SF 1863

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention and public safety; 
  1.3             increasing the statutory maximum sentences for sex 
  1.4             offenses; providing for mandatory life sentences for 
  1.5             repeat sex offenses; streamlining the patterned and 
  1.6             predatory offender sentencing law; authorizing the use 
  1.7             of polygraphic examinations for sex offenders under 
  1.8             community supervision; making numerous changes to the 
  1.9             predatory offender registration law and the community 
  1.10            notification law; making various changes related to 
  1.11            methamphetamine, including creating new crimes and 
  1.12            modifying existing ones, imposing certain property 
  1.13            restrictions, regulating certain activities, defining 
  1.14            terms, addressing civil and criminal liability, 
  1.15            creating a revolving loan cleanup fund, providing for 
  1.16            treatment, requiring reports and education, and 
  1.17            requiring the disclosure of certain information; 
  1.18            imposing a surcharge; preempting local ordinances; 
  1.19            making conforming and technical statutory changes; 
  1.20            making various changes to the driving while impaired, 
  1.21            prostitution, identity theft, fleeing a peace officer, 
  1.22            trespass, and interference with privacy laws; 
  1.23            providing for mandatory restitution in certain cases; 
  1.24            providing increased reimbursement for bullet-resistant 
  1.25            vests; imposing criminal penalties; appropriating 
  1.26            money; amending Minnesota Statutes 2002, sections 
  1.27            82.197, subdivision 6; 152.135, subdivision 2; 
  1.28            168A.05, subdivision 3; 169A.095; 169A.52, subdivision 
  1.29            7; 169A.60, subdivision 11; 243.166, as amended; 
  1.30            243.167; 243.55, subdivision 1; 244.05, subdivisions 
  1.31            4, 5, 6, 7; 244.052, subdivisions 3, 4, by adding a 
  1.32            subdivision; 244.10, subdivision 2a; 299A.38, 
  1.33            subdivisions 2, 2a; 609.108, subdivisions 1, 3; 
  1.34            609.109, subdivision 7; 609.1095, subdivision 1; 
  1.35            609.117, subdivisions 1, 2; 609.321, subdivision 7, by 
  1.36            adding a subdivision; 609.341, by adding subdivisions; 
  1.37            609.342, subdivisions 2, 3; 609.343, subdivisions 2, 
  1.38            3; 609.344, subdivisions 2, 3; 609.345, subdivisions 
  1.39            2, 3; 609.347; 609.3471; 609.348; 609.353; 609.487, by 
  1.40            adding a subdivision; 609.527, subdivision 4; 
  1.41            609.5315, subdivision 1, by adding a subdivision; 
  1.42            609.605, subdivisions 1, 4; 609.746, subdivision 1; 
  1.43            631.045; Minnesota Statutes 2003 Supplement, sections 
  1.44            14.03, subdivision 3; 152.021, subdivisions 2a, 3; 
  1.45            609.527, subdivision 3; proposing coding for new law 
  1.46            in Minnesota Statutes, chapters 152; 169A; 243; 446A; 
  2.1             609; repealing Minnesota Statutes 2002, sections 
  2.2             18C.005, subdivisions 1a, 35a; 18C.201, subdivisions 
  2.3             6, 7; 18D.331, subdivision 5; 243.166, subdivisions 1, 
  2.4             8; 609.108, subdivision 2. 
  2.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.6                              ARTICLE 1
  2.7                            SEX OFFENDERS:
  2.8          MANDATORY LIFE SENTENCES FOR REPEAT SEX OFFENSES;
  2.9                       OTHER SENTENCING CHANGES
  2.10     Section 1.  [LEGISLATIVE FINDINGS AND INTENT.] 
  2.11     The legislature finds that sex offenders pose a significant 
  2.12  public safety threat.  Based upon the harm they cause to their 
  2.13  victims and the community, psychological factors unique to their 
  2.14  makeup, and their future dangerousness, these types of offenders 
  2.15  merit long-term supervision and treatment more so than do other 
  2.16  types of criminal offenders.  The legislature further finds that 
  2.17  this type of supervision and treatment is best provided in a 
  2.18  correctional setting and that the costs associated with this are 
  2.19  an appropriate use of state resources.  
  2.20     It is the legislature's intent in enacting this act to 
  2.21  provide a flexible approach that allows dangerous sex offenders 
  2.22  to be incarcerated for longer periods of time than is currently 
  2.23  possible.  The legislature specifically intends that a sex 
  2.24  offender's future dangerousness be taken into consideration when 
  2.25  making sentencing and release decisions concerning the offender. 
  2.26     Sec. 2.  Minnesota Statutes 2002, section 244.05, 
  2.27  subdivision 4, is amended to read: 
  2.28     Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
  2.29  serving a mandatory life sentence under section 609.106 must not 
  2.30  be given supervised release under this section.  An inmate 
  2.31  serving a mandatory life sentence under section 609.185, clause 
  2.32  (1), (3), (5), or (6); or 609.109, subdivision 2a 3, must not be 
  2.33  given supervised release under this section without having 
  2.34  served a minimum term of 30 years.  An inmate serving a 
  2.35  mandatory life sentence under section 609.385 must not be given 
  2.36  supervised release under this section without having served a 
  2.37  minimum term of imprisonment of 17 years.  An inmate serving a 
  3.1   mandatory life sentence under section 609.342, subdivision 2, 
  3.2   paragraph (b); 609.343, subdivision 2, paragraph (b); 609.344, 
  3.3   subdivision 2, paragraph (b); 609.345, subdivision 2, paragraph 
  3.4   (b); or 609.3453, subdivision 2, paragraph (b), must not be 
  3.5   given supervised release under this section without having 
  3.6   served the minimum term of imprisonment specified by the court 
  3.7   in its sentence.  
  3.8      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  3.9   and applies to crimes committed on or after that date. 
  3.10     Sec. 3.  Minnesota Statutes 2002, section 244.05, 
  3.11  subdivision 5, is amended to read: 
  3.12     Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
  3.13  commissioner of corrections may, under rules promulgated by the 
  3.14  commissioner, give supervised release to an inmate serving a 
  3.15  mandatory life sentence under section 609.185, clause (1), (3), 
  3.16  (5), or (6); 609.109, subdivision 2a 3; 609.342, subdivision 2, 
  3.17  paragraph (b); 609.343, subdivision 2, paragraph (b); 609.344, 
  3.18  subdivision 2, paragraph (b); 609.345, subdivision 2, paragraph 
  3.19  (b); 609.3453, subdivision 2, paragraph (b); or 609.385 after 
  3.20  the inmate has served the minimum term of imprisonment specified 
  3.21  in subdivision 4. 
  3.22     (b) The commissioner shall require the preparation of a 
  3.23  community investigation report and shall consider the findings 
  3.24  of the report when making a supervised release decision under 
  3.25  this subdivision.  The report shall reflect the sentiment of the 
  3.26  various elements of the community toward the inmate, both at the 
  3.27  time of the offense and at the present time.  The report shall 
  3.28  include the views of the sentencing judge, the prosecutor, any 
  3.29  law enforcement personnel who may have been involved in the 
  3.30  case, and any successors to these individuals who may have 
  3.31  information relevant to the supervised release decision.  The 
  3.32  report shall also include the views of the victim and the 
  3.33  victim's family unless the victim or the victim's family chooses 
  3.34  not to participate.  
  3.35     (c) The commissioner shall make reasonable efforts to 
  3.36  notify the victim, in advance, of the time and place of the 
  4.1   inmate's supervised release review hearing.  The victim has a 
  4.2   right to submit an oral or written statement at the review 
  4.3   hearing.  The statement may summarize the harm suffered by the 
  4.4   victim as a result of the crime and give the victim's 
  4.5   recommendation on whether the inmate should be given supervised 
  4.6   release at this time.  The commissioner must consider the 
  4.7   victim's statement when making the supervised release decision. 
  4.8      (d) When considering whether to give supervised release to 
  4.9   an inmate serving a life sentence under section 609.342, 
  4.10  subdivision 2, paragraph (b); 609.343, subdivision 2, paragraph 
  4.11  (b); 609.344, subdivision 2, paragraph (b); 609.345, subdivision 
  4.12  2, paragraph (b); or 609.3453, subdivision 2, paragraph (b), the 
  4.13  commissioner shall consider, at a minimum, the following:  the 
  4.14  risk the inmate poses to the community if released, the inmate's 
  4.15  progress in treatment, the inmate's behavior while incarcerated, 
  4.16  psychological or other diagnostic evaluations of the inmate, the 
  4.17  inmate's criminal history, and any other relevant conduct of the 
  4.18  inmate while incarcerated or before incarceration.  
  4.19     (e) As used in this subdivision, "victim" means the 
  4.20  individual who suffered harm as a result of the inmate's crime 
  4.21  or, if the individual is deceased, the deceased's surviving 
  4.22  spouse or next of kin. 
  4.23     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  4.24  and applies to crimes committed on or after that date. 
  4.25     Sec. 4.  Minnesota Statutes 2002, section 609.108, 
  4.26  subdivision 1, is amended to read: 
  4.27     Subdivision 1.  [MANDATORY INCREASED SENTENCE.] (a) A court 
  4.28  shall commit a person to the commissioner of corrections for a 
  4.29  period of time that is not less than double the presumptive 
  4.30  sentence under the Sentencing Guidelines and not more than the 
  4.31  statutory maximum, or if the statutory maximum is less than 
  4.32  double the presumptive sentence, for a period of time that is 
  4.33  equal to the statutory maximum, if: 
  4.34     (1) the court is imposing an executed sentence, based on a 
  4.35  Sentencing Guidelines presumptive imprisonment sentence or a 
  4.36  dispositional departure for aggravating circumstances or a 
  5.1   mandatory minimum sentence, on a person convicted of committing 
  5.2   or attempting to commit a violation of section 609.342, 609.343, 
  5.3   609.344, or 609.345, or on a person convicted of committing or 
  5.4   attempting to commit any other crime listed in subdivision 3 if 
  5.5   it reasonably appears to the court that the crime was motivated 
  5.6   by the offender's sexual impulses or was part of a predatory 
  5.7   pattern of behavior that had criminal sexual conduct as its goal 
  5.8   609.3453; 
  5.9      (2) the court finds that the offender is a danger to public 
  5.10  safety; and 
  5.11     (3) the court finds that the offender needs long-term 
  5.12  treatment or supervision beyond the presumptive term of 
  5.13  imprisonment and supervised release.  The finding must be based 
  5.14  on a professional assessment by an examiner experienced in 
  5.15  evaluating sex offenders that concludes that the offender is a 
  5.16  patterned sex offender.  The assessment must contain the facts 
  5.17  upon which the conclusion is based, with reference to the 
  5.18  offense history of the offender or the severity of the current 
  5.19  offense, the social history of the offender, and the results of 
  5.20  an examination of the offender's mental status unless the 
  5.21  offender refuses to be examined.  The conclusion may not be 
  5.22  based on testing alone.  A patterned sex offender is one whose 
  5.23  criminal sexual behavior is so engrained that the risk of 
  5.24  reoffending is great without intensive psychotherapeutic 
  5.25  intervention or other long-term controls. 
  5.26     (b) The court shall consider imposing a sentence under this 
  5.27  section whenever a person is convicted of violating section 
  5.28  609.342 or 609.343. 
  5.29     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  5.30  and applies to crimes committed on or after that date. 
  5.31     Sec. 5.  Minnesota Statutes 2002, section 609.108, 
  5.32  subdivision 3, is amended to read: 
  5.33     Subd. 3.  [PREDATORY CRIME.] A predatory crime is a felony 
  5.34  violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 
  5.35  609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255, 
  5.36  609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, 
  6.1   or 609.582, subdivision 1. As used in this section, "predatory 
  6.2   crime" has the meaning given in section 609.341, subdivision 24. 
  6.3      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  6.4   and applies to crimes committed on or after that date. 
  6.5      Sec. 6.  Minnesota Statutes 2002, section 609.109, 
  6.6   subdivision 7, is amended to read: 
  6.7      Subd. 7.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
  6.8   Notwithstanding the statutory maximum sentence otherwise 
  6.9   applicable to the offense or any provision of the Sentencing 
  6.10  Guidelines, when a court sentences a person to prison for a 
  6.11  violation of section 609.342, 609.343, 609.344, or 609.345, or 
  6.12  609.3453, the court shall provide that after the person has 
  6.13  completed the sentence imposed, the commissioner of corrections 
  6.14  shall place the person on conditional release.  
  6.15     If the person was convicted for a violation of section 
  6.16  609.342, 609.343, 609.344, or 609.345, or 609.3453, the person 
  6.17  shall be placed on conditional release for five years, minus the 
  6.18  time the person served on supervised release.  
  6.19     If the person was convicted for a violation of one of those 
  6.20  sections after a previous and the violation is a second or 
  6.21  subsequent sex offense conviction as defined in section 609.341, 
  6.22  subdivision 5 23, or sentenced under subdivision 6 to a 
  6.23  mandatory departure, the person shall be placed on conditional 
  6.24  release for ten years, minus the time the person served on 
  6.25  supervised release. 
  6.26     (b) The conditions of release may include successful 
  6.27  completion of treatment and aftercare in a program approved by 
  6.28  the commissioner, satisfaction of the release conditions 
  6.29  specified in section 244.05, subdivision 6, and any other 
  6.30  conditions the commissioner considers appropriate.  If the 
  6.31  offender fails to meet any condition of release, the 
  6.32  commissioner may revoke the offender's conditional release and 
  6.33  order that the offender serve the remaining portion of the 
  6.34  conditional release term in prison.  The commissioner shall not 
  6.35  dismiss the offender from supervision before the conditional 
  6.36  release term expires. 
  7.1      Conditional release under this subdivision is governed by 
  7.2   provisions relating to supervised release, except as otherwise 
  7.3   provided in this subdivision, section 244.04, subdivision 1, or 
  7.4   244.05. 
  7.5      (c) The commissioner shall pay the cost of treatment of a 
  7.6   person released under this subdivision.  This section does not 
  7.7   require the commissioner to accept or retain an offender in a 
  7.8   treatment program. 
  7.9      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  7.10  and applies to crimes committed on or after that date. 
  7.11     Sec. 7.  Minnesota Statutes 2002, section 609.341, is 
  7.12  amended by adding a subdivision to read: 
  7.13     Subd. 22.  [SEX OFFENSE.] Except for section 609.3452, "sex 
  7.14  offense" means any violation of, or attempt to violate, section 
  7.15  609.342, 609.343, 609.344, 609.345, 609.3453, or any similar 
  7.16  statute of the United States, this state, or any other state.  
  7.17     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  7.18  and applies to crimes committed on or after that date. 
  7.19     Sec. 8.  Minnesota Statutes 2002, section 609.341, is 
  7.20  amended by adding a subdivision to read: 
  7.21     Subd. 23.  [SECOND OR SUBSEQUENT SEX OFFENSE.] "Second or 
  7.22  subsequent sex offense" means a sex offense for which the 
  7.23  offender is convicted or adjudicated delinquent after the 
  7.24  offender has already been convicted or adjudicated delinquent 
  7.25  for another sex offense in a separate behavioral incident, 
  7.26  regardless of when the behavioral incidents occurred.  
  7.27     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  7.28  and applies to crimes committed on or after that date. 
  7.29     Sec. 9.  Minnesota Statutes 2002, section 609.341, is 
  7.30  amended by adding a subdivision to read: 
  7.31     Subd. 24.  [PREDATORY CRIME.] "Predatory crime" means a 
  7.32  felony violation of section 609.185, 609.19, 609.195, 609.20, 
  7.33  609.205, 609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 
  7.34  609.255, 609.365, 609.498, 609.561, or 609.582, subdivision 1.  
  7.35     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  7.36  and applies to crimes committed on or after that date. 
  8.1      Sec. 10.  Minnesota Statutes 2002, section 609.342, 
  8.2   subdivision 2, is amended to read: 
  8.3      Subd. 2.  [PENALTY.] (a) Except as otherwise provided 
  8.4   in section 609.109 paragraph (b), a person convicted under 
  8.5   subdivision 1 may be sentenced to imprisonment for not more than 
  8.6   30 60 years or to a payment of a fine of not more than $40,000, 
  8.7   or both. 
  8.8      (b) Unless a longer mandatory minimum sentence is otherwise 
  8.9   required by law or the Sentencing Guidelines provide for a 
  8.10  longer presumptive executed sentence, the court shall presume 
  8.11  that an executed sentence of 144 months must be imposed on an 
  8.12  offender convicted of violating this section.  Sentencing a 
  8.13  person in a manner other than that described in this paragraph 
  8.14  is a departure from the Sentencing Guidelines.  
  8.15     (b) A person convicted under subdivision 1 of a second or 
  8.16  subsequent sex offense shall be sentenced to imprisonment for 
  8.17  life.  At the time of sentencing, the court shall specify a 
  8.18  minimum term of imprisonment that must be served before the 
  8.19  offender may be considered for supervised release.  
  8.20     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  8.21  and applies to crimes committed on or after that date. 
  8.22     Sec. 11.  Minnesota Statutes 2002, section 609.342, 
  8.23  subdivision 3, is amended to read: 
  8.24     Subd. 3.  [STAY.] Except when imprisonment is required 
  8.25  under section 609.109 subdivision 2, paragraph (b), if a person 
  8.26  is convicted under subdivision 1, clause (g), the court may stay 
  8.27  imposition or execution of the sentence if it finds that: 
  8.28     (a) a stay is in the best interest of the complainant or 
  8.29  the family unit; and 
  8.30     (b) a professional assessment indicates that the offender 
  8.31  has been accepted by and can respond to a treatment program. 
  8.32     If the court stays imposition or execution of sentence, it 
  8.33  shall include the following as conditions of probation: 
  8.34     (1) incarceration in a local jail or workhouse; 
  8.35     (2) a requirement that the offender complete a treatment 
  8.36  program; and 
  9.1      (3) a requirement that the offender have no unsupervised 
  9.2   contact with the complainant until the offender has successfully 
  9.3   completed the treatment program unless approved by the treatment 
  9.4   program and the supervising correctional agent.  
  9.5      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  9.6   and applies to crimes committed on or after that date. 
  9.7      Sec. 12.  Minnesota Statutes 2002, section 609.343, 
  9.8   subdivision 2, is amended to read: 
  9.9      Subd. 2.  [PENALTY.] (a) Except as otherwise provided 
  9.10  in section 609.109 paragraph (b), a person convicted under 
  9.11  subdivision 1 may be sentenced to imprisonment for not more than 
  9.12  25 60 years or to a payment of a fine of not more than $35,000, 
  9.13  or both. 
  9.14     (b) Unless a longer mandatory minimum sentence is otherwise 
  9.15  required by law or the Sentencing Guidelines provide for a 
  9.16  longer presumptive executed sentence, the court shall presume 
  9.17  that an executed sentence of 90 months must be imposed on an 
  9.18  offender convicted of violating subdivision 1, clause (c), (d), 
  9.19  (e), (f), or (h).  Sentencing a person in a manner other than 
  9.20  that described in this paragraph is a departure from the 
  9.21  Sentencing Guidelines.  
  9.22     (b) A person convicted under subdivision 1 of a second or 
  9.23  subsequent sex offense shall be sentenced to imprisonment for 
  9.24  life.  At the time of sentencing, the court shall specify a 
  9.25  minimum term of imprisonment that must be served before the 
  9.26  offender may be considered for supervised release. 
  9.27     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  9.28  and applies to crimes committed on or after that date. 
  9.29     Sec. 13.  Minnesota Statutes 2002, section 609.343, 
  9.30  subdivision 3, is amended to read: 
  9.31     Subd. 3.  [STAY.] Except when imprisonment is required 
  9.32  under section 609.109 subdivision 2, paragraph (b), if a person 
  9.33  is convicted under subdivision 1, clause (g), the court may stay 
  9.34  imposition or execution of the sentence if it finds that: 
  9.35     (a) a stay is in the best interest of the complainant or 
  9.36  the family unit; and 
 10.1      (b) a professional assessment indicates that the offender 
 10.2   has been accepted by and can respond to a treatment program. 
 10.3      If the court stays imposition or execution of sentence, it 
 10.4   shall include the following as conditions of probation: 
 10.5      (1) incarceration in a local jail or workhouse; 
 10.6      (2) a requirement that the offender complete a treatment 
 10.7   program; and 
 10.8      (3) a requirement that the offender have no unsupervised 
 10.9   contact with the complainant until the offender has successfully 
 10.10  completed the treatment program unless approved by the treatment 
 10.11  program and the supervising correctional agent.  
 10.12     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 10.13  and applies to crimes committed on or after that date. 
 10.14     Sec. 14.  Minnesota Statutes 2002, section 609.344, 
 10.15  subdivision 2, is amended to read: 
 10.16     Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
 10.17  paragraph (b), a person convicted under subdivision 1 may be 
 10.18  sentenced to imprisonment for not more than 15 60 years or to a 
 10.19  payment of a fine of not more than $30,000, or both. 
 10.20     (b) A person convicted under subdivision 1 of a second or 
 10.21  subsequent sex offense shall be sentenced to imprisonment for 
 10.22  life.  At the time of sentencing, the court shall specify a 
 10.23  minimum term of imprisonment that must be served before the 
 10.24  offender may be considered for supervised release.  
 10.25     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 10.26  and applies to crimes committed on or after that date. 
 10.27     Sec. 15.  Minnesota Statutes 2002, section 609.344, 
 10.28  subdivision 3, is amended to read: 
 10.29     Subd. 3.  [STAY.] Except when imprisonment is required 
 10.30  under section 609.109 subdivision 2, paragraph (b), if a person 
 10.31  is convicted under subdivision 1, clause (f), the court may stay 
 10.32  imposition or execution of the sentence if it finds that: 
 10.33     (a) a stay is in the best interest of the complainant or 
 10.34  the family unit; and 
 10.35     (b) a professional assessment indicates that the offender 
 10.36  has been accepted by and can respond to a treatment program. 
 11.1      If the court stays imposition or execution of sentence, it 
 11.2   shall include the following as conditions of probation: 
 11.3      (1) incarceration in a local jail or workhouse; 
 11.4      (2) a requirement that the offender complete a treatment 
 11.5   program; and 
 11.6      (3) a requirement that the offender have no unsupervised 
 11.7   contact with the complainant until the offender has successfully 
 11.8   completed the treatment program unless approved by the treatment 
 11.9   program and the supervising correctional agent.  
 11.10     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 11.11  and applies to crimes committed on or after that date. 
 11.12     Sec. 16.  Minnesota Statutes 2002, section 609.345, 
 11.13  subdivision 2, is amended to read: 
 11.14     Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
 11.15  paragraph (b), a person convicted under subdivision 1 may be 
 11.16  sentenced to imprisonment for not more than ten 60 years or to a 
 11.17  payment of a fine of not more than $20,000, or both. 
 11.18     (b) A person convicted under subdivision 1 of a second or 
 11.19  subsequent sex offense shall be sentenced to imprisonment for 
 11.20  life.  At the time of sentencing, the court shall specify a 
 11.21  minimum term of imprisonment that must be served before the 
 11.22  offender may be considered for supervised release.  
 11.23     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 11.24  and applies to crimes committed on or after that date. 
 11.25     Sec. 17.  Minnesota Statutes 2002, section 609.345, 
 11.26  subdivision 3, is amended to read: 
 11.27     Subd. 3.  [STAY.] Except when imprisonment is required 
 11.28  under section 609.109 subdivision 2, paragraph (b), if a person 
 11.29  is convicted under subdivision 1, clause (f), the court may stay 
 11.30  imposition or execution of the sentence if it finds that: 
 11.31     (a) a stay is in the best interest of the complainant or 
 11.32  the family unit; and 
 11.33     (b) a professional assessment indicates that the offender 
 11.34  has been accepted by and can respond to a treatment program. 
 11.35     If the court stays imposition or execution of sentence, it 
 11.36  shall include the following as conditions of probation: 
 12.1      (1) incarceration in a local jail or workhouse; 
 12.2      (2) a requirement that the offender complete a treatment 
 12.3   program; and 
 12.4      (3) a requirement that the offender have no unsupervised 
 12.5   contact with the complainant until the offender has successfully 
 12.6   completed the treatment program unless approved by the treatment 
 12.7   program and the supervising correctional agent. 
 12.8      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 12.9   and applies to crimes committed on or after that date. 
 12.10     Sec. 18.  [609.3453] [CRIMINAL SEXUAL CONDUCT IN THE SIXTH 
 12.11  DEGREE.] 
 12.12     Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
 12.13  criminal sexual conduct in the sixth degree if the person 
 12.14  commits a predatory crime that was motivated by the offender's 
 12.15  sexual impulses or was part of a predatory pattern of behavior 
 12.16  that had criminal sexual conduct as its goal.  
 12.17     Subd. 2.  [PENALTY.] (a) Except as provided in paragraph 
 12.18  (b), a person convicted under subdivision 1 may be sentenced to 
 12.19  imprisonment for not more than 60 years or to payment of a fine 
 12.20  of not more than $20,000, or both.  
 12.21     (b) A person convicted under subdivision 1 of a second or 
 12.22  subsequent sex offense shall be sentenced to imprisonment for 
 12.23  life.  At the time of sentencing, the court shall specify a 
 12.24  minimum term of imprisonment that must be served before the 
 12.25  offender may be considered for supervised release.  
 12.26     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 12.27  and applies to crimes committed on or after that date. 
 12.28     Sec. 19.  [REPEALER.] 
 12.29     Minnesota Statutes 2002, section 609.108, subdivision 2, is 
 12.30  repealed. 
 12.31     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 12.32  and applies to crimes committed on or after that date. 
 12.33                             ARTICLE 2
 12.34                           SEX OFFENDERS:
 12.35                  PREDATORY OFFENDER REGISTRATION;
 12.36           COMMUNITY NOTIFICATION; NONSENTENCING CHANGES;
 13.1                            APPROPRIATIONS
 13.2      Section 1.  Minnesota Statutes 2002, section 243.166, as 
 13.3   amended by Laws 2003, chapter 116, section 2, and Laws 2003, 
 13.4   First Special Session chapter 2, article 8, sections 4 and 5, is 
 13.5   amended to read: 
 13.6      243.166 [REGISTRATION OF PREDATORY OFFENDERS.] 
 13.7      Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
 13.8   register under this section if:  
 13.9      (1) the person was charged with or petitioned for a felony 
 13.10  violation of or attempt to violate any of the following, and 
 13.11  convicted of or adjudicated delinquent for that offense or 
 13.12  another offense arising out of the same set of circumstances: 
 13.13     (i) murder under section 609.185, clause (2); or 
 13.14     (ii) kidnapping under section 609.25; or 
 13.15     (iii) criminal sexual conduct under section 609.342; 
 13.16  609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
 13.17     (iv) indecent exposure under section 617.23, subdivision 3; 
 13.18  or 
 13.19     (2) the person was charged with or petitioned for falsely 
 13.20  imprisoning a minor in violation of section 609.255, subdivision 
 13.21  2; soliciting a minor to engage in prostitution in violation of 
 13.22  section 609.322 or 609.324; soliciting a minor to engage in 
 13.23  sexual conduct in violation of section 609.352; using a minor in 
 13.24  a sexual performance in violation of section 617.246; or 
 13.25  possessing pornographic work involving a minor in violation of 
 13.26  section 617.247, and convicted of or adjudicated delinquent for 
 13.27  that offense or another offense arising out of the same set of 
 13.28  circumstances; or 
 13.29     (3) the person was convicted of a predatory crime as 
 13.30  defined in section 609.108, and the offender was sentenced as a 
 13.31  patterned sex offender or the court found on its own motion or 
 13.32  that of the prosecutor that the crime was part of a predatory 
 13.33  pattern of behavior that had criminal sexual conduct as its 
 13.34  goal; or 
 13.35     (4) the person was convicted of or adjudicated delinquent 
 13.36  for, including pursuant to a court martial, violating a law of 
 14.1   the United States, including the Uniform Code of Military 
 14.2   Justice, similar to the offenses described in clause (1), (2), 
 14.3   or (3). 
 14.4      (b) A person also shall register under this section if: 
 14.5      (1) the person was convicted of or adjudicated delinquent 
 14.6   in another state for an offense that would be a violation of a 
 14.7   law described in paragraph (a) if committed in this state; 
 14.8      (2) the person enters the state to reside, or to work or 
 14.9   attend school; and 
 14.10     (3) ten years have not elapsed since the person was 
 14.11  released from confinement or, if the person was not confined, 
 14.12  since the person was convicted of or adjudicated delinquent for 
 14.13  the offense that triggers registration, unless the person is 
 14.14  subject to lifetime registration, in which case the person must 
 14.15  register for life regardless of when the person was released 
 14.16  from confinement, convicted, or adjudicated delinquent. 
 14.17  For purposes of this paragraph: 
 14.18     (i) "school" includes any public or private educational 
 14.19  institution, including any secondary school, trade or 
 14.20  professional institution, or institution of higher education, 
 14.21  that the person is enrolled in on a full-time or part-time 
 14.22  basis; and 
 14.23     (ii) "work" includes employment that is full time or part 
 14.24  time for a period of time exceeding 14 days or for an aggregate 
 14.25  period of time exceeding 30 days during any calendar year, 
 14.26  whether financially compensated, volunteered, or for the purpose 
 14.27  of government or educational benefit. 
 14.28     (c) A person also shall register under this section if the 
 14.29  person was committed pursuant to a court commitment order under 
 14.30  section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
 14.31  a similar law of another state or the United States, regardless 
 14.32  of whether the person was convicted of any offense. 
 14.33     (d) A person also shall register under this section if: 
 14.34     (1) the person was charged with or petitioned for a felony 
 14.35  violation or attempt to violate any of the offenses listed in 
 14.36  paragraph (a), clause (1), or a similar law of another state or 
 15.1   the United States, or the person was charged with or petitioned 
 15.2   for a violation of any of the offenses listed in paragraph (a), 
 15.3   clause (2), or a similar law of another state or the United 
 15.4   States; 
 15.5      (2) the person was found not guilty by reason of mental 
 15.6   illness or mental deficiency after a trial for that offense, or 
 15.7   found guilty but mentally ill after a trial for that offense, in 
 15.8   states with a guilty but mentally ill verdict; and 
 15.9      (3) the person was committed pursuant to a court commitment 
 15.10  order under section 253B.18 or a similar law of another state or 
 15.11  the United States. 
 15.12     Subd. 1a.  [DEFINITIONS.] (a) As used in this section, 
 15.13  unless the context clearly indicates otherwise, the following 
 15.14  terms have the meanings given them. 
 15.15     (b) "Bureau" means the Bureau of Criminal Apprehension.  
 15.16     (c) "Dwelling" means the building where the person lives 
 15.17  under a formal or informal agreement to do so.  
 15.18     (d) "Incarceration" and "confinement" do not include 
 15.19  electronic home monitoring.  
 15.20     (e) "Law enforcement authority" or "authority" means, with 
 15.21  respect to a home rule charter or statutory city, the chief of 
 15.22  police, and with respect to an unincorporated area, the county 
 15.23  sheriff. 
 15.24     (f) "Motor vehicle" has the meaning given of "vehicle" in 
 15.25  section 169.01, subdivision 2. 
 15.26     (g) "Primary address" means the mailing address of the 
 15.27  person's dwelling.  If the mailing address is different from the 
 15.28  actual location of the dwelling, "primary address" also includes 
 15.29  the physical location of the dwelling described with as much 
 15.30  specificity as possible. 
 15.31     (h) "School" includes any public or private educational 
 15.32  institution, including any secondary school, trade, or 
 15.33  professional institution, or institution of higher education, 
 15.34  that the person is enrolled in on a full-time or part-time basis.
 15.35     (i) "Secondary address" means the mailing address of any 
 15.36  place where the person regularly or occasionally stays overnight 
 16.1   when not staying at the person's primary address.  If the 
 16.2   mailing address is different from the actual location of the 
 16.3   place, "secondary address" also includes the physical location 
 16.4   of the place described with as much specificity as possible. 
 16.5      (j) "Treatment facility" means a residential facility, as 
 16.6   defined in section 244.052, subdivision 1, and residential 
 16.7   chemical dependency treatment programs and halfway houses 
 16.8   licensed under chapter 245A, including, but not limited to, 
 16.9   those facilities directly or indirectly assisted by any 
 16.10  department or agency of the United States. 
 16.11     (k) "Work" includes employment that is full time or part 
 16.12  time for a period of time exceeding 14 days or for an aggregate 
 16.13  period of time exceeding 30 days during any calendar year, 
 16.14  whether financially compensated, volunteered, or for the purpose 
 16.15  of government or educational benefit. 
 16.16     Subd. 1b.  [REGISTRATION REQUIRED.] (a) A person shall 
 16.17  register under this section if: 
 16.18     (1) the person was charged with or petitioned for a felony 
 16.19  violation of or attempt to violate, or aiding, abetting, or 
 16.20  conspiracy to commit, any of the following, and convicted of or 
 16.21  adjudicated delinquent for that offense or another offense 
 16.22  arising out of the same set of circumstances: 
 16.23     (i) murder under section 609.185, clause (2); or 
 16.24     (ii) kidnapping under section 609.25; or 
 16.25     (iii) criminal sexual conduct under section 609.342; 
 16.26  609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453; 
 16.27  or 
 16.28     (iv) indecent exposure under section 617.23, subdivision 3; 
 16.29  or 
 16.30     (2) the person was charged with or petitioned for false 
 16.31  imprisonment in violation of section 609.255, subdivision 2; 
 16.32  soliciting a minor to engage in prostitution in violation of 
 16.33  section 609.322 or 609.324; soliciting a minor to engage in 
 16.34  sexual conduct in violation of section 609.352; using a minor in 
 16.35  a sexual performance in violation of section 617.246; or 
 16.36  possessing pornographic work involving a minor in violation of 
 17.1   section 617.247, and convicted of or adjudicated delinquent for 
 17.2   that offense or another offense arising out of the same set of 
 17.3   circumstances; or 
 17.4      (3) the person was sentenced as a patterned sex offender 
 17.5   under section 609.108; or 
 17.6      (4) the person was convicted of or adjudicated delinquent 
 17.7   for, including pursuant to a court martial, violating a law of 
 17.8   the United States, including the Uniform Code of Military 
 17.9   Justice, similar to the offenses described in clause (1), (2), 
 17.10  or (3). 
 17.11     (b) A person also shall register under this section if: 
 17.12     (1) the person was convicted of or adjudicated delinquent 
 17.13  in another state for an offense that would be a violation of a 
 17.14  law described in paragraph (a) if committed in this state; 
 17.15     (2) the person enters the state to reside, work, or attend 
 17.16  school, or enters the state and remains for 14 days or longer; 
 17.17  and 
 17.18     (3) ten years have not elapsed since the person was 
 17.19  released from confinement or, if the person was not confined, 
 17.20  since the person was convicted of or adjudicated delinquent for 
 17.21  the offense that triggers registration, unless the person is 
 17.22  subject to lifetime registration, in which case the person shall 
 17.23  register for life regardless of when the person was released 
 17.24  from confinement, convicted, or adjudicated delinquent. 
 17.25     (c) A person also shall register under this section if the 
 17.26  person was committed pursuant to a court commitment order under 
 17.27  section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
 17.28  a similar law of another state or the United States, regardless 
 17.29  of whether the person was convicted of any offense. 
 17.30     (d) A person also shall register under this section if: 
 17.31     (1) the person was charged with or petitioned for a felony 
 17.32  violation or attempt to violate any of the offenses listed in 
 17.33  paragraph (a), clause (1), or a similar law of another state or 
 17.34  the United States, or the person was charged with or petitioned 
 17.35  for a violation of any of the offenses listed in paragraph (a), 
 17.36  clause (2), or a similar law of another state or the United 
 18.1   States; 
 18.2      (2) the person was found not guilty by reason of mental 
 18.3   illness or mental deficiency after a trial for that offense, or 
 18.4   found guilty but mentally ill after a trial for that offense, in 
 18.5   states with a guilty but mentally ill verdict; and 
 18.6      (3) the person was committed pursuant to a court commitment 
 18.7   order under section 253B.18 or a similar law of another state or 
 18.8   the United States. 
 18.9      Subd. 2.  [NOTICE.] When a person who is required to 
 18.10  register under subdivision 1 1b, paragraph (a), is sentenced or 
 18.11  becomes subject to a juvenile court disposition order, the court 
 18.12  shall tell the person of the duty to register under this section 
 18.13  and that, if the person fails to comply with the registration 
 18.14  requirements, information about the offender may be made 
 18.15  available to the public through electronic, computerized, or 
 18.16  other accessible means.  The court may not modify the person's 
 18.17  duty to register in the pronounced sentence or disposition 
 18.18  order.  The court shall require the person to read and sign a 
 18.19  form stating that the duty of the person to register under this 
 18.20  section has been explained.  The court shall forward the signed 
 18.21  sex offender registration form, the complaint, and sentencing 
 18.22  documents to the bureau of Criminal Apprehension.  If a person 
 18.23  required to register under subdivision 1 1b, paragraph (a), was 
 18.24  not notified by the court of the registration requirement at the 
 18.25  time of sentencing or disposition, the assigned corrections 
 18.26  agent shall notify the person of the requirements of this 
 18.27  section.  When a person who is required to register under 
 18.28  subdivision 1 1b, paragraph (c) or (d), is released from 
 18.29  commitment, the treatment facility shall notify the person of 
 18.30  the requirements of this section.  The treatment facility shall 
 18.31  also obtain the registration information required under this 
 18.32  section and forward it to the bureau of Criminal Apprehension. 
 18.33     Subd. 3.  [REGISTRATION PROCEDURE.] (a) Except as provided 
 18.34  in subdivision 3a, a person required to register under this 
 18.35  section shall register with the corrections agent as soon as the 
 18.36  agent is assigned to the person.  If the person does not have an 
 19.1   assigned corrections agent or is unable to locate the assigned 
 19.2   corrections agent, the person shall register with the law 
 19.3   enforcement agency authority that has jurisdiction in the area 
 19.4   of the person's residence primary address. 
 19.5      (b) Except as provided in subdivision 3a, at least five 
 19.6   days before the person starts living at a new primary address, 
 19.7   including living in another state, the person shall give written 
 19.8   notice of the new primary living address to the assigned 
 19.9   corrections agent or to the law enforcement authority with which 
 19.10  the person currently is registered.  If the person will be 
 19.11  living in a new state and that state has a registration 
 19.12  requirement, the person shall also give written notice of the 
 19.13  new address to the designated registration agency in the new 
 19.14  state.  A person required to register under this section shall 
 19.15  also give written notice to the assigned corrections agent or to 
 19.16  the law enforcement authority that has jurisdiction in the area 
 19.17  of the person's residence primary address that the person is no 
 19.18  longer living or staying at an address, immediately after the 
 19.19  person is no longer living or staying at that address.  The 
 19.20  corrections agent or law enforcement authority shall, within two 
 19.21  business days after receipt of this information, forward it to 
 19.22  the bureau of Criminal Apprehension.  The bureau of Criminal 
 19.23  Apprehension shall, if it has not already been done, notify the 
 19.24  law enforcement authority having primary jurisdiction in the 
 19.25  community where the person will live of the new address.  If the 
 19.26  person is leaving the state, the bureau of Criminal Apprehension 
 19.27  shall notify the registration authority in the new state of the 
 19.28  new address.  If the person's obligation to register arose under 
 19.29  subdivision 1, paragraph (b), The person's registration 
 19.30  requirements under this section terminate when after the person 
 19.31  begins living in the new state and the bureau has confirmed the 
 19.32  address in the other state through the annual verification 
 19.33  process on at least one occasion. 
 19.34     (c) A person required to register under subdivision 1 1b, 
 19.35  paragraph (b), because the person is working or attending school 
 19.36  in Minnesota shall register with the law enforcement 
 20.1   agency authority that has jurisdiction in the area where the 
 20.2   person works or attends school.  In addition to other 
 20.3   information required by this section, the person shall provide 
 20.4   the address of the school or of the location where the person is 
 20.5   employed.  A person must shall comply with this paragraph within 
 20.6   five days of beginning employment or school.  A person's 
 20.7   obligation to register under this paragraph terminates when the 
 20.8   person is no longer working or attending school in Minnesota. 
 20.9      (d) A person required to register under this section who 
 20.10  works or attends school outside of Minnesota shall register as a 
 20.11  predatory offender in the state where the person works or 
 20.12  attends school.  The person's corrections agent, or if the 
 20.13  person does not have an assigned corrections agent, the law 
 20.14  enforcement authority that has jurisdiction in the area of the 
 20.15  person's residence primary address shall notify the person of 
 20.16  this requirement.  
 20.17     Subd. 3a.  [REGISTRATION PROCEDURE WHEN PERSON LACKS 
 20.18  PRIMARY ADDRESS.] (a) If a person leaves a primary address and 
 20.19  does not have a new primary address, the person shall register 
 20.20  with the law enforcement authority that has jurisdiction in the 
 20.21  area where the person is staying within 24 hours of the time the 
 20.22  person no longer has a primary address. 
 20.23     (b) A person who lacks a primary address shall register 
 20.24  with the law enforcement authority that has jurisdiction in the 
 20.25  area where the person is staying within 24 hours after entering 
 20.26  the jurisdiction.  Each time a person who lacks a primary 
 20.27  address moves to a new jurisdiction without acquiring a new 
 20.28  primary address, the person shall register with the law 
 20.29  enforcement authority that has jurisdiction in the area where 
 20.30  the person is staying within 24 hours after entering the 
 20.31  jurisdiction. 
 20.32     (c) Upon registering under this subdivision, the person 
 20.33  shall provide the law enforcement authority with all of the 
 20.34  information the individual is required to provide under 
 20.35  subdivision 4a.  However, instead of reporting the person's 
 20.36  primary address, the person shall describe the location of where 
 21.1   the person is staying with as much specificity as possible. 
 21.2      (d) Except as otherwise provided in paragraph (e), if a 
 21.3   person continues to lack a primary address, the person shall 
 21.4   report in person on a weekly basis to the law enforcement 
 21.5   authority with jurisdiction in the area where the person is 
 21.6   staying.  This weekly report shall occur between the hours of 
 21.7   9:00 a.m. and 5:00 p.m.  The person is not required to provide 
 21.8   the registration information required under subdivision 4a each 
 21.9   time the offender reports to an authority, but the person shall 
 21.10  inform the authority of changes to any information provided 
 21.11  under subdivision 4a or this subdivision and shall otherwise 
 21.12  comply with this subdivision. 
 21.13     (e) If the law enforcement authority determines that it is 
 21.14  impractical, due to the person's unique circumstances, to 
 21.15  require a person lacking a primary address to report weekly and 
 21.16  in person as required under paragraph (d), the authority may 
 21.17  authorize the person to follow an alternative reporting 
 21.18  procedure.  The authority shall consult with the person's 
 21.19  corrections agent, if the person has one, in establishing the 
 21.20  specific criteria of this alternative procedure, subject to the 
 21.21  following requirements:  
 21.22     (1) The authority shall document, in the person's 
 21.23  registration record, the specific reasons why the weekly 
 21.24  in-person reporting process is impractical for the person to 
 21.25  follow. 
 21.26     (2) The authority shall explain how the alternative 
 21.27  reporting procedure furthers the public safety objectives of 
 21.28  this section. 
 21.29     (3) The authority shall require the person lacking a 
 21.30  primary address to report in person at least monthly to the 
 21.31  authority or the person's corrections agent and shall specify 
 21.32  the location where the person shall report.  If the authority 
 21.33  determines it would be more practical and would further public 
 21.34  safety for the person to report to another law enforcement 
 21.35  authority with jurisdiction where the person is staying, it may, 
 21.36  after consulting with the other law enforcement authority, 
 22.1   include this requirement in the person's alternative reporting 
 22.2   process. 
 22.3      (4) The authority shall require the person to comply with 
 22.4   the weekly, in-person reporting process required under paragraph 
 22.5   (d), if the person moves to a new area where this process would 
 22.6   be practical. 
 22.7      (5) The authority shall require the person to report any 
 22.8   changes to the registration information provided under 
 22.9   subdivision 4a and to comply with the periodic registration 
 22.10  requirements specified under paragraph (f).  
 22.11     (6) The authority shall require the person to comply with 
 22.12  the requirements of subdivision 3, paragraphs (b) and (c), if 
 22.13  the person moves to a primary address.  
 22.14     (f) If a person continues to lack a primary address and 
 22.15  continues to report to the same law enforcement authority, the 
 22.16  person shall provide the authority with all of the information 
 22.17  the individual is required to provide under subdivision 4a and 
 22.18  this subdivision at least annually, unless the person is 
 22.19  required to register under subdivision 1b, paragraph (c), 
 22.20  following commitment pursuant to a court commitment under 
 22.21  section 253B.185 or a similar law of another state or the United 
 22.22  States.  If the person is required to register under subdivision 
 22.23  1b, paragraph (c), the person shall provide the law enforcement 
 22.24  authority with all of the information the individual is required 
 22.25  to report under subdivision 4a and this subdivision at least 
 22.26  once every three months. 
 22.27     (g) A law enforcement authority receiving information under 
 22.28  this subdivision shall forward registration information and 
 22.29  changes to that information to the bureau within two business 
 22.30  days of receipt of the information. 
 22.31     (h) For purposes of this subdivision, a person who fails to 
 22.32  report a primary address will be deemed to be a person who lacks 
 22.33  a primary address, and the person shall comply with the 
 22.34  requirements for a person who lacks a primary address. 
 22.35     Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
 22.36  provided to the corrections agent or law enforcement authority, 
 23.1   must consist of a statement in writing signed by the person, 
 23.2   giving information required by the bureau of Criminal 
 23.3   Apprehension, a fingerprint card, and photograph of the person 
 23.4   taken at the time of the person's release from incarceration or, 
 23.5   if the person was not incarcerated, at the time the person 
 23.6   initially registered under this section.  The registration 
 23.7   information also must include a written consent form signed by 
 23.8   the person allowing a treatment facility or residential housing 
 23.9   unit or shelter to release information to a law enforcement 
 23.10  officer about the person's admission to, or residence in, a 
 23.11  treatment facility or residential housing unit or shelter.  
 23.12  Registration information on adults and juveniles may be 
 23.13  maintained together notwithstanding section 260B.171, 
 23.14  subdivision 3.  
 23.15     (b) For persons required to register under subdivision 1 
 23.16  1b, paragraph (c), following commitment pursuant to a court 
 23.17  commitment under section 253B.185 or a similar law of another 
 23.18  state or the United States, in addition to other information 
 23.19  required by this section, the registration provided to the 
 23.20  corrections agent or law enforcement authority must include the 
 23.21  person's offense history and documentation of treatment received 
 23.22  during the person's commitment.  This documentation shall be is 
 23.23  limited to a statement of how far the person progressed in 
 23.24  treatment during commitment. 
 23.25     (c) Within three days of receipt, the corrections agent or 
 23.26  law enforcement authority shall forward the registration 
 23.27  information to the bureau of Criminal Apprehension.  The bureau 
 23.28  shall ascertain whether the person has registered with the law 
 23.29  enforcement authority where the person resides in the area of 
 23.30  the person's primary address, if any, or if the person lacks a 
 23.31  primary address, where the person is staying, as required by 
 23.32  subdivision 3a.  If the person has not registered with the law 
 23.33  enforcement authority, the bureau shall send one copy to that 
 23.34  authority.  
 23.35     (d) The corrections agent or law enforcement authority may 
 23.36  require that a person required to register under this section 
 24.1   appear before the agent or authority to be photographed.  The 
 24.2   agent or authority shall require a person required to register 
 24.3   under this section who is classified as a level III offender 
 24.4   under section 244.052 to appear before the agent or authority at 
 24.5   least every six months to be photographed.  The agent or 
 24.6   authority shall forward the photograph to the bureau of Criminal 
 24.7   Apprehension. 
 24.8      (e) During the period a person is required to register 
 24.9   under this section, the following shall provisions apply: 
 24.10     (1) Except for persons registering under subdivision 3a, 
 24.11  the bureau of Criminal Apprehension shall mail a verification 
 24.12  form to the last reported address of the person's residence last 
 24.13  reported primary address.  This verification form shall must 
 24.14  provide notice to the offender that, if the offender does not 
 24.15  return the verification form as required, information about the 
 24.16  offender may be made available to the public through electronic, 
 24.17  computerized, or other accessible means.  For persons who are 
 24.18  registered under subdivision 3a, the bureau shall mail an annual 
 24.19  verification form to the law enforcement authority where the 
 24.20  offender most recently reported.  The authority shall provide 
 24.21  the verification form to the person at the next weekly meeting 
 24.22  and ensure that the person completes and signs the form and 
 24.23  returns it to the bureau.  
 24.24     (2) The person shall mail the signed verification form back 
 24.25  to the bureau of Criminal Apprehension within ten days after 
 24.26  receipt of the form, stating on the form the current and last 
 24.27  address of the person's residence and the other information 
 24.28  required under subdivision 4a. 
 24.29     (3) In addition to the requirements listed in this section, 
 24.30  a person who under section 244.052 is assigned to risk level II 
 24.31  or risk level III, and who is no longer under correctional 
 24.32  supervision, shall have an annual in-person contact with the law 
 24.33  enforcement authority in the area of the person's primary 
 24.34  address or if the person has no primary address where the person 
 24.35  is staying.  During the month of the person's birth date, the 
 24.36  person shall report to the authority to verify the accuracy of 
 25.1   the registration information and to be photographed.  Within 
 25.2   three days of this contact, the authority shall enter 
 25.3   information as required by the bureau into the predatory 
 25.4   offender registration database and submit an updated photograph 
 25.5   of the person to the bureau's predatory offender registration 
 25.6   unit.  The authority may waive the photograph requirement for a 
 25.7   person assigned to risk level III who has recently been 
 25.8   photographed under paragraph (d).  
 25.9      (4) If the person fails to mail the completed and signed 
 25.10  verification form to the bureau of Criminal Apprehension within 
 25.11  ten days after receipt of the form, or if the person fails to 
 25.12  report to the law enforcement authority during the month of the 
 25.13  person's birth date, the person shall be is in violation of this 
 25.14  section. 
 25.15  For persons required to register under subdivision 1 1b, 
 25.16  paragraph (c), following commitment pursuant to a court 
 25.17  commitment under section 253B.185 or a similar law of another 
 25.18  state or the United States, the bureau shall comply with clause 
 25.19  (1) at least four times each year.  For persons who under 
 25.20  section 244.052 are assigned to risk level III and who are no 
 25.21  longer under correctional supervision, the bureau shall comply 
 25.22  with clause (1) at least two times each year.  For all other 
 25.23  persons required to register under this section, the bureau 
 25.24  shall comply with clause (1) each year within 30 days of the 
 25.25  anniversary date of the person's initial registration. 
 25.26     (f) When sending out a verification form, the bureau of 
 25.27  Criminal Apprehension must shall determine whether the person to 
 25.28  whom the verification form is being sent has signed a written 
 25.29  consent form as provided for in paragraph (a).  If the person 
 25.30  has not signed such a consent form, the bureau of Criminal 
 25.31  Apprehension must shall send a written consent form to the 
 25.32  person along with the verification form.  A person who receives 
 25.33  this written consent form must shall sign and return it to the 
 25.34  bureau of Criminal Apprehension at the same time as the 
 25.35  verification form. 
 25.36     (g) For the purposes of this subdivision, "treatment 
 26.1   facility" means a residential facility, as defined in section 
 26.2   244.052, subdivision 1, and residential chemical dependency 
 26.3   treatment programs and halfway houses licensed under chapter 
 26.4   245A, including, but not limited to, those facilities directly 
 26.5   or indirectly assisted by any department or agency of the United 
 26.6   States. 
 26.7      Subd. 4a.  [INFORMATION REQUIRED TO BE PROVIDED.] (a) As 
 26.8   used in this section: 
 26.9      (1) "motor vehicle" has the meaning given "vehicle" in 
 26.10  section 169.01, subdivision 2; 
 26.11     (2) "primary residence" means any place where the person 
 26.12  resides longer than 14 days or that is deemed a primary 
 26.13  residence by a person's corrections agent, if one is assigned to 
 26.14  the person; and 
 26.15     (3) "secondary residence" means any place where the person 
 26.16  regularly stays overnight when not staying at the person's 
 26.17  primary residence, and includes, but is not limited to: 
 26.18     (i) the person's parent's home if the person is a student 
 26.19  and stays at the home at times when the person is not staying at 
 26.20  school, including during the summer; and 
 26.21     (ii) the home of someone with whom the person has a minor 
 26.22  child in common where the child's custody is shared.  
 26.23     (b) A person required to register under this section shall 
 26.24  provide to the corrections agent or law enforcement authority 
 26.25  the following information: 
 26.26     (1) the address of the person's primary residence address; 
 26.27     (2) the addresses of all of the person's secondary 
 26.28  residences addresses in Minnesota, including all addresses used 
 26.29  for residential or recreational purposes; 
 26.30     (3) the addresses of all Minnesota property owned, leased, 
 26.31  or rented by the person; 
 26.32     (4) the addresses of all locations where the person is 
 26.33  employed; 
 26.34     (5) the addresses of all residences schools where the 
 26.35  person resides while attending school is enrolled; and 
 26.36     (6) the year, model, make, license plate number, and color 
 27.1   of all motor vehicles owned or regularly driven by the person.  
 27.2      (c) (b) The person shall report to the agent or authority 
 27.3   the information required to be provided under paragraph (b) (a), 
 27.4   clauses (2) to (6), within five days of the date the clause 
 27.5   becomes applicable.  If because of a change in circumstances any 
 27.6   information reported under paragraph (b) (a), clauses (1) to 
 27.7   (6), no longer applies, the person shall immediately inform the 
 27.8   agent or authority that the information is no longer valid.  If 
 27.9   the person leaves a primary address and does not have a new 
 27.10  primary address, the person shall register as provided in 
 27.11  subdivision 3a. 
 27.12     Subd. 5.  [CRIMINAL PENALTY.] (a) A person required to 
 27.13  register under this section who knowingly violates any of its 
 27.14  provisions or intentionally provides false information to a 
 27.15  corrections agent, law enforcement authority, or the bureau of 
 27.16  Criminal Apprehension is guilty of a felony and may be sentenced 
 27.17  to imprisonment for not more than five years or to payment of a 
 27.18  fine of not more than $10,000, or both. 
 27.19     (b) Except as provided in paragraph (c), a person convicted 
 27.20  of violating paragraph (a) shall be committed to the custody of 
 27.21  the commissioner of corrections for not less than a year and a 
 27.22  day, nor more than five years. 
 27.23     (c) A person convicted of violating paragraph (a), who has 
 27.24  previously been convicted of or adjudicated delinquent for 
 27.25  violating this section, shall be committed to the custody of the 
 27.26  commissioner of corrections for not less than two years, nor 
 27.27  more than five years. 
 27.28     (d) Prior to the time of sentencing, the prosecutor may 
 27.29  file a motion to have the person sentenced without regard to the 
 27.30  mandatory minimum sentence established by this subdivision.  The 
 27.31  motion shall must be accompanied by a statement on the record of 
 27.32  the reasons for it.  When presented with the motion, or on its 
 27.33  own motion, the court may sentence the person without regard to 
 27.34  the mandatory minimum sentence if the court finds substantial 
 27.35  and compelling reasons to do so.  Sentencing a person in the 
 27.36  manner described in this paragraph is a departure from the 
 28.1   Sentencing Guidelines. 
 28.2      (e) A person convicted and sentenced as required by this 
 28.3   subdivision is not eligible for probation, parole, discharge, 
 28.4   work release, or supervised release, until that person has 
 28.5   served the full term of imprisonment as provided by law, 
 28.6   notwithstanding the provisions of sections 241.26, 242.19, 
 28.7   243.05, 244.04, 609.12, and 609.135. 
 28.8      Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
 28.9   provisions of section 609.165, subdivision 1, and except as 
 28.10  provided in paragraphs (b), (c), and (d), a person required to 
 28.11  register under this section shall continue to comply with this 
 28.12  section until ten years have elapsed since the person initially 
 28.13  registered in connection with the offense, or until the 
 28.14  probation, supervised release, or conditional release period 
 28.15  expires, whichever occurs later.  For a person required to 
 28.16  register under this section who is committed under section 
 28.17  253B.18 or 253B.185, the ten-year registration period does not 
 28.18  include the period of commitment. 
 28.19     (b) If a person required to register under this section 
 28.20  fails to register following a change in residence the person's 
 28.21  primary or secondary address, employment, school, or motor 
 28.22  vehicle information; fails to report any property the person 
 28.23  owns, leases, or rents; or fails to return the annual 
 28.24  verification form within ten days, the commissioner of public 
 28.25  safety may require the person to continue to register for an 
 28.26  additional period of five years.  This five-year period is added 
 28.27  to the end of the offender's registration period.  
 28.28     (c) If a person required to register under this section is 
 28.29  subsequently incarcerated following a conviction for a new 
 28.30  offense or following a revocation of probation, supervised 
 28.31  release, or conditional release for that any offense, or a 
 28.32  conviction for any new offense, the person shall continue to 
 28.33  register until ten years have elapsed since the person was last 
 28.34  released from incarceration or until the person's probation, 
 28.35  supervised release, or conditional release period expires, 
 28.36  whichever occurs later. 
 29.1      (d) A person shall continue to comply with this section for 
 29.2   the life of that person:  
 29.3      (1) if the person is convicted of or adjudicated delinquent 
 29.4   for any offense for which registration is required under 
 29.5   subdivision 1 1b, or any offense from another state or any 
 29.6   federal offense similar to the offenses described in subdivision 
 29.7   1 1b, and the person has a prior conviction or adjudication for 
 29.8   an offense for which registration was or would have been 
 29.9   required under subdivision 1 1b, or an offense from another 
 29.10  state or a federal offense similar to an offense described in 
 29.11  subdivision 1 1b; 
 29.12     (2) if the person is required to register based upon a 
 29.13  conviction or delinquency adjudication for an offense under 
 29.14  section 609.185, clause (2), or a similar statute from another 
 29.15  state or the United States; 
 29.16     (3) if the person is required to register based upon a 
 29.17  conviction for an offense under section 609.342, subdivision 1, 
 29.18  paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 
 29.19  1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, 
 29.20  subdivision 1, paragraph (a), (c), or (g); or 609.345, 
 29.21  subdivision 1, paragraph (a), (c), or (g); or a statute from 
 29.22  another state or the United States similar to the offenses 
 29.23  described in this clause; or 
 29.24     (4) if the person is required to register under subdivision 
 29.25  1 1b, paragraph (c), following commitment pursuant to a court 
 29.26  commitment under section 253B.185 or a similar law of another 
 29.27  state or the United States. 
 29.28     Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
 29.29  provided in subdivision 7a or sections 244.052 and 299C.093, the 
 29.30  information provided under this section is private data on 
 29.31  individuals under section 13.02, subdivision 12.  The 
 29.32  information may be used only for law enforcement purposes.  
 29.33     Subd. 7a.  [AVAILABILITY OF INFORMATION ON OFFENDERS WHO 
 29.34  ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The bureau of 
 29.35  Criminal Apprehension may make information available to the 
 29.36  public about offenders who are 16 years of age or older and who 
 30.1   are out of compliance with this section for 30 days or longer 
 30.2   for failure to provide the address of the offenders' primary or 
 30.3   secondary residences addresses.  This information may be made 
 30.4   available to the public through electronic, computerized, or 
 30.5   other accessible means.  The amount and type of information made 
 30.6   available shall be is limited to the information necessary for 
 30.7   the public to assist law enforcement in locating the offender. 
 30.8      (b) An offender who comes into compliance with this section 
 30.9   after the bureau of Criminal Apprehension discloses information 
 30.10  about the offender to the public may send a written request to 
 30.11  the bureau requesting the bureau to treat information about the 
 30.12  offender as private data, consistent with subdivision 7.  The 
 30.13  bureau shall review the request and promptly take reasonable 
 30.14  action to treat the data as private, if the offender has 
 30.15  complied with the requirement that the offender provide the 
 30.16  addresses of the offender's primary and secondary residences 
 30.17  addresses, or promptly notify the offender that the information 
 30.18  will continue to be treated as public information and the 
 30.19  reasons for the bureau's decision. 
 30.20     (c) If an offender believes the information made public 
 30.21  about the offender is inaccurate or incomplete, the offender may 
 30.22  challenge the data under section 13.04, subdivision 4. 
 30.23     (d) The bureau of Criminal Apprehension is immune from any 
 30.24  civil or criminal liability that might otherwise arise, based on 
 30.25  the accuracy or completeness of any information made public 
 30.26  under this subdivision, if the bureau acts in good faith. 
 30.27     Subd. 8.  [LAW ENFORCEMENT AUTHORITY.] For purposes of this 
 30.28  section, a law enforcement authority means, with respect to a 
 30.29  home rule charter or statutory city, the chief of police, and 
 30.30  with respect to an unincorporated area, the sheriff of the 
 30.31  county. 
 30.32     Subd. 9.  [OFFENDERS FROM OTHER STATES.] When the state 
 30.33  accepts an offender from another state under a reciprocal 
 30.34  agreement under the interstate compact authorized by section 
 30.35  243.16 or 243.1605, or under any authorized interstate 
 30.36  agreement, the acceptance is conditional on the offender 
 31.1   agreeing to register under this section when the offender is 
 31.2   living in Minnesota. 
 31.3      Subd. 11.  [VENUE; AGGREGATION.] (a) A violation of this 
 31.4   section may be prosecuted in any jurisdiction where an offense 
 31.5   takes place.  However, the prosecutorial agency in the 
 31.6   jurisdiction where the person last registered a primary address 
 31.7   is initially responsible to review the case for prosecution.  
 31.8      (b) When a person commits two or more offenses in two or 
 31.9   more counties, the accused may be prosecuted for all of the 
 31.10  offenses in any county in which one of the offenses was 
 31.11  committed. 
 31.12     Subd. 12.  [CERTIFIED COPIES AS EVIDENCE.] Certified copies 
 31.13  of predatory offender registration records are admissible as 
 31.14  substantive evidence when necessary to prove the commission of a 
 31.15  violation of this section.  
 31.16     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 31.17  and applies to persons subject to predatory offender 
 31.18  registration on or after that date.  
 31.19     Sec. 2.  Minnesota Statutes 2002, section 243.167, is 
 31.20  amended to read: 
 31.21     243.167 [REGISTRATION UNDER THE PREDATORY OFFENDER 
 31.22  REGISTRATION LAW FOR OTHER OFFENSES.] 
 31.23     Subdivision 1.  [DEFINITION.] As used in this section, 
 31.24  "crime against the person" means a violation of any of the 
 31.25  following or a similar law of another state or of the United 
 31.26  States:  section 609.165; 609.185; 609.19; 609.195; 609.20; 
 31.27  609.205; 609.221; 609.222; 609.223; 609.2231; 609.224, 
 31.28  subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235; 
 31.29  609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 
 31.30  2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23, 
 31.31  subdivision 2; or any felony-level violation of section 609.229; 
 31.32  609.377; 609.749; or 624.713. 
 31.33     Subd. 2.  [WHEN REQUIRED.] (a) In addition to the 
 31.34  requirements of section 243.166, a person also shall register 
 31.35  under section 243.166 if: 
 31.36     (1) the person is convicted of a crime against the person; 
 32.1   and 
 32.2      (2) the person was previously convicted of or adjudicated 
 32.3   delinquent for an offense listed in section 243.166, subdivision 
 32.4   1, paragraph (a), but was not required to register for the 
 32.5   offense because the registration requirements of that section 
 32.6   did not apply to the person at the time the offense was 
 32.7   committed or at the time the person was released from 
 32.8   imprisonment. 
 32.9      (b) A person who was previously required to register under 
 32.10  section 243.166 in any state and who has completed the 
 32.11  registration requirements of that section state shall again 
 32.12  register under section 243.166 if the person commits a crime 
 32.13  against the person. 
 32.14     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 32.15  and applies to crimes committed on or after that date.  
 32.16     Sec. 3.  [243.95] [REPORT ON COMMUNITY CORRECTIONAL 
 32.17  SUPERVISION.] 
 32.18     By January 15 of each year, the commissioner of corrections 
 32.19  shall report to the chairs of the senate and house committees 
 32.20  having jurisdiction over criminal justice policy on the number, 
 32.21  geographic location, and aggregate and average caseloads for 
 32.22  each caseload type of level II and level III sex offender 
 32.23  residing in the state for the preceding calendar year.  In 
 32.24  addition, the commissioner shall provide this information for 
 32.25  all other types of offenders.  The commissioner shall compile 
 32.26  and include in the report comparative historical data for the 
 32.27  five calendar years preceding the year included in the report.  
 32.28     Sec. 4.  Minnesota Statutes 2002, section 244.052, 
 32.29  subdivision 3, is amended to read: 
 32.30     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
 32.31  commissioner of corrections shall establish and administer 
 32.32  end-of-confinement review committees at each state correctional 
 32.33  facility and at each state treatment facility where predatory 
 32.34  offenders are confined.  The committees shall assess on a 
 32.35  case-by-case basis the public risk posed by predatory offenders 
 32.36  who are about to be released from confinement. 
 33.1      (b) Each committee shall be a standing committee and shall 
 33.2   consist of the following members appointed by the commissioner: 
 33.3      (1) the chief executive officer or head of the correctional 
 33.4   or treatment facility where the offender is currently confined, 
 33.5   or that person's designee; 
 33.6      (2) a law enforcement officer; 
 33.7      (3) a treatment professional who is trained in the 
 33.8   assessment of sex offenders; 
 33.9      (4) a caseworker experienced in supervising sex offenders; 
 33.10  and 
 33.11     (5) a victim's services professional. 
 33.12     Members of the committee, other than the facility's chief 
 33.13  executive officer or head, shall be appointed by the 
 33.14  commissioner to two-year terms.  The chief executive officer or 
 33.15  head of the facility or designee shall act as chair of the 
 33.16  committee and shall use the facility's staff, as needed, to 
 33.17  administer the committee, obtain necessary information from 
 33.18  outside sources, and prepare risk assessment reports on 
 33.19  offenders. 
 33.20     (c) The committee shall have access to the following data 
 33.21  on a predatory offender only for the purposes of its assessment 
 33.22  and to defend the committee's risk assessment determination upon 
 33.23  administrative review under this section: 
 33.24     (1) private medical data under section 13.384 or 144.335, 
 33.25  or welfare data under section 13.46 that relate to medical 
 33.26  treatment of the offender; 
 33.27     (2) private and confidential court services data under 
 33.28  section 13.84; 
 33.29     (3) private and confidential corrections data under section 
 33.30  13.85; and 
 33.31     (4) private criminal history data under section 13.87. 
 33.32     Data collected and maintained by the committee under this 
 33.33  paragraph may not be disclosed outside the committee, except as 
 33.34  provided under section 13.05, subdivision 3 or 4.  The predatory 
 33.35  offender has access to data on the offender collected and 
 33.36  maintained by the committee, unless the data are confidential 
 34.1   data received under this paragraph. 
 34.2      (d)(i) Except as otherwise provided in item (ii), at least 
 34.3   90 days before a predatory offender is to be released from 
 34.4   confinement, the commissioner of corrections shall convene the 
 34.5   appropriate end-of-confinement review committee for the purpose 
 34.6   of assessing the risk presented by the offender and determining 
 34.7   the risk level to which the offender shall be assigned under 
 34.8   paragraph (e).  The offender and the law enforcement agency that 
 34.9   was responsible for the charge resulting in confinement shall be 
 34.10  notified of the time and place of the committee's meeting.  The 
 34.11  offender has a right to be present and be heard at the meeting.  
 34.12  The law enforcement agency may provide material in writing that 
 34.13  is relevant to the offender's risk level to the chair of the 
 34.14  committee.  The committee shall use the risk factors described 
 34.15  in paragraph (g) and the risk assessment scale developed under 
 34.16  subdivision 2 to determine the offender's risk assessment score 
 34.17  and risk level.  Offenders scheduled for release from 
 34.18  confinement shall be assessed by the committee established at 
 34.19  the facility from which the offender is to be released.  
 34.20     (ii) If an offender is received for confinement in a 
 34.21  facility with less than 90 days remaining in the offender's term 
 34.22  of confinement, the offender's risk shall be assessed at the 
 34.23  first regularly scheduled end of confinement review committee 
 34.24  that convenes after the appropriate documentation for the risk 
 34.25  assessment is assembled by the committee.  The commissioner 
 34.26  shall make reasonable efforts to ensure that offender's risk is 
 34.27  assessed and a risk level is assigned or reassigned at least 30 
 34.28  days before the offender's release date. 
 34.29     (e) The committee shall assign to risk level I a predatory 
 34.30  offender whose risk assessment score indicates a low risk of 
 34.31  reoffense.  The committee shall assign to risk level II an 
 34.32  offender whose risk assessment score indicates a moderate risk 
 34.33  of reoffense.  The committee shall assign to risk level III an 
 34.34  offender whose risk assessment score indicates a high risk of 
 34.35  reoffense. 
 34.36     (f) Before the predatory offender is released from 
 35.1   confinement, the committee shall prepare a risk assessment 
 35.2   report which specifies the risk level to which the offender has 
 35.3   been assigned and the reasons underlying the committee's risk 
 35.4   assessment decision.  The committee shall give the report to the 
 35.5   offender and to the law enforcement agency at least 60 days 
 35.6   before an offender is released from confinement.  If the risk 
 35.7   assessment is performed under the circumstances described in 
 35.8   paragraph (d), item (ii), the report shall be given to the 
 35.9   offender and the law enforcement agency as soon as it is 
 35.10  available.  The committee also shall inform the offender of the 
 35.11  availability of review under subdivision 6. 
 35.12     (g) As used in this subdivision, "risk factors" includes, 
 35.13  but is not limited to, the following factors: 
 35.14     (1) the seriousness of the offense should the offender 
 35.15  reoffend.  This factor includes consideration of the following:  
 35.16     (i) the degree of likely force or harm; 
 35.17     (ii) the degree of likely physical contact; and 
 35.18     (iii) the age of the likely victim; 
 35.19     (2) the offender's prior offense history.  This factor 
 35.20  includes consideration of the following: 
 35.21     (i) the relationship of prior victims to the offender; 
 35.22     (ii) the number of prior offenses or victims; 
 35.23     (iii) the duration of the offender's prior offense history; 
 35.24     (iv) the length of time since the offender's last prior 
 35.25  offense while the offender was at risk to commit offenses; and 
 35.26     (v) the offender's prior history of other antisocial acts; 
 35.27     (3) the offender's characteristics.  This factor includes 
 35.28  consideration of the following:  
 35.29     (i) the offender's response to prior treatment efforts; and 
 35.30     (ii) the offender's history of substance abuse; 
 35.31     (4) the availability of community supports to the offender. 
 35.32  This factor includes consideration of the following: 
 35.33     (i) the availability and likelihood that the offender will 
 35.34  be involved in therapeutic treatment; 
 35.35     (ii) the availability of residential supports to the 
 35.36  offender, such as a stable and supervised living arrangement in 
 36.1   an appropriate location; 
 36.2      (iii) the offender's familial and social relationships, 
 36.3   including the nature and length of these relationships and the 
 36.4   level of support that the offender may receive from these 
 36.5   persons; and 
 36.6      (iv) the offender's lack of education or employment 
 36.7   stability; 
 36.8      (5) whether the offender has indicated or credible evidence 
 36.9   in the record indicates that the offender will reoffend if 
 36.10  released into the community; and 
 36.11     (6) whether the offender demonstrates a physical condition 
 36.12  that minimizes the risk of reoffense, including but not limited 
 36.13  to, advanced age or a debilitating illness or physical condition.
 36.14     (h) Upon the request of the law enforcement agency or the 
 36.15  offender's corrections agent, the commissioner may reconvene the 
 36.16  end-of-confinement review committee for the purpose of 
 36.17  reassessing the risk level to which an offender has been 
 36.18  assigned under paragraph (e).  In a request for a reassessment, 
 36.19  the law enforcement agency which was responsible for the charge 
 36.20  resulting in confinement or agent shall list the facts and 
 36.21  circumstances arising after the initial assignment or facts and 
 36.22  circumstances known to law enforcement or the agent but not 
 36.23  considered by the committee under paragraph (e) which support 
 36.24  the request for a reassessment.  The request for reassessment by 
 36.25  the law enforcement agency must occur within 30 days of receipt 
 36.26  of the report indicating the offender's risk level assignment.  
 36.27  The offender's corrections agent, in consultation with the chief 
 36.28  law enforcement officer in the area where the offender resides 
 36.29  or intends to reside, may request a review of a risk level at 
 36.30  any time if substantial evidence exists that the offender's risk 
 36.31  level should be reviewed by an end-of-confinement review 
 36.32  committee.  This evidence includes, but is not limited to, 
 36.33  evidence of treatment failures or completions, evidence of 
 36.34  exceptional crime-free community adjustment or lack of 
 36.35  appropriate adjustment, evidence of substantial community need 
 36.36  to know more about the offender or mitigating circumstances that 
 37.1   would narrow the proposed scope of notification, or other 
 37.2   practical situations articulated and based in evidence of the 
 37.3   offender's behavior while under supervision.  Upon review of the 
 37.4   request, the end-of-confinement review committee may reassign an 
 37.5   offender to a different risk level.  If the offender is 
 37.6   reassigned to a higher risk level, the offender has the right to 
 37.7   seek review of the committee's determination under subdivision 6.
 37.8      (i) An offender may request the end-of-confinement review 
 37.9   committee to reassess the offender's assigned risk level after 
 37.10  three years have elapsed since the committee's initial risk 
 37.11  assessment and may renew the request once every two years 
 37.12  following subsequent denials.  In a request for reassessment, 
 37.13  the offender shall list the facts and circumstances which 
 37.14  demonstrate that the offender no longer poses the same degree of 
 37.15  risk to the community.  In order for a request for a risk level 
 37.16  reduction to be granted, the offender must demonstrate full 
 37.17  compliance with supervised release conditions, completion of 
 37.18  required post-release treatment programming, and full compliance 
 37.19  with all registration requirements as detailed in section 
 37.20  243.166.  The offender must also not have been convicted of any 
 37.21  felony, gross misdemeanor, or misdemeanor offenses subsequent to 
 37.22  the assignment of the original risk level.  The committee shall 
 37.23  follow the process outlined in paragraphs (a) to (c) in the 
 37.24  reassessment.  An offender who is incarcerated may not request a 
 37.25  reassessment under this paragraph. 
 37.26     (j) Offenders returned to prison as release violators shall 
 37.27  not have a right to a subsequent risk reassessment by the 
 37.28  end-of-confinement review committee unless substantial evidence 
 37.29  indicates that the offender's risk to the public has increased. 
 37.30     (k) The commissioner shall establish an end-of-confinement 
 37.31  review committee to assign a risk level to offenders who: 
 37.32     (1) are released from a any federal correctional facility 
 37.33  in Minnesota or from any state correctional facility of another 
 37.34  state, and who intend to reside in Minnesota, and to offenders; 
 37.35  or 
 37.36     (2) are accepted from another state under a reciprocal 
 38.1   agreement for parole supervision under the interstate compact 
 38.2   authorized by section 243.16 or 243.1605.  
 38.3   The committee shall make reasonable efforts to conform to the 
 38.4   same timelines as applied to Minnesota cases.  Offenders 
 38.5   accepted from another state under a reciprocal agreement for 
 38.6   probation supervision are not assigned a risk level, but are 
 38.7   considered downward dispositional departures.  The probation or 
 38.8   court services officer and law enforcement officer shall manage 
 38.9   such cases in accordance with section 244.10, subdivision 2a.  
 38.10  the policies and procedures of the committee for federal 
 38.11  offenders and interstate compact cases must be in accordance 
 38.12  with all requirements as set forth in this section, unless 
 38.13  restrictions caused by the nature of federal or interstate 
 38.14  transfers prevents such conformance. 
 38.15     (l) If the committee assigns a predatory offender to risk 
 38.16  level III, the committee shall determine whether residency 
 38.17  restrictions shall be included in the conditions of the 
 38.18  offender's release based on the offender's pattern of offending 
 38.19  behavior. 
 38.20     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 38.21  and applies to offenders entering the state, released from 
 38.22  confinement, subject to community notification, or sentenced on 
 38.23  or after that date.  
 38.24     Sec. 5.  Minnesota Statutes 2002, section 244.052, is 
 38.25  amended by adding a subdivision to read: 
 38.26     Subd. 3a.  [OUT-OF-STATE OFFENDERS; NOTIFICATION 
 38.27  AUTHORIZED.] (a) This subdivision applies to offenders who move 
 38.28  or have moved to Minnesota from other states and who: 
 38.29     (1) at the time of the move are subject to a community 
 38.30  notification statute similar to this section in the state from 
 38.31  which the offender is moving; and 
 38.32     (2) are not assigned a risk level under subdivision 3, 
 38.33  paragraph (k).  
 38.34     (b) The law enforcement agency in the area where an 
 38.35  offender described in paragraph (a) resides, expects to reside, 
 38.36  or is regularly found, may disclose information regarding the 
 39.1   offender consistent with subdivision 4, paragraph (a).  The 
 39.2   extent of the notification must be consistent with the 
 39.3   notification made about the offender in the state from which the 
 39.4   offender is moving or has moved.  However, the extent of the 
 39.5   notification may not exceed that of a risk level II offender 
 39.6   under subdivision 4, paragraph (b), unless the requirements of 
 39.7   paragraph (c) have been met.  Except as otherwise provided in 
 39.8   this subdivision and unless clearly inapplicable, the provisions 
 39.9   of subdivision 4 apply to notifications made under this 
 39.10  paragraph.  
 39.11     (c) If the notification made concerning the offender in the 
 39.12  state from which the offender is moving or has moved is broader 
 39.13  than that authorized for a level II offender under subdivision 
 39.14  4, paragraph (b), and the agency wants to make a broader 
 39.15  disclosure, the agency may request the end of confinement review 
 39.16  committee at the nearest state correctional or treatment 
 39.17  facility to assign a risk level to the offender.  The agency 
 39.18  shall provide to the committee all information concerning the 
 39.19  offender's criminal history, the risk the offender poses to the 
 39.20  community, and other relevant information.  In addition, the 
 39.21  committee shall attempt to obtain other information relevant to 
 39.22  determining which risk level to assign the offender.  Except as 
 39.23  provided in this subdivision and unless clearly inapplicable, 
 39.24  the provisions of subdivision 3 govern the risk assessment under 
 39.25  this paragraph.  If the committee assigns the offender to risk 
 39.26  level III, the agency may disclose information in a manner 
 39.27  consistent with a level III offender under subdivision 4, 
 39.28  paragraph (b). 
 39.29     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 39.30  and applies to offenders entering the state, released from 
 39.31  confinement, subject to community notification, or sentenced on 
 39.32  or after that date.  
 39.33     Sec. 6.  Minnesota Statutes 2002, section 244.052, 
 39.34  subdivision 4, is amended to read: 
 39.35     Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
 39.36  INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
 40.1   area where the predatory offender resides, expects to reside, is 
 40.2   employed, or is regularly found, shall disclose to the public 
 40.3   any information regarding the offender contained in the report 
 40.4   forwarded to the agency under subdivision 3, paragraph (f), that 
 40.5   is relevant and necessary to protect the public and to 
 40.6   counteract the offender's dangerousness, consistent with the 
 40.7   guidelines in paragraph (b).  The extent of the information 
 40.8   disclosed and the community to whom disclosure is made must 
 40.9   relate to the level of danger posed by the offender, to the 
 40.10  offender's pattern of offending behavior, and to the need of 
 40.11  community members for information to enhance their individual 
 40.12  and collective safety. 
 40.13     (b) The law enforcement agency shall employ the following 
 40.14  guidelines in determining the scope of disclosure made under 
 40.15  this subdivision: 
 40.16     (1) if the offender is assigned to risk level I, the agency 
 40.17  may maintain information regarding the offender within the 
 40.18  agency and may disclose it to other law enforcement agencies.  
 40.19  Additionally, the agency may disclose the information to any 
 40.20  victims of or witnesses to the offense committed by the 
 40.21  offender. The agency shall disclose the information to victims 
 40.22  of the offense committed by the offender who have requested 
 40.23  disclosure and to adult members of the offender's immediate 
 40.24  household; 
 40.25     (2) if the offender is assigned to risk level II, the 
 40.26  agency also may disclose the information to agencies and groups 
 40.27  that the offender is likely to encounter for the purpose of 
 40.28  securing those institutions and protecting individuals in their 
 40.29  care while they are on or near the premises of the institution.  
 40.30  These agencies and groups include the staff members of public 
 40.31  and private educational institutions, day care establishments, 
 40.32  and establishments and organizations that primarily serve 
 40.33  individuals likely to be victimized by the offender.  The agency 
 40.34  also may disclose the information to individuals the agency 
 40.35  believes are likely to be victimized by the offender.  The 
 40.36  agency's belief shall be based on the offender's pattern of 
 41.1   offending or victim preference as documented in the information 
 41.2   provided by the department of corrections or human services; 
 41.3      (3) if the offender is assigned to risk level III, the 
 41.4   agency shall disclose the information to the persons and 
 41.5   entities described in clauses (1) and (2) and to other members 
 41.6   of the community whom the offender is likely to encounter, 
 41.7   unless the law enforcement agency determines that public safety 
 41.8   would be compromised by the disclosure or that a more limited 
 41.9   disclosure is necessary to protect the identity of the victim. 
 41.10     Notwithstanding the assignment of a predatory offender to 
 41.11  risk level II or III, a law enforcement agency may not make the 
 41.12  disclosures permitted or required by clause (2) or (3), if:  the 
 41.13  offender is placed or resides in a residential facility.  
 41.14  However, if an offender is placed or resides in a residential 
 41.15  facility, the offender and the head of the facility shall 
 41.16  designate the offender's likely residence upon release from the 
 41.17  facility and the head of the facility shall notify the 
 41.18  commissioner of corrections or the commissioner of human 
 41.19  services of the offender's likely residence at least 14 days 
 41.20  before the offender's scheduled release date.  The commissioner 
 41.21  shall give this information to the law enforcement agency having 
 41.22  jurisdiction over the offender's likely residence.  The head of 
 41.23  the residential facility also shall notify the commissioner of 
 41.24  corrections or human services within 48 hours after finalizing 
 41.25  the offender's approved relocation plan to a permanent 
 41.26  residence.  Within five days after receiving this notification, 
 41.27  the appropriate commissioner shall give to the appropriate law 
 41.28  enforcement agency all relevant information the commissioner has 
 41.29  concerning the offender, including information on the risk 
 41.30  factors in the offender's history and the risk level to which 
 41.31  the offender was assigned.  After receiving this information, 
 41.32  the law enforcement agency shall make the disclosures permitted 
 41.33  or required by clause (2) or (3), as appropriate. 
 41.34     (c) As used in paragraph (b), clauses (2) and (3), "likely 
 41.35  to encounter" means that:  
 41.36     (1) the organizations or community members are in a 
 42.1   location or in close proximity to a location where the offender 
 42.2   lives or is employed, or which the offender visits or is likely 
 42.3   to visit on a regular basis, other than the location of the 
 42.4   offender's outpatient treatment program; and 
 42.5      (2) the types of interaction which ordinarily occur at that 
 42.6   location and other circumstances indicate that contact with the 
 42.7   offender is reasonably certain. 
 42.8      (d) A law enforcement agency or official who discloses 
 42.9   information under this subdivision shall make a good faith 
 42.10  effort to make the notification within 14 days of receipt of a 
 42.11  confirmed address from the Department of Corrections indicating 
 42.12  that the offender will be, or has been, released from 
 42.13  confinement, or accepted for supervision, or has moved to a new 
 42.14  address and will reside at the address indicated.  If a change 
 42.15  occurs in the release plan, this notification provision does not 
 42.16  require an extension of the release date.  
 42.17     (e) A law enforcement agency or official who discloses 
 42.18  information under this subdivision shall not disclose the 
 42.19  identity or any identifying characteristics of the victims of or 
 42.20  witnesses to the offender's offenses. 
 42.21     (f) A law enforcement agency shall continue to disclose 
 42.22  information on an offender as required by this subdivision for 
 42.23  as long as the offender is required to register under section 
 42.24  243.166.  This requirement on a law enforcement agency to 
 42.25  continue to disclose information also applies to an offender who 
 42.26  lacks a primary address and is registering under section 
 42.27  243.166, subdivision 3a. 
 42.28     (g) A law enforcement agency that is disclosing information 
 42.29  on an offender assigned to risk level III to the public under 
 42.30  this subdivision shall inform the commissioner of corrections 
 42.31  what information is being disclosed and forward this information 
 42.32  to the commissioner within two days of the agency's 
 42.33  determination.  The commissioner shall post this information on 
 42.34  the Internet as required in subdivision 4b. 
 42.35     (h) A city council may adopt a policy that addresses when 
 42.36  information disclosed under this subdivision must be presented 
 43.1   in languages in addition to English.  The policy may address 
 43.2   when information must be presented orally, in writing, or both 
 43.3   in additional languages by the law enforcement agency disclosing 
 43.4   the information.  The policy may provide for different 
 43.5   approaches based on the prevalence of non-English languages in 
 43.6   different neighborhoods. 
 43.7      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 43.8   and applies to offenders entering the state, released from 
 43.9   confinement, subject to community notification, or sentenced on 
 43.10  or after that date.  
 43.11     Sec. 7.  Minnesota Statutes 2002, section 244.10, 
 43.12  subdivision 2a, is amended to read: 
 43.13     Subd. 2a.  [NOTICE OF INFORMATION REGARDING PREDATORY 
 43.14  OFFENDERS.] (a) Subject to paragraph (b), in any case in which a 
 43.15  person is convicted of an offense and the presumptive sentence 
 43.16  under the Sentencing Guidelines is commitment to the custody of 
 43.17  the commissioner of corrections, if the court grants a 
 43.18  dispositional departure and stays imposition or execution of 
 43.19  sentence, the probation or court services officer who is 
 43.20  assigned to supervise the offender shall provide in writing to 
 43.21  the following the fact that the offender is on probation and the 
 43.22  terms and conditions of probation: 
 43.23     (1) a victim of and any witnesses to the offense committed 
 43.24  by the offender, if the victim or the witness has requested 
 43.25  notice; and 
 43.26     (2) the chief law enforcement officer in the area where the 
 43.27  offender resides or intends to reside. 
 43.28     The law enforcement officer, in consultation with the 
 43.29  offender's probation officer, may provide all or part of this 
 43.30  information to any of the following agencies or groups the 
 43.31  offender is likely to encounter:  public and private educational 
 43.32  institutions, day care establishments, and establishments or 
 43.33  organizations that primarily serve individuals likely to be 
 43.34  victimized by the offender.  The law enforcement officer, in 
 43.35  consultation with the offender's probation officer, also may 
 43.36  disclose the information to individuals the officer believes are 
 44.1   likely to be victimized by the offender.  The officer's belief 
 44.2   shall be based on the offender's pattern of offending or victim 
 44.3   preference as documented in the information provided by the 
 44.4   Department of Corrections or Department of Human Services.  
 44.5      The probation officer is not required under this 
 44.6   subdivision to provide any notice while the offender is placed 
 44.7   or resides in a residential facility that is licensed under 
 44.8   section 245A.02, subdivision 14, or 241.021, if the facility 
 44.9   staff is trained in the supervision of sex offenders. 
 44.10     (b) Paragraph (a) applies only to offenders required to 
 44.11  register under section 243.166, as a result of the conviction. 
 44.12     (c) The notice authorized by paragraph (a) shall be limited 
 44.13  to data classified as public under section 13.84, subdivision 6, 
 44.14  unless the offender provides informed consent to authorize the 
 44.15  release of nonpublic data or unless a court order authorizes the 
 44.16  release of nonpublic data. 
 44.17     (d) Nothing in this subdivision shall be interpreted to 
 44.18  impose a duty on any person to use any information regarding an 
 44.19  offender about whom notification is made under this subdivision. 
 44.20     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 44.21  and applies to offenders entering the state, released from 
 44.22  confinement, subject to community notification, or sentenced on 
 44.23  or after that date.  
 44.24     Sec. 8.  [609.3455] [USE OF POLYGRAPHS FOR SEX OFFENDERS ON 
 44.25  PROBATION OR CONDITIONAL RELEASE.] 
 44.26     (a) A court may order as an intermediate sanction under 
 44.27  section 609.135 and the commissioner of corrections may order as 
 44.28  a condition of release under section 244.05, 609.108, or 609.109 
 44.29  that an offender under supervision for a sex offense submit to 
 44.30  polygraphic examinations to ensure compliance with the terms of 
 44.31  probation or conditions of release.  
 44.32     (b) The court or commissioner may order the offender to pay 
 44.33  all or a portion of the costs of the examinations.  The fee may 
 44.34  be waived if the offender is indigent or if payment would result 
 44.35  in an economic hardship to the offender's immediate family.  
 44.36     [EFFECTIVE DATE.] This section is effective the day 
 45.1   following final enactment.  
 45.2      Sec. 9.  [PROTOCOL ON USE OF POLYGRAPHS.] 
 45.3      By September 1, 2004, the chief justice of the Supreme 
 45.4   Court, in consultation with the Conference of Chief Judges, is 
 45.5   requested to develop a protocol for the use of polygraphic 
 45.6   examinations for sex offenders placed on probation under 
 45.7   Minnesota Statutes, section 609.3455.  This protocol shall be 
 45.8   distributed to judges across the state.  
 45.9      [EFFECTIVE DATE.] This section is effective the day 
 45.10  following final enactment.  
 45.11     Sec. 10.  [REVISOR INSTRUCTION.] 
 45.12     The revisor of statutes shall change all references to 
 45.13  section 243.166, subdivision 1, in Minnesota Statutes to section 
 45.14  243.166.  In addition, the revisor shall make other technical 
 45.15  changes necessitated by this article.  
 45.16     Sec. 11.  [APPROPRIATIONS.] 
 45.17     Subdivision 1.  [CORRECTIONS.] $....... is appropriated 
 45.18  from the general fund to the commissioner of corrections for the 
 45.19  fiscal year ending June 30, 2005.  Of this amount:  
 45.20     (1) $....... is for the polygraphic examinations detailed 
 45.21  in Minnesota Statutes, section 609.3455; 
 45.22     (2) $....... is for the acquisition of bracelets equipped 
 45.23  with tracking devices designed to track and monitor the movement 
 45.24  and location of criminal offenders; 
 45.25     (3) $....... is to provide intensive supervised release 
 45.26  services for unserved counties and to increase services to 
 45.27  existing intensive supervised release programs for high-risk sex 
 45.28  offenders; 
 45.29     (4) $....... is to increase the supervision of sex 
 45.30  offenders who are on probation or supervised release by means of 
 45.31  caseload reduction; and 
 45.32     (5) $....... is for grants to counties to provide chemical 
 45.33  dependency and sex offender treatment to criminal offenders 
 45.34  incarcerated at local correctional facilities or ordered to 
 45.35  complete treatment as a condition of probation or release. 
 45.36     The commissioner shall use the bracelets described in 
 46.1   clause (2) to monitor high-risk sex offenders who are on 
 46.2   supervised release or probation to help ensure that the 
 46.3   offenders do not violate conditions of their release or 
 46.4   probation. 
 46.5      The commissioner shall distribute the appropriation in 
 46.6   clause (4) proportionately between Community Corrections Act 
 46.7   counties, probation and supervised release services, and county 
 46.8   probation officer reimbursements.  
 46.9      Subd. 2.  [STATE COURT ADMINISTRATOR.] $....... is 
 46.10  appropriated from the general fund to the state court 
 46.11  administrator for the fiscal year ending June 30, 2005, for the 
 46.12  polygraphic examinations detailed in Minnesota Statutes, section 
 46.13  609.3455.  
 46.14     Sec. 12.  [REPEALER.] 
 46.15     Minnesota Statutes 2002, section 243.166, subdivisions 1 
 46.16  and 8, are repealed. 
 46.17     [EFFECTIVE DATE.] This section is effective August 1, 2004. 
 46.18                             ARTICLE 3
 46.19                           SEX OFFENDERS:
 46.20                  TECHNICAL AND CONFORMING CHANGES
 46.21     Section 1.  Minnesota Statutes 2003 Supplement, section 
 46.22  14.03, subdivision 3, is amended to read: 
 46.23     Subd. 3.  [RULEMAKING PROCEDURES.] (a) The definition of a 
 46.24  rule in section 14.02, subdivision 4, does not include: 
 46.25     (1) rules concerning only the internal management of the 
 46.26  agency or other agencies that do not directly affect the rights 
 46.27  of or procedures available to the public; 
 46.28     (2) an application deadline on a form; and the remainder of 
 46.29  a form and instructions for use of the form to the extent that 
 46.30  they do not impose substantive requirements other than 
 46.31  requirements contained in statute or rule; 
 46.32     (3) the curriculum adopted by an agency to implement a 
 46.33  statute or rule permitting or mandating minimum educational 
 46.34  requirements for persons regulated by an agency, provided the 
 46.35  topic areas to be covered by the minimum educational 
 46.36  requirements are specified in statute or rule; 
 47.1      (4) procedures for sharing data among government agencies, 
 47.2   provided these procedures are consistent with chapter 13 and 
 47.3   other law governing data practices.  
 47.4      (b) The definition of a rule in section 14.02, subdivision 
 47.5   4, does not include: 
 47.6      (1) rules of the commissioner of corrections relating to 
 47.7   the release, placement, term, and supervision of inmates serving 
 47.8   a supervised release or conditional release term, the internal 
 47.9   management of institutions under the commissioner's control, and 
 47.10  rules adopted under section 609.105 governing the inmates of 
 47.11  those institutions; 
 47.12     (2) rules relating to weight limitations on the use of 
 47.13  highways when the substance of the rules is indicated to the 
 47.14  public by means of signs; 
 47.15     (3) opinions of the attorney general; 
 47.16     (4) the data element dictionary and the annual data 
 47.17  acquisition calendar of the Department of Education to the 
 47.18  extent provided by section 125B.07; 
 47.19     (5) the occupational safety and health standards provided 
 47.20  in section 182.655; 
 47.21     (6) revenue notices and tax information bulletins of the 
 47.22  commissioner of revenue; 
 47.23     (7) uniform conveyancing forms adopted by the commissioner 
 47.24  of commerce under section 507.09; or 
 47.25     (8) the interpretive guidelines developed by the 
 47.26  commissioner of human services to the extent provided in chapter 
 47.27  245A. 
 47.28     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 47.29  and applies to crimes committed on or after that date. 
 47.30     Sec. 2.  Minnesota Statutes 2002, section 244.05, 
 47.31  subdivision 6, is amended to read: 
 47.32     Subd. 6.  [INTENSIVE SUPERVISED RELEASE.] The commissioner 
 47.33  may order that an inmate be placed on intensive supervised 
 47.34  release for all or part of the inmate's supervised release or 
 47.35  parole term if the commissioner determines that the action will 
 47.36  further the goals described in section 244.14, subdivision 1, 
 48.1   clauses (2), (3), and (4).  In addition, the commissioner may 
 48.2   order that an inmate be placed on intensive supervised release 
 48.3   for all of the inmate's conditional or supervised release term 
 48.4   if the inmate was convicted of a sex offense under sections 
 48.5   section 609.342 to, 609.343, 609.344, 609.345, or 609.3453 or 
 48.6   was sentenced under the provisions of section 609.108.  The 
 48.7   commissioner may impose appropriate conditions of release on the 
 48.8   inmate including but not limited to unannounced searches of the 
 48.9   inmate's person, vehicle, or premises by an intensive 
 48.10  supervision agent; compliance with court-ordered restitution, if 
 48.11  any; random drug testing; house arrest; daily curfews; frequent 
 48.12  face-to-face contacts with an assigned intensive supervision 
 48.13  agent; work, education, or treatment requirements; and 
 48.14  electronic surveillance.  In addition, any sex offender placed 
 48.15  on intensive supervised release may be ordered to participate in 
 48.16  an appropriate sex offender program as a condition of release.  
 48.17  If the inmate violates the conditions of the intensive 
 48.18  supervised release, the commissioner shall impose sanctions as 
 48.19  provided in subdivision 3 and section 609.108.  
 48.20     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 48.21  and applies to crimes committed on or after that date. 
 48.22     Sec. 3.  Minnesota Statutes 2002, section 244.05, 
 48.23  subdivision 7, is amended to read: 
 48.24     Subd. 7.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 
 48.25  (a) Before the commissioner releases from prison any inmate 
 48.26  convicted under sections section 609.342 to, 609.343, 609.344, 
 48.27  609.345, or 609.3453 or sentenced as a patterned offender under 
 48.28  section 609.108, and determined by the commissioner to be in a 
 48.29  high risk category, the commissioner shall make a preliminary 
 48.30  determination whether, in the commissioner's opinion, a petition 
 48.31  under section 253B.185 may be appropriate.  
 48.32     (b) In making this decision, the commissioner shall have 
 48.33  access to the following data only for the purposes of the 
 48.34  assessment and referral decision: 
 48.35     (1) private medical data under section 13.384 or 144.335, 
 48.36  or welfare data under section 13.46 that relate to medical 
 49.1   treatment of the offender; 
 49.2      (2) private and confidential court services data under 
 49.3   section 13.84; 
 49.4      (3) private and confidential corrections data under section 
 49.5   13.85; and 
 49.6      (4) private criminal history data under section 13.87. 
 49.7      (c) If the commissioner determines that a petition may be 
 49.8   appropriate, the commissioner shall forward this determination, 
 49.9   along with a summary of the reasons for the determination, to 
 49.10  the county attorney in the county where the inmate was convicted 
 49.11  no later than 12 months before the inmate's release date.  If 
 49.12  the inmate is received for incarceration with fewer than 12 
 49.13  months remaining in the inmate's term of imprisonment, or if the 
 49.14  commissioner receives additional information less than 12 months 
 49.15  before release which makes the inmate's case appropriate for 
 49.16  referral, the commissioner shall forward the determination as 
 49.17  soon as is practicable.  Upon receiving the commissioner's 
 49.18  preliminary determination, the county attorney shall proceed in 
 49.19  the manner provided in section 253B.185.  The commissioner shall 
 49.20  release to the county attorney all requested documentation 
 49.21  maintained by the department.  
 49.22     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 49.23  and applies to crimes committed on or after that date. 
 49.24     Sec. 4.  Minnesota Statutes 2002, section 244.052, 
 49.25  subdivision 3, is amended to read: 
 49.26     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
 49.27  commissioner of corrections shall establish and administer 
 49.28  end-of-confinement review committees at each state correctional 
 49.29  facility and at each state treatment facility where predatory 
 49.30  offenders are confined.  The committees shall assess on a 
 49.31  case-by-case basis the public risk posed by predatory offenders 
 49.32  who are about to be released from confinement. 
 49.33     (b) Each committee shall be a standing committee and shall 
 49.34  consist of the following members appointed by the commissioner: 
 49.35     (1) the chief executive officer or head of the correctional 
 49.36  or treatment facility where the offender is currently confined, 
 50.1   or that person's designee; 
 50.2      (2) a law enforcement officer; 
 50.3      (3) a treatment professional who is trained in the 
 50.4   assessment of sex offenders; 
 50.5      (4) a caseworker experienced in supervising sex offenders; 
 50.6   and 
 50.7      (5) a victim's services professional. 
 50.8      Members of the committee, other than the facility's chief 
 50.9   executive officer or head, shall be appointed by the 
 50.10  commissioner to two-year terms.  The chief executive officer or 
 50.11  head of the facility or designee shall act as chair of the 
 50.12  committee and shall use the facility's staff, as needed, to 
 50.13  administer the committee, obtain necessary information from 
 50.14  outside sources, and prepare risk assessment reports on 
 50.15  offenders. 
 50.16     (c) The committee shall have access to the following data 
 50.17  on a predatory offender only for the purposes of its assessment 
 50.18  and to defend the committee's risk assessment determination upon 
 50.19  administrative review under this section: 
 50.20     (1) private medical data under section 13.384 or 144.335, 
 50.21  or welfare data under section 13.46 that relate to medical 
 50.22  treatment of the offender; 
 50.23     (2) private and confidential court services data under 
 50.24  section 13.84; 
 50.25     (3) private and confidential corrections data under section 
 50.26  13.85; and 
 50.27     (4) private criminal history data under section 13.87. 
 50.28     Data collected and maintained by the committee under this 
 50.29  paragraph may not be disclosed outside the committee, except as 
 50.30  provided under section 13.05, subdivision 3 or 4.  The predatory 
 50.31  offender has access to data on the offender collected and 
 50.32  maintained by the committee, unless the data are confidential 
 50.33  data received under this paragraph. 
 50.34     (d)(i) Except as otherwise provided in item items (ii), 
 50.35  (iii), and (iv), at least 90 days before a predatory offender is 
 50.36  to be released from confinement, the commissioner of corrections 
 51.1   shall convene the appropriate end-of-confinement review 
 51.2   committee for the purpose of assessing the risk presented by the 
 51.3   offender and determining the risk level to which the offender 
 51.4   shall be assigned under paragraph (e).  The offender and the law 
 51.5   enforcement agency that was responsible for the charge resulting 
 51.6   in confinement shall be notified of the time and place of the 
 51.7   committee's meeting.  The offender has a right to be present and 
 51.8   be heard at the meeting.  The law enforcement agency may provide 
 51.9   material in writing that is relevant to the offender's risk 
 51.10  level to the chair of the committee.  The committee shall use 
 51.11  the risk factors described in paragraph (g) and the risk 
 51.12  assessment scale developed under subdivision 2 to determine the 
 51.13  offender's risk assessment score and risk level.  Offenders 
 51.14  scheduled for release from confinement shall be assessed by the 
 51.15  committee established at the facility from which the offender is 
 51.16  to be released.  
 51.17     (ii) If an offender is received for confinement in a 
 51.18  facility with less than 90 days remaining in the offender's term 
 51.19  of confinement, the offender's risk shall be assessed at the 
 51.20  first regularly scheduled end of confinement review committee 
 51.21  that convenes after the appropriate documentation for the risk 
 51.22  assessment is assembled by the committee.  The commissioner 
 51.23  shall make reasonable efforts to ensure that offender's risk is 
 51.24  assessed and a risk level is assigned or reassigned at least 30 
 51.25  days before the offender's release date. 
 51.26     (iii) If the offender is subject to a mandatory life 
 51.27  sentence under section 609.342, subdivision 2, paragraph (b); 
 51.28  609.343, subdivision 2, paragraph (b); 609.344, subdivision 2, 
 51.29  paragraph (b); 609.345, subdivision 2, paragraph (b); or 
 51.30  609.3453, subdivision 2, paragraph (b), the commissioner of 
 51.31  corrections shall convene the appropriate end-of-confinement 
 51.32  review committee at least nine months before the offender's 
 51.33  minimum term of imprisonment has been served.  If the offender 
 51.34  is received for confinement in a facility with less than nine 
 51.35  months remaining before the offender's minimum term of 
 51.36  imprisonment has been served, the committee shall conform its 
 52.1   procedures to those outlined in item (ii) to the extent 
 52.2   practicable.  
 52.3      (iv) If the offender is granted supervised release, the 
 52.4   commissioner of corrections shall notify the appropriate 
 52.5   end-of-confinement review committee that it needs to review the 
 52.6   offender's previously determined risk level at its next 
 52.7   regularly scheduled meeting.  The commissioner shall make 
 52.8   reasonable efforts to ensure that the offender's earlier risk 
 52.9   level determination is reviewed and the risk level is confirmed 
 52.10  or reassigned at least 60 days before the offender's release 
 52.11  date.  The committee shall give the report to the offender and 
 52.12  to the law enforcement agency at least 60 days before an 
 52.13  offender is released from confinement.  
 52.14     (e) The committee shall assign to risk level I a predatory 
 52.15  offender whose risk assessment score indicates a low risk of 
 52.16  reoffense.  The committee shall assign to risk level II an 
 52.17  offender whose risk assessment score indicates a moderate risk 
 52.18  of reoffense.  The committee shall assign to risk level III an 
 52.19  offender whose risk assessment score indicates a high risk of 
 52.20  reoffense. 
 52.21     (f) Before the predatory offender is released from 
 52.22  confinement, the committee shall prepare a risk assessment 
 52.23  report which specifies the risk level to which the offender has 
 52.24  been assigned and the reasons underlying the committee's risk 
 52.25  assessment decision.  Except for an offender subject to a 
 52.26  mandatory life sentence under section 609.342, subdivision 2, 
 52.27  paragraph (b); 609.343, subdivision 2, paragraph (b); 609.344, 
 52.28  subdivision 2, paragraph (b); 609.345, subdivision 2, paragraph 
 52.29  (b); or 609.3453, subdivision 2, paragraph (b), who has not been 
 52.30  granted supervised release, the committee shall give the report 
 52.31  to the offender and to the law enforcement agency at least 60 
 52.32  days before an offender is released from confinement.  If the 
 52.33  offender is subject to a mandatory life sentence and has not yet 
 52.34  served the entire minimum term of imprisonment, the committee 
 52.35  shall give the report to the offender and to the commissioner at 
 52.36  least six months before the offender is first eligible for 
 53.1   release.  If the risk assessment is performed under the 
 53.2   circumstances described in paragraph (d), item (ii), the report 
 53.3   shall be given to the offender and the law enforcement agency as 
 53.4   soon as it is available.  The committee also shall inform the 
 53.5   offender of the availability of review under subdivision 6. 
 53.6      (g) As used in this subdivision, "risk factors" includes, 
 53.7   but is not limited to, the following factors: 
 53.8      (1) the seriousness of the offense should the offender 
 53.9   reoffend.  This factor includes consideration of the following:  
 53.10     (i) the degree of likely force or harm; 
 53.11     (ii) the degree of likely physical contact; and 
 53.12     (iii) the age of the likely victim; 
 53.13     (2) the offender's prior offense history.  This factor 
 53.14  includes consideration of the following: 
 53.15     (i) the relationship of prior victims to the offender; 
 53.16     (ii) the number of prior offenses or victims; 
 53.17     (iii) the duration of the offender's prior offense history; 
 53.18     (iv) the length of time since the offender's last prior 
 53.19  offense while the offender was at risk to commit offenses; and 
 53.20     (v) the offender's prior history of other antisocial acts; 
 53.21     (3) the offender's characteristics.  This factor includes 
 53.22  consideration of the following:  
 53.23     (i) the offender's response to prior treatment efforts; and 
 53.24     (ii) the offender's history of substance abuse; 
 53.25     (4) the availability of community supports to the offender. 
 53.26  This factor includes consideration of the following: 
 53.27     (i) the availability and likelihood that the offender will 
 53.28  be involved in therapeutic treatment; 
 53.29     (ii) the availability of residential supports to the 
 53.30  offender, such as a stable and supervised living arrangement in 
 53.31  an appropriate location; 
 53.32     (iii) the offender's familial and social relationships, 
 53.33  including the nature and length of these relationships and the 
 53.34  level of support that the offender may receive from these 
 53.35  persons; and 
 53.36     (iv) the offender's lack of education or employment 
 54.1   stability; 
 54.2      (5) whether the offender has indicated or credible evidence 
 54.3   in the record indicates that the offender will reoffend if 
 54.4   released into the community; and 
 54.5      (6) whether the offender demonstrates a physical condition 
 54.6   that minimizes the risk of reoffense, including but not limited 
 54.7   to, advanced age or a debilitating illness or physical condition.
 54.8      (h) Upon the request of the law enforcement agency or the 
 54.9   offender's corrections agent, the commissioner may reconvene the 
 54.10  end-of-confinement review committee for the purpose of 
 54.11  reassessing the risk level to which an offender has been 
 54.12  assigned under paragraph (e).  In a request for a reassessment, 
 54.13  the law enforcement agency which was responsible for the charge 
 54.14  resulting in confinement or agent shall list the facts and 
 54.15  circumstances arising after the initial assignment or facts and 
 54.16  circumstances known to law enforcement or the agent but not 
 54.17  considered by the committee under paragraph (e) which support 
 54.18  the request for a reassessment.  The request for reassessment by 
 54.19  the law enforcement agency must occur within 30 days of receipt 
 54.20  of the report indicating the offender's risk level assignment.  
 54.21  The offender's corrections agent, in consultation with the chief 
 54.22  law enforcement officer in the area where the offender resides 
 54.23  or intends to reside, may request a review of a risk level at 
 54.24  any time if substantial evidence exists that the offender's risk 
 54.25  level should be reviewed by an end-of-confinement review 
 54.26  committee.  This evidence includes, but is not limited to, 
 54.27  evidence of treatment failures or completions, evidence of 
 54.28  exceptional crime-free community adjustment or lack of 
 54.29  appropriate adjustment, evidence of substantial community need 
 54.30  to know more about the offender or mitigating circumstances that 
 54.31  would narrow the proposed scope of notification, or other 
 54.32  practical situations articulated and based in evidence of the 
 54.33  offender's behavior while under supervision.  Upon review of the 
 54.34  request, the end-of-confinement review committee may reassign an 
 54.35  offender to a different risk level.  If the offender is 
 54.36  reassigned to a higher risk level, the offender has the right to 
 55.1   seek review of the committee's determination under subdivision 6.
 55.2      (i) An offender may request the end-of-confinement review 
 55.3   committee to reassess the offender's assigned risk level after 
 55.4   three years have elapsed since the committee's initial risk 
 55.5   assessment and may renew the request once every two years 
 55.6   following subsequent denials.  In a request for reassessment, 
 55.7   the offender shall list the facts and circumstances which 
 55.8   demonstrate that the offender no longer poses the same degree of 
 55.9   risk to the community.  In order for a request for a risk level 
 55.10  reduction to be granted, the offender must demonstrate full 
 55.11  compliance with supervised release conditions, completion of 
 55.12  required post-release treatment programming, and full compliance 
 55.13  with all registration requirements as detailed in section 
 55.14  243.166.  The offender must also not have been convicted of any 
 55.15  felony, gross misdemeanor, or misdemeanor offenses subsequent to 
 55.16  the assignment of the original risk level.  The committee shall 
 55.17  follow the process outlined in paragraphs (a) to (c) in the 
 55.18  reassessment.  An offender who is incarcerated may not request a 
 55.19  reassessment under this paragraph. 
 55.20     (j) Offenders returned to prison as release violators shall 
 55.21  not have a right to a subsequent risk reassessment by the 
 55.22  end-of-confinement review committee unless substantial evidence 
 55.23  indicates that the offender's risk to the public has increased. 
 55.24     (k) The commissioner shall establish an end-of-confinement 
 55.25  review committee to assign a risk level to offenders who are 
 55.26  released from a federal correctional facility in Minnesota or 
 55.27  another state and who intend to reside in Minnesota, and to 
 55.28  offenders accepted from another state under a reciprocal 
 55.29  agreement for parole supervision under the interstate compact 
 55.30  authorized by section 243.16.  The committee shall make 
 55.31  reasonable efforts to conform to the same timelines as applied 
 55.32  to Minnesota cases.  Offenders accepted from another state under 
 55.33  a reciprocal agreement for probation supervision are not 
 55.34  assigned a risk level, but are considered downward dispositional 
 55.35  departures.  The probation or court services officer and law 
 55.36  enforcement officer shall manage such cases in accordance with 
 56.1   section 244.10, subdivision 2a.  The policies and procedures of 
 56.2   the committee for federal offenders and interstate compact cases 
 56.3   must be in accordance with all requirements as set forth in this 
 56.4   section, unless restrictions caused by the nature of federal or 
 56.5   interstate transfers prevents such conformance. 
 56.6      (l) If the committee assigns a predatory offender to risk 
 56.7   level III, the committee shall determine whether residency 
 56.8   restrictions shall be included in the conditions of the 
 56.9   offender's release based on the offender's pattern of offending 
 56.10  behavior. 
 56.11     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 56.12  and applies to crimes committed on or after that date. 
 56.13     Sec. 5.  Minnesota Statutes 2002, section 609.117, 
 56.14  subdivision 1, is amended to read: 
 56.15     Subdivision 1.  [UPON SENTENCING.] The court shall order an 
 56.16  offender to provide a biological specimen for the purpose of DNA 
 56.17  analysis as defined in section 299C.155 when: 
 56.18     (1) the court sentences a person charged with violating or 
 56.19  attempting to violate any of the following, and the person is 
 56.20  convicted of that offense or of any offense arising out of the 
 56.21  same set of circumstances: 
 56.22     (i) murder under section 609.185, 609.19, or 609.195; 
 56.23     (ii) manslaughter under section 609.20 or 609.205; 
 56.24     (iii) assault under section 609.221, 609.222, or 609.223; 
 56.25     (iv) robbery under section 609.24 or aggravated robbery 
 56.26  under section 609.245; 
 56.27     (v) kidnapping under section 609.25; 
 56.28     (vi) false imprisonment under section 609.255; 
 56.29     (vii) criminal sexual conduct under section 609.342, 
 56.30  609.343, 609.344, 609.345, or 609.3451, subdivision 3, or 
 56.31  609.3453; 
 56.32     (viii) incest under section 609.365; 
 56.33     (ix) burglary under section 609.582, subdivision 1; or 
 56.34     (x) indecent exposure under section 617.23, subdivision 3; 
 56.35     (2) the court sentences a person as a patterned sex 
 56.36  offender under section 609.108; or 
 57.1      (3) the juvenile court adjudicates a person a delinquent 
 57.2   child who is the subject of a delinquency petition for violating 
 57.3   or attempting to violate any of the following, and the 
 57.4   delinquency adjudication is based on a violation of one of those 
 57.5   sections or of any offense arising out of the same set of 
 57.6   circumstances: 
 57.7      (i) murder under section 609.185, 609.19, or 609.195; 
 57.8      (ii) manslaughter under section 609.20 or 609.205; 
 57.9      (iii) assault under section 609.221, 609.222, or 609.223; 
 57.10     (iv) robbery under section 609.24 or aggravated robbery 
 57.11  under section 609.245; 
 57.12     (v) kidnapping under section 609.25; 
 57.13     (vi) false imprisonment under section 609.255; 
 57.14     (vii) criminal sexual conduct under section 609.342, 
 57.15  609.343, 609.344, 609.345, or 609.3451, subdivision 3, or 
 57.16  609.3453; 
 57.17     (viii) incest under section 609.365; 
 57.18     (ix) burglary under section 609.582, subdivision 1; or 
 57.19     (x) indecent exposure under section 617.23, subdivision 3. 
 57.20  The biological specimen or the results of the analysis shall be 
 57.21  maintained by the Bureau of Criminal Apprehension as provided in 
 57.22  section 299C.155. 
 57.23     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 57.24  and applies to crimes committed on or after that date. 
 57.25     Sec. 6.  Minnesota Statutes 2002, section 609.117, 
 57.26  subdivision 2, is amended to read: 
 57.27     Subd. 2.  [BEFORE RELEASE.] The commissioner of corrections 
 57.28  or local corrections authority shall order a person to provide a 
 57.29  biological specimen for the purpose of DNA analysis before 
 57.30  completion of the person's term of imprisonment when the person 
 57.31  has not provided a biological specimen for the purpose of DNA 
 57.32  analysis and the person: 
 57.33     (1) is currently serving a term of imprisonment for or has 
 57.34  a past conviction for violating or attempting to violate any of 
 57.35  the following or a similar law of another state or the United 
 57.36  States or initially charged with violating one of the following 
 58.1   sections or a similar law of another state or the United States 
 58.2   and convicted of another offense arising out of the same set of 
 58.3   circumstances: 
 58.4      (i) murder under section 609.185, 609.19, or 609.195; 
 58.5      (ii) manslaughter under section 609.20 or 609.205; 
 58.6      (iii) assault under section 609.221, 609.222, or 609.223; 
 58.7      (iv) robbery under section 609.24 or aggravated robbery 
 58.8   under section 609.245; 
 58.9      (v) kidnapping under section 609.25; 
 58.10     (vi) false imprisonment under section 609.255; 
 58.11     (vii) criminal sexual conduct under section 609.342, 
 58.12  609.343, 609.344, 609.345, or 609.3451, subdivision 3, or 
 58.13  609.3453; 
 58.14     (viii) incest under section 609.365; 
 58.15     (ix) burglary under section 609.582, subdivision 1; or 
 58.16     (x) indecent exposure under section 617.23, subdivision 3; 
 58.17  or 
 58.18     (2) was sentenced as a patterned sex offender under section 
 58.19  609.108, and committed to the custody of the commissioner of 
 58.20  corrections; or 
 58.21     (3) is serving a term of imprisonment in this state under a 
 58.22  reciprocal agreement although convicted in another state of an 
 58.23  offense described in this subdivision or a similar law of the 
 58.24  United States or any other state.  The commissioner of 
 58.25  corrections or local corrections authority shall forward the 
 58.26  sample to the Bureau of Criminal Apprehension. 
 58.27     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 58.28  and applies to crimes committed on or after that date. 
 58.29     Sec. 7.  Minnesota Statutes 2002, section 609.347, is 
 58.30  amended to read: 
 58.31     609.347 [EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.] 
 58.32     Subdivision 1.  In a prosecution under sections 609.109 or, 
 58.33  609.342 to 609.3451, or 609.3453, the testimony of a victim need 
 58.34  not be corroborated. 
 58.35     Subd. 2.  In a prosecution under sections 609.109 or, 
 58.36  609.342 to 609.3451, or 609.3453, there is no need to show that 
 59.1   the victim resisted the accused.  
 59.2      Subd. 3.  In a prosecution under sections 609.109, 609.342 
 59.3   to 609.3451, 609.3453, or 609.365, evidence of the victim's 
 59.4   previous sexual conduct shall not be admitted nor shall any 
 59.5   reference to such conduct be made in the presence of the jury, 
 59.6   except by court order under the procedure provided in 
 59.7   subdivision 4.  The evidence can be admitted only if the 
 59.8   probative value of the evidence is not substantially outweighed 
 59.9   by its inflammatory or prejudicial nature and only in the 
 59.10  circumstances set out in paragraphs (a) and (b).  For the 
 59.11  evidence to be admissible under paragraph (a), subsection (i), 
 59.12  the judge must find by a preponderance of the evidence that the 
 59.13  facts set out in the accused's offer of proof are true.  For the 
 59.14  evidence to be admissible under paragraph (a), subsection (ii) 
 59.15  or paragraph (b), the judge must find that the evidence is 
 59.16  sufficient to support a finding that the facts set out in the 
 59.17  accused's offer of proof are true, as provided under Rule 901 of 
 59.18  the Rules of Evidence. 
 59.19     (a) When consent of the victim is a defense in the case, 
 59.20  the following evidence is admissible: 
 59.21     (i) evidence of the victim's previous sexual conduct 
 59.22  tending to establish a common scheme or plan of similar sexual 
 59.23  conduct under circumstances similar to the case at issue.  In 
 59.24  order to find a common scheme or plan, the judge must find that 
 59.25  the victim made prior allegations of sexual assault which were 
 59.26  fabricated; and 
 59.27     (ii) evidence of the victim's previous sexual conduct with 
 59.28  the accused.  
 59.29     (b) When the prosecution's case includes evidence of semen, 
 59.30  pregnancy, or disease at the time of the incident or, in the 
 59.31  case of pregnancy, between the time of the incident and trial, 
 59.32  evidence of specific instances of the victim's previous sexual 
 59.33  conduct is admissible solely to show the source of the semen, 
 59.34  pregnancy, or disease. 
 59.35     Subd. 4.  The accused may not offer evidence described in 
 59.36  subdivision 3 except pursuant to the following procedure: 
 60.1      (a) A motion shall be made by the accused at least three 
 60.2   business days prior to trial, unless later for good cause shown, 
 60.3   setting out with particularity the offer of proof of the 
 60.4   evidence that the accused intends to offer, relative to the 
 60.5   previous sexual conduct of the victim; 
 60.6      (b) If the court deems the offer of proof sufficient, the 
 60.7   court shall order a hearing out of the presence of the jury, if 
 60.8   any, and in such hearing shall allow the accused to make a full 
 60.9   presentation of the offer of proof; 
 60.10     (c) At the conclusion of the hearing, if the court finds 
 60.11  that the evidence proposed to be offered by the accused 
 60.12  regarding the previous sexual conduct of the victim is 
 60.13  admissible under subdivision 3 and that its probative value is 
 60.14  not substantially outweighed by its inflammatory or prejudicial 
 60.15  nature, the court shall make an order stating the extent to 
 60.16  which evidence is admissible.  The accused may then offer 
 60.17  evidence pursuant to the order of the court; 
 60.18     (d) If new information is discovered after the date of the 
 60.19  hearing or during the course of trial, which may make evidence 
 60.20  described in subdivision 3 admissible, the accused may make an 
 60.21  offer of proof pursuant to clause (a) and the court shall order 
 60.22  an in camera hearing to determine whether the proposed evidence 
 60.23  is admissible by the standards herein.  
 60.24     Subd. 5.  In a prosecution under sections 609.109 or, 
 60.25  609.342 to 609.3451, or 609.3453, the court shall not instruct 
 60.26  the jury to the effect that: 
 60.27     (a) It may be inferred that a victim who has previously 
 60.28  consented to sexual intercourse with persons other than the 
 60.29  accused would be therefore more likely to consent to sexual 
 60.30  intercourse again; or 
 60.31     (b) The victim's previous or subsequent sexual conduct in 
 60.32  and of itself may be considered in determining the credibility 
 60.33  of the victim; or 
 60.34     (c) Criminal sexual conduct is a crime easily charged by a 
 60.35  victim but very difficult to disprove by an accused because of 
 60.36  the heinous nature of the crime; or 
 61.1      (d) The jury should scrutinize the testimony of the victim 
 61.2   any more closely than it should scrutinize the testimony of any 
 61.3   witness in any felony prosecution.  
 61.4      Subd. 6.  (a) In a prosecution under sections 609.109 or, 
 61.5   609.342 to 609.3451, or 609.3453, involving a psychotherapist 
 61.6   and patient, evidence of the patient's personal or medical 
 61.7   history is not admissible except when:  
 61.8      (1) the accused requests a hearing at least three business 
 61.9   days prior to trial and makes an offer of proof of the relevancy 
 61.10  of the history; and 
 61.11     (2) the court finds that the history is relevant and that 
 61.12  the probative value of the history outweighs its prejudicial 
 61.13  value.  
 61.14     (b) The court shall allow the admission only of specific 
 61.15  information or examples of conduct of the victim that are 
 61.16  determined by the court to be relevant.  The court's order shall 
 61.17  detail the information or conduct that is admissible and no 
 61.18  other evidence of the history may be introduced. 
 61.19     (c) Violation of the terms of the order is grounds for 
 61.20  mistrial but does not prevent the retrial of the accused.  
 61.21     Subd. 7.  [EFFECT OF STATUTE ON RULES.] Rule 412 of the 
 61.22  Rules of Evidence is superseded to the extent of its conflict 
 61.23  with this section. 
 61.24     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 61.25  and applies to crimes committed on or after that date. 
 61.26     Sec. 8.  Minnesota Statutes 2002, section 609.3471, is 
 61.27  amended to read: 
 61.28     609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY 
 61.29  CONFIDENTIAL.] 
 61.30     Notwithstanding any provision of law to the contrary, no 
 61.31  data contained in records or reports relating to petitions, 
 61.32  complaints, or indictments issued pursuant to section 609.342; 
 61.33  609.343; 609.344; or 609.345; or 609.3453, which specifically 
 61.34  identifies a victim who is a minor shall be accessible to the 
 61.35  public, except by order of the court.  Nothing in this section 
 61.36  authorizes denial of access to any other data contained in the 
 62.1   records or reports, including the identity of the defendant. 
 62.2      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 62.3   and applies to crimes committed on or after that date. 
 62.4      Sec. 9.  Minnesota Statutes 2002, section 609.348, is 
 62.5   amended to read: 
 62.6      609.348 [MEDICAL PURPOSES; EXCLUSION.] 
 62.7      Sections 609.109 and, 609.342 to 609.3451, and 609.3453 do 
 62.8   not apply to sexual penetration or sexual contact when done for 
 62.9   a bona fide medical purpose. 
 62.10     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 62.11  and applies to crimes committed on or after that date. 
 62.12     Sec. 10.  Minnesota Statutes 2002, section 609.353, is 
 62.13  amended to read: 
 62.14     609.353 [JURISDICTION.] 
 62.15     A violation or attempted violation of section 609.342, 
 62.16  609.343, 609.344, 609.345, 609.3451, 609.3453, or 609.352 may be 
 62.17  prosecuted in any jurisdiction in which the violation originates 
 62.18  or terminates. 
 62.19     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 62.20  and applies to crimes committed on or after that date. 
 62.21     Sec. 11.  Minnesota Statutes 2002, section 631.045, is 
 62.22  amended to read: 
 62.23     631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.] 
 62.24     At the trial of a complaint or indictment for a violation 
 62.25  of sections 609.109, 609.341 to 609.3451, 609.3453, or 617.246, 
 62.26  subdivision 2, when a minor under 18 years of age is the person 
 62.27  upon, with, or against whom the crime is alleged to have been 
 62.28  committed, the judge may exclude the public from the courtroom 
 62.29  during the victim's testimony or during all or part of the 
 62.30  remainder of the trial upon a showing that closure is necessary 
 62.31  to protect a witness or ensure fairness in the trial.  The judge 
 62.32  shall give the prosecutor, defendant and members of the public 
 62.33  the opportunity to object to the closure before a closure order. 
 62.34  The judge shall specify the reasons for closure in an order 
 62.35  closing all or part of the trial.  Upon closure the judge shall 
 62.36  only admit persons who have a direct interest in the case.  
 63.1      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 63.2   and applies to crimes committed on or after that date. 
 63.3      Sec. 12.  [REVISOR INSTRUCTION.] 
 63.4      (a) The revisor of statutes shall renumber Minnesota 
 63.5   Statutes, section 609.3452, as Minnesota Statutes, section 
 63.6   609.3455, and correct cross-references.  In addition, the 
 63.7   revisor shall delete the reference in Minnesota Statutes, 
 63.8   section 13.871, subdivision 3, paragraph (d), to Minnesota 
 63.9   Statutes, section 609.3452, and insert a reference to Minnesota 
 63.10  Statutes, section 609.3455.  The revisor shall include a 
 63.11  notation in Minnesota Statutes to inform readers of the statutes 
 63.12  of the renumbering of section 609.3455. 
 63.13     (b) In addition to the specific changes described in 
 63.14  paragraph (a), the revisor of statutes shall make other 
 63.15  technical changes necessitated by this act.  
 63.16                             ARTICLE 4
 63.17                     METHAMPHETAMINE PROVISIONS
 63.18     Section 1.  Minnesota Statutes 2002, section 82.197, 
 63.19  subdivision 6, is amended to read: 
 63.20     Subd. 6.  [MATERIAL FACTS.] (a) Licensees shall disclose to 
 63.21  any prospective purchaser all material facts of which the 
 63.22  licensees are aware, which could adversely and significantly 
 63.23  affect an ordinary purchaser's use or enjoyment of the property, 
 63.24  or any intended use of the property of which the licensees are 
 63.25  aware. 
 63.26     (b) It is not a material fact relating to real property 
 63.27  offered for sale and no regulatory action shall be brought 
 63.28  against a licensee for failure to disclose in any real estate 
 63.29  transaction the fact or suspicion that the property: 
 63.30     (1) is or was occupied by an owner or occupant who is or 
 63.31  was suspected to be infected with human immunodeficiency virus 
 63.32  or diagnosed with acquired immunodeficiency syndrome; 
 63.33     (2) was the site of a suicide, accidental death, natural 
 63.34  death, or perceived paranormal activity; or 
 63.35     (3) is located in a neighborhood containing any adult 
 63.36  family home, community-based residential facility, or nursing 
 64.1   home.  
 64.2      (c) A licensee or employee of the licensee has no duty to 
 64.3   disclose information regarding an offender who is required to 
 64.4   register under section 243.166, or about whom notification is 
 64.5   made under that section, if the broker or salesperson, in a 
 64.6   timely manner, provides a written notice that information about 
 64.7   the predatory offender registry and persons registered with the 
 64.8   registry may be obtained by contacting local law enforcement 
 64.9   where the property is located or the Department of Corrections. 
 64.10     (d) A licensee is not required to disclose, except as 
 64.11  otherwise provided in paragraph (e), information relating to the 
 64.12  physical condition of the property or any other information 
 64.13  relating to the real estate transaction, if a written report 
 64.14  that discloses the information has been prepared by a qualified 
 64.15  third party and provided to the person.  For the purposes of 
 64.16  this paragraph, "qualified third party" means a federal, state, 
 64.17  or local governmental agency, or any person whom the broker, 
 64.18  salesperson, or a party to the real estate transaction 
 64.19  reasonably believes has the expertise necessary to meet the 
 64.20  industry standards of practice for the type of inspection or 
 64.21  investigation that has been conducted by the third party in 
 64.22  order to prepare the written report and who is acceptable to the 
 64.23  person to whom the disclosure is being made. 
 64.24     (e) A licensee shall disclose to the parties to a real 
 64.25  estate transaction any facts known by the broker or salesperson 
 64.26  that contradict any information included in a written report, if 
 64.27  a copy of the report is provided to the licensee, described in 
 64.28  paragraph (d). 
 64.29     (f) For property that was ever subject to an order under 
 64.30  section 152.0275, subdivision 2, paragraph (c), unless the order 
 64.31  has been vacated under section 152.0275, subdivision 2, 
 64.32  paragraph (e), a licensee shall disclose to the parties to a 
 64.33  real estate transaction the fact that the property was 
 64.34  contaminated by substances, chemicals, or items of any kind used 
 64.35  in the manufacture of methamphetamine or any part of the 
 64.36  manufacturing process, or the by-products or degradates of 
 65.1   manufacturing methamphetamine.  It is the duty of the licensee 
 65.2   to ascertain whether the property was subject to such an order. 
 65.3      [EFFECTIVE DATE.] This section is effective August 1, 2004. 
 65.4      Sec. 2.  [152.016] [SURCHARGE ON VIOLATIONS OF THIS 
 65.5   CHAPTER.] 
 65.6      Subdivision 1.  [WHEN REQUIRED.] (a) When a court sentences 
 65.7   a person convicted of an offense under this chapter, it shall 
 65.8   impose a surcharge of $50.  This section applies when the 
 65.9   sentence is executed, stayed, or suspended.  The court may not 
 65.10  waive payment or authorize payment of the surcharge in 
 65.11  installments unless it makes written findings on the record that 
 65.12  the convicted person is indigent or that the surcharge would 
 65.13  create undue hardship for the convicted person or that person's 
 65.14  immediate family.  
 65.15     (b) The surcharge required under this section is in 
 65.16  addition to the surcharge required by section 357.021, 
 65.17  subdivision 6 (surcharges on criminal and traffic offenders). 
 65.18     Subd. 2.  [DISTRIBUTION OF MONEY.] The county shall collect 
 65.19  and forward the surcharge to the commissioner of finance within 
 65.20  60 days after sentencing or explain to the commissioner in 
 65.21  writing why the money was not forwarded within this time 
 65.22  period.  The commissioner shall credit the money to the general 
 65.23  fund. 
 65.24     [EFFECTIVE DATE.] This section is effective July 1, 2004, 
 65.25  and applies to crimes committed on or after that date.  
 65.26     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
 65.27  152.021, subdivision 2a, is amended to read: 
 65.28     Subd. 2a.  [METHAMPHETAMINE MANUFACTURE CRIMES CRIME; 
 65.29  POSSESSION OF SUBSTANCES WITH INTENT TO MANUFACTURE 
 65.30  METHAMPHETAMINE CRIME.] (a) Notwithstanding subdivision 1, 
 65.31  sections 152.022, subdivision 1, 152.023, subdivision 1, and 
 65.32  152.024, subdivision 1, a person is guilty of controlled 
 65.33  substance crime in the first degree if the person manufactures 
 65.34  any amount of methamphetamine. 
 65.35     (b) Notwithstanding paragraph (a) and section 609.17, A 
 65.36  person is guilty of attempted manufacture of methamphetamine a 
 66.1   crime if the person possesses any chemical reagents or 
 66.2   precursors with the intent to manufacture methamphetamine.  As 
 66.3   used in this section, "chemical reagents or precursors" refers 
 66.4   to one or more of the following substances, or their salts, 
 66.5   isomers, and salts of isomers: 
 66.6      (1) ephedrine; 
 66.7      (2) pseudoephedrine; 
 66.8      (3) phenyl-2-propanone; 
 66.9      (4) phenylacetone; 
 66.10     (5) anhydrous ammonia, as defined in section 18C.005, 
 66.11  subdivision 1a; 
 66.12     (6) organic solvents; 
 66.13     (7) hydrochloric acid; 
 66.14     (8) lithium metal; 
 66.15     (9) sodium metal; 
 66.16     (10) ether; 
 66.17     (11) sulfuric acid; 
 66.18     (12) red phosphorus; 
 66.19     (13) iodine; 
 66.20     (14) sodium hydroxide; 
 66.21     (15) benzaldehyde; 
 66.22     (16) benzyl methyl ketone; 
 66.23     (17) benzyl cyanide; 
 66.24     (18) nitroethane; 
 66.25     (19) methylamine; 
 66.26     (20) phenylacetic acid; 
 66.27     (21) hydriodic acid; or 
 66.28     (22) hydriotic acid. 
 66.29     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 66.30  and applies to crimes committed on or after that date. 
 66.31     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
 66.32  152.021, subdivision 3, is amended to read: 
 66.33     Subd. 3.  [PENALTY.] (a) A person convicted under 
 66.34  subdivisions 1 to 2a, paragraph (a), may be sentenced to 
 66.35  imprisonment for not more than 30 years or to payment of a fine 
 66.36  of not more than $1,000,000, or both; a person convicted under 
 67.1   subdivision 2a, paragraph (b), may be sentenced to imprisonment 
 67.2   for not more than three ten years or to payment of a fine of not 
 67.3   more than $5,000 $20,000, or both. 
 67.4      (b) If the conviction is a subsequent controlled substance 
 67.5   conviction, a person convicted under subdivisions 1 to 2a, 
 67.6   paragraph (a), shall be committed to the commissioner of 
 67.7   corrections for not less than four years nor more than 40 years 
 67.8   and, in addition, may be sentenced to payment of a fine of not 
 67.9   more than $1,000,000; a person convicted under subdivision 2a, 
 67.10  paragraph (b), may be sentenced to imprisonment for not more 
 67.11  than four 15 years or to payment of a fine of not more than 
 67.12  $5,000 $30,000, or both.  
 67.13     (c) In a prosecution under subdivision 1 involving sales by 
 67.14  the same person in two or more counties within a 90-day period, 
 67.15  the person may be prosecuted for all of the sales in any county 
 67.16  in which one of the sales occurred.  
 67.17     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 67.18  and applies to crimes committed on or after that date. 
 67.19     Sec. 5.  [152.0275] [CERTAIN CONTROLLED SUBSTANCE OFFENSES; 
 67.20  RESTITUTION; PROHIBITIONS ON PROPERTY USE.] 
 67.21     Subdivision 1.  [RESTITUTION.] (a) As used in this 
 67.22  subdivision: 
 67.23     (1) "clandestine lab site" means any structure or 
 67.24  conveyance or outdoor location occupied or affected by 
 67.25  conditions or chemicals, typically associated with the 
 67.26  manufacturing of methamphetamine; 
 67.27     (2) "emergency response" includes, but is not limited to, 
 67.28  removing and collecting evidence, securing the site, removal, 
 67.29  remediation, and hazardous chemical assessment or inspection of 
 67.30  the site where the relevant offense or offenses took place, 
 67.31  regardless of whether these actions are performed by the public 
 67.32  entities themselves or by private contractors paid by the public 
 67.33  entities, or the property owner; 
 67.34     (3) "remediation" means proper cleanup, treatment, or 
 67.35  containment of hazardous substances or methamphetamine at or in 
 67.36  a clandestine lab site, and may include demolition or disposal 
 68.1   of structures or other property when an assessment so indicates; 
 68.2   and 
 68.3      (4) "removal" means the removal from the clandestine lab 
 68.4   site of precursor or waste chemicals, chemical containers, or 
 68.5   equipment associated with the manufacture, packaging, or storage 
 68.6   of illegal drugs. 
 68.7      (b) A court shall require a person convicted of 
 68.8   manufacturing or attempting to manufacture a controlled 
 68.9   substance or of an illegal activity involving a precursor 
 68.10  substance, where the response to the crime involved an emergency 
 68.11  response, to pay restitution to all public entities that 
 68.12  participated in the response.  The restitution ordered must 
 68.13  cover the reasonable costs of their participation in the 
 68.14  response.  
 68.15     (c) In addition to the restitution required in paragraph 
 68.16  (b), a court shall require a person convicted of manufacturing 
 68.17  or attempting to manufacture a controlled substance or of 
 68.18  illegal activity involving a precursor substance to pay 
 68.19  restitution to a property owner who incurred removal or 
 68.20  remediation costs because of the crime. 
 68.21     (d) Notwithstanding paragraphs (b) and (c), if the court 
 68.22  finds that the convicted person is indigent or that payment of 
 68.23  the restitution would create undue hardship for the convicted 
 68.24  person's immediate family, the court may reduce the amount of 
 68.25  restitution to an appropriate level.  
 68.26     Subd. 2.  [PROPERTY-RELATED PROHIBITIONS.] (a) As used in 
 68.27  this subdivision: 
 68.28     (1) "clandestine lab site" has the meaning given in 
 68.29  subdivision 1, paragraph (a); 
 68.30     (2) "property" includes buildings and other structures, and 
 68.31  motor vehicles as defined in section 609.487, subdivision 2a.  
 68.32  Property also includes real property whether publicly or 
 68.33  privately owned and public waters and rights-of-way; 
 68.34     (3) "remediation" has the meaning given in subdivision 1, 
 68.35  paragraph (a); and 
 68.36     (4) "removal" has the meaning given in subdivision 1, 
 69.1   paragraph (a).  
 69.2      (b) A peace officer who arrests a person at a clandestine 
 69.3   lab site shall notify the appropriate county or local health 
 69.4   department, state duty officer, and child protection services of 
 69.5   the arrest and the location of the site.  
 69.6      (c) A county or local health department or sheriff shall 
 69.7   order that all property that has been found to be a clandestine 
 69.8   lab site and contaminated by substances, chemicals, or items of 
 69.9   any kind used in the manufacture of methamphetamine or any part 
 69.10  of the manufacturing process, or the by-products or degradates 
 69.11  of manufacturing methamphetamine be prohibited from being 
 69.12  occupied, rented, sold, or used until it has been assessed and 
 69.13  remediated as provided in the Department of Health's clandestine 
 69.14  drug labs general cleanup guidelines.  
 69.15     (d) Unless clearly inapplicable, the procedures specified 
 69.16  in chapter 145A and any related rules adopted under that chapter 
 69.17  addressing the enforcement of public health laws, the removal 
 69.18  and abatement of public health nuisances, and the remedies 
 69.19  available to property owners or occupants apply to this 
 69.20  subdivision.  
 69.21     (e) Upon the proper removal and remediation of any property 
 69.22  used as a clandestine lab site, the contractor shall verify that 
 69.23  the work was completed according to the Department of Health's 
 69.24  clandestine drug labs general cleanup guidelines and best 
 69.25  practices and that levels of contamination have been reduced to 
 69.26  levels set forth in the guidelines.  Following this, the 
 69.27  applicable authority shall vacate its order issued under 
 69.28  paragraph (c). 
 69.29     (f) If the applicable authority determines under paragraph 
 69.30  (c) that a motor vehicle has been contaminated by substances, 
 69.31  chemicals, or items of any kind used in the manufacture of 
 69.32  methamphetamine or any part of the manufacturing process, or the 
 69.33  by-products or degradates of manufacturing methamphetamine and 
 69.34  if the authority is able to obtain the certificate of title for 
 69.35  the motor vehicle, the authority shall notify the registrar of 
 69.36  motor vehicles of this fact and in addition, forward the 
 70.1   certificate of title to the registrar.  The authority shall also 
 70.2   notify the registrar when it vacates its order under paragraph 
 70.3   (e). 
 70.4      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 70.5   and applies to crimes committed on or after that date. 
 70.6      Sec. 6.  Minnesota Statutes 2002, section 152.135, 
 70.7   subdivision 2, is amended to read: 
 70.8      Subd. 2.  [EXCEPTIONS.] (a) A drug product containing 
 70.9   ephedrine, its salts, optical isomers, and salts of optical 
 70.10  isomers is exempt from subdivision 1 if the drug product: 
 70.11     (1) may be lawfully sold over the counter without a 
 70.12  prescription under the federal Food, Drug, and Cosmetic Act, 
 70.13  United States Code, title 21, section 321, et seq.; 
 70.14     (2) is labeled and marketed in a manner consistent with the 
 70.15  pertinent OTC Tentative Final or Final Monograph; 
 70.16     (3) is manufactured and distributed for legitimate 
 70.17  medicinal use in a manner that reduces or eliminates the 
 70.18  likelihood of abuse; 
 70.19     (4) is not marketed, advertised, or labeled for the 
 70.20  indication of stimulation, mental alertness, weight loss, muscle 
 70.21  enhancement, appetite control, or energy; and 
 70.22     (5) is in solid oral dosage forms, including soft gelatin 
 70.23  caplets, that combine 400 milligrams of guaifenesin and 25 
 70.24  milligrams of ephedrine per dose, according to label 
 70.25  instructions; or is an anorectal preparation containing not more 
 70.26  than five percent ephedrine; and 
 70.27     (6) is sold in a manner that does not conflict with section 
 70.28  152.136. 
 70.29     (b) Subdivisions 1 and 3 shall not apply to products 
 70.30  containing ephedra or ma huang and lawfully marketed as dietary 
 70.31  supplements under federal law.  
 70.32     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 70.33  and applies to crimes committed on or after that date. 
 70.34     Sec. 7.  [152.136] [SALES OF METHAMPHETAMINE PRECURSOR 
 70.35  DRUGS; CRIMINAL PENALTIES; REPORTING.] 
 70.36     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 71.1   the following terms have the meanings given. 
 71.2      (b) "Methamphetamine precursor drug" includes single-source 
 71.3   methamphetamine precursor drugs and non-single-source 
 71.4   methamphetamine precursor drugs.  
 71.5      (c) "Non-single-source methamphetamine precursor drug" 
 71.6   means a combination drug or product containing as one of its 
 71.7   active ingredients ephedrine or pseudoephedrine.  However, the 
 71.8   term does not include a single-source methamphetamine precursor 
 71.9   drug. 
 71.10     (d) "Over-the-counter sale" means a retail sale of a drug 
 71.11  or product but does not include the sale of a drug or product 
 71.12  pursuant to the terms of a valid prescription.  
 71.13     (e) "Single-source methamphetamine precursor drug" means a 
 71.14  drug or product containing as its sole active ingredient 
 71.15  ephedrine or pseudoephedrine.  
 71.16     (f) "Suspicious transaction" means the sale, distribution, 
 71.17  delivery, or other transfer of a substance under circumstances 
 71.18  that would lead a reasonable person to believe that the 
 71.19  substance is likely to be used to illegally manufacture a 
 71.20  controlled substance based on factors such as the amount of the 
 71.21  substance involved in the transaction, the method of payment, 
 71.22  the method of delivery, and any past dealings with any 
 71.23  participant in the transaction. 
 71.24     Subd. 2.  [PROHIBITED CONDUCT.] (a) No person may sell in a 
 71.25  single over-the-counter sale more than three packages of a 
 71.26  methamphetamine precursor drug or a combination of 
 71.27  methamphetamine precursor drugs or any combination of packages 
 71.28  exceeding a total weight of nine grams. 
 71.29     (b) Over-the-counter sales of methamphetamine precursor 
 71.30  drugs are limited to: 
 71.31     (1) packages containing not more than a total of three 
 71.32  grams of one or more methamphetamine precursor drugs, calculated 
 71.33  in terms of ephedrine base or pseudoephedrine base; or 
 71.34     (2) for nonliquid products, sales in blister packs, where 
 71.35  each blister contains not more than two dosage units, or, if the 
 71.36  use of blister packs is not technically feasible, sales in unit 
 72.1   dose packets or pouches. 
 72.2      (c) A business establishment that offers for sale 
 72.3   single-source methamphetamine precursor drugs in an 
 72.4   over-the-counter sale shall do one of the following:  
 72.5      (1) ensure that all packages of the drugs are displayed and 
 72.6   offered for sale only: 
 72.7      (i) behind a checkout counter where the public is not 
 72.8   permitted; 
 72.9      (ii) inside a locked display case; or 
 72.10     (iii) within ten feet of an unobstructed view of an 
 72.11  attended checkout counter; 
 72.12     (2) utilize an electronic antitheft system having a product 
 72.13  tag and detection alarm designed to specifically prevent the 
 72.14  theft of the drugs from the business establishment; or 
 72.15     (3) prohibit sales of the drugs to persons under the age of 
 72.16  18 years.  
 72.17  It is an affirmative defense to a charge under clause (3) if the 
 72.18  defendant proves by a preponderance of the evidence that the 
 72.19  defendant reasonably and in good faith relied on proof of age as 
 72.20  described in section 340A.503, subdivision 6. 
 72.21     Subd. 3.  [CRIMINAL PENALTY.] A person who knowingly 
 72.22  violates subdivision 2 is guilty of a misdemeanor and may be 
 72.23  sentenced to imprisonment for not more than 90 days, or to 
 72.24  payment of a fine of not more than $1,000, or both. 
 72.25     Subd. 4.  [EXCEPTION TO CRIMINAL PENALTY.] (a) An owner, 
 72.26  operator, supervisor, or manager of a business establishment 
 72.27  that offers for sale methamphetamine precursor drugs whose 
 72.28  employee or agent is convicted of or charged with violating this 
 72.29  section is not subject to the criminal penalties for violating 
 72.30  this section if the person: 
 72.31     (1) did not have prior knowledge of, participate in, or 
 72.32  direct the employee or agent to commit the violation; and 
 72.33     (2) documents that an employee training program was in 
 72.34  place to provide the employee or agent with information on the 
 72.35  state and federal regulations regarding methamphetamine 
 72.36  precursor drugs. 
 73.1      (b) Subdivisions 2 and 3 do not apply to a methamphetamine 
 73.2   precursor drug that is manufactured in a manner that prevents 
 73.3   the drug from being used to manufacture methamphetamine. 
 73.4      Subd. 5.  [SUSPICIOUS TRANSACTIONS; REPORTING; 
 73.5   IMMUNITY.] Any person employed by a business establishment that 
 73.6   offers for sale methamphetamine precursor drugs who sells such a 
 73.7   drug to any person in a suspicious transaction shall report the 
 73.8   transaction to the owner, supervisor, or manager of the 
 73.9   establishment.  The owner, supervisor, or manager may report the 
 73.10  transaction to local law enforcement.  A person who reports 
 73.11  information under this subdivision in good faith is immune from 
 73.12  civil liability relating to the report. 
 73.13     Subd. 6.  [EXEMPTION.] This section does not apply to 
 73.14  pediatric products labeled pursuant to federal regulation 
 73.15  primarily intended for administration to children under 12 years 
 73.16  of age according to label instructions.  
 73.17     Subd. 7.  [EFFECT ON LOCAL ORDINANCES.] This section 
 73.18  preempts all local ordinances or regulations governing the sale 
 73.19  by a retail distributor of over-the-counter products containing 
 73.20  ephedrine or pseudoephedrine.  Any existing local ordinance or 
 73.21  regulation is void. 
 73.22     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 73.23  and applies to crimes committed on or after that date. 
 73.24     Sec. 8.  [152.137] [ANHYDROUS AMMONIA; PROHIBITED CONDUCT; 
 73.25  CRIMINAL PENALTIES; CIVIL LIABILITY.] 
 73.26     Subdivision 1.  [DEFINITIONS.] As used in this section, 
 73.27  "tamper" means action taken by a person not authorized to take 
 73.28  that action by law or by the owner or authorized custodian of an 
 73.29  anhydrous ammonia container or of equipment where anhydrous 
 73.30  ammonia is used, stored, distributed, or transported. 
 73.31     Subd. 2.  [PROHIBITED CONDUCT.] (a) A person may not: 
 73.32     (1) steal or unlawfully take or carry away any amount of 
 73.33  anhydrous ammonia; 
 73.34     (2) purchase, possess, transfer or distribute any amount of 
 73.35  anhydrous ammonia, knowing, or having reason to know, that it 
 73.36  will be used to unlawfully manufacture a controlled substance; 
 74.1      (3) place, have placed, or possess anhydrous ammonia in a 
 74.2   container that is not designed, constructed, maintained, and 
 74.3   authorized to contain or transport anhydrous ammonia; 
 74.4      (4) transport anhydrous ammonia in a container that is not 
 74.5   designed, constructed, maintained, and authorized to transport 
 74.6   anhydrous ammonia; 
 74.7      (5) use, deliver, receive, sell, or transport a container 
 74.8   designed and constructed to contain anhydrous ammonia without 
 74.9   the express consent of the owner or authorized custodian of the 
 74.10  container; or 
 74.11     (6) tamper with any equipment or facility used to contain, 
 74.12  store, or transport anhydrous ammonia.  
 74.13     (b) For the purposes of this subdivision, containers 
 74.14  designed and constructed for the storage and transport of 
 74.15  anhydrous ammonia are described in rules adopted under section 
 74.16  18C.121, subdivision 1, or in Code of Federal Regulations, title 
 74.17  49.  
 74.18     Subd. 3.  [NO CAUSE OF ACTION.] (a) Except as provided in 
 74.19  paragraph (b), a person tampering with anhydrous ammonia 
 74.20  containers or equipment under subdivision 2 shall have no cause 
 74.21  of action for damages arising out of the tampering against: 
 74.22     (1) the owner or lawful custodian of the container or 
 74.23  equipment; 
 74.24     (2) a person responsible for the installation or 
 74.25  maintenance of the container or equipment; or 
 74.26     (3) a person lawfully selling or offering for sale the 
 74.27  anhydrous ammonia.  
 74.28     (b) Paragraph (a) does not apply to a cause of action 
 74.29  against a person who unlawfully obtained the anhydrous ammonia 
 74.30  or anhydrous ammonia container or who possesses the anhydrous 
 74.31  ammonia or anhydrous ammonia container for any unlawful purpose. 
 74.32     Subd. 4.  [CRIMINAL PENALTY.] A person who knowingly 
 74.33  violates subdivision 2 is guilty of a felony and may be 
 74.34  sentenced to imprisonment for not more than five years or to 
 74.35  payment of a fine of not more than $50,000, or both.  
 74.36     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 75.1   and applies to crimes committed on or after that date. 
 75.2      Sec. 9.  [152.138] [METHAMPHETAMINE-RELATED CRIMES 
 75.3   INVOLVING CHILDREN AND VULNERABLE ADULTS.] 
 75.4      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 75.5   the following terms have the meanings given. 
 75.6      (b) "Chemical substance" means a substance intended to be 
 75.7   used as a precursor in the manufacture of methamphetamine or any 
 75.8   other chemical intended to be used in the manufacture of 
 75.9   methamphetamine. 
 75.10     (c) "Child" means any person under the age of 18 years. 
 75.11     (d) "Methamphetamine paraphernalia" means all equipment, 
 75.12  products, and materials of any kind that are used, intended for 
 75.13  use, or designed for use in manufacturing, injecting, ingesting, 
 75.14  inhaling, or otherwise introducing methamphetamine into the 
 75.15  human body. 
 75.16     (e) "Methamphetamine waste products" means substances, 
 75.17  chemicals, or items of any kind used in the manufacture of 
 75.18  methamphetamine or any part of the manufacturing process, or the 
 75.19  by-products or degradates of manufacturing methamphetamine.  
 75.20     (f) "Vulnerable adult" has the meaning given in section 
 75.21  609.232, subdivision 11. 
 75.22     Subd. 2.  [PROHIBITED CONDUCT.] (a) No person may knowingly 
 75.23  engage in any of the following activities in the presence of a 
 75.24  child or vulnerable adult; in the residence of a child or a 
 75.25  vulnerable adult; in a building, structure, conveyance, or 
 75.26  outdoor location where a child or vulnerable adult might 
 75.27  reasonably be expected to be present; in a room offered to the 
 75.28  public for overnight accommodation; or in any multiple unit 
 75.29  residential building: 
 75.30     (1) manufacturing or attempting to manufacture 
 75.31  methamphetamine; 
 75.32     (2) storing any chemical substance; 
 75.33     (3) storing any methamphetamine waste products; or 
 75.34     (4) storing any methamphetamine paraphernalia. 
 75.35     (b) No person may knowingly cause or permit a child or 
 75.36  vulnerable adult to inhale, be exposed to, have contact with, or 
 76.1   ingest methamphetamine, a chemical substance, or methamphetamine 
 76.2   paraphernalia. 
 76.3      Subd. 3.  [CRIMINAL PENALTY.] A person who violates 
 76.4   subdivision 2 is guilty of a felony and may be sentenced to 
 76.5   imprisonment for not more than five years or to payment of a 
 76.6   fine of not more than $10,000, or both. 
 76.7      Subd. 4.  [MULTIPLE SENTENCES.] Notwithstanding sections 
 76.8   609.035 and 609.04, a prosecution for or conviction under this 
 76.9   section is not a bar to conviction of or punishment for any 
 76.10  other crime committed by the defendant as part of the same 
 76.11  conduct. 
 76.12     Subd. 5.  [PROTECTIVE CUSTODY.] A peace officer may take 
 76.13  any child present in an area where any of the activities 
 76.14  described in subdivision 2, paragraph (a), clauses (1) to (4), 
 76.15  are taking place into protective custody in accordance with 
 76.16  section 260C.175, subdivision 1, paragraph (b), clause (2).  A 
 76.17  child taken into protective custody under this subdivision shall 
 76.18  be provided health screening to assess potential health concerns 
 76.19  related to methamphetamine as provided in section 260C.188.  A 
 76.20  child not taken into protective custody under this subdivision 
 76.21  but who is known to have been exposed to methamphetamine shall 
 76.22  be offered health screening for potential health concerns 
 76.23  related to methamphetamine as provided in section 260C.188. 
 76.24     Subd. 6.  [REPORTING MALTREATMENT OF VULNERABLE ADULT.) (a) 
 76.25  A peace officer shall make a report of suspected maltreatment of 
 76.26  a vulnerable adult if the vulnerable adult is present in an area 
 76.27  where any of the activities described in subdivision 2, 
 76.28  paragraph (a), clauses (1) to (4), are taking place, and the 
 76.29  peace officer has reason to believe the vulnerable adult 
 76.30  inhaled, was exposed to, had contact with, or ingested 
 76.31  methamphetamine, a chemical substance, or methamphetamine 
 76.32  paraphernalia.  The peace officer shall immediately report to 
 76.33  the county common entry point as described in section 626.557, 
 76.34  subdivision 9b.  
 76.35     (b) As required in section 626.557, subdivision 9b, law 
 76.36  enforcement is the primary agency to conduct investigations of 
 77.1   any incident when there is reason to believe a crime has been 
 77.2   committed.  Law enforcement shall initiate a response 
 77.3   immediately.  If the common entry point notified a county agency 
 77.4   for adult protective services, law enforcement shall cooperate 
 77.5   with that county agency when both agencies are involved and 
 77.6   shall exchange data to the extent authorized in section 626.557, 
 77.7   subdivision 12b, paragraph (g).  County adult protection shall 
 77.8   initiate a response immediately.  
 77.9      (c) The county social services agency shall immediately 
 77.10  respond as required in section 626.557, subdivision 10, upon 
 77.11  receipt of a report from the common entry point staff. 
 77.12     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 77.13  and applies to crimes committed on or after that date. 
 77.14     Sec. 10.  [152.185] [METHAMPHETAMINE AWARENESS AND 
 77.15  EDUCATIONAL ACCOUNT; MINNESOTA METH WATCH.] 
 77.16     Subdivision 1.  [ACCOUNT ESTABLISHED; EDUCATIONAL PROGRAM.] 
 77.17  The methamphetamine awareness and educational account is a 
 77.18  special revenue account in the state treasury.  Money in the 
 77.19  account is appropriated to the commissioner of public safety to 
 77.20  be used to support projects relating to educating retailers and 
 77.21  the public on the dangers of methamphetamines and 
 77.22  methamphetamine precursor drugs and the laws and regulations 
 77.23  governing their use, including an educational initiative 
 77.24  entitled "Minnesota meth watch" addressing methamphetamine, its 
 77.25  use and manufacture, and the impact of methamphetamine-related 
 77.26  activities on children, the environment, and the state's quality 
 77.27  of life. 
 77.28     Subd. 2.  [CONTRIBUTIONS.] The state may accept 
 77.29  contributions, gifts, grants, and bequests for deposit into the 
 77.30  fund. 
 77.31     [EFFECTIVE DATE.] This section is effective July 1, 2004.  
 77.32     Sec. 11.  Minnesota Statutes 2002, section 168A.05, 
 77.33  subdivision 3, is amended to read: 
 77.34     Subd. 3.  [CONTENT OF CERTIFICATE.] Each certificate of 
 77.35  title issued by the department shall contain: 
 77.36     (1) the date issued; 
 78.1      (2) the first, middle, and last names, the dates of birth, 
 78.2   and addresses of all owners who are natural persons, the full 
 78.3   names and addresses of all other owners; 
 78.4      (3) the names and addresses of any secured parties in the 
 78.5   order of priority as shown on the application, or if the 
 78.6   application is based on a certificate of title, as shown on the 
 78.7   certificate, or as otherwise determined by the department; 
 78.8      (4) any liens filed pursuant to a court order or by a 
 78.9   public agency responsible for child support enforcement against 
 78.10  the owner; 
 78.11     (5) the title number assigned to the vehicle; 
 78.12     (6) a description of the vehicle including, so far as the 
 78.13  following data exists, its make, model, year, identifying 
 78.14  number, type of body, whether new or used, and if a new vehicle, 
 78.15  the date of the first sale of the vehicle for use; 
 78.16     (7) with respect to motor vehicles subject to the 
 78.17  provisions of section 325E.15, the true cumulative mileage 
 78.18  registered on the odometer or that the actual mileage is unknown 
 78.19  if the odometer reading is known by the owner to be different 
 78.20  from the true mileage; 
 78.21     (8) with respect to vehicles subject to sections 325F.6641 
 78.22  and 325F.6642, the appropriate term "flood damaged," "rebuilt," 
 78.23  "prior salvage," or "reconstructed"; and 
 78.24     (9) with respect to a vehicle contaminated by 
 78.25  methamphetamine production, if the registrar has received the 
 78.26  certificate of title and notice described in section 152.0275, 
 78.27  subdivision 2, paragraph (f), the term "hazardous waste 
 78.28  contaminated vehicle;" and 
 78.29     (10) any other data the department prescribes. 
 78.30     [EFFECTIVE DATE.] This section is effective August 1, 2004. 
 78.31     Sec. 12.  [446A.083] [METHAMPHETAMINE LABORATORY CLEANUP 
 78.32  REVOLVING FUND.] 
 78.33     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 78.34     (1) "clandestine lab site" has the meaning given in section 
 78.35  152.0275, subdivision 1, paragraph (a); 
 78.36     (2) "property" has the meaning given in section 152.0275, 
 79.1   subdivision 2, paragraph (a), but does not include motor 
 79.2   vehicles; and 
 79.3      (3) "remediate" has the meaning given to remediation in 
 79.4   section 152.0275, subdivision 1, paragraph (a).  
 79.5      Subd. 2.  [FUND ESTABLISHED.] The authority shall establish 
 79.6   a methamphetamine laboratory cleanup revolving fund to provide 
 79.7   loans to counties and cities to remediate clandestine lab 
 79.8   sites.  The fund must be credited with repayments.  
 79.9      Subd. 3.  [APPLICATIONS.] Applications by a county or city 
 79.10  for a loan from the fund must be made to the authority on the 
 79.11  forms prescribed by the authority.  The application must 
 79.12  include, but is not limited to:  
 79.13     (1) the amount of the loan requested and the proposed use 
 79.14  of the loan proceeds; 
 79.15     (2) the source of revenues to repay the loan; and 
 79.16     (3) certification by the county or city that it meets the 
 79.17  loan eligibility requirements of subdivision 4.  
 79.18     Subd. 4.  [LOAN ELIGIBILITY.] A county or city is eligible 
 79.19  for a loan under this section if the county or city: 
 79.20     (1) identifies a site or sites designated by a local public 
 79.21  health department or law enforcement as a clandestine lab site; 
 79.22     (2) has required the site's property owner to remediate the 
 79.23  site at cost, under chapter 145A or a local public health 
 79.24  nuisance ordinance that addresses clandestine lab remediation; 
 79.25     (3) certifies that the property owner cannot pay for the 
 79.26  remediation immediately; 
 79.27     (4) certifies that the property owner has not properly 
 79.28  remediated the site; and 
 79.29     (5) issues a revenue bond payable to the authority to 
 79.30  secure the loan.  
 79.31     Subd. 5.  [USE OF LOAN PROCEEDS; REIMBURSEMENT BY PROPERTY 
 79.32  OWNER.] (a) A loan recipient shall use the loan to remediate the 
 79.33  clandestine lab site or if this has already been done to 
 79.34  reimburse the applicable county or city fund for costs paid by 
 79.35  the recipient to remediate the clandestine lab site.  
 79.36     (b) A loan recipient shall seek reimbursement from the 
 80.1   owner of the property containing the clandestine lab site for 
 80.2   the costs of the remediation.  In addition to other lawful means 
 80.3   of seeking reimbursement, the loan recipient may recover its 
 80.4   costs through a property tax assessment by following the 
 80.5   procedures specified in section 145A.08, subdivision 2, 
 80.6   paragraph (c).  
 80.7      Subd. 6.  [AWARD AND DISBURSEMENT OF FUNDS.] The authority 
 80.8   shall award loans to recipients on a first-come, first-served 
 80.9   basis, provided that the recipient is able to comply with the 
 80.10  terms and conditions of the authority loan, which must be in 
 80.11  conformance with this section.  The authority shall make a 
 80.12  single disbursement of the loan upon receipt of a payment 
 80.13  request that includes a list of remediation expenses and 
 80.14  evidence that a second-party sampling was undertaken to ensure 
 80.15  that the remediation work was successful or a guarantee that 
 80.16  such a sampling will be undertaken.  
 80.17     Subd. 7.  [LOAN CONDITIONS AND TERMS.] (a) When making 
 80.18  loans from the revolving fund, the authority shall comply with 
 80.19  the criteria in paragraphs (b) to (e).  
 80.20     (b) Loans must be made at a two percent per annum interest 
 80.21  rate for terms not to exceed ten years unless the recipient 
 80.22  requests a 20-year term due to financial hardship. 
 80.23     (c) The annual principal and interest payments must begin 
 80.24  no later than one year after completion of the clean up.  Loans 
 80.25  must be amortized no later than 20 years after completion of the 
 80.26  clean up.  
 80.27     (d) A loan recipient must identify and establish a source 
 80.28  of revenue for repayment of the loan and must undertake whatever 
 80.29  steps are necessary to collect payments within one year of 
 80.30  receipt of funds from the authority.  
 80.31     (e) The fund must be credited with all payments of 
 80.32  principal and interest on all loans, except the costs as 
 80.33  permitted under section 446A.04, subdivision 5, paragraph (a). 
 80.34     (f) Loans must be made only to recipients with clandestine 
 80.35  lab ordinances that address remediation.  
 80.36     Subd. 8.  [AUTHORITY TO INCUR DEBT.] Counties and cities 
 81.1   may incur debt under this section by resolution of the board or 
 81.2   council authorizing issuance of a revenue bond to the authority. 
 81.3      [EFFECTIVE DATE.] This section is effective July 1, 2004.  
 81.4      Sec. 13.  Minnesota Statutes 2002, section 609.1095, 
 81.5   subdivision 1, is amended to read: 
 81.6      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 81.7   the following terms have the meanings given.  
 81.8      (b) "Conviction" means any of the following accepted and 
 81.9   recorded by the court:  a plea of guilty, a verdict of guilty by 
 81.10  a jury, or a finding of guilty by the court.  The term includes 
 81.11  a conviction by any court in Minnesota or another jurisdiction.  
 81.12     (c) "Prior conviction" means a conviction that occurred 
 81.13  before the offender committed the next felony resulting in a 
 81.14  conviction and before the offense for which the offender is 
 81.15  being sentenced under this section. 
 81.16     (d) "Violent crime" means a violation of or an attempt or 
 81.17  conspiracy to violate any of the following laws of this state or 
 81.18  any similar laws of the United States or any other state:  
 81.19  section sections 152.138; 609.165; 609.185; 609.19; 609.195; 
 81.20  609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228; 
 81.21  609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 
 81.22  609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 
 81.23  609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 
 81.24  609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 
 81.25  1e; 609.687; 609.855, subdivision 5; any provision of sections 
 81.26  609.229; 609.377; 609.378; 609.749; and 624.713 that is 
 81.27  punishable by a felony penalty; or any provision of chapter 152 
 81.28  that is punishable by a maximum sentence of 15 years or more. 
 81.29     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 81.30  and applies to crimes committed on or after that date. 
 81.31     Sec. 14.  [METHAMPHETAMINE TREATMENT GRANTS; REPORT TO 
 81.32  LEGISLATURE.] 
 81.33     The commissioner of human services shall report the 
 81.34  following relating to the methamphetamine treatment grants in 
 81.35  section 17 to the chairs and ranking minority members of the 
 81.36  senate and house committees or divisions having jurisdiction 
 82.1   over human services and criminal justice funding:  
 82.2      (1) by January 15, 2006, the commissioner shall report the 
 82.3   amount of each grant, who the grant recipient was, and specific 
 82.4   information about the treatment program funded, including, but 
 82.5   not limited to, the nature of the treatment offered, the 
 82.6   structure of the program, and initial information about the 
 82.7   completion rate of offenders who entered the program; and 
 82.8      (2) by January 15, 2008, the commissioner shall report 
 82.9   information on the success of the pilot programs funded, 
 82.10  including recidivism data on offenders who entered the program.  
 82.11     Sec. 15.  [METHAMPHETAMINE REPORT REQUIRED; DEPARTMENT OF 
 82.12  CORRECTIONS.] 
 82.13     By January 15, 2006, the commissioner of corrections shall 
 82.14  report to the chairs and ranking minority members of the senate 
 82.15  and house committees or divisions having jurisdiction over 
 82.16  criminal justice policy and funding on issues related to 
 82.17  methamphetamine.  The report must include, but is not limited 
 82.18  to, an analysis of the current number of state correctional 
 82.19  inmates incarcerated on a methamphetamine-related crime, 
 82.20  information on how that number compares to that of recent years, 
 82.21  a projection of the number of future state correctional inmates 
 82.22  incarcerated on a methamphetamine-related charge, recidivism 
 82.23  information for released methamphetamine offenders, the types of 
 82.24  treatment offered to methamphetamine offenders in prison and the 
 82.25  costs of this treatment, and to the degree possible, the same 
 82.26  information described in this section for methamphetamine 
 82.27  offenders at the local level.  
 82.28     Sec. 16.  [REQUESTED LEGISLATIVE AUDITOR'S REPORT; DRUG 
 82.29  TREATMENT.] 
 82.30     (a) The Legislative Audit Commission is requested to direct 
 82.31  the legislative auditor to study and issue a report on the 
 82.32  efficacy of controlled substance treatment programs for criminal 
 82.33  offenders in Minnesota.  The report must include programs 
 82.34  offered in state and local correctional facilities and 
 82.35  community-based programs.  The auditor shall study the programs 
 82.36  offered for each type of controlled substance addiction.  The 
 83.1   report must compare the costs of the programs and their success 
 83.2   rates.  To the degree feasible, the auditor shall investigate 
 83.3   treatment programs offered in other states for controlled 
 83.4   substance offenders and compare the breadth and 
 83.5   comprehensiveness of the treatment options available in 
 83.6   Minnesota, their costs, and their success rates to those in 
 83.7   other states.  
 83.8      (b) If the Legislative Audit Commission directs the 
 83.9   legislative auditor to conduct the study described in paragraph 
 83.10  (a), the auditor shall report its findings to the legislature by 
 83.11  February 1, 2005. 
 83.12     Sec. 17.  [APPROPRIATION.] 
 83.13     (a) $....... is appropriated to the commissioner of human 
 83.14  services from the general fund for the fiscal year ending June 
 83.15  30, 2005, for grants to counties or groups of counties to fund 
 83.16  three pilot project methamphetamine treatment programs for 
 83.17  offenders convicted of methamphetamine-related crimes.  The 
 83.18  pilot project treatment programs must provide "differentiated 
 83.19  substance abuse treatment" for methamphetamine users both while 
 83.20  in county jails and after release.  
 83.21     (b) $....... is appropriated to the Public Facilities 
 83.22  Authority from the general fund for the fiscal year ending June 
 83.23  30, 2005, to carry out the authority's duties under Minnesota 
 83.24  Statutes, section 446A.083. 
 83.25     Sec. 18.  [REPEALER.] 
 83.26     Minnesota Statutes 2002, sections 18C.005, subdivisions 1a 
 83.27  and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision 
 83.28  5, are repealed. 
 83.29     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 83.30  and applies to crimes committed on or after that date. 
 83.31                             ARTICLE 5
 83.32                 MISCELLANEOUS CRIMINAL PROVISIONS
 83.33     Section 1.  [169A.093] [DETERMINATION OF PRIOR IMPAIRED 
 83.34  DRIVING-RELATED LOSS OF LICENSE LOOK-BACK PERIOD.] 
 83.35     When determining whether a prior impaired driving-related 
 83.36  loss of license is considered an aggravating factor or a 
 84.1   predicate for a first-degree driving while impaired crime, the 
 84.2   ten-year look-back period begins with the date of the license or 
 84.3   privilege suspension, revocation, cancellation, denial, or 
 84.4   disqualification.  
 84.5      [EFFECTIVE DATE.] This section is effective the day 
 84.6   following final enactment and applies to crimes committed on or 
 84.7   after that date. 
 84.8      Sec. 2.  Minnesota Statutes 2002, section 169A.095, is 
 84.9   amended to read: 
 84.10     169A.095 [DETERMINING NUMBER OF AGGRAVATING FACTORS.] 
 84.11     (a) When determining the number of aggravating factors 
 84.12  present for purposes of this chapter, subject to section 169A.09 
 84.13  (sanctions for prior behavior to be based on separate courses of 
 84.14  conduct), each qualified prior impaired driving incident within 
 84.15  the ten years immediately preceding the current offense is 
 84.16  counted as a separate aggravating factor. 
 84.17     (b) No more than one aggravating factor may be counted for 
 84.18  having a child under the age of 16 in the motor vehicle at the 
 84.19  time of the offense regardless of the number of children in the 
 84.20  vehicle.  
 84.21     [EFFECTIVE DATE.] This section is effective the day 
 84.22  following final enactment and applies to crimes committed on or 
 84.23  after that date. 
 84.24     Sec. 3.  Minnesota Statutes 2002, section 169A.52, 
 84.25  subdivision 7, is amended to read: 
 84.26     Subd. 7.  [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 
 84.27  behalf of the commissioner, a peace officer requiring a test or 
 84.28  directing the administration of a chemical test shall serve 
 84.29  immediate notice of intention to revoke and of revocation on a 
 84.30  person who refuses to permit a test or on a person who submits 
 84.31  to a test the results of which indicate an alcohol concentration 
 84.32  of 0.10 or more. 
 84.33     (b) On behalf of the commissioner, a peace officer 
 84.34  requiring a test or directing the administration of a chemical 
 84.35  test of a person driving, operating, or in physical control of a 
 84.36  commercial motor vehicle shall serve immediate notice of 
 85.1   intention to disqualify and of disqualification on a person who 
 85.2   refuses to permit a test, or on a person who submits to a test 
 85.3   the results of which indicate an alcohol concentration of 0.04 
 85.4   or more. 
 85.5      (c) The officer shall either: 
 85.6      (1) take the driver's license or permit, if any, invalidate 
 85.7   the person's driver's license or permit card in such a way that 
 85.8   no identifying information is destroyed, and immediately return 
 85.9   the card to the person; 
 85.10     (2) issue the person a temporary license effective for only 
 85.11  seven days; and 
 85.12     (3) send it the notification of this action to the 
 85.13  commissioner along with the certificate required by subdivision 
 85.14  3 or 4, and issue a temporary license effective only for seven 
 85.15  days; or 
 85.16     (2) invalidate the driver's license or permit in such a way 
 85.17  that no identifying information is destroyed. 
 85.18     [EFFECTIVE DATE.] This section is effective the day 
 85.19  following final enactment and applies to crimes committed on or 
 85.20  after that date.  
 85.21     Sec. 4.  Minnesota Statutes 2002, section 169A.60, 
 85.22  subdivision 11, is amended to read: 
 85.23     Subd. 11.  [RESCISSION OF REVOCATION; AND DISMISSAL OR 
 85.24  ACQUITTAL; NEW PLATES.] If: 
 85.25     (1) the driver's license revocation that is the basis for 
 85.26  an impoundment order is rescinded; and 
 85.27     (2) the charges for the plate impoundment violation have 
 85.28  been dismissed with prejudice; or 
 85.29     (3) the violator has been acquitted of the plate 
 85.30  impoundment violation; 
 85.31  then the registrar of motor vehicles shall issue new 
 85.32  registration plates for the vehicle at no cost, when the 
 85.33  registrar receives an application that includes a copy of the 
 85.34  order rescinding the driver's license revocation, and the order 
 85.35  dismissing the charges, or the judgment of acquittal. 
 85.36     [EFFECTIVE DATE.] This section is effective the day 
 86.1   following final enactment. 
 86.2      Sec. 5.  Minnesota Statutes 2002, section 243.55, 
 86.3   subdivision 1, is amended to read: 
 86.4      Subdivision 1.  Any person who brings, sends, or in any 
 86.5   manner causes to be introduced into any state correctional 
 86.6   facility or state hospital, or within or upon the grounds 
 86.7   belonging to or land or controlled by any such facility or 
 86.8   hospital, or is found in possession of any controlled substance 
 86.9   as defined in section 152.01, subdivision 4, or any firearms, 
 86.10  weapons or explosives of any kind, without the consent of the 
 86.11  chief executive officer thereof, shall be guilty of a felony 
 86.12  and, upon conviction thereof, punished by imprisonment for a 
 86.13  term of not more than ten years.  Any person who brings, sends, 
 86.14  or in any manner causes to be introduced into any state 
 86.15  correctional facility or within or upon the grounds belonging to 
 86.16  or land controlled by the facility, or is found in the 
 86.17  possession of any intoxicating or alcoholic liquor or malt 
 86.18  beverage of any kind without the consent of the chief executive 
 86.19  officer thereof, shall be guilty of a gross misdemeanor.  The 
 86.20  provisions of this section shall not apply to physicians 
 86.21  carrying drugs or introducing any of the above described liquors 
 86.22  into such facilities for use in the practice of their 
 86.23  profession; nor to sheriffs or other peace officers carrying 
 86.24  revolvers or firearms as such officers in the discharge of 
 86.25  duties. 
 86.26     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 86.27  and applies to crimes committed on or after that date.  
 86.28     Sec. 6.  Minnesota Statutes 2002, section 299A.38, 
 86.29  subdivision 2, is amended to read: 
 86.30     Subd. 2.  [STATE AND LOCAL REIMBURSEMENT.] Peace officers 
 86.31  and heads of local law enforcement agencies who buy vests for 
 86.32  the use of peace officer employees may apply to the commissioner 
 86.33  for reimbursement of funds spent to buy vests.  On approving an 
 86.34  application for reimbursement, the commissioner shall pay the 
 86.35  applicant an amount equal to the lesser of one-half of the 
 86.36  vest's purchase price or $300 $600, as adjusted according to 
 87.1   subdivision 2a.  The political subdivision that employs the 
 87.2   peace officer shall pay at least the lesser of one-half of the 
 87.3   vest's purchase price or $300 $600, as adjusted according to 
 87.4   subdivision 2a.  The political subdivision may not deduct or pay 
 87.5   its share of the vest's cost from any clothing, maintenance, or 
 87.6   similar allowance otherwise provided to the peace officer by the 
 87.7   law enforcement agency. 
 87.8      [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 87.9      Sec. 7.  Minnesota Statutes 2002, section 299A.38, 
 87.10  subdivision 2a, is amended to read: 
 87.11     Subd. 2a.  [ADJUSTMENT OF REIMBURSEMENT AMOUNT.] On October 
 87.12  1, 1997 2005, the commissioner of public safety shall adjust 
 87.13  the $300 $600 reimbursement amounts specified in subdivision 2, 
 87.14  and in each subsequent year, on October 1, the commissioner 
 87.15  shall adjust the reimbursement amount applicable immediately 
 87.16  preceding that October 1 date.  The adjusted rate must reflect 
 87.17  the annual percentage change in the Consumer Price Index for all 
 87.18  urban consumers, published by the federal Bureau of Labor 
 87.19  Statistics, occurring in the one-year period ending on the 
 87.20  preceding June 1. 
 87.21     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 87.22     Sec. 8.  Minnesota Statutes 2002, section 609.321, 
 87.23  subdivision 7, is amended to read: 
 87.24     Subd. 7.  [PROMOTES THE PROSTITUTION OF AN INDIVIDUAL.] 
 87.25  "Promotes the prostitution of an individual" means any of the 
 87.26  following wherein the person knowingly:  
 87.27     (1) solicits or procures patrons for a prostitute; or 
 87.28     (2) provides, leases or otherwise permits premises or 
 87.29  facilities owned or controlled by the person to aid the 
 87.30  prostitution of an individual; or 
 87.31     (3) owns, manages, supervises, controls, keeps or operates, 
 87.32  either alone or with others, a place of prostitution to aid the 
 87.33  prostitution of an individual; or 
 87.34     (4) owns, manages, supervises, controls, operates, 
 87.35  institutes, aids or facilitates, either alone or with others, a 
 87.36  business of prostitution to aid the prostitution of an 
 88.1   individual; or 
 88.2      (5) admits a patron to a place of prostitution to aid the 
 88.3   prostitution of an individual; or 
 88.4      (6) transports an individual from one point within this 
 88.5   state to another point either within or without this state, or 
 88.6   brings an individual into this state to aid the prostitution of 
 88.7   the individual; or 
 88.8      (7) engages in the sex trafficking of an individual.  
 88.9      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 88.10  and applies to crimes committed on or after that date. 
 88.11     Sec. 9.  Minnesota Statutes 2002, section 609.321, is 
 88.12  amended by adding a subdivision to read: 
 88.13     Subd. 7a.  [SEX TRAFFICKING.] "Sex trafficking" means 
 88.14  receiving, recruiting, enticing, harboring, providing, or 
 88.15  obtaining by any means an individual to aid in the prostitution 
 88.16  of the individual.  
 88.17     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 88.18  and applies to crimes committed on or after that date. 
 88.19     Sec. 10.  Minnesota Statutes 2002, section 609.487, is 
 88.20  amended by adding a subdivision to read: 
 88.21     Subd. 6.  [FLEEING, OTHER THAN VEHICLE.] Whoever, for the 
 88.22  purpose of avoiding arrest, detention, or investigation, or in 
 88.23  order to conceal or destroy potential evidence related to the 
 88.24  commission of a crime, attempts to evade or elude a peace 
 88.25  officer, who is acting in the lawful discharge of an official 
 88.26  duty, by means of running, hiding, or by any other means except 
 88.27  fleeing in a motor vehicle, is guilty of a misdemeanor. 
 88.28     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 88.29  and applies to crimes committed on or after that date. 
 88.30     Sec. 11.  Minnesota Statutes 2003 Supplement, section 
 88.31  609.527, subdivision 3, is amended to read: 
 88.32     Subd. 3.  [PENALTIES.] A person who violates subdivision 2 
 88.33  may be sentenced as follows: 
 88.34     (1) if the offense involves a single direct victim and the 
 88.35  total, combined loss to the direct victim and any indirect 
 88.36  victims is $250 or less, the person may be sentenced as provided 
 89.1   in section 609.52, subdivision 3, clause (5); 
 89.2      (2) if the offense involves a single direct victim and the 
 89.3   total, combined loss to the direct victim and any indirect 
 89.4   victims is more than $250 but not more than $500, the person may 
 89.5   be sentenced as provided in section 609.52, subdivision 3, 
 89.6   clause (4); 
 89.7      (3) if the offense involves two or three direct victims or 
 89.8   the total, combined loss to the direct and indirect victims is 
 89.9   more than $500 but not more than $2,500, the person may be 
 89.10  sentenced as provided in section 609.52, subdivision 3, clause 
 89.11  (3); 
 89.12     (4) if the offense involves more than three but not more 
 89.13  than seven direct victims, or if the total combined loss to the 
 89.14  direct and indirect victims is more than $2,500, the person may 
 89.15  be sentenced as provided in section 609.52, subdivision 3, 
 89.16  clause (2); and 
 89.17     (5) if the offense involves eight or more direct victims,; 
 89.18  or if the total, combined loss to the direct and indirect 
 89.19  victims is more than $35,000,; or if the offense is related to 
 89.20  possession or distribution of pornographic work in violation of 
 89.21  section 617.246 or 617.247; the person may be sentenced as 
 89.22  provided in section 609.52, subdivision 3, clause (1). 
 89.23     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 89.24  and applies to crimes committed on or after that date. 
 89.25     Sec. 12.  Minnesota Statutes 2002, section 609.527, 
 89.26  subdivision 4, is amended to read: 
 89.27     Subd. 4.  [RESTITUTION; ITEMS PROVIDED TO VICTIM.] (a) A 
 89.28  direct or indirect victim of an identity theft crime shall be 
 89.29  considered a victim for all purposes, including any rights that 
 89.30  accrue under chapter 611A and rights to court-ordered 
 89.31  restitution. 
 89.32     (b) The court shall order a person convicted of violating 
 89.33  this section to pay restitution of not less than $1,000 to each 
 89.34  direct victim of the offense.  
 89.35     (c) Upon request of a direct victim or the prosecutor, the 
 89.36  court shall provide to the victim, without cost, a certified 
 90.1   copy of the complaint filed in the matter, the judgment of 
 90.2   conviction, and an order setting forth the facts and 
 90.3   circumstances of the offense.  
 90.4      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 90.5   and applies to crimes committed on or after that date. 
 90.6      Sec. 13.  Minnesota Statutes 2002, section 609.5315, 
 90.7   subdivision 1, is amended to read: 
 90.8      Subdivision 1.  [DISPOSITION.] (a) Subject to paragraph 
 90.9   (b), if the court finds under section 609.5313, 609.5314, or 
 90.10  609.5318 that the property is subject to forfeiture, it shall 
 90.11  order the appropriate agency to do one of the following: 
 90.12     (1) unless a different disposition is provided under clause 
 90.13  (3) or (4), either destroy firearms, ammunition, and firearm 
 90.14  accessories that the agency decides not to use for law 
 90.15  enforcement purposes under clause (8), or sell them to federally 
 90.16  licensed firearms dealers, as defined in section 624.7161, 
 90.17  subdivision 1, and distribute the proceeds under subdivision 
 90.18  5 or 5b; 
 90.19     (2) sell property that is not required to be destroyed by 
 90.20  law and is not harmful to the public and distribute the proceeds 
 90.21  under subdivision 5 or 5b; 
 90.22     (3) sell antique firearms, as defined in section 624.712, 
 90.23  subdivision 3, to the public and distribute the proceeds under 
 90.24  subdivision 5 or 5b; 
 90.25     (4) destroy or use for law enforcement purposes 
 90.26  semiautomatic military-style assault weapons, as defined in 
 90.27  section 624.712, subdivision 7; 
 90.28     (5) take custody of the property and remove it for 
 90.29  disposition in accordance with law; 
 90.30     (6) forward the property to the federal drug enforcement 
 90.31  administration; 
 90.32     (7) disburse money as provided under subdivision 5 or 5b; 
 90.33  or 
 90.34     (8) keep property other than money for official use by the 
 90.35  agency and the prosecuting agency. 
 90.36     (b) Notwithstanding paragraph (a), the Hennepin or Ramsey 
 91.1   county sheriff may not sell firearms, ammunition, or firearms 
 91.2   accessories if the policy is disapproved by the applicable 
 91.3   county board. 
 91.4      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 91.5   and applies to crimes committed on or after that date. 
 91.6      Sec. 14.  Minnesota Statutes 2002, section 609.5315, is 
 91.7   amended by adding a subdivision to read: 
 91.8      Subd. 5b.  [DISPOSITION OF CERTAIN FORFEITED PROCEEDS; 
 91.9   PROSTITUTION, TRAFFICKING OFFENSES.] For forfeitures resulting 
 91.10  from violations of section 609.322, the money or proceeds from 
 91.11  the sale of forfeited property, after payment of seizure, 
 91.12  storage, forfeiture, and sale expenses, and satisfaction of 
 91.13  valid liens against the property, must be distributed as follows:
 91.14     (1) 40 percent of the proceeds must be forwarded to the 
 91.15  appropriate agency for deposit as a supplement to the agency's 
 91.16  operating fund or similar fund for use in law enforcement; 
 91.17     (2) 20 percent of the proceeds must be forwarded to the 
 91.18  county attorney or other prosecuting agency that handled the 
 91.19  forfeiture for deposit as a supplement to its operating fund or 
 91.20  similar fund for prosecutorial purposes; and 
 91.21     (3) the remaining 40 percent of the proceeds must be 
 91.22  forwarded to the Department of Public Safety for distribution to 
 91.23  crime victims services organizations that provide services to 
 91.24  victims of prostitution or sex trafficking offenses.  
 91.25     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 91.26  and applies to crimes committed on or after that date. 
 91.27     Sec. 15.  Minnesota Statutes 2002, section 609.605, 
 91.28  subdivision 1, is amended to read: 
 91.29     Subdivision 1.  [MISDEMEANOR.] (a) The following terms have 
 91.30  the meanings given them for purposes of this section. 
 91.31     (i) "Premises" means real property and any appurtenant 
 91.32  building or structure. 
 91.33     (ii) "Dwelling" means the building or part of a building 
 91.34  used by an individual as a place of residence on either a 
 91.35  full-time or a part-time basis.  A dwelling may be part of a 
 91.36  multidwelling or multipurpose building, or a manufactured home 
 92.1   as defined in section 168.011, subdivision 8. 
 92.2      (iii) "Construction site" means the site of the 
 92.3   construction, alteration, painting, or repair of a building or 
 92.4   structure. 
 92.5      (iv) "Owner or lawful possessor," as used in paragraph (b), 
 92.6   clause (9), means the person on whose behalf a building or 
 92.7   dwelling is being constructed, altered, painted, or repaired and 
 92.8   the general contractor or subcontractor engaged in that work. 
 92.9      (v) "Posted," as used in clause (9), means the placement of 
 92.10  a sign at least 11 inches square in a conspicuous place on the 
 92.11  exterior of the building that is under construction, alteration, 
 92.12  or repair, and additional signs in at least two conspicuous 
 92.13  places for each ten acres being protected.  The sign must carry 
 92.14  an appropriate notice and the name of the person giving the 
 92.15  notice, followed by the word "owner" if the person giving the 
 92.16  notice is the holder of legal title to the land on which the 
 92.17  construction site is located or by the word "occupant" if the 
 92.18  person giving the notice is not the holder of legal title but is 
 92.19  a lawful occupant of the land. 
 92.20     (vi) "Business licensee," as used in paragraph (b), clause 
 92.21  (9), includes a representative of a building trades labor or 
 92.22  management organization. 
 92.23     (vii) "Building" has the meaning given in section 609.581, 
 92.24  subdivision 2. 
 92.25     (b) A person is guilty of a misdemeanor if the person 
 92.26  intentionally: 
 92.27     (1) permits domestic animals or fowls under the actor's 
 92.28  control to go on the land of another within a city; 
 92.29     (2) interferes unlawfully with a monument, sign, or pointer 
 92.30  erected or marked to designate a point of a boundary, line or a 
 92.31  political subdivision, or of a tract of land; 
 92.32     (3) trespasses on the premises of another and, without 
 92.33  claim of right, refuses to depart from the premises on demand of 
 92.34  the lawful possessor; 
 92.35     (4) occupies or enters the dwelling or locked or posted 
 92.36  building of another, without claim of right or consent of the 
 93.1   owner or the consent of one who has the right to give consent, 
 93.2   except in an emergency situation; 
 93.3      (5) enters the premises of another with intent to take or 
 93.4   injure any fruit, fruit trees, or vegetables growing on the 
 93.5   premises, without the permission of the owner or occupant; 
 93.6      (6) enters or is found on the premises of a public or 
 93.7   private cemetery without authorization during hours the cemetery 
 93.8   is posted as closed to the public; 
 93.9      (7) returns to the property of another with the intent to 
 93.10  abuse, disturb, or cause distress in or threaten another, after 
 93.11  being told to leave the property and not to return, if the actor 
 93.12  is without claim of right to the property or consent of one with 
 93.13  authority to consent; 
 93.14     (8) returns to the property of another within 30 days one 
 93.15  year after being told to leave the property and not to return, 
 93.16  if the actor is without claim of right to the property or 
 93.17  consent of one with authority to consent; or 
 93.18     (9) enters the locked or posted construction site of 
 93.19  another without the consent of the owner or lawful possessor, 
 93.20  unless the person is a business licensee. 
 93.21     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 93.22  and applies to crimes committed on or after that date. 
 93.23     Sec. 16.  Minnesota Statutes 2002, section 609.605, 
 93.24  subdivision 4, is amended to read: 
 93.25     Subd. 4.  [TRESPASSES ON SCHOOL PROPERTY.] (a) It is a 
 93.26  misdemeanor for a person to enter or be found in a public or 
 93.27  nonpublic elementary, middle, or secondary school building 
 93.28  unless the person: 
 93.29     (1) is an enrolled student in, a parent or guardian of an 
 93.30  enrolled student in, or an employee of the school or school 
 93.31  district; 
 93.32     (2) has permission or an invitation from a school official 
 93.33  to be in the building; 
 93.34     (3) is attending a school event, class, or meeting to which 
 93.35  the person, the public, or a student's family is invited; or 
 93.36     (4) has reported the person's presence in the school 
 94.1   building in the manner required for visitors to the school. 
 94.2      (b) It is a misdemeanor for a person to be on the roof of a 
 94.3   public or nonpublic elementary, middle, or secondary school 
 94.4   building unless the person has permission from a school official 
 94.5   to be on the roof of the building.  
 94.6      (c) It is a gross misdemeanor for a group of three or more 
 94.7   persons to enter or be found in a public or nonpublic 
 94.8   elementary, middle, or secondary school building unless one of 
 94.9   the persons: 
 94.10     (1) is an enrolled student in, a parent or guardian of an 
 94.11  enrolled student in, or an employee of the school or school 
 94.12  district; 
 94.13     (2) has permission or an invitation from a school official 
 94.14  to be in the building; 
 94.15     (3) is attending a school event, class, or meeting to which 
 94.16  the person, the public, or a student's family is invited; or 
 94.17     (4) has reported the person's presence in the school 
 94.18  building in the manner required for visitors to the school. 
 94.19     (c) (d) It is a misdemeanor for a person to enter or be 
 94.20  found on school property within six months one year after being 
 94.21  told by the school principal or the principal's designee to 
 94.22  leave the property and not to return, unless the principal or 
 94.23  the principal's designee has given the person permission to 
 94.24  return to the property.  As used in this paragraph, "school 
 94.25  property" has the meaning given in section 152.01, subdivision 
 94.26  14a, clauses (1) and (3). 
 94.27     (d) (e) A school principal or a school employee designated 
 94.28  by the school principal to maintain order on school property, 
 94.29  who has reasonable cause to believe that a person is violating 
 94.30  this subdivision may detain the person in a reasonable manner 
 94.31  for a reasonable period of time pending the arrival of a peace 
 94.32  officer.  A school principal or designated school employee is 
 94.33  not civilly or criminally liable for any action authorized under 
 94.34  this paragraph if the person's action is based on reasonable 
 94.35  cause. 
 94.36     (e) (f) A peace officer may arrest a person without a 
 95.1   warrant if the officer has probable cause to believe the person 
 95.2   violated this subdivision within the preceding four hours.  The 
 95.3   arrest may be made even though the violation did not occur in 
 95.4   the peace officer's presence. 
 95.5      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 95.6   and applies to crimes committed on or after that date. 
 95.7      Sec. 17.  Minnesota Statutes 2002, section 609.746, 
 95.8   subdivision 1, is amended to read: 
 95.9      Subdivision 1.  [SURREPTITIOUS INTRUSION; OBSERVATION 
 95.10  DEVICE.] (a) A person is guilty of a gross misdemeanor who: 
 95.11     (1) enters upon another's property; 
 95.12     (2) surreptitiously gazes, stares, or peeps in the window 
 95.13  or any other aperture of a house or place of dwelling of 
 95.14  another; and 
 95.15     (3) does so with intent to intrude upon or interfere with 
 95.16  the privacy of a member of the household. 
 95.17     (b) A person is guilty of a gross misdemeanor who: 
 95.18     (1) enters upon another's property; 
 95.19     (2) surreptitiously installs or uses any device for 
 95.20  observing, photographing, recording, amplifying, or broadcasting 
 95.21  sounds or events through the window or any other aperture of a 
 95.22  house or place of dwelling of another; and 
 95.23     (3) does so with intent to intrude upon or interfere with 
 95.24  the privacy of a member of the household. 
 95.25     (c) A person is guilty of a gross misdemeanor who: 
 95.26     (1) surreptitiously gazes, stares, or peeps in the window 
 95.27  or other aperture of a sleeping room in a hotel, as defined in 
 95.28  section 327.70, subdivision 3, a tanning booth, or other place 
 95.29  where a reasonable person would have an expectation of privacy 
 95.30  and has exposed or is likely to expose their intimate parts, as 
 95.31  defined in section 609.341, subdivision 5, or the clothing 
 95.32  covering the immediate area of the intimate parts; and 
 95.33     (2) does so with intent to intrude upon or interfere with 
 95.34  the privacy of the occupant. 
 95.35     (d) A person is guilty of a gross misdemeanor who: 
 95.36     (1) surreptitiously installs or uses any device for 
 96.1   observing, photographing, recording, amplifying, or broadcasting 
 96.2   sounds or events through the window or other aperture of a 
 96.3   sleeping room in a hotel, as defined in section 327.70, 
 96.4   subdivision 3, a tanning booth, or other place where a 
 96.5   reasonable person would have an expectation of privacy and has 
 96.6   exposed or is likely to expose their intimate parts, as defined 
 96.7   in section 609.341, subdivision 5, or the clothing covering the 
 96.8   immediate area of the intimate parts; and 
 96.9      (2) does so with intent to intrude upon or interfere with 
 96.10  the privacy of the occupant. 
 96.11     (e) A person is guilty of a gross misdemeanor felony and 
 96.12  may be sentenced to imprisonment for not more than two years or 
 96.13  to payment of a fine of not more than $5,000, or both, if the 
 96.14  person: 
 96.15     (1) violates this subdivision after a previous conviction 
 96.16  under this subdivision or section 609.749; or 
 96.17     (2) violates this subdivision against a minor under the age 
 96.18  of 16 18, knowing or having reason to know that the minor is 
 96.19  present. 
 96.20     (f) Paragraphs (b) and (d) do not apply to law enforcement 
 96.21  officers or corrections investigators, or to those acting under 
 96.22  their direction, while engaged in the performance of their 
 96.23  lawful duties.  Paragraphs (c) and (d) do not apply to conduct 
 96.24  in:  (1) a medical facility; or (2) a commercial establishment 
 96.25  if the owner of the establishment has posted conspicuous signs 
 96.26  warning that the premises are under surveillance by the owner or 
 96.27  the owner's employees. 
 96.28     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 96.29  and applies to crimes committed on or after that date. 
 96.30     Sec. 18.  [REQUESTED LEGISLATIVE AUDITOR'S REPORT; 
 96.31  COMMUNITY SUPERVISION FOR CRIMINAL OFFENDERS.] 
 96.32     (a) The Legislative Audit Commission is requested to direct 
 96.33  the legislative auditor to study and issue a report on the 
 96.34  correctional supervision of criminal offenders who are on 
 96.35  probation, supervised release, or conditional release.  The 
 96.36  report must analyze current and historical 
 97.1   supervisor-to-offender caseload ratios, the conditions imposed 
 97.2   on offenders, and the effectiveness of the supervision provided. 
 97.3      (b) If the Legislative Audit Commission directs the 
 97.4   legislative auditor to conduct the study described in paragraph 
 97.5   (a), the auditor shall report its findings to the legislature by 
 97.6   February 1, 2005.