presume a stayed sentence for 36.14 the offense and the court departs from the Sentencing Guidelines 36.15 and imposes an upward dispositional departure. This section 36.16 also applies to a person who violates a stay of imposition or 36.17 execution of sentence under section 609.343, subdivision 3; 36.18 609.344, subdivision 3; or 609.345, subdivision 3. 36.19 (b) The court shall sentence an offender covered by this 36.20 subdivision to a minimum and maximum term of imprisonment, as 36.21 specified in subdivision 2. 36.22 Subd. 2. [MINIMUM AND MAXIMUM TERM OF IMPRISONMENT.] (a) 36.23 Unless a longer mandatory minimum sentence is otherwise required 36.24 by law, the presumptive minimum term of imprisonment for an 36.25 offense listed in subdivision 1 is the minimum term of 36.26 imprisonment for the offense committed or, in the case of an 36.27 upward dispositional departure, the minimum term of imprisonment 36.28 is the term of imprisonment specified by the court. In 36.29 sentencing an offender under this section, the court shall 36.30 consider whether a longer mandatory minimum sentence is required 36.31 under section 609.342, 609.343, 609.3457, or 609.3458. The 36.32 minimum term of imprisonment must be served before the offender 36.33 may be granted conditional release under sections 244.0514 and 36.34 244.0515. 36.35 (b) Prior to the time of sentencing, the prosecutor may 36.36 file a motion for a downward durational departure under the 37.1 Sentencing Guidelines. The court may grant this motion if the 37.2 court finds substantial and compelling reasons to do so. In no 37.3 case shall the court impose a minimum term of imprisonment that 37.4 is less than one year and one day. A sentence imposed under 37.5 this subdivision is a departure from the Sentencing Guidelines. 37.6 (c) Notwithstanding any other law to the contrary, the 37.7 maximum sentence for an offense listed in subdivision 1 is life. 37.8 (d) Notwithstanding section 609.135, the court may not stay 37.9 the imposition or execution of the sentence required by this 37.10 section. An offender committed to the custody of the 37.11 commissioner of corrections under this section may not be 37.12 released from incarceration except as provided in sections 37.13 244.05, subdivision 8; 244.0514, subdivision 4; and 244.0515. 37.14 Subd. 3. [CONDITIONAL RELEASE.] A person who is released 37.15 from a state correctional facility after receiving a sentence 37.16 under this section shall be subject to conditional release for 37.17 the remainder of the person's life. The terms and procedures 37.18 related to conditional release are governed by sections 244.05, 37.19 244.0514, and 609.3459. 37.20 [EFFECTIVE DATE.] This section is effective August 1, 2004, 37.21 and applies to crimes committed on or after that date. 37.22 Sec. 19. [609.3457] [MANDATORY MINIMUM SENTENCES FOR 37.23 CERTAIN DANGEROUS, PATTERNED SEX OFFENDERS; NO PREVIOUS 37.24 CONVICTION REQUIRED.] 37.25 Subdivision 1. [MANDATORY INCREASED SENTENCE.] (a) A court 37.26 shall commit a person to the commissioner of corrections for a 37.27 period of time that is not less than double the presumptive 37.28 sentence under the Sentencing Guidelines and not more than the 37.29 statutory maximum, or if the statutory maximum is less than 37.30 double the presumptive sentence, for a period of time that is 37.31 equal to the statutory maximum, if: 37.32 (1) the court is imposing an executed sentence on a person 37.33 convicted of committing or attempting to commit a violation of 37.34 section 609.342, 609.343, 609.344, 609.345, or 609.3453; 37.35 (2) the court finds that the offender is a danger to public 37.36 safety; and 38.1 (3) the court finds that the offender needs long-term 38.2 treatment or supervision beyond the presumptive term of 38.3 imprisonment and supervised release. The finding must be based 38.4 on a professional assessment by an examiner experienced in 38.5 evaluating sex offenders that concludes that the offender is a 38.6 patterned sex offender. The assessment must contain the facts 38.7 upon which the conclusion is based, with reference to the 38.8 offense history of the offender or the severity of the current 38.9 offense, the social history of the offender, and the results of 38.10 an examination of the offender's mental status unless the 38.11 offender refuses to be examined. The conclusion may not be 38.12 based on testing alone. A patterned sex offender is one whose 38.13 criminal sexual behavior is so engrained that the risk of 38.14 reoffending is great without intensive psychotherapeutic 38.15 intervention or other long-term controls. 38.16 (b) The court shall consider imposing a sentence under this 38.17 section whenever a person is convicted of violating section 38.18 609.342 or 609.343. 38.19 (c) If the court sentences a person under this subdivision 38.20 and the person is subject to indeterminate sentencing under 38.21 section 609.3455, the minimum term of imprisonment shall be 38.22 two-thirds of the minimum sentence specified in this 38.23 subdivision, plus disciplinary time, unless a longer minimum 38.24 term of imprisonment is otherwise required for the offense. The 38.25 maximum term of imprisonment shall be as provided in section 38.26 609.3455. 38.27 Subd. 2. [DANGER TO PUBLIC SAFETY.] The court shall base 38.28 its finding that the offender is a danger to public safety on 38.29 any of the following factors: 38.30 (1) the crime involved an aggravating factor that would 38.31 justify a durational departure from the presumptive sentence 38.32 under the Sentencing Guidelines; or 38.33 (2) the offender previously committed or attempted to 38.34 commit a predatory crime or a violation of section 609.224 or 38.35 609.2242, including: 38.36 (i) an offense committed as a juvenile that would have been 39.1 a predatory crime or a violation of section 609.224 or 609.2242 39.2 if committed by an adult; or 39.3 (ii) a violation or attempted violation of a similar law of 39.4 any other state or the United States; or 39.5 (3) the offender planned for or prepared for the crime 39.6 prior to its commission. 39.7 Subd. 3. [DEPARTURE FROM GUIDELINES.] A sentence imposed 39.8 under subdivision 1 is a departure from the Sentencing 39.9 Guidelines. 39.10 [EFFECTIVE DATE.] This section is effective August 1, 2004, 39.11 and applies to crimes committed on or after that date. 39.12 Sec. 20. [609.3458] [MANDATORY MINIMUM SENTENCES FOR 39.13 REPEAT OR AGGRAVATED SEX OFFENSES.] 39.14 Subdivision 1. [DEFINITION; CONVICTION OF OFFENSE.] For 39.15 purposes of this section, "offense" means a completed offense or 39.16 an attempt to commit an offense. 39.17 Subd. 2. [PRESUMPTIVE EXECUTED SENTENCE.] (a) Except as 39.18 provided in subdivision 3, if a person is convicted under 39.19 section 609.342, 609.343, 609.344, or 609.345 and has a previous 39.20 sex offense conviction, the court shall commit the defendant to 39.21 the commissioner of corrections for a minimum sentence of not 39.22 less than three years. Except as provided in subdivision 3, if 39.23 a person is convicted under section 609.342, 609.343, 609.344, 39.24 or 609.345 within five years of discharge from sentence for a 39.25 previous sex offense conviction, the court shall commit the 39.26 defendant to the commissioner of corrections for a minimum 39.27 sentence of not less than five years. The court may stay the 39.28 execution of the sentence imposed under this subdivision only if: 39.29 (1) the offense is not governed by an indeterminate 39.30 sentence under section 609.3455; and 39.31 (2) it finds that a professional assessment indicates the 39.32 offender is accepted by and can respond to treatment at a 39.33 long-term inpatient program exclusively treating sex offenders 39.34 and approved by the commissioner of corrections. If the court 39.35 stays the execution of a sentence, it shall include the 39.36 following as conditions of probation: 40.1 (i) incarceration in a local jail or workhouse; and 40.2 (ii) a requirement that the offender successfully complete 40.3 the treatment program and aftercare as directed by the court. 40.4 (b) If the court sentences a person under this subdivision 40.5 and the person is subject to indeterminate sentencing under 40.6 section 609.3455, the minimum term of imprisonment shall be 40.7 two-thirds of the minimum sentence specified in this 40.8 subdivision, plus disciplinary time, unless a longer minimum 40.9 term of imprisonment is otherwise required for the offense. The 40.10 maximum term of imprisonment is life. 40.11 Subd. 3. [MANDATORY LIFE SENTENCE.] (a) The court shall 40.12 sentence a person to imprisonment for life if: 40.13 (1) the person is convicted under section 609.342; and 40.14 (2) the court determines on the record at the time of 40.15 sentencing that any of the following circumstances exists: 40.16 (i) the person has previously been sentenced under section 40.17 609.1095; 40.18 (ii) the person has one previous sex offense conviction for 40.19 a violation of section 609.342, 609.343, or 609.344 that 40.20 occurred before August 1, 1989, for which the person was 40.21 sentenced to prison in an upward durational departure from the 40.22 Sentencing Guidelines that resulted in a sentence at least twice 40.23 as long as the presumptive sentence; or 40.24 (iii) the person has two previous sex offense convictions 40.25 under section 609.342, 609.343, or 609.344. 40.26 (b) Notwithstanding subdivision 2 and section 609.342, 40.27 subdivision 3, the court may not stay imposition of the sentence 40.28 required by this subdivision. 40.29 Subd. 4. [MANDATORY MINIMUM 30-YEAR SENTENCE.] (a) The 40.30 court shall commit a person to the commissioner of corrections 40.31 for a minimum sentence of not less than 30 years if: 40.32 (1) the person is convicted under section 609.342, 40.33 subdivision 1, clause (c), (d), (e), or (f), or 609.343, 40.34 subdivision 1, clause (c), (d), (e), or (f); and 40.35 (2) the court determines on the record at the time of 40.36 sentencing that: 41.1 (i) the crime involved an aggravating factor that would 41.2 provide grounds for an upward departure under the Sentencing 41.3 Guidelines other than the aggravating factor applicable to 41.4 repeat criminal sexual conduct convictions; and 41.5 (ii) the person has a previous sex offense conviction under 41.6 section 609.342, 609.343, or 609.344. 41.7 (b) Notwithstanding subdivision 2 and sections 609.342, 41.8 subdivision 3, or 609.343, subdivision 3, the court may not stay 41.9 imposition or execution of the sentence required by this 41.10 subdivision. 41.11 (c) If the court sentences a person under this subdivision 41.12 and the person is subject to indeterminate sentencing under 41.13 section 609.3455, the minimum term of imprisonment shall be 41.14 two-thirds of the minimum sentence specified in this 41.15 subdivision, plus disciplinary time, unless a longer minimum 41.16 term of imprisonment is otherwise required for the offense. The 41.17 maximum term of imprisonment is life. 41.18 Subd. 5. [PREVIOUS SEX OFFENSE CONVICTIONS.] For the 41.19 purposes of this section, a conviction is considered a previous 41.20 sex offense conviction if the person was convicted of a sex 41.21 offense before the commission of the present offense of 41.22 conviction. A person has two previous sex offense convictions 41.23 only if the person was convicted and sentenced for a sex offense 41.24 committed after the person was earlier convicted and sentenced 41.25 for a sex offense, and both convictions preceded the commission 41.26 of the present offense of conviction. A "sex offense" is a 41.27 violation of sections 609.342 to 609.345 or any similar statute 41.28 of the United States, this state, or any other state. 41.29 Subd. 6. [MANDATORY MINIMUM DEPARTURE FOR SEX OFFENDERS.] 41.30 (a) The court shall sentence a person to at least twice the 41.31 presumptive sentence recommended by the Sentencing Guidelines if: 41.32 (1) the person is convicted under section 609.342, 41.33 subdivision 1, clause (c), (d), (e), or (f), 609.343, 41.34 subdivision 1, clause (c), (d), (e), or (f); or 609.344, 41.35 subdivision 1, clause (c) or (d); and 41.36 (2) the court determines on the record at the time of 42.1 sentencing that the crime involved an aggravating factor that 42.2 would provide grounds for an upward departure under the 42.3 Sentencing Guidelines. 42.4 (b) If the court sentences a person under this subdivision 42.5 and the person is subject to indeterminate sentencing under 42.6 section 609.3455, the minimum term of imprisonment shall be 42.7 two-thirds of the minimum sentence specified in this 42.8 subdivision, plus disciplinary time, unless a longer minimum 42.9 term of imprisonment is otherwise required for the offense. The 42.10 maximum term of imprisonment is life. 42.11 [EFFECTIVE DATE.] This section is effective August 1, 2004, 42.12 and applies to crimes committed on or after that date. 42.13 Sec. 21. [609.3459] [CONDITIONAL RELEASE FOR SEX 42.14 OFFENDERS.] 42.15 Subdivision 1. [APPLICABILITY.] This section applies to a 42.16 person who commits a sex offense. 42.17 Subd. 2. [LENGTH OF CONDITIONAL RELEASE SENTENCE.] (a) 42.18 Notwithstanding the statutory maximum sentence otherwise 42.19 applicable to the offense or any provision of the Sentencing 42.20 Guidelines, when a court sentences a person to the custody of 42.21 the commissioner of corrections for a violation or attempted 42.22 violation of section 609.342, 609.343, 609.344, 609.345, or 42.23 609.3453, the court shall provide that, upon the person's 42.24 release from a state correctional facility, the commissioner of 42.25 corrections shall place the person on conditional release. 42.26 (b) If the person was convicted for a violation or 42.27 attempted violation of section 609.343, 609.344, or 609.345 and 42.28 was not sentenced under section 609.3455, the person shall be 42.29 placed on conditional release for five years, minus the time the 42.30 person served on supervised release. 42.31 (c) If the person was convicted for a violation or 42.32 attempted violation of section 609.343, 609.344, or 609.345 42.33 after a previous sex offense conviction as defined in section 42.34 609.3458, subdivision 5, or was sentenced to a mandatory 42.35 departure under section 609.3458, subdivision 6, the person 42.36 shall be placed on conditional release for ten years, minus the 43.1 time the person served on supervised release, unless the person 43.2 was sentenced under section 609.3455. 43.3 (d) If the person was convicted for a sex offense and 43.4 sentenced under section 609.3455, the person shall be subject to 43.5 an indeterminate sentence and, if released from a correctional 43.6 facility under sections 244.0514 and 244.0515, the person shall 43.7 be placed on conditional release for the remainder of the 43.8 person's life. 43.9 Subd. 3. [TERMS OF CONDITIONAL RELEASE.] (a) The 43.10 conditions of release may include successful completion of 43.11 treatment and aftercare in a program approved by the 43.12 commissioner, satisfaction of the release conditions specified 43.13 in section 244.05, subdivision 6, and any other conditions the 43.14 commissioner considers appropriate. Before the offender is 43.15 released, the commissioner shall notify the sentencing court, 43.16 the prosecutor in the jurisdiction where the offender was 43.17 sentenced, and the victim of the offender's crime, whenever 43.18 possible, of the terms of the offender's conditional release. 43.19 If the offender fails to meet any condition of release, the 43.20 commissioner may revoke the offender's conditional release and 43.21 order that the offender serve the remaining portion of the 43.22 conditional release term in prison. For offenders subject to a 43.23 five- or ten-year conditional release period, the commissioner 43.24 shall not dismiss the offender from supervision before the 43.25 conditional release term expires. For offenders subject to 43.26 conditional release for life, the commissioner shall not dismiss 43.27 the offender from supervision. 43.28 (b) Conditional release under this section is governed by 43.29 provisions relating to supervised release, except as otherwise 43.30 provided in this section or section 244.04, subdivision 1, or 43.31 244.05. Conditional release under this section also is governed 43.32 by section 244.0514. 43.33 (c) The commissioner shall develop a plan to pay the cost 43.34 of treatment of a person released under this subdivision. The 43.35 plan may include various means of paying for this treatment, 43.36 including co-payments from offenders, payment or reimbursement 44.1 from third parties, payments from local agencies, and funding 44.2 from other sources, as these sources are identified. This 44.3 section does not require the commissioner to accept or retain an 44.4 offender in a treatment program. 44.5 [EFFECTIVE DATE.] This section is effective August 1, 2004, 44.6 and applies to crimes committed on or after that date. 44.7 Sec. 22. [INSTRUCTION TO SENTENCING GUIDELINES 44.8 COMMISSION.] 44.9 The Minnesota Sentencing Guidelines Commission is directed 44.10 to review the new and increased penalties for various crimes in 44.11 this act to ensure the presumptive sentences under the 44.12 Sentencing Guidelines reflect the legislature's assessment of 44.13 the severity of these crimes. In those situations where the 44.14 Sentencing Guidelines do not reflect the legislature's 44.15 assessment of the severity of these crimes, the commission shall 44.16 increase the level at which various crimes are ranked and set 44.17 new presumptive sentences for these crimes, if necessary. 44.18 [EFFECTIVE DATE.] This section is effective August 1, 2004. 44.19 Sec. 23. [REPEALER.] 44.20 Minnesota Statutes 2002, sections 609.108 and 609.109 are 44.21 repealed. The revisor shall include a note accompanying the 44.22 repeal to inform the reader that these statutes have been 44.23 amended and recodified, from sections 609.108 and 609.109 to 44.24 sections 609.3457 and 609.3458, respectively. 44.25 [EFFECTIVE DATE.] This section is effective August 1, 2004. 44.26 ARTICLE 3 44.27 MINNESOTA SEX OFFENDER REVIEW BOARD 44.28 Section 1. Minnesota Statutes 2002, section 13.851, is 44.29 amended by adding a subdivision to read: 44.30 Subd. 9. [PREDATORY OFFENDERS; MINNESOTA SEX OFFENDER 44.31 REVIEW BOARD.] Certain data classified under this chapter are 44.32 made accessible to the Minnesota Sex Offender Review Board under 44.33 section 244.0515. 44.34 [EFFECTIVE DATE.] This section is effective August 1, 2004. 44.35 Sec. 2. Minnesota Statutes 2002, section 13D.01, 44.36 subdivision 2, is amended to read: 45.1 Subd. 2. [EXCEPTIONS.] This chapter does not apply: 45.2 (1) to meetings of the commissioner of corrections; 45.3 (2) to meetings of the Minnesota Sex Offender Review Board 45.4 under section 244.0515; 45.5 (3) to a state agency, board, or commission when it is 45.6 exercising quasi-judicial functions involving disciplinary 45.7 proceedings; or 45.8(3)(4) as otherwise expressly provided by statute. 45.9 [EFFECTIVE DATE.] This section is effective August 1, 2004. 45.10 Sec. 3. [244.0515] [MINNESOTA SEX OFFENDER REVIEW BOARD.] 45.11 Subdivision 1. [DEFINITIONS.] For the purpose of this 45.12 section, the following terms have the meanings given them. 45.13 (a) "Board" means the Minnesota Sex Offender Review Board 45.14 established under subdivision 2. 45.15 (b) "End-of-confinement review committee" means the 45.16 committee described in section 244.052, subdivision 3. 45.17 (c) "Victim" means an individual who suffered harm as a 45.18 result of the inmate's crime or, if the individual is deceased, 45.19 the deceased's surviving spouse or next of kin. 45.20 Subd. 2. [BOARD; ESTABLISHMENT.] The Minnesota Sex 45.21 Offender Review Board is established which shall be comprised of 45.22 five members. The board shall be governed by section 15.0575, 45.23 except as otherwise provided by this section. 45.24 Subd. 3. [MEMBERS.] The Minnesota Sex Offender Review 45.25 Board shall consist of the following: 45.26 (1) the commissioner of corrections or a designee appointed 45.27 by the commissioner; 45.28 (2) the commissioner of human services or a designee 45.29 appointed by the commissioner; 45.30 (3) a retired judge appointed by the governor; 45.31 (4) a treatment professional, not employed by the 45.32 Department of Corrections or the Department of Human Services, 45.33 trained in the assessment of sex offenders and appointed by the 45.34 governor; and 45.35 (5) one public member appointed by the governor. 45.36 When an appointing authority selects individuals for 46.1 membership on the board, the authority shall make reasonable 46.2 efforts to appoint qualified members of protected groups, as 46.3 defined in section 43A.02, subdivision 33. 46.4 One of the members shall be designated by the governor as 46.5 chair of the board. 46.6 Subd. 4. [APPOINTMENT TERMS.] Each appointed member shall 46.7 be appointed for four years and shall continue to serve during 46.8 that time as long as the member occupies the position that made 46.9 the member eligible for the appointment. Each member shall 46.10 continue in office until a successor is duly appointed. Members 46.11 shall be eligible for reappointment and the appointment may be 46.12 made to fill an unexpired term. The members of the board shall 46.13 elect any additional officers necessary for the efficient 46.14 discharge of their duties. 46.15 Subd. 5. [RESPONSIBILITIES.] (a) The board is responsible 46.16 for making decisions regarding the release of inmates sentenced 46.17 under sections 609.3455 and 609.3458, subdivision 3. The board 46.18 shall hold a hearing to consider the release of an inmate at 46.19 least 90 days before the inmate is first eligible for release. 46.20 The board also shall hold a hearing when the inmate petitions 46.21 for release from imprisonment, as provided in subdivision 6. 46.22 (b) When determining whether to grant conditional release 46.23 to an inmate serving a life sentence under section 609.3455, the 46.24 board shall consider: 46.25 (1) the risk assessment report prepared under section 46.26 244.052 and any and all information the end-of-confinement 46.27 review committee reviewed in making its risk assessment; 46.28 (2) the community investigation report prepared under 46.29 section 244.05, subdivision 5, and any and all information 46.30 gathered for use in compiling that report; 46.31 (3) the inmate's criminal offense history; 46.32 (4) the inmate's behavior while incarcerated; 46.33 (5) the inmate's participation in, and completion of, 46.34 appropriate treatment; 46.35 (6) the inmate's need for additional treatment, training, 46.36 or supervision; 47.1 (7) the danger the inmate poses to the public if released; 47.2 and 47.3 (8) any other information the board deems relevant. 47.4 (c) The board shall have access to the following data on an 47.5 inmate only for purposes of making the conditional release 47.6 decision: 47.7 (1) private medical data under section 13.384 or 144.335, 47.8 or welfare data under section 13.46 that relate to medical 47.9 treatment of the inmate; 47.10 (2) private and confidential court services data under 47.11 section 13.84; 47.12 (3) private and confidential corrections data under section 47.13 13.85; 47.14 (4) private criminal history data under section 13.87; 47.15 (5) the community investigation report prepared under 47.16 section 244.05, subdivision 5, and any information gathered for 47.17 use in compiling the report; and 47.18 (6) the risk assessment report prepared under section 47.19 244.052, subdivision 5, and any information used to make the 47.20 risk assessment. 47.21 Data collected and maintained by the board under this 47.22 paragraph may not be disclosed outside the board, except as 47.23 provided under section 13.05, subdivision 3 or 4. The inmate 47.24 has access to data on the inmate collected and maintained by the 47.25 board, unless the data are confidential data received under this 47.26 paragraph. 47.27 (d) The board must make a decision regarding whether or not 47.28 to grant conditional release within 14 days of the hearing. If 47.29 the board decides not to grant conditional release to an inmate, 47.30 the board must specify in writing the reasons for its decision. 47.31 The board may identify in writing conditions the offender must 47.32 meet in order to file a petition with the board for release. 47.33 The board also may inform the inmate in writing that the inmate 47.34 may petition for release earlier than the time designated in 47.35 subdivision 6. 47.36 (e) If the board grants conditional release to the inmate 48.1 at the inmate's first hearing before the board, the commissioner 48.2 of corrections must release the individual at the time the 48.3 inmate is first eligible for release. If the board subsequently 48.4 grants conditional release to the inmate, the commissioner of 48.5 corrections must release the individual 90 days from the date of 48.6 the board's decision. If the inmate's scheduled release date 48.7 falls on a Friday, Saturday, Sunday, or holiday, the inmate's 48.8 conditional release term shall begin as specified in section 48.9 244.05, subdivision 1a. 48.10 Subd. 6. [PETITION FOR RELEASE.] (a) An inmate who has 48.11 served the minimum term of imprisonment is eligible to petition 48.12 the board for release. 48.13 (b) Except as provided in paragraph (c), the inmate may not 48.14 petition the board for release until two years have passed since 48.15 the board last issued a written decision denying release to the 48.16 inmate, or until the inmate satisfies all conditions set by the 48.17 board when it previously denied release, whichever is later. 48.18 (c) An inmate who is released by the board and is 48.19 subsequently reincarcerated under section 244.05, subdivision 3, 48.20 for a violation of the conditions of the offender's release, may 48.21 not petition for release until two years have passed since the 48.22 offender was first reincarcerated, unless the commissioner, upon 48.23 revoking the person's release, specifies in writing that the 48.24 offender may petition the board for release before that time. 48.25 (d) An inmate may petition the board at an earlier time 48.26 than allowed under paragraph (b) or (c) if the board authorizes 48.27 an earlier petition under subdivision 5. 48.28 Subd. 7. [RELEASE HEARING.] (a) Within 45 days of the time 48.29 the board first considers an inmate's eligibility for release, 48.30 or within 45 days of the time the inmate files a petition for 48.31 release, the commissioner of corrections shall give written 48.32 notice of the time and place of the hearing before the board to 48.33 all interested parties, including the petitioner, the sentencing 48.34 court, the county attorney's office involved in prosecuting the 48.35 case, and the victim. 48.36 (b) The victim has a right to submit an oral or written 49.1 statement to the board at the hearing. The statement may 49.2 summarize the harm suffered by the victim as a result of the 49.3 crime and give the victim's recommendation on whether the inmate 49.4 should be given conditional release. The board must consider 49.5 the victim's statement when making the conditional release 49.6 decision. 49.7 (c) The hearing must be held on the record. Upon approval 49.8 of the board, the petitioner may subpoena witnesses to appear at 49.9 the hearing. 49.10 Subd. 8. [ADMINISTRATIVE SERVICES.] The commissioner of 49.11 corrections shall provide adequate office space and 49.12 administrative services for the board. The board may utilize 49.13 the services, equipment, personnel, information, and resources 49.14 of other state agencies with their consent. The board may 49.15 accept voluntary and uncompensated services; contract with 49.16 individuals and public and private agencies; and request 49.17 information, reports, and data from any agency of the state, or 49.18 any of its political subdivisions, to the extent authorized by 49.19 law. 49.20 Subd. 9. [ADMINISTRATOR.] The board may select and employ 49.21 an administrator who shall perform the duties the board directs, 49.22 including the hiring of any clerical help and other employees as 49.23 the board may approve. The administrator and other staff shall 49.24 be in the unclassified service of the state and their 49.25 compensation shall be established pursuant to chapter 43A. They 49.26 shall be reimbursed for the expenses necessarily incurred in the 49.27 performance of their official duties in the same manner as other 49.28 state employees. 49.29 Subd. 10. [EXEMPTION FROM CHAPTER 14.] (a) For the 49.30 purposes of this section and except as provided in paragraph 49.31 (b), the Minnesota Sex Offender Review Board and the 49.32 commissioner of corrections are not subject to chapter 14. 49.33 (b) The Minnesota Sex Offender Review Board and the 49.34 commissioner of corrections may adopt rules under sections 49.35 14.389, 244.0514, and 609.3459 when proceeding under this 49.36 section. 50.1 [EFFECTIVE DATE.] This section is effective August 1, 2004. 50.2 Sec. 4. [DIRECTION TO COMMISSIONER OF CORRECTIONS.] 50.3 (a) The commissioner of corrections shall establish 50.4 criteria and procedures for the Minnesota Sex Offender Review 50.5 Board, established under Minnesota Statutes, section 244.0515, 50.6 to use in making release and revocation decisions on offenders 50.7 sentenced under Minnesota Statutes, sections 609.3455 and 50.8 609.3458, subdivision 3. In establishing criteria and 50.9 procedures, the commissioner of corrections shall seek the input 50.10 of the end-of-confinement review committee at each state 50.11 correctional facility and at each state treatment facility where 50.12 predatory offenders are confined. The commissioner also shall 50.13 seek input from individuals knowledgeable in health and human 50.14 services; public safety; Minnesota's sex offender treatment 50.15 program; treatment of sex offenders; crime victim issues; 50.16 criminal law; sentencing guidelines; law enforcement; and 50.17 probation, supervised release, and conditional release. 50.18 (b) The commissioner of corrections shall establish 50.19 criteria and procedures to govern the review and release of sex 50.20 offenders subject to indeterminate sentences by November 15, 50.21 2004. These criteria and procedures will become effective on 50.22 June 1, 2005, unless the legislature takes action before that 50.23 time to modify or reject the criteria and procedures. 50.24 (c) By November 15, 2004, the commissioner of corrections 50.25 shall provide the legislature with a written report containing 50.26 the criteria and procedures the commissioner proposes the 50.27 Minnesota Sex Offender Review Board use in deciding whether to 50.28 release a sex offender subject to an indeterminate sentence. 50.29 This report also shall include a summary of the input gathered 50.30 under paragraph (a). 50.31 [EFFECTIVE DATE.] This section is effective the day 50.32 following final enactment. 50.33 ARTICLE 4 50.34 PREDATORY OFFENDER REGISTRATION AND 50.35 COMMUNITY NOTIFICATION PROVISIONS 50.36 Section 1. Minnesota Statutes 2002, section 243.166, as 51.1 amended by Laws 2003, chapter 116, section 2, and Laws 2003, 51.2 First Special Session chapter 2, article 8, sections 4 and 5, is 51.3 amended to read: 51.4 243.166 [REGISTRATION OF PREDATORY OFFENDERS.] 51.5Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall51.6register under this section if:51.7(1) the person was charged with or petitioned for a felony51.8violation of or attempt to violate any of the following, and51.9convicted of or adjudicated delinquent for that offense or51.10another offense arising out of the same set of circumstances:51.11(i) murder under section 609.185, clause (2); or51.12(ii) kidnapping under section 609.25; or51.13(iii) criminal sexual conduct under section 609.342;51.14609.343; 609.344; 609.345; or 609.3451, subdivision 3; or51.15(iv) indecent exposure under section 617.23, subdivision 3;51.16or51.17(2) the person was charged with or petitioned for falsely51.18imprisoning a minor in violation of section 609.255, subdivision51.192; soliciting a minor to engage in prostitution in violation of51.20section 609.322 or 609.324; soliciting a minor to engage in51.21sexual conduct in violation of section 609.352; using a minor in51.22a sexual performance in violation of section 617.246; or51.23possessing pornographic work involving a minor in violation of51.24section 617.247, and convicted of or adjudicated delinquent for51.25that offense or another offense arising out of the same set of51.26circumstances; or51.27(3) the person was convicted of a predatory crime as51.28defined in section 609.108, and the offender was sentenced as a51.29patterned sex offender or the court found on its own motion or51.30that of the prosecutor that the crime was part of a predatory51.31pattern of behavior that had criminal sexual conduct as its51.32goal; or51.33(4) the person was convicted of or adjudicated delinquent51.34for, including pursuant to a court martial, violating a law of51.35the United States, including the Uniform Code of Military51.36Justice, similar to the offenses described in clause (1), (2),52.1or (3).52.2(b) A person also shall register under this section if:52.3(1) the person was convicted of or adjudicated delinquent52.4in another state for an offense that would be a violation of a52.5law described in paragraph (a) if committed in this state;52.6(2) the person enters the state to reside, or to work or52.7attend school; and52.8(3) ten years have not elapsed since the person was52.9released from confinement or, if the person was not confined,52.10since the person was convicted of or adjudicated delinquent for52.11the offense that triggers registration, unless the person is52.12subject to lifetime registration, in which case the person must52.13register for life regardless of when the person was released52.14from confinement, convicted, or adjudicated delinquent.52.15For purposes of this paragraph:52.16(i) "school" includes any public or private educational52.17institution, including any secondary school, trade or52.18professional institution, or institution of higher education,52.19that the person is enrolled in on a full-time or part-time52.20basis; and52.21(ii) "work" includes employment that is full time or part52.22time for a period of time exceeding 14 days or for an aggregate52.23period of time exceeding 30 days during any calendar year,52.24whether financially compensated, volunteered, or for the purpose52.25of government or educational benefit.52.26(c) A person also shall register under this section if the52.27person was committed pursuant to a court commitment order under52.28section 253B.185 or Minnesota Statutes 1992, section 526.10, or52.29a similar law of another state or the United States, regardless52.30of whether the person was convicted of any offense.52.31(d) A person also shall register under this section if:52.32(1) the person was charged with or petitioned for a felony52.33violation or attempt to violate any of the offenses listed in52.34paragraph (a), clause (1), or a similar law of another state or52.35the United States, or the person was charged with or petitioned52.36for a violation of any of the offenses listed in paragraph (a),53.1clause (2), or a similar law of another state or the United53.2States;53.3(2) the person was found not guilty by reason of mental53.4illness or mental deficiency after a trial for that offense, or53.5found guilty but mentally ill after a trial for that offense, in53.6states with a guilty but mentally ill verdict; and53.7(3) the person was committed pursuant to a court commitment53.8order under section 253B.18 or a similar law of another state or53.9the United States.53.10 Subd. 1a. [DEFINITIONS.] (a) As used in this section, 53.11 unless the context clearly indicates otherwise, the following 53.12 terms have the meanings given them. 53.13 (b) "Bureau" means the Bureau of Criminal Apprehension. 53.14 (c) "Dwelling" means the building where the person lives 53.15 under a formal or informal agreement to do so. 53.16 (d) "Incarceration" and "confinement" do not include 53.17 electronic home monitoring. 53.18 (e) "Law enforcement authority" or "authority" means, with 53.19 respect to a home rule charter or statutory city, the chief of 53.20 police, and with respect to an unincorporated area, the county 53.21 sheriff. 53.22 (f) "Motor vehicle" has the meaning given in section 53.23 169.01, subdivision 2. 53.24 (g) "Primary address" means the mailing address of the 53.25 person's dwelling. If the mailing address is different from the 53.26 actual location of the dwelling, "primary address" also includes 53.27 the physical location of the dwelling described with as much 53.28 specificity as possible. 53.29 (h) "School" includes any public or private educational 53.30 institution, including any secondary school, trade, or 53.31 professional institution, or institution of higher education, 53.32 that the person is enrolled in on a full-time or part-time basis. 53.33 (i) "Secondary address" means the mailing address of any 53.34 place where the person regularly or occasionally stays overnight 53.35 when not staying at the person's primary address. If the 53.36 mailing address is different from the actual location of the 54.1 place, secondary address also includes the physical location of 54.2 the place described with as much specificity as possible. 54.3 (j) "Treatment facility" means a residential facility, as 54.4 defined in section 244.052, subdivision 1, and residential 54.5 chemical dependency treatment programs and halfway houses 54.6 licensed under chapter 245A, including, but not limited to, 54.7 those facilities directly or indirectly assisted by any 54.8 department or agency of the United States. 54.9 (k) "Work" includes employment that is full time or part 54.10 time for a period of time exceeding 14 days or for an aggregate 54.11 period of time exceeding 30 days during any calendar year, 54.12 whether financially compensated, volunteered, or for the purpose 54.13 of government or educational benefit. 54.14 Subd. 1b. [REGISTRATION REQUIRED.] (a) A person shall 54.15 register under this section if: 54.16 (1) the person was charged with or petitioned for a felony 54.17 violation of or attempt to violate, or aiding, abetting, or 54.18 conspiracy to commit, any of the following, and convicted of or 54.19 adjudicated delinquent for that offense or another offense 54.20 arising out of the same set of circumstances: 54.21 (i) murder under section 609.185, clause (2); 54.22 (ii) kidnapping under section 609.25; 54.23 (iii) criminal sexual conduct under section 609.342; 54.24 609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 54.25 (iv) indecent exposure under section 617.23, subdivision 3; 54.26 (2) the person was charged with or petitioned for false 54.27 imprisonment in violation of section 609.255, subdivision 2; 54.28 soliciting a minor to engage in prostitution in violation of 54.29 section 609.322 or 609.324; soliciting a minor to engage in 54.30 sexual conduct in violation of section 609.352; using a minor in 54.31 a sexual performance in violation of section 617.246; or 54.32 possessing pornographic work involving a minor in violation of 54.33 section 617.247, and convicted of or adjudicated delinquent for 54.34 that offense or another offense arising out of the same set of 54.35 circumstances; 54.36 (3) the person was sentenced as a patterned sex offender 55.1 under section 609.108; or 55.2 (4) the person was convicted of or adjudicated delinquent 55.3 for, including pursuant to a court martial, violating a law of 55.4 the United States, including the Uniform Code of Military 55.5 Justice, similar to the offenses described in clause (1), (2), 55.6 or (3). 55.7 (b) A person also shall register under this section if: 55.8 (1) the person was convicted of or adjudicated delinquent 55.9 in another state for an offense that would be a violation of a 55.10 law described in paragraph (a) if committed in this state; 55.11 (2) the person enters this state to reside, work, or attend 55.12 school, or enters this state and remains for 14 days or longer; 55.13 and 55.14 (3) ten years have not elapsed since the person was 55.15 released from confinement or, if the person was not confined, 55.16 since the person was convicted of or adjudicated delinquent for 55.17 the offense that triggers registration, unless the person is 55.18 subject to lifetime registration, in which case the person shall 55.19 register for life regardless of when the person was released 55.20 from confinement, convicted, or adjudicated delinquent. 55.21 (c) A person also shall register under this section if the 55.22 person was committed pursuant to a court commitment order under 55.23 section 253B.185 or Minnesota Statutes 1992, section 526.10, or 55.24 a similar law of another state or the United States, regardless 55.25 of whether the person was convicted of any offense. 55.26 (d) A person also shall register under this section if: 55.27 (1) the person was charged with or petitioned for a felony 55.28 violation or attempt to violate any of the offenses listed in 55.29 paragraph (a), clause (1), or a similar law of another state or 55.30 the United States, or the person was charged with or petitioned 55.31 for a violation of any of the offenses listed in paragraph (a), 55.32 clause (2), or a similar law of another state or the United 55.33 States; 55.34 (2) the person was found not guilty by reason of mental 55.35 illness or mental deficiency after a trial for that offense, or 55.36 found guilty but mentally ill after a trial for that offense, in 56.1 states with a guilty but mentally ill verdict; and 56.2 (3) the person was committed pursuant to a court commitment 56.3 order under section 253B.18 or a similar law of another state or 56.4 the United States. 56.5 Subd. 2. [NOTICE.] When a person who is required to 56.6 register under subdivision11b, paragraph (a), is sentenced or 56.7 becomes subject to a juvenile court disposition order, the court 56.8 shall tell the person of the duty to register under this section 56.9 and that, if the person fails to comply with the registration 56.10 requirements, information about the offender may be made 56.11 available to the public through electronic, computerized, or 56.12 other accessible means. The court may not modify the person's 56.13 duty to register in the pronounced sentence or disposition 56.14 order. The court shall require the person to read and sign a 56.15 form stating that the duty of the person to register under this 56.16 section has been explained. The court shall forward the signed 56.17 sex offender registration form, the complaint, and sentencing 56.18 documents to the Bureauof Criminal Apprehension. If a person 56.19 required to register under subdivision11b, paragraph (a), was 56.20 not notified by the court of the registration requirement at the 56.21 time of sentencing or disposition, the assigned corrections 56.22 agent shall notify the person of the requirements of this 56.23 section. When a person who is required to register under 56.24 subdivision11b, paragraph (c) or (d), is released from 56.25 commitment, the treatment facility shall notify the person of 56.26 the requirements of this section. The treatment facility shall 56.27 also obtain the registration information required under this 56.28 section and forward it to the Bureauof Criminal Apprehension. 56.29 Subd. 3. [REGISTRATION PROCEDURE.] (a) Except as provided 56.30 in subdivision 3a, a person required to register under this 56.31 section shall register with the corrections agent as soon as the 56.32 agent is assigned to the person. If the person does not have an 56.33 assigned corrections agent or is unable to locate the assigned 56.34 corrections agent, the person shall register with the law 56.35 enforcementagencyauthority that has jurisdiction in the area 56.36 of the person'sresidenceprimary address. 57.1 (b) Except as provided in subdivision 3a, at least five 57.2 days before the person starts living at a new primary address, 57.3 including living in another state, the person shall give written 57.4 notice of the new primarylivingaddress to the assigned 57.5 corrections agent or to the law enforcement authority with which 57.6 the person currently is registered. If the person will be 57.7 living in a new state and that state has a registration 57.8 requirement, the person shall also give written notice of the 57.9 new address to the designated registration agency in the new 57.10 state. A person required to register under this section shall 57.11 also give written notice to the assigned corrections agent or to 57.12 the law enforcement authority that has jurisdiction in the area 57.13 of the person'sresidenceprimary address that the person is no 57.14 longer living or staying at an address, immediately after the 57.15 person is no longer living or staying at that address. The 57.16 corrections agent or law enforcement authority shall, within two 57.17 business days after receipt of this information, forward it to 57.18 the Bureauof Criminal Apprehension. The Bureauof Criminal57.19Apprehensionshall, if it has not already been done, notify the 57.20 law enforcement authority having primary jurisdiction in the 57.21 community where the person will live of the new address. If the 57.22 person is leaving the state, the Bureauof Criminal Apprehension57.23 shall notify the registration authority in the new state of the 57.24 new address.If the person's obligation to register arose under57.25subdivision 1, paragraph (b),The person's registration 57.26 requirements under this section terminatewhenafter the person 57.27 begins living in the new state and the bureau has confirmed the 57.28 address in the other state through the annual verification 57.29 process on at least one occasion. 57.30 (c) A person required to register under subdivision11b, 57.31 paragraph (b), because the person is working or attending school 57.32 in Minnesota shall register with the law enforcement 57.33agencyauthority that has jurisdiction in the area where the 57.34 person works or attends school. In addition to other 57.35 information required by this section, the person shall provide 57.36 the address of the school or of the location where the person is 58.1 employed. A personmustshall comply with this paragraph within 58.2 five days of beginning employment or school. A person's 58.3 obligation to register under this paragraph terminates when the 58.4 person is no longer working or attending school in Minnesota. 58.5 (d) A person required to register under this section who 58.6 works or attends school outside of Minnesota shall register as a 58.7 predatory offender in the state where the person works or 58.8 attends school. The person's corrections agent, or if the 58.9 person does not have an assigned corrections agent, the law 58.10 enforcement authority that has jurisdiction in the area of the 58.11 person'sresidenceprimary address shall notify the person of 58.12 this requirement. 58.13 Subd. 3a. [REGISTRATION PROCEDURE WHEN PERSON LACKS 58.14 PRIMARY ADDRESS.] (a) If a person leaves a primary address and 58.15 does not have a new primary address, the person shall register 58.16 with the law enforcement authority that has jurisdiction in the 58.17 area where the person is staying within 24 hours of the time the 58.18 person no longer has a primary address. 58.19 (b) A person who lacks a primary address shall register 58.20 with the law enforcement authority that has jurisdiction in the 58.21 area where the person is staying within 24 hours after entering 58.22 the jurisdiction. Each time a person who lacks a primary 58.23 address moves to a new jurisdiction without acquiring a new 58.24 primary address, the person shall register with the law 58.25 enforcement authority that has jurisdiction in the area where 58.26 the person is staying within 24 hours after entering the 58.27 jurisdiction. 58.28 (c) Upon registering under this subdivision, the person 58.29 shall provide the law enforcement authority with all of the 58.30 information the individual is required to provide under 58.31 subdivision 4a. However, instead of reporting the person's 58.32 primary address, the person shall describe the location of where 58.33 the person is staying with as much specificity as possible. 58.34 (d) Except as otherwise provided in paragraph (e), if a 58.35 person continues to lack a primary address, the person shall 58.36 report in person on a weekly basis to the law enforcement 59.1 authority with jurisdiction in the area where the person is 59.2 staying. This weekly report shall occur between the hours of 59.3 9:00 a.m. and 5:00 p.m. The person is not required to provide 59.4 the registration information required under subdivision 4a each 59.5 time the offender reports to an authority, but the person shall 59.6 inform the authority of changes to any information provided 59.7 under this subdivision or subdivision 4a and shall otherwise 59.8 comply with this subdivision. 59.9 (e) If the law enforcement authority determines that it is 59.10 impractical, due to the person's unique circumstances, to 59.11 require a person lacking a primary address to report weekly and 59.12 in person as required under paragraph (d), the authority may 59.13 authorize the person to follow an alternative reporting 59.14 procedure. The authority shall consult with the person's 59.15 corrections agent, if the person has one, in establishing the 59.16 specific criteria of this alternative procedure, subject to the 59.17 following requirements: 59.18 (1) the authority shall document, in the person's 59.19 registration record, the specific reasons why the weekly 59.20 in-person reporting process is impractical for the person to 59.21 follow; 59.22 (2) the authority shall explain how the alternative 59.23 reporting procedure furthers the public safety objectives of 59.24 this section; 59.25 (3) the authority shall require the person lacking a 59.26 primary address to report in person at least monthly to the 59.27 authority or the person's corrections agent and shall specify 59.28 the location where the person shall report. If the authority 59.29 determines it would be more practical and would further public 59.30 safety for the person to report to another law enforcement 59.31 authority with jurisdiction where the person is staying, it may, 59.32 after consulting with the other law enforcement authority, 59.33 include this requirement in the person's alternative reporting 59.34 process; 59.35 (4) the authority shall require the person to comply with 59.36 the weekly, in-person reporting process required under paragraph 60.1 (d), if the person moves to a new area where this process would 60.2 be practical; 60.3 (5) the authority shall require the person to report any 60.4 changes to the registration information provided under 60.5 subdivision 4a and to comply with the periodic registration 60.6 requirements specified under paragraph (f); and 60.7 (6) the authority shall require the person to comply with 60.8 the requirements of subdivision 3, paragraphs (b) and (c), if 60.9 the person moves to a primary address. 60.10 (f) If a person continues to lack a primary address and 60.11 continues to report to the same law enforcement authority, the 60.12 person shall provide the authority with all of the information 60.13 the individual is required to provide under this subdivision and 60.14 subdivision 4a at least annually, unless the person is required 60.15 to register under subdivision 1b, paragraph (c), following 60.16 commitment pursuant to a court commitment under section 253B.185 60.17 or a similar law of another state or the United States. If the 60.18 person is required to register under subdivision 1b, paragraph 60.19 (c), the person shall provide the law enforcement authority with 60.20 all of the information the individual is required to report 60.21 under this subdivision and subdivision 4a at least once every 60.22 three months. 60.23 (g) A law enforcement authority receiving information under 60.24 this subdivision shall forward registration information and 60.25 changes to that information to the bureau within two business 60.26 days of receipt of the information. 60.27 (h) For purposes of this subdivision, a person who fails to 60.28 report a primary address will be deemed to be a person who lacks 60.29 a primary address, and the person shall comply with the 60.30 requirements for a person who lacks a primary address. 60.31 Subd. 4. [CONTENTS OF REGISTRATION.] (a) The registration 60.32 provided to the corrections agent or law enforcement authority, 60.33 must consist of a statement in writing signed by the person, 60.34 giving information required by the Bureauof Criminal60.35Apprehension, a fingerprint card, and photograph of the person 60.36 taken at the time of the person's release from incarceration or, 61.1 if the person was not incarcerated, at the time the person 61.2 initially registered under this section. The registration 61.3 information also must include a written consent form signed by 61.4 the person allowing a treatment facility or residential housing 61.5 unit or shelter to release information to a law enforcement 61.6 officer about the person's admission to, or residence in, a 61.7 treatment facility or residential housing unit or shelter. 61.8 Registration information on adults and juveniles may be 61.9 maintained together notwithstanding section 260B.171, 61.10 subdivision 3. 61.11 (b) For persons required to register under subdivision161.12 1b, paragraph (c), following commitment pursuant to a court 61.13 commitment under section 253B.185 or a similar law of another 61.14 state or the United States, in addition to other information 61.15 required by this section, the registration provided to the 61.16 corrections agent or law enforcement authority must include the 61.17 person's offense history and documentation of treatment received 61.18 during the person's commitment. This documentationshall beis 61.19 limited to a statement of how far the person progressed in 61.20 treatment during commitment. 61.21 (c) Within three days of receipt, the corrections agent or 61.22 law enforcement authority shall forward the registration 61.23 information to the Bureauof Criminal Apprehension. The bureau 61.24 shall ascertain whether the person has registered with the law 61.25 enforcement authoritywhere the person residesin the area of 61.26 the person's primary address, if any, or if the person lacks a 61.27 primary address, where the person is staying, as required by 61.28 subdivision 3a. If the person has not registered with the law 61.29 enforcement authority, the bureau shall send one copy to that 61.30 authority. 61.31 (d) The corrections agent or law enforcement authority may 61.32 require that a person required to register under this section 61.33 appear before the agent or authority to be photographed. The 61.34 agent or authority shall forward the photograph to the Bureauof61.35Criminal Apprehension. 61.36 (e) During the period a person is required to register 62.1 under this section, the followingshallprovisions apply: 62.2 (1) Except for persons registering under subdivision 3a, 62.3 the Bureauof Criminal Apprehensionshall mail a verification 62.4 form to thelast reported address of theperson'sresidencelast 62.5 reported primary address. This verification formshallmust 62.6 provide notice to the offender that, if the offender does not 62.7 return the verification form as required, information about the 62.8 offender may be made available to the public through electronic, 62.9 computerized, or other accessible means. For persons who are 62.10 registered under subdivision 3a, the bureau shall mail an annual 62.11 verification form to the law enforcement authority where the 62.12 offender most recently reported. The authority shall provide 62.13 the verification form to the person at the next weekly meeting 62.14 and ensure that the person completes and signs the form and 62.15 returns it to the bureau. 62.16 (2) The person shall mail the signed verification form back 62.17 to the Bureauof Criminal Apprehensionwithin ten days after 62.18 receipt of the form, stating on the form the current and last 62.19 address of the person's residence and the other information 62.20 required under subdivision 4a. 62.21 (3) In addition to the requirements listed in this section, 62.22 a person who is assigned to risk level II or risk level III 62.23 under section 244.052, and who is no longer under correctional 62.24 supervision, shall have an annual in-person contact with the law 62.25 enforcement authority in the area of the person's primary 62.26 address or, if the person has no primary address, where the 62.27 person is staying. During the month of the person's birth date, 62.28 the person shall report to the authority to verify the accuracy 62.29 of the registration information and to be photographed. Within 62.30 three days of this contact, the authority shall enter 62.31 information as required by the bureau into the predatory 62.32 offender registration database and submit an updated photograph 62.33 of the person to the bureau's predatory offender registration 62.34 unit. 62.35 (4) If the person fails to mail the completed and signed 62.36 verification form to the Bureauof Criminal Apprehensionwithin 63.1 ten days after receipt of the form, or if the person fails to 63.2 report to the law enforcement authority during the month of the 63.3 person's birth date, the personshall beis in violation of this 63.4 section. 63.5 (5) For any person who fails to mail the completed and 63.6 signed verification form to the bureau within ten days after 63.7 receipt of the form and who has been determined to be a level 63.8 III offender under section 244.052, the bureau shall immediately 63.9 investigate and notify local law enforcement authorities to 63.10 investigate the person's location and to ensure compliance with 63.11 this section. The bureau also shall immediately give notice of 63.12 the person's violation of this section to the law enforcement 63.13 authority having jurisdiction over the person's last registered 63.14 address or addresses. 63.15 For persons required to register under subdivision11b, 63.16 paragraph (c), following commitment pursuant to a court 63.17 commitment under section 253B.185 or a similar law of another 63.18 state or the United States, the bureau shall comply with clause 63.19 (1) at least four times each year. For persons who, under 63.20 section 244.052, are assigned to risk level III and who are no 63.21 longer under correctional supervision, the bureau shall comply 63.22 with clause (1) at least two times each year. For all other 63.23 persons required to register under this section, the bureau 63.24 shall comply with clause (1) each year within 30 days of the 63.25 anniversary date of the person's initial registration. 63.26 (f) When sending out a verification form, the Bureauof63.27Criminal Apprehension mustshall determine whether the person to 63.28 whom the verification form is being sent has signed a written 63.29 consent form as provided for in paragraph (a). If the person 63.30 has not signed such a consent form, the Bureauof Criminal63.31Apprehension mustshall send a written consent form to the 63.32 person along with the verification form. A person who receives 63.33 this written consent formmustshall sign and return it to the 63.34 Bureauof Criminal Apprehensionat the same time as the 63.35 verification form. 63.36(g) For the purposes of this subdivision, "treatment64.1facility" means a residential facility, as defined in section64.2244.052, subdivision 1, and residential chemical dependency64.3treatment programs and halfway houses licensed under chapter64.4245A, including, but not limited to, those facilities directly64.5or indirectly assisted by any department or agency of the United64.6States.64.7 Subd. 4a. [INFORMATION REQUIRED TO BE PROVIDED.] (a)As64.8used in this section:64.9(1) "motor vehicle" has the meaning given "vehicle" in64.10section 169.01, subdivision 2;64.11(2) "primary residence" means any place where the person64.12resides longer than 14 days or that is deemed a primary64.13residence by a person's corrections agent, if one is assigned to64.14the person; and64.15(3) "secondary residence" means any place where the person64.16regularly stays overnight when not staying at the person's64.17primary residence, and includes, but is not limited to:64.18(i) the person's parent's home if the person is a student64.19and stays at the home at times when the person is not staying at64.20school, including during the summer; and64.21(ii) the home of someone with whom the person has a minor64.22child in common where the child's custody is shared.64.23(b)A person required to register under this section shall 64.24 provide to the corrections agent or law enforcement authority 64.25 the following information: 64.26 (1) theaddress of theperson's primaryresidenceaddress; 64.27 (2)the addresses ofall of the person's secondary 64.28residencesaddresses in Minnesota, including all addresses used 64.29 for residential or recreational purposes; 64.30 (3) the addresses of all Minnesota property owned, leased, 64.31 or rented by the person; 64.32 (4) the addresses of all locations where the person is 64.33 employed; 64.34 (5) the addresses of allresidencesschools where the 64.35 personresides while attending schoolis enrolled; and 64.36 (6) the year, model, make, license plate number, and color 65.1 of all motor vehicles owned or regularly driven by the person. 65.2(c)(b) The person shall report to the agent or authority 65.3 the information required to be provided under paragraph(b)(a), 65.4 clauses (2) to (6), within five days of the date the clause 65.5 becomes applicable. If because of a change in circumstances any 65.6 information reported under paragraph(b)(a), clauses (1) to 65.7 (6), no longer applies, the person shall immediately inform the 65.8 agent or authority that the information is no longer valid. If 65.9 the person leaves a primary address and does not have a new 65.10 primary address, the person shall register as provided in 65.11 subdivision 3a. 65.12 Subd. 5. [CRIMINAL PENALTY.] (a) A person required to 65.13 register under this section who knowingly violates any of its 65.14 provisions or intentionally provides false information to a 65.15 corrections agent, law enforcement authority, or the Bureauof65.16Criminal Apprehensionis guilty of a felony and may be sentenced 65.17 to imprisonment for not more than five years or to payment of a 65.18 fine of not more than $10,000, or both. 65.19 (b) Except as provided in paragraph (c), a person convicted 65.20 of violating paragraph (a) shall be committed to the custody of 65.21 the commissioner of corrections for not less than a year and a 65.22 day, nor more than five years. 65.23 (c) A person convicted of violating paragraph (a), who has 65.24 previously been convicted of or adjudicated delinquent for 65.25 violating this section, shall be committed to the custody of the 65.26 commissioner of corrections for not less than two years, nor 65.27 more than five years. 65.28 (d) Prior to the time of sentencing, the prosecutor may 65.29 file a motion to have the person sentenced without regard to the 65.30 mandatory minimum sentence established by this subdivision. The 65.31 motionshallmust be accompanied by a statement on the record of 65.32 the reasons for it. When presented with the motion, or on its 65.33 own motion, the court may sentence the person without regard to 65.34 the mandatory minimum sentence if the court finds substantial 65.35 and compelling reasons to do so. Sentencing a person in the 65.36 manner described in this paragraph is a departure from the 66.1 Sentencing Guidelines. 66.2 (e) A person convicted and sentenced as required by this 66.3 subdivision is not eligible for probation, parole, discharge, 66.4 work release, conditional release, or supervised release, until 66.5 that person has served the full term of imprisonment as provided 66.6 by law, notwithstanding the provisions of sections 241.26, 66.7 242.19, 243.05, 244.04, 609.12, and 609.135. 66.8 Subd. 5a. [CONDITIONAL RELEASE.] (a) Notwithstanding the 66.9 statutory maximum sentence otherwise applicable to the offense 66.10 or any provision of the sentencing guidelines, when a court 66.11 convicts a person who is a level III sex offender under section 66.12 244.052, subdivision 3, paragraph (e), for a violation of 66.13 subdivision 5, the court shall provide that after the person has 66.14 completed the sentence imposed, the commissioner of corrections 66.15 shall place the person on conditional release for the remainder 66.16 of the person's life. 66.17 (b) The conditions of release may include satisfaction of 66.18 the release conditions specified in section 244.05, subdivision 66.19 6, and any other conditions the commissioner considers 66.20 appropriate. If the offender fails to meet any condition of 66.21 release, the commissioner may revoke the offender's conditional 66.22 release and order that the offender serve the remaining portion 66.23 of the conditional release term in prison. 66.24 Conditional release under this subdivision is governed by 66.25 provisions relating to supervised release, except as otherwise 66.26 provided in this subdivision or section 244.05. 66.27 Subd. 6. [REGISTRATION PERIOD.] (a) Notwithstanding the 66.28 provisions of section 609.165, subdivision 1, and except as 66.29 provided in paragraphs (b), (c), and (d), a person required to 66.30 register under this section shall continue to comply with this 66.31 section until ten years have elapsed since the person initially 66.32 registered in connection with the offense, or until the 66.33 probation, supervised release, or conditional release period 66.34 expires, whichever occurs later. For a person required to 66.35 register under this section who is committed under section 66.36 253B.18 or 253B.185, the ten-year registration period does not 67.1 include the period of commitment. 67.2 (b) If a person required to register under this section 67.3 fails toregister following a change in residenceprovide the 67.4 person's primary address as required by subdivision 3, paragraph 67.5 (b), fails to comply with the requirements of subdivision 3a, 67.6 fails to provide information as required by subdivision 4a, or 67.7 fails to return the verification form referenced in subdivision 67.8 4 within ten days, the commissioner of public safety may require 67.9 the person to continue to register for an additional period of 67.10 five years. This five-year period is added to the end of the 67.11 offender's registration period. 67.12 (c) If a person required to register under this section is 67.13 subsequently incarcerated following a conviction for a new 67.14 offense or following a revocation of probation, supervised 67.15 release, or conditional release forthatany offense, or a67.16conviction for any new offense, the person shall continue to 67.17 register until ten years have elapsed since the person was last 67.18 released from incarceration or until the person's probation, 67.19 supervised release, or conditional release period expires, 67.20 whichever occurs later. 67.21 (d) A person shall continue to comply with this section for 67.22 the life of that person: 67.23 (1) if the person is convicted of or adjudicated delinquent 67.24 for any offense for which registration is required under 67.25 subdivision11b, or any offense from another state or any 67.26 federal offense similar to the offenses described in subdivision 67.2711b, and the person has a prior conviction or adjudication for 67.28 an offense for which registration was or would have been 67.29 required under subdivision11b, or an offense from another 67.30 state or a federal offense similar to an offense described in 67.31 subdivision11b; 67.32 (2) if the person is required to register based upon a 67.33 conviction or delinquency adjudication for an offense under 67.34 section 609.185, clause (2), or a similar statute from another 67.35 state or the United States; 67.36 (3) if the person is required to register based upon a 68.1 conviction for an offense under section 609.342, subdivision 1, 68.2 paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 68.3 1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, 68.4 subdivision 1, paragraph (a), (c), or (g); or 609.345, 68.5 subdivision 1, paragraph (a), (c), or (g); or a statute from 68.6 another state or the United States similar to the offenses 68.7 described in this clause; or 68.8 (4) if the person is required to register under subdivision 68.911b, paragraph (c), following commitment pursuant to a court 68.10 commitment under section 253B.185 or a similar law of another 68.11 state or the United States. 68.12 Subd. 7. [USE OF INFORMATION.] Except as otherwise 68.13 provided in subdivision 7a or sections 244.052 and 299C.093, the 68.14 information provided under this section is private data on 68.15 individuals under section 13.02, subdivision 12. The 68.16 information may be used only for law enforcement purposes. 68.17 Subd. 7a. [AVAILABILITY OF INFORMATION ON OFFENDERS WHO 68.18 ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The Bureauof68.19Criminal Apprehensionmay make information available to the 68.20 public about offenders who are 16 years of age or older and who 68.21 are out of compliance with this section for 30 days or longer 68.22 for failure to provide theaddress of theoffenders' primary or 68.23 secondaryresidencesaddresses. This information may be made 68.24 available to the public through electronic, computerized, or 68.25 other accessible means. The amount and type of information made 68.26 availableshall beis limited to the information necessary for 68.27 the public to assist law enforcement in locating the offender. 68.28 (b) An offender who comes into compliance with this section 68.29 after the Bureauof Criminal Apprehensiondiscloses information 68.30 about the offender to the public may send a written request to 68.31 the bureau requesting the bureau to treat information about the 68.32 offender as private data, consistent with subdivision 7. The 68.33 bureau shall review the request and promptly take reasonable 68.34 action to treat the data as private, if the offender has 68.35 complied with the requirement that the offender providethe68.36addresses ofthe offender's primary and secondaryresidences69.1 addresses, or promptly notify the offender that the information 69.2 will continue to be treated as public information and the 69.3 reasons for the bureau's decision. 69.4 (c) If an offender believes the information made public 69.5 about the offender is inaccurate or incomplete, the offender may 69.6 challenge the data under section 13.04, subdivision 4. 69.7 (d) The Bureauof Criminal Apprehensionis immune from any 69.8 civil or criminal liability that might otherwise arise, based on 69.9 the accuracy or completeness of any information made public 69.10 under this subdivision, if the bureau acts in good faith. 69.11Subd. 8. [LAW ENFORCEMENT AUTHORITY.] For purposes of this69.12section, a law enforcement authority means, with respect to a69.13home rule charter or statutory city, the chief of police, and69.14with respect to an unincorporated area, the sheriff of the69.15county.69.16 Subd. 9. [OFFENDERS FROM OTHER STATES.] (a) When the state 69.17 accepts an offender from another state under a reciprocal 69.18 agreement under the interstate compact authorized by section 69.19 243.16, the interstate compact authorized by section 243.1605, 69.20 or under any authorized interstate agreement, the acceptance is 69.21 conditional on the offender agreeing to register under this 69.22 section when the offender is living in Minnesota. 69.23 (b) The Bureau of Criminal Apprehension shall notify the 69.24 commissioner of corrections: 69.25 (1) when the bureau receives notice from a local law 69.26 enforcement authority that a person from another state who is 69.27 subject to this section has registered with the authority, 69.28 unless the bureau previously received information about the 69.29 offender from the commissioner of corrections; 69.30 (2) when a registration authority, corrections agent, or 69.31 law enforcement agency in another state notifies the bureau that 69.32 a person from another state who is subject to this section is 69.33 moving to Minnesota; and 69.34 (3) when the bureau learns that a person from another state 69.35 is in Minnesota and allegedly in violation of subdivision 5 for 69.36 failure to register. 70.1 (c) When a local law enforcement agency notifies the bureau 70.2 of an out-of-state offender's registration, the agency shall 70.3 provide the bureau with information on whether the person is 70.4 subject to community notification in another state and the risk 70.5 level the person was assigned, if any. 70.6 (d) The bureau must forward all information it receives 70.7 regarding offenders covered under this subdivision from sources 70.8 other than the commissioner of corrections to the commissioner. 70.9 (e) When the bureau receives information directly from a 70.10 registration authority, corrections agent, or law enforcement 70.11 agency in another state that a person who may be subject to this 70.12 section is moving to Minnesota, the bureau must ask whether the 70.13 person entering the state is subject to community notification 70.14 in another state and the risk level the person has been 70.15 assigned, if any. 70.16 (f) When the bureau learns that a person subject to this 70.17 section intends to move into Minnesota from another state or has 70.18 moved into Minnesota from another state, the bureau shall notify 70.19 the law enforcement authority with jurisdiction in the area of 70.20 the person's primary address and provide all information 70.21 concerning the person that is available to the bureau. 70.22 (g) The commissioner of corrections must determine the 70.23 parole, supervised release, or conditional release status of 70.24 persons who are referred to the commissioner under this 70.25 subdivision. If the commissioner determines that a person is 70.26 subject to parole, supervised release, or conditional release in 70.27 another state and is not registered in Minnesota under the 70.28 applicable interstate compact, the commissioner shall inform the 70.29 local law enforcement agency that the person is in violation of 70.30 section 243.161. If the person is not subject to supervised 70.31 release, the commissioner shall notify the bureau and the local 70.32 law enforcement agency of the person's status. 70.33 Subd. 10. [VENUE; AGGREGATION.] (a) A violation of this 70.34 section may be prosecuted in any jurisdiction where an offense 70.35 takes place. However, the prosecutorial agency in the 70.36 jurisdiction where the person last registered a primary address 71.1 is initially responsible to review the case for prosecution. 71.2 (b) When a person commits two or more offenses in two or 71.3 more counties, the accused may be prosecuted for all of the 71.4 offenses in any county in which one of the offenses was 71.5 committed. 71.6 Subd. 11. [CERTIFIED COPIES AS EVIDENCE.] Certified copies 71.7 of predatory offender registration records are admissible as 71.8 substantive evidence when necessary to prove the commission of a 71.9 violation of this section. 71.10 [EFFECTIVE DATE.] The provisions of this section, except 71.11 for subdivision 5a, are effective the day following final 71.12 enactment, and apply to persons subject to predatory offender 71.13 registration on or after that date, except for subdivision 9, 71.14 which is effective July 1, 2004. Subdivision 5a is effective 71.15 August 1, 2004, and applies to crimes committed on or after that 71.16 date. 71.17 Sec. 2. Minnesota Statutes 2002, section 243.167, is 71.18 amended to read: 71.19 243.167 [REGISTRATION UNDER THE PREDATORY OFFENDER 71.20 REGISTRATION LAW FOR OTHER OFFENSES.] 71.21 Subdivision 1. [DEFINITION.] As used in this section, 71.22 "crime against the person" means a violation of any of the 71.23 following or a similar law of another state or of the United 71.24 States: section 609.165; 609.185; 609.19; 609.195; 609.20; 71.25 609.205; 609.221; 609.222; 609.223; 609.2231; 609.224, 71.26 subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235; 71.27 609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 71.28 2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23, 71.29 subdivision 2; or any felony-level violation of section 609.229; 71.30 609.377; 609.749; or 624.713. 71.31 Subd. 2. [WHEN REQUIRED.] (a) In addition to the 71.32 requirements of section 243.166, a person also shall register 71.33 under section 243.166 if: 71.34 (1) the person is convicted of a crime against the person; 71.35 and 71.36 (2) the person was previously convicted of or adjudicated 72.1 delinquent for an offense listed in section 243.166,subdivision72.21, paragraph (a),but was not required to register for the 72.3 offense because the registration requirements of that section 72.4 did not apply to the person at the time the offense was 72.5 committed or at the time the person was released from 72.6 imprisonment. 72.7 (b) A person who was previously required to registerunder72.8section 243.166in any state and who has completed the 72.9 registration requirements of thatsectionstate shall again 72.10 register under section 243.166 if the person commits a crime 72.11 against the person. 72.12 [EFFECTIVE DATE.] This section is effective August 1, 2004, 72.13 and applies to crimes committed on or after that date. 72.14 Sec. 3. Minnesota Statutes 2002, section 244.05, 72.15 subdivision 7, is amended to read: 72.16 Subd. 7. [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 72.17 (a) Before the commissioner releases from prison any inmate 72.18 convicted under sections 609.342 to 609.345 or sentenced as a 72.19 patterned offender under section 609.108, and determined by the 72.20 commissioner to be in a high risk category, the commissioner 72.21 shall make a preliminary determination whether, in the 72.22 commissioner's opinion, a petition under section 253B.185 may be 72.23 appropriate. The commissioner's opinion must be based on a 72.24 recommendation of a Department of Corrections screening 72.25 committee and a legal review and recommendation from a 72.26 representative of the Office of the Attorney General 72.27 knowledgeable in the legal requirements of the civil commitment 72.28 process. 72.29 (b) In making this decision, the commissioner shall have 72.30 access to the following data only for the purposes of the 72.31 assessment and referral decision: 72.32 (1) private medical data under section 13.384 or 144.335, 72.33 or welfare data under section 13.46 that relate to medical 72.34 treatment of the offender; 72.35 (2) private and confidential court services data under 72.36 section 13.84; 73.1 (3) private and confidential corrections data under section 73.2 13.85; and 73.3 (4) private criminal history data under section 13.87. 73.4 (c) If the commissioner determines that a petition may be 73.5 appropriate, the commissioner shall forward this determination, 73.6 along with a summary of the reasons for the determination, to 73.7 the county attorney in the county where the inmate was convicted 73.8 no later than 12 months before the inmate's release date. If 73.9 the inmate is received for incarceration with fewer than 12 73.10 months remaining in the inmate's term of imprisonment, or if the 73.11 commissioner receives additional information less than 12 months 73.12 before releasewhichthat makes the inmate's case appropriate 73.13 for referral, the commissioner shall forward the determination 73.14 as soon as is practicable. Upon receiving the commissioner's 73.15 preliminary determination, the county attorney shall proceed in 73.16 the manner provided in section 253B.185. The commissioner shall 73.17 release to the county attorney all requested documentation 73.18 maintained by the department. 73.19 [EFFECTIVE DATE.] This section is effective the day 73.20 following final enactment. 73.21 Sec. 4. Minnesota Statutes 2002, section 244.052, 73.22 subdivision 3, is amended to read: 73.23 Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 73.24 commissioner of corrections shall establish and administer 73.25 end-of-confinement review committees at each state correctional 73.26 facility and at each state treatment facility where predatory 73.27 offenders are confined. The committees shall assess on a 73.28 case-by-case basis the public risk posed by predatory offenders 73.29 who are about to be released from confinement. 73.30 (b) Each committee shall be a standing committee and shall 73.31 consist of the following members appointed by the commissioner: 73.32 (1) the chief executive officer or head of the correctional 73.33 or treatment facility where the offender is currently confined, 73.34 or that person's designee; 73.35 (2) a law enforcement officer; 73.36 (3) a treatment professional who is trained in the 74.1 assessment of sex offenders; 74.2 (4) a caseworker experienced in supervising sex offenders; 74.3 and 74.4 (5) a victim's services professional. 74.5 Members of the committee, other than the facility's chief 74.6 executive officer or head, shall be appointed by the 74.7 commissioner to two-year terms. The chief executive officer or 74.8 head of the facility or designee shall act as chair of the 74.9 committee and shall use the facility's staff, as needed, to 74.10 administer the committee, obtain necessary information from 74.11 outside sources, and prepare risk assessment reports on 74.12 offenders. 74.13 (c) The committee shall have access to the following data 74.14 on a predatory offender only for the purposes of its assessment 74.15 and to defend the committee's risk assessment determination upon 74.16 administrative review under this section: 74.17 (1) private medical data under section 13.384 or 144.335, 74.18 or welfare data under section 13.46 that relate to medical 74.19 treatment of the offender; 74.20 (2) private and confidential court services data under 74.21 section 13.84; 74.22 (3) private and confidential corrections data under section 74.23 13.85; and 74.24 (4) private criminal history data under section 13.87. 74.25 Data collected and maintained by the committee under this 74.26 paragraph may not be disclosed outside the committee, except as 74.27 provided under section 13.05, subdivision 3 or 4. The predatory 74.28 offender has access to data on the offender collected and 74.29 maintained by the committee, unless the data are confidential 74.30 data received under this paragraph. 74.31 (d)(i) Except as otherwise provided in item (ii), at least 74.32 90 days before a predatory offender is to be released from 74.33 confinement, the commissioner of corrections shall convene the 74.34 appropriate end-of-confinement review committee for the purpose 74.35 of assessing the risk presented by the offender and determining 74.36 the risk level to which the offender shall be assigned under 75.1 paragraph (e). The offender and the law enforcement agency that 75.2 was responsible for the charge resulting in confinement shall be 75.3 notified of the time and place of the committee's meeting. The 75.4 offender has a right to be present and be heard at the meeting. 75.5 The law enforcement agency may provide material in writing that 75.6 is relevant to the offender's risk level to the chair of the 75.7 committee. The committee shall use the risk factors described 75.8 in paragraph (g) and the risk assessment scale developed under 75.9 subdivision 2 to determine the offender's risk assessment score 75.10 and risk level. Offenders scheduled for release from 75.11 confinement shall be assessed by the committee established at 75.12 the facility from which the offender is to be released. 75.13 (ii) If an offender is received for confinement in a 75.14 facility with less than 90 days remaining in the offender's term 75.15 of confinement, the offender's risk shall be assessed at the 75.16 first regularly scheduled end of confinement review committee 75.17 that convenes after the appropriate documentation for the risk 75.18 assessment is assembled by the committee. The commissioner 75.19 shall make reasonable efforts to ensure that offender's risk is 75.20 assessed and a risk level is assigned or reassigned at least 30 75.21 days before the offender's release date. 75.22 (e) The committee shall assign to risk level I a predatory 75.23 offender whose risk assessment score indicates a low risk of 75.24 reoffense. The committee shall assign to risk level II an 75.25 offender whose risk assessment score indicates a moderate risk 75.26 of reoffense. The committee shall assign to risk level III an 75.27 offender whose risk assessment score indicates a high risk of 75.28 reoffense. 75.29 (f) Before the predatory offender is released from 75.30 confinement, the committee shall prepare a risk assessment 75.31 report which specifies the risk level to which the offender has 75.32 been assigned and the reasons underlying the committee's risk 75.33 assessment decision. The committee shall give the report to the 75.34 offender and to the law enforcement agency at least 60 days 75.35 before an offender is released from confinement. If the risk 75.36 assessment is performed under the circumstances described in 76.1 paragraph (d), item (ii), the report shall be given to the 76.2 offender and the law enforcement agency as soon as it is 76.3 available. The committee also shall inform the offender of the 76.4 availability of review under subdivision 6. 76.5 (g) As used in this subdivision, "risk factors" includes, 76.6 but is not limited to, the following factors: 76.7 (1) the seriousness of the offense should the offender 76.8 reoffend. This factor includes consideration of the following: 76.9 (i) the degree of likely force or harm; 76.10 (ii) the degree of likely physical contact; and 76.11 (iii) the age of the likely victim; 76.12 (2) the offender's prior offense history. This factor 76.13 includes consideration of the following: 76.14 (i) the relationship of prior victims to the offender; 76.15 (ii) the number of prior offenses or victims; 76.16 (iii) the duration of the offender's prior offense history; 76.17 (iv) the length of time since the offender's last prior 76.18 offense while the offender was at risk to commit offenses; and 76.19 (v) the offender's prior history of other antisocial acts; 76.20 (3) the offender's characteristics. This factor includes 76.21 consideration of the following: 76.22 (i) the offender's response to prior treatment efforts; and 76.23 (ii) the offender's history of substance abuse; 76.24 (4) the availability of community supports to the offender. 76.25 This factor includes consideration of the following: 76.26 (i) the availability and likelihood that the offender will 76.27 be involved in therapeutic treatment; 76.28 (ii) the availability of residential supports to the 76.29 offender, such as a stable and supervised living arrangement in 76.30 an appropriate location; 76.31 (iii) the offender's familial and social relationships, 76.32 including the nature and length of these relationships and the 76.33 level of support that the offender may receive from these 76.34 persons; and 76.35 (iv) the offender's lack of education or employment 76.36 stability; 77.1 (5) whether the offender has indicated or credible evidence 77.2 in the record indicates that the offender will reoffend if 77.3 released into the community; and 77.4 (6) whether the offender demonstrates a physical condition 77.5 that minimizes the risk of reoffense, including but not limited 77.6 to, advanced age or a debilitating illness or physical condition. 77.7 (h) Upon the request of the law enforcement agency or the 77.8 offender's corrections agent, the commissioner may reconvene the 77.9 end-of-confinement review committee for the purpose of 77.10 reassessing the risk level to which an offender has been 77.11 assigned under paragraph (e). In a request for a reassessment, 77.12 the law enforcement agency which was responsible for the charge 77.13 resulting in confinement or agent shall list the facts and 77.14 circumstances arising after the initial assignment or facts and 77.15 circumstances known to law enforcement or the agent but not 77.16 considered by the committee under paragraph (e) which support 77.17 the request for a reassessment. The request for reassessment by 77.18 the law enforcement agency must occur within 30 days of receipt 77.19 of the report indicating the offender's risk level assignment. 77.20 The offender's corrections agent, in consultation with the chief 77.21 law enforcement officer in the area where the offender resides 77.22 or intends to reside, may request a review of a risk level at 77.23 any time if substantial evidence exists that the offender's risk 77.24 level should be reviewed by an end-of-confinement review 77.25 committee. This evidence includes, but is not limited to, 77.26 evidence of treatment failures or completions, evidence of 77.27 exceptional crime-free community adjustment or lack of 77.28 appropriate adjustment, evidence of substantial community need 77.29 to know more about the offender or mitigating circumstances that 77.30 would narrow the proposed scope of notification, or other 77.31 practical situations articulated and based in evidence of the 77.32 offender's behavior while under supervision. Upon review of the 77.33 request, the end-of-confinement review committee may reassign an 77.34 offender to a different risk level. If the offender is 77.35 reassigned to a higher risk level, the offender has the right to 77.36 seek review of the committee's determination under subdivision 6. 78.1 (i) An offender may request the end-of-confinement review 78.2 committee to reassess the offender's assigned risk level after 78.3 three years have elapsed since the committee's initial risk 78.4 assessment and may renew the request once every two years 78.5 following subsequent denials. In a request for reassessment, 78.6 the offender shall list the facts and circumstances which 78.7 demonstrate that the offender no longer poses the same degree of 78.8 risk to the community. In order for a request for a risk level 78.9 reduction to be granted, the offender must demonstrate full 78.10 compliance with supervised release conditions, completion of 78.11 required post-release treatment programming, and full compliance 78.12 with all registration requirements as detailed in section 78.13 243.166. The offender must also not have been convicted of any 78.14 felony, gross misdemeanor, or misdemeanor offenses subsequent to 78.15 the assignment of the original risk level. The committee shall 78.16 follow the process outlined in paragraphs (a) to (c) in the 78.17 reassessment. An offender who is incarcerated may not request a 78.18 reassessment under this paragraph. 78.19 (j) Offenders returned to prison as release violators shall 78.20 not have a right to a subsequent risk reassessment by the 78.21 end-of-confinement review committee unless substantial evidence 78.22 indicates that the offender's risk to the public has increased. 78.23 (k)The commissioner shall establish an end-of-confinement78.24review committee to assign a risk level to offenders who are78.25released from a federal correctional facility in Minnesota or78.26another state and who intend to reside in Minnesota, and to78.27offenders accepted from another state under a reciprocal78.28agreement for parole supervision under the interstate compact78.29authorized by section 243.16. The committee shall make78.30reasonable efforts to conform to the same timelines as applied78.31to Minnesota cases. Offenders accepted from another state under78.32a reciprocal agreement for probation supervision are not78.33assigned a risk level, but are considered downward dispositional78.34departures. The probation or court services officer and law78.35enforcement officer shall manage such cases in accordance with78.36section 244.10, subdivision 2a. The policies and procedures of79.1the committee for federal offenders and interstate compact cases79.2must be in accordance with all requirements as set forth in this79.3section, unless restrictions caused by the nature of federal or79.4interstate transfers prevents such conformance.79.5(l)If the committee assigns a predatory offender to risk 79.6 level III, the committee shall determine whether residency 79.7 restrictions shall be included in the conditions of the 79.8 offender's release based on the offender's pattern of offending 79.9 behavior. 79.10 [EFFECTIVE DATE.] This section is effective July 1, 2004, 79.11 and applies to persons subject to community notification on or 79.12 after that date. 79.13 Sec. 5. Minnesota Statutes 2002, section 244.052, is 79.14 amended by adding a subdivision to read: 79.15 Subd. 3a. [OFFENDERS FROM OTHER STATES AND OFFENDERS 79.16 RELEASED FROM FEDERAL FACILITIES.] (a) Except as provided in 79.17 paragraph (b), the commissioner shall establish an 79.18 end-of-confinement review committee to assign a risk level: 79.19 (1) to offenders who are released from a federal 79.20 correctional facility in Minnesota or a federal correctional 79.21 facility in another state and who intend to reside in Minnesota; 79.22 (2) to offenders who are accepted from another state under 79.23 the interstate compact authorized by section 243.16 or 243.1605 79.24 or any other authorized interstate agreement; and 79.25 (3) to offenders who are referred to the committee by local 79.26 law enforcement agencies under paragraph (f). 79.27 (b) This subdivision does not require the commissioner to 79.28 convene an end-of-confinement review committee for a person 79.29 coming into Minnesota who is subject to probation under another 79.30 state's law. The probation or court services officer and law 79.31 enforcement officer shall manage such cases in accordance with 79.32 section 244.10, subdivision 2a. 79.33 (c) The committee shall make reasonable efforts to conform 79.34 to the same timelines applied to offenders released from a 79.35 Minnesota correctional facility and shall collect all relevant 79.36 information and records on offenders assessed and assigned a 80.1 risk level under this subdivision. However, for offenders who 80.2 were assigned the most serious risk level by another state, the 80.3 committee must act promptly to collect the information required 80.4 under this paragraph. 80.5 The end-of-confinement review committee must proceed in 80.6 accordance with all requirements set forth in this section and 80.7 follow all policies and procedures applied to offenders released 80.8 from a Minnesota correctional facility in reviewing information 80.9 and assessing the risk level of offenders covered by this 80.10 subdivision, unless restrictions caused by the nature of federal 80.11 or interstate transfers prevent such conformance. All of the 80.12 provisions of this section apply to offenders who are assessed 80.13 and assigned a risk level under this subdivision. 80.14 (d) If a local law enforcement agency learns or suspects 80.15 that a person who is subject to this section is living in 80.16 Minnesota and a risk level has not been assigned to the person 80.17 under this section, the law enforcement agency shall provide 80.18 this information to the Bureau of Criminal Apprehension and the 80.19 commissioner of corrections within three business days. 80.20 (e) If the commissioner receives reliable information from 80.21 a local law enforcement agency or the bureau that a person 80.22 subject to this section is living in Minnesota and a local law 80.23 enforcement agency so requests, the commissioner must determine 80.24 if the person was assigned a risk level under a law comparable 80.25 to this section. If the commissioner determines that the law is 80.26 comparable and public safety warrants, the commissioner, within 80.27 three business days of receiving a request, shall notify the 80.28 local law enforcement agency that it may, in consultation with 80.29 the department, proceed with notification under subdivision 4 80.30 based on the person's out-of-state risk level. However, if the 80.31 commissioner concludes that the offender is from a state with a 80.32 risk level assessment law that is not comparable to this 80.33 section, the extent of the notification may not exceed that of a 80.34 risk level II offender under subdivision 4, paragraph (b), 80.35 unless the requirements of paragraph (f) have been met. If an 80.36 assessment is requested from the end-of-confinement review 81.1 committee under paragraph (f), the local law enforcement agency 81.2 may continue to disclose information under subdivision 4 until 81.3 the committee assigns the person a risk level. After the 81.4 committee assigns a risk level to an offender pursuant to a 81.5 request made under paragraph (f), the information disclosed by 81.6 law enforcement shall be consistent with the risk level assigned 81.7 by the End-of-Confinement Review Committee. The commissioner of 81.8 corrections, in consultation with legal advisers, shall 81.9 determine whether the law of another state is comparable to this 81.10 section. 81.11 (f) If the local law enforcement agency wants to make a 81.12 broader disclosure than is authorized under paragraph (e), the 81.13 law enforcement agency may request that an End-of-Confinement 81.14 Review Committee assign a risk level to the offender. The local 81.15 law enforcement agency shall provide to the committee all 81.16 information concerning the offender's criminal history, the risk 81.17 the offender poses to the community, and other relevant 81.18 information. The department shall attempt to obtain other 81.19 information relevant to determining which risk level to assign 81.20 the offender. The committee shall promptly assign a risk level 81.21 to an offender referred to the committee under this paragraph. 81.22 [EFFECTIVE DATE.] This section is effective July 1, 2004, 81.23 and applies to persons subject to community notification on or 81.24 after that date. 81.25 Sec. 6. Minnesota Statutes 2002, section 244.052, 81.26 subdivision 4, is amended to read: 81.27 Subd. 4. [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 81.28 INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 81.29 area where the predatory offender resides, expects to reside, is 81.30 employed, or is regularly found, shall disclose to the public 81.31 any information regarding the offender contained in the report 81.32 forwarded to the agency under subdivision 3, paragraph (f), that 81.33 is relevant and necessary to protect the public and to 81.34 counteract the offender's dangerousness, consistent with the 81.35 guidelines in paragraph (b). The extent of the information 81.36 disclosed and the community to whom disclosure is made must 82.1 relate to the level of danger posed by the offender, to the 82.2 offender's pattern of offending behavior, and to the need of 82.3 community members for information to enhance their individual 82.4 and collective safety. 82.5 (b) The law enforcement agency shall employ the following 82.6 guidelines in determining the scope of disclosure made under 82.7 this subdivision: 82.8 (1) if the offender is assigned to risk level I, the agency 82.9 may maintain information regarding the offender within the 82.10 agency and may disclose it to other law enforcement agencies. 82.11 Additionally, the agency may disclose the information to any 82.12 victims of or witnesses to the offense committed by the 82.13 offender. The agency shall disclose the information to victims 82.14 of the offense committed by the offender who have requested 82.15 disclosure and to adult members of the offender's immediate 82.16 household; 82.17 (2) if the offender is assigned to risk level II, the 82.18 agency also may disclose the information to agencies and groups 82.19 that the offender is likely to encounter for the purpose of 82.20 securing those institutions and protecting individuals in their 82.21 care while they are on or near the premises of the institution. 82.22 These agencies and groups include the staff members of public 82.23 and private educational institutions, day care establishments, 82.24 and establishments and organizations that primarily serve 82.25 individuals likely to be victimized by the offender. The agency 82.26 also may disclose the information to individuals the agency 82.27 believes are likely to be victimized by the offender. The 82.28 agency's belief shall be based on the offender's pattern of 82.29 offending or victim preference as documented in the information 82.30 provided by the department of corrections or human services; 82.31 (3) if the offender is assigned to risk level III, the 82.32 agency shall disclose the information to the persons and 82.33 entities described in clauses (1) and (2) and to other members 82.34 of the community whom the offender is likely to encounter, 82.35 unless the law enforcement agency determines that public safety 82.36 would be compromised by the disclosure or that a more limited 83.1 disclosure is necessary to protect the identity of the victim. 83.2 Notwithstanding the assignment of a predatory offender to 83.3 risk level II or III, a law enforcement agency may not make the 83.4 disclosures permitted or required by clause (2) or (3), if: the 83.5 offender is placed or resides in a residential facility. 83.6 However, if an offender is placed or resides in a residential 83.7 facility, the offender and the head of the facility shall 83.8 designate the offender's likely residence upon release from the 83.9 facility and the head of the facility shall notify the 83.10 commissioner of corrections or the commissioner of human 83.11 services of the offender's likely residence at least 14 days 83.12 before the offender's scheduled release date. The commissioner 83.13 shall give this information to the law enforcement agency having 83.14 jurisdiction over the offender's likely residence. The head of 83.15 the residential facility also shall notify the commissioner of 83.16 corrections or human services within 48 hours after finalizing 83.17 the offender's approved relocation plan to a permanent 83.18 residence. Within five days after receiving this notification, 83.19 the appropriate commissioner shall give to the appropriate law 83.20 enforcement agency all relevant information the commissioner has 83.21 concerning the offender, including information on the risk 83.22 factors in the offender's history and the risk level to which 83.23 the offender was assigned. After receiving this information, 83.24 the law enforcement agency shall make the disclosures permitted 83.25 or required by clause (2) or (3), as appropriate. 83.26 (c) As used in paragraph (b), clauses (2) and (3), "likely 83.27 to encounter" means that: 83.28 (1) the organizations or community members are in a 83.29 location or in close proximity to a location where the offender 83.30 lives or is employed, or which the offender visits or is likely 83.31 to visit on a regular basis, other than the location of the 83.32 offender's outpatient treatment program; and 83.33 (2) the types of interaction which ordinarily occur at that 83.34 location and other circumstances indicate that contact with the 83.35 offender is reasonably certain. 83.36 (d) A law enforcement agency or official who discloses 84.1 information under this subdivision shall make a good faith 84.2 effort to make the notification within 14 days of receipt of a 84.3 confirmed address from the Department of Corrections indicating 84.4 that the offender will be, or has been, released from 84.5 confinement, or accepted for supervision, or has moved to a new 84.6 address and will reside at the address indicated. If a change 84.7 occurs in the release plan, this notification provision does not 84.8 require an extension of the release date. 84.9 (e) A law enforcement agency or official who discloses 84.10 information under this subdivision shall not disclose the 84.11 identity or any identifying characteristics of the victims of or 84.12 witnesses to the offender's offenses. 84.13 (f) A law enforcement agency shall continue to disclose 84.14 information on an offender as required by this subdivision for 84.15 as long as the offender is required to register under section 84.16 243.166. This requirement on a law enforcement agency to 84.17 continue to disclose information also applies to an offender who 84.18 lacks a primary address and is registering under section 84.19 243.166, subdivision 3a. 84.20 (g) A law enforcement agency that is disclosing information 84.21 on an offender assigned to risk level III to the public under 84.22 this subdivision shall inform the commissioner of corrections 84.23 what information is being disclosed and forward this information 84.24 to the commissioner within two days of the agency's 84.25 determination. The commissioner shall post this information on 84.26 the Internet as required in subdivision 4b. 84.27 (h) A city council may adopt a policy that addresses when 84.28 information disclosed under this subdivision must be presented 84.29 in languages in addition to English. The policy may address 84.30 when information must be presented orally, in writing, or both 84.31 in additional languages by the law enforcement agency disclosing 84.32 the information. The policy may provide for different 84.33 approaches based on the prevalence of non-English languages in 84.34 different neighborhoods. 84.35 [EFFECTIVE DATE.] This section is effective the day 84.36 following final enactment, and applies to persons subject to 85.1 community notification on or after that date. 85.2 Sec. 7. [REVISOR'S INSTRUCTION.] 85.3 The revisor of statutes shall change all references to 85.4 section 243.166, subdivision 1, in Minnesota Statutes to section 85.5 243.166. In addition, the revisor shall make other technical 85.6 changes necessitated by this article. 85.7 [EFFECTIVE DATE.] This section is effective the day 85.8 following final enactment. 85.9 Sec. 8. [REPEALER.] 85.10 Minnesota Statutes 2002, section 243.166, subdivisions 1 85.11 and 8, are repealed. 85.12 [EFFECTIVE DATE.] This section is effective the day 85.13 following final enactment. 85.14 ARTICLE 5 85.15 SEX OFFENDER TECHNICAL AND CONFORMING CHANGES 85.16 Section 1. Minnesota Statutes 2002, section 241.67, 85.17 subdivision 3, is amended to read: 85.18 Subd. 3. [PROGRAMS FOR ADULT OFFENDERS COMMITTED TO THE 85.19 COMMISSIONER.] (a) The commissioner shall provide for a range of 85.20 sex offender programs, including intensive sex offender 85.21 programs, within the state adult correctional facility system. 85.22 Participation in any program is subject to the rules and 85.23 regulations of the Department of Corrections. Nothing in this 85.24 section requires the commissioner to accept or retain an 85.25 offender in a program if the offender is determined by prison 85.26 professionals as unamenable to programming within the prison 85.27 system or if the offender refuses or fails to comply with the 85.28 program's requirements. Nothing in this section creates a right 85.29 of an offender to treatment. 85.30 (b) The commissioner shall provide for residential and 85.31 outpatient sex offender programming and aftercare when required 85.32 for conditional release under section609.108609.3459 or as a 85.33 condition of supervised release. 85.34 [EFFECTIVE DATE.] This section is effective August 1, 2004, 85.35 and applies to crimes committed on or after that date. 85.36 Sec. 2. Minnesota Statutes 2002, section 243.166, 86.1 subdivision 1, is amended to read: 86.2 Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall 86.3 register under this section if: 86.4 (1) the person was charged with or petitioned for a felony 86.5 violation of or attempt to violate any of the following, and 86.6 convicted of or adjudicated delinquent for that offense or 86.7 another offense arising out of the same set of circumstances: 86.8 (i) murder under section 609.185, clause (2); or 86.9 (ii) kidnapping under section 609.25; or 86.10 (iii) criminal sexual conduct under section 609.342; 86.11 609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 86.12 (iv) indecent exposure under section 617.23, subdivision 3; 86.13 or 86.14 (2) the person was charged with or petitioned for falsely 86.15 imprisoning a minor in violation of section 609.255, subdivision 86.16 2; soliciting a minor to engage in prostitution in violation of 86.17 section 609.322 or 609.324; soliciting a minor to engage in 86.18 sexual conduct in violation of section 609.352; using a minor in 86.19 a sexual performance in violation of section 617.246; or 86.20 possessing pornographic work involving a minor in violation of 86.21 section 617.247, and convicted of or adjudicated delinquent for 86.22 that offense or another offense arising out of the same set of 86.23 circumstances; or 86.24 (3) the person was convicted of a predatory crime as 86.25 defined in section609.108609.341, subdivision 25, and the 86.26 offender was sentencedas a patterned sex offender or the court86.27found on its own motion or that of the prosecutor that the crime86.28was part of a predatory pattern of behavior that had criminal86.29sexual conduct as its goalunder section 609.3455; or 86.30 (4) the person was convicted of or adjudicated delinquent 86.31 for, including pursuant to a court martial, violating a law of 86.32 the United States, including the Uniform Code of Military 86.33 Justice, similar to the offenses described in clause (1), (2), 86.34 or (3). 86.35 (b) A person also shall register under this section if: 86.36 (1) the person was convicted of or adjudicated delinquent 87.1 in another state for an offense that would be a violation of a 87.2 law described in paragraph (a) if committed in this state; 87.3 (2) the person enters the state to reside, or to work or 87.4 attend school; and 87.5 (3) ten years have not elapsed since the person was 87.6 released from confinement or, if the person was not confined, 87.7 since the person was convicted of or adjudicated delinquent for 87.8 the offense that triggers registration, unless the person is 87.9 subject to lifetime registration, in which case the person must 87.10 register for life regardless of when the person was released 87.11 from confinement, convicted, or adjudicated delinquent. 87.12 For purposes of this paragraph: 87.13 (i) "school" includes any public or private educational 87.14 institution, including any secondary school, trade or 87.15 professional institution, or institution of higher education, 87.16 that the person is enrolled in on a full-time or part-time 87.17 basis; and 87.18 (ii) "work" includes employment that is full time or part 87.19 time for a period of time exceeding 14 days or for an aggregate 87.20 period of time exceeding 30 days during any calendar year, 87.21 whether financially compensated, volunteered, or for the purpose 87.22 of government or educational benefit. 87.23 (c) A person also shall register under this section if the 87.24 person was committed pursuant to a court commitment order under 87.25 section 253B.185 or Minnesota Statutes 1992, section 526.10, or 87.26 a similar law of another state or the United States, regardless 87.27 of whether the person was convicted of any offense. 87.28 (d) A person also shall register under this section if: 87.29 (1) the person was charged with or petitioned for a felony 87.30 violation or attempt to violate any of the offenses listed in 87.31 paragraph (a), clause (1), or a similar law of another state or 87.32 the United States, or the person was charged with or petitioned 87.33 for a violation of any of the offenses listed in paragraph (a), 87.34 clause (2), or a similar law of another state or the United 87.35 States; 87.36 (2) the person was found not guilty by reason of mental 88.1 illness or mental deficiency after a trial for that offense, or 88.2 found guilty but mentally ill after a trial for that offense, in 88.3 states with a guilty but mentally ill verdict; and 88.4 (3) the person was committed pursuant to a court commitment 88.5 order under section 253B.18 or a similar law of another state or 88.6 the United States. 88.7 [EFFECTIVE DATE.] This section is effective August 1, 2004, 88.8 and applies to crimes committed on or after that date. 88.9 Sec. 3. Minnesota Statutes 2002, section 244.05, 88.10 subdivision 1, is amended to read: 88.11 Subdivision 1. [SUPERVISED RELEASE REQUIRED.] Except as 88.12 provided in subdivisions 1b, 4,and5, and section 244.0514, 88.13 every inmate shall serve a supervised release term upon 88.14 completion of the inmate's term of imprisonment as reduced by 88.15 any good time earned by the inmate or extended by confinement in 88.16 punitive segregation pursuant to section 244.04, subdivision 2. 88.17Except for a sex offender conditionally released under section88.18609.108, subdivision 5, the supervised release term shall be88.19equal to the period of good time the inmate has earned, and88.20shall not exceed the length of time remaining in the inmate's88.21sentence.88.22 [EFFECTIVE DATE.] This section is effective August 1, 2004, 88.23 and applies to crimes committed on or after that date. 88.24 Sec. 4. Minnesota Statutes 2002, section 244.05, 88.25 subdivision 3, is amended to read: 88.26 Subd. 3. [SANCTIONS FOR VIOLATION.] If an inmate violates 88.27 the conditions of the inmate's supervised release imposed by the 88.28 commissioner, the commissioner may: 88.29 (1) continue the inmate's supervised release term, with or 88.30 without modifying or enlarging the conditions imposed on the 88.31 inmate; or 88.32 (2) revoke the inmate's supervised release and reimprison 88.33 the inmate for the appropriate period of time. 88.34 The period of time for which a supervised release may be 88.35 revoked may not exceed the period of time remaining in the 88.36 inmate's sentence, except that if a sex offender is sentenced 89.1 and conditionally released under section609.108, subdivision89.25609.3455, the period of time for which conditional release may 89.3 be revoked may not exceed the balance of the conditional release 89.4 term. 89.5 [EFFECTIVE DATE.] This section is effective August 1, 2004, 89.6 and applies to crimes committed on or after that date. 89.7 Sec. 5. Minnesota Statutes 2002, section 244.05, 89.8 subdivision 4, is amended to read: 89.9 Subd. 4. [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 89.10 serving a mandatory life sentence under section 609.106 must not 89.11 be given supervised release under this section. An inmate 89.12 serving a mandatory life sentence under section 609.185, clause 89.13 (1), (3), (5), or (6); or 609.109, subdivision 2a, must not be 89.14 given supervised release under this section without having 89.15 served a minimum term of 30 years. An inmate serving a 89.16 mandatory life sentence under section 609.385 must not be given 89.17 supervised release under this section without having served a 89.18 minimum term of imprisonment of 17 years. 89.19 [EFFECTIVE DATE.] This section is effective August 1, 2004, 89.20 and applies to crimes committed on or after that date. 89.21 Sec. 6. Minnesota Statutes 2002, section 244.05, 89.22 subdivision 6, is amended to read: 89.23 Subd. 6. [INTENSIVE SUPERVISED RELEASE.] The commissioner 89.24 may order that an inmate be placed on intensive supervised 89.25 release for all or part of the inmate's supervised release or 89.26 parole term if the commissioner determines that the action will 89.27 further the goals described in section 244.14, subdivision 1, 89.28 clauses (2), (3), and (4). In addition, the commissioner may 89.29 order that an inmate be placed on intensive supervised release 89.30 for all of the inmate's conditional or supervised release term 89.31 if the inmate was convicted of a sex offense under sections 89.32 609.342 to 609.345 orwas sentenced under the provisions of89.33section 609.108609.3453. The commissioner may impose 89.34 appropriate conditions of release on the inmate including but 89.35 not limited to unannounced searches of the inmate's person, 89.36 vehicle, or premises by an intensive supervision agent; 90.1 compliance with court-ordered restitution, if any; random drug 90.2 testing; house arrest; daily curfews; frequent face-to-face 90.3 contacts with an assigned intensive supervision agent; work, 90.4 education, or treatment requirements; and electronic 90.5 surveillance. In addition, any sex offender placed on intensive 90.6 supervised release may be ordered to participate in an 90.7 appropriate sex offender program as a condition of release. If 90.8 the inmate violates the conditions of the intensive supervised 90.9 release, the commissioner shall impose sanctions as provided in 90.10 subdivision 3 and section609.108244.0514. 90.11 [EFFECTIVE DATE.] This section is effective August 1, 2004, 90.12 and applies to crimes committed on or after that date. 90.13 Sec. 7. Minnesota Statutes 2002, section 244.05, 90.14 subdivision 7, is amended to read: 90.15 Subd. 7. [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 90.16 (a) Before the commissioner releases from prison any inmate who 90.17 has ever been convicted of a felony undersectionssection 90.18 609.342to, 609.343, 609.344, 609.345, or 609.3453 or sentenced 90.19 as a patterned offender under section 609.108, and determined by 90.20 the commissioner to be in a high risk category, the commissioner 90.21 shall make a preliminary determination whether, in the 90.22 commissioner's opinion, a petition under section 253B.185 may be 90.23 appropriate. 90.24 (b) In making this decision, the commissioner shall have 90.25 access to the following data only for the purposes of the 90.26 assessment and referral decision: 90.27 (1) private medical data under section 13.384 or 144.335, 90.28 or welfare data under section 13.46 that relate to medical 90.29 treatment of the offender; 90.30 (2) private and confidential court services data under 90.31 section 13.84; 90.32 (3) private and confidential corrections data under section 90.33 13.85; and 90.34 (4) private criminal history data under section 13.87. 90.35 (c) If the commissioner determines that a petition may be 90.36 appropriate, the commissioner shall forward this determination, 91.1 along with a summary of the reasons for the determination, to 91.2 the county attorney in the county where the inmate was convicted 91.3 no later than 12 months before the inmate's release date. If 91.4 the inmate is received for incarceration with fewer than 12 91.5 months remaining in the inmate's term of imprisonment, or if the 91.6 commissioner receives additional information less than 12 months 91.7 before release which makes the inmate's case appropriate for 91.8 referral, the commissioner shall forward the determination as 91.9 soon as is practicable. Upon receiving the commissioner's 91.10 preliminary determination, the county attorney shall proceed in 91.11 the manner provided in section 253B.185. The commissioner shall 91.12 release to the county attorney all requested documentation 91.13 maintained by the department. 91.14 (d) This subdivision does not apply to an inmate sentenced 91.15 to a mandatory life sentence under section 609.3455 after August 91.16 1, 2004. 91.17 [EFFECTIVE DATE.] This section is effective August 1, 2004, 91.18 and applies to crimes committed on or after that date. 91.19 Sec. 8. Minnesota Statutes 2002, section 244.195, 91.20 subdivision 1, is amended to read: 91.21 Subdivision 1. [DEFINITIONS.] (a) As used in this 91.22 subdivision, the following terms have the meanings given them. 91.23 (b) "Commissioner" means the commissioner of corrections. 91.24 (c) "Conditional release" means parole, supervised release, 91.25 conditional release as authorized by section609.108,91.26subdivision 6, or 609.109, subdivision 7609.3459, work release 91.27 as authorized by sections 241.26, 244.065, and 631.425, 91.28 probation, furlough, and any other authorized temporary release 91.29 from a correctional facility. 91.30 (d) "Court services director" means the director or 91.31 designee of a county probation agency that is not organized 91.32 under chapter 401. 91.33 (e) "Detain" means to take into actual custody, including 91.34 custody within a local correctional facility. 91.35 (f) "Local correctional facility" has the meaning given in 91.36 section 241.021, subdivision 1. 92.1 (g) "Release" means to release from actual custody. 92.2 [EFFECTIVE DATE.] This section is effective August 1, 2004, 92.3 and applies to crimes committed on or after that date. 92.4 Sec. 9. Minnesota Statutes 2002, section 253B.185, 92.5 subdivision 2, is amended to read: 92.6 Subd. 2. [TRANSFER TO CORRECTIONAL FACILITY.] (a) If a 92.7 person has been committed under this section and later is 92.8 committed to the custody of the commissioner of corrections for 92.9 any reason, including but not limited to, being sentenced for a 92.10 crime or revocation of the person's supervised release or 92.11 conditional release under section 244.05, 609.108, subdivision92.126, or 609.109, subdivision 7or 609.3459, the person shall be 92.13 transferred to a facility designated by the commissioner of 92.14 corrections without regard to the procedures provided in section 92.15 253B.18. 92.16 (b) If a person is committed under this section after a 92.17 commitment to the commissioner of corrections, the person shall 92.18 first serve the sentence in a facility designated by the 92.19 commissioner of corrections. After the person has served the 92.20 sentence, the person shall be transferred to a treatment program 92.21 designated by the commissioner of human services. 92.22 [EFFECTIVE DATE.] This section is effective August 1, 2004, 92.23 and applies to crimes committed on or after that date. 92.24 Sec. 10. Minnesota Statutes 2002, section 401.01, 92.25 subdivision 2, is amended to read: 92.26 Subd. 2. [DEFINITIONS.] (a) For the purposes of sections 92.27 401.01 to 401.16, the following terms have the meanings given 92.28 them. 92.29 (b) "CCA county" means a county that participates in the 92.30 Community Corrections Act. 92.31 (c) "Commissioner" means the commissioner of corrections or 92.32 a designee. 92.33 (d) "Conditional release" means parole, supervised release, 92.34 conditional release as authorized by section609.108,92.35subdivision 6, or 609.109, subdivision 7609.3459, work release 92.36 as authorized by sections 241.26, 244.065, and 631.425, 93.1 probation, furlough, and any other authorized temporary release 93.2 from a correctional facility. 93.3 (e) "County probation officer" means a probation officer 93.4 appointed under section 244.19. 93.5 (f) "Detain" means to take into actual custody, including 93.6 custody within a local correctional facility. 93.7 (g) "Joint board" means the board provided in section 93.8 471.59. 93.9 (h) "Local correctional facility" has the meaning given in 93.10 section 241.021, subdivision 1. 93.11 (i) "Local correctional service" means those services 93.12 authorized by and employees, officers, and agents appointed 93.13 under section 244.19, subdivision 1. 93.14 (j) "Release" means to release from actual custody. 93.15 [EFFECTIVE DATE.] This section is effective August 1, 2004, 93.16 and applies to crimes committed on or after that date. 93.17 Sec. 11. Minnesota Statutes 2002, section 609.117, 93.18 subdivision 1, is amended to read: 93.19 Subdivision 1. [UPON SENTENCING.] The court shall order an 93.20 offender to provide a biological specimen for the purpose of DNA 93.21 analysis as defined in section 299C.155 when: 93.22 (1) the court sentences a person charged with violating or 93.23 attempting to violate any of the following, and the person is 93.24 convicted of that offense or of any offense arising out of the 93.25 same set of circumstances: 93.26 (i) murder under section 609.185, 609.19, or 609.195; 93.27 (ii) manslaughter under section 609.20 or 609.205; 93.28 (iii) assault under section 609.221, 609.222, or 609.223; 93.29 (iv) robbery under section 609.24 or aggravated robbery 93.30 under section 609.245; 93.31 (v) kidnapping under section 609.25; 93.32 (vi) false imprisonment under section 609.255; 93.33 (vii) criminal sexual conduct under section 609.342, 93.34 609.343, 609.344, 609.345,or609.3451, subdivision 3, or 93.35 609.3453; 93.36 (viii) incest under section 609.365; 94.1 (ix) burglary under section 609.582, subdivision 1; or 94.2 (x) indecent exposure under section 617.23, subdivision 3; 94.3 (2)the court sentences a person as a patterned sex94.4offender under section 609.108; or94.5(3)the juvenile court adjudicates a person a delinquent 94.6 child who is the subject of a delinquency petition for violating 94.7 or attempting to violate any of the following, and the 94.8 delinquency adjudication is based on a violation of one of those 94.9 sections or of any offense arising out of the same set of 94.10 circumstances: 94.11 (i) murder under section 609.185, 609.19, or 609.195; 94.12 (ii) manslaughter under section 609.20 or 609.205; 94.13 (iii) assault under section 609.221, 609.222, or 609.223; 94.14 (iv) robbery under section 609.24 or aggravated robbery 94.15 under section 609.245; 94.16 (v) kidnapping under section 609.25; 94.17 (vi) false imprisonment under section 609.255; 94.18 (vii) criminal sexual conduct under section 609.342, 94.19 609.343, 609.344, 609.345,or609.3451, subdivision 3, or 94.20 609.3453; 94.21 (viii) incest under section 609.365; 94.22 (ix) burglary under section 609.582, subdivision 1; or 94.23 (x) indecent exposure under section 617.23, subdivision 3. 94.24 The biological specimen or the results of the analysis shall be 94.25 maintained by the Bureau of Criminal Apprehension as provided in 94.26 section 299C.155. 94.27 [EFFECTIVE DATE.] This section is effective August 1, 2004, 94.28 and applies to crimes committed on or after that date. 94.29 Sec. 12. Minnesota Statutes 2002, section 609.117, 94.30 subdivision 2, is amended to read: 94.31 Subd. 2. [BEFORE RELEASE.] The commissioner of corrections 94.32 or local corrections authority shall order a person to provide a 94.33 biological specimen for the purpose of DNA analysis before 94.34 completion of the person's term of imprisonment when the person 94.35 has not provided a biological specimen for the purpose of DNA 94.36 analysis and the person: 95.1 (1) is currently serving a term of imprisonment for or has 95.2 a past conviction for violating or attempting to violate any of 95.3 the following or a similar law of another state or the United 95.4 States or initially charged with violating one of the following 95.5 sections or a similar law of another state or the United States 95.6 and convicted of another offense arising out of the same set of 95.7 circumstances: 95.8 (i) murder under section 609.185, 609.19, or 609.195; 95.9 (ii) manslaughter under section 609.20 or 609.205; 95.10 (iii) assault under section 609.221, 609.222, or 609.223; 95.11 (iv) robbery under section 609.24 or aggravated robbery 95.12 under section 609.245; 95.13 (v) kidnapping under section 609.25; 95.14 (vi) false imprisonment under section 609.255; 95.15 (vii) criminal sexual conduct under section 609.342, 95.16 609.343, 609.344, 609.345,or609.3451, subdivision 3, or 95.17 609.3453; 95.18 (viii) incest under section 609.365; 95.19 (ix) burglary under section 609.582, subdivision 1; or 95.20 (x) indecent exposure under section 617.23, subdivision 3; 95.21 or 95.22 (2)was sentenced as a patterned sex offender under section95.23609.108, and committed to the custody of the commissioner of95.24corrections; or95.25(3)is serving a term of imprisonment in this state under a 95.26 reciprocal agreement although convicted in another state of an 95.27 offense described in this subdivision or a similar law of the 95.28 United States or any other state. The commissioner of 95.29 corrections or local corrections authority shall forward the 95.30 sample to the Bureau of Criminal Apprehension. 95.31 [EFFECTIVE DATE.] This section is effective August 1, 2004, 95.32 and applies to crimes committed on or after that date. 95.33 Sec. 13. Minnesota Statutes 2002, section 609.1351, is 95.34 amended to read: 95.35 609.1351 [PETITION FOR CIVIL COMMITMENT.] 95.36 When a court sentences a person under section609.108,96.1 609.342, 609.343, 609.344,or609.345, or 609.3453, the court 96.2 shall make a preliminary determination whether in the court's 96.3 opinion a petition under section 253B.185 may be appropriate and 96.4 include the determination as part of the sentencing order. If 96.5 the court determines that a petition may be appropriate, the 96.6 court shall forward its preliminary determination along with 96.7 supporting documentation to the county attorney. 96.8 [EFFECTIVE DATE.] This section is effective August 1, 2004, 96.9 and applies to crimes committed on or after that date. 96.10 Sec. 14. Minnesota Statutes 2002, section 609.347, is 96.11 amended to read: 96.12 609.347 [EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.] 96.13 Subdivision 1. In a prosecution under sections609.109 or96.14 609.342 to 609.3451 or 609.3453, the testimony of a victim need 96.15 not be corroborated. 96.16 Subd. 2. In a prosecution under sections609.109 or96.17 609.342 to 609.3451, or 609.3453, there is no need to show that 96.18 the victim resisted the accused. 96.19 Subd. 3. In a prosecution under sections609.109,609.342 96.20 to 609.3451, 609.3453, or 609.365, evidence of the victim's 96.21 previous sexual conduct shall not be admitted nor shall any 96.22 reference to such conduct be made in the presence of the jury, 96.23 except by court order under the procedure provided in 96.24 subdivision 4. The evidence can be admitted only if the 96.25 probative value of the evidence is not substantially outweighed 96.26 by its inflammatory or prejudicial nature and only in the 96.27 circumstances set out in paragraphs (a) and (b). For the 96.28 evidence to be admissible under paragraph (a), subsection (i), 96.29 the judge must find by a preponderance of the evidence that the 96.30 facts set out in the accused's offer of proof are true. For the 96.31 evidence to be admissible under paragraph (a), subsection (ii) 96.32 or paragraph (b), the judge must find that the evidence is 96.33 sufficient to support a finding that the facts set out in the 96.34 accused's offer of proof are true, as provided under Rule 901 of 96.35 the Rules of Evidence. 96.36 (a) When consent of the victim is a defense in the case, 97.1 the following evidence is admissible: 97.2 (i) evidence of the victim's previous sexual conduct 97.3 tending to establish a common scheme or plan of similar sexual 97.4 conduct under circumstances similar to the case at issue. In 97.5 order to find a common scheme or plan, the judge must find that 97.6 the victim made prior allegations of sexual assault which were 97.7 fabricated; and 97.8 (ii) evidence of the victim's previous sexual conduct with 97.9 the accused. 97.10 (b) When the prosecution's case includes evidence of semen, 97.11 pregnancy, or disease at the time of the incident or, in the 97.12 case of pregnancy, between the time of the incident and trial, 97.13 evidence of specific instances of the victim's previous sexual 97.14 conduct is admissible solely to show the source of the semen, 97.15 pregnancy, or disease. 97.16 Subd. 4. The accused may not offer evidence described in 97.17 subdivision 3 except pursuant to the following procedure: 97.18 (a) A motion shall be made by the accused at least three 97.19 business days prior to trial, unless later for good cause shown, 97.20 setting out with particularity the offer of proof of the 97.21 evidence that the accused intends to offer, relative to the 97.22 previous sexual conduct of the victim; 97.23 (b) If the court deems the offer of proof sufficient, the 97.24 court shall order a hearing out of the presence of the jury, if 97.25 any, and in such hearing shall allow the accused to make a full 97.26 presentation of the offer of proof; 97.27 (c) At the conclusion of the hearing, if the court finds 97.28 that the evidence proposed to be offered by the accused 97.29 regarding the previous sexual conduct of the victim is 97.30 admissible under subdivision 3 and that its probative value is 97.31 not substantially outweighed by its inflammatory or prejudicial 97.32 nature, the court shall make an order stating the extent to 97.33 which evidence is admissible. The accused may then offer 97.34 evidence pursuant to the order of the court; 97.35 (d) If new information is discovered after the date of the 97.36 hearing or during the course of trial, which may make evidence 98.1 described in subdivision 3 admissible, the accused may make an 98.2 offer of proof pursuant to clause (a) and the court shall order 98.3 an in camera hearing to determine whether the proposed evidence 98.4 is admissible by the standards herein. 98.5 Subd. 5. In a prosecution under sections609.109 or98.6 609.342 to 609.3451 or 609.3453, the court shall not instruct 98.7 the jury to the effect that: 98.8 (a) It may be inferred that a victim who has previously 98.9 consented to sexual intercourse with persons other than the 98.10 accused would be therefore more likely to consent to sexual 98.11 intercourse again; or 98.12 (b) The victim's previous or subsequent sexual conduct in 98.13 and of itself may be considered in determining the credibility 98.14 of the victim; or 98.15 (c) Criminal sexual conduct is a crime easily charged by a 98.16 victim but very difficult to disprove by an accused because of 98.17 the heinous nature of the crime; or 98.18 (d) The jury should scrutinize the testimony of the victim 98.19 any more closely than it should scrutinize the testimony of any 98.20 witness in any felony prosecution. 98.21 Subd. 6. (a) In a prosecution under sections609.109 or98.22 609.342 to 609.3451, or 609.3453, involving a psychotherapist 98.23 and patient, evidence of the patient's personal or medical 98.24 history is not admissible except when: 98.25 (1) the accused requests a hearing at least three business 98.26 days prior to trial and makes an offer of proof of the relevancy 98.27 of the history; and 98.28 (2) the court finds that the history is relevant and that 98.29 the probative value of the history outweighs its prejudicial 98.30 value. 98.31 (b) The court shall allow the admission only of specific 98.32 information or examples of conduct of the victim that are 98.33 determined by the court to be relevant. The court's order shall 98.34 detail the information or conduct that is admissible and no 98.35 other evidence of the history may be introduced. 98.36 (c) Violation of the terms of the order is grounds for 99.1 mistrial but does not prevent the retrial of the accused. 99.2 Subd. 7. [EFFECT OF STATUTE ON RULES.] Rule 412 of the 99.3 Rules of Evidence is superseded to the extent of its conflict 99.4 with this section. 99.5 [EFFECTIVE DATE.] This section is effective August 1, 2004, 99.6 and applies to crimes committed on or after that date. 99.7 Sec. 15. Minnesota Statutes 2002, section 609.3471, is 99.8 amended to read: 99.9 609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY 99.10 CONFIDENTIAL.] 99.11 Notwithstanding any provision of law to the contrary, no 99.12 data contained in records or reports relating to petitions, 99.13 complaints, or indictments issued pursuant to section 609.342; 99.14 609.343; 609.344;or609.345; or 609.3453, which specifically 99.15 identifies a victim who is a minor shall be accessible to the 99.16 public, except by order of the court. Nothing in this section 99.17 authorizes denial of access to any other data contained in the 99.18 records or reports, including the identity of the defendant. 99.19 [EFFECTIVE DATE.] This section is effective August 1, 2004, 99.20 and applies to crimes committed on or after that date. 99.21 Sec. 16. Minnesota Statutes 2002, section 609.348, is 99.22 amended to read: 99.23 609.348 [MEDICAL PURPOSES; EXCLUSION.] 99.24 Sections609.109 and609.342 to 609.3451 and 609.3453 do 99.25 not apply to sexual penetration or sexual contact when done for 99.26 a bona fide medical purpose. 99.27 [EFFECTIVE DATE.] This section is effective August 1, 2004, 99.28 and applies to crimes committed on or after that date. 99.29 Sec. 17. Minnesota Statutes 2002, section 609.353, is 99.30 amended to read: 99.31 609.353 [JURISDICTION.] 99.32 A violation or attempted violation of section 609.342, 99.33 609.343, 609.344, 609.345, 609.3451, 609.3453, or 609.352 may be 99.34 prosecuted in any jurisdiction in which the violation originates 99.35 or terminates. 99.36 [EFFECTIVE DATE.] This section is effective August 1, 2004, 100.1 and applies to crimes committed on or after that date. 100.2 Sec. 18. Minnesota Statutes 2002, section 631.045, is 100.3 amended to read: 100.4 631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.] 100.5 At the trial of a complaint or indictment for a violation 100.6 of sections609.109,609.341 to 609.3451, 609.3453, or 617.246, 100.7 subdivision 2, when a minor under 18 years of age is the person 100.8 upon, with, or against whom the crime is alleged to have been 100.9 committed, the judge may exclude the public from the courtroom 100.10 during the victim's testimony or during all or part of the 100.11 remainder of the trial upon a showing that closure is necessary 100.12 to protect a witness or ensure fairness in the trial. The judge 100.13 shall give the prosecutor, defendant and members of the public 100.14 the opportunity to object to the closure before a closure order. 100.15 The judge shall specify the reasons for closure in an order 100.16 closing all or part of the trial. Upon closure the judge shall 100.17 only admit persons who have a direct interest in the case. 100.18 [EFFECTIVE DATE.] This section is effective August 1, 2004, 100.19 and applies to crimes committed on or after that date. 100.20 Sec. 19. [REVISOR INSTRUCTION.] 100.21 The revisor of statutes shall renumber Minnesota Statutes, 100.22 section 244.051, as Minnesota Statutes, section 244.0517, and 100.23 correct cross-references. The revisor of statutes also shall 100.24 renumber Minnesota Statutes, section 609.3452, as Minnesota 100.25 Statutes, section 609.3462, and correct cross-references. In 100.26 addition, the revisor shall delete the reference in Minnesota 100.27 Statutes, section 13.871, subdivision 3, paragraph (d), to 100.28 Minnesota Statutes, section 609.3452, and insert a reference to 100.29 Minnesota Statutes, section 609.3462. The revisor shall include 100.30 a notation in Minnesota Statutes to inform readers of the 100.31 statutes of the renumbering of sections 244.051 and 609.3462. 100.32 [EFFECTIVE DATE.] This section is effective August 1, 2004. 100.33 ARTICLE 6 100.34 METHAMPHETAMINE PROVISIONS 100.35 Section 1. [152.015] [GBL AND BDO.] 100.36 Gamma-butyrolactone (GBL) and 1,4-Butanediol (BDO) are not 101.1 controlled substances and are exempted from regulation under 101.2 this chapter when: 101.3 (1) intended for industrial use and not for human 101.4 consumption; or 101.5 (2) occurring in a natural concentration and not the result 101.6 of deliberate addition. 101.7 [EFFECTIVE DATE.] This section is effective August 1, 2004, 101.8 and applies to crimes committed on or after that date. 101.9 Sec. 2. Minnesota Statutes 2003 Supplement, section 101.10 152.021, subdivision 2a, is amended to read: 101.11 Subd. 2a. [METHAMPHETAMINE MANUFACTURECRIMESCRIME; 101.12 POSSESSION OF SUBSTANCES WITH INTENT TO MANUFACTURE 101.13 METHAMPHETAMINE CRIME.] (a) Notwithstanding subdivision 1, 101.14 sections 152.022, subdivision 1, 152.023, subdivision 1, and 101.15 152.024, subdivision 1, a person is guilty of controlled 101.16 substance crime in the first degree if the person manufactures 101.17 any amount of methamphetamine. 101.18 (b)Notwithstanding paragraph (a) and section 609.17,A 101.19 person is guilty ofattempted manufacture of methamphetaminea 101.20 crime if the person possesses any chemical reagents or 101.21 precursors with the intent to manufacture methamphetamine. As 101.22 used in this section, "chemical reagents or precursors"refers101.23to one or moreincludes, but is not limited to, any of the 101.24 following substances, or their salts, isomers, and salts of 101.25 isomers: 101.26 (1) ephedrine; 101.27 (2) pseudoephedrine; 101.28 (3) phenyl-2-propanone; 101.29 (4) phenylacetone; 101.30 (5) anhydrous ammonia, as defined in section 18C.005,101.31subdivision 1a; 101.32 (6) organic solvents; 101.33 (7) hydrochloric acid; 101.34 (8) lithium metal; 101.35 (9) sodium metal; 101.36 (10) ether; 102.1 (11) sulfuric acid; 102.2 (12) red phosphorus; 102.3 (13) iodine; 102.4 (14) sodium hydroxide; 102.5 (15) benzaldehyde; 102.6 (16) benzyl methyl ketone; 102.7 (17) benzyl cyanide; 102.8 (18) nitroethane; 102.9 (19) methylamine; 102.10 (20) phenylacetic acid; 102.11 (21) hydriodic acid; or 102.12 (22) hydriotic acid. 102.13 [EFFECTIVE DATE.] This section is effective August 1, 2004, 102.14 and applies to crimes committed on or after that date. 102.15 Sec. 3. Minnesota Statutes 2003 Supplement, section 102.16 152.021, subdivision 3, is amended to read: 102.17 Subd. 3. [PENALTY.] (a) A person convicted under 102.18 subdivisions 1 to 2a, paragraph (a), may be sentenced to 102.19 imprisonment for not more than 30 years or to payment of a fine 102.20 of not more than $1,000,000, or both; a person convicted under 102.21 subdivision 2a, paragraph (b), may be sentenced to imprisonment 102.22 for not more thanthreeten years or to payment of a fine of not 102.23 more than$5,000$20,000, or both. 102.24 (b) If the conviction is a subsequent controlled substance 102.25 conviction, a person convicted under subdivisions 1 to 2a, 102.26 paragraph (a), shall be committed to the commissioner of 102.27 corrections for not less than four years nor more than 40 years 102.28 and, in addition, may be sentenced to payment of a fine of not 102.29 more than $1,000,000; a person convicted under subdivision 2a, 102.30 paragraph (b), may be sentenced to imprisonment for not more 102.31 thanfour15 years or to payment of a fine of not more than 102.32$5,000$30,000, or both. 102.33 (c) In a prosecution under subdivision 1 involving sales by 102.34 the same person in two or more counties within a 90-day period, 102.35 the person may be prosecuted for all of the sales in any county 102.36 in which one of the sales occurred. 103.1 [EFFECTIVE DATE.] This section is effective August 1, 2004, 103.2 and applies to crimes committed on or after that date. 103.3 Sec. 4. [152.0275] [CERTAIN CONTROLLED SUBSTANCE OFFENSES; 103.4 RESTITUTION; PROHIBITIONS ON PROPERTY USE.] 103.5 Subdivision 1. [RESTITUTION.] (a) As used in this 103.6 subdivision: 103.7 (1) "clandestine lab site" means any structure or 103.8 conveyance or outdoor location occupied or affected by 103.9 conditions or chemicals, typically associated with a clandestine 103.10 drug lab operation; 103.11 (2) "emergency response" includes, but is not limited to, 103.12 removing and collecting evidence, securing the site, removal, 103.13 remediation, and hazardous chemical assessment or inspection of 103.14 the site where the relevant offense or offenses took place, 103.15 regardless of whether these actions are performed by the public 103.16 entities themselves or by private contractors paid by the public 103.17 entities, or the property owner; 103.18 (3) "remediation" means proper cleanup, treatment, or 103.19 containment of hazardous substances or methamphetamine at or in 103.20 a clandestine lab site, and may include demolition or disposal 103.21 of structures or other property when an assessment so indicates; 103.22 and 103.23 (4) "removal" means the removal from the clandestine lab 103.24 site of precursor or waste chemicals, chemical containers, or 103.25 equipment associated with the manufacture, packaging, or storage 103.26 of illegal drugs. 103.27 (b) A court shall require a person convicted of 103.28 manufacturing or attempting to manufacture a controlled 103.29 substance or of an illegal activity involving a precursor 103.30 substance, where the response to the crime involved an emergency 103.31 response, to pay restitution to all public entities and property 103.32 owners that participated in the response. The restitution 103.33 ordered must cover the reasonable costs of their participation 103.34 in the response. 103.35 (c) Notwithstanding paragraph (b), if the court finds that 103.36 the convicted person is indigent or that payment of the 104.1 restitution would create undue hardship for the convicted 104.2 person's immediate family, the court may reduce the amount of 104.3 restitution to an appropriate level. 104.4 Subd. 2. [PROPERTY-RELATED PROHIBITIONS.] (a) As used in 104.5 this subdivision: 104.6 (1) "clandestine lab site" has the meaning given in 104.7 subdivision 1, paragraph (a); 104.8 (2) "property" includes buildings and other structures, and 104.9 motor vehicles as defined in section 609.487, subdivision 2a. 104.10 Property also includes real property whether publicly or 104.11 privately owned and public waters and rights-of-way; 104.12 (3) "remediation" has the meaning given in subdivision 1, 104.13 paragraph (a); and 104.14 (4) "removal" has the meaning given in subdivision 1, 104.15 paragraph (a). 104.16 (b) A peace officer who arrests a person at a clandestine 104.17 lab site shall notify the appropriate county or local health 104.18 department, state duty officer, and child protection services of 104.19 the arrest and the location of the site. 104.20 (c) A local unit of government or local health department 104.21 or sheriff shall order that all property that has been found to 104.22 be a clandestine lab site and contaminated by substances, 104.23 chemicals, or items of any kind used in the manufacture of 104.24 methamphetamine or any part of the manufacturing process, or the 104.25 by-products or degradates of manufacturing methamphetamine be 104.26 prohibited from being occupied, rented, sold, or used until it 104.27 has been assessed and remediated as provided in the Department 104.28 of Health's clandestine drug labs general cleanup guidelines. 104.29 (d) Unless clearly inapplicable, the procedures specified 104.30 in chapter 145A and any related rules adopted under that chapter 104.31 addressing the enforcement of public health laws, the removal 104.32 and abatement of public health nuisances, and the remedies 104.33 available to property owners or occupants apply to this 104.34 subdivision. 104.35 (e) Upon the proper removal and remediation of any property 104.36 used as a clandestine lab site, the contractor shall verify that 105.1 the work was completed according to the Department of Health's 105.2 clandestine drug labs general cleanup guidelines and best 105.3 practices and that levels of contamination have been reduced to 105.4 levels set forth in the guidelines. Following this, the 105.5 applicable authority shall vacate its order issued under 105.6 paragraph (c). 105.7 (f) If the applicable authority determines under paragraph 105.8 (c) that a motor vehicle has been contaminated by substances, 105.9 chemicals, or items of any kind used in the manufacture of 105.10 methamphetamine or any part of the manufacturing process, or the 105.11 by-products or degradates of manufacturing methamphetamine and 105.12 if the authority is able to obtain the certificate of title for 105.13 the motor vehicle, the authority shall notify the registrar of 105.14 motor vehicles of this fact and in addition forward the 105.15 certificate of title to the registrar. The authority shall also 105.16 notify the registrar when it vacates its order under paragraph 105.17 (e). 105.18 [EFFECTIVE DATE.] This section is effective August 1, 2004. 105.19 Sec. 5. Minnesota Statutes 2002, section 152.135, 105.20 subdivision 2, is amended to read: 105.21 Subd. 2. [EXCEPTIONS.] (a) A drug product containing 105.22 ephedrine, its salts, optical isomers, and salts of optical 105.23 isomers is exempt from subdivision 1 if the drug product: 105.24 (1) may be lawfully sold over the counter without a 105.25 prescription under the federal Food, Drug, and Cosmetic Act, 105.26 United States Code, title 21, section 321, et seq.; 105.27 (2) is labeled and marketed in a manner consistent with the 105.28 pertinent OTC Tentative Final or Final Monograph; 105.29 (3) is manufactured and distributed for legitimate 105.30 medicinal use in a manner that reduces or eliminates the 105.31 likelihood of abuse; 105.32 (4) is not marketed, advertised, or labeled for the 105.33 indication of stimulation, mental alertness, weight loss, muscle 105.34 enhancement, appetite control, or energy;and105.35 (5) is in solid oral dosage forms, including soft gelatin 105.36 caplets, that combine 400 milligrams of guaifenesin and 25 106.1 milligrams of ephedrine per dose, according to label 106.2 instructions; or is an anorectal preparation containing not more 106.3 than five percent ephedrine; and 106.4 (6) is sold in a manner that does not conflict with section 106.5 152.136. 106.6 (b) Subdivisions 1 and 3 shall not apply to products 106.7 containing ephedra or ma huang and lawfully marketed as dietary 106.8 supplements under federal law. 106.9 [EFFECTIVE DATE.] This section is effective August 1, 2004, 106.10 and applies to crimes committed on or after that date. 106.11 Sec. 6. [152.136] [SALES OF METHAMPHETAMINE PRECURSOR 106.12 DRUGS; REPORTING.] 106.13 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 106.14 the following terms have the meanings given. 106.15 (b) "Methamphetamine precursor drug" means: 106.16 (1) a drug or product containing as its sole active 106.17 ingredient ephedrine or pseudoephedrine; or 106.18 (2) a combination drug or product containing as one of its 106.19 active ingredients ephedrine or pseudoephedrine. 106.20 (c) "Over-the-counter sale" means a retail sale of a drug 106.21 or product but does not include the sale of a drug or product 106.22 pursuant to the terms of a valid prescription. 106.23 (d) "Suspicious transaction" means the sale, distribution, 106.24 delivery, or other transfer of a substance under circumstances 106.25 that would lead a reasonable person to believe that the 106.26 substance is likely to be used to illegally manufacture a 106.27 controlled substance based on factors such as the amount of the 106.28 substance involved in the transaction, the method of payment, 106.29 the method of delivery, and any past dealings with any 106.30 participant in the transaction. 106.31 Subd. 2. [PROHIBITED CONDUCT.] (a) No person may sell in a 106.32 single over-the-counter sale more than three packages or any 106.33 combination of packages exceeding a total weight of nine grams 106.34 of a methamphetamine precursor drug or a combination of 106.35 methamphetamine precursor drugs. 106.36 (b) Over-the-counter sales of methamphetamine precursor 107.1 drugs are limited to: 107.2 (1) packages containing not more than a total of three 107.3 grams of one or more methamphetamine precursor drugs, calculated 107.4 in terms of ephedrine base and pseudoephedrine base; or 107.5 (2) for nonliquid products, sales in blister packs, where 107.6 each blister contains not more than two dosage units, or, if the 107.7 use of blister packs is not technically feasible, sales in unit 107.8 dose packets or pouches. 107.9 Subd. 3. [SUSPICIOUS TRANSACTIONS; REPORTING; 107.10 IMMUNITY.] Any person employed by a business establishment that 107.11 offers for sale methamphetamine precursor drugs who sells such a 107.12 drug to any person in a suspicious transaction shall report the 107.13 transaction to the owner, supervisor, or manager of the 107.14 establishment. The owner, supervisor, or manager may report the 107.15 transaction to local law enforcement. A person who reports 107.16 information under this subdivision in good faith is immune from 107.17 civil liability relating to the report. 107.18 Subd. 4. [EXEMPTION.] This section does not apply to 107.19 pediatric products labeled pursuant to federal regulation 107.20 primarily intended for administration to children under 12 years 107.21 of age according to label instructions. 107.22 Subd. 5. [PREEMPTION; INVALIDATION.] This section preempts 107.23 all local ordinances or regulations governing the sale by a 107.24 business establishment of over-the-counter products containing 107.25 ephedrine or pseudoephedrine. All ordinances enacted prior to 107.26 the effective date of this act are void. 107.27 [EFFECTIVE DATE.] This section is effective January 1, 2005. 107.28 Sec. 7. [152.137] [ANHYDROUS AMMONIA; PROHIBITED CONDUCT; 107.29 CRIMINAL PENALTIES; CIVIL LIABILITY.] 107.30 Subdivision 1. [DEFINITIONS.] As used in this section, 107.31 "tamper" means action taken by a person not authorized to take 107.32 that action by law or by the owner or authorized custodian of an 107.33 anhydrous ammonia container or of equipment where anhydrous 107.34 ammonia is used, stored, distributed, or transported. 107.35 Subd. 2. [PROHIBITED CONDUCT.] (a) A person may not: 107.36 (1) steal or unlawfully take or carry away any amount of 108.1 anhydrous ammonia; 108.2 (2) purchase, possess, transfer, or distribute any amount 108.3 of anhydrous ammonia, knowing, or having reason to know, that it 108.4 will be used to unlawfully manufacture a controlled substance; 108.5 (3) place, have placed, or possess anhydrous ammonia in a 108.6 container that is not designed, constructed, maintained, and 108.7 authorized to contain or transport anhydrous ammonia; 108.8 (4) transport anhydrous ammonia in a container that is not 108.9 designed, constructed, maintained, and authorized to transport 108.10 anhydrous ammonia; 108.11 (5) use, deliver, receive, sell, or transport a container 108.12 designed and constructed to contain anhydrous ammonia without 108.13 the express consent of the owner or authorized custodian of the 108.14 container; or 108.15 (6) tamper with any equipment or facility used to contain, 108.16 store, or transport anhydrous ammonia. 108.17 (b) For the purposes of this subdivision, containers 108.18 designed and constructed for the storage and transport of 108.19 anhydrous ammonia are described in rules adopted under section 108.20 18C.121, subdivision 1, or in Code of Federal Regulations, title 108.21 49. 108.22 Subd. 3. [NO CAUSE OF ACTION.] (a) Except as provided in 108.23 paragraph (b), a person tampering with anhydrous ammonia 108.24 containers or equipment under subdivision 2 shall have no cause 108.25 of action for damages arising out of the tampering against: 108.26 (1) the owner or lawful custodian of the container or 108.27 equipment; 108.28 (2) a person responsible for the installation or 108.29 maintenance of the container or equipment; or 108.30 (3) a person lawfully selling or offering for sale the 108.31 anhydrous ammonia. 108.32 (b) Paragraph (a) does not apply to a cause of action 108.33 against a person who unlawfully obtained the anhydrous ammonia 108.34 or anhydrous ammonia container or who possesses the anhydrous 108.35 ammonia or anhydrous ammonia container for any unlawful purpose. 108.36 Subd. 4. [CRIMINAL PENALTY.] A person who knowingly 109.1 violates subdivision 2 is guilty of a felony and may be 109.2 sentenced to imprisonment for not more than five years or to 109.3 payment of a fine of not more than $50,000, or both. 109.4 [EFFECTIVE DATE.] This section is effective August 1, 2004, 109.5 and applies to crimes committed on or after that date. 109.6 Sec. 8. [152.138] [METHAMPHETAMINE-RELATED CRIMES 109.7 INVOLVING CHILDREN AND VULNERABLE ADULTS.] 109.8 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 109.9 the following terms have the meanings given. 109.10 (b) "Chemical substance" means a substance intended to be 109.11 used as a precursor in the manufacture of methamphetamine or any 109.12 other chemical intended to be used in the manufacture of 109.13 methamphetamine. 109.14 (c) "Child" means any person under the age of 18 years. 109.15 (d) "Methamphetamine paraphernalia" means all equipment, 109.16 products, and materials of any kind that are used, intended for 109.17 use, or designed for use in manufacturing, injecting, ingesting, 109.18 inhaling, or otherwise introducing methamphetamine into the 109.19 human body. 109.20 (e) "Methamphetamine waste products" means substances, 109.21 chemicals, or items of any kind used in the manufacture of 109.22 methamphetamine or any part of the manufacturing process, or the 109.23 by-products or degradates of manufacturing methamphetamine. 109.24 (f) "Vulnerable adult" has the meaning given in section 109.25 626.5572, subdivision 21. 109.26 Subd. 2. [PROHIBITED CONDUCT.] (a) No person may knowingly 109.27 engage in any of the following activities in the presence of a 109.28 child or vulnerable adult; in the residence of a child or a 109.29 vulnerable adult; in a building, structure, conveyance, or 109.30 outdoor location where a child or vulnerable adult might 109.31 reasonably be expected to be present; in a room offered to the 109.32 public for overnight accommodation; or in any multiple unit 109.33 residential building: 109.34 (1) manufacturing or attempting to manufacture 109.35 methamphetamine; 109.36 (2) storing any chemical substance; 110.1 (3) storing any methamphetamine waste products; or 110.2 (4) storing any methamphetamine paraphernalia. 110.3 (b) No person may knowingly cause or permit a child or 110.4 vulnerable adult to inhale, be exposed to, have contact with, or 110.5 ingest methamphetamine, a chemical substance, or methamphetamine 110.6 paraphernalia. 110.7 Subd. 3. [CRIMINAL PENALTY.] A person who violates 110.8 subdivision 2 is guilty of a felony and may be sentenced to 110.9 imprisonment for not more than five years or to payment of a 110.10 fine of not more than $10,000, or both. 110.11 Subd. 4. [MULTIPLE SENTENCES.] Notwithstanding sections 110.12 609.035 and 609.04, a prosecution for or conviction under this 110.13 section is not a bar to conviction of or punishment for any 110.14 other crime committed by the defendant as part of the same 110.15 conduct. 110.16 Subd. 5. [CONSECUTIVE SENTENCES.] Notwithstanding any 110.17 provision of the Sentencing Guidelines, the court may provide 110.18 that a sentence imposed for a violation of this section shall 110.19 run consecutively to any sentence imposed for the intended 110.20 criminal act. A decision of the court to impose consecutive 110.21 sentences under this subdivision is not a departure from the 110.22 Sentencing Guidelines. 110.23 Subd. 6. [PROTECTIVE CUSTODY.] A peace officer may take 110.24 any child present in an area where any of the activities 110.25 described in subdivision 2, paragraph (a), clauses (1) to (4), 110.26 are taking place into protective custody in accordance with 110.27 section 260C.175, subdivision 1, paragraph (b), clause (2). A 110.28 child taken into protective custody under this subdivision shall 110.29 be provided health screening to assess potential health concerns 110.30 related to methamphetamine as provided in section 260C.188. A 110.31 child not taken into protective custody under this subdivision 110.32 but who is known to have been exposed to methamphetamine shall 110.33 be offered health screening for potential health concerns 110.34 related to methamphetamine as provided in section 260C.188. 110.35 Subd. 7. [REPORTING MALTREATMENT OF VULNERABLE ADULT.] If 110.36 a vulnerable adult is present in an area where any of the 111.1 activities described in subdivision 2, paragraph (a), clauses 111.2 (1) to (4), are taking place, a peace officer or mandated 111.3 reporter who has reason to believe the vulnerable adult inhaled, 111.4 was exposed to, had contact with, or ingested methamphetamine, a 111.5 chemical substance, or methamphetamine paraphernalia shall make 111.6 a report under section 626.557, subdivision 9b. 111.7 [EFFECTIVE DATE.] This section is effective August 1, 2004, 111.8 and applies to crimes committed on or after that date. 111.9 Sec. 9. [152.185] [METHAMPHETAMINE AWARENESS AND 111.10 EDUCATIONAL ACCOUNT.] 111.11 Subdivision 1. [ACCOUNT ESTABLISHED.] The methamphetamine 111.12 awareness and educational account is a special revenue account 111.13 in the state treasury. Money in the account shall be used to 111.14 support projects relating to educating retailers and the public 111.15 on the dangers of methamphetamines and methamphetamine precursor 111.16 drugs and the laws and regulations governing their use. 111.17 Subd. 2. [CONTRIBUTIONS.] The state may accept 111.18 contributions, gifts, grants, and bequests for deposit into the 111.19 fund. 111.20 [EFFECTIVE DATE.] This section is effective August 1, 2004. 111.21 Sec. 10. Minnesota Statutes 2002, section 168A.05, 111.22 subdivision 3, is amended to read: 111.23 Subd. 3. [CONTENT OF CERTIFICATE.] Each certificate of 111.24 title issued by the department shall contain: 111.25 (1) the date issued; 111.26 (2) the first, middle, and last names, the dates of birth, 111.27 and addresses of all owners who are natural persons, the full 111.28 names and addresses of all other owners; 111.29 (3) the names and addresses of any secured parties in the 111.30 order of priority as shown on the application, or if the 111.31 application is based on a certificate of title, as shown on the 111.32 certificate, or as otherwise determined by the department; 111.33 (4) any liens filed pursuant to a court order or by a 111.34 public agency responsible for child support enforcement against 111.35 the owner; 111.36 (5) the title number assigned to the vehicle; 112.1 (6) a description of the vehicle including, so far as the 112.2 following data exists, its make, model, year, identifying 112.3 number, type of body, whether new or used, and if a new vehicle, 112.4 the date of the first sale of the vehicle for use; 112.5 (7) with respect to motor vehicles subject to the 112.6 provisions of section 325E.15, the true cumulative mileage 112.7 registered on the odometer or that the actual mileage is unknown 112.8 if the odometer reading is known by the owner to be different 112.9 from the true mileage; 112.10 (8) with respect to vehicles subject to sections 325F.6641 112.11 and 325F.6642, the appropriate term "flood damaged," "rebuilt," 112.12 "prior salvage," or "reconstructed";and112.13 (9) with respect to a vehicle contaminated by 112.14 methamphetamine production, if the registrar has received the 112.15 certificate of title and notice described in section 152.0275, 112.16 subdivision 2, paragraph (f), the term "hazardous waste 112.17 contaminated vehicle"; and 112.18 (10) any other data the department prescribes. 112.19 [EFFECTIVE DATE.] This section is effective August 1, 2004. 112.20 Sec. 11. [446A.083] [METHAMPHETAMINE LABORATORY CLEANUP 112.21 REVOLVING FUND.] 112.22 Subdivision 1. [DEFINITIONS.] As used in this section: 112.23 (1) "clandestine lab site" has the meaning given in section 112.24 152.0275, subdivision 1, paragraph (a); 112.25 (2) "property" has the meaning given in section 152.0275, 112.26 subdivision 2, paragraph (a), but does not include motor 112.27 vehicles; and 112.28 (3) "remediate" has the meaning given to remediation in 112.29 section 152.0275, subdivision 1, paragraph (a). 112.30 Subd. 2. [FUND ESTABLISHED.] The authority shall establish 112.31 a methamphetamine laboratory cleanup revolving fund to provide 112.32 loans to counties and cities to remediate clandestine lab 112.33 sites. The fund must be credited with repayments. 112.34 Subd. 3. [APPLICATIONS.] Applications by a county or city 112.35 for a loan from the fund must be made to the authority on the 112.36 forms prescribed by the authority. The application must 113.1 include, but is not limited to: 113.2 (1) the amount of the loan requested and the proposed use 113.3 of the loan proceeds; 113.4 (2) the source of revenues to repay the loan; and 113.5 (3) certification by the county or city that it meets the 113.6 loan eligibility requirements of subdivision 4. 113.7 Subd. 4. [LOAN ELIGIBILITY.] A county or city is eligible 113.8 for a loan under this section if the county or city: 113.9 (1) identifies a site or sites designated by a local public 113.10 health department or law enforcement as a clandestine lab site; 113.11 (2) has required the site's property owner to remediate the 113.12 site at cost, under chapter 145A or a local public health 113.13 nuisance ordinance that addresses clandestine lab remediation; 113.14 (3) certifies that the property owner cannot pay for the 113.15 remediation immediately; and 113.16 (4) certifies that the property owner has not properly 113.17 remediated the site. 113.18 Subd. 5. [USE OF LOAN PROCEEDS; REIMBURSEMENT BY PROPERTY 113.19 OWNER.] (a) A loan recipient shall use the loan to remediate the 113.20 clandestine lab site, or if this has already been done, to 113.21 reimburse the applicable county or city fund for costs paid by 113.22 the recipient to remediate the clandestine lab site. 113.23 (b) A loan recipient shall seek reimbursement from the 113.24 owner of the property containing the clandestine lab site for 113.25 the costs of the remediation. In addition to other lawful means 113.26 of seeking reimbursement, the loan recipient may recover its 113.27 costs through a property tax assessment by following the 113.28 procedures specified in section 145A.08, subdivision 2, 113.29 paragraph (c). 113.30 Subd. 6. [AWARD AND DISBURSEMENT OF FUNDS.] The authority 113.31 shall award loans to recipients on a first-come, first-served 113.32 basis, provided that the recipient is able to comply with the 113.33 terms and conditions of the authority loan, which must be in 113.34 conformance with this section. The authority shall make a 113.35 single disbursement of the loan upon receipt of a payment 113.36 request that includes a list of remediation expenses and 114.1 evidence that a second-party sampling was undertaken to ensure 114.2 that the remediation work was successful or a guarantee that 114.3 such a sampling will be undertaken. 114.4 Subd. 7. [LOAN CONDITIONS AND TERMS.] (a) When making 114.5 loans from the revolving fund, the authority shall comply with 114.6 the criteria in paragraphs (b) to (e). 114.7 (b) Loans must be made at a two percent per annum interest 114.8 rate for terms not to exceed ten years unless the recipient 114.9 requests a 20-year term due to financial hardship. 114.10 (c) The annual principal and interest payments must begin 114.11 no later than one year after completion of the cleanup. Loans 114.12 must be amortized no later than 20 years after completion of the 114.13 cleanup. 114.14 (d) A loan recipient must identify and establish a source 114.15 of revenue for repayment of the loan and must undertake whatever 114.16 steps are necessary to collect payments within one year of 114.17 receipt of funds from the authority. 114.18 (e) The fund must be credited with all payments of 114.19 principal and interest on all loans, except the costs as 114.20 permitted under section 446A.04, subdivision 5, paragraph (a). 114.21 (f) Loans must be made only to recipients with clandestine 114.22 lab ordinances that address remediation. 114.23 Subd. 8. [AUTHORITY TO INCUR DEBT.] Counties and cities 114.24 may incur debt under this section by resolution of the board or 114.25 council authorizing issuance of a revenue bond to the authority. 114.26 [EFFECTIVE DATE.] This section is effective August 1, 2004. 114.27 Sec. 12. Minnesota Statutes 2002, section 609.1095, 114.28 subdivision 1, is amended to read: 114.29 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 114.30 the following terms have the meanings given. 114.31 (b) "Conviction" means any of the following accepted and 114.32 recorded by the court: a plea of guilty, a verdict of guilty by 114.33 a jury, or a finding of guilty by the court. The term includes 114.34 a conviction by any court in Minnesota or another jurisdiction. 114.35 (c) "Prior conviction" means a conviction that occurred 114.36 before the offender committed the next felony resulting in a 115.1 conviction and before the offense for which the offender is 115.2 being sentenced under this section. 115.3 (d) "Violent crime" means a violation of or an attempt or 115.4 conspiracy to violate any of the following laws of this state or 115.5 any similar laws of the United States or any other state: 115.6sectionsections 152.138; 609.165; 609.185; 609.19; 609.195; 115.7 609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228; 115.8 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 115.9 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 115.10 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 115.11 609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 115.12 1e; 609.687; 609.855, subdivision 5; any provision of sections 115.13 609.229; 609.377; 609.378; 609.749; and 624.713 that is 115.14 punishable by a felony penalty; or any provision of chapter 152 115.15 that is punishable by a maximum sentence of 15 years or more. 115.16 [EFFECTIVE DATE.] This section is effective August 1, 2004, 115.17 and applies to crimes committed on or after that date. 115.18 Sec. 13. [METHAMPHETAMINE RETAIL AND CONSUMER EDUCATION 115.19 PROGRAM.] 115.20 The commissioner of public safety shall develop and 115.21 implement a program designed to inform retailers and consumers 115.22 and heighten public and business awareness of the dangers of 115.23 illicit methamphetamine production, distribution, use, and the 115.24 ready availability of methamphetamine in Minnesota. 115.25 Specifically, the commissioner, in consultation with 115.26 representatives from retail associations, shall develop (1) 115.27 training posters for retail employees to identify the products 115.28 that are commonly purchased or stolen for use in manufacturing 115.29 methamphetamine, (2) an on-line retail employee training Web 115.30 site, (3) signage, including shelf tags, stickers, and decals to 115.31 deter criminals and to educate consumers about the program and 115.32 ingredients used in manufacturing methamphetamine, (4) 115.33 guidelines for the strategic placement of precursor products in 115.34 areas that will deter theft or suspicious purchases of large 115.35 quantities, (5) brochures educating retailers and consumers 115.36 about the program, and (6) forms for retailers to report 116.1 suspicious transactions. The commissioner must also provide to 116.2 businesses information on applicable state and federal laws and 116.3 regulations relating to methamphetamine and methamphetamine 116.4 precursor drugs. 116.5 [EFFECTIVE DATE.] This section is effective July 1, 2004. 116.6 Sec. 14. [REPEALER.] 116.7 Minnesota Statutes 2002, sections 18C.005, subdivisions 1a 116.8 and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision 116.9 5, are repealed. 116.10 [EFFECTIVE DATE.] This section is effective August 1, 2004. 116.11 ARTICLE 7 116.12 GENERAL CRIMINAL PROVISIONS 116.13 Section 1. Minnesota Statutes 2002, section 169.14, 116.14 subdivision 3, is amended to read: 116.15 Subd. 3. [REDUCED SPEED REQUIRED.] (a) The driver of any 116.16 vehicle shall, consistent with the requirements, drive at an 116.17 appropriate reduced speed when approaching or passing an 116.18 authorized emergency vehicle stopped with emergency lights 116.19 flashing on any street or highway, when approaching and crossing 116.20 an intersection or railway grade crossing, when approaching and 116.21 going around a curve, when approaching a hill crest, when 116.22 traveling upon any narrow or winding roadway, and when special 116.23 hazards exist with respect to pedestrians or other traffic or by 116.24 reason of weather or highway conditions. 116.25 (b) For purposes of this subdivision, "appropriate reduced 116.26 speed" when approaching or passing an emergency vehicle stopped 116.27 on a highway with emergency lights flashing is a speed that 116.28 allows the driver to control the vehicle to the extent 116.29 necessary, up to and including stopping the vehicle, to prevent 116.30 a collision, to prevent injury to persons or property, and to 116.31 avoid interference with the performance of emergency duties by 116.32 emergency personnel. 116.33 (c) A person who fails to reduce speed appropriately when 116.34 approaching or passing an authorized emergency vehicle stopped 116.35 with emergency lights flashing on a street or highway shall be 116.36 assessed an additional surcharge equal to the amount of the fine 117.1 imposed for the speed violation, but not less than $25. 117.2 [EFFECTIVE DATE.] This section is effective August 1, 2004, 117.3 and applies to crimes committed on or after that date. 117.4 Sec. 2. Minnesota Statutes 2002, section 169.14, is 117.5 amended by adding a subdivision to read: 117.6 Subd. 3a. [DRIVER EDUCATION AND TRAINING PROGRAMS.] The 117.7 commissioner of public safety shall take all necessary steps to 117.8 ensure that persons enrolled in driver education programs 117.9 offered at public schools, and persons enrolled in driver 117.10 training programs offered at private and parochial schools and 117.11 commercial driver training schools, are instructed as to the 117.12 responsibilities of drivers when approaching emergency scenes 117.13 and stopped emergency vehicles on highways. 117.14 [EFFECTIVE DATE.] This section is effective July 1, 2004. 117.15 Sec. 3. Minnesota Statutes 2002, section 169.14, is 117.16 amended by adding a subdivision to read: 117.17 Subd. 3b. [CAUSE FOR ARREST; VIOLATION; PENALTY.] (a) A 117.18 peace officer may arrest the driver of a motor vehicle if the 117.19 peace officer has probable cause to believe that the driver has 117.20 operated the vehicle in violation of subdivision 3 at the scene 117.21 of an emergency within the past four hours. 117.22 (b) If a motor vehicle is operated in violation of 117.23 subdivision 3 at the scene of an emergency, the owner of the 117.24 vehicle or, for a leased motor vehicle, the lessee of the 117.25 vehicle, is guilty of a petty misdemeanor. The owner or lessee 117.26 may not be fined under this paragraph if (1) another person is 117.27 convicted for that violation, or (2) the motor vehicle was 117.28 stolen at the time of the violation. This paragraph does not 117.29 apply to a lessor of a motor vehicle if the lessor keeps a 117.30 record of the name and address of the lessee. This paragraph 117.31 does not prohibit or limit the prosecution of a motor vehicle 117.32 operator for violating subdivision 3. 117.33 [EFFECTIVE DATE.] This section is effective August 1, 2004, 117.34 and applies to crimes committed on or after that date. 117.35 Sec. 4. Minnesota Statutes 2002, section 171.13, is 117.36 amended by adding a subdivision to read: 118.1 Subd. 1i. [DRIVER'S MANUAL; SAFETY AT EMERGENCY 118.2 SCENE.] The commissioner shall include in each edition of the 118.3 driver's manual published by the Department of Public Safety 118.4 after July 1, 2004, a section relating to the responsibilities 118.5 of motorists when approaching an emergency or a stopped 118.6 emergency vehicle on a highway. 118.7 [EFFECTIVE DATE.] This section is effective July 1, 2004. 118.8 Sec. 5. Minnesota Statutes 2002, section 243.55, 118.9 subdivision 1, is amended to read: 118.10 Subdivision 1. Any person who brings, sends, or in any 118.11 manner causes to be introduced into any state correctional 118.12 facility or state hospital, or within or upon the grounds 118.13 belonging to or land or controlled by any such facility or 118.14 hospital, or is found in possession of any controlled substance 118.15 as defined in section 152.01, subdivision 4, or any firearms, 118.16 weapons or explosives of any kind, without the consent of the 118.17 chief executive officer thereof, shall be guilty of a felony 118.18 and, upon conviction thereof, punished by imprisonment for a 118.19 term of not more than ten years. Any person who brings, sends, 118.20 or in any manner causes to be introduced into any state 118.21 correctional facility or within or upon the grounds belonging to 118.22 or land controlled by the facility, or is found in the 118.23 possession of any intoxicating or alcoholic liquor or malt 118.24 beverage of any kind without the consent of the chief executive 118.25 officer thereof, shall be guilty of a gross misdemeanor. The 118.26 provisions of this section shall not apply to physicians 118.27 carrying drugs or introducing any of the above described liquors 118.28 into such facilities for use in the practice of their 118.29 profession; nor to sheriffs or other peace officers carrying 118.30 revolvers or firearms as such officers in the discharge of 118.31 duties. 118.32 [EFFECTIVE DATE.] This section is effective August 1, 2004, 118.33 and applies to crimes committed on or after that date. 118.34 Sec. 6. [590.10] [PRESERVATION OF EVIDENCE.] 118.35 Subdivision 1. [PRESERVATION.] Notwithstanding any other 118.36 provision of law, all appropriate governmental entities shall 119.1 retain any item of physical evidence which contains biological 119.2 material that is used to secure a conviction in a criminal case 119.3 for the period of time that any person remains incarcerated, on 119.4 probation or parole, civilly committed, or subject to 119.5 registration as a sex offender in connection with the case. The 119.6 governmental entity need retain only the portion of such 119.7 evidence as was used to obtain an accurate biological sample and 119.8 used to obtain a conviction. This requirement shall apply with 119.9 or without the filing of a petition for postconviction DNA 119.10 analysis, as well as during the pendency of proceedings under 119.11 sections 590.01. If evidence is intentionally destroyed after 119.12 the filing of a petition under sections 590.01, the court may 119.13 impose appropriate sanctions on the responsible party or parties. 119.14 Subd. 2. [DEFINITION.] For purposes of this section, 119.15 "biological evidence" means: 119.16 (1) the contents of a sexual assault examination kit; or 119.17 (2) any item that contains blood, semen, hair, saliva, skin 119.18 tissue, or other identifiable biological material, whether that 119.19 material is catalogued separately, on a slide, swab, or in a 119.20 test tube, or is present on other evidence, including, but not 119.21 limited to, clothing, ligatures, bedding or other household 119.22 material, drinking cups, cigarettes, and similar items. 119.23 [EFFECTIVE DATE.] This section is effective the day 119.24 following final enactment. 119.25 Sec. 7. Minnesota Statutes 2002, section 604.15, is 119.26 amended by adding a subdivision to read: 119.27 Subd. 5. [NOT A BAR TO CRIMINAL LIABILITY.] Civil 119.28 liability under this section does not preclude criminal 119.29 liability under applicable law. 119.30 [EFFECTIVE DATE.] This section is effective July 1, 2004, 119.31 and applies to acts committed on or after that date. 119.32 Sec. 8. Minnesota Statutes 2002, section 609.185, is 119.33 amended to read: 119.34 609.185 [MURDER IN THE FIRST DEGREE.] 119.35 (a) Whoever does any of the following is guilty of murder 119.36 in the first degree and shall be sentenced to imprisonment for 120.1 life: 120.2 (1) causes the death of a human being with premeditation 120.3 and with intent to effect the death of the person or of another; 120.4 (2) causes the death of a human being while committing or 120.5 attempting to commit criminal sexual conduct in the first or 120.6 second degree with force or violence, either upon or affecting 120.7 the person or another; 120.8 (3) causes the death of a human being with intent to effect 120.9 the death of the person or another, while committing or 120.10 attempting to commit burglary, aggravated robbery, kidnapping, 120.11 arson in the first or second degree, a drive-by shooting, 120.12 tampering with a witness in the first degree, escape from 120.13 custody, or any felony violation of chapter 152 involving the 120.14 unlawful sale of a controlled substance; 120.15 (4) causes the death of a peace officer or a guard employed 120.16 at a Minnesota state or local correctional facility, with intent 120.17 to effect the death of that person or another, while the peace 120.18 officer or guard is engaged in the performance of official 120.19 duties; 120.20 (5) causes the death of a minor while committing child 120.21 abuse, when the perpetrator has engaged in a past pattern of 120.22 child abuse uponthea child and the death occurs under 120.23 circumstances manifesting an extreme indifference to human life; 120.24 (6) causes the death of a human being while committing 120.25 domestic abuse, when the perpetrator has engaged in a past 120.26 pattern of domestic abuse upon the victim or upon another family 120.27 or household member and the death occurs under circumstances 120.28 manifesting an extreme indifference to human life; or 120.29 (7) causes the death of a human being while committing, 120.30 conspiring to commit, or attempting to commit a felony crime to 120.31 further terrorism and the death occurs under circumstances 120.32 manifesting an extreme indifference to human life. 120.33 (b) For purposes of paragraph (a), clause (5), "child abuse" 120.34 means an act committed against a minor victim that constitutes a 120.35 violation of the following laws of this state or any similar 120.36 laws of the United States or any other state: section 609.221; 121.1 609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 121.2 609.345; 609.377; 609.378; or 609.713. 121.3 (c) For purposes of paragraph (a), clause (6), "domestic 121.4 abuse" means an act that: 121.5 (1) constitutes a violation of section 609.221, 609.222, 121.6 609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 121.7 609.713, or any similar laws of the United States or any other 121.8 state; and 121.9 (2) is committed against the victim who is a family or 121.10 household member as defined in section 518B.01, subdivision 2, 121.11 paragraph (b). 121.12 (d) For purposes of paragraph (a), clause (7), "further 121.13 terrorism" has the meaning given in section 609.714, subdivision 121.14 1. 121.15 [EFFECTIVE DATE.] This section is effective the day 121.16 following final enactment and applies to crimes committed on or 121.17 after that date. 121.18 Sec. 9. Minnesota Statutes 2002, section 609.2231, 121.19 subdivision 1, is amended to read: 121.20 Subdivision 1. [PEACE OFFICERS.] Whoever physically 121.21 assaults a peace officer licensed under section 626.845, 121.22 subdivision 1, when that officer is effecting a lawful arrest or 121.23 executing any other duty imposed by law is guilty of a gross 121.24 misdemeanor and may be sentenced to imprisonment for not more 121.25 than one year or to payment of a fine of not more than $3,000, 121.26 or both. If the assault inflicts demonstrable bodily harm or 121.27 the person intentionally throws or otherwise transfers bodily 121.28 fluids or feces at or onto the officer, the person is guilty of 121.29 a felony and may be sentenced to imprisonment for not more than 121.30 three years or to payment of a fine of not more than $6,000, or 121.31 both. 121.32 [EFFECTIVE DATE.] This section is effective August 1, 2004, 121.33 and applies to crimes committed on or after that date. 121.34 Sec. 10. Minnesota Statutes 2003 Supplement, section 121.35 609.2231, subdivision 3, is amended to read: 121.36 Subd. 3. [CORRECTIONAL EMPLOYEES; PROBATION OFFICERS; SEX 122.1 OFFENDER TREATMENT PROVIDERS.] Whoever commits either of the 122.2 following acts against an employee of a correctional facility as 122.3 defined in section 241.021, subdivision 1, paragraph (f), a 122.4 probation officer or other qualified person employed in 122.5 supervising offenders, or a person who provides care or 122.6 treatment at a facility defined in section 252.025, subdivision 122.7 7, or 253B.02, subdivision 18a, while theemployeeperson is 122.8 engaged in the performance of a duty imposed by law, policy, or 122.9 rule is guilty of a felony and may be sentenced to imprisonment 122.10 for not more than two years or to payment of a fine of not more 122.11 than $4,000, or both: 122.12 (1) assaults theemployeeperson and inflicts demonstrable 122.13 bodily harm; or 122.14 (2) intentionally throws or otherwise transfers bodily 122.15 fluids or feces at or onto theemployeeperson. 122.16 [EFFECTIVE DATE.] This section is effective August 1, 2004, 122.17 and applies to crimes committed on or after that date. 122.18 Sec. 11. Minnesota Statutes 2002, section 609.321, 122.19 subdivision 7, is amended to read: 122.20 Subd. 7. [PROMOTES THE PROSTITUTION OF AN INDIVIDUAL.] 122.21 "Promotes the prostitution of an individual" means any of the 122.22 following wherein the person knowingly: 122.23 (1) solicits or procures patrons for a prostitute; or 122.24 (2) provides, leases or otherwise permits premises or 122.25 facilities owned or controlled by the person to aid the 122.26 prostitution of an individual; or 122.27 (3) owns, manages, supervises, controls, keeps or operates, 122.28 either alone or with others, a place of prostitution to aid the 122.29 prostitution of an individual; or 122.30 (4) owns, manages, supervises, controls, operates, 122.31 institutes, aids or facilitates, either alone or with others, a 122.32 business of prostitution to aid the prostitution of an 122.33 individual; or 122.34 (5) admits a patron to a place of prostitution to aid the 122.35 prostitution of an individual;or122.36 (6) transports an individual from one point within this 123.1 state to another point either within or without this state, or 123.2 brings an individual into this state to aid the prostitution of 123.3 the individual; or 123.4 (7) engages in the sex trafficking of an individual. 123.5 [EFFECTIVE DATE.] This section is effective August 1, 2004, 123.6 and applies to crimes committed on or after that date. 123.7 Sec. 12. Minnesota Statutes 2002, section 609.321, is 123.8 amended by adding a subdivision to read: 123.9 Subd. 7a. [SEX TRAFFICKING.] "Sex trafficking" means 123.10 receiving, recruiting, enticing, harboring, providing, or 123.11 obtaining by any means an individual to aid in the prostitution 123.12 of the individual. 123.13 [EFFECTIVE DATE.] This section is effective August 1, 2004, 123.14 and applies to crimes committed on or after that date. 123.15 Sec. 13. Minnesota Statutes 2002, section 609.487, is 123.16 amended by adding a subdivision to read: 123.17 Subd. 6. [FLEEING, OTHER THAN VEHICLE.] Whoever, for the 123.18 purpose of avoiding arrest, detention, or investigation, or in 123.19 order to conceal or destroy potential evidence related to the 123.20 commission of a crime, attempts to evade or elude a peace 123.21 officer, who is acting in the lawful discharge of an official 123.22 duty, by means of running, hiding, or by any other means except 123.23 fleeing in a motor vehicle, is guilty of a misdemeanor. 123.24 [EFFECTIVE DATE.] This section is effective August 1, 2004, 123.25 and applies to crimes committed on or after that date. 123.26 Sec. 14. Minnesota Statutes 2002, section 609.50, 123.27 subdivision 1, is amended to read: 123.28 Subdivision 1. [CRIME.] Whoever intentionally does any of 123.29 the following may be sentenced as provided in subdivision 2: 123.30 (1) obstructs, hinders, or prevents the lawful execution of 123.31 any legal process, civil or criminal, or apprehension of another 123.32 on a charge or conviction of a criminal offense; 123.33 (2) obstructs, resists, or interferes with a peace officer 123.34 while the officer is engaged in the performance of official 123.35 duties; 123.36 (3) interferes with or obstructs the prevention or 124.1 extinguishing of a fire, or disobeys the lawful order of a 124.2 firefighter present at the fire;or124.3 (4) interferes with or obstructs a member of an ambulance 124.4 service personnel crew, as defined in section 144E.001, 124.5 subdivision 3a, who is providing, or attempting to provide, 124.6 emergency care; or 124.7 (5) by force or threat of force endeavors to obstruct any 124.8 employee of the Department of Revenue while the employee is 124.9 lawfully engaged in the performance of official duties for the 124.10 purpose of deterring or interfering with the performance of 124.11 those duties. 124.12 [EFFECTIVE DATE.] This section is effective August 1, 2004, 124.13 and applies to crimes committed on or after that date. 124.14 Sec. 15. Minnesota Statutes 2002, section 609.505, is 124.15 amended to read: 124.16 609.505 [FALSELY REPORTING CRIME.] 124.17 Subdivision 1. [FALSE REPORTING.] Whoever informs a law 124.18 enforcement officer that a crime has been committed or otherwise 124.19 provides false information to an on-duty peace officer regarding 124.20 the conduct of others, knowing that it is false and intending 124.21 that the officer shall act in reliance upon it, is guilty of a 124.22 misdemeanor. A person who is convicted a second or subsequent 124.23 time under this section is guilty of a gross misdemeanor. 124.24 Subd. 2. [REPORTING POLICE MISCONDUCT.] (a) Whoever 124.25 informs, or causes information to be communicated to, a public 124.26 officer, as defined in section 609.415, subdivision 1, or an 124.27 employee thereof, whose responsibilities include investigating 124.28 or reporting police misconduct, that a peace officer, as defined 124.29 in section 626.84, subdivision 1, paragraph (c), has committed 124.30 an act of police misconduct, knowing that the information is 124.31 false, is guilty of a crime and may be sentenced as follows: 124.32 (1) up to the maximum provided for a misdemeanor if the 124.33 false information does not allege a criminal act; or 124.34 (2) up to the maximum provided for a gross misdemeanor if 124.35 the false information alleges a criminal act. 124.36 (b) The court shall order any person convicted of a 125.1 violation of this subdivision to make full restitution of all 125.2 reasonable expenses incurred in the investigation of the false 125.3 allegation unless the court makes a specific written finding 125.4 that restitution would be inappropriate under the circumstances. 125.5 [EFFECTIVE DATE.] This section is effective August 1, 2004, 125.6 and applies to crimes committed on or after that date. 125.7 Sec. 16. Minnesota Statutes 2002, section 609.5315, 125.8 subdivision 1, is amended to read: 125.9 Subdivision 1. [DISPOSITION.] (a) Subject to paragraph 125.10 (b), if the court finds under section 609.5313, 609.5314, or 125.11 609.5318 that the property is subject to forfeiture, it shall 125.12 order the appropriate agency to do one of the following: 125.13 (1) unless a different disposition is provided under clause 125.14 (3) or (4), either destroy firearms, ammunition, and firearm 125.15 accessories that the agency decides not to use for law 125.16 enforcement purposes under clause (8), or sell them to federally 125.17 licensed firearms dealers, as defined in section 624.7161, 125.18 subdivision 1, and distribute the proceeds under subdivision 125.19 5 or 5b; 125.20 (2) sell property that is not required to be destroyed by 125.21 law and is not harmful to the public and distribute the proceeds 125.22 under subdivision 5 or 5b; 125.23 (3) sell antique firearms, as defined in section 624.712, 125.24 subdivision 3, to the public and distribute the proceeds under 125.25 subdivision 5 or 5b; 125.26 (4) destroy or use for law enforcement purposes 125.27 semiautomatic military-style assault weapons, as defined in 125.28 section 624.712, subdivision 7; 125.29 (5) take custody of the property and remove it for 125.30 disposition in accordance with law; 125.31 (6) forward the property to the federal drug enforcement 125.32 administration; 125.33 (7) disburse money as provided under subdivision 5 or 5b; 125.34 or 125.35 (8) keep property other than money for official use by the 125.36 agency and the prosecuting agency. 126.1 (b) Notwithstanding paragraph (a), the Hennepin or Ramsey 126.2 county sheriff may not sell firearms, ammunition, or firearms 126.3 accessories if the policy is disapproved by the applicable 126.4 county board. 126.5 [EFFECTIVE DATE.] This section is effective August 1, 2004, 126.6 and applies to crimes committed on or after that date. 126.7 Sec. 17. Minnesota Statutes 2002, section 609.5315, is 126.8 amended by adding a subdivision to read: 126.9 Subd. 5b. [DISPOSITION OF CERTAIN FORFEITED PROCEEDS; 126.10 PROSTITUTION, TRAFFICKING OFFENSES.] (a) For forfeitures 126.11 resulting from violations of section 609.322, the money or 126.12 proceeds from the sale of forfeited property, after payment of 126.13 seizure, storage, forfeiture, and sale expenses, and 126.14 satisfaction of valid liens against the property must be 126.15 distributed as follows: 126.16 (1) 40 percent of the proceeds must be forwarded to the 126.17 appropriate agency for deposit as a supplement to the agency's 126.18 operating fund or similar fund for use in law enforcement; 126.19 (2) 20 percent of the proceeds must be forwarded to the 126.20 county attorney or other prosecuting agency that handled the 126.21 forfeiture for deposit as a supplement to its operating fund or 126.22 similar fund for prosecutorial purposes; and 126.23 (3) the remaining 40 percent of the proceeds is 126.24 appropriated to the Department of Public Safety for distribution 126.25 to crime victims services organizations that provide services to 126.26 victims of prostitution or sex trafficking offenses. 126.27 (b) The commissioner of public safety must submit a report 126.28 to the legislature that describes the distribution of funds 126.29 under paragraph (a), clause (3). Beginning in 2005, the report 126.30 is due to the legislature by April 1 of each year. 126.31 [EFFECTIVE DATE.] This section is effective August 1, 2004, 126.32 and applies to crimes committed on or after that date. 126.33 Sec. 18. Minnesota Statutes 2002, section 609.746, 126.34 subdivision 1, is amended to read: 126.35 Subdivision 1. [SURREPTITIOUS INTRUSION; OBSERVATION 126.36 DEVICE.] (a) A person is guilty of a gross misdemeanor who: 127.1 (1) enters upon another's property; 127.2 (2) surreptitiously gazes, stares, or peeps in the window 127.3 or any other aperture of a house or place of dwelling of 127.4 another; and 127.5 (3) does so with intent to intrude upon or interfere with 127.6 the privacy of a member of the household. 127.7 (b) A person is guilty of a gross misdemeanor who: 127.8 (1) enters upon another's property; 127.9 (2) surreptitiously installs or uses any device for 127.10 observing, photographing, recording, amplifying, or broadcasting 127.11 sounds or events through the window or any other aperture of a 127.12 house or place of dwelling of another; and 127.13 (3) does so with intent to intrude upon or interfere with 127.14 the privacy of a member of the household. 127.15 (c) A person is guilty of a gross misdemeanor who: 127.16 (1) surreptitiously gazes, stares, or peeps in the window 127.17 or other aperture of a sleeping room in a hotel, as defined in 127.18 section 327.70, subdivision 3, a tanning booth, or other place 127.19 where a reasonable person would have an expectation of privacy 127.20 and has exposed or is likely to expose their intimate parts, as 127.21 defined in section 609.341, subdivision 5, or the clothing 127.22 covering the immediate area of the intimate parts; and 127.23 (2) does so with intent to intrude upon or interfere with 127.24 the privacy of the occupant. 127.25 (d) A person is guilty of a gross misdemeanor who: 127.26 (1) surreptitiously installs or uses any device for 127.27 observing, photographing, recording, amplifying, or broadcasting 127.28 sounds or events through the window or other aperture of a 127.29 sleeping room in a hotel, as defined in section 327.70, 127.30 subdivision 3, a tanning booth, or other place where a 127.31 reasonable person would have an expectation of privacy and has 127.32 exposed or is likely to expose their intimate parts, as defined 127.33 in section 609.341, subdivision 5, or the clothing covering the 127.34 immediate area of the intimate parts; and 127.35 (2) does so with intent to intrude upon or interfere with 127.36 the privacy of the occupant. 128.1 (e) A person is guilty of agross misdemeanorfelony and 128.2 may be sentenced to imprisonment for not more than two years or 128.3 to payment of a fine of not more than $5,000, or both, if the 128.4 person: 128.5 (1) violates this subdivision after a previous conviction 128.6 under this subdivision or section 609.749; or 128.7 (2) violates this subdivision against a minor under the age 128.8 of1618, knowing or having reason to know that the minor is 128.9 present. 128.10 (f) Paragraphs (b) and (d) do not apply to law enforcement 128.11 officers or corrections investigators, or to those acting under 128.12 their direction, while engaged in the performance of their 128.13 lawful duties. Paragraphs (c) and (d) do not apply to conduct 128.14 in: (1) a medical facility; or (2) a commercial establishment 128.15 if the owner of the establishment has posted conspicuous signs 128.16 warning that the premises are under surveillance by the owner or 128.17 the owner's employees. 128.18 [EFFECTIVE DATE.] This section is effective August 1, 2004, 128.19 and applies to crimes committed on or after that date. 128.20 Sec. 19. Minnesota Statutes 2002, section 609.748, 128.21 subdivision 2, is amended to read: 128.22 Subd. 2. [RESTRAINING ORDER; JURISDICTION.] A person who 128.23 is a victim of harassment may seek a restraining order from the 128.24 district court in the manner provided in this section. The 128.25 parent, stepparent, or guardian of a minor who is a victim of 128.26 harassment may seek a restraining order from the district court 128.27 on behalf of the minor. 128.28 [EFFECTIVE DATE.] This section is effective July 1, 2004. 128.29 Sec. 20. Minnesota Statutes 2002, section 609.748, 128.30 subdivision 3a, is amended to read: 128.31 Subd. 3a. [FILING FEE; COST OF SERVICE.] The filing fees 128.32 for a restraining order under this section are waived for the 128.33 petitioner if the petition alleges acts that would constitute a 128.34 violation of section 609.342; 609.343; 609.344; 609.345; 128.35 609.3451; or 609.749, subdivision 2 or 3. The court 128.36 administrator and the sheriff of any county in this state shall 129.1 perform their duties relating to service of process without 129.2 charge to the petitioner. The court shall direct payment of the 129.3 reasonable costs of service of process if served by a private 129.4 process server when the sheriff is unavailable or if service is 129.5 made by publication. The court may direct a respondent to pay 129.6 to the court administrator the petitioner's filing fees and 129.7 reasonable costs of service of process if the court determines 129.8 that the respondent has the ability to pay the petitioner's fees 129.9 and costs. 129.10 [EFFECTIVE DATE.] This section is effective July 1, 2004. 129.11 Sec. 21. Minnesota Statutes 2002, section 609.749, 129.12 subdivision 1, is amended to read: 129.13 Subdivision 1. [DEFINITION.] As used in this section, 129.14 "harass" means to engage in intentional conduct which:129.15(1)the actor knows or has reason to know would cause the 129.16 victim under the circumstances to feel frightened, threatened, 129.17 oppressed, persecuted, or intimidated; and129.18(2) causes this reaction on the part of the victim. 129.19 [EFFECTIVE DATE.] This section is effective August 1, 2004, 129.20 and applies to crimes committed on or after that date. 129.21 Sec. 22. Minnesota Statutes 2002, section 609.749, 129.22 subdivision 2, is amended to read: 129.23 Subd. 2. [HARASSMENT AND STALKING CRIMES.] (a) A person 129.24 who harasses another by committing any of the following acts is 129.25 guilty of a gross misdemeanor: 129.26 (1) directly or indirectly manifests a purpose or intent to 129.27 injure the person, property, or rights of another by the 129.28 commission of an unlawful act; 129.29 (2) stalks, follows, monitors, or pursues another, whether 129.30 in person or through technological or other means; 129.31 (3) returns to the property of another if the actor is 129.32 without claim of right to the property or consent of one with 129.33 authority to consent; 129.34 (4) repeatedly makes telephone calls, or induces a victim 129.35 to make telephone calls to the actor, whether or not 129.36 conversation ensues; 130.1 (5) makes or causes the telephone of another repeatedly or 130.2 continuously to ring; 130.3 (6) repeatedly mails or delivers or causes the delivery by 130.4 any means, including electronically, of letters, telegrams, 130.5 messages, packages, or other objects; or 130.6 (7) knowingly makes false allegations against a peace 130.7 officer concerning the officer's performance of official duties 130.8 with intent to influence or tamper with the officer's 130.9 performance of official duties. 130.10 (b) The conduct described in paragraph (a), clauses (4) and 130.11 (5), may be prosecuted at the place where any call is either 130.12 made or received. The conduct described in paragraph (a), 130.13 clause (6), may be prosecuted where any letter, telegram, 130.14 message, package, or other object is either sent or received. 130.15 (c) A peace officer may not make a warrantless, custodial 130.16 arrest of any person for a violation of paragraph (a), clause 130.17 (7). 130.18 [EFFECTIVE DATE.] This section is effective August 1, 2004, 130.19 and applies to crimes committed on or after that date. 130.20 ARTICLE 8 130.21 COURT POLICY AND PUBLIC DEFENSE 130.22 Section 1. Minnesota Statutes 2002, section 2.722, 130.23 subdivision 1, is amended to read: 130.24 Subdivision 1. [DESCRIPTION.] Effective July 1, 1959, the 130.25 state is divided into ten judicial districts composed of the 130.26 following named counties, respectively, in each of which 130.27 districts judges shall be chosen as hereinafter specified: 130.28 1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and 130.29 Sibley;3335 judges; and four permanent chambers shall be 130.30 maintained in Red Wing, Hastings, Shakopee, and Glencoe and one 130.31 other shall be maintained at the place designated by the chief 130.32 judge of the district; 130.33 2. Ramsey; 26 judges; 130.34 3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, 130.35 Waseca, Freeborn, Mower, and Fillmore; 23 judges; and permanent 130.36 chambers shall be maintained in Faribault, Albert Lea, Austin, 131.1 Rochester, and Winona; 131.2 4. Hennepin;6062 judges; 131.3 5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, 131.4 Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault, 131.5 Martin, and Jackson; 16 judges; and permanent chambers shall be 131.6 maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato; 131.7 6. Carlton, St. Louis, Lake, and Cook; 15 judges; 131.8 7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, 131.9 Stearns, Todd, Clay, Becker, and Wadena;2527 judges; and 131.10 permanent chambers shall be maintained in Moorhead, Fergus 131.11 Falls, Little Falls, and St. Cloud; 131.12 8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, 131.13 Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, 131.14 Traverse, and Wilkin; 11 judges; and permanent chambers shall be 131.15 maintained in Morris, Montevideo, and Willmar; 131.16 9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, 131.17 Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, 131.18 Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 131.192224 judges; and permanent chambers shall be maintained in 131.20 Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids, 131.21 and International Falls; and 131.22 10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, 131.23 Chisago, and Washington; 41 judges; and permanent chambers shall 131.24 be maintained in Anoka, Stillwater, and other places designated 131.25 by the chief judge of the district. 131.26 [EFFECTIVE DATE.] This section is effective January 1, 2005. 131.27 Sec. 2. Minnesota Statutes 2002, section 2.724, 131.28 subdivision 3, is amended to read: 131.29 Subd. 3. [RETIRED JUSTICESAND, JUDGES, AND 131.30 COMMISSIONERS.] (a) The chief justice of the Supreme Court may 131.31 assign a retired justice of the Supreme Court to act as a 131.32 justice of the Supreme Court pursuant to subdivision 2 or as a 131.33 judge of any other court. The chief justice may assign a 131.34 retired judge of any court to act as a judge of any court except 131.35 the Supreme Court. The chief justice may assign a retired court 131.36 commissioner to act as a commissioner of any district court. 132.1 The chief justice of the Supreme Court shall determine the pay 132.2 and expenses to be received by a judge or commissioner acting 132.3 pursuant to this paragraph. 132.4 (b) A judge who has been elected to office and who has 132.5 retired as a judge in good standing and is not practicing law 132.6 may also be appointed to serve as judge of any court except the 132.7 Supreme Court. A retired judge acting under this paragraph will 132.8 receive pay and expenses in the amount established by the 132.9 Supreme Court. 132.10 (c) A commissioner who has retired as a commissioner in 132.11 good standing and is not practicing law may also be appointed to 132.12 serve as commissioner of any court except the Supreme Court or 132.13 Court of Appeals. A retired commissioner acting under this 132.14 paragraph will receive pay and expenses in the amount 132.15 established by the Supreme Court. 132.16 [EFFECTIVE DATE.] This section is effective July 1, 2004. 132.17 Sec. 3. Minnesota Statutes 2002, section 260C.163, 132.18 subdivision 3, is amended to read: 132.19 Subd. 3. [APPOINTMENT OF COUNSEL.] (a) The child, parent, 132.20 guardian or custodian has the right to effective assistance of 132.21 counsel in connection with a proceeding in juvenile court. 132.22 (b) Except in proceedings where the sole basis for the 132.23 petition is habitual truancy, if the child, parent, guardian, or 132.24 custodian desires counsel but is unable to employ it, the court 132.25 shall appoint counsel to represent the child who is ten years of 132.26 age or older or the parents or guardian in any case in which it 132.27 feels that such an appointment is appropriate. In the case of a 132.28 child who is ten years of age or older, the counsel appointed 132.29 shall be the district public defender. Appointed counsel for a 132.30 parent, guardian, or custodian must not be the district public 132.31 defender. Appointed counsel for a parent, guardian, or 132.32 custodian must be paid for by the county in which the petition 132.33 originates. 132.34 (c) In any proceeding where the sole basis for the petition 132.35 is habitual truancy, the child, parent, guardian, and custodian 132.36 do not have the right to appointment of a public defender or 133.1 other counsel at public expense. However, before any 133.2 out-of-home placement, including foster care or inpatient 133.3 treatment, can be ordered, the court must appoint a public 133.4 defender or other counsel at public expense in accordance with 133.5 paragraph (b). 133.6 (d) Counsel for the child shall not also act as the child's 133.7 guardian ad litem. 133.8 (e) In any proceeding where the subject of a petition for a 133.9 child in need of protection or services is not represented by an 133.10 attorney, the court shall determine the child's preferences 133.11 regarding the proceedings, if the child is of suitable age to 133.12 express a preference. 133.13 [EFFECTIVE DATE.] This section is effective July 1, 2004. 133.14 Sec. 4. Minnesota Statutes 2003 Supplement, section 133.15 270A.03, subdivision 5, is amended to read: 133.16 Subd. 5. [DEBT.] "Debt" means a legal obligation of a 133.17 natural person to pay a fixed and certain amount of money, which 133.18 equals or exceeds $25 and which is due and payable to a claimant 133.19 agency. The term includes criminal fines imposed under section 133.20 609.10 or 609.125 and restitution.The term also includes the133.21co-payment for the appointment of a district public defender133.22imposed under section 611.17, paragraph (c).A debt may arise 133.23 under a contractual or statutory obligation, a court order, or 133.24 other legal obligation, but need not have been reduced to 133.25 judgment. 133.26 A debt includes any legal obligation of a current recipient 133.27 of assistance which is based on overpayment of an assistance 133.28 grant where that payment is based on a client waiver or an 133.29 administrative or judicial finding of an intentional program 133.30 violation; or where the debt is owed to a program wherein the 133.31 debtor is not a client at the time notification is provided to 133.32 initiate recovery under this chapter and the debtor is not a 133.33 current recipient of food support, transitional child care, or 133.34 transitional medical assistance. 133.35 A debt does not include any legal obligation to pay a 133.36 claimant agency for medical care, including hospitalization if 134.1 the income of the debtor at the time when the medical care was 134.2 rendered does not exceed the following amount: 134.3 (1) for an unmarried debtor, an income of $8,800 or less; 134.4 (2) for a debtor with one dependent, an income of $11,270 134.5 or less; 134.6 (3) for a debtor with two dependents, an income of $13,330 134.7 or less; 134.8 (4) for a debtor with three dependents, an income of 134.9 $15,120 or less; 134.10 (5) for a debtor with four dependents, an income of $15,950 134.11 or less; and 134.12 (6) for a debtor with five or more dependents, an income of 134.13 $16,630 or less. 134.14 The income amounts in this subdivision shall be adjusted 134.15 for inflation for debts incurred in calendar years 2001 and 134.16 thereafter. The dollar amount of each income level that applied 134.17 to debts incurred in the prior year shall be increased in the 134.18 same manner as provided in section 1(f) of the Internal Revenue 134.19 Code of 1986, as amended through December 31, 2000, except that 134.20 for the purposes of this subdivision the percentage increase 134.21 shall be determined from the year starting September 1, 1999, 134.22 and ending August 31, 2000, as the base year for adjusting for 134.23 inflation for debts incurred after December 31, 2000. 134.24 Debt also includes an agreement to pay a MinnesotaCare 134.25 premium, regardless of the dollar amount of the premium 134.26 authorized under section 256L.15, subdivision 1a. 134.27 [EFFECTIVE DATE.] This section is effective July 1, 2004. 134.28 Sec. 5. Minnesota Statutes 2003 Supplement, section 134.29 357.021, subdivision 6, is amended to read: 134.30 Subd. 6. [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 134.31 (a) The court shall impose and the court administrator shall 134.32 collect a $60 surcharge on every person convicted of any felony, 134.33 gross misdemeanor, misdemeanor, or petty misdemeanor offense, 134.34 other than a violation of a law or ordinance relating to vehicle 134.35 parking, for which there shall be a $3 surcharge. In the Second 134.36 Judicial District, the court shall impose, and the court 135.1 administrator shall collect, an additional $1 surcharge on every 135.2 person convicted of any felony, gross misdemeanor, or petty 135.3 misdemeanor offense, including a violation of a law or ordinance 135.4 relating to vehicle parking, if the Ramsey County Board of 135.5 Commissioners authorizes the $1 surcharge. The surcharge shall 135.6 be imposed whether or not the person is sentenced to 135.7 imprisonment or the sentence is stayed. 135.8 (b) If the court fails to impose a surcharge as required by 135.9 this subdivision, the court administrator shall show the 135.10 imposition of the surcharge, collect the surcharge and correct 135.11 the record. 135.12 (c) The court may not waive payment of the surcharge 135.13 required under this subdivision. Upon a showing of indigency or 135.14 undue hardship upon the convicted person or the convicted 135.15 person's immediate family, the sentencing court may authorize 135.16 payment of the surcharge in installments. 135.17 (d) The court administrator or other entity collecting a 135.18 surcharge shall forward it to the commissioner of finance. 135.19 (e) If the convicted person is sentenced to imprisonment 135.20 and has not paid the surcharge before the term of imprisonment 135.21 begins, the chief executive officer of the correctional facility 135.22 in which the convicted person is incarcerated shall collect the 135.23 surcharge from any earnings the inmate accrues from work 135.24 performed in the facility or while on conditional release. The 135.25 chief executive officer shall forward the amount collected to 135.26 the commissioner of finance. 135.27 [EFFECTIVE DATE.] This section is effective either the day 135.28 after the governing body of Ramsey County authorizes imposition 135.29 of the surcharge, or July 1, 2004, whichever is the later date, 135.30 and applies to convictions on or after the effective date. 135.31 Sec. 6. Minnesota Statutes 2003 Supplement, section 135.32 357.021, subdivision 7, is amended to read: 135.33 Subd. 7. [DISBURSEMENT OF SURCHARGES BY COMMISSIONER OF 135.34 FINANCE.] (a) Except as provided in paragraphs (b)and, (c), and 135.35 (d), the commissioner of finance shall disburse surcharges 135.36 received under subdivision 6 and section 97A.065, subdivision 2, 136.1 as follows: 136.2 (1) one percent shall be credited to the game and fish fund 136.3 to provide peace officer training for employees of the 136.4 Department of Natural Resources who are licensed under sections 136.5 626.84 to 626.863, and who possess peace officer authority for 136.6 the purpose of enforcing game and fish laws; 136.7 (2) 39 percent shall be credited to the peace officers 136.8 training account in the special revenue fund; and 136.9 (3) 60 percent shall be credited to the general fund. 136.10 (b) The commissioner of finance shall credit $3 of each 136.11 surcharge received under subdivision 6 and section 97A.065, 136.12 subdivision 2, to the general fund. 136.13 (c) In addition to any amounts credited under paragraph 136.14 (a), the commissioner of finance shall credit $32 of each 136.15 surcharge received under subdivision 6 and section 97A.065, 136.16 subdivision 2, and the $3 parking surcharge, to the general fund. 136.17 (d) If the Ramsey County Board of Commissioners authorizes 136.18 imposition of the additional $1 surcharge provided for in 136.19 subdivision 6, paragraph (a), the court administrator in the 136.20 Second Judicial District shall transmit the surcharge to the 136.21 commissioner of finance who shall credit the surcharge to the 136.22 general fund. 136.23 [EFFECTIVE DATE.] This section is effective either the day 136.24 after the governing body of Ramsey County authorizes imposition 136.25 of the surcharge, or July 1, 2004, whichever is the later date, 136.26 and applies to convictions on or after the effective date. 136.27 Sec. 7. Minnesota Statutes 2002, section 489.01, is 136.28 amended by adding a subdivision to read: 136.29 Subd. 4. [COURT COMMISSIONER RETIREMENT.] Upon retirement 136.30 of a court commissioner, the retired commissioner may be 136.31 appointed pursuant to section 2.724 and assigned to aid and 136.32 assist in the performance of such duties as may be assigned by 136.33 the chief judge of the district and act thereon with full powers 136.34 of a commissioner as provided in section 489.02. 136.35 [EFFECTIVE DATE.] This section is effective July 1, 2004. 136.36 Sec. 8. [545A.01] [APPEAL OF PRETRIAL ORDERS; ATTORNEY 137.1 FEES; DEFENDANT; NOT GOVERNMENT RESPONSIBILITY.] 137.2 (a) Notwithstanding Rule 28.04, subdivision 2, clause (6), 137.3 of the Rules of Criminal Procedure, the government unit is not 137.4 required to pay the attorney fees and costs incurred by the 137.5 defendant on the unit's appeal of the following: 137.6 (1) in any case, from a pretrial order of the trial court; 137.7 (2) in felony cases, from any sentence imposed or stayed by 137.8 the trial court; 137.9 (3) in any case, from an order granting postconviction 137.10 relief; 137.11 (4) in any case, from a judgment of acquittal by the trial 137.12 court entered after the jury returns a verdict of guilty under 137.13 Rule 26.03, subdivision 17(2) or (3), of the Rules of Criminal 137.14 Procedure; and 137.15 (5) in any case, from an order of the trial court vacating 137.16 judgment and dismissing the case made after the jury returns a 137.17 verdict of guilty under Rule 26.04, subdivision 2, of the Rules 137.18 of Criminal Procedure. 137.19 (b) Paragraph (a) does not apply if the defendant is 137.20 represented by the public defender in this matter. 137.21 [EFFECTIVE DATE.] This section is effective July 1, 2004. 137.22 Sec. 9. Minnesota Statutes 2003 Supplement, section 137.23 611.14, is amended to read: 137.24 611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.] 137.25 The following persons who are financially unable to obtain 137.26 counsel are entitled to be represented by a public defender: 137.27 (1) a person charged with a felony, gross misdemeanor, or 137.28 misdemeanor including a person charged under sections 629.01 to 137.29 629.29; 137.30 (2) a person appealing from a conviction of a felony or 137.31 gross misdemeanor, or a person convicted of a felony or gross 137.32 misdemeanor, who is pursuing a postconviction proceeding and who 137.33 has not already had a direct appeal of the conviction, but if 137.34 the person pled guilty and received a presumptive sentence or a 137.35 downward departure in sentence, and the state public defender 137.36 reviewed the person's case and determined that there was no 138.1 basis for an appeal of the conviction or of the sentence, then 138.2 the state public defender may decline to represent the person in 138.3 a postconviction remedy case; 138.4 (3) a person who is entitled to be represented by counsel 138.5 under section 609.14, subdivision 2; or 138.6 (4) a minor ten years of age or older who is entitled to be 138.7 represented by counsel under section 260B.163, subdivision 4, or 138.8 260C.163, subdivision 3. 138.9 The Board of Public Defense must not provide or pay for 138.10 public defender services to persons other than those entitled to 138.11 representation under this section. 138.12 [EFFECTIVE DATE.] This section is effective July 1, 2004. 138.13 Sec. 10. Minnesota Statutes 2002, section 611.16, is 138.14 amended to read: 138.15 611.16 [REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.] 138.16 Any person described in section 611.14or any other person138.17entitled by law to representation by counsel,may at any time 138.18 request the court in which the matter is pending, or the court 138.19 in which the conviction occurred, to appoint a public defender 138.20 to represent the person. In a proceeding defined by clause (2) 138.21 of section 611.14, application for the appointment of a public 138.22 defender may also be made to a judge of the Supreme Court. 138.23 [EFFECTIVE DATE.] This section is effective July 1, 2004, 138.24 and applies to crimes committed on or after that date. 138.25 Sec. 11. Minnesota Statutes 2003 Supplement, section 138.26 611.17, subdivision 1, is amended to read: 138.27 Subdivision 1. [STANDARDS FOR DISTRICT PUBLIC DEFENSE 138.28 ELIGIBILITY.] (a) Each judicial district must screen requests 138.29 for representation by the district public defender. A defendant 138.30 is financially unable to obtain counsel if: 138.31 (1) the defendant, or any dependent of the defendant who 138.32 resides in the same household as the defendant, receives 138.33 means-tested governmental benefits; or 138.34 (2) the defendant, through any combination of liquid assets 138.35 and current income, would be unable to pay the reasonable costs 138.36 charged by private counsel in that judicial district for a 139.1 defense of the same matter. 139.2 (b) Upon a request for the appointment of counsel, the 139.3 court shall make appropriate inquiry into the financial 139.4 circumstances of the applicant, who shall submit a financial 139.5 statement under oath or affirmation setting forth the 139.6 applicant's assets and liabilities, including the value of any 139.7 real property owned by the applicant, whether homestead or 139.8 otherwise, less the amount of any encumbrances on the real 139.9 property, the source or sources of income, and any other 139.10 information required by the court. The applicant shall be under 139.11 a continuing duty while represented by a public defender to 139.12 disclose any changes in the applicant's financial circumstances 139.13 that might be relevant to the applicant's eligibility for a 139.14 public defender. The state public defender shall furnish 139.15 appropriate forms for the financial statements. The forms must 139.16 contain conspicuous notice of the applicant's continuing duty to 139.17 disclose to the court changes in the applicant's financial 139.18 circumstances. The forms must also contain conspicuous notice 139.19 of the applicant's obligation to make a co-payment for the 139.20 services of the district public defender, as specified under 139.21 paragraph (c). The information contained in the statement shall 139.22 be confidential and for the exclusive use of the court and the 139.23 public defender appointed by the court to represent the 139.24 applicant except for any prosecution under section 609.48. A 139.25 refusal to execute the financial statement or produce financial 139.26 records constitutes a waiver of the right to the appointment of 139.27 a public defender. The court shall not appoint a district 139.28 public defender to a defendant who is financially able to retain 139.29 private counsel but refuses to do so. 139.30 An inquiry to determine financial eligibility of a 139.31 defendant for the appointment of the district public defender 139.32 shall be made whenever possible prior to the court appearance 139.33 and by such persons as the court may direct. This inquiry may 139.34 be combined with the prerelease investigation provided for in 139.35 Minnesota Rule of Criminal Procedure 6.02, subdivision 3. In no 139.36 case shall the district public defender be required to perform 140.1 this inquiry or investigate the defendant's assets or 140.2 eligibility. The court has the sole duty to conduct a financial 140.3 inquiry. The inquiry must include the following: 140.4 (1) the liquidity of real estate assets, including the 140.5 defendant's homestead; 140.6 (2) any assets that can be readily converted to cash or 140.7 used to secure a debt; 140.8 (3) the determination of whether the transfer of an asset 140.9 is voidable as a fraudulent conveyance; and 140.10 (4) the value of all property transfers occurring on or 140.11 after the date of the alleged offense. The burden is on the 140.12 accused to show that he or she is financially unable to afford 140.13 counsel. Defendants who fail to provide information necessary 140.14 to determine eligibility shall be deemed ineligible. The court 140.15 must not appoint the district public defender as advisory 140.16 counsel. 140.17 (c) Uponappointment of the public defenderdisposition of 140.18 the case, an individual whoreceiveshas received public 140.19 defender services shallbe obligated topay to the court a 140.20 co-payment for representation provided by a public defender, 140.21 unless the co-payment is, or has been, waived by the court. The 140.22 co-payment shall be according to the following schedule: 140.23 (1) if the person was charged with a felony, $200; 140.24 (2) if the person was charged with a gross misdemeanor, 140.25 $100; or 140.26 (3) if the person was charged with a misdemeanor, $50. 140.27 If the person is a child and was appointed counsel under 140.28 the provisions of section 260B.163, subdivision 4, the parents 140.29 of the child shall pay to the court a co-payment of $100. If 140.30 the person is a parent of a child and the parent was appointed 140.31 counsel under the provisions of section 260C.163, subdivision 3, 140.32 the parent shall pay to the court a co-payment of $200. The 140.33 co-payment shall be deposited in the state general fund. 140.34 If a term of probation is imposed as a part of an 140.35 offender's sentence, the co-payment required by this section 140.36 must not be made a condition of probation. The co-payment 141.1 required by this section is a civil obligation and must not be 141.2 made a condition of a criminal sentence.Collection of the141.3co-payment may be made through the provisions of chapter 270A,141.4the Revenue Recapture Act.141.5(d) All public defender co-pay revenue collected under141.6paragraph (c) and revenues less statutory fees collected under141.7chapter 270A shall be deposited in the public defender co-pay141.8account in the special revenue fund.141.9The first $2,740,000 deposited in the public defender141.10co-pay account must be transferred to the general fund. This is141.11not an annual transfer. Receipts in excess of the first141.12$2,740,000 are appropriated to the Board of Public Defense for141.13public defender services.141.14 [EFFECTIVE DATE.] This section is effective July 1, 2004, 141.15 and applies to crimes committed on or after that date. 141.16 Sec. 12. Minnesota Statutes 2002, section 611.215, 141.17 subdivision 1, is amended to read: 141.18 Subdivision 1. [STRUCTURE; MEMBERSHIP.] (a) The State 141.19 Board of Public Defense is a part of, but is not subject to the 141.20 administrative control of, the judicial branch of government. 141.21 The State Board of Public Defense shall consist of seven members 141.22 including: 141.23 (1)fourtwo attorneys admitted to the practice of law, 141.24 well acquainted with the defense of persons accused of crime, 141.25 but not employed as prosecutors, appointed by the Supreme Court; 141.26and141.27 (2) three public members appointed by the governor; and 141.28 (3) one attorney admitted to the practice of law, well 141.29 acquainted with the defense of persons accused of crime, but not 141.30 employed as a prosecutor, appointed by the speaker of the house 141.31 of representatives; and 141.32 (4) one attorney admitted to the practice of law, well 141.33 acquainted with the defense of persons accused of crime, but not 141.34 employed as a prosecutor, appointed by the senate majority 141.35 leader. 141.36 After the expiration of the terms of persons appointed to 142.1 the board before March 1, 1991, the appointing authorities may 142.2 not appoint a person who is a judge to be a member of the State 142.3 Board of Public Defense, other than as a member of the ad hoc 142.4 Board of Public Defense. 142.5 (b) All members shall demonstrate an interest in 142.6 maintaining a high quality, independent defense system for those 142.7 who are unable to obtain adequate representation. Appointments 142.8 to the board shall include qualified women and members of 142.9 minority groups. At least three members of the board shall be 142.10 from judicial districts other than the First, Second, Fourth, 142.11 and Tenth Judicial Districts. The terms, compensation, and 142.12 removal of members shall be as provided in section 15.0575. The 142.13 chair shall be elected by the members from among the membership 142.14 for a term of two years. 142.15 (c) In addition, the State Board of Public Defense shall 142.16 consist of a nine-member ad hoc board when considering the 142.17 appointment of district public defenders under section 611.26, 142.18 subdivision 2. The terms of chief district public defenders 142.19 currently serving shall terminate in accordance with the 142.20 staggered term schedule set forth in section 611.26, subdivision 142.21 2. 142.22 [EFFECTIVE DATE.] This section is effective July 1, 2004. 142.23 Sec. 13. Minnesota Statutes 2003 Supplement, section 142.24 611.25, subdivision 1, is amended to read: 142.25 Subdivision 1. [REPRESENTATION.] (a) The state public 142.26 defender shall represent, without charge: 142.27 (1) a defendant or other person appealing from a conviction 142.28 of a felony or gross misdemeanor; 142.29 (2) a person convicted of a felony or gross misdemeanor who 142.30 is pursuing a postconviction proceeding and who has not already 142.31 had a direct appeal of the conviction, but if the person pled 142.32 guilty and received a presumptive sentence or a downward 142.33 departure in sentence, and the state public defender reviewed 142.34 the person's case and determined that there was no basis for an 142.35 appeal of the conviction or of the sentence, then the state 142.36 public defender may decline to represent the person in a 143.1 postconviction remedy case; and 143.2 (3) a child who is appealing from a delinquency 143.3 adjudication or from an extended jurisdiction juvenile 143.4 conviction. 143.5 (b) The state public defender may represent, without 143.6 charge, all other persons pursuing a postconviction remedy under 143.7 section 590.01, who are financially unable to obtain counsel. 143.8 (c)The state public defender shall represent any other143.9person, who is financially unable to obtain counsel, when143.10directed to do so by the Supreme Court or the Court of Appeals,143.11except thatThe state public defender shall not represent a 143.12 person in any action or proceeding in which a party is seeking a 143.13 monetary judgment, recovery or award. When requested by a 143.14 district public defender or appointed counsel, the state public 143.15 defender may assist the district public defender, appointed 143.16 counsel, or an organization designated in section 611.216 in the 143.17 performance of duties, including trial representation in matters 143.18 involving legal conflicts of interest or other special 143.19 circumstances, and assistance with legal research and brief 143.20 preparation.When the state public defender is directed by a143.21court to represent a defendant or other person, the state public143.22defender may assign the representation to any district public143.23defender.143.24 [EFFECTIVE DATE.] This section is effective July 1, 2004, 143.25 and applies to crimes committed on or after that date. 143.26 Sec. 14. Minnesota Statutes 2003 Supplement, section 143.27 611.26, subdivision 6, is amended to read: 143.28 Subd. 6. [PERSONS DEFENDED.] The district public defender 143.29 shall represent, without charge, a defendant charged with a 143.30 felony, a gross misdemeanor, or misdemeanor when so directed by 143.31 the district court. The district public defender shall also 143.32 represent a minor ten years of age or older in the juvenile 143.33 court when so directed by the juvenile court. The district 143.34 public defender must not serve as advisory counsel. The 143.35 juvenile courtmaymust not order the district public defender 143.36 to represent a minor who is under the age of ten years, to serve 144.1 as a guardian ad litem,orto represent a guardian ad litem, or 144.2 to represent a parent, guardian, or custodian under section 144.3 260C.163. 144.4 [EFFECTIVE DATE.] This section is effective July 1, 2004. 144.5 Sec. 15. Minnesota Statutes 2003 Supplement, section 144.6 611.272, is amended to read: 144.7 611.272 [ACCESS TO GOVERNMENT DATA.] 144.8 The district public defender, the state public defender, or 144.9 an attorney working for a public defense corporation under 144.10 section 611.216 has access to the criminal justice data 144.11 communications network described in section 299C.46, as provided 144.12 in this section. Access to data under this section is limited 144.13 to dataregarding the public defender's own client asnecessary 144.14 to prepare criminal cases in which the public defender has been 144.15 appointed, includingas follows: 144.16 (1) access to data about witnesses in a criminal case shall 144.17 be limited to records of criminal convictions; and 144.18 (2) access to data regarding the public defender's own 144.19 client which includes, but is not limited to, criminal history 144.20 data under section 13.87; juvenile offender data under section 144.21 299C.095; warrant information data under section 299C.115; 144.22 incarceration data under section 299C.14; conditional release 144.23 data under section 299C.147; and diversion program data under 144.24 section 299C.46, subdivision 5. 144.25 The public defender has access to data under this section, 144.26 whether accessed via CriMNet or other methods. The public 144.27 defender does not have access to law enforcement active 144.28 investigative data under section 13.82, subdivision 7; data 144.29 protected under section 13.82, subdivision 17;orconfidential 144.30 arrest warrant indices data under section 13.82, subdivision 19; 144.31 or data systems maintained by a prosecuting attorney. The 144.32 public defender has access to the data at no charge, except for 144.33 the monthly network access charge under section 299C.46, 144.34 subdivision 3, paragraph (b), and a reasonable installation 144.35 charge for a terminal. Notwithstanding section 13.87, 144.36 subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48, 145.1 or any other law to the contrary, there shall be no charge to 145.2 public defenders for Internet access to the criminal justice 145.3 data communications network. 145.4 [EFFECTIVE DATE.] This section is effective July 1, 2004. 145.5 Sec. 16. [REPEALER.] 145.6 Minnesota Statutes 2002, section 486.055; and Minnesota 145.7 Statutes 2003 Supplement, section 611.18, are repealed. 145.8 [EFFECTIVE DATE.] This section is effective July 1, 2004. 145.9 ARTICLE 9 145.10 CORRECTIONS AND PUBLIC SAFETY 145.11 Section 1. Minnesota Statutes 2002, section 169A.52, 145.12 subdivision 7, is amended to read: 145.13 Subd. 7. [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 145.14 behalf of the commissioner, a peace officer requiring a test or 145.15 directing the administration of a chemical test shall serve 145.16 immediate notice of intention to revoke and of revocation on a 145.17 person who refuses to permit a test or on a person who submits 145.18 to a test the results of which indicate an alcohol concentration 145.19 of 0.10 or more. 145.20 (b) On behalf of the commissioner, a peace officer 145.21 requiring a test or directing the administration of a chemical 145.22 test of a person driving, operating, or in physical control of a 145.23 commercial motor vehicle shall serve immediate notice of 145.24 intention to disqualify and of disqualification on a person who 145.25 refuses to permit a test, or on a person who submits to a test 145.26 the results of which indicate an alcohol concentration of 0.04 145.27 or more. 145.28 (c) The officer shalleither: 145.29 (1)take the driver's license or permit, if any,invalidate 145.30 the person's driver's license or permit card by clipping the 145.31 upper corner of the card in such a way that no identifying 145.32 information including the photo is destroyed, and immediately 145.33 return the card to the person; 145.34 (2) issue the person a temporary license effective for only 145.35 seven days; and 145.36 (3) senditthe notification of this action to the 146.1 commissioner along with the certificate required by subdivision 146.2 3 or 4, and issue a temporary license effective only for seven146.3days; or146.4(2) invalidate the driver's license or permit in such a way146.5that no identifying information is destroyed. 146.6 [EFFECTIVE DATE.] This section is effective July 1, 2004. 146.7 Sec. 2. Minnesota Statutes 2002, section 169A.60, 146.8 subdivision 11, is amended to read: 146.9 Subd. 11. [RESCISSION OF REVOCATION;AND DISMISSAL OR 146.10 ACQUITTAL; NEW PLATES.] If: 146.11 (1) the driver's license revocation that is the basis for 146.12 an impoundment order is rescinded; and 146.13 (2) the charges for the plate impoundment violation have 146.14 been dismissed with prejudice;or 146.15(3)the violator has been acquitted of the plate 146.16 impoundment violation; 146.17 then the registrar of motor vehicles shall issue new 146.18 registration plates for the vehicle at no cost, when the 146.19 registrar receives an application that includes a copy of the 146.20 order rescinding the driver's license revocation, and the order 146.21 dismissing the charges,or the judgment of acquittal. 146.22 [EFFECTIVE DATE.] This section is effective the day 146.23 following final enactment. 146.24 Sec. 3. Minnesota Statutes 2002, section 169A.63, 146.25 subdivision 8, is amended to read: 146.26 Subd. 8. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 146.27 motor vehicle used to commit a designated offense or used in 146.28 conduct resulting in a designated license revocation is subject 146.29 to administrative forfeiture under this subdivision. 146.30 (b) When a motor vehicle is seized under subdivision 2, the 146.31 appropriate agency shall serve the driver or operator of the 146.32 vehicle with a notice of the seizure and intent to forfeit the 146.33 vehicle. Additionally, when a motor vehicle is seized under 146.34 subdivision 2, or within a reasonable time after that, all 146.35 persons known to have an ownership, possessory, or security 146.36 interest in the vehicle must be notified of the seizure and the 147.1 intent to forfeit the vehicle. For those vehicles required to 147.2 be registered under chapter 168, the notification to a person 147.3 known to have a security interest in the vehicle is required 147.4 only if the vehicle is registered under chapter 168 and the 147.5 interest is listed on the vehicle's title. Notice mailed by 147.6 certified mail to the address shown in Department of Public 147.7 Safety records is sufficient notice to the registered owner of 147.8 the vehicle. For motor vehicles not required to be registered 147.9 under chapter 168, notice mailed by certified mail to the 147.10 address shown in the applicable filing or registration for the 147.11 vehicle is sufficient notice to a person known to have an 147.12 ownership, possessory, or security interest in the vehicle. 147.13 Otherwise, notice may be given in the manner provided by law for 147.14 service of a summons in a civil action. 147.15 (c) The notice must be in writing and contain: 147.16 (1) a description of the vehicle seized; 147.17 (2) the date of seizure; and 147.18 (3) notice of the right to obtain judicial review of the 147.19 forfeiture and of the procedure for obtaining that judicial 147.20 review, printed in English, Hmong, and Spanish. Substantially 147.21 the following language must appear conspicuously: "IF YOU DO 147.22 NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 147.23 STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO 147.24 A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 147.25 RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT 147.26 HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 147.27 UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR 147.28 LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT 147.29 HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS 147.30 WORTH LESS THAN $500." 147.31 (d) Within 30 days following service of a notice of seizure 147.32 and forfeiture under this subdivision, a claimant may file a 147.33 demand for a judicial determination of the forfeiture. The 147.34 demand must be in the form of a civil complaint and must be 147.35 filed with the court administrator in the county in which the 147.36 seizure occurred, together with: (1) proof of service of a copy 148.1 of the complaint on the prosecuting authority having 148.2 jurisdiction over the forfeiture, as well as on the appropriate 148.3 agency that initiated the forfeiture; and (2) the standard 148.4 filing fee for civil actions unless the petitioner has the right 148.5 to sue in forma pauperis under section 563.01. If the value of 148.6 the seized property is $7,500 or less, the claimant may file an 148.7 action in conciliation court for recovery of the seized 148.8 vehicle. A copy of the conciliation court statement of claim 148.9 must be served personally or by mail on the prosecuting 148.10 authority having jurisdiction over the forfeiture and on the 148.11 appropriate agency that initiated the forfeiture within 30 days 148.12 following service of the notice of seizure and forfeiture under 148.13 this subdivision. If the value of the seized property is less 148.14 than $500, the claimant does not have to pay the conciliation 148.15 court filing fee. No responsive pleading is required of the 148.16 prosecuting authority or the appropriate agency and no court 148.17 fees may be charged for the prosecuting authority's appearance 148.18 in the matter. The prosecuting authority may appear for the 148.19 appropriate agency. Except as provided in this section, 148.20 judicial reviews and hearings are governed by section 169A.53, 148.21 subdivisions 2 and 3, and, at the option of the prosecuting 148.22 authority, may take place at the same time as any judicial 148.23 review of the person's license revocation under section 148.24 169A.53. If the judicial review and hearing under this section 148.25 do not take place at the same time as the judicial review of the 148.26 person's license revocation under section 169A.53, the review 148.27 and hearing must take place at the earliest practicable date. 148.28 The proceedings may be combined with any hearing on a petition 148.29 filed under section 169A.53, subdivision 2, and are governed by 148.30 the Rules of Civil Procedure. 148.31 (e) The complaint must be captioned in the name of the 148.32 claimant as plaintiff and the seized vehicle as defendant, and 148.33 must state with specificity the grounds on which the claimant 148.34 alleges the vehicle was improperly seized and the plaintiff's 148.35 interest in the vehicle seized. Notwithstanding any law to the 148.36 contrary, an action for the return of a vehicle seized under 149.1 this section may not be maintained by or on behalf of any person 149.2 who has been served with a notice of seizure and forfeiture 149.3 unless the person has complied with this subdivision. 149.4 (f) If the claimant makes a timely demand for a judicial 149.5 determination under this subdivision, the appropriate agency 149.6 must conduct the forfeiture under subdivision 9. 149.7 (g) If a demand for judicial determination of an 149.8 administrative forfeiture is filed under this subdivision and 149.9 the court orders the return of the seized vehicle, the court 149.10 shall order that filing fees be reimbursed to the person who 149.11 filed the demand. In addition, the court may order sanctions 149.12 under section 549.211 (sanctions in civil actions). 149.13 [EFFECTIVE DATE.] This section is effective August 1, 2004. 149.14 Sec. 4. Minnesota Statutes 2002, section 171.12, 149.15 subdivision 3, is amended to read: 149.16 Subd. 3. [APPLICATION AND RECORD, WHEN DESTROYED.] The 149.17 department may cause applications for drivers' licenses, 149.18 provisional licenses, and instruction permits, and related 149.19 records, to be destroyed immediately after the period for which 149.20 issued, except that: 149.21 (1) the driver's record pertaining to revocations, 149.22 suspensions, cancellations, disqualifications, convictions, and 149.23 accidentsshall beare cumulative and must be kept for a period 149.24 of at least five years; and 149.25 (2) the driver's record pertaining to the alcohol-related 149.26 offenses and licensing actions listed in section 169A.03, 149.27 subdivisions 20 and 21, and to violations of sections 169A.31 149.28 and 171.24, subdivision 5,shall beare cumulative and must be 149.29 kept for a period of at least 15 years, except as provided in 149.30 clause (3); and 149.31 (3) the driver's record pertaining to the alcohol-related 149.32 offenses and licensing actions listed in section 169A.03, 149.33 subdivisions 20 and 21, and to violations of section 169A.31 149.34 must be purged after seven years of any reference to an offense 149.35 or action if the driver has incurred no other alcohol-related 149.36 offenses or licensing actions under those sections during the 150.1 seven-year period. 150.2 [EFFECTIVE DATE.] This section is effective July 1, 2004. 150.3 Sec. 5. Minnesota Statutes 2002, section 241.336, is 150.4 amended by adding a subdivision to read: 150.5 Subd. 3. [PROCEDURES WITHOUT CONSENT; EXPEDITED PROCESS; 150.6 INMATE NOTICE.] (a) An inmate in a correctional facility is 150.7 subject to the collection and testing of a blood sample if a 150.8 significant exposure occurs. In the absence of affirmative 150.9 consent and cooperation in the collection of a blood sample, the 150.10 head of a correctional facility may order an inmate to provide a 150.11 blood sample for testing for bloodborne pathogens if the 150.12 requirements of this subdivision are met. 150.13 (b) The head of a correctional facility must not order the 150.14 taking of a blood sample under this subdivision unless one or 150.15 more affidavits have been executed attesting that: 150.16 (1) the correctional facility followed the procedures in 150.17 sections 241.33 to 241.342 and attempted to obtain bloodborne 150.18 pathogen test results according to those sections; 150.19 (2) a licensed physician knowledgeable about the most 150.20 current recommendations of the United States Public Health 150.21 Service has determined that a significant exposure has occurred 150.22 to the corrections employee under section 241.341; and 150.23 (3) a physician has documented that the corrections 150.24 employee has provided a blood sample and consented to testing 150.25 for bloodborne pathogens, and bloodborne pathogen test results 150.26 are needed for beginning, continuing, modifying, or 150.27 discontinuing medical treatment for the corrections employee 150.28 under section 241.341. 150.29 (c) The head of the correctional facility may order the 150.30 inmate to provide a blood sample for bloodborne pathogen testing 150.31 if, based on the affidavits submitted under paragraph (b) or 150.32 other available evidence: 150.33 (1) there is probable cause to believe the corrections 150.34 employee has experienced a significant exposure to the inmate; 150.35 (2) the correctional facility imposes appropriate 150.36 safeguards against unauthorized disclosure, limits uses of 151.1 samples to those authorized by section 241.338, limits access to 151.2 the test results to the inmate and to persons who have a direct 151.3 need for the test results, and establishes a protocol for the 151.4 destruction of test results after they are no longer needed; 151.5 (3) a physician for the corrections employee needs the test 151.6 results for beginning, continuing, modifying, or discontinuing 151.7 medical treatment for the corrections employee; and 151.8 (4) the head of the correctional facility finds that the 151.9 interests of the corrections employee and the state in obtaining 151.10 the test results outweigh the interests of the inmate. In that 151.11 analysis, the head of the correctional facility may consider the 151.12 corrections employee's interests, including health, safety, 151.13 productivity, resumption of normal work and nonwork activities, 151.14 and peace of mind against the interests of the inmate, including 151.15 privacy, health, and safety. The head of the correctional 151.16 facility may also consider the interests of the state and 151.17 public, including economic, productivity, and safety interests. 151.18 (d) Facilities shall cooperate with petitioners in 151.19 providing any necessary affidavits to the extent that facility 151.20 staff can attest under oath to the facts in the affidavits. 151.21 (e) The commissioner of corrections and the director of 151.22 each local correctional facility must provide written notice to 151.23 each inmate through the inmate handbook, or a comparable 151.24 document, that an inmate may be subject to a blood draw without 151.25 a hearing if the inmate causes bodily fluids to come into 151.26 contact with employees of the Department of Corrections or 151.27 employees of local correctional facilities. 151.28 [EFFECTIVE DATE.] This section is effective the day 151.29 following final enactment. 151.30 Sec. 6. Minnesota Statutes 2002, section 243.24, 151.31 subdivision 2, is amended to read: 151.32 Subd. 2. [CHIEF EXECUTIVE OFFICER TO INCREASE FUND TO 151.33 $100.] If the fund standing to the credit of the prisoner on the 151.34 prisoner's leaving the facility by discharge, supervised 151.35 release, or on parole be less than $100, the warden or chief 151.36 executive officer is directed to pay out of the current expense 152.1 fund of the facility sufficient funds to make the total of said 152.2 earnings the sum of $100. Offenders who have previously 152.3 received the $100 upon their initial release from incarceration 152.4 will not receive the $100 on any second or subsequent release 152.5 from incarceration for the same offense. Offenders who were 152.6 sentenced as a short-term offender under section 609.105 shall 152.7 not receive gate money. 152.8 [EFFECTIVE DATE.] This section is effective July 1, 2004. 152.9 Sec. 7. Minnesota Statutes 2002, section 299A.38, 152.10 subdivision 2, is amended to read: 152.11 Subd. 2. [STATE AND LOCAL REIMBURSEMENT.] Peace officers 152.12 and heads of local law enforcement agencies who buy vests for 152.13 the use of peace officer employees may apply to the commissioner 152.14 for reimbursement of funds spent to buy vests. On approving an 152.15 application for reimbursement, the commissioner shall pay the 152.16 applicant an amount equal to the lesser of one-half of the 152.17 vest's purchase price or$300$600, as adjusted according to 152.18 subdivision 2a. The political subdivision that employs the 152.19 peace officer shall pay at least the lesser of one-half of the 152.20 vest's purchase price or$300$600, as adjusted according to 152.21 subdivision 2a. The political subdivision may not deduct or pay 152.22 its share of the vest's cost from any clothing, maintenance, or 152.23 similar allowance otherwise provided to the peace officer by the 152.24 law enforcement agency. 152.25 [EFFECTIVE DATE.] This section is effective July 1, 2004. 152.26 Sec. 8. Minnesota Statutes 2002, section 299A.38, 152.27 subdivision 2a, is amended to read: 152.28 Subd. 2a. [ADJUSTMENT OF REIMBURSEMENT AMOUNT.] On October 152.29 1,19972005, the commissioner of public safety shall adjust 152.30 the$300$600 reimbursement amounts specified in subdivision 2, 152.31 and in each subsequent year, on October 1, the commissioner 152.32 shall adjust the reimbursement amount applicable immediately 152.33 preceding that October 1 date. The adjusted rate must reflect 152.34 the annual percentage change in the Consumer Price Index for all 152.35 urban consumers, published by the federal Bureau of Labor 152.36 Statistics, occurring in the one-year period ending on the 153.1 preceding June 1. 153.2 [EFFECTIVE DATE.] This section is effective July 1, 2004. 153.3 Sec. 9. [299A.645] [GANG AND DRUG OVERSIGHT COUNCIL.] 153.4 Subdivision 1. [OVERSIGHT COUNCIL ESTABLISHED.] The Gang 153.5 and Drug Oversight Council is established to provide guidance 153.6 related to the investigation and prosecution of gang and drug 153.7 crime. 153.8 Subd. 2. [MEMBERSHIP.] The oversight council shall consist 153.9 of the following individuals or their designees: 153.10 (1) the director of the Office of Special Investigations, 153.11 as the representative of the commissioner of corrections; 153.12 (2) the superintendent of the Bureau of Criminal 153.13 Apprehension, as the representative of the commissioner of 153.14 public safety; 153.15 (3) the attorney general; 153.16 (4) six chiefs of police, selected by the Minnesota Chiefs 153.17 of Police Association; 153.18 (5) six sheriffs, selected by the Minnesota Sheriffs 153.19 Association to represent each district; 153.20 (6) the United States Attorney for the District of 153.21 Minnesota; 153.22 (7) two county attorneys, selected by the Minnesota County 153.23 Attorneys Association; 153.24 (8) a command-level representative of a gang strike force; 153.25 (9) a representative from a drug task force, selected by 153.26 the Minnesota State Association of Narcotics Investigators; 153.27 (10) a representative from the United States Drug 153.28 Enforcement Administration; 153.29 (11) a representative from the United States Bureau of 153.30 Alcohol, Tobacco and Firearms; and 153.31 (12) four members who are licensed peace officers, one each 153.32 of whom is selected by the Council on Black Minnesotans, the 153.33 Council on Asian-Pacific Minnesotans, the Council on Affairs of 153.34 Chicano/Latino People of Minnesota, and the Indian Affairs 153.35 Council. 153.36 The oversight council may adopt procedures to govern its conduct 154.1 as necessary and may select a chair from among its members. 154.2 Subd. 3. [OVERSIGHT COUNCIL'S DUTIES.] The oversight 154.3 council shall develop an overall strategy to ameliorate the harm 154.4 caused to the public by gang and drug crime within the state. 154.5 This strategy may include the development of protocols and 154.6 procedures to investigate gang and drug crime and a structure 154.7 for best addressing these issues in a multijurisdictional 154.8 manner. Additionally, the oversight council shall have the 154.9 following responsibilities: 154.10 (1) identifying and recommending a candidate or candidates 154.11 for statewide coordinator to the commissioner of public safety; 154.12 (2) establishing multijurisdictional task and strike forces 154.13 to combat gang and drug crime; 154.14 (3) assisting the Department of Public Safety in developing 154.15 an objective grant review application process that is free from 154.16 conflicts of interests; 154.17 (4) making funding recommendations to the commissioner of 154.18 public safety on grants to support efforts to combat gang and 154.19 drug crime; 154.20 (5) assisting in developing a process to collect and share 154.21 information to improve the investigation and prosecution of drug 154.22 offenses; 154.23 (6) developing and approving an operational budget for the 154.24 office of the statewide coordinator and the oversight council; 154.25 and 154.26 (7) adopting criteria for use in determining whether 154.27 individuals are or may be members of gangs involved in criminal 154.28 activity. 154.29 Subd. 4. [STATEWIDE COORDINATOR.] The commissioner shall 154.30 appoint a statewide coordinator as selected by the oversight 154.31 council. The coordinator, serving in unclassified service, 154.32 shall be responsible for the following: 154.33 (1) coordinating and monitoring the activities of the task 154.34 forces; 154.35 (2) facilitating local efforts and ensuring statewide 154.36 coordination with efforts to combat gang and drug crime; 155.1 (3) facilitating training for personnel; 155.2 (4) monitoring compliance with investigative protocols; and 155.3 (5) implementing an outcome evaluation and data quality 155.4 control process. 155.5 Subd. 5. [PARTICIPATING OFFICERS; EMPLOYMENT STATUS.] All 155.6 participating law enforcement officers must be licensed peace 155.7 officers as defined under section 626.84, subdivision 1, or 155.8 qualified federal law enforcement officers as defined in section 155.9 626.8453. Participating officers remain employees of the same 155.10 entity that employed them before joining any multijurisdictional 155.11 entity established under this section. Participating officers 155.12 are not employees of the state. 155.13 Subd. 6. [JURISDICTION AND POWERS.] Law enforcement 155.14 officers participating in any multijurisdictional entity 155.15 established under this section have statewide jurisdiction to 155.16 conduct criminal investigations and have the same powers of 155.17 arrest as those possessed by a sheriff. 155.18 Subd. 7. [GRANTS AUTHORIZED.] After considering 155.19 recommendations from the oversight council, the commissioner of 155.20 public safety may make grants to state and local units of 155.21 government to combat gang and drug crime. 155.22 Subd. 8. [OVERSIGHT COUNCIL IS PERMANENT.] Notwithstanding 155.23 section 15.059, this section does not expire. 155.24 Subd. 9. [FUNDING.] Participating agencies may accept 155.25 lawful grants or contributions from any federal source or legal 155.26 business or entity. 155.27 Subd. 10. [ROLE OF THE ATTORNEY GENERAL.] The attorney 155.28 general or a designee shall generally advise on any matters that 155.29 the oversight council deems appropriate. 155.30 Subd. 11. [ATTORNEY GENERAL; COMMUNITY LIAISON.] (a) The 155.31 attorney general or a designee shall serve as a liaison between 155.32 the oversight council and the councils created in sections 155.33 3.922, 3.9223, 3.9225, and 3.9226. The attorney general or 155.34 designee will be responsible for: 155.35 (1) informing the councils of the plans, activities, and 155.36 decisions, and hearing their reactions to those plans, 156.1 activities, and decisions; and 156.2 (2) providing the oversight council with the council's 156.3 position on the oversight council's plans, activities, and 156.4 decisions. 156.5 (b) In no event is the oversight council required to 156.6 disclose the names of individuals identified by it to the 156.7 councils referenced in this subdivision. 156.8 (c) Nothing in this subdivision changes the data 156.9 classification of any data held by the oversight council. 156.10 [EFFECTIVE DATE.] This section is effective July 1, 2004. 156.11 Sec. 10. Minnesota Statutes 2002, section 357.021, is 156.12 amended by adding a subdivision to read: 156.13 Subd. 8. [PROCEEDS COLLECTED FOR THE CRIMINAL JUSTICE 156.14 SPECIAL PROJECTS ACCOUNT.] Any proceeds received under this 156.15 section by the treasurer after June 30, 2003, for the criminal 156.16 justice special projects account in the special revenue fund 156.17 shall be transferred to the general fund. 156.18 [EFFECTIVE DATE.] This section is effective the day 156.19 following final enactment. 156.20 Sec. 11. [REPEALER.] 156.21 Minnesota Statutes 2002, sections 299A.64; 299A.65; and 156.22 299A.66, are repealed. 156.23 [EFFECTIVE DATE.] This section is effective July 1, 2004. 156.24 ARTICLE 10 156.25 RIGHTS OF VICTIMS OF SEXUAL ASSAULT 156.26 Section 1. Minnesota Statutes 2002, section 253B.02, is 156.27 amended by adding a subdivision to read: 156.28 Subd. 24. [VICTIM.] "Victim" means a natural person who 156.29 incurs loss or harm as a result of harmful sexual conduct 156.30 committed by a sexual psychopathic personality, sexually 156.31 dangerous person, or person who is mentally ill and dangerous to 156.32 the public. If the victim is deceased, "victim" means the 156.33 deceased's surviving spouse or next of kin. 156.34 Sec. 2. Minnesota Statutes 2002, section 253B.07, 156.35 subdivision 1, is amended to read: 156.36 Subdivision 1. [PREPETITION SCREENING.] (a) Prior to 157.1 filing a petition for commitment of or early intervention for a 157.2 proposed patient, an interested person shall apply to the 157.3 designated agency in the county of the proposed patient's 157.4 residence or presence for conduct of a preliminary 157.5 investigation, except when the proposed patient has been 157.6 acquitted of a crime under section 611.026 and the county 157.7 attorney is required to file a petition for commitment. The 157.8 designated agency shall appoint a screening team to conduct an 157.9 investigation. The petitioner may not be a member of the 157.10 screening team. The investigation must include: 157.11 (i) a personal interview with the proposed patient and 157.12 other individuals who appear to have knowledge of the condition 157.13 of the proposed patient. If the proposed patient is not 157.14 interviewed, specific reasons must be documented; 157.15 (ii) identification and investigation of specific alleged 157.16 conduct which is the basis for application; 157.17 (iii) identification, exploration, and listing of the 157.18 specific reasons for rejecting or recommending alternatives to 157.19 involuntary placement; 157.20 (iv) in the case of a commitment based on mental illness, 157.21 the following information, if it is known or available, that may 157.22 be relevant to the administration of neuroleptic medications, 157.23 including the existence of a declaration under section 253B.03, 157.24 subdivision 6d, or a health care directive under chapter 145C or 157.25 a guardian, conservator, proxy, or agent with authority to make 157.26 health care decisions for the proposed patient; information 157.27 regarding the capacity of the proposed patient to make decisions 157.28 regarding administration of neuroleptic medication; and whether 157.29 the proposed patient is likely to consent or refuse consent to 157.30 administration of the medication; 157.31 (v) seeking input from the proposed patient's health plan 157.32 company to provide the court with information about services the 157.33 enrollee needs and the least restrictive alternatives; and 157.34 (vi) in the case of a commitment based on mental illness, 157.35 information listed in clause (iv) for other purposes relevant to 157.36 treatment. 158.1 (b) In conducting the investigation required by this 158.2 subdivision, the screening team shall have access to all 158.3 relevant medical records of proposed patients currently in 158.4 treatment facilities. The interviewer shall inform the proposed 158.5 patient that any information provided by the proposed patient 158.6 may be included in the prepetition screening report and may be 158.7 considered in the commitment proceedings. Data collected 158.8 pursuant to this clause shall be considered private data on 158.9 individuals. The prepetition screening report is not admissible 158.10 as evidence except by agreement of counsel or as permitted by 158.11 this chapter or the rules of court and is not admissible in any 158.12 court proceedings unrelated to the commitment proceedings. 158.13 (c) The prepetition screening team shall provide a notice, 158.14 written in easily understood language, to the proposed patient, 158.15 the petitioner, any victims, persons named in a declaration 158.16 under chapter 145C or section 253B.03, subdivision 6d, and, with 158.17 the proposed patient's consent, other interested parties. The 158.18 team shall ask the patient if the patient wants the notice read 158.19 and shall read the notice to the patient upon request. The 158.20 notice must contain information regarding the process, purpose, 158.21 and legal effects of civil commitment and early intervention. 158.22 The notice must inform the proposed patient that: 158.23 (1) if a petition is filed, the patient has certain rights, 158.24 including the right to a court-appointed attorney, the right to 158.25 request a second examiner, the right to attend hearings, and the 158.26 right to oppose the proceeding and to present and contest 158.27 evidence; and 158.28 (2) if the proposed patient is committed to a state 158.29 regional treatment center or group home, the patient may be 158.30 billed for the cost of care and the state has the right to make 158.31 a claim against the patient's estate for this cost. 158.32 The ombudsman for mental health and mental retardation 158.33 shall develop a form for the notice which includes the 158.34 requirements of this paragraph. 158.35 (d) When the prepetition screening team recommends 158.36 commitment, a written report shall be sent to the county 159.1 attorney for the county in which the petition is to be filed. 159.2 The statement of facts contained in the written report must meet 159.3 the requirements of subdivision 2, paragraph (b). A copy of the 159.4 report must be sent to any victims. 159.5 (e) The prepetition screening team shall refuse to support 159.6 a petition if the investigation does not disclose evidence 159.7 sufficient to support commitment. Notice of the prepetition 159.8 screening team's decision shall be provided to the prospective 159.9 petitioner and to the proposed patient. 159.10 (f) If the interested person wishes to proceed with a 159.11 petition contrary to the recommendation of the prepetition 159.12 screening team, application may be made directly to the county 159.13 attorney, who shall determine whether or not to proceed with the 159.14 petition. Notice of the county attorney's determination shall 159.15 be provided to any victims and to the interested party. 159.16 (g) If the proposed patient has been acquitted of a crime 159.17 under section 611.026, the county attorney shall apply to the 159.18 designated county agency in the county in which the acquittal 159.19 took place for a preliminary investigation unless substantially 159.20 the same information relevant to the proposed patient's current 159.21 mental condition, as could be obtained by a preliminary 159.22 investigation, is part of the court record in the criminal 159.23 proceeding or is contained in the report of a mental examination 159.24 conducted in connection with the criminal proceeding. If a 159.25 court petitions for commitment pursuant to the Rules of Criminal 159.26 or Juvenile Procedure or a county attorney petitions pursuant to 159.27 acquittal of a criminal charge under section 611.026, the 159.28 prepetition investigation, if required by this section, shall be 159.29 completed within seven days after the filing of the petition. 159.30 Sec. 3. Minnesota Statutes 2002, section 253B.07, 159.31 subdivision 4, is amended to read: 159.32 Subd. 4. [PREHEARING EXAMINATION; NOTICE AND SUMMONS 159.33 PROCEDURE.] (a) A summons to appear for a prehearing examination 159.34 and the commitment hearing shall be served upon the proposed 159.35 patient. A plain language notice of the proceedings and notice 159.36 of the filing of the petition shall be given to the proposed 160.1 patient, patient's counsel, the petitioner, any victims, any 160.2 interested person, and any other persons as the court directs. 160.3 (b) The prepetition screening report, the petition, and the 160.4 examiner's supporting statement shall be distributed to the 160.5 petitioner, the proposed patient, the patient's counsel, the 160.6 county attorney, any victims, any person authorized by the 160.7 patient, and any other person as the court directs. 160.8 (c) All papers shall be served personally on the proposed 160.9 patient. Unless otherwise ordered by the court, the notice 160.10 shall be served on the proposed patient by a nonuniformed person. 160.11 Sec. 4. Minnesota Statutes 2002, section 253B.08, 160.12 subdivision 2, is amended to read: 160.13 Subd. 2. [NOTICE OF HEARING.] The proposed patient, 160.14 patient's counsel, the petitioner, the county attorney, any 160.15 victims, and any other persons as the court directs shall be 160.16 given at least five days' notice that a hearing will be held and 160.17 at least two days' notice of the time and date of the hearing, 160.18 except that any person may waive notice. Notice to the proposed 160.19 patient may be waived by patient's counsel. 160.20 Sec. 5. Minnesota Statutes 2002, section 253B.08, 160.21 subdivision 5a, is amended to read: 160.22 Subd. 5a. [WITNESSES.] The proposed patient or the 160.23 patient's counsel and the county attorney may present and 160.24 cross-examine witnesses, including examiners and any victims, at 160.25 the hearing. The court may in its discretion receive the 160.26 testimony of any other person. Opinions of court-appointed 160.27 examiners may not be admitted into evidence unless the examiner 160.28 is present to testify, except by agreement of the parties. 160.29 Sec. 6. Minnesota Statutes 2002, section 253B.16, 160.30 subdivision 2, is amended to read: 160.31 Subd. 2. [NOTIFICATION OF DISCHARGE.] Prior to the 160.32 discharge or provisional discharge of any committed person, the 160.33 head of the treatment facility shall notify the designated 160.34 agency, the victim, and the patient's spouse, or if there is no 160.35 spouse, then an adult child, or if there is none, the next of 160.36 kin of the patient, of the proposed discharge. The notice shall 161.1 be sent to the last known address of the person to be notified 161.2 by certified mail with return receipt. The notice shall include 161.3 the following: (1) the proposed date of discharge or 161.4 provisional discharge; (2) the date, time and place of the 161.5 meeting of the staff who have been treating the patient to 161.6 discuss discharge and discharge planning; (3) the fact that the 161.7 patient will be present at the meeting; (4) the fact that any 161.8 victim may attend that staff meeting and present any information 161.9 relevant to the discharge of the patient, and(4)(5) the fact 161.10 that the next of kin may attend that staff meeting and present 161.11 any information relevant to the discharge of the patient. The 161.12 notice shall be sent at least one week prior to the date set for 161.13 the meeting. 161.14 Sec. 7. Minnesota Statutes 2002, section 253B.18, 161.15 subdivision 4a, is amended to read: 161.16 Subd. 4a. [RELEASE ON PASS; NOTIFICATION.] A patient who 161.17 has been committed as a person who is mentally ill and dangerous 161.18 and who is confined at a secure treatment facility shall not be 161.19 released on a pass unless the pass is part of a pass plan that 161.20 has been approved by the medical director of the secure 161.21 treatment facility. The pass plan must have a specific 161.22 therapeutic purpose consistent with the treatment plan, must be 161.23 established for a specific period of time, and must have 161.24 specific levels of liberty delineated. The county case manager 161.25 must be invited to participate in the development of the pass 161.26 plan. At least ten days prior to a determination on the plan, 161.27 the medical director shall notify the designated agency, the 161.28 committing court, the county attorney of the county of 161.29 commitment, any victims, an interested person, the local law 161.30 enforcement agency in the location where the pass is to occur, 161.31 the petitioner, and the petitioner's counsel of the plan, the 161.32 nature of the passes proposed, and their right to object to the 161.33 plan. If any notified person objects prior to the proposed date 161.34 of implementation, the person shall have an opportunity to 161.35 appear, personally or in writing, before the medical director, 161.36 within ten days of the objection, to present grounds for 162.1 opposing the plan. The pass plan shall not be implemented until 162.2 the objecting person has been furnished that opportunity. 162.3 Nothing in this subdivision shall be construed to give a patient 162.4 an affirmative right to a pass plan. 162.5 Sec. 8. Minnesota Statutes 2002, section 253B.18, 162.6 subdivision 4b, is amended to read: 162.7 Subd. 4b. [PASS-ELIGIBLE STATUS; NOTIFICATION.] The 162.8 following patients committed to a secure treatment facility 162.9 shall not be placed on pass-eligible status unless that status 162.10 has been approved by the medical director of the secure 162.11 treatment facility: 162.12 (a) a patient who has been committed as a person who is 162.13 mentally ill and dangerous and who: 162.14 (1) was found incompetent to proceed to trial for a felony 162.15 or was found not guilty by reason of mental illness of a felony 162.16 immediately prior to the filing of the commitment petition; 162.17 (2) was convicted of a felony immediately prior to or 162.18 during commitment as a person who is mentally ill and dangerous; 162.19 or 162.20 (3) is subject to a commitment to the commissioner of 162.21 corrections; and 162.22 (b) a patient who has been committed as a psychopathic 162.23 personality, a sexually psychopathic personality, or a sexually 162.24 dangerous person. 162.25 At least ten days prior to a determination on the status, 162.26 the medical director shall notify the committing court, the 162.27 county attorney of the county of commitment, the designated 162.28 agency, any victims, an interested person, the petitioner, and 162.29 the petitioner's counsel of the proposed status, and their right 162.30 to request review by the special review board. If within ten 162.31 days of receiving notice any notified person requests review by 162.32 filing a notice of objection with the commissioner and the head 162.33 of the treatment facility, a hearing shall be held before the 162.34 special review board. The proposed status shall not be 162.35 implemented unless it receives a favorable recommendation by a 162.36 majority of the board and approval by the commissioner. The 163.1 order of the commissioner is appealable as provided in section 163.2 253B.19. 163.3 Nothing in this subdivision shall be construed to give a 163.4 patient an affirmative right to seek pass-eligible status from 163.5 the special review board. 163.6 Sec. 9. Minnesota Statutes 2002, section 253B.18, 163.7 subdivision 4c, is amended to read: 163.8 Subd. 4c. [SPECIAL REVIEW BOARD.] (a) The commissioner 163.9 shall establish one or more panels of a special review board for 163.10 persons committed as mentally ill and dangerous to the public. 163.11 The board shall consist of three members experienced in the 163.12 field of mental illness. One member of each special review 163.13 board panel shall be a psychiatrist and one member shall be an 163.14 attorney. No member shall be affiliated with the Department of 163.15 Human Services. The special review board shall meet at least 163.16 every six months and at the call of the commissioner. It shall 163.17 hear and consider all petitions for transfer from a secure 163.18 treatment facility; all petitions for discharge, provisional 163.19 discharge, and revocation of provisional discharge; written 163.20 statements from victims, if any; and make recommendations to the 163.21 commissioner concerningthemthe petitions and statements. 163.22 Patients may be transferred by the commissioner between secure 163.23 treatment facilities without a special review board hearing. 163.24 (b) Members of the special review board shall receive 163.25 compensation and reimbursement for expenses as established by 163.26 the commissioner. 163.27 Sec. 10. Minnesota Statutes 2002, section 253B.18, 163.28 subdivision 5, is amended to read: 163.29 Subd. 5. [PETITION; NOTICE OF HEARING; ATTENDANCE; ORDER.] 163.30 (a) A petition for an order of transfer, discharge, provisional 163.31 discharge, or revocation of provisional discharge shall be filed 163.32 with the commissioner and may be filed by the patient or by the 163.33 head of the treatment facility. A patient may not petition the 163.34 special review board for six months following commitment under 163.35 subdivision 3 or following the final disposition of any previous 163.36 petition and subsequent appeal by the patient. The medical 164.1 director may petition at any time. 164.2 (b) Fourteen days prior to the hearing, the committing 164.3 court, the county attorney of the county of commitment, the 164.4 designated agency, any victims, an interested person, the 164.5 petitioner, and the petitioner's counsel shall be given written 164.6 notice by the commissioner of the time and place of the hearing 164.7 before the special review board. Only those entitled to 164.8 statutory notice of the hearing or those administratively 164.9 required to attend may be present at the hearing. The patient 164.10 may designate interested persons to receive notice by providing 164.11 the names and addresses to the commissioner at least 21 days 164.12 before the hearing. The board shall provide the commissioner 164.13 with written findings of fact and recommendations within 21 days 164.14 of the hearing. The commissioner shall issue an order no later 164.15 than 14 days after receiving the recommendation of the special 164.16 review board. A copy of the order shall be sent by certified 164.17 mail to every person entitled to statutory notice of the hearing 164.18 within five days after it is signed. No order by the 164.19 commissioner shall be effective sooner than 30 days after the 164.20 order is signed, unless the county attorney, the patient, and 164.21 the commissioner agree that it may become effective sooner. 164.22 (c) The special review board shall hold a hearing on each 164.23 petition prior to making its recommendation to the 164.24 commissioner. The special review board proceedings are not 164.25 contested cases as defined in chapter 14. Any person or agency 164.26 receiving notice that submits documentary evidence to the 164.27 special review board prior to the hearing shall also provide 164.28 copies to the patient, the patient's counsel, the county 164.29 attorney of the county of commitment, any victims, the case 164.30 manager, and the commissioner. 164.31 (d) Prior to the final decision by the commissioner, the 164.32 special review board may be reconvened to consider events or 164.33 circumstances that occurred subsequent to the hearing. 164.34 Sec. 11. Minnesota Statutes 2002, section 253B.19, 164.35 subdivision 2, is amended to read: 164.36 Subd. 2. [PETITION; HEARING.] The committed person or the 165.1 county attorney of the county from which a patient was committed 165.2 as a person who is mentally ill and dangerous to the public, or 165.3 as a sexual psychopathic personality or as a sexually dangerous 165.4 person may petition the appeal panel for a rehearing and 165.5 reconsideration of a decision by the commissioner. The petition 165.6 shall be filed with the Supreme Court within 30 days after the 165.7 decision of the commissioner is signed. The Supreme Court shall 165.8 refer the petition to the chief judge of the appeal panel. The 165.9 chief judge shall notify the patient, the county attorney of the 165.10 county of commitment, the designated agency, the commissioner, 165.11 the head of the treatment facility, any victims, any interested 165.12 person, and other persons the chief judge designates, of the 165.13 time and place of the hearing on the petition. The notice shall 165.14 be given at least 14 days prior to the date of the hearing. The 165.15 hearing shall be within 45 days of the filing of the petition 165.16 unless an extension is granted for good cause. Any person may 165.17 oppose the petition. The appeal panel may appoint examiners and 165.18 may adjourn the hearing from time to time. It shall hear and 165.19 receive all relevant testimony and evidence and make a record of 165.20 all proceedings. The patient, patient's counsel, and the county 165.21 attorney of the committing county may be present and present and 165.22 cross-examine all witnesses. The petitioning party bears the 165.23 burden of going forward with the evidence. The party opposing 165.24 discharge bears the burden of proof by clear and convincing 165.25 evidence that the respondent is in need of commitment. 165.26 Sec. 12. Minnesota Statutes 2002, section 253B.20, 165.27 subdivision 3, is amended to read: 165.28 Subd. 3. [NOTICE TO DESIGNATED AGENCY AND VICTIMS.] The 165.29 head of the treatment facility, upon the provisional discharge 165.30 of any committed person, shall notify any victims and the 165.31 designated agency before the patient leaves the treatment 165.32 facility. Whenever possiblethenotice shall be given at least 165.33 one week before the patient is to leave the facility. 165.34 Sec. 13. Minnesota Statutes 2002, section 611A.02, 165.35 subdivision 2, is amended to read: 165.36 Subd. 2. [VICTIMS' RIGHTS.] (a) The Crime Victim and 166.1 Witness Advisory Council shall develop two model notices of the 166.2 rights of crime victims. 166.3 (b) The initial notice of the rights of crime victims must 166.4 be distributed by a peace officer to each victim, as defined in 166.5 section 611A.01, at the time of initial contact with the 166.6 victim. The notice must inform a victim of: 166.7 (1) the victim's right to apply for reparations to cover 166.8 losses, not including property losses, resulting from a violent 166.9 crime and the telephone number to call to request an 166.10 application; 166.11 (2) the victim's right to request that the law enforcement 166.12 agency withhold public access to data revealing the victim's 166.13 identity under section 13.82, subdivision 17, paragraph (d); 166.14 (3) the additional rights of domestic abuse victims as 166.15 described in section 629.341; 166.16 (4) information on the nearest crime victim assistance 166.17 program or resource;and166.18 (5) the victim's rights, if an offender is charged, to be 166.19 informed of and participate in the prosecution process, 166.20 including the right to request restitution; and 166.21 (6) the victim's rights, if an offender is committed under 166.22 section 253B.185 or 253B.19, to be informed of and participate 166.23 in hearings or other proceedings to consider release or 166.24 discharge from commitment. 166.25 (c) A supplemental notice of the rights of crime victims 166.26 must be distributed by the city or county attorney's office to 166.27 each victim, within a reasonable time after the offender is 166.28 charged or petitioned. This notice must inform a victim of all 166.29 the rights of crime victims under this chapter.