SF 1347

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; requiring a sex offender 
  1.3             assessment for certain repeat sex offenders; amending 
  1.4             Minnesota Statutes 2000, section 609.3452, subdivision 
  1.5             1, by adding subdivisions. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 609.3452, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [ASSESSMENT REQUIRED.] When a person is 
  1.10  convicted of a violation of section 609.342; 609.343; 609.344; 
  1.11  609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23, or 
  1.12  another offense arising out of a charge based on one or more of 
  1.13  those sections sex offense, the court shall order an independent 
  1.14  professional assessment of the offender's need for sex offender 
  1.15  treatment.  The court may waive the assessment if:  (1) the 
  1.16  sentencing guidelines provide a presumptive prison sentence for 
  1.17  the offender, or (2) an adequate assessment was conducted prior 
  1.18  to the conviction.  An assessor providing an assessment for the 
  1.19  court must be experienced in the evaluation and treatment of sex 
  1.20  offenders. 
  1.21     Sec. 2.  Minnesota Statutes 2000, section 609.3452, is 
  1.22  amended by adding a subdivision to read: 
  1.23     Subd. 1a.  [REPEAT OFFENDERS; MANDATORY ASSESSMENT.] When a 
  1.24  person is convicted of a felony-level sex offense, and the 
  1.25  person has previously been convicted of a sex offense regardless 
  2.1   of the penalty level, the court shall order a sex offender 
  2.2   assessment to be completed by the Minnesota security hospital.  
  2.3   The assessment must contain the facts upon which the assessment 
  2.4   conclusion is based, with reference to the offense history of 
  2.5   the offender or the severity of the current offense, the social 
  2.6   history of the offender, and the results of an examination of 
  2.7   the offender's mental status unless the offender refuses to be 
  2.8   examined.  The assessment conclusion may not be based on testing 
  2.9   alone.  Upon completion, the assessment must be forwarded to the 
  2.10  court and the commissioner of corrections.  The court shall 
  2.11  consider the assessment when sentencing the offender and, if 
  2.12  applicable, when making the preliminary determination regarding 
  2.13  the appropriateness of a civil commitment petition under section 
  2.14  609.1351. 
  2.15     Sec. 3.  Minnesota Statutes 2000, section 609.3452, is 
  2.16  amended by adding a subdivision to read: 
  2.17     Subd. 4.  [DEFINITION.] As used in this section, "sex 
  2.18  offense" means a violation of section 609.342; 609.343; 609.344; 
  2.19  609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23; or 
  2.20  another offense arising out of a charge based on one or more of 
  2.21  those sections. 
  2.22     Sec. 4.  [EFFECTIVE DATE.] 
  2.23     Sections 1 to 3 are effective the day following final 
  2.24  enactment.