SF 1197

as introduced - 89th Legislature (2015 - 2016) Posted on 02/27/2015 09:40am

A bill for an act
relating to public safety; providing for indeterminate lifetime and statutory
maximum sentences for certain repeat sex offenders; adjusting when certain sex
offenders are eligible for release from prison; establishing a special review panel
to make release decisions regarding sex offenders; precluding the subsequent
civil commitment of certain sex offenders subject to enhanced prison sentences;
providing for lifetime supervision for all sex offenders; requiring minimal levels
of sex offender treatment; requiring counties to provide housing for sex offenders
in the community; appropriating money; amending Minnesota Statutes 2014,
sections 244.05, subdivisions 1, 1b, 4, 5; 244.101, by adding a subdivision;
609.135, by adding a subdivision; 609.3455; proposing coding for new law in
Minnesota Statutes, chapter 244; repealing Minnesota Statutes 2014, section
609.3455, subdivision 6.

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

Section 1.

Minnesota Statutes 2014, section 244.05, subdivision 1, is amended to read:

Subdivision 1.

Supervised release required.

Except as provided in subdivisions
1b, 4, and 5, new text begin and section 609.3455, subdivision 1a, new text end every inmate shall serve a supervised
release term upon completion of the inmate's term of imprisonment as reduced by any
good time earned by the inmate or extended by confinement in punitive segregation
pursuant to section 244.04, subdivision 2. Except for a sex offender conditionally released
under Minnesota Statutes 2004, section 609.108, subdivision 5, the supervised release
term shall be equal to the period of good time the inmate has earned, and shall not exceed
the length of time remaining in the inmate's sentence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 244.05, subdivision 1b, is amended to read:

Subd. 1b.

Supervised release; offenders who commit crimes on or after August
1, 1993.

(a) Except as provided in subdivisions 4 and 5, new text begin and section 609.3455, subdivision
1a, new text end every inmate sentenced to prison for a felony offense committed on or after August
1, 1993, shall serve a supervised release term upon completion of the inmate's term of
imprisonment and any disciplinary confinement period imposed by the commissioner due
to the inmate's violation of any disciplinary rule adopted by the commissioner or refusal
to participate in a rehabilitative program required under section 244.03. The amount of
time the inmate serves on supervised release shall be equal in length to the amount of
time remaining in the inmate's executed sentence after the inmate has served the term of
imprisonment and any disciplinary confinement period imposed by the commissioner.

(b) No inmate who violates a disciplinary rule or refuses to participate in a
rehabilitative program as required under section 244.03 shall be placed on supervised
release until the inmate has served the disciplinary confinement period for that disciplinary
sanction or until the inmate is discharged or released from punitive segregation
confinement, whichever is later. The imposition of a disciplinary confinement period shall
be considered to be a disciplinary sanction imposed upon an inmate, and the procedure for
imposing the disciplinary confinement period and the rights of the inmate in the procedure
shall be those in effect for the imposition of other disciplinary sanctions at each state
correctional institution.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2014, section 244.05, subdivision 4, is amended to read:

Subd. 4.

Minimum imprisonment, life deleted text begin sentence deleted text end new text begin and statutory maximum
sentences new text end .

(a) An inmate serving a mandatory life sentence under section 609.106 or
609.3455, subdivision 2, must not be given supervised release under this section.

(b) An inmate serving a mandatory life sentence under section 609.185, clause (3),
(5), or (6); or Minnesota Statutes 2004, section 609.109, subdivision 3, must not be given
supervised release under this section without having served a minimum term of 30 years.

(c) An inmate serving a mandatory life sentence under section 609.385 must not
be given supervised release under this section without having served a minimum term of
imprisonment of 17 years.

(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision
3 or 4 new text begin , or a mandatory statutory maximum sentence under section 609.3455, subdivision
3b new text end , must not be given supervised release under this section without having served the
minimum term of imprisonment specified by the court in its sentence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2014, section 244.05, subdivision 5, is amended to read:

Subd. 5.

Supervised release, life deleted text begin sentence deleted text end new text begin and statutory maximum sentences new text end .

(a) The commissioner of corrections may, under rules promulgated by the commissioner,
give supervised release to an inmate serving a mandatory life sentence under section
609.185, clause (3), (5), or (6); deleted text begin 609.3455, subdivision 3 or 4; deleted text end 609.385; or Minnesota
Statutes 2004, section 609.109, subdivision 3, after the inmate has served the minimum
term of imprisonment specified in subdivision 4.

(b) new text begin The commissioner shall give supervised release to an inmate serving a sentence
under section 609.3455, subdivision 3, 3b, or 4, after the inmate has served the minimum
term of imprisonment specified by the court in section 609.3455, subdivision 5, when
directed to do so by the special review panel described in section 609.3455, subdivision 11.
new text end

new text begin (c) new text end The commissioner shall require the preparation of a community investigation
report and shall consider the findings of the report when making a supervised release
decision under this subdivision. The report shall reflect the sentiment of the various
elements of the community toward the inmate, both at the time of the offense and at the
present time. The report shall include the views of the sentencing judge, the prosecutor,
any law enforcement personnel who may have been involved in the case, and any
successors to these individuals who may have information relevant to the supervised
release decision. The report shall also include the views of the victim and the victim's
family unless the victim or the victim's family chooses not to participate.

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner shall make reasonable efforts to notify the victim, in
advance, of the time and place of the inmate's supervised release review hearing. The
victim has a right to submit an oral or written statement at the review hearing. The
statement may summarize the harm suffered by the victim as a result of the crime and
give the victim's recommendation on whether the inmate should be given supervised
release at this time. The commissioner must consider the victim's statement when making
the supervised release decision.

deleted text begin (d) deleted text end new text begin (e) new text end When considering whether to new text begin direct the commissioner to new text end give supervised
release to an inmate serving a life sentence under section 609.3455, subdivision 3 or 4, new text begin
paragraph (a), new text end the deleted text begin commissioner deleted text end new text begin special review panel described in section 609.3455,
subdivision 11, new text end shall consider, at a minimum, the following: the risk the inmate poses to
the community if released, the inmate's progress in treatment, the inmate's behavior while
incarcerated, psychological or other diagnostic evaluations of the inmate, the inmate's
criminal history, and any other relevant conduct of the inmate while incarcerated or
before incarceration. The deleted text begin commissioner deleted text end new text begin panel new text end may not new text begin direct the commissioner to new text end give
supervised release to the inmate unless:

(1) while in prison:

(i) the inmate has successfully completed appropriate sex offender treatment;

(ii) the inmate has been assessed for chemical dependency needs and, if appropriate,
has successfully completed chemical dependency treatment; and

(iii) the inmate has been assessed for mental health needs and, if appropriate, has
successfully completed mental health treatment; and

(2) a comprehensive individual release plan is in place for the inmate that ensures
that, after release, the inmate will have suitable housing and receive appropriate aftercare
and community-based treatment. The comprehensive plan also must include a postprison
employment or education plan for the inmate.

deleted text begin (e) deleted text end new text begin (f) new text end As used in this subdivision, "victim" means the individual who suffered
harm as a result of the inmate's crime or, if the individual is deceased, the deceased's
surviving spouse or next of kin.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

new text begin [244.059] SEX OFFENDERS; REQUIREMENT FOR COUNTIES TO
PROVIDE HOUSING.
new text end

new text begin (a) Each county, based on the number of offenders from the county under the
custody of the commissioner for violating sections 609.342 to 609.3453 in the previous
ten years, shall determine the average annual number of sex offenders from the county
under the commissioner's custody.
new text end

new text begin (b) Each county shall provide appropriate community housing options within the
county for sex offenders of at least an equal amount as the annual average determined in
paragraph (a).
new text end

Sec. 6.

Minnesota Statutes 2014, section 244.101, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Exception. new text end

new text begin This section does not apply to offenders receiving executed
sentences for violating section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision
3, or 609.3453. These offenders' sentences are governed by section 609.3455.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2014, section 609.135, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Mandatory lifetime probation for sex offenders. new text end

new text begin (a) When a court stays
the imposition or execution of sentence for a person convicted of violating section 609.342,
609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453, notwithstanding the
statutory maximum penalty otherwise applicable to the offense or subdivision 2, the court
shall place the person on probation for the reminder of the person's life.
new text end

new text begin (b) The court shall have continuing jurisdiction over persons placed on lifetime
probation under this subdivision. If the person fails to meet any condition of probation,
the court may order an appropriate sanction, including, but not limited to, incarcerating
the person for a period specified by the court in a local jail or workhouse or revoking the
probation and executing the person's sentence.
new text end

new text begin (c) If the court subsequently executes a person's sentence under paragraph (b), and
the person is later released from prison, the provisions of section 609.3455, subdivision 7,
apply and the person is no longer on lifetime probation.
new text end

new text begin (d) Unless the court orders a higher level of monitoring, a probation agent may use
low-intensity monitoring methods for an offender placed on lifetime probation but, at a
minimum, must require the offender to provide the agent with annual address verification
by mail.
new text end

new text begin (e) An offender may petition the court to remove lifetime probation if at least ten
years have passed since sentencing or the offender's last probation violation, whichever
occurred most recently. Unless the court determines that good cause exists to continue
probation, the court must grant the offender's petition if the offender was not convicted of
another crime during the probationary period. If the court rejects the offender's petition,
the offender may not submit another application until two years after the date the court
denied the offender's last petition.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2014, section 609.3455, is amended to read:

609.3455 deleted text begin DANGEROUS deleted text end SEX OFFENDERS; LIFE new text begin AND STATUTORY
MAXIMUM new text end SENTENCES; new text begin RELEASE ELIGIBILITY; SPECIAL REVIEW
PANEL; new text end CONDITIONAL RELEASE.

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have
the meanings given.

(b) "Conviction" includes a conviction as an extended jurisdiction juvenile under
section 260B.130 for a violation of, or an attempt to violate, section 609.342, 609.343,
609.344, or 609.3453, if the adult sentence has been executed.

(c) "Extreme inhumane conditions" mean situations where, either before or after
the sexual penetration or sexual contact, the offender knowingly causes or permits the
complainant to be placed in a situation likely to cause the complainant severe ongoing
mental, emotional, or psychological harm, or causes the complainant's death.

(d) A "heinous element" includes:

(1) the offender tortured the complainant;

(2) the offender intentionally inflicted great bodily harm upon the complainant;

(3) the offender intentionally mutilated the complainant;

(4) the offender exposed the complainant to extreme inhumane conditions;

(5) the offender was armed with a dangerous weapon or any article used or fashioned
in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
used or threatened to use the weapon or article to cause the complainant to submit;

(6) the offense involved sexual penetration or sexual contact with more than one
victim;

(7) the offense involved more than one perpetrator engaging in sexual penetration or
sexual contact with the complainant; or

(8) the offender, without the complainant's consent, removed the complainant from
one place to another and did not release the complainant in a safe place.

(e) "Mutilation" means the intentional infliction of physical abuse designed to cause
serious permanent disfigurement or permanent or protracted loss or impairment of the
functions of any bodily member or organ, where the offender relishes the infliction of the
abuse, evidencing debasement or perversion.

(f) A conviction is considered a "previous sex offense conviction" if the offender was
convicted and sentenced for a sex offense before the commission of the present offense.

(g) A conviction is considered a "prior sex offense conviction" if the offender was
convicted of committing a sex offense before the offender has been convicted of the
present offense, regardless of whether the offender was convicted for the first offense
before the commission of the present offense, and the convictions involved separate
behavioral incidents.

(h) "Sex offense" means any violation of, or attempt to violate, section 609.342,
609.343, 609.344, 609.345, 609.3451, new text begin subdivision 3, new text end 609.3453, or any similar statute of
the United States, this state, or any other state.

(i) new text begin "Special review panel" or "panel" means the special review panel described
in subdivision 11.
new text end

new text begin (j) new text end "Torture" means the intentional infliction of extreme mental anguish, or extreme
psychological or physical abuse, when committed in an especially depraved manner.

deleted text begin (j) deleted text end new text begin (k) new text end An offender has "two previous sex offense convictions" only if the offender
was convicted and sentenced for a sex offense committed after the offender was earlier
convicted and sentenced for a sex offense and both convictions preceded the commission
of the present offense of conviction.

new text begin Subd. 1a. new text end

new text begin Executed sentences; no right to release upon completion of term of
imprisonment. new text end

new text begin (a) A person who receives an executed sentence for a violation of section
609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453 is not entitled
to be released upon completion of the person's term of imprisonment and any disciplinary
confinement period imposed by the commissioner. Instead, the person must petition the
special review panel for release under subdivision 12.
new text end

new text begin (b) A person described in paragraph (a) may not be imprisoned under this
subdivision for a period that is longer than the person's executed sentence.
new text end

new text begin (c) This subdivision does not apply to persons sentenced under subdivision 2, 3, 3a,
3b, or 4.
new text end

Subd. 2.

Mandatory life sentence without release; egregious first-time and
repeat offenders.

(a) Notwithstanding the statutory maximum penalty otherwise
applicable to the offense, the court shall sentence a person convicted under section
609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h); or 609.343, subdivision 1,
paragraph (c), (d), (e), (f), or (h), to life without the possibility of release if:

(1) the fact finder determines that two or more heinous elements exist; or

(2) the person has a previous sex offense conviction for a violation of section
609.342, 609.343, or 609.344, and the fact finder determines that a heinous element exists
for the present offense.

(b) A fact finder may not consider a heinous element if it is an element of the
underlying specified violation of section 609.342 or 609.343. In addition, when
determining whether two or more heinous elements exist, the fact finder may not use the
same underlying facts to support a determination that more than one element exists.

Subd. 3.

Mandatory life sentence for egregious first-time offenders.

(a)
Notwithstanding the statutory maximum penalty otherwise applicable to the offense, the
court shall sentence a person to imprisonment for life if the person is convicted under
section 609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h), or 609.343, subdivision
1, paragraph (c), (d), (e), (f), or (h); and the fact finder determines that a heinous element
exists.

(b) The fact finder may not consider a heinous element if it is an element of the
underlying specified violation of section 609.342 or 609.343.

Subd. 3a.

Mandatory sentence for certain engrained offenders.

(a) A court shall
commit a person to the commissioner of corrections for a period of time that is not less
than double the presumptive sentence under the sentencing guidelines and not more than
the statutory maximum, or if the statutory maximum is less than double the presumptive
sentence, for a period of time that is equal to the statutory maximum, if:

(1) the court is imposing an executed sentence on a person convicted of committing
or attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, or
609.3453;

(2) the fact finder determines that the offender is a danger to public safety; and

(3) the fact finder determines that the offender's criminal sexual behavior is so
engrained that the risk of reoffending is great without intensive psychotherapeutic
intervention or other long-term treatment or supervision extending beyond the presumptive
term of imprisonment and supervised release.

(b) The fact finder shall base its determination that the offender is a danger to public
safety on any of the following factors:

(1) the crime involved an aggravating factor that would justify a durational departure
from the presumptive sentence under the sentencing guidelines;

(2) the offender previously committed or attempted to commit a predatory crime
or a violation of section 609.224 or 609.2242, including:

(i) an offense committed as a juvenile that would have been a predatory crime or a
violation of section 609.224 or 609.2242 if committed by an adult; or

(ii) a violation or attempted violation of a similar law of any other state or the United
States; or

(3) the offender planned or prepared for the crime prior to its commission.

(c) As used in this section, "predatory crime" has the meaning given in section
609.341, subdivision 22.

new text begin Subd. 3b. new text end

new text begin Mandatory statutory maximum sentence; repeat offenders. new text end

new text begin The court
shall sentence a person to imprisonment for the statutory maximum period applicable to
the offense if the person is convicted under section 609.342, 609.343, 609.344, 609.345,
or 609.3453 and the person has a previous or prior sex offense conviction.
new text end

Subd. 4.

Mandatory life sentence; repeat offenders.

(a) Notwithstanding the
statutory maximum penalty otherwise applicable to the offense, the court shall sentence a
person to imprisonment for life if the person is convicted of violating section 609.342,
609.343, 609.344, 609.345, or 609.3453 and:

(1) the person has two previous sex offense convictions; new text begin or
new text end

(2) the person has a previous sex offense conviction and:

(i) the fact finder determines that the present offense involved an aggravating factor
that would provide grounds for an upward durational departure under the sentencing
guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
convictions;

(ii) the person received an upward durational departure from the sentencing
guidelines for the previous sex offense conviction; or

(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for the previous sex offense conviction deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (3) the person has two prior sex offense convictions, and the fact finder determines
that the prior convictions and present offense involved at least three separate victims, and:
deleted text end

deleted text begin (i) the fact finder determines that the present offense involved an aggravating factor
that would provide grounds for an upward durational departure under the sentencing
guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
convictions;
deleted text end

deleted text begin (ii) the person received an upward durational departure from the sentencing
guidelines for one of the prior sex offense convictions; or
deleted text end

deleted text begin (iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for one of the prior sex offense convictions.
deleted text end

(b) new text begin Notwithstanding the statutory maximum penalty otherwise applicable to the
offense, the court shall sentence a person to imprisonment for life if the person is convicted
of violating section 609.342, 609.343, 609.344, 609.345, or 609.3453 and the person has
two or more previous or prior sex offense convictions.
new text end

new text begin (c) new text end Notwithstanding deleted text begin paragraph deleted text end new text begin paragraphs new text end (a) new text begin and (b) new text end , a court may not sentence a
person to imprisonment for life for a violation of section 609.345, unless the person's
previous or prior sex offense convictions that are being used as the basis for the sentence
are for violations of section 609.342, 609.343, 609.344, or 609.3453, or any similar statute
of the United States, this state, or any other state.

new text begin Subd. 4a. new text end

new text begin Exception to certain mandatory sentences. new text end

new text begin The mandatory sentences
described in subdivisions 3b and 4, paragraph (b), do not apply to persons convicted of
violating section 609.342, subdivision 1, paragraph (b) or (g); 609.343, subdivision 1,
paragraph (b) or (g); 609.344, subdivision 1, paragraph (b), (e), (f), (h), (i), (j), (k), (l),
(m), (n), or (o); or 609.345, subdivision 1, paragraph (b), (e), (f), (h), (i), (j), (k), (l), (m),
(n), or (o) unless the fact finder determines that the required prior sex offense conviction
or, if applicable, convictions and the present offense each involved separate victims. This
exception applies only to determining whether a prior sex offense conviction triggers
a sentence under subdivision 3b or 4, paragraph (b). It does not apply to determining
whether a previous sex offense conviction triggers the sentence.
new text end

new text begin Subd. 4b. new text end

new text begin Statutory maximum and lifetime sentences; stay of imposition
or execution. new text end

new text begin A court may stay execution of a sentence described in subdivision 3b
or subdivision 4, paragraph (b), but may not stay the imposition or adjudication of the
sentence. If a stay of execution is a departure from the sentencing guidelines, the court
shall make written findings of fact as to the reasons for the departure.
new text end

Subd. 5.

deleted text begin Life deleted text end new text begin Indeterminate new text end sentences; minimum term of imprisonment.

At
the time of sentencing under subdivision 3 new text begin , 3b, new text end or 4, the court shall specify a minimum
term of imprisonment, based on the sentencing guidelines or any applicable mandatory
minimum sentence, that must be served before the offender may be considered for
supervised release. new text begin This minimum term is subject to section 244.101, subdivision 1, and is
equal to two-thirds of the sentence the court pronounces.
new text end

Subd. 6.

Mandatory ten-year conditional release term.

Notwithstanding the
statutory maximum sentence otherwise applicable to the offense and unless a longer
conditional release term is required in subdivision 7, when a court commits an offender
to the custody of the commissioner of corrections for a violation of section 609.342,
609.343, 609.344, 609.345, or 609.3453, the court shall provide that, after the offender
has been released from prison, the commissioner shall place the offender on conditional
release for ten years.

Subd. 7.

Mandatory lifetime conditional release term.

deleted text begin (a) deleted text end new text begin Notwithstanding the
statutory maximum penalty applicable to the offense, new text end when a court sentences an offender
deleted text begin under subdivision 3 or 4, deleted text end new text begin to the custody of the commissioner of corrections for a violation
of section 609.342, 609.343, 609.345, 609.3451, subdivision 3, or 609.3453, new text end the court
shall provide that, if the offender is released from prison, the commissioner of corrections
shall place the offender on conditional release for the remainder of the offender's life.

deleted text begin (b) Notwithstanding the statutory maximum sentence otherwise applicable to the
offense, when the court commits an offender to the custody of the commissioner of
corrections for a violation of section 609.342, 609.343, 609.344, 609.345, or 609.3453,
and the offender has a previous or prior sex offense conviction, the court shall provide
that, after the offender has been released from prison, the commissioner shall place the
offender on conditional release for the remainder of the offender's life.
deleted text end

deleted text begin (c) Notwithstanding paragraph (b), an offender may not be placed on lifetime
conditional release for a violation of section 609.345, unless the offender's previous or
prior sex offense conviction is for a violation of section 609.342, 609.343, 609.344, or
609.3453, or any similar statute of the United States, this state, or any other state.
deleted text end

Subd. 8.

Terms of conditional release; applicable to all sex offenders.

(a) The
provisions of this subdivision relating to conditional release apply to all sex offenders
sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, new text begin
609.3451, subdivision 3, new text end or 609.3453. Except as provided in this subdivision, conditional
release of sex offenders is governed by provisions relating to supervised release. The
commissioner of corrections may not dismiss an offender on conditional release from
supervision until the offender's conditional release term expires.

(b) The conditions of release may include successful completion of treatment
and aftercare in a program approved by the commissioner, satisfaction of the release
conditions specified in section 244.05, subdivision 6, and any other conditions the
commissioner considers appropriate. The commissioner shall develop a plan to pay the
cost of treatment of a person released under this subdivision. The plan may include
co-payments from offenders, third-party payers, local agencies, or other funding sources
as they are identified. This section does not require the commissioner to accept or retain
an offender in a treatment program. Before the offender is placed on conditional release,
the commissioner shall notify the sentencing court and the prosecutor in the jurisdiction
where the offender was sentenced of the terms of the offender's conditional release. The
commissioner also shall make reasonable efforts to notify the victim of the offender's
crime of the terms of the offender's conditional release.

(c) If the offender fails to meet any condition of release, the commissioner may
revoke the offender's conditional release and order that the offender serve all or a part of
the remaining portion of the conditional release term in prison. An offender, while on
supervised release, is not entitled to credit against the offender's conditional release term
for time served in confinement for a violation of release.

Subd. 9.

Applicability.

The provisions of this section do not affect the applicability
of Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005,
or the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.

Subd. 10.

Presumptive executed sentence for repeat sex offenders.

Except as
provided in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to
609.345 or 609.3453 within 15 years of a previous sex offense conviction, the court shall
commit the defendant to the commissioner of corrections for not less than three years, nor
more than the maximum sentence provided by law for the offense for which convicted,
notwithstanding sections 242.19, 243.05, 609.11, 609.12, and 609.135. The court may
stay the execution of the sentence imposed under this subdivision only if it finds that a
professional assessment indicates the offender is accepted by and can respond to treatment
at a long-term inpatient program exclusively treating sex offenders and approved by the
commissioner of corrections. If the court stays the execution of a sentence, it shall include
the following as conditions of probation:

(1) incarceration in a local jail or workhouse; and

(2) a requirement that the offender successfully complete the treatment program and
aftercare as directed by the court.

new text begin Subd. 11. new text end

new text begin Special review panel. new text end

new text begin A special review panel is established and is
governed by section 15.0575, except as otherwise provided in this subdivision. The panel
consists of the commissioner of corrections or a designee and two retired judges appointed
by the chief justice of the Supreme Court. The commissioner shall convene the panel's
first meeting. The panel shall choose a chair from among its members. The panel shall
meet at the call of the chair. The panel shall hear and consider all petitions for supervised
release from imprisonment under subdivision 12 and determine whether to direct the
commissioner of corrections to give supervised release to the petitioner.
new text end

new text begin Subd. 12. new text end

new text begin Petition for release; hearing. new text end

new text begin (a) A person sentenced under subdivision
1a, 3, 3b, or 4 may petition the special review panel for supervised release as provided
in this subdivision. The panel shall hold a hearing on each petition for release before
making any determination. Within 45 days of the filing of the petition, the panel shall
give written notice of the time and place of the hearing before the panel to all interested
parties, including the petitioner, the petitioner's attorney if applicable, law enforcement
and correctional personnel involved in the case, the sentencing court, the county attorney's
office that prosecuted the case, and any victims of the crime who have indicated a desire
to be notified. The hearing must be recorded and held on the record. The petitioner may
present witnesses on the petitioner's behalf. The county attorney who prosecuted the case,
the sentencing judge, law enforcement and correctional personnel involved in the case, the
victim and the victim's family members, and any other interested party may submit a written
or oral statement at the hearing addressing the appropriateness of the inmate's release.
new text end

new text begin (b) If the panel votes to direct the commissioner to give supervised release to the
petitioner, the commissioner shall do so no later than 14 days after the panel's determination.
new text end

new text begin (c) If the panel rejects the inmate's petition for supervised release, it shall specify in
writing the reasons for the rejection. Unless the panel specifies a shorter time period, the
inmate may not petition for supervised release again until:
new text end

new text begin (1) for inmates sentenced under subdivision 3, 3b, or 4, 36 months have elapsed
since the rejection; and
new text end

new text begin (2) for inmates sentenced under subdivision 1a, 18 months have elapsed since the
rejection.
new text end

new text begin (d) A person may initially petition for supervised release under this subdivision
once the person is within 90 days of having served the minimum term of imprisonment
specified by the court. However, no person may actually be released before serving the
minimum term.
new text end

new text begin Subd. 13. new text end

new text begin Criteria for release. new text end

new text begin (a) When considering whether to order the
commissioner of corrections to give supervised release to an inmate serving a sentence
under subdivision 1a, 3b, or 4, paragraph (b), the panel shall consider, at a minimum, the
following: the risk the inmate poses to the community if released, the inmate's progress
in treatment, the inmate's behavior while incarcerated, psychological or other diagnostic
evaluations of the inmate, the inmate's criminal history, the ability of the inmate to readjust
to open society, the testimony or statements of individuals with an interest in the case
made at the hearing, and any other relevant conduct of the inmate while incarcerated
or before incarceration. The panel may not direct the commissioner to give supervised
release to an inmate unless, while in prison, the inmate has successfully completed
appropriate sex offender treatment.
new text end

new text begin (b) When making a supervised release decision under paragraph (a), the panel shall
presume that an inmate who has successfully completed appropriate sex offender treatment
while in prison should be given supervised release. However, the panel shall deny the
inmate supervised release if it determines that supervised release is not appropriate based
on the factors specified in paragraph (a).
new text end

new text begin (c) The panel shall make a decision on directing the supervised release of an
inmate sentenced under subdivision 3 or 4, paragraph (a), as provided in section 244.05,
subdivision 5.
new text end

new text begin (d) The commissioner shall prepare a community investigation report as described in
section 244.05, subdivision 5, paragraph (b), on an inmate who is petitioning for release
under subdivision 12.
new text end

new text begin Subd. 14. new text end

new text begin Administrative support. new text end

new text begin The Department of Corrections shall provide
office space and administrative support to the special review panel.
new text end

new text begin Subd. 15. new text end

new text begin Civil commitment precluded. new text end

new text begin A person sentenced under subdivision 3,
3b, or 4 is not subject to subsequent commitment under chapter 253D.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 9. new text begin DEPARTMENT OF CORRECTIONS SEX OFFENDER TREATMENT.
new text end

new text begin In fiscal year 2016 and later, the commissioner of corrections shall ensure that
the department provides at least the same level of sex offender treatment as provided in
fiscal year 2015, and shall attempt to provide an increased level of treatment beyond
the fiscal year 2015 level.
new text end

Sec. 10. new text begin APPROPRIATION.
new text end

new text begin $....... for the fiscal year ending June 30, 2016, and $....... for the fiscal year ending
June 30, 2017, are appropriated from the general fund to the commissioner of corrections
to provide increased sex offender treatment.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 609.3455, subdivision 6, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end