SF 1870

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

  1.1                          A bill for an act 
  1.2             relating to criminal justice; creating indeterminate 
  1.3             sentences and mandatory life sentences for certain 
  1.4             criminal sexual conduct crimes; restructuring the 
  1.5             patterned and predatory sex offender law; requiring 
  1.6             the Department of Corrections to establish release 
  1.7             criteria for sex offenders committed to the 
  1.8             commissioner's custody with indeterminate sentences; 
  1.9             establishing a sex offender release review board; 
  1.10            instructing the revisor to make technical, conforming 
  1.11            changes; providing criminal penalties; amending 
  1.12            Minnesota Statutes 2002, sections 244.05, subdivisions 
  1.13            4, 5, 6, 7; 244.052, subdivision 3; 609.108; 609.109; 
  1.14            609.1351; 609.341, by adding subdivisions; 609.342; 
  1.15            609.343; 609.344; 609.345; 609.3452, subdivision 4; 
  1.16            609.347; 609.3471; 609.348; 609.353; proposing coding 
  1.17            for new law in Minnesota Statutes, chapter 609; 
  1.18            repealing Minnesota Statutes 2002, section 609.108, 
  1.19            subdivisions 2, 3, 6, 7. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21     Section 1.  Minnesota Statutes 2002, section 244.05, 
  1.22  subdivision 4, is amended to read: 
  1.23     Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
  1.24  serving a mandatory life sentence under section 609.106 must not 
  1.25  be given supervised release under this section.  An inmate 
  1.26  serving a mandatory life sentence under section 609.185, clause 
  1.27  (1), (3), (5), or (6); or 609.109, subdivision 2a 3, must not be 
  1.28  given supervised release under this section without having 
  1.29  served a minimum term of 30 years.  An inmate serving a 
  1.30  mandatory life sentence under section 609.385 must not be given 
  1.31  supervised release under this section without having served a 
  1.32  minimum term of imprisonment of 17 years.  An inmate serving a 
  2.1   mandatory life sentence under section 609.342, subdivision 2; 
  2.2   609.343, subdivision 2; 609.344, subdivision 2; 609.345, 
  2.3   subdivision 2; or 609.3455, subdivision 2, must not be given 
  2.4   supervised or conditional release under this section without 
  2.5   having served the minimum term of imprisonment specified by the 
  2.6   court. 
  2.7      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  2.8   and applies to crimes committed on or after that date. 
  2.9      Sec. 2.  Minnesota Statutes 2002, section 244.05, 
  2.10  subdivision 5, is amended to read: 
  2.11     Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
  2.12  commissioner of corrections may, under rules promulgated by the 
  2.13  commissioner, give supervised release or conditional release to 
  2.14  an inmate serving a mandatory life sentence under section 
  2.15  609.185, clause (1), (3), (5), or (6); 609.109, subdivision 2a 
  2.16  3; 609.342, subdivision 2; 609.343, subdivision 2; 609.344, 
  2.17  subdivision 2; 609.345, subdivision 2; 609.3455, subdivision 2; 
  2.18  or 609.385 after the inmate has served the minimum term of 
  2.19  imprisonment specified in subdivision 4.  The terms of 
  2.20  conditional release are governed by section 609.109, subdivision 
  2.21  7. 
  2.22     (b) The commissioner shall require the preparation of a 
  2.23  community investigation report and shall consider the findings 
  2.24  of the report when making a supervised release or conditional 
  2.25  release decision under this subdivision.  The report shall 
  2.26  reflect the sentiment of the various elements of the community 
  2.27  toward the inmate, both at the time of the offense and at the 
  2.28  present time.  The report shall include the views of the 
  2.29  sentencing judge, the prosecutor, any law enforcement personnel 
  2.30  who may have been involved in the case, and any successors to 
  2.31  these individuals who may have information relevant to the 
  2.32  supervised release or conditional release decision.  The report 
  2.33  shall also include the views of the victim and the victim's 
  2.34  family unless the victim or the victim's family chooses not to 
  2.35  participate. 
  2.36     (c) The commissioner shall make reasonable efforts to 
  3.1   notify the victim, in advance, of the time and place of the 
  3.2   inmate's supervised release or conditional release review 
  3.3   hearing.  The victim has a right to submit an oral or written 
  3.4   statement at the review hearing.  The statement may summarize 
  3.5   the harm suffered by the victim as a result of the crime and 
  3.6   give the victim's recommendation on whether the inmate should be 
  3.7   given supervised release or conditional release at this time.  
  3.8   The commissioner must consider the victim's statement when 
  3.9   making the supervised release or conditional release decision. 
  3.10     (d) As used in this subdivision, "victim" means the 
  3.11  individual who suffered harm as a result of the inmate's crime 
  3.12  or, if the individual is deceased, the deceased's surviving 
  3.13  spouse or next of kin. 
  3.14     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  3.15  and applies to crimes committed on or after that date. 
  3.16     Sec. 3.  Minnesota Statutes 2002, section 244.05, 
  3.17  subdivision 6, is amended to read: 
  3.18     Subd. 6.  [INTENSIVE SUPERVISED RELEASE.] The commissioner 
  3.19  may order that an inmate be placed on intensive supervised 
  3.20  release for all or part of the inmate's supervised release or 
  3.21  parole term if the commissioner determines that the action will 
  3.22  further the goals described in section 244.14, subdivision 1, 
  3.23  clauses (2), (3), and (4).  In addition, the commissioner may 
  3.24  order that an inmate be placed on intensive supervised release 
  3.25  for all of the inmate's conditional or supervised release term 
  3.26  if the inmate was convicted of a sex offense under sections 
  3.27  609.342 to 609.345 or was sentenced under the provisions of 
  3.28  section 609.108 609.3455.  The commissioner may impose 
  3.29  appropriate conditions of release on the inmate including but 
  3.30  not limited to unannounced searches of the inmate's person, 
  3.31  vehicle, or premises by an intensive supervision agent; 
  3.32  compliance with court-ordered restitution, if any; random drug 
  3.33  testing; house arrest; daily curfews; frequent face-to-face 
  3.34  contacts with an assigned intensive supervision agent; work, 
  3.35  education, or treatment requirements; and electronic 
  3.36  surveillance.  In addition, any sex offender placed on intensive 
  4.1   supervised release may be ordered to participate in an 
  4.2   appropriate sex offender program as a condition of release.  If 
  4.3   the inmate violates the conditions of the intensive supervised 
  4.4   release, the commissioner shall impose sanctions as provided in 
  4.5   subdivision 3 and section 609.108.  
  4.6      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  4.7   and applies to crimes committed on or after that date. 
  4.8      Sec. 4.  Minnesota Statutes 2002, section 244.05, 
  4.9   subdivision 7, is amended to read: 
  4.10     Subd. 7.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 
  4.11  (a) Before the commissioner releases from prison any inmate who 
  4.12  has ever been convicted of a felony under sections section 
  4.13  609.342 to, 609.343, 609.344, 609.345 or sentenced as a 
  4.14  patterned offender under section 609.108, 609.3451, 609.3455, or 
  4.15  617.23, and determined by the commissioner to be in a high risk 
  4.16  category, the commissioner shall make a preliminary 
  4.17  determination whether, in the commissioner's opinion, a petition 
  4.18  under section 253B.185 may be appropriate.  
  4.19     (b) In making this decision, the commissioner shall have 
  4.20  access to the following data only for the purposes of the 
  4.21  assessment and referral decision: 
  4.22     (1) private medical data under section 13.384 or 144.335, 
  4.23  or welfare data under section 13.46 that relate to medical 
  4.24  treatment of the offender; 
  4.25     (2) private and confidential court services data under 
  4.26  section 13.84; 
  4.27     (3) private and confidential corrections data under section 
  4.28  13.85; and 
  4.29     (4) private criminal history data under section 13.87. 
  4.30     (c) If the commissioner determines that a petition may be 
  4.31  appropriate, the commissioner shall forward this determination, 
  4.32  along with a summary of the reasons for the determination, to 
  4.33  the county attorney in the county where the inmate was convicted 
  4.34  no later than 12 months before the inmate's release date.  If 
  4.35  the inmate is received for incarceration with fewer than 12 
  4.36  months remaining in the inmate's term of imprisonment, or if the 
  5.1   commissioner receives additional information less than 12 months 
  5.2   before release which makes the inmate's case appropriate for 
  5.3   referral, the commissioner shall forward the determination as 
  5.4   soon as is practicable.  Upon receiving the commissioner's 
  5.5   preliminary determination, the county attorney shall proceed in 
  5.6   the manner provided in section 253B.185.  The commissioner shall 
  5.7   release to the county attorney all requested documentation 
  5.8   maintained by the department. 
  5.9      (d) This subdivision does not apply to an inmate sentenced 
  5.10  to a life sentence under section 609.342, subdivision 2; 
  5.11  609.343, subdivision 2; 609.344, subdivision 2; 609.345, 
  5.12  subdivision 2; or 609.3455, subdivision 2. 
  5.13     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  5.14  and applies to crimes committed on or after that date. 
  5.15     Sec. 5.  Minnesota Statutes 2002, section 244.052, 
  5.16  subdivision 3, is amended to read: 
  5.17     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
  5.18  commissioner of corrections shall establish and administer 
  5.19  end-of-confinement review committees at each state correctional 
  5.20  facility and at each state treatment facility where predatory 
  5.21  offenders are confined.  The committees shall assess on a 
  5.22  case-by-case basis the public risk posed by predatory offenders 
  5.23  who are about to be released from confinement. 
  5.24     (b) Each committee shall be a standing committee and shall 
  5.25  consist of the following members appointed by the commissioner: 
  5.26     (1) the chief executive officer or head of the correctional 
  5.27  or treatment facility where the offender is currently confined, 
  5.28  or that person's designee; 
  5.29     (2) a law enforcement officer; 
  5.30     (3) a treatment professional who is trained in the 
  5.31  assessment of sex offenders; 
  5.32     (4) a caseworker experienced in supervising sex offenders; 
  5.33  and 
  5.34     (5) a victim's services professional. 
  5.35     Members of the committee, other than the facility's chief 
  5.36  executive officer or head, shall be appointed by the 
  6.1   commissioner to two-year terms.  The chief executive officer or 
  6.2   head of the facility or designee shall act as chair of the 
  6.3   committee and shall use the facility's staff, as needed, to 
  6.4   administer the committee, obtain necessary information from 
  6.5   outside sources, and prepare risk assessment reports on 
  6.6   offenders. 
  6.7      (c) The committee shall have access to the following data 
  6.8   on a predatory offender only for the purposes of its assessment 
  6.9   and to defend the committee's risk assessment determination upon 
  6.10  administrative review under this section: 
  6.11     (1) private medical data under section 13.384 or 144.335, 
  6.12  or welfare data under section 13.46 that relate to medical 
  6.13  treatment of the offender; 
  6.14     (2) private and confidential court services data under 
  6.15  section 13.84; 
  6.16     (3) private and confidential corrections data under section 
  6.17  13.85; and 
  6.18     (4) private criminal history data under section 13.87. 
  6.19     Data collected and maintained by the committee under this 
  6.20  paragraph may not be disclosed outside the committee, except as 
  6.21  provided under section 13.05, subdivision 3 or 4.  The predatory 
  6.22  offender has access to data on the offender collected and 
  6.23  maintained by the committee, unless the data are confidential 
  6.24  data received under this paragraph. 
  6.25     (d)(i) Except as otherwise provided in item items (ii) and 
  6.26  (iii), at least 90 days before a predatory offender is to be 
  6.27  released from confinement, the commissioner of corrections shall 
  6.28  convene the appropriate end-of-confinement review committee for 
  6.29  the purpose of assessing the risk presented by the offender and 
  6.30  determining the risk level to which the offender shall be 
  6.31  assigned under paragraph (e).  The offender and the law 
  6.32  enforcement agency that was responsible for the charge resulting 
  6.33  in confinement shall be notified of the time and place of the 
  6.34  committee's meeting.  The offender has a right to be present and 
  6.35  be heard at the meeting.  The law enforcement agency may provide 
  6.36  material in writing that is relevant to the offender's risk 
  7.1   level to the chair of the committee.  The committee shall use 
  7.2   the risk factors described in paragraph (g) and the risk 
  7.3   assessment scale developed under subdivision 2 to determine the 
  7.4   offender's risk assessment score and risk level.  Offenders 
  7.5   scheduled for release from confinement shall be assessed by the 
  7.6   committee established at the facility from which the offender is 
  7.7   to be released.  
  7.8      (ii) If an offender is received for confinement in a 
  7.9   facility with less than 90 days remaining in the offender's term 
  7.10  of confinement, the offender's risk shall be assessed at the 
  7.11  first regularly scheduled end of confinement review committee 
  7.12  that convenes after the appropriate documentation for the risk 
  7.13  assessment is assembled by the committee.  The commissioner 
  7.14  shall make reasonable efforts to ensure that offender's risk is 
  7.15  assessed and a risk level is assigned or reassigned at least 30 
  7.16  days before the offender's release date.  
  7.17     (iii) If the predatory offender is subject to an 
  7.18  indeterminate sentence under section 609.185, paragraph (a), 
  7.19  clause (2), 609.342, 609.343, 609.344, 609.345, or 609.3455, the 
  7.20  commissioner of corrections shall convene the appropriate 
  7.21  end-of-confinement review committee nine months before the 
  7.22  offender is first eligible for release.  If the offender is 
  7.23  received for confinement in a facility with less than nine 
  7.24  months remaining before the offender is first eligible for 
  7.25  release, the committee shall conform its procedures to those 
  7.26  outlined in item (ii) to the extent practicable. 
  7.27     (e) The committee shall assign to risk level I a predatory 
  7.28  offender whose risk assessment score indicates a low risk of 
  7.29  reoffense.  The committee shall assign to risk level II an 
  7.30  offender whose risk assessment score indicates a moderate risk 
  7.31  of reoffense.  The committee shall assign to risk level III an 
  7.32  offender whose risk assessment score indicates a high risk of 
  7.33  reoffense. 
  7.34     (f) Before the predatory offender is released from 
  7.35  confinement, the committee shall prepare a risk assessment 
  7.36  report which specifies the risk level to which the offender has 
  8.1   been assigned and the reasons underlying the committee's risk 
  8.2   assessment decision.  The committee shall give the report to the 
  8.3   offender and to the law enforcement agency at least 60 days 
  8.4   before an offender is released from confinement.  If the 
  8.5   offender is subject to an indeterminate sentence, the committee 
  8.6   shall give the report to the offender and to the commissioner 
  8.7   for the purpose of making a release decision at least six months 
  8.8   before the offender is first eligible for release.  If the risk 
  8.9   assessment is performed under the circumstances described in 
  8.10  paragraph (d), item (ii), the report shall be given to the 
  8.11  offender and, the law enforcement agency, and commissioner as 
  8.12  soon as it is available.  The committee also shall inform the 
  8.13  offender of the availability of review under subdivision 6. 
  8.14     (g) As used in this subdivision, "risk factors" includes, 
  8.15  but is not limited to, the following factors: 
  8.16     (1) the seriousness of the offense should the offender 
  8.17  reoffend.  This factor includes consideration of the following:  
  8.18     (i) the degree of likely force or harm; 
  8.19     (ii) the degree of likely physical contact; and 
  8.20     (iii) the age of the likely victim; 
  8.21     (2) the offender's prior offense history.  This factor 
  8.22  includes consideration of the following: 
  8.23     (i) the relationship of prior victims to the offender; 
  8.24     (ii) the number of prior offenses or victims; 
  8.25     (iii) the duration of the offender's prior offense history; 
  8.26     (iv) the length of time since the offender's last prior 
  8.27  offense while the offender was at risk to commit offenses; and 
  8.28     (v) the offender's prior history of other antisocial acts; 
  8.29     (3) the offender's characteristics.  This factor includes 
  8.30  consideration of the following:  
  8.31     (i) the offender's response to prior treatment efforts; and 
  8.32     (ii) the offender's history of substance abuse; 
  8.33     (4) the availability of community supports to the offender. 
  8.34  This factor includes consideration of the following: 
  8.35     (i) the availability and likelihood that the offender will 
  8.36  be involved in therapeutic treatment; 
  9.1      (ii) the availability of residential supports to the 
  9.2   offender, such as a stable and supervised living arrangement in 
  9.3   an appropriate location; 
  9.4      (iii) the offender's familial and social relationships, 
  9.5   including the nature and length of these relationships and the 
  9.6   level of support that the offender may receive from these 
  9.7   persons; and 
  9.8      (iv) the offender's lack of education or employment 
  9.9   stability; 
  9.10     (5) whether the offender has indicated or credible evidence 
  9.11  in the record indicates that the offender will reoffend if 
  9.12  released into the community; and 
  9.13     (6) whether the offender demonstrates a physical condition 
  9.14  that minimizes the risk of reoffense, including but not limited 
  9.15  to, advanced age or a debilitating illness or physical condition.
  9.16     (h) Upon the request of the law enforcement agency or the 
  9.17  offender's corrections agent, the commissioner may reconvene the 
  9.18  end-of-confinement review committee for the purpose of 
  9.19  reassessing the risk level to which an offender has been 
  9.20  assigned under paragraph (e).  In a request for a reassessment, 
  9.21  the law enforcement agency which was responsible for the charge 
  9.22  resulting in confinement or agent shall list the facts and 
  9.23  circumstances arising after the initial assignment or facts and 
  9.24  circumstances known to law enforcement or the agent but not 
  9.25  considered by the committee under paragraph (e) which support 
  9.26  the request for a reassessment.  The request for reassessment by 
  9.27  the law enforcement agency must occur within 30 days of receipt 
  9.28  of the report indicating the offender's risk level assignment.  
  9.29  The offender's corrections agent, in consultation with the chief 
  9.30  law enforcement officer in the area where the offender resides 
  9.31  or intends to reside, may request a review of a risk level at 
  9.32  any time if substantial evidence exists that the offender's risk 
  9.33  level should be reviewed by an end-of-confinement review 
  9.34  committee.  This evidence includes, but is not limited to, 
  9.35  evidence of treatment failures or completions, evidence of 
  9.36  exceptional crime-free community adjustment or lack of 
 10.1   appropriate adjustment, evidence of substantial community need 
 10.2   to know more about the offender or mitigating circumstances that 
 10.3   would narrow the proposed scope of notification, or other 
 10.4   practical situations articulated and based in evidence of the 
 10.5   offender's behavior while under supervision.  Upon review of the 
 10.6   request, the end-of-confinement review committee may reassign an 
 10.7   offender to a different risk level.  If the offender is 
 10.8   reassigned to a higher risk level, the offender has the right to 
 10.9   seek review of the committee's determination under subdivision 6.
 10.10     (i) An offender may request the end-of-confinement review 
 10.11  committee to reassess the offender's assigned risk level after 
 10.12  three years have elapsed since the committee's initial risk 
 10.13  assessment and may renew the request once every two years 
 10.14  following subsequent denials.  In a request for reassessment, 
 10.15  the offender shall list the facts and circumstances which 
 10.16  demonstrate that the offender no longer poses the same degree of 
 10.17  risk to the community.  In order for a request for a risk level 
 10.18  reduction to be granted, the offender must demonstrate full 
 10.19  compliance with supervised release conditions, completion of 
 10.20  required post-release treatment programming, and full compliance 
 10.21  with all registration requirements as detailed in section 
 10.22  243.166.  The offender must also not have been convicted of any 
 10.23  felony, gross misdemeanor, or misdemeanor offenses subsequent to 
 10.24  the assignment of the original risk level.  The committee shall 
 10.25  follow the process outlined in paragraphs (a) to (c) in the 
 10.26  reassessment.  An offender who is incarcerated may not request a 
 10.27  reassessment under this paragraph. 
 10.28     (j) Offenders returned to prison as release violators shall 
 10.29  not have a right to a subsequent risk reassessment by the 
 10.30  end-of-confinement review committee unless substantial evidence 
 10.31  indicates that the offender's risk to the public has increased. 
 10.32     (k) The commissioner shall establish an end-of-confinement 
 10.33  review committee to assign a risk level to offenders who are 
 10.34  released from a federal correctional facility in Minnesota or 
 10.35  another state and who intend to reside in Minnesota, and to 
 10.36  offenders accepted from another state under a reciprocal 
 11.1   agreement for parole supervision under the interstate compact 
 11.2   authorized by section 243.16.  The committee shall make 
 11.3   reasonable efforts to conform to the same timelines as applied 
 11.4   to Minnesota cases.  Offenders accepted from another state under 
 11.5   a reciprocal agreement for probation supervision are not 
 11.6   assigned a risk level, but are considered downward dispositional 
 11.7   departures.  The probation or court services officer and law 
 11.8   enforcement officer shall manage such cases in accordance with 
 11.9   section 244.10, subdivision 2a.  The policies and procedures of 
 11.10  the committee for federal offenders and interstate compact cases 
 11.11  must be in accordance with all requirements as set forth in this 
 11.12  section, unless restrictions caused by the nature of federal or 
 11.13  interstate transfers prevents such conformance. 
 11.14     (l) If the committee assigns a predatory offender to risk 
 11.15  level III, the committee shall determine whether residency 
 11.16  restrictions shall be included in the conditions of the 
 11.17  offender's release based on the offender's pattern of offending 
 11.18  behavior. 
 11.19     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 11.20  and applies to risk level assessments prepared on or after that 
 11.21  date. 
 11.22     Sec. 6.  Minnesota Statutes 2002, section 609.108, is 
 11.23  amended to read: 
 11.24     609.108 [MANDATORY INCREASED SENTENCES FOR CERTAIN 
 11.25  PATTERNED AND PREDATORY SEX OFFENDERS; NO PRIOR CONVICTION 
 11.26  REQUIRED.] 
 11.27     Subdivision 1.  [MANDATORY INCREASED SENTENCE.] (a) A court 
 11.28  shall commit a person to the commissioner of corrections for a 
 11.29  period of time that is not less than double the presumptive 
 11.30  sentence under the Sentencing Guidelines and not more than the 
 11.31  statutory maximum, or if the statutory maximum is less than 
 11.32  double the presumptive sentence, for a period of time that is 
 11.33  equal to the statutory maximum, if: 
 11.34     (1) the court is imposing an executed sentence, based on a 
 11.35  Sentencing Guidelines presumptive imprisonment sentence or a 
 11.36  dispositional departure for aggravating circumstances or a 
 12.1   mandatory minimum sentence, on a person convicted of committing 
 12.2   or attempting to commit a violation of section 609.342, 609.343, 
 12.3   609.344, or 609.345, or on a person convicted of committing or 
 12.4   attempting to commit any other crime listed in subdivision 3 if 
 12.5   it reasonably appears to the court that the crime was motivated 
 12.6   by the offender's sexual impulses or was part of a predatory 
 12.7   pattern of behavior that had criminal sexual conduct as its 
 12.8   goal; 609.3455, 
 12.9      (2) and the court finds that the offender is a danger to 
 12.10  public safety; and 
 12.11     (3) the court finds that the offender needs long-term 
 12.12  treatment or supervision beyond the presumptive term of 
 12.13  imprisonment and supervised release.  The finding must be based 
 12.14  on a professional assessment by an examiner experienced in 
 12.15  evaluating sex offenders that concludes that the offender is a 
 12.16  patterned sex offender.  The assessment must contain the facts 
 12.17  upon which the conclusion is based, with reference to the 
 12.18  offense history of the offender or the severity of the current 
 12.19  offense, the social history of the offender, and the results of 
 12.20  an examination of the offender's mental status unless the 
 12.21  offender refuses to be examined.  The conclusion may not be 
 12.22  based on testing alone.  A patterned sex offender is one whose 
 12.23  criminal sexual behavior is so engrained that the risk of 
 12.24  reoffending is great without intensive psychotherapeutic 
 12.25  intervention or other long-term controls. 
 12.26     (b) The court shall consider imposing a sentence under this 
 12.27  section whenever a person is convicted of violating section 
 12.28  609.342 or 609.343. 
 12.29     Subd. 2.  [INCREASED STATUTORY MAXIMUM.] If the factfinder 
 12.30  determines, at the time of the trial or the guilty plea, that a 
 12.31  predatory offense was motivated by, committed in the course of, 
 12.32  or committed in furtherance of sexual contact or penetration, as 
 12.33  defined in section 609.341, and the court is imposing a sentence 
 12.34  under subdivision 1, the statutory maximum imprisonment penalty 
 12.35  for the offense is 40 years, notwithstanding the statutory 
 12.36  maximum imprisonment penalty otherwise provided for the offense. 
 13.1      Subd. 3.  [PREDATORY CRIME.] A predatory crime is a felony 
 13.2   violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 
 13.3   609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255, 
 13.4   609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, 
 13.5   or 609.582, subdivision 1. 
 13.6      Subd. 4.  [DANGER TO PUBLIC SAFETY.] The court shall base 
 13.7   its finding that the offender is a danger to public safety on 
 13.8   any of the following factors: 
 13.9      (1) the crime involved an aggravating factor that would 
 13.10  justify a durational departure from the presumptive sentence 
 13.11  under the Sentencing Guidelines; or 
 13.12     (2) the offender previously committed or attempted to 
 13.13  commit a predatory crime or a violation of section 609.224 or 
 13.14  609.2242, including: 
 13.15     (i) an offense committed as a juvenile that would have been 
 13.16  a predatory crime or a violation of section 609.224 or 609.2242 
 13.17  if committed by an adult; or 
 13.18     (ii) a violation or attempted violation of a similar law of 
 13.19  any other state or the United States; or 
 13.20     (3) the offender planned or prepared for the crime prior to 
 13.21  its commission. 
 13.22     Subd. 5.  [DEPARTURE FROM GUIDELINES.] A sentence imposed 
 13.23  under subdivision 1 is a departure from the Sentencing 
 13.24  Guidelines. 
 13.25     Subd. 6.  [CONDITIONAL RELEASE.] At the time of sentencing 
 13.26  under subdivision 1, the court shall provide that after the 
 13.27  offender has completed the sentence imposed, less any good time 
 13.28  earned by an offender whose crime was committed before August 1, 
 13.29  1993, the commissioner of corrections shall place the offender 
 13.30  on conditional release for the remainder of the statutory 
 13.31  maximum period, or for ten years, whichever is longer. 
 13.32     The conditions of release may include successful completion 
 13.33  of treatment and aftercare in a program approved by the 
 13.34  commissioner, satisfaction of the release conditions specified 
 13.35  in section 244.05, subdivision 6, and any other conditions the 
 13.36  commissioner considers appropriate.  Before the offender is 
 14.1   released, the commissioner shall notify the sentencing court, 
 14.2   the prosecutor in the jurisdiction where the offender was 
 14.3   sentenced, and the victim of the offender's crime, where 
 14.4   available, of the terms of the offender's conditional release.  
 14.5   If the offender fails to meet any condition of release, the 
 14.6   commissioner may revoke the offender's conditional release and 
 14.7   order that the offender serve all or a part of the remaining 
 14.8   portion of the conditional release term in prison.  The 
 14.9   commissioner shall not dismiss the offender from supervision 
 14.10  before the conditional release term expires. 
 14.11     Conditional release granted under this subdivision is 
 14.12  governed by provisions relating to supervised release, except as 
 14.13  otherwise provided in this subdivision, section 244.04, 
 14.14  subdivision 1, or 244.05. 
 14.15     Subd. 7.  [COMMISSIONER OF CORRECTIONS.] The commissioner 
 14.16  shall pay the cost of treatment of a person released under 
 14.17  subdivision 6.  This section does not require the commissioner 
 14.18  to accept or retain an offender in a treatment program. 
 14.19     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 14.20  and applies to crimes committed on or after that date. 
 14.21     Sec. 7.  Minnesota Statutes 2002, section 609.109, is 
 14.22  amended to read: 
 14.23     609.109 [PRESUMPTIVE AND MANDATORY MINIMUM SENTENCES FOR 
 14.24  REPEAT SEX OFFENDERS.] 
 14.25     Subdivision 1.  [DEFINITION; CONVICTION OF OFFENSE.] For 
 14.26  purposes of this section, "offense" means a completed offense or 
 14.27  an attempt to commit an offense.  
 14.28     Subd. 2.  [PRESUMPTIVE EXECUTED SENTENCE.] Except as 
 14.29  provided in subdivision 3 or 4, if a person is convicted under 
 14.30  sections 609.342 to 609.345, within 15 years of a previous sex 
 14.31  offense conviction, the court shall commit the defendant to the 
 14.32  commissioner of corrections for not less than three five years, 
 14.33  nor more than the maximum sentence provided by law for the 
 14.34  offense for which convicted, notwithstanding the provisions of 
 14.35  sections 242.19, 243.05, 609.11, 609.12, and 609.135.  The court 
 14.36  may stay the execution of the sentence imposed under this 
 15.1   subdivision only if it finds that a professional assessment 
 15.2   indicates the offender is accepted by and can respond to 
 15.3   treatment at a long-term inpatient program exclusively treating 
 15.4   sex offenders and approved by the commissioner of corrections.  
 15.5   If the court stays the execution of a sentence, it shall include 
 15.6   the following as conditions of probation:  
 15.7      (1) incarceration in a local jail or workhouse; and 
 15.8      (2) a requirement that the offender successfully complete 
 15.9   the treatment program and aftercare as directed by the court. 
 15.10     Subd. 3.  [MANDATORY LIFE SENTENCE.] (a) The court shall 
 15.11  sentence a person to imprisonment for life, notwithstanding the 
 15.12  statutory maximum sentence under section 609.342, if: 
 15.13     (1) the person has been indicted by a grand jury under this 
 15.14  subdivision; 
 15.15     (2) the person is convicted under section 609.342; and 
 15.16     (3) the court determines on the record at the time of 
 15.17  sentencing that any of the following circumstances exists: 
 15.18     (i) the person has previously been sentenced under section 
 15.19  609.1095; 
 15.20     (ii) the person has one previous sex offense conviction for 
 15.21  a violation of section 609.342, 609.343, or 609.344 that 
 15.22  occurred before August 1, 1989, for which the person was 
 15.23  sentenced to prison in an upward durational departure from the 
 15.24  Sentencing Guidelines that resulted in a sentence at least twice 
 15.25  as long as the presumptive sentence; or 
 15.26     (iii) the person has two previous sex offense convictions 
 15.27  under section 609.342, 609.343, or 609.344. 
 15.28     (b) Notwithstanding subdivision 2 and section 609.342, 
 15.29  subdivision 3, the court may not stay imposition of the sentence 
 15.30  required by this subdivision. 
 15.31     Subd. 4.  [MANDATORY 30-YEAR SENTENCE.] (a) The court shall 
 15.32  commit a person to the commissioner of corrections for not less 
 15.33  than 30 years, notwithstanding the statutory maximum sentence 
 15.34  under section 609.343, if: 
 15.35     (1) the person is convicted under section 609.342, 
 15.36  subdivision 1, clause (c), (d), (e), or (f); or 609.343, 
 16.1   subdivision 1, clause (c), (d), (e), or (f); and 
 16.2      (2) the court determines on the record at the time of 
 16.3   sentencing that:  
 16.4      (i) the crime involved an aggravating factor that would 
 16.5   provide grounds for an upward departure under the Sentencing 
 16.6   Guidelines other than the aggravating factor applicable to 
 16.7   repeat criminal sexual conduct convictions; and 
 16.8      (ii) the person has a previous sex offense conviction under 
 16.9   section 609.342, 609.343, or 609.344. 
 16.10     (b) Notwithstanding subdivision 2 and sections 609.342, 
 16.11  subdivision 3;, and 609.343, subdivision 3, the court may not 
 16.12  stay imposition or execution of the sentence required by this 
 16.13  subdivision. 
 16.14     Subd. 5.  [PREVIOUS SEX OFFENSE CONVICTIONS.] For the 
 16.15  purposes of this section, a conviction is considered a previous 
 16.16  sex offense conviction if the person was convicted of a sex 
 16.17  offense before the commission of the present offense of 
 16.18  conviction.  A person has two previous sex offense convictions 
 16.19  only if the person was convicted and sentenced for a sex offense 
 16.20  committed after the person was earlier convicted and sentenced 
 16.21  for a sex offense, both convictions preceded the commission of 
 16.22  the present offense of conviction, and 15 years have not elapsed 
 16.23  since the person was discharged from the sentence imposed for 
 16.24  the second conviction.  A "sex offense" is a violation of 
 16.25  sections 609.342 to 609.345 or any similar statute of the United 
 16.26  States, this state, or any other state. 
 16.27     Subd. 6.  [MINIMUM DEPARTURE FOR SEX OFFENDERS.] The court 
 16.28  shall sentence a person to at least twice the presumptive 
 16.29  sentence recommended by the Sentencing Guidelines if: 
 16.30     (1) the person is convicted under section 609.342, 
 16.31  subdivision 1, clause (c), (d), (e), or (f); 609.343, 
 16.32  subdivision 1, clause (c), (d), (e), or (f); or 609.344, 
 16.33  subdivision 1, clause (c) or (d); and 
 16.34     (2) the court determines on the record at the time of 
 16.35  sentencing that the crime involved an aggravating factor that 
 16.36  would provide grounds for an upward departure under the 
 17.1   Sentencing Guidelines. 
 17.2      Subd. 7.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
 17.3   Notwithstanding the statutory maximum sentence otherwise 
 17.4   applicable to the offense or any provision of the Sentencing 
 17.5   Guidelines, When a court sentences a person to prison for a 
 17.6   violation of section 609.342, 609.343, 609.344, or 609.345, the 
 17.7   court shall provide that after the person has completed the 
 17.8   minimum sentence imposed, the commissioner of corrections shall 
 17.9   may place the person on conditional release.  If the person was 
 17.10  convicted for a violation of section 609.342, 609.343, 609.344, 
 17.11  or 609.345, the person shall be placed on conditional release 
 17.12  for five years, minus the time the person served on supervised 
 17.13  release.  If the person was convicted for a violation of one of 
 17.14  those sections after a previous sex offense conviction as 
 17.15  defined in subdivision 5, or sentenced under subdivision 6 to a 
 17.16  mandatory departure, the person shall be placed on conditional 
 17.17  release for ten years, minus the time the person served on 
 17.18  supervised release. This subdivision applies only to offenders 
 17.19  who commit the offense leading to a sentence under this section 
 17.20  before August 1, 2004. 
 17.21     (b) If the offender is placed on conditional release, the 
 17.22  conditions of release may include successful completion of 
 17.23  treatment and aftercare in a program approved by the 
 17.24  commissioner, satisfaction of the release conditions specified 
 17.25  in section 244.05, subdivision 6, and any other conditions the 
 17.26  commissioner considers appropriate.  If the offender fails to 
 17.27  meet any condition of release, the commissioner may revoke the 
 17.28  offender's conditional release and order that the offender serve 
 17.29  the remaining portion of the conditional release term in 
 17.30  prison.  The commissioner shall not dismiss the offender from 
 17.31  supervision before the conditional release term expires. 
 17.32     Conditional release under this subdivision is governed by 
 17.33  provisions relating to supervised release, except as otherwise 
 17.34  provided in this subdivision, section 244.04, subdivision 1, or 
 17.35  244.05. 
 17.36     (c) The commissioner shall pay the cost of treatment of a 
 18.1   person released under this subdivision.  This section does not 
 18.2   require the commissioner to accept or retain an offender in a 
 18.3   treatment program. 
 18.4      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 18.5   and applies to crimes committed on or after that date. 
 18.6      Sec. 8.  Minnesota Statutes 2002, section 609.1351, is 
 18.7   amended to read: 
 18.8      609.1351 [PETITION FOR CIVIL COMMITMENT.] 
 18.9      When a court sentences a person under section 609.108, 
 18.10  609.342, 609.343, 609.344, or 609.345, or 609.3455, the court 
 18.11  shall make a preliminary determination whether in the court's 
 18.12  opinion a petition under section 253B.185 may be appropriate and 
 18.13  include the determination as part of the sentencing order.  If 
 18.14  the court determines that a petition may be appropriate, the 
 18.15  court shall forward its preliminary determination along with 
 18.16  supporting documentation to the county attorney.  
 18.17     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 18.18  and applies to crimes committed on or after that date. 
 18.19     Sec. 9.  Minnesota Statutes 2002, section 609.341, is 
 18.20  amended by adding a subdivision to read: 
 18.21     Subd. 22.  [SEX OFFENSE.] Unless otherwise provided, "sex 
 18.22  offense" means any violation of, or attempt to violate, section 
 18.23  609.342, 609.343, 609.344, 609.345, or 609.3455, or any similar 
 18.24  statute of the United States or any other state. 
 18.25     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 18.26  and applies to crimes committed on or after that date. 
 18.27     Sec. 10.  Minnesota Statutes 2002, section 609.341, is 
 18.28  amended by adding a subdivision to read: 
 18.29     Subd. 23.  [PREDATORY CRIME.] "Predatory crime" means a 
 18.30  felony violation of section 609.185; 609.19; 609.195; 609.20; 
 18.31  609.205; 609.221; 609.222; 609.223; 609.24; 609.245; 609.25; 
 18.32  609.255; 609.365; or 609.582, subdivision 1. 
 18.33     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 18.34  and applies to crimes committed on or after that date. 
 18.35     Sec. 11.  Minnesota Statutes 2002, section 609.342, is 
 18.36  amended to read: 
 19.1      609.342 [CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.] 
 19.2      Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 19.3   sexual penetration with another person, or in sexual contact 
 19.4   with a person under 13 years of age as defined in section 
 19.5   609.341, subdivision 11, paragraph (c), is guilty of criminal 
 19.6   sexual conduct in the first degree if any of the following 
 19.7   circumstances exists: 
 19.8      (a) the complainant is under 13 years of age and the actor 
 19.9   is more than 36 months older than the complainant.  Neither 
 19.10  mistake as to the complainant's age nor consent to the act by 
 19.11  the complainant is a defense; 
 19.12     (b) the complainant is at least 13 years of age but less 
 19.13  than 16 years of age and the actor is more than 48 months older 
 19.14  than the complainant and in a position of authority over the 
 19.15  complainant.  Neither mistake as to the complainant's age nor 
 19.16  consent to the act by the complainant is a defense; 
 19.17     (c) circumstances existing at the time of the act cause the 
 19.18  complainant to have a reasonable fear of imminent great bodily 
 19.19  harm to the complainant or another; 
 19.20     (d) the actor is armed with a dangerous weapon or any 
 19.21  article used or fashioned in a manner to lead the complainant to 
 19.22  reasonably believe it to be a dangerous weapon and uses or 
 19.23  threatens to use the weapon or article to cause the complainant 
 19.24  to submit; 
 19.25     (e) the actor causes personal injury to the complainant, 
 19.26  and either of the following circumstances exist: 
 19.27     (i) the actor uses force or coercion to accomplish sexual 
 19.28  penetration; or 
 19.29     (ii) the actor knows or has reason to know that the 
 19.30  complainant is mentally impaired, mentally incapacitated, or 
 19.31  physically helpless; 
 19.32     (f) the actor is aided or abetted by one or more 
 19.33  accomplices within the meaning of section 609.05, and either of 
 19.34  the following circumstances exists: 
 19.35     (i) an accomplice uses force or coercion to cause the 
 19.36  complainant to submit; or 
 20.1      (ii) an accomplice is armed with a dangerous weapon or any 
 20.2   article used or fashioned in a manner to lead the complainant 
 20.3   reasonably to believe it to be a dangerous weapon and uses or 
 20.4   threatens to use the weapon or article to cause the complainant 
 20.5   to submit; 
 20.6      (g) the actor has a significant relationship to the 
 20.7   complainant and the complainant was under 16 years of age at the 
 20.8   time of the sexual penetration.  Neither mistake as to the 
 20.9   complainant's age nor consent to the act by the complainant is a 
 20.10  defense; or 
 20.11     (h) the actor has a significant relationship to the 
 20.12  complainant, the complainant was under 16 years of age at the 
 20.13  time of the sexual penetration, and: 
 20.14     (i) the actor or an accomplice used force or coercion to 
 20.15  accomplish the penetration; 
 20.16     (ii) the complainant suffered personal injury; or 
 20.17     (iii) the sexual abuse involved multiple acts committed 
 20.18  over an extended period of time. 
 20.19     Neither mistake as to the complainant's age nor consent to 
 20.20  the act by the complainant is a defense. 
 20.21     Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
 20.22  section 609.109, A person convicted under subdivision 1 may 
 20.23  shall be sentenced to imprisonment for not more than 30 years or 
 20.24  to a payment of a fine of not more than $40,000, or both for 
 20.25  life. 
 20.26     (b) In addition to imposing the sentence of imprisonment 
 20.27  for life, the court shall, at the time of sentencing, specify 
 20.28  the minimum term of imprisonment that an offender must serve 
 20.29  before the offender may be considered for conditional release. 
 20.30     (c) Unless a longer mandatory minimum sentence is otherwise 
 20.31  required by law or the Sentencing Guidelines provide for a 
 20.32  longer presumptive executed sentence, the court shall presume 
 20.33  that the minimum term of imprisonment imposed on an offender 
 20.34  convicted under subdivision 1 is an executed sentence of 144 
 20.35  months must be imposed on an offender convicted of violating 
 20.36  this section.  Sentencing a person in a manner other than that 
 21.1   described in this paragraph is a departure from the Sentencing 
 21.2   Guidelines.  The specified minimum term of imprisonment that 
 21.3   must be served shall not be less than seven years. 
 21.4      Subd. 3.  [STAY.] Except when imprisonment is required 
 21.5   under section 609.109 establishes the minimum sentence for a 
 21.6   conviction under subdivision 1, if the court may stay imposition 
 21.7   or execution of sentence on a person who is convicted under 
 21.8   subdivision 1, clause (g), the court may stay imposition or 
 21.9   execution of the sentence if it finds that: 
 21.10     (a) a stay is in the best interest of the complainant or 
 21.11  the family unit; and 
 21.12     (b) a professional assessment indicates that the offender 
 21.13  has been accepted by and can respond to a treatment program. 
 21.14     If the court stays imposition or execution of sentence, it 
 21.15  shall include the following as conditions of probation: 
 21.16     (1) incarceration in a local jail or workhouse; 
 21.17     (2) a requirement that the offender complete a treatment 
 21.18  program; and 
 21.19     (3) a requirement that the offender have no unsupervised 
 21.20  contact with the complainant until the offender has successfully 
 21.21  completed the treatment program unless approved by the treatment 
 21.22  program and the supervising correctional agent. 
 21.23     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 21.24  and applies to crimes committed on or after that date. 
 21.25     Sec. 12.  Minnesota Statutes 2002, section 609.343, is 
 21.26  amended to read: 
 21.27     609.343 [CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.] 
 21.28     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 21.29  sexual contact with another person is guilty of criminal sexual 
 21.30  conduct in the second degree if any of the following 
 21.31  circumstances exists: 
 21.32     (a) the complainant is under 13 years of age and the actor 
 21.33  is more than 36 months older than the complainant.  Neither 
 21.34  mistake as to the complainant's age nor consent to the act by 
 21.35  the complainant is a defense.  In a prosecution under this 
 21.36  clause, the state is not required to prove that the sexual 
 22.1   contact was coerced; 
 22.2      (b) the complainant is at least 13 but less than 16 years 
 22.3   of age and the actor is more than 48 months older than the 
 22.4   complainant and in a position of authority over the complainant. 
 22.5   Neither mistake as to the complainant's age nor consent to the 
 22.6   act by the complainant is a defense; 
 22.7      (c) circumstances existing at the time of the act cause the 
 22.8   complainant to have a reasonable fear of imminent great bodily 
 22.9   harm to the complainant or another; 
 22.10     (d) the actor is armed with a dangerous weapon or any 
 22.11  article used or fashioned in a manner to lead the complainant to 
 22.12  reasonably believe it to be a dangerous weapon and uses or 
 22.13  threatens to use the dangerous weapon to cause the complainant 
 22.14  to submit; 
 22.15     (e) the actor causes personal injury to the complainant, 
 22.16  and either of the following circumstances exist: 
 22.17     (i) the actor uses force or coercion to accomplish the 
 22.18  sexual contact; or 
 22.19     (ii) the actor knows or has reason to know that the 
 22.20  complainant is mentally impaired, mentally incapacitated, or 
 22.21  physically helpless; 
 22.22     (f) the actor is aided or abetted by one or more 
 22.23  accomplices within the meaning of section 609.05, and either of 
 22.24  the following circumstances exists: 
 22.25     (i) an accomplice uses force or coercion to cause the 
 22.26  complainant to submit; or 
 22.27     (ii) an accomplice is armed with a dangerous weapon or any 
 22.28  article used or fashioned in a manner to lead the complainant to 
 22.29  reasonably believe it to be a dangerous weapon and uses or 
 22.30  threatens to use the weapon or article to cause the complainant 
 22.31  to submit; 
 22.32     (g) the actor has a significant relationship to the 
 22.33  complainant and the complainant was under 16 years of age at the 
 22.34  time of the sexual contact.  Neither mistake as to the 
 22.35  complainant's age nor consent to the act by the complainant is a 
 22.36  defense; or 
 23.1      (h) the actor has a significant relationship to the 
 23.2   complainant, the complainant was under 16 years of age at the 
 23.3   time of the sexual contact, and: 
 23.4      (i) the actor or an accomplice used force or coercion to 
 23.5   accomplish the contact; 
 23.6      (ii) the complainant suffered personal injury; or 
 23.7      (iii) the sexual abuse involved multiple acts committed 
 23.8   over an extended period of time. 
 23.9      Neither mistake as to the complainant's age nor consent to 
 23.10  the act by the complainant is a defense. 
 23.11     Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
 23.12  section 609.109, A person convicted under subdivision 1 may 
 23.13  shall be sentenced to imprisonment for not more than 25 years or 
 23.14  to a payment of a fine of not more than $35,000, or both for 
 23.15  life. 
 23.16     (b) In addition to imposing the sentence of imprisonment 
 23.17  for life, the court shall, at the time of sentencing, specify 
 23.18  the minimum term of imprisonment that an offender must serve 
 23.19  before the offender may be considered for conditional release. 
 23.20     (c) Unless a longer mandatory minimum sentence is otherwise 
 23.21  required by law or the Sentencing Guidelines provide for a 
 23.22  longer presumptive executed sentence, the court shall presume 
 23.23  that the minimum term of imprisonment imposed on an offender 
 23.24  convicted under subdivision 1, clause (c), (d), (e), (f), or (h) 
 23.25  is an executed sentence of 90 months must be imposed on an 
 23.26  offender convicted of violating subdivision 1, clause (c), (d), 
 23.27  (e), (f), or (h).  Sentencing a person in a manner other than 
 23.28  that described in this paragraph is a departure from the 
 23.29  Sentencing Guidelines.  The specified minimum term of 
 23.30  imprisonment that must be served shall not be less than four 
 23.31  years. 
 23.32     (d) Unless a longer mandatory minimum sentence is otherwise 
 23.33  required by law or the Sentencing Guidelines provide for a 
 23.34  longer presumptive executed sentence, the court shall presume 
 23.35  that the minimum term of imprisonment imposed on an offender 
 23.36  convicted under subdivision 1, clause (a), (b), or (g), is the 
 24.1   presumptive executed sentence for the offense.  If the 
 24.2   Sentencing Guidelines presume a stayed sentence for the offense, 
 24.3   the minimum sentence shall be an executed sentence for the 
 24.4   duration of the presumptive stayed sentence.  Sentencing a 
 24.5   person in a manner other than that described in this paragraph 
 24.6   is a departure from the Sentencing Guidelines.  The specified 
 24.7   minimum term of imprisonment that must be served shall not be 
 24.8   less than three years. 
 24.9      Subd. 3.  [STAY.] Except when imprisonment is required 
 24.10  under section 609.109 establishes the minimum sentence for a 
 24.11  conviction under subdivision 1, if the court may stay imposition 
 24.12  or execution of sentence on a person who is convicted under 
 24.13  subdivision 1, clause (g), the court may stay imposition or 
 24.14  execution of the sentence if it finds that: 
 24.15     (a) a stay is in the best interest of the complainant or 
 24.16  the family unit; and 
 24.17     (b) a professional assessment indicates that the offender 
 24.18  has been accepted by and can respond to a treatment program. 
 24.19     If the court stays imposition or execution of sentence, it 
 24.20  shall include the following as conditions of probation: 
 24.21     (1) incarceration in a local jail or workhouse; 
 24.22     (2) a requirement that the offender complete a treatment 
 24.23  program; and 
 24.24     (3) a requirement that the offender have no unsupervised 
 24.25  contact with the complainant until the offender has successfully 
 24.26  completed the treatment program unless approved by the treatment 
 24.27  program and the supervising correctional agent.  
 24.28     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 24.29  and applies to crimes committed on or after that date. 
 24.30     Sec. 13.  Minnesota Statutes 2002, section 609.344, is 
 24.31  amended to read: 
 24.32     609.344 [CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.] 
 24.33     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 24.34  sexual penetration with another person is guilty of criminal 
 24.35  sexual conduct in the third degree if any of the following 
 24.36  circumstances exists:  
 25.1      (a) the complainant is under 13 years of age and the actor 
 25.2   is no more than 36 months older than the complainant.  Neither 
 25.3   mistake as to the complainant's age nor consent to the act by 
 25.4   the complainant shall be a defense; 
 25.5      (b) the complainant is at least 13 but less than 16 years 
 25.6   of age and the actor is more than 24 months older than the 
 25.7   complainant.  In any such case it shall be an affirmative 
 25.8   defense, which must be proved by a preponderance of the 
 25.9   evidence, that the actor believes the complainant to be 16 years 
 25.10  of age or older.  If the actor in such a case is no more than 48 
 25.11  months but more than 24 months older than the complainant, the 
 25.12  actor may be sentenced to imprisonment for not more than five 
 25.13  years.  Consent by the complainant is not a defense; 
 25.14     (c) the actor uses force or coercion to accomplish the 
 25.15  penetration; 
 25.16     (d) the actor knows or has reason to know that the 
 25.17  complainant is mentally impaired, mentally incapacitated, or 
 25.18  physically helpless; 
 25.19     (e) the complainant is at least 16 but less than 18 years 
 25.20  of age and the actor is more than 48 months older than the 
 25.21  complainant and in a position of authority over the complainant. 
 25.22  Neither mistake as to the complainant's age nor consent to the 
 25.23  act by the complainant is a defense; 
 25.24     (f) the actor has a significant relationship to the 
 25.25  complainant and the complainant was at least 16 but under 18 
 25.26  years of age at the time of the sexual penetration.  Neither 
 25.27  mistake as to the complainant's age nor consent to the act by 
 25.28  the complainant is a defense; 
 25.29     (g) the actor has a significant relationship to the 
 25.30  complainant, the complainant was at least 16 but under 18 years 
 25.31  of age at the time of the sexual penetration, and: 
 25.32     (i) the actor or an accomplice used force or coercion to 
 25.33  accomplish the penetration; 
 25.34     (ii) the complainant suffered personal injury; or 
 25.35     (iii) the sexual abuse involved multiple acts committed 
 25.36  over an extended period of time.  
 26.1      Neither mistake as to the complainant's age nor consent to 
 26.2   the act by the complainant is a defense; 
 26.3      (h) the actor is a psychotherapist and the complainant is a 
 26.4   patient of the psychotherapist and the sexual penetration 
 26.5   occurred: 
 26.6      (i) during the psychotherapy session; or 
 26.7      (ii) outside the psychotherapy session if an ongoing 
 26.8   psychotherapist-patient relationship exists.  
 26.9      Consent by the complainant is not a defense; 
 26.10     (i) the actor is a psychotherapist and the complainant is a 
 26.11  former patient of the psychotherapist and the former patient is 
 26.12  emotionally dependent upon the psychotherapist; 
 26.13     (j) the actor is a psychotherapist and the complainant is a 
 26.14  patient or former patient and the sexual penetration occurred by 
 26.15  means of therapeutic deception.  Consent by the complainant is 
 26.16  not a defense; 
 26.17     (k) the actor accomplishes the sexual penetration by means 
 26.18  of deception or false representation that the penetration is for 
 26.19  a bona fide medical purpose.  Consent by the complainant is not 
 26.20  a defense; 
 26.21     (1) the actor is or purports to be a member of the clergy, 
 26.22  the complainant is not married to the actor, and: 
 26.23     (i) the sexual penetration occurred during the course of a 
 26.24  meeting in which the complainant sought or received religious or 
 26.25  spiritual advice, aid, or comfort from the actor in private; or 
 26.26     (ii) the sexual penetration occurred during a period of 
 26.27  time in which the complainant was meeting on an ongoing basis 
 26.28  with the actor to seek or receive religious or spiritual advice, 
 26.29  aid, or comfort in private.  Consent by the complainant is not a 
 26.30  defense; 
 26.31     (m) the actor is an employee, independent contractor, or 
 26.32  volunteer of a state, county, city, or privately operated adult 
 26.33  or juvenile correctional system, including, but not limited to, 
 26.34  jails, prisons, detention centers, or work release facilities, 
 26.35  and the complainant is a resident of a facility or under 
 26.36  supervision of the correctional system.  Consent by the 
 27.1   complainant is not a defense; or 
 27.2      (n) the actor provides or is an agent of an entity that 
 27.3   provides special transportation service, the complainant used 
 27.4   the special transportation service, and the sexual penetration 
 27.5   occurred during or immediately before or after the actor 
 27.6   transported the complainant.  Consent by the complainant is not 
 27.7   a defense. 
 27.8      Subd. 2.  [PENALTY.] (a) A person convicted under 
 27.9   subdivision 1 may shall be sentenced to imprisonment for not 
 27.10  more than 15 years or to a payment of a fine of not more than 
 27.11  $30,000, or both for life.  
 27.12     (b) In addition to imposing the sentence of imprisonment 
 27.13  for life, the court shall, at the time of sentencing, specify 
 27.14  the minimum term of imprisonment that an offender must serve 
 27.15  before the offender may be considered for conditional release. 
 27.16     (c) Unless a longer mandatory minimum sentence is otherwise 
 27.17  required by law or the Sentencing Guidelines provide for a 
 27.18  longer presumptive executed sentence, the court shall presume 
 27.19  that the minimum term of imprisonment imposed on an offender 
 27.20  convicted under subdivision 1 is the presumptive executed 
 27.21  sentence for the offense.  If the Sentencing Guidelines presume 
 27.22  a stayed sentence for the offense, the minimum sentence shall be 
 27.23  an executed sentence for the duration of the presumptive stayed 
 27.24  sentence.  Sentencing a person in a manner other than that 
 27.25  described in this paragraph is a departure from the Sentencing 
 27.26  Guidelines.  The specified minimum term of imprisonment that 
 27.27  must be served shall not be less than two years.  The specified 
 27.28  minimum term of imprisonment for an offender convicted of an 
 27.29  attempted violation of subdivision 1 is one year and one day. 
 27.30     Subd. 3.  [STAY.] Except when imprisonment is required 
 27.31  under section 609.109 establishes the minimum sentence for a 
 27.32  conviction under subdivision 1, if the court may stay imposition 
 27.33  or execution of sentence on a person who is convicted under 
 27.34  subdivision 1, clause (f), the court may stay imposition or 
 27.35  execution of the sentence if it finds that: 
 27.36     (a) a stay is in the best interest of the complainant or 
 28.1   the family unit; and 
 28.2      (b) a professional assessment indicates that the offender 
 28.3   has been accepted by and can respond to a treatment program. 
 28.4      If the court stays imposition or execution of sentence, it 
 28.5   shall include the following as conditions of probation: 
 28.6      (1) incarceration in a local jail or workhouse; 
 28.7      (2) a requirement that the offender complete a treatment 
 28.8   program; and 
 28.9      (3) a requirement that the offender have no unsupervised 
 28.10  contact with the complainant until the offender has successfully 
 28.11  completed the treatment program unless approved by the treatment 
 28.12  program and the supervising correctional agent.  
 28.13     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 28.14  and applies to crimes committed on or after that date. 
 28.15     Sec. 14.  Minnesota Statutes 2002, section 609.345, is 
 28.16  amended to read: 
 28.17     609.345 [CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.] 
 28.18     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 28.19  sexual contact with another person is guilty of criminal sexual 
 28.20  conduct in the fourth degree if any of the following 
 28.21  circumstances exists: 
 28.22     (a) the complainant is under 13 years of age and the actor 
 28.23  is no more than 36 months older than the complainant.  Neither 
 28.24  mistake as to the complainant's age or consent to the act by the 
 28.25  complainant is a defense.  In a prosecution under this clause, 
 28.26  the state is not required to prove that the sexual contact was 
 28.27  coerced; 
 28.28     (b) the complainant is at least 13 but less than 16 years 
 28.29  of age and the actor is more than 48 months older than the 
 28.30  complainant or in a position of authority over the complainant.  
 28.31  Consent by the complainant to the act is not a defense.  In any 
 28.32  such case, it shall be an affirmative defense which must be 
 28.33  proved by a preponderance of the evidence that the actor 
 28.34  believes the complainant to be 16 years of age or older; 
 28.35     (c) the actor uses force or coercion to accomplish the 
 28.36  sexual contact; 
 29.1      (d) the actor knows or has reason to know that the 
 29.2   complainant is mentally impaired, mentally incapacitated, or 
 29.3   physically helpless; 
 29.4      (e) the complainant is at least 16 but less than 18 years 
 29.5   of age and the actor is more than 48 months older than the 
 29.6   complainant and in a position of authority over the complainant. 
 29.7   Neither mistake as to the complainant's age nor consent to the 
 29.8   act by the complainant is a defense; 
 29.9      (f) the actor has a significant relationship to the 
 29.10  complainant and the complainant was at least 16 but under 18 
 29.11  years of age at the time of the sexual contact.  Neither mistake 
 29.12  as to the complainant's age nor consent to the act by the 
 29.13  complainant is a defense; 
 29.14     (g) the actor has a significant relationship to the 
 29.15  complainant, the complainant was at least 16 but under 18 years 
 29.16  of age at the time of the sexual contact, and: 
 29.17     (i) the actor or an accomplice used force or coercion to 
 29.18  accomplish the contact; 
 29.19     (ii) the complainant suffered personal injury; or 
 29.20     (iii) the sexual abuse involved multiple acts committed 
 29.21  over an extended period of time.  
 29.22     Neither mistake as to the complainant's age nor consent to 
 29.23  the act by the complainant is a defense; 
 29.24     (h) the actor is a psychotherapist and the complainant is a 
 29.25  patient of the psychotherapist and the sexual contact occurred: 
 29.26     (i) during the psychotherapy session; or 
 29.27     (ii) outside the psychotherapy session if an ongoing 
 29.28  psychotherapist-patient relationship exists.  Consent by the 
 29.29  complainant is not a defense; 
 29.30     (i) the actor is a psychotherapist and the complainant is a 
 29.31  former patient of the psychotherapist and the former patient is 
 29.32  emotionally dependent upon the psychotherapist; 
 29.33     (j) the actor is a psychotherapist and the complainant is a 
 29.34  patient or former patient and the sexual contact occurred by 
 29.35  means of therapeutic deception.  Consent by the complainant is 
 29.36  not a defense; 
 30.1      (k) the actor accomplishes the sexual contact by means of 
 30.2   deception or false representation that the contact is for a bona 
 30.3   fide medical purpose.  Consent by the complainant is not a 
 30.4   defense; 
 30.5      (1) the actor is or purports to be a member of the clergy, 
 30.6   the complainant is not married to the actor, and: 
 30.7      (i) the sexual contact occurred during the course of a 
 30.8   meeting in which the complainant sought or received religious or 
 30.9   spiritual advice, aid, or comfort from the actor in private; or 
 30.10     (ii) the sexual contact occurred during a period of time in 
 30.11  which the complainant was meeting on an ongoing basis with the 
 30.12  actor to seek or receive religious or spiritual advice, aid, or 
 30.13  comfort in private.  Consent by the complainant is not a 
 30.14  defense; 
 30.15     (m) the actor is an employee, independent contractor, or 
 30.16  volunteer of a state, county, city, or privately operated adult 
 30.17  or juvenile correctional system, including, but not limited to, 
 30.18  jails, prisons, detention centers, or work release facilities, 
 30.19  and the complainant is a resident of a facility or under 
 30.20  supervision of the correctional system.  Consent by the 
 30.21  complainant is not a defense; or 
 30.22     (n) the actor provides or is an agent of an entity that 
 30.23  provides special transportation service, the complainant used 
 30.24  the special transportation service, the complainant is not 
 30.25  married to the actor, and the sexual contact occurred during or 
 30.26  immediately before or after the actor transported the 
 30.27  complainant.  Consent by the complainant is not a defense. 
 30.28     Subd. 2.  [PENALTY.] (a) A person convicted under 
 30.29  subdivision 1 may shall be sentenced to imprisonment for not 
 30.30  more than ten years or to a payment of a fine of not more than 
 30.31  $20,000, or both life.  
 30.32     (b) In addition to imposing the sentence of imprisonment 
 30.33  for life, the court shall, at the time of sentencing, specify 
 30.34  the minimum term of imprisonment that an offender must serve 
 30.35  before the offender may be considered for conditional release. 
 30.36     (c) Unless a longer mandatory minimum sentence is otherwise 
 31.1   required by law or the Sentencing Guidelines provide for a 
 31.2   longer presumptive executed sentence, the court shall presume 
 31.3   that the minimum term of imprisonment imposed on an offender 
 31.4   convicted under subdivision 1 is the presumptive executed 
 31.5   sentence for the offense.  If the Sentencing Guidelines presume 
 31.6   a stayed sentence for the offense, the minimum sentence shall be 
 31.7   an executed sentence for the duration of the presumptive stayed 
 31.8   sentence.  Sentencing a person in a manner other than that 
 31.9   described in this paragraph is a departure from the Sentencing 
 31.10  Guidelines.  The specified minimum term of imprisonment that 
 31.11  must be served shall not be less than two years.  The specified 
 31.12  minimum term of imprisonment for an offender convicted of an 
 31.13  attempted violation of subdivision 1 is one year and one day. 
 31.14     Subd. 3.  [STAY.] Except when imprisonment is required 
 31.15  under section 609.109 establishes the minimum sentence for a 
 31.16  conviction under subdivision 1, if the court may stay imposition 
 31.17  or execution of sentence on a person who is convicted under 
 31.18  subdivision 1, clause (f), the court may stay imposition or 
 31.19  execution of the sentence if it finds that: 
 31.20     (a) a stay is in the best interest of the complainant or 
 31.21  the family unit; and 
 31.22     (b) a professional assessment indicates that the offender 
 31.23  has been accepted by and can respond to a treatment program. 
 31.24     If the court stays imposition or execution of sentence, it 
 31.25  shall include the following as conditions of probation: 
 31.26     (1) incarceration in a local jail or workhouse; 
 31.27     (2) a requirement that the offender complete a treatment 
 31.28  program; and 
 31.29     (3) a requirement that the offender have no unsupervised 
 31.30  contact with the complainant until the offender has successfully 
 31.31  completed the treatment program unless approved by the treatment 
 31.32  program and the supervising correctional agent. 
 31.33     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 31.34  and applies to crimes committed on or after that date. 
 31.35     Sec. 15.  Minnesota Statutes 2002, section 609.3452, 
 31.36  subdivision 4, is amended to read: 
 32.1      Subd. 4.  [DEFINITION.] As used in this section, "sex 
 32.2   offense" means a violation of section 609.342; 609.343; 609.344; 
 32.3   609.345; 609.3451; 609.3455; 609.746, subdivision 1; 609.79; or 
 32.4   617.23; or another offense arising out of a charge based on one 
 32.5   or more of those sections. 
 32.6      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 32.7   and applies to crimes committed on or after that date. 
 32.8      Sec. 16.  [609.3455] [CRIMINAL SEXUALLY MOTIVATED PREDATORY 
 32.9   CONDUCT.] 
 32.10     Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
 32.11  criminal sexually motivated predatory conduct if the person 
 32.12  commits a predatory crime, as defined in section 609.341, 
 32.13  subdivision 23, and the predatory crime was motivated by the 
 32.14  offender's sexual impulses or was part of a predatory pattern of 
 32.15  behavior that had criminal sexual conduct as its goal. 
 32.16     Subd. 2.  [PENALTY.] (a) A person convicted under 
 32.17  subdivision 1 shall be sentenced to imprisonment for life. 
 32.18     (b) In addition to imposing the sentence of imprisonment 
 32.19  for life, the court shall, at the time of sentencing, specify 
 32.20  the minimum term of imprisonment that an offender must serve 
 32.21  before the offender may be considered for conditional release. 
 32.22     (c) Unless a longer mandatory minimum sentence is otherwise 
 32.23  required by law or the Sentencing Guidelines provide for a 
 32.24  longer presumptive executed sentence, the court shall presume 
 32.25  that the minimum sentence for an offender convicted under 
 32.26  subdivision 1 is the presumptive executed sentence for the 
 32.27  predatory crime increased in duration to 1-1/2 times the 
 32.28  presumptive duration of the sentence.  If the Sentencing 
 32.29  Guidelines presume a stayed sentence for the offense, the 
 32.30  minimum sentence shall be an executed sentence for the duration 
 32.31  of the presumptive stayed sentence for the predatory crime 
 32.32  increased in duration to 1-1/2 times the presumptive duration of 
 32.33  the sentence.  Sentencing a person in a manner other than that 
 32.34  described in this paragraph is a departure from the Sentencing 
 32.35  Guidelines.  The specified minimum term of imprisonment that 
 32.36  must be served shall not be less than three years. 
 33.1      [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 33.2   and applies to crimes committed on or after that date. 
 33.3      Sec. 17.  Minnesota Statutes 2002, section 609.347, is 
 33.4   amended to read: 
 33.5      609.347 [EVIDENCE.] 
 33.6      Subdivision 1.  In a prosecution under sections 609.109 or 
 33.7   609.342 to 609.3451 or 609.3455, the testimony of a victim need 
 33.8   not be corroborated. 
 33.9      Subd. 2.  In a prosecution under sections 609.109 or 
 33.10  609.342 to 609.3451 or 609.3455, there is no need to show that 
 33.11  the victim resisted the accused.  
 33.12     Subd. 3.  In a prosecution under sections 609.109, 609.342 
 33.13  to 609.3451, 609.3455, or 609.365, evidence of the victim's 
 33.14  previous sexual conduct shall not be admitted nor shall any 
 33.15  reference to such conduct be made in the presence of the jury, 
 33.16  except by court order under the procedure provided in 
 33.17  subdivision 4.  The evidence can be admitted only if the 
 33.18  probative value of the evidence is not substantially outweighed 
 33.19  by its inflammatory or prejudicial nature and only in the 
 33.20  circumstances set out in paragraphs (a) and (b).  For the 
 33.21  evidence to be admissible under paragraph (a), subsection (i), 
 33.22  the judge must find by a preponderance of the evidence that the 
 33.23  facts set out in the accused's offer of proof are true.  For the 
 33.24  evidence to be admissible under paragraph (a), subsection (ii) 
 33.25  or paragraph (b), the judge must find that the evidence is 
 33.26  sufficient to support a finding that the facts set out in the 
 33.27  accused's offer of proof are true, as provided under Rule 901 of 
 33.28  the Rules of Evidence. 
 33.29     (a) When consent of the victim is a defense in the case, 
 33.30  the following evidence is admissible: 
 33.31     (i) evidence of the victim's previous sexual conduct 
 33.32  tending to establish a common scheme or plan of similar sexual 
 33.33  conduct under circumstances similar to the case at issue.  In 
 33.34  order to find a common scheme or plan, the judge must find that 
 33.35  the victim made prior allegations of sexual assault which were 
 33.36  fabricated; and 
 34.1      (ii) evidence of the victim's previous sexual conduct with 
 34.2   the accused.  
 34.3      (b) When the prosecution's case includes evidence of semen, 
 34.4   pregnancy, or disease at the time of the incident or, in the 
 34.5   case of pregnancy, between the time of the incident and trial, 
 34.6   evidence of specific instances of the victim's previous sexual 
 34.7   conduct is admissible solely to show the source of the semen, 
 34.8   pregnancy, or disease. 
 34.9      Subd. 4.  The accused may not offer evidence described in 
 34.10  subdivision 3 except pursuant to the following procedure: 
 34.11     (a) A motion shall be made by the accused at least three 
 34.12  business days prior to trial, unless later for good cause shown, 
 34.13  setting out with particularity the offer of proof of the 
 34.14  evidence that the accused intends to offer, relative to the 
 34.15  previous sexual conduct of the victim; 
 34.16     (b) If the court deems the offer of proof sufficient, the 
 34.17  court shall order a hearing out of the presence of the jury, if 
 34.18  any, and in such hearing shall allow the accused to make a full 
 34.19  presentation of the offer of proof; 
 34.20     (c) At the conclusion of the hearing, if the court finds 
 34.21  that the evidence proposed to be offered by the accused 
 34.22  regarding the previous sexual conduct of the victim is 
 34.23  admissible under subdivision 3 and that its probative value is 
 34.24  not substantially outweighed by its inflammatory or prejudicial 
 34.25  nature, the court shall make an order stating the extent to 
 34.26  which evidence is admissible.  The accused may then offer 
 34.27  evidence pursuant to the order of the court; 
 34.28     (d) If new information is discovered after the date of the 
 34.29  hearing or during the course of trial, which may make evidence 
 34.30  described in subdivision 3 admissible, the accused may make an 
 34.31  offer of proof pursuant to clause (a) and the court shall order 
 34.32  an in camera hearing to determine whether the proposed evidence 
 34.33  is admissible by the standards herein.  
 34.34     Subd. 5.  In a prosecution under sections 609.109 or 
 34.35  609.342 to 609.3451 or 609.3455, the court shall not instruct 
 34.36  the jury to the effect that: 
 35.1      (a) It may be inferred that a victim who has previously 
 35.2   consented to sexual intercourse with persons other than the 
 35.3   accused would be therefore more likely to consent to sexual 
 35.4   intercourse again; or 
 35.5      (b) The victim's previous or subsequent sexual conduct in 
 35.6   and of itself may be considered in determining the credibility 
 35.7   of the victim; or 
 35.8      (c) Criminal sexual conduct is a crime easily charged by a 
 35.9   victim but very difficult to disprove by an accused because of 
 35.10  the heinous nature of the crime; or 
 35.11     (d) The jury should scrutinize the testimony of the victim 
 35.12  any more closely than it should scrutinize the testimony of any 
 35.13  witness in any felony prosecution.  
 35.14     Subd. 6.  (a) In a prosecution under sections 609.109 or 
 35.15  609.342 to 609.3451 or 609.3455, involving a psychotherapist and 
 35.16  patient, evidence of the patient's personal or medical history 
 35.17  is not admissible except when:  
 35.18     (1) the accused requests a hearing at least three business 
 35.19  days prior to trial and makes an offer of proof of the relevancy 
 35.20  of the history; and 
 35.21     (2) the court finds that the history is relevant and that 
 35.22  the probative value of the history outweighs its prejudicial 
 35.23  value.  
 35.24     (b) The court shall allow the admission only of specific 
 35.25  information or examples of conduct of the victim that are 
 35.26  determined by the court to be relevant.  The court's order shall 
 35.27  detail the information or conduct that is admissible and no 
 35.28  other evidence of the history may be introduced. 
 35.29     (c) Violation of the terms of the order is grounds for 
 35.30  mistrial but does not prevent the retrial of the accused.  
 35.31     Subd. 7.  [EFFECT OF STATUTE ON RULES.] Rule 412 of the 
 35.32  Rules of Evidence is superseded to the extent of its conflict 
 35.33  with this section. 
 35.34     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 35.35  and applies to crimes committed on or after that date. 
 35.36     Sec. 18.  Minnesota Statutes 2002, section 609.3471, is 
 36.1   amended to read: 
 36.2      609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY 
 36.3   CONFIDENTIAL.] 
 36.4      Notwithstanding any provision of law to the contrary, no 
 36.5   data contained in records or reports relating to petitions, 
 36.6   complaints, or indictments issued pursuant to section 609.342; 
 36.7   609.343; 609.344; or 609.345; or 609.3455 which specifically 
 36.8   identifies a victim who is a minor shall be accessible to the 
 36.9   public, except by order of the court.  Nothing in this section 
 36.10  authorizes denial of access to any other data contained in the 
 36.11  records or reports, including the identity of the defendant. 
 36.12     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 36.13  and applies to crimes committed on or after that date. 
 36.14     Sec. 19.  Minnesota Statutes 2002, section 609.348, is 
 36.15  amended to read: 
 36.16     609.348 [MEDICAL PURPOSES; EXCLUSION.] 
 36.17     Sections 609.109 and 609.342 to 609.3451 and 609.3455 do 
 36.18  not apply to sexual penetration or sexual contact when done for 
 36.19  a bona fide medical purpose. 
 36.20     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 36.21  and applies to crimes committed on or after that date. 
 36.22     Sec. 20.  Minnesota Statutes 2002, section 609.353, is 
 36.23  amended to read: 
 36.24     609.353 [JURISDICTION.] 
 36.25     A violation or attempted violation of section 609.342, 
 36.26  609.343, 609.344, 609.345, 609.3451, 609.3455, or 609.352 may be 
 36.27  prosecuted in any jurisdiction in which the violation originates 
 36.28  or terminates. 
 36.29     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 36.30  and applies to crimes committed on or after that date. 
 36.31     Sec. 21.  [DIRECTION TO COMMISSIONER OF CORRECTIONS.] 
 36.32     (a) The commissioner of corrections shall establish 
 36.33  criteria and procedures to use in making release decisions 
 36.34  regarding offenders sentenced under Minnesota Statutes, sections 
 36.35  609.342 to 609.345 and 609.3455, including the frequency with 
 36.36  which an offender may seek review of a release decision.  The 
 37.1   commissioner of corrections also shall develop recommendations 
 37.2   for the membership and operation of the Sex Offender Review 
 37.3   Board that will make decisions regarding the release of sex 
 37.4   offenders from a state correctional facility after serving a 
 37.5   minimum term of imprisonment. 
 37.6      (b) In establishing criteria and procedures and in making 
 37.7   recommendations on the Sex Offender Review Board, the 
 37.8   commissioner of corrections shall seek the input of the 
 37.9   End-Of-Confinement Review Committee at each state correctional 
 37.10  facility and at each state treatment facility where predatory 
 37.11  offenders are confined, as described in Minnesota Statutes, 
 37.12  section 244.052, subdivision 3.  The commissioner of corrections 
 37.13  also shall seek input from: 
 37.14     (1) the commissioner of human services, or a designee; 
 37.15     (2) the commissioner of public safety, or a designee; 
 37.16     (3) the director of the Minnesota Sex Offender Treatment 
 37.17  Program, or a designee; 
 37.18     (4) the chair of the Minnesota Crime Victim and Witness 
 37.19  Advisory Council, or a designee; 
 37.20     (5) the Minnesota Attorney General, or a designee; 
 37.21     (6) a district court judge or a designee; 
 37.22     (7) the executive director of the Minnesota Sentencing 
 37.23  Guidelines Commission, or a designee; 
 37.24     (8) the executive director of the Minnesota County 
 37.25  Attorneys Association, or a designee; 
 37.26     (9) the director of the Minnesota Police and Peace Officers 
 37.27  Association, or a designee; 
 37.28     (10) a representative of the Minnesota Sheriffs' 
 37.29  Association, or a designee; 
 37.30     (11) a representative of probation officers employed by the 
 37.31  Department of Corrections and a representative of probation 
 37.32  officers in Community Corrections Act counties and county 
 37.33  probation officer counties; and 
 37.34     (12) health care professionals experienced in assessing and 
 37.35  counseling sex offenders. 
 37.36     (c) The commissioner of corrections shall establish 
 38.1   criteria and procedures to govern the review and release of sex 
 38.2   offenders subject to indeterminate sentences by November 15, 
 38.3   2004.  These criteria and procedures will become effective on 
 38.4   August 1, 2005, unless the legislature takes action before that 
 38.5   time to accept, modify, or reject the criteria and procedures. 
 38.6   The commissioner of corrections shall continue to review 
 38.7   sentences of offenders subject to indeterminate sentences under 
 38.8   Minnesota Statutes, section 244.05, subdivision 5, until these 
 38.9   criteria and procedures become effective and the Sex Offender 
 38.10  Review Board is established. 
 38.11     (d) By November 15, 2004, the commissioner of corrections 
 38.12  shall provide the legislature with written criteria and 
 38.13  procedures to govern the review and release of sex offenders 
 38.14  subject to indeterminate sentences.  The commissioner also shall 
 38.15  report to the legislature on recommendations on the membership 
 38.16  and operation of the Sex Offender Review Board, along with a 
 38.17  summary of the reasons supporting those recommendations.  The 
 38.18  report also shall summarize the input collected under paragraph 
 38.19  (b).  
 38.20     [EFFECTIVE DATE.] This section is effective the day 
 38.21  following final enactment.  
 38.22     Sec. 22.  [REVISOR INSTRUCTION.] 
 38.23     Except for Minnesota Statutes, section 609.108, the revisor 
 38.24  of statutes shall remove references to Minnesota Statutes, 
 38.25  section 609.108, in Minnesota Statutes, wherever they appear, 
 38.26  and replace them with references to Minnesota Statutes, section 
 38.27  609.3455, in proper sequential order.  The revisor also shall 
 38.28  make all necessary subdivision changes and language changes to 
 38.29  conform references to Minnesota Statutes, section 609.108, in 
 38.30  Minnesota Statutes to refer appropriately to Minnesota Statutes, 
 38.31  section 609.3455. 
 38.32     [EFFECTIVE DATE.] This section is effective August 1, 2004. 
 38.33     Sec. 23.  [REPEALER.] 
 38.34     Minnesota Statutes 2002, section 609.108, subdivisions 2, 
 38.35  3, 6, and 7, are repealed. 
 38.36     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 39.1   and applies to crimes committed on or after that date.