SF 107

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/12/2023 08:50am

A bill for an act
relating to public safety; requiring that level III predatory offenders be subject to
electronic surveillance while under community correctional supervision;
appropriating money; amending Minnesota Statutes 2022, section 244.05,
subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 244.05, subdivision 6, is amended to read:

Subd. 6.

Intensive supervised release.

(a) The commissioner may order that an inmate
be placed on intensive supervised release for all or part of the inmate's supervised release
or parole term if the commissioner determines that the action will further the goals described
in section 244.14, subdivision 1, clauses (2), (3), and (4). In addition, the commissioner
may order that an inmate be placed on intensive supervised release for all of the inmate's
conditional or supervised release term if the inmate was convicted of a sex offense under
section 609.342, 609.343, 609.344, 609.345, or 609.3453 or was sentenced under the
provisions of section 609.3455, subdivision 3a. The commissioner shall order that all level
III predatory offenders be placed on intensive supervised release new text begin , which must include
electronic surveillance, new text end for the entire supervised release, conditional release, or parole term.

(b) The commissioner may impose appropriate conditions of release on the inmate
including but not limited to unannounced searches of the inmate's person, vehicle, premises,
computer, or other electronic devices capable of accessing the Internet by an intensive
supervision agent; compliance with court-ordered restitution, if any; random drug testing;
house arrest; daily curfews; frequent face-to-face contacts with an assigned intensive
supervision agent; work, education, or treatment requirements; and electronic surveillance.
In addition, any sex offender placed on intensive supervised release may be ordered to
participate in an appropriate sex offender program as a condition of release.

(c) As a condition of release for an inmate required to register under section 243.166
who is placed on intensive supervised release under this subdivision, the commissioner shall
prohibit the inmate from accessing, creating, or maintaining a personal web page, profile,
account, password, or user name for: (1) a social networking website, or (2) an instant
messaging or chat room program, which permits persons under the age of 18 to become a
member or to create or maintain a personal web page. An intensive supervised release agent
may modify the prohibition described in this paragraph if doing so does not jeopardize
public safety and the modification is specifically described and agreed to in advance by the
agent.

(d) If the inmate violates the conditions of the intensive supervised release, the
commissioner shall impose sanctions as provided in subdivision 3 and section 609.3455.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to offenders
placed on intensive supervised release on or after that date.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2024 is appropriated from the general fund to the commissioner of
corrections to implement section 1.
new text end