SF 1436

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:20am

A bill for an act
relating to human services; modifying provisions relating to the Minnesota sex
offender program; creating additional oversight to the Minnesota sex offender
program; creating a client grievance process; allowing access to the statewide
supervision system; making changes to the vocational work program; requiring a
report; imposing criminal penalties; amending Minnesota Statutes 2008, sections
16C.10, subdivision 5; 168.012, subdivision 1; 246B.01, by adding subdivisions;
246B.02; 246B.03; 246B.05; 246B.06; 609.485, subdivisions 2, 4; proposing
coding for new law in Minnesota Statutes, chapter 246B.

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

Section 1.

Minnesota Statutes 2008, section 16C.10, subdivision 5, is amended to read:

Subd. 5.

Specific purchases.

The solicitation process described in this chapter is
not required for acquisition of the following:

(1) merchandise for resale purchased under policies determined by the commissioner;

(2) farm and garden products which, as determined by the commissioner, may be
purchased at the prevailing market price on the date of sale;

(3) goods and services from the Minnesota correctional facilities;

(4) goods and services from rehabilitation facilities and extended employment
providers that are certified by the commissioner of employment and economic
development, and day training and habilitation services licensed under sections 245B.01
to 245B.08;

(5) goods and services for use by a community-based facility operated by the
commissioner of human services;

(6) goods purchased at auction or when submitting a sealed bid at auction provided
that before authorizing such an action, the commissioner consult with the requesting
agency to determine a fair and reasonable value for the goods considering factors
including, but not limited to, costs associated with submitting a bid, travel, transportation,
and storage. This fair and reasonable value must represent the limit of the state's bid; deleted text begin and
deleted text end

(7) utility services where no competition exists or where rates are fixed by law
or ordinance deleted text begin . deleted text end new text begin ; and
new text end

new text begin (8) goods and services from Minnesota sex offender program facilities.
new text end

Sec. 2.

Minnesota Statutes 2008, section 168.012, subdivision 1, is amended to read:

Subdivision 1.

Vehicles exempt from tax, fees, or plate display.

(a) The following
vehicles are exempt from the provisions of this chapter requiring payment of tax and
registration fees, except as provided in subdivision 1c:

(1) vehicles owned and used solely in the transaction of official business by the
federal government, the state, or any political subdivision;

(2) vehicles owned and used exclusively by educational institutions and used solely
in the transportation of pupils to and from those institutions;

(3) vehicles used solely in driver education programs at nonpublic high schools;

(4) vehicles owned by nonprofit charities and used exclusively to transport disabled
persons for charitable, religious, or educational purposes;

(5) vehicles owned by nonprofit charities and used exclusively for disaster response
and related activities;

(6) vehicles owned by ambulance services licensed under section 144E.10, that
are equipped and specifically intended for emergency response or providing ambulance
services; and

(7) vehicles owned by a commercial driving school licensed under section 171.34,
or an employee of a commercial driving school licensed under section 171.34, and the
vehicle is used exclusively for driver education and training.

(b) Vehicles owned by the federal government, municipal fire apparatuses including
fire-suppression support vehicles, police patrols, and ambulances, the general appearance
of which is unmistakable, are not required to register or display number plates.

(c) Unmarked vehicles used in general police work, liquor investigations, or arson
investigations, and passenger automobiles, pickup trucks, and buses owned or operated by
the Department of Corrections, must be registered and must display appropriate license
number plates, furnished by the registrar at cost. Original and renewal applications for
these license plates authorized for use in general police work and for use by the Department
of Corrections must be accompanied by a certification signed by the appropriate chief of
police if issued to a police vehicle, the appropriate sheriff if issued to a sheriff's vehicle,
the commissioner of corrections if issued to a Department of Corrections vehicle, or the
appropriate officer in charge if issued to a vehicle of any other law enforcement agency.
The certification must be on a form prescribed by the commissioner and state that the
vehicle will be used exclusively for a purpose authorized by this section.

(d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
fraud unit, in conducting seizures or criminal investigations must be registered and must
display passenger vehicle classification license number plates, furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates
must be accompanied by a certification signed by the commissioner of revenue or the
commissioner of labor and industry. The certification must be on a form prescribed by
the commissioner and state that the vehicles will be used exclusively for the purposes
authorized by this section.

(e) Unmarked vehicles used by the Division of Disease Prevention and Control of the
Department of Health must be registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost by the registrar. Original
and renewal applications for these passenger vehicle license plates must be accompanied
by a certification signed by the commissioner of health. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Division of Disease Prevention and Control.

(f) Unmarked vehicles used by staff of the Gambling Control Board in gambling
investigations and reviews must be registered and must display passenger vehicle
classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates must
be accompanied by a certification signed by the board chair. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Gambling Control Board.

(g) new text begin Unmarked vehicles used in general investigation, surveillance, supervision,
and monitoring by the staff of the Department of Human Services Office of Special
Investigations and the executive director of the Minnesota sex offender program must
be registered and must display passenger vehicle classification license number plates,
furnished by the registrar at cost. Original and renewal applications for passenger vehicle
license plates must be accompanied by a certification signed by the commissioner of
human services. The certification must be on a form prescribed by the commissioner and
state that the vehicles must be used exclusively for the official duties of the Office of
Special Investigations and the executive director of the Minnesota sex offender program.
new text end

new text begin (h) new text end Each state hospital and institution for persons who are mentally ill and
developmentally disabled may have one vehicle without the required identification on
the sides of the vehicle. The vehicle must be registered and must display passenger
vehicle classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates must
be accompanied by a certification signed by the hospital administrator. The certification
must be on a form prescribed by the commissioner and state that the vehicles will be used
exclusively for the official duties of the state hospital or institution.

deleted text begin (h) deleted text end new text begin (i) new text end Each county social service agency may have vehicles used for child and
vulnerable adult protective services without the required identification on the sides of the
vehicle. The vehicles must be registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost by the registrar. Original
and renewal applications for these passenger vehicle license plates must be accompanied
by a certification signed by the agency administrator. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used exclusively for the
official duties of the social service agency.

deleted text begin (i) deleted text end new text begin (j) new text end All other motor vehicles must be registered and display tax-exempt number
plates, furnished by the registrar at cost, except as provided in subdivision 1c. All
vehicles required to display tax-exempt number plates must have the name of the state
department or political subdivision, nonpublic high school operating a driver education
program, licensed commercial driving school, or other qualifying organization or entity,
plainly displayed on both sides of the vehicle. This identification must be in a color
giving contrast with that of the part of the vehicle on which it is placed and must endure
throughout the term of the registration. The identification must not be on a removable
plate or placard and must be kept clean and visible at all times; except that a removable
plate or placard may be utilized on vehicles leased or loaned to a political subdivision or
to a nonpublic high school driver education program.

Sec. 3.

Minnesota Statutes 2008, section 246B.01, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Client. new text end

new text begin "Client" means a person who is admitted to the Minnesota sex
offender program or subject to a court hold order under section 253B.185 for the purpose
of assessment, diagnosis, care, treatment, supervision, or other services provided by the
Minnesota sex offender program.
new text end

Sec. 4.

Minnesota Statutes 2008, section 246B.01, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Community preparation services. new text end

new text begin Community preparation services are
specialized residential services or programs operated or administered by the Minnesota
sex offender program outside of a secure treatment facility. Community preparation
services are designed to assist clients in developing the appropriate skills and resources
necessary for an eventual successful reintegration into a community. A client may be
placed in community preparation services only upon an order of the judicial appeal panel
under section 253B.19.
new text end

Sec. 5.

Minnesota Statutes 2008, section 246B.01, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Executive director. new text end

new text begin "Executive director" means the person who is
charged with overall responsibility for the operation of the Minnesota sex offender
program, or the person's designee.
new text end

Sec. 6.

Minnesota Statutes 2008, section 246B.02, is amended to read:

246B.02 ESTABLISHMENT OF MINNESOTA SEX OFFENDER PROGRAM.

The commissioner of human services shall establish and maintain deleted text begin a secure facility
located in Moose Lake. The facility shall be operated by deleted text end the Minnesota sex offender
program. deleted text begin The program shall provide care and treatment in secure treatment facilities
to persons on a court-hold order and residing in a secure treatment facility or program
pending commitment or committed by the courts as sexual psychopathic personalities
or sexually dangerous persons. deleted text end new text begin The program shall provide specialized sex offender
assessment, diagnosis, care, treatment, supervision, and other services to clients as defined
in section 246B.01, subdivision 1a. Services may include specialized programs at secure
treatment facilities as defined in section 253B.02, subdivision 18a, consultative services,
aftercare services, community-based services and programs, transition services, or other
services consistent with the mission of the Department of Human Services.
new text end

Sec. 7.

Minnesota Statutes 2008, section 246B.03, is amended to read:

246B.03 LICENSURE new text begin , EVALUATION, AND GRIEVANCE RESOLUTION new text end .

new text begin Subdivision 1. new text end

new text begin Licensure. new text end

The commissioner of human services shall apply to
the commissioner of health to license the secure treatment facilities operated by the
Minnesota sex offender program as supervised living facilities with applicable program
licensing standards.

new text begin Subd. 2. new text end

new text begin Minnesota sex offender program evaluation. new text end

new text begin (a) The commissioner shall
contract with national sex offender experts to evaluate the sex offender treatment program.
The consultant group shall consist of four national experts, including:
new text end

new text begin (1) three experts who are licensed psychologists, psychiatrists, clinical therapists,
or other mental health treatment providers with established and recognized training and
experience in the assessment and treatment of sexual offenders; and
new text end

new text begin (2) one nontreatment professional with relevant training and experience regarding
the oversight or licensing of sex offender treatment programs or other relevant mental
health treatment programs.
new text end

new text begin (b) These experts shall, in consultation with the executive clinical director of the
sex offender treatment program:
new text end

new text begin (1) review and identify relevant information and evidence-based best practices and
methodologies for effectively assessing, diagnosing, and treating clients;
new text end

new text begin (2) on at least an annual basis, complete a site visit and comprehensive program
evaluation that may include a review of program policies and procedures to determine the
program's level of compliance, address specific areas of concern brought to the panel's
attention by the executive clinical director or executive director, offer recommendations,
and complete a written report of its findings to the executive director and clinical director;
and
new text end

new text begin (3) in addition to the annual site visit and review, provide advice, input, and
assistance as requested by the executive clinical director or executive director.
new text end

new text begin (c) The commissioner or commissioner's designee shall enter into contracts as
necessary to fulfill the responsibilities under this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Client grievance resolution process. new text end

new text begin (a) The executive director shall
establish a grievance policy and related procedures that address and attempt to resolve
client concerns and complaints. The grievance resolution process must include procedures
for assessing or investigating a client's concerns or complaints, for attempting to resolve
issues informally, and for appealing for a review and determination by the executive
director or designee.
new text end

new text begin (b) Any client who believes a right that is applicable to a client under section
144.651 has been violated may file a grievance under paragraph (a) and attempt to resolve
the issue internally, or by a complaint with the Minnesota Department of Health, Office of
Health Facility Complaints, or both. Complaints filed with the Office of Health Facility
Complaints under this paragraph must be processed according to section 144.652.
new text end

Sec. 8.

new text begin [246B.035] ANNUAL PERFORMANCE REPORT REQUIRED.
new text end

new text begin (a) The executive director of the Minnesota sex offender program shall submit
electronically a performance report to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over funding for the program by
January 15 of each year beginning in 2010. The report must include the following:
new text end

new text begin (1) a description of the program, including the strategic mission, goals, objectives,
and outcomes;
new text end

new text begin (2) the programwide per diem reported in a standard calculated method as outlined
in the program policies and procedures;
new text end

new text begin (3) program annual statistics as outlined in the departmental policies and procedures;
and
new text end

new text begin (4) the sex offender program evaluation report required under section 246B.03. The
executive director shall submit a printed copy upon request.
new text end

Sec. 9.

Minnesota Statutes 2008, section 246B.05, is amended to read:

246B.05 MINNESOTA SEX OFFENDER PROGRAM; deleted text begin PRODUCTIVE DAY
PROGRAM deleted text end new text begin VOCATIONAL WORK PROGRAM OPTION new text end .

Subdivision 1.

deleted text begin Employment deleted text end new text begin Vocational work program new text end option.

The commissioner
of human services deleted text begin , in consultation with the commissioner of corrections, deleted text end shall develop deleted text begin an
employment option deleted text end new text begin a vocational work program new text end for persons deleted text begin committed deleted text end new text begin admitted new text end to deleted text begin a sexual
psychopathic personality treatment center deleted text end new text begin the Minnesota sex offender program. The
vocation work program is an extension of therapeutic treatment new text end in order for deleted text begin patients deleted text end new text begin clients new text end
to deleted text begin contribute deleted text end new text begin learn valuable work skills and work habits while contributing new text end to their cost of
care. The deleted text begin employment deleted text end new text begin vocational work program new text end may include work maintaining the center
or work that is brought to the center by an outside source. The earnings generated new text begin from the
vocational work program new text end must be deposited into the account created in subdivision 2 deleted text begin and
divided between the participating patient and the center, in an effort to reduce state costs deleted text end .

Subd. 2.

Minnesota sex offender program; deleted text begin productive day program deleted text end new text begin vocational
work program new text end account.

A deleted text begin productive day program deleted text end new text begin vocational work program new text end account is
created in the state treasury. Money collected by the commissioner of human services for
the program under this section must be deposited in this account. Money in the account is
appropriated to the commissioner for purposes of this section.

Subd. 3.

Money.

The commissioner has the authority to collect money resulting
from the deleted text begin productive day program, and retain 50 percent to reimburse the state for the cost
of administering the work program and for the purpose of reducing state costs associated
with the Minnesota sex offender program and return 50 percent of the earnings to the
patient deleted text end new text begin vocational work program for reinvestment within the program new text end .

Sec. 10.

Minnesota Statutes 2008, section 246B.06, is amended to read:

246B.06 deleted text begin ESTABLISHMENT OF MINNESOTA STATE INDUSTRIES deleted text end new text begin
VOCATIONAL WORK PROGRAM new text end .

Subdivision 1.

Establishment; purpose.

(a) The commissioner of human services
may establish, equip, maintain, and operate deleted text begin the Minnesota State Industries deleted text end new text begin a vocational
work program new text end at any Minnesota sex offender program facility under this chapter. The
commissioner may establish deleted text begin industrial and commercial deleted text end new text begin vocational new text end activities for sex
offender treatment deleted text begin patients deleted text end new text begin clients new text end as the commissioner deems necessary and suitable to
the deleted text begin profitable employment deleted text end new text begin meaningful work skills training new text end , educational training, and
development of proper work habits deleted text begin of patients deleted text end new text begin and extended treatment services for clients new text end
consistent with the requirements in section 246B.05. The industrial and commercial
activities authorized by this section are designated Minnesota State Industries and must
be for the primary purpose of sustaining and ensuring Minnesota State Industries'
self-sufficiency, providing educational training, meaningful employment, and the teaching
of proper work habits to the patients of the Minnesota sex offender program under this
chapter, and not solely as competitive business ventures.

(b) The net profits from deleted text begin Minnesota State Industries deleted text end new text begin the vocational work program new text end
must be used for the benefit of the deleted text begin patients deleted text end new text begin clients new text end as it relates to building education
and self-sufficiency skills. Prior to the establishment of any deleted text begin industrial and commercial deleted text end new text begin
vocational new text end activity, the commissioner of human services shall consult with stakeholders
including representatives of business, industry, organized labor, the commissioner of
education, the state Apprenticeship Council, the commissioner of labor and industry,
the commissioner of employment and economic development, the commissioner of
administration, and other stakeholders the commissioner deems qualified. The purpose of
the stakeholder consultation is to determine the quantity and nature of the goods, wares,
merchandise, and services to be made or provided, and the types of processes to be used
in their manufacture, processing, repair, and production consistent with the greatest
opportunity for the reform and educational training of the deleted text begin patients deleted text end new text begin clients new text end , and with the
best interests of the state, business, industry, and labor.

(c) The commissioner of human services shall, at all times in the conduct of any
deleted text begin industrial or commercial deleted text end new text begin vocational new text end activity authorized by this section, utilize deleted text begin patient deleted text end new text begin
client new text end labor to the greatest extent feasible, provided that the commissioner may employ all
administrative, supervisory, and other skilled workers necessary to the proper instruction
of the deleted text begin patients deleted text end new text begin clients new text end and the deleted text begin profitable and deleted text end efficient operation of the deleted text begin industrial and
commercial deleted text end new text begin vocational new text end activities authorized by this section.

(d) The commissioner of human services may authorize the director of any
Minnesota sex offender treatment facility under the commissioner's control to accept
work projects from outside sources for processing, fabrication, or repair, provided that
preference is given to the performance of work projects for state departments and agencies.

Subd. 2.

Revolving fund.

As described in section 246B.05, subdivision 2, there is
established a deleted text begin Minnesota State Industries deleted text end new text begin vocational work program new text end revolving fund under
the control of the commissioner of human services. The revolving fund must be used for
deleted text begin Minnesota State Industries deleted text end new text begin the vocational work program new text end authorized under this section,
including, but not limited to, the purchase of equipment and raw materials, the payment of
salaries and wages, and other necessary expenses as determined by the commissioner of
human services. The purchase of services, materials, and commodities used in and held
for resale are not subject to the competitive bidding procedures of section 16C.06, but
are subject to all other provisions of chapters 16B and 16C. When practical, purchases
must be made from small targeted group businesses designated under section 16C.16.
Additionally, the expenses of deleted text begin patient deleted text end new text begin client new text end educational training and self-sufficiency
skills may be financed from the revolving fund in an amount to be determined by
the commissioner or designee. The proceeds and income from all deleted text begin Minnesota State
Industries deleted text end new text begin vocational work program activities new text end conducted at the Minnesota sex offender
treatment facilities must be deposited in the revolving fund subject to disbursement under
subdivision 3. The commissioner of human services may request that money in the fund
be invested pursuant to section 11A.25. Proceeds from the investment not currently
needed must be accounted for separately and credited to the revolving fund.

Subd. 3.

Disbursement from fund.

The deleted text begin Minnesota State Industries deleted text end new text begin vocational
work program new text end revolving fund must be deposited in the state treasury and paid out only
on proper vouchers as authorized and approved by the commissioner of human services,
and in the same manner and under the same restrictions as are now provided by law
for the disbursement of funds by the commissioner. An amount deposited in the state
treasury equal to six months of net operating cash as determined by the prior 12 months
of revenue and cash flow statements must be restricted for use only by deleted text begin Minnesota State
Industries deleted text end new text begin the vocational work program new text end as described under subdivision 2. For purposes
of this subdivision, "net operating cash" means net income, minus sales, plus cost of
goods sold. Cost of goods sold include all direct costs of deleted text begin industry deleted text end products attributable
to the goods' production.

Subd. 4.

Revolving fund; borrowing.

The commissioner of human services is
authorized to borrow sums of money as the commissioner deems necessary to meet current
demands on the deleted text begin Minnesota State Industries deleted text end new text begin vocational work program new text end revolving fund. The
sums borrowed must not exceed, in any calendar year, six months of net operating cash as
determined by the previous 12 months of the deleted text begin industries' deleted text end new text begin vocational program's new text end revenue and
cash flow statements. If the commissioner of human services determines that borrowing
of funds is necessary, the commissioner of human services shall certify this need to the
commissioner of finance. Funds may be borrowed from general fund appropriations
to the Minnesota sex offender program with the authorization of the commissioner of
finance. Upon authorization of the commissioner of finance, the transfer must be made
and credited to the deleted text begin Minnesota State Industries deleted text end new text begin vocational work program new text end revolving fund.
The sum transferred to the deleted text begin Minnesota State Industries deleted text end new text begin vocational work program new text end revolving
fund must be repaid by the commissioner of human services from the revolving fund to
the fund from which it was transferred in a time period specified by the commissioner
of finance, but by no later than the end of the biennium, as defined in section 16A.011,
in which the loan is made. When any transfer is made to the deleted text begin Minnesota State Industries deleted text end new text begin
vocational work program new text end revolving fund, the commissioner of finance shall notify the
commissioner of human services of the amount transferred to the fund and the date the
transfer is to be repaid.

Subd. 5.

Federal grant fund transfers.

Grants received by the commissioner of
human services from the federal government for any vocational training program or for
administration by the commissioner of human services must (1) be credited to a federal
grant fund and then (2) be transferred from the federal grant fund to the credit of the
commissioner of human services in the appropriate account upon certification by the
commissioner of human services that the amounts requested to be transferred have been
earned or are required for the purposes of this section. Funds received by the federal
grant fund need not be budgeted as such, provided transfers from the fund are budgeted
for allotment purposes in the appropriate appropriation.

Subd. 6.

Wages.

Notwithstanding section 177.24 or any other law to the
contrary, deleted text begin wages paid to patients working within this program are at the discretion of the
commissioner of human services deleted text end new text begin the commissioner of human services has the discretion to
set the pay rate for clients participating in the vocational work program. The commissioner
has the authority to retain up to 50 percent of any payments made to a client participating
in the vocational work program for the purpose of reducing state costs associated with
operating the Minnesota sex offender program new text end .

new text begin Subd. 7. new text end

new text begin Status of clients. new text end

new text begin Clients participating in the vocational work program
are not employees of the Minnesota sex offender program, the Department of Human
Services, or the state, and are not subject to fair labor standards under sections 177.21 to
177.35; workers compensation under sections 176.011 to 176.862; the Minnesota Human
Rights Act under sections 363A.001 to 363A.41; laws governing state employees under
chapter 43A; labor relations under chapter 179A; or the successors to any of these sections
and any other laws pertaining to employees and employment.
new text end

new text begin Subd. 8. new text end

new text begin Claims. new text end

new text begin Claims and demands arising out of injury to or death of a
client while that client is participating in the vocational work program or performing a
work assignment maintaining the facility must be presented to, heard, and determined
exclusively by the legislature as provided in section 3.738.
new text end

Sec. 11.

Minnesota Statutes 2008, section 609.485, subdivision 2, is amended to read:

Subd. 2.

Acts prohibited.

Whoever does any of the following may be sentenced as
provided in subdivision 4:

(1) escapes while held pursuant to a lawful arrest, in lawful custody on a charge or
conviction of a crime, or while held in lawful custody on an allegation or adjudication
of a delinquent act;

(2) transfers to another, who is in lawful custody on a charge or conviction of a
crime, or introduces into an institution in which the latter is confined, anything usable in
making such escape, with intent that it shall be so used;

(3) having another in lawful custody on a charge or conviction of a crime,
intentionally permits the other to escape;

(4) escapes while in a facility designated under section 253B.18, subdivision 1,
pursuant to a court commitment order after a finding of not guilty by reason of mental
illness or mental deficiency of a crime against the person, as defined in section 253B.02,
subdivision 4a. Notwithstanding section 609.17, no person may be charged with or
convicted of an attempt to commit a violation of this clause;

(5) escapes while in or under the supervision of a facility designated under section
253B.18, subdivision 1, deleted text begin pursuant to a court hold or commitment order under section
253B.185 deleted text end or Minnesota Statutes 1992, section 526.10; deleted text begin or
deleted text end

(6) escapes while on pass status or provisional discharge according to section
253B.18 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (7) escapes while a client of the Minnesota sex offender program as defined in
section 246B.01, subdivision 1a, or subject to a court hold order under section 253B.185.
new text end

For purposes of deleted text begin clause deleted text end new text begin clauses new text end (1) new text begin and (7) new text end , "escapes while held in lawful custody" new text begin
or "escapes while a client of the Minnesota sex offender program" new text end includes absconding
from electronic monitoring or absconding after removing an electronic monitoring device
from the person's body.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2008, section 609.485, subdivision 4, is amended to read:

Subd. 4.

Sentence.

(a) Except as otherwise provided in subdivision 3a, whoever
violates this section may be sentenced as follows:

(1) if the person who escapes is in lawful custody for a felony, to imprisonment for
not more than five years or to payment of a fine of not more than $10,000, or both;

(2) if the person who escapes is in lawful custody after a finding of not guilty by
reason of mental illness or mental deficiency of a crime against the person, as defined in
section 253B.02, subdivision 4a, to imprisonment for not more than one year and one day
or to payment of a fine of not more than $3,000, or both;

(3) if the person who escapes is in lawful custody for a gross misdemeanor or
misdemeanor, or if the person who escapes is in lawful custody on an allegation or
adjudication of a delinquent act, to imprisonment for not more than one year or to payment
of a fine of not more than $3,000, or both;

(4) if the person who escapes is under civil commitment under section 253B.18, to
imprisonment for not more than one year and one day or to payment of a fine of not more
than $3,000, or both; or

(5) if the person who escapes is under a court hold, civil commitment, or supervision
under section 253B.185 or Minnesota Statutes 1992, section 526.10, to imprisonment for
not more than five years or to payment of a fine of not more than $10,000, or both.

(b) If the escape was a violation of subdivision 2, clause (1), (2), or (3), and was
effected by violence or threat of violence against a person, the sentence may be increased
to not more than twice those permitted in paragraph (a), clauses (1) and (3).

(c) Unless a concurrent term is specified by the court, a sentence under this section
shall be consecutive to any sentence previously imposed or which may be imposed for any
crime or offense for which the person was in custody when the person escaped.

(d) Notwithstanding paragraph (c), if a person who was committed to the
commissioner of corrections under section 260B.198 escapes from the custody of the
commissioner while 18 years of age, the person's sentence under this section shall
commence on the person's 19th birthday or on the person's date of discharge by the
commissioner of corrections, whichever occurs first. However, if the person described
in this clause is convicted under this section after becoming 19 years old and after
having been discharged by the commissioner, the person's sentence shall commence
upon imposition by the sentencing court.

(e) Notwithstanding paragraph (c), if a person who is in lawful custody on an
allegation or adjudication of a delinquent act while 18 years of age escapes from a local
juvenile correctional facility, the person's sentence under this section begins on the
person's 19th birthday or on the person's date of discharge from the jurisdiction of the
juvenile court, whichever occurs first. However, if the person described in this paragraph
is convicted after becoming 19 years old and after discharge from the jurisdiction of the
juvenile court, the person's sentence begins upon imposition by the sentencing court.

(f) Notwithstanding paragraph (a), any person who escapes or absconds from
electronic monitoring or removes an electric monitoring device from the person's body
is guilty of a crime and shall be sentenced to imprisonment for not more than one year
or to a payment of a fine of not more than $3,000, or both. A person in lawful custody
for a violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221,
609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3451 new text begin , or civil
commitment under section 253B.185, and new text end who escapes or absconds from electronic
monitoring or removes an electronic monitoring device while under sentence may be
sentenced to imprisonment for not more than five years or to a payment of a fine of not
more than $10,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end