SF 1464

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; providing for lifetime 
  1.3             supervision of certain repeat sex offenders released 
  1.4             from prison; amending Minnesota Statutes 2002, section 
  1.5             609.109, subdivision 7. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 609.109, 
  1.8   subdivision 7, is amended to read: 
  1.9      Subd. 7.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
  1.10  Notwithstanding the statutory maximum sentence otherwise 
  1.11  applicable to the offense or any provision of the sentencing 
  1.12  guidelines, when a court sentences a person to prison for a 
  1.13  violation of section 609.342, 609.343, 609.344, or 609.345, the 
  1.14  court shall provide that after the person has completed the 
  1.15  sentence imposed, the commissioner of corrections shall place 
  1.16  the person on conditional release.  If the person was convicted 
  1.17  for a violation of section 609.342, 609.343, 609.344, or 
  1.18  609.345, the person shall be placed on conditional release for 
  1.19  five years, minus the time the person served on supervised 
  1.20  release.  If the person was convicted for a violation of one of 
  1.21  those sections after a previous sex offense conviction as 
  1.22  defined in subdivision 5, or the person shall be placed on 
  1.23  conditional release for the remainder of the person's life.  If 
  1.24  the person was sentenced under subdivision 6 to a mandatory 
  1.25  departure, the person shall be placed on conditional release for 
  2.1   ten years, minus the time the person served on supervised 
  2.2   release. 
  2.3      (b) The conditions of release may include successful 
  2.4   completion of treatment and aftercare in a program approved by 
  2.5   the commissioner, satisfaction of the release conditions 
  2.6   specified in section 244.05, subdivision 6, and any other 
  2.7   conditions the commissioner considers appropriate.  If the 
  2.8   offender fails to meet any condition of release, the 
  2.9   commissioner may revoke the offender's conditional release and 
  2.10  order that the offender serve the remaining portion of the 
  2.11  conditional release term in prison.  Except as provided in 
  2.12  paragraph (d), the commissioner shall not dismiss the offender 
  2.13  from supervision before the conditional release term expires. 
  2.14     Conditional release under this subdivision is governed by 
  2.15  provisions relating to supervised release, except as otherwise 
  2.16  provided in this subdivision, section 244.04, subdivision 1, or 
  2.17  244.05. 
  2.18     (c) The commissioner shall pay the cost of treatment of a 
  2.19  person released under this subdivision.  This section does not 
  2.20  require the commissioner to accept or retain an offender in a 
  2.21  treatment program. 
  2.22     (d) The commissioner may dismiss a person placed on 
  2.23  conditional release for the remainder of the person's life under 
  2.24  paragraph (a) from supervision if: 
  2.25     (1) the person has been on conditional release for at least 
  2.26  20 years; and 
  2.27     (2) the commissioner has determined that the dismissal does 
  2.28  not pose a danger to the public or any individual. 
  2.29     Sec. 2.  [EFFECTIVE DATE.] 
  2.30     Section 1 is effective August 1, 2003, and applies to 
  2.31  crimes committed on or after that date.