HF 2308

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to criminal justice and public safety; 
  1.3             providing a life penalty for most first degree 
  1.4             criminal sexual conduct crimes; creating indeterminate 
  1.5             sentences and mandatory life sentences for second 
  1.6             degree criminal sexual conduct and certain third and 
  1.7             fourth degree criminal sexual conduct crimes; creating 
  1.8             a criminal sexual predatory conduct crime; 
  1.9             establishing minimum sentences for certain sex 
  1.10            offenses; establishing the Minnesota Sex Offender 
  1.11            Review Board; providing procedures for operation of 
  1.12            the review board; specifying when an offender may 
  1.13            petition for conditional release; directing the 
  1.14            Sentencing Guidelines Commission to assess risk levels 
  1.15            and presumptive sentences for certain offenses; 
  1.16            requiring the commissioner of corrections to establish 
  1.17            criteria and procedures for reviewing offenders' 
  1.18            petitions for release; specifying that the Open 
  1.19            Meeting Law does not apply to meetings and hearings of 
  1.20            the Minnesota Sex Offender Review Board; instructing 
  1.21            the revisor to renumber various statutes; repealing 
  1.22            various laws pertaining to sex offenders; making 
  1.23            various technical and conforming changes; providing 
  1.24            criminal penalties; amending Minnesota Statutes 2002, 
  1.25            sections 13D.01, subdivision 2; 241.67, subdivision 3; 
  1.26            243.166, subdivision 1; 244.05, subdivisions 1, 3, 4, 
  1.27            5, 6, 7; 244.052, subdivision 3; 244.195, subdivision 
  1.28            1; 253B.185, subdivision 2; 401.01, subdivision 2; 
  1.29            609.117, subdivisions 1, 2; 609.1351; 609.341, by 
  1.30            adding subdivisions; 609.342; 609.343; 609.344; 
  1.31            609.345; 609.3452, subdivision 4; 609.347; 609.3471; 
  1.32            609.348; 609.353; 631.045; proposing coding for new 
  1.33            law in Minnesota Statutes, chapters 244; 609; 
  1.34            repealing Minnesota Statutes 2002, sections 609.108; 
  1.35            609.109. 
  1.36  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.37                             ARTICLE 1 
  1.38                 SEX OFFENDER SENTENCING PROVISIONS
  1.39     Section 1.  [LEGISLATIVE FINDINGS AND PURPOSE.] 
  1.40     The legislature finds that sex offenders pose a significant 
  2.1   threat to public safety, are unique in their psychological 
  2.2   makeup, and are particularly likely to continue to be dangerous 
  2.3   after their release from imprisonment.  The legislature also 
  2.4   finds that sex offenders inflict long-standing psychological 
  2.5   harm on their victims and significantly undermine victim and 
  2.6   community safety to a greater extent than most other criminal 
  2.7   offenses.  Based on these findings, the legislature believes sex 
  2.8   offenders need long-term supervision and treatment beyond that 
  2.9   provided other offenders.  The legislature further believes this 
  2.10  type of supervision and treatment is best provided in a secure 
  2.11  correctional facility and public safety warrants the use of 
  2.12  state resources for this purpose. 
  2.13     The legislature's purpose in enacting this legislation is 
  2.14  to provide courts and corrections and treatment professionals 
  2.15  with the tools necessary to protect public safety through use of 
  2.16  longer, more flexible sentences than currently provided by law.  
  2.17  The legislature intends that a sex offender's past and future 
  2.18  dangerousness be considered both in sentencing and release 
  2.19  decisions. 
  2.20     Sec. 2.  [244.048] [DEFINITIONS.] 
  2.21     For the purpose of sections 244.05 to 244.0515, the 
  2.22  following terms have the meanings given them, unless otherwise 
  2.23  noted. 
  2.24     (a) "Conditional release" means the release of an inmate 
  2.25  subject to conditions, as described in sections 244.0514 and 
  2.26  609.3459.  
  2.27     (b) "First eligible for release" has the meaning given in 
  2.28  section 609.341, subdivision 23.  
  2.29     (c) "Minimum term of imprisonment" has the meaning given in 
  2.30  section 609.341, subdivision 24.  
  2.31     (d) "Sex offense" has the meaning given in section 609.341, 
  2.32  subdivision 26. 
  2.33     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  2.34  and applies to crimes committed on or after that date. 
  2.35     Sec. 3.  Minnesota Statutes 2002, section 244.05, 
  2.36  subdivision 1, is amended to read: 
  3.1      Subdivision 1.  [SUPERVISED RELEASE REQUIRED.] Except as 
  3.2   provided in subdivisions 1b, 4, and 5, and section 244.0514, 
  3.3   every inmate shall serve a supervised release term upon 
  3.4   completion of the inmate's term of imprisonment as reduced by 
  3.5   any good time earned by the inmate or extended by confinement in 
  3.6   punitive segregation pursuant to section 244.04, subdivision 2.  
  3.7   Except for a sex offender conditionally released under section 
  3.8   609.108, subdivision 5 609.3459, the supervised release term 
  3.9   shall be equal to the period of good time the inmate has earned, 
  3.10  and shall not exceed the length of time remaining in the 
  3.11  inmate's sentence. 
  3.12     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  3.13  and applies to crimes committed on or after that date. 
  3.14     Sec. 4.  Minnesota Statutes 2002, section 244.05, 
  3.15  subdivision 4, is amended to read: 
  3.16     Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
  3.17  serving a mandatory life sentence under section 609.106 must not 
  3.18  be given supervised release under this section.  An inmate 
  3.19  serving a mandatory life sentence under section 609.185, clause 
  3.20  (1), (3), (5), or (6); or 609.109, subdivision 2a, must not be 
  3.21  given supervised release under this section without having 
  3.22  served a minimum term of 30 years.  An inmate serving a 
  3.23  mandatory life sentence under section 609.385 must not be given 
  3.24  supervised release under this section without having served a 
  3.25  minimum term of imprisonment of 17 years. 
  3.26     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  3.27  and applies to crimes committed on or after that date. 
  3.28     Sec. 5.  Minnesota Statutes 2002, section 244.05, 
  3.29  subdivision 5, is amended to read: 
  3.30     Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
  3.31  commissioner of corrections may, under rules promulgated by the 
  3.32  commissioner, give supervised release to an inmate serving a 
  3.33  mandatory life sentence under section 609.185, clause (1), (3), 
  3.34  (5), or (6); 609.109, subdivision 2a; or 609.385 after the 
  3.35  inmate has served the minimum term of imprisonment specified in 
  3.36  subdivision 4. 
  4.1      (b) The commissioner shall require the preparation of a 
  4.2   community investigation report and shall consider the findings 
  4.3   of the report when making a supervised release decision under 
  4.4   this subdivision or a conditional release decision under section 
  4.5   244.0514.  The report shall reflect the sentiment of the various 
  4.6   elements of the community toward the inmate, both at the time of 
  4.7   the offense and at the present time.  The report shall include 
  4.8   the views of the sentencing judge, the prosecutor, any law 
  4.9   enforcement personnel who may have been involved in the case, 
  4.10  and any successors to these individuals who may have information 
  4.11  relevant to the supervised release or conditional release 
  4.12  decision.  The report shall also include the views of the victim 
  4.13  and the victim's family unless the victim or the victim's family 
  4.14  chooses not to participate.  The commissioner must submit the 
  4.15  report required by this paragraph to the Minnesota Sex Offender 
  4.16  Review Board described in section 244.0515 at least six months 
  4.17  before the inmate is first eligible for release. 
  4.18     (c) The commissioner shall make reasonable efforts to 
  4.19  notify the victim, in advance, of the time and place of the 
  4.20  inmate's supervised release review hearing.  The victim has a 
  4.21  right to submit an oral or written statement at the review 
  4.22  hearing.  The statement may summarize the harm suffered by the 
  4.23  victim as a result of the crime and give the victim's 
  4.24  recommendation on whether the inmate should be given supervised 
  4.25  release at this time.  The commissioner must consider the 
  4.26  victim's statement when making the supervised release decision. 
  4.27     (d) As used in this subdivision, "victim" means the 
  4.28  individual who suffered harm as a result of the inmate's crime 
  4.29  or, if the individual is deceased, the deceased's surviving 
  4.30  spouse or next of kin. 
  4.31     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  4.32  and applies to crimes committed on or after that date. 
  4.33     Sec. 6.  Minnesota Statutes 2002, section 244.05, 
  4.34  subdivision 6, is amended to read: 
  4.35     Subd. 6.  [INTENSIVE SUPERVISED RELEASE.] The commissioner 
  4.36  may order that an inmate be placed on intensive supervised 
  5.1   release for all or part of the inmate's supervised release or 
  5.2   parole term if the commissioner determines that the action will 
  5.3   further the goals described in section 244.14, subdivision 1, 
  5.4   clauses (2), (3), and (4).  In addition, the commissioner may 
  5.5   order that an inmate be placed on intensive supervised release 
  5.6   for all of the inmate's conditional or supervised release term 
  5.7   if the inmate was convicted of a sex offense under sections 
  5.8   609.342 to 609.345 or was sentenced under the provisions of 
  5.9   section 609.108 609.3453.  The commissioner may impose 
  5.10  appropriate conditions of release on the inmate including but 
  5.11  not limited to unannounced searches of the inmate's person, 
  5.12  vehicle, or premises by an intensive supervision agent; 
  5.13  compliance with court-ordered restitution, if any; random drug 
  5.14  testing; house arrest; daily curfews; frequent face-to-face 
  5.15  contacts with an assigned intensive supervision agent; work, 
  5.16  education, or treatment requirements; and electronic 
  5.17  surveillance.  In addition, any sex offender placed on intensive 
  5.18  supervised release may be ordered to participate in an 
  5.19  appropriate sex offender program as a condition of release.  If 
  5.20  the inmate violates the conditions of the intensive supervised 
  5.21  release, the commissioner shall impose sanctions as provided in 
  5.22  subdivision 3 and section 609.108 244.0514.  
  5.23     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  5.24  and applies to crimes committed on or after that date. 
  5.25     Sec. 7.  Minnesota Statutes 2002, section 244.05, 
  5.26  subdivision 7, is amended to read: 
  5.27     Subd. 7.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 
  5.28  (a) Before the commissioner releases from prison any inmate who 
  5.29  has ever been convicted of a felony under sections section 
  5.30  609.342 to, 609.343, 609.344, 609.345, or 609.3453 or sentenced 
  5.31  as a patterned offender under section 609.108, and determined by 
  5.32  the commissioner to be in a high risk category, the commissioner 
  5.33  shall make a preliminary determination whether, in the 
  5.34  commissioner's opinion, a petition under section 253B.185 may be 
  5.35  appropriate.  
  5.36     (b) In making this decision, the commissioner shall have 
  6.1   access to the following data only for the purposes of the 
  6.2   assessment and referral decision: 
  6.3      (1) private medical data under section 13.384 or 144.335, 
  6.4   or welfare data under section 13.46 that relate to medical 
  6.5   treatment of the offender; 
  6.6      (2) private and confidential court services data under 
  6.7   section 13.84; 
  6.8      (3) private and confidential corrections data under section 
  6.9   13.85; and 
  6.10     (4) private criminal history data under section 13.87. 
  6.11     (c) If the commissioner determines that a petition may be 
  6.12  appropriate, the commissioner shall forward this determination, 
  6.13  along with a summary of the reasons for the determination, to 
  6.14  the county attorney in the county where the inmate was convicted 
  6.15  no later than 12 months before the inmate's release date.  If 
  6.16  the inmate is received for incarceration with fewer than 12 
  6.17  months remaining in the inmate's term of imprisonment, or if the 
  6.18  commissioner receives additional information less than 12 months 
  6.19  before release which makes the inmate's case appropriate for 
  6.20  referral, the commissioner shall forward the determination as 
  6.21  soon as is practicable.  Upon receiving the commissioner's 
  6.22  preliminary determination, the county attorney shall proceed in 
  6.23  the manner provided in section 253B.185.  The commissioner shall 
  6.24  release to the county attorney all requested documentation 
  6.25  maintained by the department.  
  6.26     (d) This subdivision does not apply to an inmate sentenced 
  6.27  to a mandatory life sentence under section 609.3455 after August 
  6.28  1, 2004. 
  6.29     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  6.30  and applies to crimes committed on or after that date. 
  6.31     Sec. 8.  [244.0514] [CONDITIONAL RELEASE TERM FOR SEX 
  6.32  OFFENSES.] 
  6.33     Subdivision 1.  [CONDITIONAL RELEASE REQUIRED.] Except as 
  6.34  provided in subdivision 3, every inmate sentenced for a sex 
  6.35  offense shall serve a conditional release term as provided in 
  6.36  section 609.3459 upon the person's release from a state 
  7.1   correctional facility. 
  7.2      Subd. 2.  [RELATIONSHIP TO SUPERVISED RELEASE.] Except as 
  7.3   otherwise provided in this section and sections 244.0515 and 
  7.4   609.3459, the provisions related to supervised release in 
  7.5   section 244.05 apply to inmates sentenced to conditional release.
  7.6      Subd. 3.  [MINIMUM IMPRISONMENT; LIFE SENTENCE.] An inmate 
  7.7   serving a mandatory life sentence under section 609.342, 
  7.8   subdivision 2, must not be given supervised release under this 
  7.9   section unless the inmate is serving an indeterminate sentence 
  7.10  under sections 609.342, subdivision 3, and 609.3455.  An inmate 
  7.11  serving a mandatory life sentence under section 609.3455 must 
  7.12  not be given conditional release under this section without 
  7.13  having first served the minimum term of imprisonment specified 
  7.14  by the court under section 609.3455, subdivision 2. 
  7.15     Subd. 4.  [CONDITIONAL RELEASE; LIFE SENTENCE.] The 
  7.16  Minnesota Sex Offender Review Board established in section 
  7.17  244.0515 may give conditional release to an inmate serving a 
  7.18  mandatory life sentence under section 609.3455 after the inmate 
  7.19  has served the minimum term of imprisonment specified in 
  7.20  subdivision 3.  The terms of conditional release are governed by 
  7.21  this section and section 609.3459. 
  7.22     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  7.23  and applies to crimes committed on or after that date. 
  7.24     Sec. 9.  Minnesota Statutes 2002, section 244.052, 
  7.25  subdivision 3, is amended to read: 
  7.26     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
  7.27  commissioner of corrections shall establish and administer 
  7.28  end-of-confinement review committees at each state correctional 
  7.29  facility and at each state treatment facility where predatory 
  7.30  offenders are confined.  The committees shall assess on a 
  7.31  case-by-case basis the public risk posed by predatory offenders 
  7.32  who are about to be released from confinement. 
  7.33     (b) Each committee shall be a standing committee and shall 
  7.34  consist of the following members appointed by the commissioner: 
  7.35     (1) the chief executive officer or head of the correctional 
  7.36  or treatment facility where the offender is currently confined, 
  8.1   or that person's designee; 
  8.2      (2) a law enforcement officer; 
  8.3      (3) a treatment professional who is trained in the 
  8.4   assessment of sex offenders; 
  8.5      (4) a caseworker experienced in supervising sex offenders; 
  8.6   and 
  8.7      (5) a victim's services professional. 
  8.8      Members of the committee, other than the facility's chief 
  8.9   executive officer or head, shall be appointed by the 
  8.10  commissioner to two-year terms.  The chief executive officer or 
  8.11  head of the facility or designee shall act as chair of the 
  8.12  committee and shall use the facility's staff, as needed, to 
  8.13  administer the committee, obtain necessary information from 
  8.14  outside sources, and prepare risk assessment reports on 
  8.15  offenders. 
  8.16     (c) The committee shall have access to the following data 
  8.17  on a predatory offender only for the purposes of its assessment 
  8.18  and to defend the committee's risk assessment determination upon 
  8.19  administrative review under this section: 
  8.20     (1) private medical data under section 13.384 or 144.335, 
  8.21  or welfare data under section 13.46 that relate to medical 
  8.22  treatment of the offender; 
  8.23     (2) private and confidential court services data under 
  8.24  section 13.84; 
  8.25     (3) private and confidential corrections data under section 
  8.26  13.85; and 
  8.27     (4) private criminal history data under section 13.87. 
  8.28     Data collected and maintained by the committee under this 
  8.29  paragraph may not be disclosed outside the committee, except as 
  8.30  provided under section 13.05, subdivision 3 or 4.  The predatory 
  8.31  offender has access to data on the offender collected and 
  8.32  maintained by the committee, unless the data are confidential 
  8.33  data received under this paragraph. 
  8.34     (d)(i) Except as otherwise provided in item items (ii), 
  8.35  (iii), and (iv), at least 90 days before a predatory offender is 
  8.36  to be released from confinement, the commissioner of corrections 
  9.1   shall convene the appropriate end-of-confinement review 
  9.2   committee for the purpose of assessing the risk presented by the 
  9.3   offender and determining the risk level to which the offender 
  9.4   shall be assigned under paragraph (e).  The offender and the law 
  9.5   enforcement agency that was responsible for the charge resulting 
  9.6   in confinement shall be notified of the time and place of the 
  9.7   committee's meeting.  The offender has a right to be present and 
  9.8   be heard at the meeting.  The law enforcement agency may provide 
  9.9   material in writing that is relevant to the offender's risk 
  9.10  level to the chair of the committee.  The committee shall use 
  9.11  the risk factors described in paragraph (g) and the risk 
  9.12  assessment scale developed under subdivision 2 to determine the 
  9.13  offender's risk assessment score and risk level.  Offenders 
  9.14  scheduled for release from confinement shall be assessed by the 
  9.15  committee established at the facility from which the offender is 
  9.16  to be released.  
  9.17     (ii) If an offender is received for confinement in a 
  9.18  facility with less than 90 days remaining in the offender's term 
  9.19  of confinement, the offender's risk shall be assessed at the 
  9.20  first regularly scheduled end of confinement review committee 
  9.21  that convenes after the appropriate documentation for the risk 
  9.22  assessment is assembled by the committee.  The commissioner 
  9.23  shall make reasonable efforts to ensure that offender's risk is 
  9.24  assessed and a risk level is assigned or reassigned at least 30 
  9.25  days before the offender's release date. 
  9.26     (iii) If the offender is subject to an indeterminate 
  9.27  sentence under section 609.3455, the commissioner of corrections 
  9.28  shall convene the appropriate end-of-confinement review 
  9.29  committee at least nine months before the offender is first 
  9.30  eligible for release.  If the offender is received for 
  9.31  confinement in a facility with less than nine months remaining 
  9.32  before the offender is first eligible for release, the committee 
  9.33  shall conform its procedures to those outlined in item (ii) to 
  9.34  the extent practicable.  
  9.35     (iv) If the predatory offender is granted conditional 
  9.36  release under section 244.0515, the commissioner of corrections 
 10.1   shall notify the appropriate end-of-confinement review committee 
 10.2   that it needs to review the offender's previously determined 
 10.3   risk level at its next regularly scheduled meeting.  The 
 10.4   commissioner shall make reasonable efforts to ensure that the 
 10.5   offender's earlier risk level determination is reviewed and the 
 10.6   risk level is confirmed or reassigned at least 60 days before 
 10.7   the offender's release date.  The committee shall give the 
 10.8   report to the offender and to the law enforcement agency at 
 10.9   least 60 days before an offender is released from confinement.  
 10.10     (e) The committee shall assign to risk level I a predatory 
 10.11  offender whose risk assessment score indicates a low risk of 
 10.12  reoffense.  The committee shall assign to risk level II an 
 10.13  offender whose risk assessment score indicates a moderate risk 
 10.14  of reoffense.  The committee shall assign to risk level III an 
 10.15  offender whose risk assessment score indicates a high risk of 
 10.16  reoffense. 
 10.17     (f) Before the predatory offender is released from 
 10.18  confinement, the committee shall prepare a risk assessment 
 10.19  report which specifies the risk level to which the offender has 
 10.20  been assigned and the reasons underlying the committee's risk 
 10.21  assessment decision.  Except for an offender subject to an 
 10.22  indeterminate sentence under section 609.3455 who has not been 
 10.23  granted conditional release by the Minnesota Sex Offender Review 
 10.24  Board, the committee shall give the report to the offender and 
 10.25  to the law enforcement agency at least 60 days before an 
 10.26  offender is released from confinement.  If the offender is 
 10.27  subject to an indeterminate sentence and has not yet served the 
 10.28  entire minimum term of imprisonment, the committee shall give 
 10.29  the report to the offender and to the commissioner at least six 
 10.30  months before the offender is first eligible for release.  If 
 10.31  the risk assessment is performed under the circumstances 
 10.32  described in paragraph (d), item (ii), the report shall be given 
 10.33  to the offender and the law enforcement agency as soon as it is 
 10.34  available.  The committee also shall inform the offender of the 
 10.35  availability of review under subdivision 6. 
 10.36     (g) As used in this subdivision, "risk factors" includes, 
 11.1   but is not limited to, the following factors: 
 11.2      (1) the seriousness of the offense should the offender 
 11.3   reoffend.  This factor includes consideration of the following:  
 11.4      (i) the degree of likely force or harm; 
 11.5      (ii) the degree of likely physical contact; and 
 11.6      (iii) the age of the likely victim; 
 11.7      (2) the offender's prior offense history.  This factor 
 11.8   includes consideration of the following: 
 11.9      (i) the relationship of prior victims to the offender; 
 11.10     (ii) the number of prior offenses or victims; 
 11.11     (iii) the duration of the offender's prior offense history; 
 11.12     (iv) the length of time since the offender's last prior 
 11.13  offense while the offender was at risk to commit offenses; and 
 11.14     (v) the offender's prior history of other antisocial acts; 
 11.15     (3) the offender's characteristics.  This factor includes 
 11.16  consideration of the following:  
 11.17     (i) the offender's response to prior treatment efforts; and 
 11.18     (ii) the offender's history of substance abuse; 
 11.19     (4) the availability of community supports to the offender. 
 11.20  This factor includes consideration of the following: 
 11.21     (i) the availability and likelihood that the offender will 
 11.22  be involved in therapeutic treatment; 
 11.23     (ii) the availability of residential supports to the 
 11.24  offender, such as a stable and supervised living arrangement in 
 11.25  an appropriate location; 
 11.26     (iii) the offender's familial and social relationships, 
 11.27  including the nature and length of these relationships and the 
 11.28  level of support that the offender may receive from these 
 11.29  persons; and 
 11.30     (iv) the offender's lack of education or employment 
 11.31  stability; 
 11.32     (5) whether the offender has indicated or credible evidence 
 11.33  in the record indicates that the offender will reoffend if 
 11.34  released into the community; and 
 11.35     (6) whether the offender demonstrates a physical condition 
 11.36  that minimizes the risk of reoffense, including but not limited 
 12.1   to, advanced age or a debilitating illness or physical condition.
 12.2      (h) Upon the request of the law enforcement agency or the 
 12.3   offender's corrections agent, the commissioner may reconvene the 
 12.4   end-of-confinement review committee for the purpose of 
 12.5   reassessing the risk level to which an offender has been 
 12.6   assigned under paragraph (e).  In a request for a reassessment, 
 12.7   the law enforcement agency which was responsible for the charge 
 12.8   resulting in confinement or agent shall list the facts and 
 12.9   circumstances arising after the initial assignment or facts and 
 12.10  circumstances known to law enforcement or the agent but not 
 12.11  considered by the committee under paragraph (e) which support 
 12.12  the request for a reassessment.  The request for reassessment by 
 12.13  the law enforcement agency must occur within 30 days of receipt 
 12.14  of the report indicating the offender's risk level assignment.  
 12.15  The offender's corrections agent, in consultation with the chief 
 12.16  law enforcement officer in the area where the offender resides 
 12.17  or intends to reside, may request a review of a risk level at 
 12.18  any time if substantial evidence exists that the offender's risk 
 12.19  level should be reviewed by an end-of-confinement review 
 12.20  committee.  This evidence includes, but is not limited to, 
 12.21  evidence of treatment failures or completions, evidence of 
 12.22  exceptional crime-free community adjustment or lack of 
 12.23  appropriate adjustment, evidence of substantial community need 
 12.24  to know more about the offender or mitigating circumstances that 
 12.25  would narrow the proposed scope of notification, or other 
 12.26  practical situations articulated and based in evidence of the 
 12.27  offender's behavior while under supervision.  Upon review of the 
 12.28  request, the end-of-confinement review committee may reassign an 
 12.29  offender to a different risk level.  If the offender is 
 12.30  reassigned to a higher risk level, the offender has the right to 
 12.31  seek review of the committee's determination under subdivision 6.
 12.32     (i) An offender may request the end-of-confinement review 
 12.33  committee to reassess the offender's assigned risk level after 
 12.34  three years have elapsed since the committee's initial risk 
 12.35  assessment and may renew the request once every two years 
 12.36  following subsequent denials.  In a request for reassessment, 
 13.1   the offender shall list the facts and circumstances which 
 13.2   demonstrate that the offender no longer poses the same degree of 
 13.3   risk to the community.  In order for a request for a risk level 
 13.4   reduction to be granted, the offender must demonstrate full 
 13.5   compliance with supervised release conditions, completion of 
 13.6   required post-release treatment programming, and full compliance 
 13.7   with all registration requirements as detailed in section 
 13.8   243.166.  The offender must also not have been convicted of any 
 13.9   felony, gross misdemeanor, or misdemeanor offenses subsequent to 
 13.10  the assignment of the original risk level.  The committee shall 
 13.11  follow the process outlined in paragraphs (a) to (c) in the 
 13.12  reassessment.  An offender who is incarcerated may not request a 
 13.13  reassessment under this paragraph. 
 13.14     (j) Offenders returned to prison as release violators shall 
 13.15  not have a right to a subsequent risk reassessment by the 
 13.16  end-of-confinement review committee unless substantial evidence 
 13.17  indicates that the offender's risk to the public has increased. 
 13.18     (k) The commissioner shall establish an end-of-confinement 
 13.19  review committee to assign a risk level to offenders who are 
 13.20  released from a federal correctional facility in Minnesota or 
 13.21  another state and who intend to reside in Minnesota, and to 
 13.22  offenders accepted from another state under a reciprocal 
 13.23  agreement for parole supervision under the interstate compact 
 13.24  authorized by section 243.16.  The committee shall make 
 13.25  reasonable efforts to conform to the same timelines as applied 
 13.26  to Minnesota cases.  Offenders accepted from another state under 
 13.27  a reciprocal agreement for probation supervision are not 
 13.28  assigned a risk level, but are considered downward dispositional 
 13.29  departures.  The probation or court services officer and law 
 13.30  enforcement officer shall manage such cases in accordance with 
 13.31  section 244.10, subdivision 2a.  The policies and procedures of 
 13.32  the committee for federal offenders and interstate compact cases 
 13.33  must be in accordance with all requirements as set forth in this 
 13.34  section, unless restrictions caused by the nature of federal or 
 13.35  interstate transfers prevents such conformance. 
 13.36     (l) If the committee assigns a predatory offender to risk 
 14.1   level III, the committee shall determine whether residency 
 14.2   restrictions shall be included in the conditions of the 
 14.3   offender's release based on the offender's pattern of offending 
 14.4   behavior. 
 14.5      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 14.6   and applies to crimes committed on or after that date. 
 14.7      Sec. 10.  Minnesota Statutes 2002, section 609.1351, is 
 14.8   amended to read: 
 14.9      609.1351 [PETITION FOR CIVIL COMMITMENT.] 
 14.10     When a court sentences a person under section 609.108, 
 14.11  609.342, 609.343, 609.344, or 609.345, or 609.3453, the court 
 14.12  shall make a preliminary determination whether in the court's 
 14.13  opinion a petition under section 253B.185 may be appropriate and 
 14.14  include the determination as part of the sentencing order.  If 
 14.15  the court determines that a petition may be appropriate, the 
 14.16  court shall forward its preliminary determination along with 
 14.17  supporting documentation to the county attorney.  
 14.18     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 14.19  and applies to crimes committed on or after that date. 
 14.20     Sec. 11.  Minnesota Statutes 2002, section 609.341, is 
 14.21  amended by adding a subdivision to read: 
 14.22     Subd. 22.  [CONDITIONAL RELEASE.] "Conditional release" has 
 14.23  the meaning given in section 244.048, paragraph (b). 
 14.24     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 14.25  and applies to crimes committed on or after that date. 
 14.26     Sec. 12.  Minnesota Statutes 2002, section 609.341, is 
 14.27  amended by adding a subdivision to read: 
 14.28     Subd. 23.  [FIRST ELIGIBLE FOR RELEASE.] "First eligible 
 14.29  for release" means the day after the offender has served the 
 14.30  entire minimum term of imprisonment, plus any disciplinary time 
 14.31  imposed by the commissioner of corrections. 
 14.32     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 14.33  and applies to crimes committed on or after that date. 
 14.34     Sec. 13.  Minnesota Statutes 2002, section 609.341, is 
 14.35  amended by adding a subdivision to read: 
 14.36     Subd. 24.  [MINIMUM TERM OF IMPRISONMENT.] "Minimum term of 
 15.1   imprisonment" means the minimum length of time an offender is 
 15.2   incarcerated for a sentence imposed under section 609.3455.  The 
 15.3   minimum term of imprisonment is equal to two-thirds of the 
 15.4   sentence length called for by the presumptive sentence under the 
 15.5   appropriate cell of the sentencing guidelines grid, plus any 
 15.6   disciplinary time imposed by the commissioner of corrections. 
 15.7      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 15.8   and applies to crimes committed on or after that date. 
 15.9      Sec. 14.  Minnesota Statutes 2002, section 609.341, is 
 15.10  amended by adding a subdivision to read: 
 15.11     Subd. 25.  [PREDATORY CRIME.] "Predatory crime" means any 
 15.12  felony violation of, or felony attempt to violate, section 
 15.13  609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 
 15.14  609.223; 609.24; 609.245; 609.25; 609.255; 609.365; or 609.582, 
 15.15  subdivision 1. 
 15.16     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 15.17  and applies to crimes committed on or after that date. 
 15.18     Sec. 15.  Minnesota Statutes 2002, section 609.341, is 
 15.19  amended by adding a subdivision to read: 
 15.20     Subd. 26.  [SEX OFFENSE.] Unless otherwise provided, "sex 
 15.21  offense" means any violation of, or attempt to violate, section 
 15.22  609.342, 609.343, 609.344, 609.345, or 609.3453, or any similar 
 15.23  statute of the United States or any other state. 
 15.24     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 15.25  and applies to crimes committed on or after that date. 
 15.26     Sec. 16.  Minnesota Statutes 2002, section 609.342, is 
 15.27  amended to read: 
 15.28     609.342 [CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.] 
 15.29     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 15.30  sexual penetration with another person, or in sexual contact 
 15.31  with a person under 13 years of age as defined in section 
 15.32  609.341, subdivision 11, paragraph (c), is guilty of criminal 
 15.33  sexual conduct in the first degree if any of the following 
 15.34  circumstances exists: 
 15.35     (a) the complainant is under 13 years of age and the actor 
 15.36  is more than 36 months older than the complainant.  Neither 
 16.1   mistake as to the complainant's age nor consent to the act by 
 16.2   the complainant is a defense; 
 16.3      (b) the complainant is at least 13 years of age but less 
 16.4   than 16 years of age and the actor is more than 48 months older 
 16.5   than the complainant and in a position of authority over the 
 16.6   complainant.  Neither mistake as to the complainant's age nor 
 16.7   consent to the act by the complainant is a defense; 
 16.8      (c) circumstances existing at the time of the act cause the 
 16.9   complainant to have a reasonable fear of imminent great bodily 
 16.10  harm to the complainant or another; 
 16.11     (d) the actor is armed with a dangerous weapon or any 
 16.12  article used or fashioned in a manner to lead the complainant to 
 16.13  reasonably believe it to be a dangerous weapon and uses or 
 16.14  threatens to use the weapon or article to cause the complainant 
 16.15  to submit; 
 16.16     (e) the actor causes personal injury to the complainant, 
 16.17  and either of the following circumstances exist: 
 16.18     (i) the actor uses force or coercion to accomplish sexual 
 16.19  penetration; or 
 16.20     (ii) the actor knows or has reason to know that the 
 16.21  complainant is mentally impaired, mentally incapacitated, or 
 16.22  physically helpless; 
 16.23     (f) the actor is aided or abetted by one or more 
 16.24  accomplices within the meaning of section 609.05, and either of 
 16.25  the following circumstances exists: 
 16.26     (i) an accomplice uses force or coercion to cause the 
 16.27  complainant to submit; or 
 16.28     (ii) an accomplice is armed with a dangerous weapon or any 
 16.29  article used or fashioned in a manner to lead the complainant 
 16.30  reasonably to believe it to be a dangerous weapon and uses or 
 16.31  threatens to use the weapon or article to cause the complainant 
 16.32  to submit; 
 16.33     (g) the actor has a significant relationship to the 
 16.34  complainant and the complainant was under 16 years of age at the 
 16.35  time of the sexual penetration.  Neither mistake as to the 
 16.36  complainant's age nor consent to the act by the complainant is a 
 17.1   defense; or 
 17.2      (h) the actor has a significant relationship to the 
 17.3   complainant, the complainant was under 16 years of age at the 
 17.4   time of the sexual penetration, and: 
 17.5      (i) the actor or an accomplice used force or coercion to 
 17.6   accomplish the penetration; 
 17.7      (ii) the complainant suffered personal injury; or 
 17.8      (iii) the sexual abuse involved multiple acts committed 
 17.9   over an extended period of time. 
 17.10     Neither mistake as to the complainant's age nor consent to 
 17.11  the act by the complainant is a defense. 
 17.12     Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
 17.13  section 609.109, A person convicted under subdivision 1 may or 
 17.14  convicted for an attempted violation of subdivision 1 shall be 
 17.15  sentenced to imprisonment for not more than 30 years or to a 
 17.16  payment of a fine of not more than $40,000, or both life. 
 17.17     (b) Unless a longer mandatory minimum sentence is otherwise 
 17.18  required by law or the Sentencing Guidelines provide for a 
 17.19  longer presumptive executed sentence, the court shall presume 
 17.20  that an executed sentence of 144 months must be imposed on an 
 17.21  offender convicted of violating this section.  Sentencing a 
 17.22  person in a manner other than that described in this paragraph 
 17.23  is a departure from the Sentencing Guidelines 
 17.24     Subd. 3.  [STAY.] (a) Except as otherwise provided in this 
 17.25  subdivision or when imprisonment is required under section 
 17.26  609.109 609.3457 or 609.3458, subdivision 2, if a person is 
 17.27  convicted under subdivision 1, clause (g), the court may stay 
 17.28  imposition or execution of the sentence if it finds that: 
 17.29     (a) a stay is in the best interest of the complainant or 
 17.30  the family unit; and 
 17.31     (b) a professional assessment indicates that the offender 
 17.32  has been accepted by and can respond to a treatment program. 
 17.33     If the court stays imposition or execution of sentence, it 
 17.34  shall include the following as conditions of probation: 
 17.35     (1) incarceration in a local jail or workhouse; 
 17.36     (2) a requirement that the offender complete a treatment 
 18.1   program; and 
 18.2      (3) a requirement that the offender have no unsupervised 
 18.3   contact with the complainant until the offender has successfully 
 18.4   completed the treatment program unless the contact is approved 
 18.5   by the treatment program and the supervising correctional agent. 
 18.6      If a person violates a stay of imposition or execution of 
 18.7   sentence granted under this subdivision, the person shall be 
 18.8   subject to an indeterminate sentence under section 609.3455.  
 18.9      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 18.10  and applies to crimes committed on or after that date. 
 18.11     Sec. 17.  Minnesota Statutes 2002, section 609.343, is 
 18.12  amended to read: 
 18.13     609.343 [CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.] 
 18.14     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 18.15  sexual contact with another person is guilty of criminal sexual 
 18.16  conduct in the second degree if any of the following 
 18.17  circumstances exists: 
 18.18     (a) the complainant is under 13 years of age and the actor 
 18.19  is more than 36 months older than the complainant.  Neither 
 18.20  mistake as to the complainant's age nor consent to the act by 
 18.21  the complainant is a defense.  In a prosecution under this 
 18.22  clause, the state is not required to prove that the sexual 
 18.23  contact was coerced; 
 18.24     (b) the complainant is at least 13 but less than 16 years 
 18.25  of age and the actor is more than 48 months older than the 
 18.26  complainant and in a position of authority over the complainant. 
 18.27  Neither mistake as to the complainant's age nor consent to the 
 18.28  act by the complainant is a defense; 
 18.29     (c) circumstances existing at the time of the act cause the 
 18.30  complainant to have a reasonable fear of imminent great bodily 
 18.31  harm to the complainant or another; 
 18.32     (d) the actor is armed with a dangerous weapon or any 
 18.33  article used or fashioned in a manner to lead the complainant to 
 18.34  reasonably believe it to be a dangerous weapon and uses or 
 18.35  threatens to use the dangerous weapon to cause the complainant 
 18.36  to submit; 
 19.1      (e) the actor causes personal injury to the complainant, 
 19.2   and either of the following circumstances exist: 
 19.3      (i) the actor uses force or coercion to accomplish the 
 19.4   sexual contact; or 
 19.5      (ii) the actor knows or has reason to know that the 
 19.6   complainant is mentally impaired, mentally incapacitated, or 
 19.7   physically helpless; 
 19.8      (f) the actor is aided or abetted by one or more 
 19.9   accomplices within the meaning of section 609.05, and either of 
 19.10  the following circumstances exists: 
 19.11     (i) an accomplice uses force or coercion to cause the 
 19.12  complainant to submit; or 
 19.13     (ii) an accomplice is armed with a dangerous weapon or any 
 19.14  article used or fashioned in a manner to lead the complainant to 
 19.15  reasonably believe it to be a dangerous weapon and uses or 
 19.16  threatens to use the weapon or article to cause the complainant 
 19.17  to submit; 
 19.18     (g) the actor has a significant relationship to the 
 19.19  complainant and the complainant was under 16 years of age at the 
 19.20  time of the sexual contact.  Neither mistake as to the 
 19.21  complainant's age nor consent to the act by the complainant is a 
 19.22  defense; or 
 19.23     (h) the actor has a significant relationship to the 
 19.24  complainant, the complainant was under 16 years of age at the 
 19.25  time of the sexual contact, and: 
 19.26     (i) the actor or an accomplice used force or coercion to 
 19.27  accomplish the contact; 
 19.28     (ii) the complainant suffered personal injury; or 
 19.29     (iii) the sexual abuse involved multiple acts committed 
 19.30  over an extended period of time. 
 19.31     Neither mistake as to the complainant's age nor consent to 
 19.32  the act by the complainant is a defense. 
 19.33     Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
 19.34  section 609.109, A person convicted under subdivision 1 may be 
 19.35  sentenced to imprisonment for not more than 25 years or to a 
 19.36  payment of a fine of not more than $35,000, or both life.  The 
 20.1   person also may be sentenced to a fine of not more than $35,000. 
 20.2      (b) If section 609.3455 provides the sentence for a 
 20.3   conviction under this section, the court shall sentence the 
 20.4   person to an indeterminate sentence under section 609.3455.  If 
 20.5   section 609.3455 does not provide the sentence for a conviction 
 20.6   under this section, the court shall sentence the person as 
 20.7   provided in paragraph (c). 
 20.8      (c) Unless a longer mandatory minimum sentence is otherwise 
 20.9   required by law or the Sentencing Guidelines provide for a 
 20.10  longer presumptive executed sentence, the court shall presume 
 20.11  that an executed sentence of 90 months must the minimum sentence 
 20.12  that may be imposed on an offender convicted of violating 
 20.13  subdivision 1, clause (c), (d), (e), (f), or (h) is an executed 
 20.14  sentence of 90 months.  The court shall sentence an offender 
 20.15  convicted under subdivision 1, clause (a), (b), or (g), to the 
 20.16  presumptive sentence under the sentencing guidelines for the 
 20.17  offense.  Sentencing a person in a manner other than that 
 20.18  described in this paragraph is a departure from the Sentencing 
 20.19  Guidelines.  
 20.20     (d) Unless a longer mandatory minimum sentence is otherwise 
 20.21  required or the sentencing guidelines call for a longer 
 20.22  presumptive executed sentence, for the purpose of section 
 20.23  609.3455, the court shall presume the minimum term of 
 20.24  imprisonment for a conviction under subdivision 1, clause (c), 
 20.25  (d), (e), (f), or (h), is 60 months and the minimum term of 
 20.26  imprisonment for a conviction for an attempted violation of 
 20.27  subdivision 1, clause (c), (d), (e), (f), or (h), is 30 months. 
 20.28     Subd. 3.  [STAY.] Except as otherwise provided in this 
 20.29  subdivision or when imprisonment is required under section 
 20.30  609.109 609.3457 or 609.3458, subdivision 2 or 3, if a person is 
 20.31  convicted under subdivision 1, clause (g), the court may stay 
 20.32  imposition or execution of the sentence if it finds that: 
 20.33     (a) a stay is in the best interest of the complainant or 
 20.34  the family unit; and 
 20.35     (b) a professional assessment indicates that the offender 
 20.36  has been accepted by and can respond to a treatment program. 
 21.1      If the court stays imposition or execution of sentence, it 
 21.2   shall include the following as conditions of probation: 
 21.3      (1) incarceration in a local jail or workhouse; 
 21.4      (2) a requirement that the offender complete a treatment 
 21.5   program; and 
 21.6      (3) a requirement that the offender have no unsupervised 
 21.7   contact with the complainant until the offender has successfully 
 21.8   completed the treatment program unless approved by the treatment 
 21.9   program and the supervising correctional agent.  
 21.10     If a person violates a stay of imposition or execution of 
 21.11  sentence granted under this subdivision, the person shall be 
 21.12  subject to an indeterminate sentence as provided in section 
 21.13  609.3455.  
 21.14     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 21.15  and applies to crimes committed on or after that date. 
 21.16     Sec. 18.  Minnesota Statutes 2002, section 609.344, is 
 21.17  amended to read: 
 21.18     609.344 [CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.] 
 21.19     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 21.20  sexual penetration with another person is guilty of criminal 
 21.21  sexual conduct in the third degree if any of the following 
 21.22  circumstances exists:  
 21.23     (a) the complainant is under 13 years of age and the actor 
 21.24  is no more than 36 months older than the complainant.  Neither 
 21.25  mistake as to the complainant's age nor consent to the act by 
 21.26  the complainant shall be a defense; 
 21.27     (b) the complainant is at least 13 but less than 16 years 
 21.28  of age and the actor is more than 24 months older than the 
 21.29  complainant.  In any such case it shall be an affirmative 
 21.30  defense, which must be proved by a preponderance of the 
 21.31  evidence, that the actor believes the complainant to be 16 years 
 21.32  of age or older.  If the actor in such a case is no more than 48 
 21.33  months but more than 24 months older than the complainant, the 
 21.34  actor may be sentenced to imprisonment for not more than five 
 21.35  years.  Consent by the complainant is not a defense; 
 21.36     (c) the actor uses force or coercion to accomplish the 
 22.1   penetration; 
 22.2      (d) the actor knows or has reason to know that the 
 22.3   complainant is mentally impaired, mentally incapacitated, or 
 22.4   physically helpless; 
 22.5      (e) the complainant is at least 16 but less than 18 years 
 22.6   of age and the actor is more than 48 months older than the 
 22.7   complainant and in a position of authority over the complainant. 
 22.8   Neither mistake as to the complainant's age nor consent to the 
 22.9   act by the complainant is a defense; 
 22.10     (f) the actor has a significant relationship to the 
 22.11  complainant and the complainant was at least 16 but under 18 
 22.12  years of age at the time of the sexual penetration.  Neither 
 22.13  mistake as to the complainant's age nor consent to the act by 
 22.14  the complainant is a defense; 
 22.15     (g) the actor has a significant relationship to the 
 22.16  complainant, the complainant was at least 16 but under 18 years 
 22.17  of age at the time of the sexual penetration, and: 
 22.18     (i) the actor or an accomplice used force or coercion to 
 22.19  accomplish the penetration; 
 22.20     (ii) the complainant suffered personal injury; or 
 22.21     (iii) the sexual abuse involved multiple acts committed 
 22.22  over an extended period of time.  
 22.23     Neither mistake as to the complainant's age nor consent to 
 22.24  the act by the complainant is a defense; 
 22.25     (h) the actor is a psychotherapist and the complainant is a 
 22.26  patient of the psychotherapist and the sexual penetration 
 22.27  occurred: 
 22.28     (i) during the psychotherapy session; or 
 22.29     (ii) outside the psychotherapy session if an ongoing 
 22.30  psychotherapist-patient relationship exists.  
 22.31     Consent by the complainant is not a defense; 
 22.32     (i) the actor is a psychotherapist and the complainant is a 
 22.33  former patient of the psychotherapist and the former patient is 
 22.34  emotionally dependent upon the psychotherapist; 
 22.35     (j) the actor is a psychotherapist and the complainant is a 
 22.36  patient or former patient and the sexual penetration occurred by 
 23.1   means of therapeutic deception.  Consent by the complainant is 
 23.2   not a defense; 
 23.3      (k) the actor accomplishes the sexual penetration by means 
 23.4   of deception or false representation that the penetration is for 
 23.5   a bona fide medical purpose.  Consent by the complainant is not 
 23.6   a defense; 
 23.7      (1) the actor is or purports to be a member of the clergy, 
 23.8   the complainant is not married to the actor, and: 
 23.9      (i) the sexual penetration occurred during the course of a 
 23.10  meeting in which the complainant sought or received religious or 
 23.11  spiritual advice, aid, or comfort from the actor in private; or 
 23.12     (ii) the sexual penetration occurred during a period of 
 23.13  time in which the complainant was meeting on an ongoing basis 
 23.14  with the actor to seek or receive religious or spiritual advice, 
 23.15  aid, or comfort in private.  Consent by the complainant is not a 
 23.16  defense; 
 23.17     (m) the actor is an employee, independent contractor, or 
 23.18  volunteer of a state, county, city, or privately operated adult 
 23.19  or juvenile correctional system, including, but not limited to, 
 23.20  jails, prisons, detention centers, or work release facilities, 
 23.21  and the complainant is a resident of a facility or under 
 23.22  supervision of the correctional system.  Consent by the 
 23.23  complainant is not a defense; or 
 23.24     (n) the actor provides or is an agent of an entity that 
 23.25  provides special transportation service, the complainant used 
 23.26  the special transportation service, and the sexual penetration 
 23.27  occurred during or immediately before or after the actor 
 23.28  transported the complainant.  Consent by the complainant is not 
 23.29  a defense. 
 23.30     Subd. 2.  [PENALTY.] (a) A person convicted under 
 23.31  subdivision 1 may be sentenced to imprisonment for not more than 
 23.32  15 years or to a payment of a fine of not more than $30,000, or 
 23.33  both life.  The person also may be sentenced to a fine of not 
 23.34  more than $30,000. 
 23.35     (b) If section 609.3455 provides the sentence for a 
 23.36  conviction under this section, the court shall sentence the 
 24.1   person to an indeterminate sentence under section 609.3455.  If 
 24.2   section 609.3455 does not provide the sentence for a conviction 
 24.3   under this section, the court shall sentence the person to the 
 24.4   presumptive sentence under the sentencing guidelines for the 
 24.5   offense. 
 24.6      Subd. 3.  [STAY.] Except as otherwise provided in this 
 24.7   subdivision or when imprisonment is required under 
 24.8   section 609.109 609.3457 or 609.3458, subdivision 2, if a person 
 24.9   is convicted under subdivision 1, clause (f), the court may stay 
 24.10  imposition or execution of the sentence if it finds that: 
 24.11     (a) a stay is in the best interest of the complainant or 
 24.12  the family unit; and 
 24.13     (b) a professional assessment indicates that the offender 
 24.14  has been accepted by and can respond to a treatment program. 
 24.15     If the court stays imposition or execution of sentence, it 
 24.16  shall include the following as conditions of probation: 
 24.17     (1) incarceration in a local jail or workhouse; 
 24.18     (2) a requirement that the offender complete a treatment 
 24.19  program; and 
 24.20     (3) a requirement that the offender have no unsupervised 
 24.21  contact with the complainant until the offender has successfully 
 24.22  completed the treatment program unless approved by the treatment 
 24.23  program and the supervising correctional agent.  
 24.24     If a person violates a stay of imposition or execution of 
 24.25  sentence granted under this subdivision, the person shall be 
 24.26  subject to an indeterminate sentence as provided in section 
 24.27  609.3455.  
 24.28     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 24.29  and applies to crimes committed on or after that date. 
 24.30     Sec. 19.  Minnesota Statutes 2002, section 609.345, is 
 24.31  amended to read: 
 24.32     609.345 [CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.] 
 24.33     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 24.34  sexual contact with another person is guilty of criminal sexual 
 24.35  conduct in the fourth degree if any of the following 
 24.36  circumstances exists: 
 25.1      (a) the complainant is under 13 years of age and the actor 
 25.2   is no more than 36 months older than the complainant.  Neither 
 25.3   mistake as to the complainant's age or consent to the act by the 
 25.4   complainant is a defense.  In a prosecution under this clause, 
 25.5   the state is not required to prove that the sexual contact was 
 25.6   coerced; 
 25.7      (b) the complainant is at least 13 but less than 16 years 
 25.8   of age and the actor is more than 48 months older than the 
 25.9   complainant or in a position of authority over the complainant.  
 25.10  Consent by the complainant to the act is not a defense.  In any 
 25.11  such case, it shall be an affirmative defense which must be 
 25.12  proved by a preponderance of the evidence that the actor 
 25.13  believes the complainant to be 16 years of age or older; 
 25.14     (c) the actor uses force or coercion to accomplish the 
 25.15  sexual contact; 
 25.16     (d) the actor knows or has reason to know that the 
 25.17  complainant is mentally impaired, mentally incapacitated, or 
 25.18  physically helpless; 
 25.19     (e) the complainant is at least 16 but less than 18 years 
 25.20  of age and the actor is more than 48 months older than the 
 25.21  complainant and in a position of authority over the complainant. 
 25.22  Neither mistake as to the complainant's age nor consent to the 
 25.23  act by the complainant is a defense; 
 25.24     (f) the actor has a significant relationship to the 
 25.25  complainant and the complainant was at least 16 but under 18 
 25.26  years of age at the time of the sexual contact.  Neither mistake 
 25.27  as to the complainant's age nor consent to the act by the 
 25.28  complainant is a defense; 
 25.29     (g) the actor has a significant relationship to the 
 25.30  complainant, the complainant was at least 16 but under 18 years 
 25.31  of age at the time of the sexual contact, and: 
 25.32     (i) the actor or an accomplice used force or coercion to 
 25.33  accomplish the contact; 
 25.34     (ii) the complainant suffered personal injury; or 
 25.35     (iii) the sexual abuse involved multiple acts committed 
 25.36  over an extended period of time.  
 26.1      Neither mistake as to the complainant's age nor consent to 
 26.2   the act by the complainant is a defense; 
 26.3      (h) the actor is a psychotherapist and the complainant is a 
 26.4   patient of the psychotherapist and the sexual contact occurred: 
 26.5      (i) during the psychotherapy session; or 
 26.6      (ii) outside the psychotherapy session if an ongoing 
 26.7   psychotherapist-patient relationship exists.  Consent by the 
 26.8   complainant is not a defense; 
 26.9      (i) the actor is a psychotherapist and the complainant is a 
 26.10  former patient of the psychotherapist and the former patient is 
 26.11  emotionally dependent upon the psychotherapist; 
 26.12     (j) the actor is a psychotherapist and the complainant is a 
 26.13  patient or former patient and the sexual contact occurred by 
 26.14  means of therapeutic deception.  Consent by the complainant is 
 26.15  not a defense; 
 26.16     (k) the actor accomplishes the sexual contact by means of 
 26.17  deception or false representation that the contact is for a bona 
 26.18  fide medical purpose.  Consent by the complainant is not a 
 26.19  defense; 
 26.20     (1) the actor is or purports to be a member of the clergy, 
 26.21  the complainant is not married to the actor, and: 
 26.22     (i) the sexual contact occurred during the course of a 
 26.23  meeting in which the complainant sought or received religious or 
 26.24  spiritual advice, aid, or comfort from the actor in private; or 
 26.25     (ii) the sexual contact occurred during a period of time in 
 26.26  which the complainant was meeting on an ongoing basis with the 
 26.27  actor to seek or receive religious or spiritual advice, aid, or 
 26.28  comfort in private.  Consent by the complainant is not a 
 26.29  defense; 
 26.30     (m) the actor is an employee, independent contractor, or 
 26.31  volunteer of a state, county, city, or privately operated adult 
 26.32  or juvenile correctional system, including, but not limited to, 
 26.33  jails, prisons, detention centers, or work release facilities, 
 26.34  and the complainant is a resident of a facility or under 
 26.35  supervision of the correctional system.  Consent by the 
 26.36  complainant is not a defense; or 
 27.1      (n) the actor provides or is an agent of an entity that 
 27.2   provides special transportation service, the complainant used 
 27.3   the special transportation service, the complainant is not 
 27.4   married to the actor, and the sexual contact occurred during or 
 27.5   immediately before or after the actor transported the 
 27.6   complainant.  Consent by the complainant is not a defense. 
 27.7      Subd. 2.  [PENALTY.] (a) A person convicted under 
 27.8   subdivision 1 may be sentenced to imprisonment for not more than 
 27.9   ten years or to a payment of a fine of not more than $20,000, or 
 27.10  both life.  The person also may be sentenced to a fine of not 
 27.11  more than $20,000. 
 27.12     (b) If section 609.3455 provides the sentence for a 
 27.13  conviction under this section, the court shall sentence the 
 27.14  person to an indeterminate sentence under section 609.3455.  If 
 27.15  section 609.3455 does not provide the sentence for a conviction 
 27.16  under this section, the court shall sentence the person to the 
 27.17  presumptive sentence under the sentencing guidelines for the 
 27.18  offense. 
 27.19     Subd. 3.  [STAY.] Except as otherwise provided in this 
 27.20  subdivision or when imprisonment is required under 
 27.21  section 609.109 609.3457 or 609.3458, subdivision 2, if a person 
 27.22  is convicted under subdivision 1, clause (f), the court may stay 
 27.23  imposition or execution of the sentence if it finds that: 
 27.24     (a) a stay is in the best interest of the complainant or 
 27.25  the family unit; and 
 27.26     (b) a professional assessment indicates that the offender 
 27.27  has been accepted by and can respond to a treatment program. 
 27.28     If the court stays imposition or execution of sentence, it 
 27.29  shall include the following as conditions of probation: 
 27.30     (1) incarceration in a local jail or workhouse; 
 27.31     (2) a requirement that the offender complete a treatment 
 27.32  program; and 
 27.33     (3) a requirement that the offender have no unsupervised 
 27.34  contact with the complainant until the offender has successfully 
 27.35  completed the treatment program unless approved by the treatment 
 27.36  program and the supervising correctional agent. 
 28.1      If a person violates a stay of imposition or execution of 
 28.2   sentence granted under this subdivision, the person shall be 
 28.3   subject to an indeterminate sentence as provided in section 
 28.4   609.3455.  
 28.5      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 28.6   and applies to crimes committed on or after that date. 
 28.7      Sec. 20.  Minnesota Statutes 2002, section 609.3452, 
 28.8   subdivision 4, is amended to read: 
 28.9      Subd. 4.  [DEFINITION.] As used in this section, "sex 
 28.10  offense" means a violation of section 609.342; 609.343; 609.344; 
 28.11  609.345; 609.3451; 609.3453; 609.746, subdivision 1; 609.79; or 
 28.12  617.23; or another offense arising out of a charge based on one 
 28.13  or more of those sections. 
 28.14     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 28.15  and applies to crimes committed on or after that date. 
 28.16     Sec. 21.  [609.3453] [CRIMINAL SEXUAL PREDATORY CONDUCT.] 
 28.17     Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
 28.18  criminal sexual predatory conduct if the person commits a 
 28.19  predatory crime and the predatory crime was motivated by the 
 28.20  offender's sexual impulses or was part of a predatory pattern of 
 28.21  behavior that had criminal sexual conduct as its goal. 
 28.22     Subd. 2.  [PENALTY.] (a) A person convicted under 
 28.23  subdivision 1, or for an attempted violation of subdivision 1, 
 28.24  shall be sentenced under section 609.3455.  The person also may 
 28.25  be sentenced to a fine of not more than $30,000.  
 28.26     (b) The minimum term of imprisonment for a conviction under 
 28.27  subdivision 1 is double the minimum term of imprisonment that 
 28.28  would apply to the predatory crime.  The minimum term of 
 28.29  imprisonment for an attempted violation of subdivision 1 is the 
 28.30  minimum term of imprisonment that would apply to the predatory 
 28.31  crime. 
 28.32     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 28.33  and applies to crimes committed on or after that date. 
 28.34     Sec. 22.  [609.3455] [INDETERMINATE SENTENCES FOR SEX 
 28.35  OFFENSES.] 
 28.36     Subdivision 1.  [APPLICABILITY.] (a) This section applies 
 29.1   to an offender convicted of a violation of section 609.3453 or 
 29.2   an attempted violation of section 609.3453.  This section also 
 29.3   applies to an offender convicted of a violation of section 
 29.4   609.343, 609.344, or 609.345 or an attempted violation of 
 29.5   section 609.343, 609.344, or 609.345 when: 
 29.6      (1) the sentencing guidelines presume an executed sentence 
 29.7   for the offense; 
 29.8      (2) section 609.3458 imposes a mandatory minimum sentence; 
 29.9   or 
 29.10     (3) the sentencing guidelines presume a stayed sentence for 
 29.11  the offense and the court departs from the sentencing guidelines 
 29.12  and imposes an upward dispositional departure.  This section 
 29.13  also applies to a person who violates a stay of imposition or 
 29.14  execution of sentence under section 609.342, subdivision 3; 
 29.15  609.343, subdivision 3; 609.344, subdivision 3; or 609.345, 
 29.16  subdivision 3.  
 29.17     (b) The court shall sentence an offender covered by this 
 29.18  subdivision to a minimum and maximum term of imprisonment, as 
 29.19  specified in subdivision 2. 
 29.20     Subd. 2.  [MINIMUM AND MAXIMUM TERM OF IMPRISONMENT.] (a)  
 29.21  Unless a longer mandatory minimum sentence is otherwise required 
 29.22  by law, the minimum term of imprisonment for an offense listed 
 29.23  in subdivision 1 shall be the minimum term of imprisonment for 
 29.24  the offense committed or, in the case of an upward dispositional 
 29.25  departure, the minimum term of imprisonment is the term of 
 29.26  imprisonment specified by the court.  In sentencing an offender 
 29.27  under this section, the court shall consider whether a longer 
 29.28  mandatory minimum sentence is required under section 609.343, 
 29.29  609.3457, or 609.3458.  The minimum term of imprisonment must be 
 29.30  served before the offender may be granted conditional release 
 29.31  under sections 244.0514 and 244.0515.  
 29.32     (b) Notwithstanding any other law to the contrary, the 
 29.33  maximum sentence for an offense listed in subdivision 1 is life. 
 29.34     (c) Notwithstanding section 609.135, the court may not stay 
 29.35  the imposition or execution of the sentence required by this 
 29.36  section.  An offender committed to the custody of the 
 30.1   commissioner of corrections under this section may not be 
 30.2   released from incarceration except as provided in sections 
 30.3   244.0514, subdivision 4, and 244.0515.  
 30.4      Subd. 3.  [CONDITIONAL RELEASE.] A person who is released 
 30.5   from a state correctional facility after receiving a sentence 
 30.6   under this section shall be subject to conditional release for 
 30.7   the remainder of the person's life.  The terms and procedures 
 30.8   related to conditional release are governed by sections 244.05, 
 30.9   244.0514, and 609.3459.  
 30.10     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 30.11  and applies to crimes committed on or after that date. 
 30.12     Sec. 23.  [609.3457] [MANDATORY MINIMUM SENTENCES FOR 
 30.13  CERTAIN DANGEROUS, PATTERNED SEX OFFENDERS; NO PREVIOUS 
 30.14  CONVICTION REQUIRED.] 
 30.15     Subdivision 1.  [MANDATORY INCREASED SENTENCE.] (a) A court 
 30.16  shall commit a person to the commissioner of corrections for a 
 30.17  period of time that is not less than double the presumptive 
 30.18  sentence under the Sentencing Guidelines and not more than the 
 30.19  statutory maximum, or if the statutory maximum is less than 
 30.20  double the presumptive sentence, for a period of time that is 
 30.21  equal to the statutory maximum, if: 
 30.22     (1) the court is imposing an executed sentence on a person 
 30.23  convicted of committing or attempting to commit a violation of 
 30.24  section 609.343, 609.344, 609.345, or 609.3453; 
 30.25     (2) the court finds that the offender is a danger to public 
 30.26  safety; and 
 30.27     (3) the court finds that the offender needs long-term 
 30.28  treatment or supervision beyond the presumptive term of 
 30.29  imprisonment and supervised release.  The finding must be based 
 30.30  on a professional assessment by an examiner experienced in 
 30.31  evaluating sex offenders that concludes that the offender is a 
 30.32  patterned sex offender.  The assessment must contain the facts 
 30.33  upon which the conclusion is based, with reference to the 
 30.34  offense history of the offender or the severity of the current 
 30.35  offense, the social history of the offender, and the results of 
 30.36  an examination of the offender's mental status unless the 
 31.1   offender refuses to be examined.  The conclusion may not be 
 31.2   based on testing alone.  A patterned sex offender is one whose 
 31.3   criminal sexual behavior is so engrained that the risk of 
 31.4   reoffending is great without intensive psychotherapeutic 
 31.5   intervention or other long-term controls. 
 31.6      (b) The court shall consider imposing a sentence under this 
 31.7   section whenever a person is convicted of violating section 
 31.8   609.343. 
 31.9      (c) If the court sentences a person under this subdivision 
 31.10  and the person is subject to indeterminate sentencing under 
 31.11  section 609.3455, the sentence imposed under this subdivision 
 31.12  shall be used to determine the minimum term of imprisonment 
 31.13  under section 609.3455, unless a longer minimum term of 
 31.14  imprisonment is otherwise required for the offense.  The maximum 
 31.15  term of imprisonment shall be as provided in section 609.3455. 
 31.16     Subd. 2.  [DANGER TO PUBLIC SAFETY.] The court shall base 
 31.17  its finding that the offender is a danger to public safety on 
 31.18  any of the following factors: 
 31.19     (1) the crime involved an aggravating factor that would 
 31.20  justify a durational departure from the presumptive sentence 
 31.21  under the Sentencing Guidelines; or 
 31.22     (2) the offender previously committed or attempted to 
 31.23  commit a predatory crime or a violation of section 609.224 or 
 31.24  609.2242, including: 
 31.25     (i) an offense committed as a juvenile that would have been 
 31.26  a predatory crime or a violation of section 609.224 or 609.2242 
 31.27  if committed by an adult; or 
 31.28     (ii) a violation or attempted violation of a similar law of 
 31.29  any other state or the United States. 
 31.30     Subd. 3.  [DEPARTURE FROM GUIDELINES.] A sentence imposed 
 31.31  under subdivision 1 is a departure from the Sentencing 
 31.32  Guidelines. 
 31.33     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 31.34  and applies to crimes committed on or after that date. 
 31.35     Sec. 24.  [609.3458] [MANDATORY MINIMUM SENTENCES FOR 
 31.36  REPEAT OR AGGRAVATED SEX OFFENSES.] 
 32.1      Subdivision 1.  [DEFINITION; CONVICTION OF OFFENSE.] For 
 32.2   purposes of this section, "offense" means a completed offense or 
 32.3   an attempt to commit an offense. 
 32.4      Subd. 2.  [PRESUMPTIVE EXECUTED SENTENCE.] (a) Except as 
 32.5   provided in subdivision 3, if a person is convicted under 
 32.6   section 609.343, 609.344, or 609.345 and has a previous sex 
 32.7   offense conviction, the court shall commit the defendant to the 
 32.8   commissioner of corrections for a minimum sentence of not less 
 32.9   than three years.  Except as provided in subdivision 3, if a 
 32.10  person is convicted under section 609.343, 609.344, or 609.345 
 32.11  within five years of discharge from sentence for a previous sex 
 32.12  offense conviction, the court shall commit the defendant to the 
 32.13  commissioner of corrections for a minimum sentence of not less 
 32.14  than five years.  The court may stay the execution of the 
 32.15  sentence imposed under this subdivision only if: 
 32.16     (1) the offense is not governed by an indeterminate 
 32.17  sentence under section 609.3455; and 
 32.18     (2) it finds that a professional assessment indicates the 
 32.19  offender is accepted by and can respond to treatment at a 
 32.20  long-term inpatient program exclusively treating sex offenders 
 32.21  and approved by the commissioner of corrections.  If the court 
 32.22  stays the execution of a sentence, it shall include the 
 32.23  following as conditions of probation: 
 32.24     (i) incarceration in a local jail or workhouse; and 
 32.25     (ii) a requirement that the offender successfully complete 
 32.26  the treatment program and aftercare as directed by the court. 
 32.27     (b) If the court sentences a person under this subdivision 
 32.28  and the person is subject to indeterminate sentencing under 
 32.29  section 609.3455, the sentence imposed under this subdivision 
 32.30  shall be used to determine the minimum term of imprisonment 
 32.31  under section 609.3455, unless a longer minimum term of 
 32.32  imprisonment is otherwise required for the offense.  The maximum 
 32.33  term of imprisonment shall be life.  
 32.34     Subd. 3.  [MANDATORY MINIMUM 30-YEAR SENTENCE.] (a) The 
 32.35  court shall commit a person to the commissioner of corrections 
 32.36  for a minimum sentence of not less than 30 years if: 
 33.1      (1) the person is convicted under section 609.343, 
 33.2   subdivision 1, clause (c), (d), (e), or (f); and 
 33.3      (2) the court determines on the record at the time of 
 33.4   sentencing that: 
 33.5      (i) the crime involved an aggravating factor that would 
 33.6   provide grounds for an upward departure under the Sentencing 
 33.7   Guidelines other than the aggravating factor applicable to 
 33.8   repeat criminal sexual conduct convictions; and 
 33.9      (ii) the person has a previous sex offense conviction under 
 33.10  section 609.342, 609.343, or 609.344. 
 33.11     (b) Notwithstanding subdivision 2 and section 609.343, 
 33.12  subdivision 3, the court may not stay imposition or execution of 
 33.13  the sentence required by this subdivision. 
 33.14     (c) If the court sentences a person under this subdivision 
 33.15  and the person is subject to indeterminate sentencing under 
 33.16  section 609.3455, the sentence imposed under this subdivision 
 33.17  shall be used to determine the minimum term of imprisonment 
 33.18  under section 609.3455, unless a longer minimum term of 
 33.19  imprisonment is otherwise required for the offense.  The maximum 
 33.20  term of imprisonment shall be life.  
 33.21     Subd. 4.  [PREVIOUS SEX OFFENSE CONVICTIONS.] For the 
 33.22  purposes of this section, a conviction is considered a previous 
 33.23  sex offense conviction if the person was convicted of a sex 
 33.24  offense before the commission of the present offense of 
 33.25  conviction.  
 33.26     Subd. 5.  [MANDATORY MINIMUM DEPARTURE FOR SEX OFFENDERS.] 
 33.27  (a) The court shall sentence a person to at least twice the 
 33.28  presumptive sentence recommended by the Sentencing Guidelines if:
 33.29     (1) the person is convicted under section 609.343, 
 33.30  subdivision 1, clause (c), (d), (e), or (f); or 609.344, 
 33.31  subdivision 1, clause (c) or (d); and 
 33.32     (2) the court determines on the record at the time of 
 33.33  sentencing that the crime involved an aggravating factor that 
 33.34  would provide grounds for an upward departure under the 
 33.35  Sentencing Guidelines. 
 33.36     (b) If the court sentences a person under this subdivision 
 34.1   and the person is subject to indeterminate sentencing under 
 34.2   section 609.3455, the sentence imposed under this subdivision 
 34.3   shall be used to determine the minimum term of imprisonment 
 34.4   under section 609.3455, unless a longer minimum term of 
 34.5   imprisonment is otherwise required for the offense.  The maximum 
 34.6   term of imprisonment shall be life.  
 34.7      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 34.8   and applies to crimes committed on or after that date. 
 34.9      Sec. 25.  [609.3459] [CONDITIONAL RELEASE FOR SEX 
 34.10  OFFENDERS.] 
 34.11     Subdivision 1.  [APPLICABILITY.] This section applies to a 
 34.12  person who commits a sex offense. 
 34.13     Subd. 2.  [LENGTH OF CONDITIONAL RELEASE SENTENCE.] (a) 
 34.14  Notwithstanding the statutory maximum sentence otherwise 
 34.15  applicable to the offense or any provision of the Sentencing 
 34.16  Guidelines, when a court sentences a person to the custody of 
 34.17  the commissioner of corrections for a violation or attempted 
 34.18  violation of section 609.342, 609.343, 609.344, 609.345, or 
 34.19  609.3453, the court shall provide that, upon the person's 
 34.20  release from a state correctional facility, the commissioner of 
 34.21  corrections shall place the person on conditional release. 
 34.22     (b) If the person was convicted for a violation or 
 34.23  attempted violation of section 609.343, 609.344, or 609.345 and 
 34.24  was not sentenced under section 609.3455, the person shall be 
 34.25  placed on conditional release for five years, minus the time the 
 34.26  person served on supervised release. 
 34.27     (c) If the person was convicted for a violation or 
 34.28  attempted violation of section 609.343, 609.344, or 609.345 
 34.29  after a previous sex offense conviction as defined in section 
 34.30  609.3458, subdivision 4, or was sentenced to a mandatory 
 34.31  departure under section 609.3458, subdivision 5, the person 
 34.32  shall be placed on conditional release for ten years, minus the 
 34.33  time the person served on supervised release, unless the person 
 34.34  was sentenced under section 609.3455. 
 34.35     (d) If the person was convicted for a sex offense and 
 34.36  sentenced under section 609.3455, the person shall be subject to 
 35.1   an indeterminate sentence and, if released from a correctional 
 35.2   facility under sections 244.0514 and 244.0515, the person shall 
 35.3   be placed on conditional release for the remainder of the 
 35.4   person's life. 
 35.5      Subd. 3.  [TERMS OF CONDITIONAL RELEASE.] (a) The 
 35.6   conditions of release may include successful completion of 
 35.7   treatment and aftercare in a program approved by the 
 35.8   commissioner, satisfaction of the release conditions specified 
 35.9   in section 244.05, subdivision 6, and any other conditions the 
 35.10  commissioner considers appropriate.  Before the offender is 
 35.11  released, the commissioner shall notify the sentencing court, 
 35.12  the prosecutor in the jurisdiction where the offender was 
 35.13  sentenced, and the victim of the offender's crime, whenever 
 35.14  possible, of the terms of the offender's conditional release.  
 35.15  If the offender fails to meet any condition of release, the 
 35.16  commissioner may revoke the offender's conditional release and 
 35.17  order that the offender serve the remaining portion of the 
 35.18  conditional release term in prison.  For offenders subject to a 
 35.19  five- or ten-year conditional release period, the commissioner 
 35.20  shall not dismiss the offender from supervision before the 
 35.21  conditional release term expires.  For offenders subject to 
 35.22  conditional release for life, the commissioner shall not dismiss 
 35.23  the offender from supervision.  
 35.24     (b) Conditional release under this section is governed by 
 35.25  provisions relating to supervised release, except as otherwise 
 35.26  provided in this section or section 244.04, subdivision 1, or 
 35.27  244.05.  Conditional release under this section also is governed 
 35.28  by section 244.0514.  
 35.29     (c) The commissioner shall pay the cost of treatment of a 
 35.30  person released under this subdivision.  This section does not 
 35.31  require the commissioner to accept or retain an offender in a 
 35.32  treatment program. 
 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. 26.  [INSTRUCTION TO SENTENCING GUIDELINES 
 35.36  COMMISSION.] 
 36.1      The Minnesota Sentencing Guidelines Commission is directed 
 36.2   to review the new and increased penalties for various crimes in 
 36.3   this act to ensure the presumptive sentences under the 
 36.4   Sentencing Guidelines reflect the legislature's assessment of 
 36.5   the severity of these crimes.  In those situations where the 
 36.6   Sentencing Guidelines do not reflect the legislature's 
 36.7   assessment of the severity of these crimes, the commission shall 
 36.8   increase the level at which various crimes are ranked and set 
 36.9   new presumptive sentences for these crimes, if necessary. 
 36.10     [EFFECTIVE DATE.] This section is effective August 1, 2004. 
 36.11     Sec. 27.  [REPEALER.] 
 36.12     Minnesota Statutes 2002, sections 609.108 and 609.109, are 
 36.13  repealed.  The revisor shall include a note accompanying the 
 36.14  notation of the repeal to inform the reader that these statutes 
 36.15  have been amended and recodified, from sections 609.108 and 
 36.16  609.109 to sections 609.3457 and 609.3458, respectively. 
 36.17     [EFFECTIVE DATE.] This section is effective August 1, 2004. 
 36.18                             ARTICLE 2
 36.19                MINNESOTA SEX OFFENDER REVIEW BOARD
 36.20     Section 1.  Minnesota Statutes 2002, section 13D.01, 
 36.21  subdivision 2, is amended to read: 
 36.22     Subd. 2.  [EXCEPTIONS.] This chapter does not apply: 
 36.23     (1) to meetings of the commissioner of corrections; 
 36.24     (2) to meetings of the Minnesota Sex Offender Review Board 
 36.25  under section 244.0515; 
 36.26     (3) to a state agency, board, or commission when it is 
 36.27  exercising quasi-judicial functions involving disciplinary 
 36.28  proceedings; or 
 36.29     (3) (4) as otherwise expressly provided by statute. 
 36.30     [EFFECTIVE DATE.] This section is effective August 1, 2004. 
 36.31     Sec. 2.  [244.0515] [MINNESOTA SEX OFFENDER REVIEW BOARD.] 
 36.32     Subdivision 1.  [DEFINITIONS.] For the purpose of this 
 36.33  section, the following terms have the meanings given them. 
 36.34     (a) "Board" means the Sex Offender Review Board established 
 36.35  under subdivision 2. 
 36.36     (b) "End-of-confinement review committee" means the 
 37.1   committee described in section 244.052, subdivision 3. 
 37.2      (c) "Victim" means an individual who suffered harm as a 
 37.3   result of the inmate's crime or, if the individual is deceased, 
 37.4   the deceased's surviving spouse or next of kin.  
 37.5      Subd. 2.  [BOARD; ESTABLISHMENT.] There is established the 
 37.6   Minnesota Sex Offender Review Board which shall be comprised of 
 37.7   five members.  The board shall be governed by section 15.0575, 
 37.8   except as otherwise provided by this section.  
 37.9      Subd. 3.  [MEMBERS.] The Sex Offender Review Board shall 
 37.10  consist of the following:  
 37.11     (1) the commissioner of corrections or a designee appointed 
 37.12  by the commissioner; 
 37.13     (2) the commissioner of human services or a designee 
 37.14  appointed by the commissioner; 
 37.15     (3) a retired judge appointed by the governor; 
 37.16     (4) a treatment professional, not employed by the 
 37.17  Department of Corrections or the Department of Human Services, 
 37.18  trained in the assessment of sex offenders and appointed by the 
 37.19  governor; and 
 37.20     (5) one public member appointed by the governor.  
 37.21     When an appointing authority selects individuals for 
 37.22  membership on the board, the authority shall make reasonable 
 37.23  efforts to appoint qualified members of protected groups, as 
 37.24  defined in section 43A.02, subdivision 33.  
 37.25     One of the members shall be designated by the governor as 
 37.26  chair of the commission.  
 37.27     Subd. 4.  [APPOINTMENT TERMS.] Each appointed member shall 
 37.28  be appointed for four years and shall continue to serve during 
 37.29  that time as long as the member occupies the position that made 
 37.30  the member eligible for the appointment.  Each member shall 
 37.31  continue in office until a successor is duly appointed.  Members 
 37.32  shall be eligible for reappointment, and appointment may be made 
 37.33  to fill an unexpired term.  The members of the commission shall 
 37.34  elect any additional officers necessary for the efficient 
 37.35  discharge of their duties. 
 37.36     Subd. 5.  [RESPONSIBILITIES.] (a) The board shall hold a 
 38.1   hearing and consider whether an inmate shall be granted 
 38.2   conditional release at least 90 days before the offender is 
 38.3   first eligible for release and whenever an inmate petitions for 
 38.4   release from imprisonment under subdivision 6.  When determining 
 38.5   whether to grant conditional release to an inmate serving a life 
 38.6   sentence under section 609.3455, the board shall consider: 
 38.7      (1) the risk assessment report prepared under section 
 38.8   244.052 and any and all information the end-of-confinement 
 38.9   review committee reviewed in making its risk assessment; 
 38.10     (2) the community investigation report prepared under 
 38.11  section 244.05, subdivision 5, and any and all information 
 38.12  gathered for use in compiling that report; 
 38.13     (3) the inmate's criminal offense history; 
 38.14     (4) the inmate's behavior while incarcerated; 
 38.15     (5) the inmate's participation in, and completion of, 
 38.16  appropriate treatment; 
 38.17     (6) the inmate's need for additional treatment, training, 
 38.18  or supervision; 
 38.19     (7) the danger the inmate poses to the public if released; 
 38.20  and 
 38.21     (8) any other information the board deems relevant.  
 38.22     (b) The board must make a decision regarding whether or not 
 38.23  to grant conditional release within 14 days of the hearing.  If 
 38.24  the board decides not to grant conditional release to an inmate, 
 38.25  the board must specify in writing the reasons for its decision. 
 38.26  The board may identify in writing conditions the offender must 
 38.27  meet in order to file a petition with the board for release.  
 38.28  The board also may inform the inmate in writing that the inmate 
 38.29  may petition for release earlier than the time designated in 
 38.30  subdivision 6. 
 38.31     (c) If the board grants conditional release to the inmate 
 38.32  at the inmate's first hearing before the board, the commissioner 
 38.33  of corrections must release the individual at the time the 
 38.34  inmate is first eligible for release.  If the board subsequently 
 38.35  grants conditional release to the inmate, the commissioner of 
 38.36  corrections must release the individual 90 days from the date of 
 39.1   the board's decision.  If the inmate's scheduled release date 
 39.2   falls on a Friday, Saturday, Sunday, or holiday, the inmate's 
 39.3   conditional release term shall begin as specified in section 
 39.4   244.05, subdivision 1a. 
 39.5      Subd. 6.  [PETITION FOR RELEASE.] (a) An inmate who has 
 39.6   served the minimum term of imprisonment is eligible to petition 
 39.7   the board for release. 
 39.8      (b) Except as provided in paragraph (c), the inmate may not 
 39.9   petition the board for release until 24 months have passed since 
 39.10  the board last issued a written decision denying release to the 
 39.11  inmate, or until the inmate satisfies all conditions set by the 
 39.12  board when it previously denied release, whichever is later.  
 39.13     (c) An inmate may petition the board at an earlier time 
 39.14  than allowed under paragraph (b) if the board authorizes an 
 39.15  earlier petition under subdivision 5. 
 39.16     Subd. 7.  [RELEASE HEARING.] (a) Within 45 days of the time 
 39.17  the board first considers an inmate's eligibility for release, 
 39.18  or within 45 days of the time the inmate files a petition for 
 39.19  release, the commissioner of corrections shall give written 
 39.20  notice of the time and place of the hearing before the board to 
 39.21  all interested parties, including the petitioner, the sentencing 
 39.22  court, the county attorney's office involved in prosecuting the 
 39.23  case, and the victim. 
 39.24     (b) The victim has a right to submit an oral or written 
 39.25  statement to the board at the hearing.  The statement may 
 39.26  summarize the harm suffered by the victim as a result of the 
 39.27  crime and give the victim's recommendation on whether the inmate 
 39.28  should be given conditional release.  The board must consider 
 39.29  the victim's statement when making the conditional release 
 39.30  decision. 
 39.31     (c) The hearing must be held on the record.  Upon approval 
 39.32  of the board, the petitioner may subpoena witnesses to appear at 
 39.33  the hearing. 
 39.34     Subd. 8.  [ADMINISTRATIVE SERVICES.] The commissioner of 
 39.35  corrections shall provide adequate office space and 
 39.36  administrative services for the board.  The board may utilize 
 40.1   the services, equipment, personnel, information, and resources 
 40.2   of other state agencies with their consent.  The board may 
 40.3   accept voluntary and uncompensated services; contract with 
 40.4   individuals and public and private agencies; and request 
 40.5   information, reports, and data from any agency of the state, or 
 40.6   any of its political subdivisions, to the extent authorized by 
 40.7   law.  
 40.8      Subd. 9.  [ADMINISTRATOR.] The board may select and employ 
 40.9   an administrator who shall perform the duties the board directs, 
 40.10  including the hiring of any clerical help and other employees as 
 40.11  the board may approve.  The administrator and other staff shall 
 40.12  be in the unclassified service of the state and their 
 40.13  compensation shall be established pursuant to chapter 43A.  They 
 40.14  shall be reimbursed for the expenses necessarily incurred in the 
 40.15  performance of their official duties in the same manner as other 
 40.16  state employees. 
 40.17     Subd. 10.  [EXEMPTION FROM CHAPTER 14.] The Minnesota Sex 
 40.18  Offender Review Board and the commissioner of corrections may 
 40.19  adopt rules under section 14.389 when proceeding under this 
 40.20  section and sections 244.0514 and 609.3459. 
 40.21     [EFFECTIVE DATE.] This section is effective August 1, 2004. 
 40.22     Sec. 3.  [DIRECTION TO COMMISSIONER OF CORRECTIONS.] 
 40.23     (a) The commissioner of corrections shall establish 
 40.24  criteria and procedures for the Minnesota Sex Offender Review 
 40.25  Board, established under Minnesota Statutes, section 244.0515, 
 40.26  to use in making release decisions on offenders sentenced under 
 40.27  Minnesota Statutes, section 609.3455.  In establishing criteria 
 40.28  and procedures, the commissioner of corrections shall seek the 
 40.29  input of the end-of-confinement review committee at each state 
 40.30  correctional facility and at each state treatment facility where 
 40.31  predatory offenders are confined.  The commissioner also shall 
 40.32  seek input from individuals knowledgeable in health and human 
 40.33  services; public safety; Minnesota's sex offender treatment 
 40.34  program; treatment of sex offenders; crime victim issues; 
 40.35  criminal law; sentencing guidelines; law enforcement; and 
 40.36  probation, supervised release, and conditional release.  
 41.1      (b) The commissioner of corrections shall establish 
 41.2   criteria and procedures to govern the review and release of sex 
 41.3   offenders subject to indeterminate sentences by November 15, 
 41.4   2004.  These criteria and procedures will become effective on 
 41.5   June 1, 2005, unless the legislature takes action before that 
 41.6   time to accept, modify, or reject the criteria and procedures. 
 41.7      (c) By November 15, 2004, the commissioner of corrections 
 41.8   shall provide the legislature with a written report containing 
 41.9   the criteria and procedures the commissioner proposes the 
 41.10  Minnesota Sex Offender Review Board use in deciding whether to 
 41.11  release a sex offender subject to an indeterminate sentence.  
 41.12  This report also shall include a summary of the input gathered 
 41.13  under paragraph (a).  
 41.14     [EFFECTIVE DATE.] This section is effective the day 
 41.15  following final enactment. 
 41.16                             ARTICLE 3
 41.17                  TECHNICAL AND CONFORMING CHANGES
 41.18     Section 1.  Minnesota Statutes 2002, section 241.67, 
 41.19  subdivision 3, is amended to read: 
 41.20     Subd. 3.  [PROGRAMS FOR ADULT OFFENDERS COMMITTED TO THE 
 41.21  COMMISSIONER.] (a) The commissioner shall provide for a range of 
 41.22  sex offender programs, including intensive sex offender 
 41.23  programs, within the state adult correctional facility system.  
 41.24  Participation in any program is subject to the rules and 
 41.25  regulations of the Department of Corrections.  Nothing in this 
 41.26  section requires the commissioner to accept or retain an 
 41.27  offender in a program if the offender is determined by prison 
 41.28  professionals as unamenable to programming within the prison 
 41.29  system or if the offender refuses or fails to comply with the 
 41.30  program's requirements.  Nothing in this section creates a right 
 41.31  of an offender to treatment.  
 41.32     (b) The commissioner shall provide for residential and 
 41.33  outpatient sex offender programming and aftercare when required 
 41.34  for conditional release under section 609.108 609.3459 or as a 
 41.35  condition of supervised release. 
 41.36     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 42.1   and applies to crimes committed on or after that date. 
 42.2      Sec. 2.  Minnesota Statutes 2002, section 243.166, 
 42.3   subdivision 1, is amended to read: 
 42.4      Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
 42.5   register under this section if:  
 42.6      (1) the person was charged with or petitioned for a felony 
 42.7   violation of or attempt to violate any of the following, and 
 42.8   convicted of or adjudicated delinquent for that offense or 
 42.9   another offense arising out of the same set of circumstances: 
 42.10     (i) murder under section 609.185, clause (2); or 
 42.11     (ii) kidnapping under section 609.25; or 
 42.12     (iii) criminal sexual conduct under section 609.342; 
 42.13  609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
 42.14     (iv) indecent exposure under section 617.23, subdivision 3; 
 42.15  or 
 42.16     (2) the person was charged with or petitioned for falsely 
 42.17  imprisoning a minor in violation of section 609.255, subdivision 
 42.18  2; soliciting a minor to engage in prostitution in violation of 
 42.19  section 609.322 or 609.324; soliciting a minor to engage in 
 42.20  sexual conduct in violation of section 609.352; using a minor in 
 42.21  a sexual performance in violation of section 617.246; or 
 42.22  possessing pornographic work involving a minor in violation of 
 42.23  section 617.247, and convicted of or adjudicated delinquent for 
 42.24  that offense or another offense arising out of the same set of 
 42.25  circumstances; or 
 42.26     (3) the person was convicted of a predatory crime as 
 42.27  defined in section 609.108 609.341, subdivision 25, and the 
 42.28  offender was sentenced as a patterned sex offender or the court 
 42.29  found on its own motion or that of the prosecutor that the crime 
 42.30  was part of a predatory pattern of behavior that had criminal 
 42.31  sexual conduct as its goal under section 609.3455; or 
 42.32     (4) the person was convicted of or adjudicated delinquent 
 42.33  for, including pursuant to a court martial, violating a law of 
 42.34  the United States, including the Uniform Code of Military 
 42.35  Justice, similar to the offenses described in clause (1), (2), 
 42.36  or (3). 
 43.1      (b) A person also shall register under this section if: 
 43.2      (1) the person was convicted of or adjudicated delinquent 
 43.3   in another state for an offense that would be a violation of a 
 43.4   law described in paragraph (a) if committed in this state; 
 43.5      (2) the person enters the state to reside, or to work or 
 43.6   attend school; and 
 43.7      (3) ten years have not elapsed since the person was 
 43.8   released from confinement or, if the person was not confined, 
 43.9   since the person was convicted of or adjudicated delinquent for 
 43.10  the offense that triggers registration, unless the person is 
 43.11  subject to lifetime registration, in which case the person must 
 43.12  register for life regardless of when the person was released 
 43.13  from confinement, convicted, or adjudicated delinquent. 
 43.14  For purposes of this paragraph: 
 43.15     (i) "school" includes any public or private educational 
 43.16  institution, including any secondary school, trade or 
 43.17  professional institution, or institution of higher education, 
 43.18  that the person is enrolled in on a full-time or part-time 
 43.19  basis; and 
 43.20     (ii) "work" includes employment that is full time or part 
 43.21  time for a period of time exceeding 14 days or for an aggregate 
 43.22  period of time exceeding 30 days during any calendar year, 
 43.23  whether financially compensated, volunteered, or for the purpose 
 43.24  of government or educational benefit. 
 43.25     (c) A person also shall register under this section if the 
 43.26  person was committed pursuant to a court commitment order under 
 43.27  section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
 43.28  a similar law of another state or the United States, regardless 
 43.29  of whether the person was convicted of any offense. 
 43.30     (d) A person also shall register under this section if: 
 43.31     (1) the person was charged with or petitioned for a felony 
 43.32  violation or attempt to violate any of the offenses listed in 
 43.33  paragraph (a), clause (1), or a similar law of another state or 
 43.34  the United States, or the person was charged with or petitioned 
 43.35  for a violation of any of the offenses listed in paragraph (a), 
 43.36  clause (2), or a similar law of another state or the United 
 44.1   States; 
 44.2      (2) the person was found not guilty by reason of mental 
 44.3   illness or mental deficiency after a trial for that offense, or 
 44.4   found guilty but mentally ill after a trial for that offense, in 
 44.5   states with a guilty but mentally ill verdict; and 
 44.6      (3) the person was committed pursuant to a court commitment 
 44.7   order under section 253B.18 or a similar law of another state or 
 44.8   the United States. 
 44.9      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 44.10  and applies to crimes committed on or after that date. 
 44.11     Sec. 3.  Minnesota Statutes 2002, section 244.05, 
 44.12  subdivision 3, is amended to read: 
 44.13     Subd. 3.  [SANCTIONS FOR VIOLATION.] If an inmate violates 
 44.14  the conditions of the inmate's supervised release imposed by the 
 44.15  commissioner, the commissioner may: 
 44.16     (1) continue the inmate's supervised release term, with or 
 44.17  without modifying or enlarging the conditions imposed on the 
 44.18  inmate; or 
 44.19     (2) revoke the inmate's supervised release and reimprison 
 44.20  the inmate for the appropriate period of time. 
 44.21     The period of time for which a supervised release may be 
 44.22  revoked may not exceed the period of time remaining in the 
 44.23  inmate's sentence, except that if a sex offender is sentenced 
 44.24  and conditionally released under section 609.108, subdivision 
 44.25  5 609.3455, the period of time for which conditional release may 
 44.26  be revoked may not exceed the balance of the conditional release 
 44.27  term. 
 44.28     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 44.29  and applies to crimes committed on or after that date. 
 44.30     Sec. 4.  Minnesota Statutes 2002, section 244.195, 
 44.31  subdivision 1, is amended to read: 
 44.32     Subdivision 1.  [DEFINITIONS.] (a) As used in this 
 44.33  subdivision, the following terms have the meanings given them. 
 44.34     (b) "Commissioner" means the commissioner of corrections. 
 44.35     (c) "Conditional release" means parole, supervised release, 
 44.36  conditional release as authorized by section 609.108, 
 45.1   subdivision 6, or 609.109, subdivision 7 609.3459, work release 
 45.2   as authorized by sections 241.26, 244.065, and 631.425, 
 45.3   probation, furlough, and any other authorized temporary release 
 45.4   from a correctional facility. 
 45.5      (d) "Court services director" means the director or 
 45.6   designee of a county probation agency that is not organized 
 45.7   under chapter 401. 
 45.8      (e) "Detain" means to take into actual custody, including 
 45.9   custody within a local correctional facility. 
 45.10     (f) "Local correctional facility" has the meaning given in 
 45.11  section 241.021, subdivision 1. 
 45.12     (g) "Release" means to release from actual custody. 
 45.13     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 45.14  and applies to crimes committed on or after that date. 
 45.15     Sec. 5.  Minnesota Statutes 2002, section 253B.185, 
 45.16  subdivision 2, is amended to read: 
 45.17     Subd. 2.  [TRANSFER TO CORRECTIONAL FACILITY.] (a) If a 
 45.18  person has been committed under this section and later is 
 45.19  committed to the custody of the commissioner of corrections for 
 45.20  any reason, including but not limited to, being sentenced for a 
 45.21  crime or revocation of the person's supervised release or 
 45.22  conditional release under section 244.05, 609.108, subdivision 
 45.23  6, or 609.109, subdivision 7 or 609.3459, the person shall be 
 45.24  transferred to a facility designated by the commissioner of 
 45.25  corrections without regard to the procedures provided in section 
 45.26  253B.18. 
 45.27     (b) If a person is committed under this section after a 
 45.28  commitment to the commissioner of corrections, the person shall 
 45.29  first serve the sentence in a facility designated by the 
 45.30  commissioner of corrections.  After the person has served the 
 45.31  sentence, the person shall be transferred to a treatment program 
 45.32  designated by the commissioner of human services. 
 45.33     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 45.34  and applies to crimes committed on or after that date. 
 45.35     Sec. 6.  Minnesota Statutes 2002, section 401.01, 
 45.36  subdivision 2, is amended to read: 
 46.1      Subd. 2.  [DEFINITIONS.] (a) For the purposes of sections 
 46.2   401.01 to 401.16, the following terms have the meanings given 
 46.3   them.  
 46.4      (b) "CCA county" means a county that participates in the 
 46.5   Community Corrections Act. 
 46.6      (c) "Commissioner" means the commissioner of corrections or 
 46.7   a designee. 
 46.8      (d) "Conditional release" means parole, supervised release, 
 46.9   conditional release as authorized by section 609.108, 
 46.10  subdivision 6, or 609.109, subdivision 7 609.3459, work release 
 46.11  as authorized by sections 241.26, 244.065, and 631.425, 
 46.12  probation, furlough, and any other authorized temporary release 
 46.13  from a correctional facility. 
 46.14     (e) "County probation officer" means a probation officer 
 46.15  appointed under section 244.19. 
 46.16     (f) "Detain" means to take into actual custody, including 
 46.17  custody within a local correctional facility. 
 46.18     (g) "Joint board" means the board provided in section 
 46.19  471.59. 
 46.20     (h) "Local correctional facility" has the meaning given in 
 46.21  section 241.021, subdivision 1. 
 46.22     (i) "Local correctional service" means those services 
 46.23  authorized by and employees, officers, and agents appointed 
 46.24  under section 244.19, subdivision 1. 
 46.25     (j) "Release" means to release from actual custody. 
 46.26     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 46.27  and applies to crimes committed on or after that date. 
 46.28     Sec. 7.  Minnesota Statutes 2002, section 609.117, 
 46.29  subdivision 1, is amended to read: 
 46.30     Subdivision 1.  [UPON SENTENCING.] The court shall order an 
 46.31  offender to provide a biological specimen for the purpose of DNA 
 46.32  analysis as defined in section 299C.155 when: 
 46.33     (1) the court sentences a person charged with violating or 
 46.34  attempting to violate any of the following, and the person is 
 46.35  convicted of that offense or of any offense arising out of the 
 46.36  same set of circumstances: 
 47.1      (i) murder under section 609.185, 609.19, or 609.195; 
 47.2      (ii) manslaughter under section 609.20 or 609.205; 
 47.3      (iii) assault under section 609.221, 609.222, or 609.223; 
 47.4      (iv) robbery under section 609.24 or aggravated robbery 
 47.5   under section 609.245; 
 47.6      (v) kidnapping under section 609.25; 
 47.7      (vi) false imprisonment under section 609.255; 
 47.8      (vii) criminal sexual conduct under section 609.342, 
 47.9   609.343, 609.344, 609.345, or 609.3451, subdivision 3, or 
 47.10  609.3453; 
 47.11     (viii) incest under section 609.365; 
 47.12     (ix) burglary under section 609.582, subdivision 1; or 
 47.13     (x) indecent exposure under section 617.23, subdivision 3; 
 47.14     (2) the court sentences a person as a patterned sex 
 47.15  offender under section 609.108; or 
 47.16     (3) the juvenile court adjudicates a person a delinquent 
 47.17  child who is the subject of a delinquency petition for violating 
 47.18  or attempting to violate any of the following, and the 
 47.19  delinquency adjudication is based on a violation of one of those 
 47.20  sections or of any offense arising out of the same set of 
 47.21  circumstances: 
 47.22     (i) murder under section 609.185, 609.19, or 609.195; 
 47.23     (ii) manslaughter under section 609.20 or 609.205; 
 47.24     (iii) assault under section 609.221, 609.222, or 609.223; 
 47.25     (iv) robbery under section 609.24 or aggravated robbery 
 47.26  under section 609.245; 
 47.27     (v) kidnapping under section 609.25; 
 47.28     (vi) false imprisonment under section 609.255; 
 47.29     (vii) criminal sexual conduct under section 609.342, 
 47.30  609.343, 609.344, 609.345, or 609.3451, subdivision 3, or 
 47.31  609.3453; 
 47.32     (viii) incest under section 609.365; 
 47.33     (ix) burglary under section 609.582, subdivision 1; or 
 47.34     (x) indecent exposure under section 617.23, subdivision 3. 
 47.35  The biological specimen or the results of the analysis shall be 
 47.36  maintained by the Bureau of Criminal Apprehension as provided in 
 48.1   section 299C.155. 
 48.2      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 48.3   and applies to crimes committed on or after that date. 
 48.4      Sec. 8.  Minnesota Statutes 2002, section 609.117, 
 48.5   subdivision 2, is amended to read: 
 48.6      Subd. 2.  [BEFORE RELEASE.] The commissioner of corrections 
 48.7   or local corrections authority shall order a person to provide a 
 48.8   biological specimen for the purpose of DNA analysis before 
 48.9   completion of the person's term of imprisonment when the person 
 48.10  has not provided a biological specimen for the purpose of DNA 
 48.11  analysis and the person: 
 48.12     (1) is currently serving a term of imprisonment for or has 
 48.13  a past conviction for violating or attempting to violate any of 
 48.14  the following or a similar law of another state or the United 
 48.15  States or initially charged with violating one of the following 
 48.16  sections or a similar law of another state or the United States 
 48.17  and convicted of another offense arising out of the same set of 
 48.18  circumstances: 
 48.19     (i) murder under section 609.185, 609.19, or 609.195; 
 48.20     (ii) manslaughter under section 609.20 or 609.205; 
 48.21     (iii) assault under section 609.221, 609.222, or 609.223; 
 48.22     (iv) robbery under section 609.24 or aggravated robbery 
 48.23  under section 609.245; 
 48.24     (v) kidnapping under section 609.25; 
 48.25     (vi) false imprisonment under section 609.255; 
 48.26     (vii) criminal sexual conduct under section 609.342, 
 48.27  609.343, 609.344, 609.345, or 609.3451, subdivision 3, or 
 48.28  609.3453; 
 48.29     (viii) incest under section 609.365; 
 48.30     (ix) burglary under section 609.582, subdivision 1; or 
 48.31     (x) indecent exposure under section 617.23, subdivision 3; 
 48.32  or 
 48.33     (2) was sentenced as a patterned sex offender under section 
 48.34  609.108, and committed to the custody of the commissioner of 
 48.35  corrections; or 
 48.36     (3) is serving a term of imprisonment in this state under a 
 49.1   reciprocal agreement although convicted in another state of an 
 49.2   offense described in this subdivision or a similar law of the 
 49.3   United States or any other state.  The commissioner of 
 49.4   corrections or local corrections authority shall forward the 
 49.5   sample to the Bureau of Criminal Apprehension. 
 49.6      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 49.7   and applies to crimes committed on or after that date.  
 49.8      Sec. 9.  Minnesota Statutes 2002, section 609.347, is 
 49.9   amended to read: 
 49.10     609.347 [EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.] 
 49.11     Subdivision 1.  In a prosecution under sections 609.109 or 
 49.12  609.342 to 609.3451 or 609.3453, the testimony of a victim need 
 49.13  not be corroborated. 
 49.14     Subd. 2.  In a prosecution under sections 609.109 or 
 49.15  609.342 to 609.3451, or 609.3453, there is no need to show that 
 49.16  the victim resisted the accused.  
 49.17     Subd. 3.  In a prosecution under sections 609.109, 609.342 
 49.18  to 609.3451, 609.3453, or 609.365, evidence of the victim's 
 49.19  previous sexual conduct shall not be admitted nor shall any 
 49.20  reference to such conduct be made in the presence of the jury, 
 49.21  except by court order under the procedure provided in 
 49.22  subdivision 4.  The evidence can be admitted only if the 
 49.23  probative value of the evidence is not substantially outweighed 
 49.24  by its inflammatory or prejudicial nature and only in the 
 49.25  circumstances set out in paragraphs (a) and (b).  For the 
 49.26  evidence to be admissible under paragraph (a), subsection (i), 
 49.27  the judge must find by a preponderance of the evidence that the 
 49.28  facts set out in the accused's offer of proof are true.  For the 
 49.29  evidence to be admissible under paragraph (a), subsection (ii) 
 49.30  or paragraph (b), the judge must find that the evidence is 
 49.31  sufficient to support a finding that the facts set out in the 
 49.32  accused's offer of proof are true, as provided under Rule 901 of 
 49.33  the Rules of Evidence. 
 49.34     (a) When consent of the victim is a defense in the case, 
 49.35  the following evidence is admissible: 
 49.36     (i) evidence of the victim's previous sexual conduct 
 50.1   tending to establish a common scheme or plan of similar sexual 
 50.2   conduct under circumstances similar to the case at issue.  In 
 50.3   order to find a common scheme or plan, the judge must find that 
 50.4   the victim made prior allegations of sexual assault which were 
 50.5   fabricated; and 
 50.6      (ii) evidence of the victim's previous sexual conduct with 
 50.7   the accused.  
 50.8      (b) When the prosecution's case includes evidence of semen, 
 50.9   pregnancy, or disease at the time of the incident or, in the 
 50.10  case of pregnancy, between the time of the incident and trial, 
 50.11  evidence of specific instances of the victim's previous sexual 
 50.12  conduct is admissible solely to show the source of the semen, 
 50.13  pregnancy, or disease. 
 50.14     Subd. 4.  The accused may not offer evidence described in 
 50.15  subdivision 3 except pursuant to the following procedure: 
 50.16     (a) A motion shall be made by the accused at least three 
 50.17  business days prior to trial, unless later for good cause shown, 
 50.18  setting out with particularity the offer of proof of the 
 50.19  evidence that the accused intends to offer, relative to the 
 50.20  previous sexual conduct of the victim; 
 50.21     (b) If the court deems the offer of proof sufficient, the 
 50.22  court shall order a hearing out of the presence of the jury, if 
 50.23  any, and in such hearing shall allow the accused to make a full 
 50.24  presentation of the offer of proof; 
 50.25     (c) At the conclusion of the hearing, if the court finds 
 50.26  that the evidence proposed to be offered by the accused 
 50.27  regarding the previous sexual conduct of the victim is 
 50.28  admissible under subdivision 3 and that its probative value is 
 50.29  not substantially outweighed by its inflammatory or prejudicial 
 50.30  nature, the court shall make an order stating the extent to 
 50.31  which evidence is admissible.  The accused may then offer 
 50.32  evidence pursuant to the order of the court; 
 50.33     (d) If new information is discovered after the date of the 
 50.34  hearing or during the course of trial, which may make evidence 
 50.35  described in subdivision 3 admissible, the accused may make an 
 50.36  offer of proof pursuant to clause (a) and the court shall order 
 51.1   an in camera hearing to determine whether the proposed evidence 
 51.2   is admissible by the standards herein.  
 51.3      Subd. 5.  In a prosecution under sections 609.109 or 
 51.4   609.342 to 609.3451 or 609.3453, the court shall not instruct 
 51.5   the jury to the effect that: 
 51.6      (a) It may be inferred that a victim who has previously 
 51.7   consented to sexual intercourse with persons other than the 
 51.8   accused would be therefore more likely to consent to sexual 
 51.9   intercourse again; or 
 51.10     (b) The victim's previous or subsequent sexual conduct in 
 51.11  and of itself may be considered in determining the credibility 
 51.12  of the victim; or 
 51.13     (c) Criminal sexual conduct is a crime easily charged by a 
 51.14  victim but very difficult to disprove by an accused because of 
 51.15  the heinous nature of the crime; or 
 51.16     (d) The jury should scrutinize the testimony of the victim 
 51.17  any more closely than it should scrutinize the testimony of any 
 51.18  witness in any felony prosecution.  
 51.19     Subd. 6.  (a) In a prosecution under sections 609.109 or 
 51.20  609.342 to 609.3451, or 609.3453, involving a psychotherapist 
 51.21  and patient, evidence of the patient's personal or medical 
 51.22  history is not admissible except when:  
 51.23     (1) the accused requests a hearing at least three business 
 51.24  days prior to trial and makes an offer of proof of the relevancy 
 51.25  of the history; and 
 51.26     (2) the court finds that the history is relevant and that 
 51.27  the probative value of the history outweighs its prejudicial 
 51.28  value.  
 51.29     (b) The court shall allow the admission only of specific 
 51.30  information or examples of conduct of the victim that are 
 51.31  determined by the court to be relevant.  The court's order shall 
 51.32  detail the information or conduct that is admissible and no 
 51.33  other evidence of the history may be introduced. 
 51.34     (c) Violation of the terms of the order is grounds for 
 51.35  mistrial but does not prevent the retrial of the accused.  
 51.36     Subd. 7.  [EFFECT OF STATUTE ON RULES.] Rule 412 of the 
 52.1   Rules of Evidence is superseded to the extent of its conflict 
 52.2   with this section. 
 52.3      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 52.4   and applies to crimes committed on or after that date. 
 52.5      Sec. 10.  Minnesota Statutes 2002, section 609.3471, is 
 52.6   amended to read: 
 52.7      609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY 
 52.8   CONFIDENTIAL.] 
 52.9      Notwithstanding any provision of law to the contrary, no 
 52.10  data contained in records or reports relating to petitions, 
 52.11  complaints, or indictments issued pursuant to section 609.342; 
 52.12  609.343; 609.344; or 609.345; or 609.3453, which specifically 
 52.13  identifies a victim who is a minor shall be accessible to the 
 52.14  public, except by order of the court.  Nothing in this section 
 52.15  authorizes denial of access to any other data contained in the 
 52.16  records or reports, including the identity of the defendant. 
 52.17     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 52.18  and applies to crimes committed on or after that date. 
 52.19     Sec. 11.  Minnesota Statutes 2002, section 609.348, is 
 52.20  amended to read: 
 52.21     609.348 [MEDICAL PURPOSES; EXCLUSION.] 
 52.22     Sections 609.109 and 609.342 to 609.3451 and 609.3453 do 
 52.23  not apply to sexual penetration or sexual contact when done for 
 52.24  a bona fide medical purpose. 
 52.25     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 52.26  and applies to crimes committed on or after that date. 
 52.27     Sec. 12.  Minnesota Statutes 2002, section 609.353, is 
 52.28  amended to read: 
 52.29     609.353 [JURISDICTION.] 
 52.30     A violation or attempted violation of section 609.342, 
 52.31  609.343, 609.344, 609.345, 609.3451, 609.3453, or 609.352 may be 
 52.32  prosecuted in any jurisdiction in which the violation originates 
 52.33  or terminates. 
 52.34     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 52.35  and applies to crimes committed on or after that date. 
 52.36     Sec. 13.  Minnesota Statutes 2002, section 631.045, is 
 53.1   amended to read: 
 53.2      631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.] 
 53.3      At the trial of a complaint or indictment for a violation 
 53.4   of sections 609.109, 609.341 to 609.3451, 609.3453, or 617.246, 
 53.5   subdivision 2, when a minor under 18 years of age is the person 
 53.6   upon, with, or against whom the crime is alleged to have been 
 53.7   committed, the judge may exclude the public from the courtroom 
 53.8   during the victim's testimony or during all or part of the 
 53.9   remainder of the trial upon a showing that closure is necessary 
 53.10  to protect a witness or ensure fairness in the trial.  The judge 
 53.11  shall give the prosecutor, defendant and members of the public 
 53.12  the opportunity to object to the closure before a closure order. 
 53.13  The judge shall specify the reasons for closure in an order 
 53.14  closing all or part of the trial.  Upon closure the judge shall 
 53.15  only admit persons who have a direct interest in the case. 
 53.16     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 53.17  and applies to crimes committed on or after that date. 
 53.18     Sec. 14.  [REVISOR INSTRUCTION.] 
 53.19     The revisor of statutes shall renumber Minnesota Statutes, 
 53.20  section 244.051, as Minnesota Statutes, section 244.0517, and 
 53.21  correct cross-references.  The revisor of statutes also shall 
 53.22  renumber Minnesota Statutes, section 609.3452, as Minnesota 
 53.23  Statutes, section 609.3462, and correct cross-references.  In 
 53.24  addition, the revisor shall delete the reference in Minnesota 
 53.25  Statutes, section 13.871, subdivision 3, paragraph (d), to 
 53.26  Minnesota Statutes, section 609.3452, and insert a reference to 
 53.27  Minnesota Statutes, section 609.3462.  The revisor shall include 
 53.28  a notation in Minnesota Statutes to inform readers of the 
 53.29  statutes of the renumbering of sections 244.051 and 609.3462. 
 53.30     [EFFECTIVE DATE.] This section is effective August 1, 2004.