HF 3638

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; requiring sex offenders to 
  1.3             successfully complete treatment before release; 
  1.4             appropriating money; amending Minnesota Statutes 1996, 
  1.5             section 609.346, subdivision 5, and by adding a 
  1.6             subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 609.346, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 4a.  [MANDATORY SEX OFFENDER 
  1.11  TREATMENT.] Notwithstanding the statutory maximum sentence 
  1.12  otherwise applicable to the offense or any provision of the 
  1.13  sentencing guidelines, when a court sentences a person to prison 
  1.14  for a violation of section 609.342, 609.343, 609.344, or 
  1.15  609.345, the commissioner of corrections shall require the 
  1.16  person to successfully complete sex offender treatment before 
  1.17  releasing the person.  A corrections department staff 
  1.18  psychologist must certify that the person has successfully 
  1.19  completed treatment based upon a one-on-one referral review. 
  1.20     Sec. 2.  Minnesota Statutes 1996, section 609.346, 
  1.21  subdivision 5, is amended to read: 
  1.22     Subd. 5.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
  1.23  Notwithstanding the statutory maximum sentence otherwise 
  1.24  applicable to the offense or any provision of the sentencing 
  1.25  guidelines, when a court sentences a person to prison for a 
  1.26  violation of section 609.342, 609.343, 609.344, or 609.345, the 
  2.1   court shall provide that after the person has completed the 
  2.2   sentence imposed and successfully completed sex offender 
  2.3   treatment as required in subdivision 4a, the commissioner of 
  2.4   corrections shall place the person on conditional release.  If 
  2.5   the person was convicted for a violation of section 609.342, 
  2.6   609.343, 609.344, or 609.345, the person shall be placed on 
  2.7   conditional release for five years, minus the time the person 
  2.8   served on supervised release.  If the person was convicted for a 
  2.9   violation of one of those sections a second or subsequent time, 
  2.10  or sentenced under subdivision 4 to a mandatory departure, the 
  2.11  person shall be placed on conditional release for ten years, 
  2.12  minus the time the person served on supervised release. 
  2.13     (b) The conditions of release may include successful 
  2.14  completion of treatment and aftercare in a program approved by 
  2.15  the commissioner, satisfaction of the release conditions 
  2.16  specified in section 244.05, subdivision 6, and any other 
  2.17  conditions the commissioner considers appropriate.  If the 
  2.18  offender fails to meet any condition of release, the 
  2.19  commissioner may revoke the offender's conditional release and 
  2.20  order that the offender serve the remaining portion of the 
  2.21  conditional release term in prison.  The commissioner shall not 
  2.22  dismiss the offender from supervision before the conditional 
  2.23  release term expires. 
  2.24     Conditional release under this subdivision is governed by 
  2.25  provisions relating to supervised release, except as otherwise 
  2.26  provided in this subdivision, section 244.04, subdivision 1, or 
  2.27  244.05. 
  2.28     (c) The commissioner shall pay the cost of treatment of a 
  2.29  person released under this subdivision.  This section does not 
  2.30  require the commissioner to accept or retain an offender in a 
  2.31  treatment program. 
  2.32     Sec. 3.  [APPROPRIATION; CORRECTIONS DEPARTMENT STAFF 
  2.33  PSYCHOLOGIST.] 
  2.34     $....... is appropriated from the general fund to the 
  2.35  commissioner of corrections to be used for an increase in 
  2.36  complement of one staff psychologist to do sex offender 
  3.1   treatment reviews described in Minnesota Statutes, section 
  3.2   609.346, subdivision 4a.  This appropriation is available until 
  3.3   June 30, 1999.