HF 2061

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; public safety; 
  1.3             authorizing and appropriating money for the use of 
  1.4             polygraphic examinations for sex offenders under 
  1.5             community supervision; requesting the development by 
  1.6             the courts of a protocol for the use of these 
  1.7             examinations; appropriating money; proposing coding 
  1.8             for new law in Minnesota Statutes, chapter 609.  
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [609.3455] [USE OF POLYGRAPHS FOR SEX OFFENDERS 
  1.11  ON PROBATION OR CONDITIONAL RELEASE.] 
  1.12     (a) A court may order as an intermediate sanction under 
  1.13  section 609.135 and the commissioner of corrections may order as 
  1.14  a condition of release under section 244.05, 609.108, or 609.109 
  1.15  that an offender under supervision for a sex offense submit to 
  1.16  polygraphic examinations to ensure compliance with the terms of 
  1.17  probation or conditions of release.  
  1.18     (b) The court or commissioner may order the offender to pay 
  1.19  all or a portion of the costs of the examinations.  The fee may 
  1.20  be waived if the offender is indigent or if payment would result 
  1.21  in an economic hardship to the offender's immediate family.  
  1.22     Sec. 2.  [PROTOCOL ON USE OF POLYGRAPHS.] 
  1.23     By September 1, 2004, the chief justice of the Supreme 
  1.24  Court, in consultation with the Conference of Chief Judges, is 
  1.25  requested to develop a protocol for the use of polygraphic 
  1.26  examinations for sex offenders placed on probation under 
  1.27  Minnesota Statutes, section 609.3455.  This protocol shall be 
  2.1   distributed to judges across the state.  
  2.2      Sec. 3.  [APPROPRIATIONS.] 
  2.3      Subdivision 1.  [CORRECTIONS.] $....... is appropriated 
  2.4   from the general fund to the commissioner of corrections for the 
  2.5   fiscal year ending June 30, 2005, for the polygraphic 
  2.6   examinations detailed in Minnesota Statutes, section 609.3455.  
  2.7      Subd. 2.  [STATE COURT ADMINISTRATOR.] $....... is 
  2.8   appropriated from the general fund to the state court 
  2.9   administrator for the fiscal year ending June 30, 2005, for the 
  2.10  polygraphic examinations detailed in Minnesota Statutes, section 
  2.11  609.3455.  
  2.12     Sec. 4.  [EFFECTIVE DATE.] 
  2.13     Sections 1 and 2 are effective the day following final 
  2.14  enactment.