SF 1875

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; requiring indeterminate
life sentences for certain egregious first degree
criminal sexual conduct offenses and certain repeat
sex offenses; creating the crime of criminal sexual
predatory conduct; modifying the patterned sex
offender sentencing law; increasing conditional
release periods for sex offenders and providing for
intensive supervision for these offenders; requiring
predatory offender registration for offenders without
primary addresses; providing for community
notification for out-of-state offenders; changing
other provisions of the predatory offender
registration and community notification laws;
authorizing the use of polygraphs for sex offenders
under community supervision and providing for a
protocol on their use; implementing the
recommendations of the legislative auditor regarding
sex offender supervision; making necessary technical
and conforming statutory changes; requiring reports;
providing criminal penalties; amending Minnesota
Statutes 2004, sections 14.03, subdivision 3; 241.06;
241.67, subdivisions 7, 8; 243.166; 243.167; 244.04,
subdivision 1; 244.05, subdivisions 2, 4, 5, 6, 7;
244.052, subdivisions 3, 4, by adding a subdivision;
244.10, subdivision 2a; 253B.18, subdivision 5, by
adding a subdivision; 609.108, subdivisions 1, 3, 4,
6; 609.109, subdivisions 2, 5; 609.117, subdivisions
1, 2; 609.1351; 609.341, by adding a subdivision;
609.342, subdivisions 2, 3; 609.343, subdivisions 2,
3; 609.344, subdivisions 2, 3; 609.345, subdivisions
2, 3; 609.3452, subdivision 1; 609.347; 609.3471;
609.348; 609.353; 626.556, subdivision 3; 631.045;
proposing coding for new law in Minnesota Statutes,
chapters 243; 244; 609; repealing Minnesota Statutes
2004, sections 243.166, subdivisions 1, 8; 609.108,
subdivision 2; 609.109, subdivision 7.

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

ARTICLE 1

SEX OFFENDERS:
MANDATORY LIFE SENTENCES FOR CERTAIN EGREGIOUS AND
REPEAT SEX OFFENSES; CONDITIONAL RELEASE;
OTHER SENTENCING CHANGES

Section 1. new text begin LEGISLATIVE FINDINGS AND INTENT.
new text end

new text begin The legislature finds that sex offenders pose a significant
public safety threat. Based upon the harm they cause to their
victims and the community, psychological factors unique to their
makeup, and their future dangerousness, these types of offenders
merit long-term supervision and treatment more so than do other
types of criminal offenders. The legislature further finds that
this type of supervision and treatment is best provided in a
correctional setting and that the costs associated with this are
an appropriate use of state resources.
new text end

new text begin It is the legislature's intent in enacting this act to
provide a flexible approach that allows dangerous sex offenders
to be incarcerated and supervised for longer periods of time
than is currently possible. The legislature specifically
intends that a sex offender's future dangerousness be taken into
consideration when making sentencing and release decisions
concerning the offender.
new text end

Sec. 2.

Minnesota Statutes 2004, section 244.04,
subdivision 1, is amended to read:

Subdivision 1.

Reduction of sentence; inmates sentenced
for crimes committed before 1993.

Notwithstanding the
provisions of section 609.11, subdivision 6, and section
609.109, subdivision 1, the term of imprisonment of any inmate
sentenced to a presumptive fixed sentence after May 1, 1980, and
whose crime was committed before August 1, 1993, shall be
reduced in duration by one day for each two days during which
the inmate violates none of the disciplinary offense rules
promulgated by the commissioner. The reduction shall accrue to
the period of supervised release to be served by the inmate,
except that the period of supervised release for a sex offender
deleted text begin sentenced and deleted text end conditionally released by the commissioner under
section deleted text begin 609.108, subdivision 5, deleted text end new text begin 609.3455 new text end is governed by that
provision.

Except as otherwise provided in subdivision 2, if an inmate
whose crime was committed before August 1, 1993, violates a
disciplinary offense rule promulgated by the commissioner, good
time earned prior to the violation may not be taken away, but
the inmate may be required to serve an appropriate portion of
the term of imprisonment after the violation without earning
good time.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 3.

Minnesota Statutes 2004, section 244.05,
subdivision 2, is amended to read:

Subd. 2.

Rules.

The commissioner of corrections shall
adopt by rule standards and procedures for the revocation of
supervised new text begin or conditional new text end release, and shall specify the period
of revocation for each violation of deleted text begin supervised deleted text end release.
Procedures for the revocation of deleted text begin supervised deleted text end release shall
provide due process of law for the inmate.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 244.05,
subdivision 4, is amended to read:

Subd. 4.

Minimum imprisonment, life sentence.

An inmate
serving a mandatory life sentence under section 609.106 must not
be given supervised release under this section. An inmate
serving a mandatory life sentence under section 609.185, clause
(1), (3), (5), or (6); or 609.109, subdivision deleted text begin 2a deleted text end new text begin 3 new text end , must not be
given supervised release under this section without having
served a minimum term of 30 years. An inmate serving a
mandatory life sentence under section 609.385 must not be given
supervised release under this section without having served a
minimum term of imprisonment of 17 years. new text begin An inmate serving a
mandatory life sentence under section 609.342, subdivision 2,
paragraph (b), or 609.3455 must not be given supervised release
under this section without having served the minimum term of
imprisonment specified by the court in its sentence.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 244.05,
subdivision 5, is amended to read:

Subd. 5.

Supervised release, life sentence.

(a) The
commissioner of corrections may, under rules promulgated by the
commissioner, give supervised release to an inmate serving a
mandatory life sentence under section 609.185, clause (1), (3),
(5), or (6); 609.109, subdivision deleted text begin 2a deleted text end new text begin 3 new text end ; new text begin 609.342, subdivision 2,
paragraph (b); 609.3455; new text end or 609.385 after the inmate has served
the minimum term of imprisonment specified in subdivision 4.

(b) The commissioner shall require the preparation of a
community investigation report and shall consider the findings
of the report when making a supervised release decision under
this subdivision. The report shall reflect the sentiment of the
various elements of the community toward the inmate, both at the
time of the offense and at the present time. The report shall
include the views of the sentencing judge, the prosecutor, any
law enforcement personnel who may have been involved in the
case, and any successors to these individuals who may have
information relevant to the supervised release decision. The
report shall also include the views of the victim and the
victim's family unless the victim or the victim's family chooses
not to participate.

(c) The commissioner shall make reasonable efforts to
notify the victim, in advance, of the time and place of the
inmate's supervised release review hearing. The victim has a
right to submit an oral or written statement at the review
hearing. The statement may summarize the harm suffered by the
victim as a result of the crime and give the victim's
recommendation on whether the inmate should be given supervised
release at this time. The commissioner must consider the
victim's statement when making the supervised release decision.

(d) new text begin When considering whether to give supervised release to
an inmate serving a life sentence under section 609.342,
subdivision 2, paragraph (b), or 609.3455, the commissioner
shall consider, at a minimum, the following: the risk the
inmate poses to the community if released, the inmate's progress
in treatment, the inmate's behavior while incarcerated,
psychological or other diagnostic evaluations of the inmate, the
inmate's criminal history, and any other relevant conduct of the
inmate while incarcerated or before incarceration. However, the
commissioner may not give supervised release to the inmate
unless:
new text end

new text begin (1) while in prison, the inmate has successfully completed
appropriate sex offender treatment;
new text end

new text begin (2) while in prison, the inmate has been assessed for
chemical dependency needs and, if appropriate, has successfully
completed chemical dependency treatment;
new text end

new text begin (3) while in prison, the inmate has been assessed for
mental health needs and, if appropriate, has successfully
completed mental health treatment; and
new text end

new text begin (4) a comprehensive individual release plan is in place for
the inmate that ensures that, after release, the inmate will
have suitable housing and receive appropriate aftercare and
community-based treatment, and includes a postprison employment
or education plan for the inmate.
new text end

new text begin (e) new text end As used in this subdivision, "victim" means the
individual who suffered harm as a result of the inmate's crime
or, if the individual is deceased, the deceased's surviving
spouse or next of kin.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 244.05,
subdivision 6, is amended to read:

Subd. 6.

Intensive supervised release.

The commissioner
may order that an inmate be placed on intensive supervised
release for all or part of the inmate's supervised release or
parole term if the commissioner determines that the action will
further the goals described in section 244.14, subdivision 1,
clauses (2), (3), and (4). deleted text begin In addition, the commissioner may
order that an inmate be placed on intensive supervised release
for all of the inmate's conditional or supervised release term
if the inmate was convicted of a sex offense under sections
609.342 to 609.345 or was sentenced under the provisions of
section 609.108. deleted text end The commissioner may impose appropriate
conditions of release on the inmate including but not limited to
unannounced searches of the inmate's person, vehicle, or
premises by an intensive supervision agent; compliance with
court-ordered restitution, if any; random drug testing; house
arrest; daily curfews; frequent face-to-face contacts with an
assigned intensive supervision agent; work, education, or
treatment requirements; and electronic surveillance. deleted text begin In
addition, any sex offender placed on intensive supervised
release may be ordered to participate in an appropriate sex
offender program as a condition of release. deleted text end If the inmate
violates the conditions of the intensive supervised release, the
commissioner shall impose sanctions as provided in subdivision 3
deleted text begin and section 609.108 deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 609.108,
subdivision 1, is amended to read:

Subdivision 1.

Mandatory increased sentence.

deleted text begin (a) deleted text end A court
shall commit a person to the commissioner of corrections for a
period of time that is not less than double the presumptive
sentence under the Sentencing Guidelines and not more than the
statutory maximum, or if the statutory maximum is less than
double the presumptive sentence, for a period of time that is
equal to the statutory maximum, if:

(1) the court is imposing an executed sentence deleted text begin , based on a
Sentencing Guidelines presumptive imprisonment sentence or a
dispositional departure for aggravating circumstances or a
mandatory minimum sentence, deleted text end on a person convicted of committing
or attempting to commit a violation of section 609.342, 609.343,
609.344, deleted text begin or deleted text end 609.345, or deleted text begin on a person convicted of committing or
attempting to commit any other crime listed in subdivision 3 if
it reasonably appears to the court that the crime was motivated
by the offender's sexual impulses or was part of a predatory
pattern of behavior that had criminal sexual conduct as its goal
deleted text end new text begin 609.3453 new text end ;

(2) the deleted text begin court finds deleted text end new text begin fact finder determines new text end that the
offender is a danger to public safety; and

(3) the deleted text begin court finds deleted text end new text begin fact finder determines new text end that the
deleted text begin offender needs long-term treatment or supervision deleted text end new text begin offender's
criminal sexual behavior is so engrained that the risk of
reoffending is great without intensive psychotherapeutic
intervention or other long-term treatment or supervision
extending new text end beyond the presumptive term of imprisonment and
supervised release. deleted text begin The finding must be based on a professional
assessment by an examiner experienced in evaluating sex
offenders that concludes that the offender is a patterned sex
offender. The assessment must contain the facts upon which the
conclusion is based, with reference to the offense history of
the offender or the severity of the current offense, the social
history of the offender, and the results of an examination of
the offender's mental status unless the offender refuses to be
examined. The conclusion may not be based on testing alone. A
patterned sex offender is one whose criminal sexual behavior is
so engrained that the risk of reoffending is great without
intensive psychotherapeutic intervention or other long-term
controls.
deleted text end

deleted text begin (b) The court shall consider imposing a sentence under this
section whenever a person is convicted of violating section
609.342 or 609.343.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 609.108,
subdivision 3, is amended to read:

Subd. 3.

Predatory crime.

deleted text begin A predatory crime is a felony
violation of section 609.185, 609.19, 609.195, 609.20, 609.205,
609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255,
609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561,
or 609.582, subdivision 1. deleted text end new text begin As used in this section, "predatory
crime" has the meaning given in section 609.341, subdivision 22.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2004, section 609.108,
subdivision 4, is amended to read:

Subd. 4.

Danger to public safety.

The deleted text begin court shall base
its finding deleted text end new text begin fact finder shall base its determination new text end that the
offender is a danger to public safety on any of the following
factors:

(1) the crime involved an aggravating factor that would
justify a durational departure from the presumptive sentence
under the Sentencing Guidelines;

(2) the offender previously committed or attempted to
commit a predatory crime or a violation of section 609.224 or
609.2242, including:

(i) an offense committed as a juvenile that would have been
a predatory crime or a violation of section 609.224 or 609.2242
if committed by an adult; or

(ii) a violation or attempted violation of a similar law of
any other state or the United States; or

(3) the offender planned or prepared for the crime prior to
its commission.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609.108,
subdivision 6, is amended to read:

Subd. 6.

Conditional release.

At the time of sentencing
under subdivision 1, the court shall provide that after the
offender has completed the sentence imposed, less any good time
earned by an offender whose crime was committed before August 1,
1993, the commissioner of corrections shall place the offender
on conditional release for the remainder of the statutory
maximum period, or for ten years, whichever is longer. new text begin The
terms of conditional release are governed by section 609.3455.
new text end

deleted text begin The conditions of release may include successful completion
of treatment and aftercare in a program approved by the
commissioner, satisfaction of the release conditions specified
in section 244.05, subdivision 6, and any other conditions the
commissioner considers appropriate. Before the offender is
released, the commissioner shall notify the sentencing court,
the prosecutor in the jurisdiction where the offender was
sentenced, and the victim of the offender's crime, where
available, of the terms of the offender's conditional release.
If the offender fails to meet any condition of release, the
commissioner may revoke the offender's conditional release and
order that the offender serve all or a part of the remaining
portion of the conditional release term in prison. The
commissioner shall not dismiss the offender from supervision
before the conditional release term expires.
deleted text end

deleted text begin Conditional release granted under this subdivision is
governed by provisions relating to supervised release, except as
otherwise provided in this subdivision, section 244.04,
subdivision 1, or 244.05.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2004, section 609.341, is
amended by adding a subdivision to read:

new text begin Subd. 22. new text end

new text begin Predatory crime. new text end

new text begin "Predatory crime" means a
felony violation of section 609.185, 609.19, 609.195, 609.20,
609.205, 609.221, 609.222, 609.223, 609.24, 609.245, 609.25,
609.255, 609.498, 609.561, or 609.582, subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2004, section 609.342,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

(a) Except as otherwise provided
in new text begin paragraph (b); new text end section 609.109 new text begin ; or 609.3455 new text end , a person
convicted under subdivision 1 may be sentenced to imprisonment
for not more than 30 years deleted text begin or to a payment of a fine of not more
than $40,000, or both deleted text end .

deleted text begin (b) deleted text end Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a
longer presumptive executed sentence, the court shall presume
that an executed sentence of 144 months must be imposed on an
offender convicted of violating this section. Sentencing a
person in a manner other than that described in this paragraph
is a departure from the Sentencing Guidelines.

new text begin (b) The court shall sentence a person to imprisonment for
life if the person is convicted under subdivision 1, clause (c),
(d), (e), (f), or (h), and the fact finder determines beyond a
reasonable doubt that any of the following circumstances exist:
new text end

new text begin (1) the offender tortured the complainant;
new text end

new text begin (2) the offender intentionally inflicted great bodily harm
upon the complainant;
new text end

new text begin (3) the offender intentionally mutilated the complainant;
or
new text end

new text begin (4) the offender exposed the complainant to extreme
inhumane conditions.
new text end

new text begin When sentencing an offender under this paragraph, the court
shall specify a minimum term of imprisonment, based on the
sentencing guidelines or any applicable mandatory minimum
sentence, that must be served before the offender may be
considered for supervised release.
new text end

new text begin (c) As used in this subdivision:
new text end

new text begin (1) "extreme inhumane conditions" means situations where,
either before or after the sexual penetration, the offender
knowingly causes or permits the complainant to be placed in a
situation likely to cause the complainant severe ongoing mental,
emotional, or psychological harm, or causes the complainant's
death;
new text end

new text begin (2) "mutilation" means the intentional infliction of
physical abuse designed to cause serious permanent disfigurement
or permanent or protracted loss or impairment of the functions
of any bodily member or organ, where the offender relishes the
infliction of the abuse, evidencing debasement or perversion;
and
new text end

new text begin (3) "torture" means the intentional infliction of extreme
mental anguish, or extreme psychological or physical abuse, when
committed in an especially depraved manner.
new text end

new text begin (d) In addition to the sentence imposed under paragraph (a)
or (b), the person may also be sentenced to the payment of a
fine of not more than $40,000.
new text end

new text begin (e) Notwithstanding the statutory maximum sentence
described in paragraph (a) or (b), the person is also subject to
conditional release as provided in section 609.3455.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2004, section 609.342,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under section 609.109 new text begin or 609.3455 new text end , if a person is convicted
under subdivision 1, clause (g), the court may stay imposition
or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2004, section 609.343,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

(a) Except as otherwise provided in
section 609.109 new text begin or 609.3455 new text end , a person convicted under
subdivision 1 may be sentenced to imprisonment for not more than
25 years or to a payment of a fine of not more than $35,000, or
both.

(b) Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a
longer presumptive executed sentence, the court shall presume
that an executed sentence of 90 months must be imposed on an
offender convicted of violating subdivision 1, clause (c), (d),
(e), (f), or (h). Sentencing a person in a manner other than
that described in this paragraph is a departure from the
Sentencing Guidelines.

new text begin (c) Notwithstanding the statutory maximum sentence
described in paragraph (a), the person is also subject to
conditional release as provided in section 609.3455.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2004, section 609.343,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under section 609.109 new text begin or 609.3455 new text end , if a person is convicted
under subdivision 1, clause (g), the court may stay imposition
or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2004, section 609.344,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

new text begin Except as otherwise provided in
section 609.3455, new text end a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than 15 years or to a
payment of a fine of not more than $30,000, or
both. new text begin Notwithstanding this statutory maximum sentence, the
person is also subject to conditional release as provided in
section 609.3455.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2004, section 609.344,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under section 609.109 new text begin or 609.3455 new text end , if a person is convicted
under subdivision 1, clause (f), the court may stay imposition
or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 18.

Minnesota Statutes 2004, section 609.345,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

new text begin Except as otherwise provided in
section 609.3455, new text end a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than ten years or to a
payment of a fine of not more than $20,000, or
both. new text begin Notwithstanding this statutory maximum sentence, the
person is also subject to conditional release as provided in
section 609.3455.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 19.

Minnesota Statutes 2004, section 609.345,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under section 609.109 new text begin or 609.3455 new text end , if a person is convicted
under subdivision 1, clause (f), the court may stay imposition
or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 20.

new text begin [609.3453] CRIMINAL SEXUAL PREDATORY CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Crime defined. new text end

new text begin A person is guilty of
criminal sexual predatory conduct if the person commits a
predatory crime that was motivated by the offender's sexual
impulses or was part of a predatory pattern of behavior that had
criminal sexual conduct as its goal.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin (a) Except as provided in section
609.3455, the statutory maximum sentence for a violation of
subdivision 1 is: (1) 25 percent longer than for the underlying
predatory crime; or (2) 50 percent longer than for the
underlying predatory crime, if the violation is committed by a
person with a previous sex offense conviction, as defined in
section 609.3455, subdivision 1.
new text end

new text begin (b) In addition to the sentence imposed under paragraph
(a), the person may also be sentenced to the payment of a fine
of not more than $20,000.
new text end

new text begin (c) Notwithstanding the statutory maximum sentence
described in paragraph (a), the person is also subject to
conditional release as provided in section 609.3455.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 21.

new text begin [609.3455] DANGEROUS SEX OFFENDERS; LIFE
SENTENCES; CONDITIONAL RELEASE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section,
the following terms have the meanings given.
new text end

new text begin (b) "Conviction" includes a conviction as an extended
jurisdiction juvenile under section 260B.130 for a violation of,
or an attempt to violate, section 609.342, 609.343, 609.344, or
609.3453.
new text end

new text begin (c) A conviction is considered a "previous sex offense
conviction" if the offender was convicted and sentenced for a
sex offense before the commission of the present offense.
new text end

new text begin (d) A conviction is considered a "prior sex offense
conviction" if the offender was convicted of committing a sex
offense before the offender has been convicted of the present
offense, regardless of whether the offender was convicted for
the first offense before the commission of the present offense,
and the convictions involved separate behavioral incidents.
new text end

new text begin (e) "Sex offense" means any violation of, or attempt to
violate, section 609.342, 609.343, 609.344, 609.345, 609.3451,
609.3453, or any similar statute of the United States, this
state, or any other state.
new text end

new text begin (f) An offender has "two previous sex offense convictions"
only if the offender was convicted and sentenced for a sex
offense committed after the offender was earlier convicted and
sentenced for a sex offense and both convictions preceded the
commission of the present offense of conviction.
new text end

new text begin Subd. 2. new text end

new text begin Mandatory life sentence. new text end

new text begin (a) Notwithstanding
the statutory maximum penalty otherwise applicable to the
offense, the court shall sentence an offender to imprisonment
for life if the offender is convicted of violating section
609.342, 609.343, 609.344, 609.345, or 609.3453 if:
new text end

new text begin (1) the offender has two previous sex offense convictions;
new text end

new text begin (2) the offender has a previous sex offense conviction and:
new text end

new text begin (i) the present offense involved an aggravating factor that
would provide grounds for an upward departure under the
sentencing guidelines other than the aggravating factor
applicable to repeat criminal sexual conduct convictions;
new text end

new text begin (ii) the offender received an upward departure from the
sentencing guidelines for the previous sex offense conviction;
or
new text end

new text begin (iii) the offender was sentenced under section 609.108 for
the previous sex offense conviction; or
new text end

new text begin (3) the offender has two prior sex offense convictions, the
prior convictions and present offense involved at least three
separate victims, and:
new text end

new text begin (i) the present offense involved an aggravating factor that
would provide grounds for an upward departure under the
sentencing guidelines other than the aggravating factor
applicable to repeat criminal sexual conduct convictions;
new text end

new text begin (ii) the offender received an upward departure from the
sentencing guidelines for one of the prior sex offense
convictions; or
new text end

new text begin (iii) the offender was sentenced under section 609.108 for
one of the prior sex offense convictions.
new text end

new text begin (b) Notwithstanding paragraph (a), a court may not sentence
an offender to imprisonment for life under that paragraph for a
violation of section 609.345, unless the offender's previous or
prior sex offense convictions that are being used as the basis
for the sentence are for violations of section 609.342, 609.343,
609.344, 609.3453, or any similar statute of the United States,
this state, or any other state.
new text end

new text begin Subd. 3. new text end

new text begin Life sentences; minimum term of
imprisonment. new text end

new text begin At the time of sentencing under subdivision 2,
the court shall specify a minimum term of imprisonment, based on
the sentencing guidelines or any applicable mandatory minimum
sentence, that must be served before the offender may be
considered for supervised release.
new text end

new text begin Subd. 4. new text end

new text begin Mandatory ten-year conditional release term.
new text end

new text begin Notwithstanding the statutory maximum sentence otherwise
applicable to the offense and unless a longer conditional
release term is required in subdivision 5, when a court commits
an offender to the custody of the commissioner of corrections
for a violation of section 609.342, 609.343, 609.344, 609.345,
or 609.3453, the court shall provide that, after the offender
has completed the sentence imposed, the commissioner shall place
the offender on conditional release for ten years, minus the
time the offender served on supervised release.
new text end

new text begin Subd. 5. new text end

new text begin Mandatory lifetime conditional release term. new text end

new text begin (a)
When a court sentences an offender under subdivision 2, the
court shall provide that, if the offender is released from
prison, the commissioner of corrections shall place the offender
on conditional release for the remainder of the offender's life.
new text end

new text begin (b) Notwithstanding the statutory maximum sentence
otherwise applicable to the offense, when the court commits an
offender to the custody of the commissioner of corrections for a
violation of section 609.342, 609.343, 609.344, 609.345, or
609.3453, and the offender has a previous or prior sex offense
conviction, the court shall provide that, after the offender has
completed the sentence imposed, the commissioner shall place the
offender on conditional release for the remainder of the
offender's life.
new text end

new text begin (c) Notwithstanding paragraph (b), an offender may not be
placed on lifetime conditional release under that paragraph for
a violation of section 609.345, unless the offender's previous
or prior sex offense conviction that is being used as the basis
for the placement is for a violation of section 609.342,
609.343, 609.344, 609.3453, or any similar statute of the United
States, this state, or any other state.
new text end

new text begin Subd. 6. new text end

new text begin Terms of conditional release; applicable to all
sex offenders. new text end

new text begin (a) The provisions of this subdivision apply to
all sex offenders placed on conditional release. Except as
provided in this subdivision, conditional release of sex
offenders is governed by provisions relating to supervised
release. The commissioner of corrections may not dismiss an
offender on conditional release from supervision until the
offender's conditional release term expires. The agent caseload
of corrections agents supervising offenders on conditional
release may not exceed the ratio of 30 offenders to two agents.
new text end

new text begin (b) The commissioner of corrections shall impose severe and
meaningful sanctions for violating the terms of conditional
release, including revocation of release for an offender who:
new text end

new text begin (1) fails to meet any condition of release;
new text end

new text begin (2) commits any misdemeanor, gross misdemeanor, or felony
offense; or
new text end

new text begin (3) presents a risk to the public, based on the offender's
behavior, attitude, or abuse of alcohol or controlled substances.
new text end

new text begin The revocation of conditional release is governed by the
procedures in the commissioner's rules adopted under section
244.05, subdivision 2. The commissioner may order an offender
whose conditional release is revoked to serve any portion of the
remaining conditional release term in prison up to and including
the entire term.
new text end

new text begin (c) An offender on conditional release shall be required to
successfully complete sex offender treatment, chemical
dependency and mental health treatment, if appropriate, and
aftercare in programs approved by the commissioner of
corrections. An offender shall submit at any time to
unannounced searches of the offender's person, vehicle, or
premises by a corrections agent. An offender shall be subjected
at least weekly to urinalysis and breath tests to detect the
presence of controlled substances or alcohol. The tests must be
random and unannounced. An offender shall be under house arrest
in a residence approved by the offender's corrections agent and
may not move to another residence without permission for a
period determined by the offender's agent. Following the house
arrest period, the agent shall impose periods of decreasing
restrictions on the offender's freedom of movement, including,
but not limited to, modified house arrest and daily curfews.
However, if the offender's conduct merits, the agent may impose
stricter conditions at any time. An offender may be placed on
electronic surveillance at any time if the offender's
corrections agent so directs. The offender's corrections agent
shall have at least four face-to-face contacts with the offender
each week, including at least one in the offender's home. The
offender shall spend at least 40 hours per week performing
approved work, undertaking constructive activity designed to
obtain employment, or attending a treatment or education program
as directed by the commissioner. An offender may not spend more
than six months in a residential treatment program that does not
require the offender to spend at least 40 hours per week
performing approved work or undertaking constructive activity
designed to obtain employment. The offender's corrections agent
shall make appropriate use of polygraphic examinations when
supervising the offender. If an offender received a restitution
order as part of the sentence, the offender shall make weekly
payments as scheduled by the offender's corrections agent until
the full amount is paid. The commissioner may include any other
conditions on an offender that the commissioner finds necessary
and appropriate.
new text end

new text begin (d) Upon the request of an offender's corrections agent,
the commissioner of corrections may modify the terms of an
offender's conditions of release relating to the frequency of
the urinalysis and breath tests and face-to-face contacts with
the corrections agent and the minimum hours per week in
constructive activities. The commissioner may order such a
modification if the commissioner determines that the offender
has complied with these requirements for a substantial period of
time, a modification is justified given the circumstances, and
public safety will not be compromised. However, the number of
face-to-face contacts may not be reduced to fewer than one per
week and one home visit per month. The commissioner may modify
other terms in the same manner as for supervised release.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
Subdivisions 2 to 5 apply to crimes committed on or after that
date. Subdivision 6 applies to offenders on conditional release
on or after that date.
new text end

Sec. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 609.108, subdivision 2;
and 609.109, subdivision 7, are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

ARTICLE 2

SEX OFFENDERS: PREDATORY OFFENDER REGISTRATION;
COMMUNITY NOTIFICATION; NONSENTENCING CHANGES

Section 1.

Minnesota Statutes 2004, section 243.166, is
amended to read:

243.166 REGISTRATION OF PREDATORY OFFENDERS.

deleted text begin Subdivision 1. deleted text end

deleted text begin Registration required. deleted text end

deleted text begin (a) A person shall
register under this section if:
deleted text end

deleted text begin (1) the person was charged with or petitioned for a felony
violation of or attempt to violate any of the following, and
convicted of or adjudicated delinquent for that offense or
another offense arising out of the same set of circumstances:
deleted text end

deleted text begin (i) murder under section 609.185, clause (2); or
deleted text end

deleted text begin (ii) kidnapping under section 609.25; or
deleted text end

deleted text begin (iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
deleted text end

deleted text begin (iv) indecent exposure under section 617.23, subdivision 3;
or
deleted text end

deleted text begin (2) the person was charged with or petitioned for falsely
imprisoning a minor in violation of section 609.255, subdivision
2; soliciting a minor to engage in prostitution in violation of
section 609.322 or 609.324; soliciting a minor to engage in
sexual conduct in violation of section 609.352; using a minor in
a sexual performance in violation of section 617.246; or
possessing pornographic work involving a minor in violation of
section 617.247, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of
circumstances; or
deleted text end

deleted text begin (3) the person was convicted of a predatory crime as
defined in section 609.108, and the offender was sentenced as a
patterned sex offender or the court found on its own motion or
that of the prosecutor that the crime was part of a predatory
pattern of behavior that had criminal sexual conduct as its
goal; or
deleted text end

deleted text begin (4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of
the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2),
or (3).
deleted text end

deleted text begin (b) A person also shall register under this section if:
deleted text end

deleted text begin (1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
deleted text end

deleted text begin (2) the person enters the state to reside, or to work or
attend school; and
deleted text end

deleted text begin (3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is
subject to lifetime registration, in which case the person must
register for life regardless of when the person was released
from confinement, convicted, or adjudicated delinquent.
deleted text end

deleted text begin For purposes of this paragraph:
deleted text end

deleted text begin (i) "school" includes any public or private educational
institution, including any secondary school, trade or
professional institution, or institution of higher education,
that the person is enrolled in on a full-time or part-time
basis; and
deleted text end

deleted text begin (ii) "work" includes employment that is full time or part
time for a period of time exceeding 14 days or for an aggregate
period of time exceeding 30 days during any calendar year,
whether financially compensated, volunteered, or for the purpose
of government or educational benefit.
deleted text end

deleted text begin (c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10, or
a similar law of another state or the United States, regardless
of whether the person was convicted of any offense.
deleted text end

deleted text begin (d) A person also shall register under this section if:
deleted text end

deleted text begin (1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in
paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned
for a violation of any of the offenses listed in paragraph (a),
clause (2), or a similar law of another state or the United
States;
deleted text end

deleted text begin (2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or
found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
deleted text end

deleted text begin (3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or
the United States.
deleted text end

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section,
unless the context clearly indicates otherwise, the following
terms have the meanings given them.
new text end

new text begin (b) "Bureau" means the Bureau of Criminal Apprehension.
new text end

new text begin (c) "Dwelling" means the building where the person lives
under a formal or informal agreement to do so.
new text end

new text begin (d) "Incarceration" and "confinement" do not include
electronic home monitoring.
new text end

new text begin (e) "Law enforcement authority" or "authority" means, with
respect to a home rule charter or statutory city, the chief of
police, and with respect to an unincorporated area, the county
sheriff.
new text end

new text begin (f) "Motor vehicle" has the meaning given for "vehicle" in
section 169.01, subdivision 2.
new text end

new text begin (g) "Primary address" means the mailing address of the
person's dwelling. If the mailing address is different from the
actual location of the dwelling, "primary address" also includes
the physical location of the dwelling described with as much
specificity as possible.
new text end

new text begin (h) "School" includes any public or private educational
institution, including any secondary school, trade, or
professional institution, or institution of higher education,
that the person is enrolled in on a full-time basis or part-time
basis.
new text end

new text begin (i) "Secondary address" means the mailing address of any
place where the person regularly or occasionally stays overnight
when not staying at the person's primary address. If the
mailing address is different from the actual location of the
place, "secondary address" also includes the physical location
of the place described with as much specificity as possible.
new text end

new text begin (j) "Treatment facility" means a residential facility, as
defined in section 244.052, subdivision 1, and residential
chemical dependency treatment programs and halfway houses
licensed under chapter 245A, including, but not limited to,
those facilities directly or indirectly assisted by any
department or agency of the United States.
new text end

new text begin (k) "Work" includes employment that is full time or part
time for a period of time exceeding 14 days or for an aggregate
period of time exceeding 30 days during any calendar year,
whether financially compensated, volunteered, or for the purpose
of government or educational benefit.
new text end

new text begin Subd. 1b. new text end

new text begin Registration required. new text end

new text begin (a) A person shall
register under this section if:
new text end

new text begin (1) the person was charged with or petitioned for a felony
violation of or attempt to violate, or aiding, abetting, or
conspiracy to commit, any of the following, and convicted of or
adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances:
new text end

new text begin (i) murder under section 609.185, paragraph (a), clause
(2); or
new text end

new text begin (ii) kidnapping under section 609.25; or
new text end

new text begin (iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453;
or
new text end

new text begin (iv) indecent exposure under section 617.23, subdivision 3;
new text end

new text begin (2) the person was charged with or petitioned for a
violation of or attempt to violate, or aiding, abetting, or
conspiracy to commit false imprisonment in violation of section
609.255, subdivision 2; soliciting a minor to engage in
prostitution in violation of section 609.322 or 609.324;
soliciting a minor to engage in sexual conduct in violation of
section 609.352; using a minor in a sexual performance in
violation of section 617.246; or possessing pornographic work
involving a minor in violation of section 617.247, and convicted
of or adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances;
new text end

new text begin (3) the person was sentenced as a patterned sex offender
under section 609.108; or
new text end

new text begin (4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of
the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2),
or (3).
new text end

new text begin (b) A person also shall register under this section if:
new text end

new text begin (1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
new text end

new text begin (2) the person enters the state to reside, work, or attend
school, or enters the state and remains for 14 days or longer;
and
new text end

new text begin (3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is
subject to lifetime registration, in which case the person shall
register for life regardless of when the person was released
from confinement, convicted, or adjudicated delinquent.
new text end

new text begin A person described in this paragraph shall register with
the bureau within five days after the registration requirement
becomes applicable.
new text end

new text begin (c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10, or
a similar law of another state or the United States, regardless
of whether the person was convicted of any offense.
new text end

new text begin (d) A person also shall register under this section if:
new text end

new text begin (1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in
paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned
for a violation of any of the offenses listed in paragraph (a),
clause (2), or a similar law of another state or the United
States;
new text end

new text begin (2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or
found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
new text end

new text begin (3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or
the United States.
new text end

Subd. 2.

Notice.

When a person who is required to
register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (a), is sentenced or
becomes subject to a juvenile court disposition order, the court
shall tell the person of the duty to register under this section
and that, if the person fails to comply with the registration
requirements, information about the offender may be made
available to the public through electronic, computerized, or
other accessible means. The court may not modify the person's
duty to register in the pronounced sentence or disposition
order. The court shall require the person to read and sign a
form stating that the duty of the person to register under this
section has been explained. The court shall forward the signed
sex offender registration form, the complaint, and sentencing
documents to the bureau deleted text begin of Criminal Apprehension deleted text end . If a person
required to register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (a), was
not notified by the court of the registration requirement at the
time of sentencing or disposition, the assigned corrections
agent shall notify the person of the requirements of this
section. When a person who is required to register under
subdivision deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (c) or (d), is released from
commitment, the treatment facility shall notify the person of
the requirements of this section. The treatment facility shall
also obtain the registration information required under this
section and forward it to the bureau deleted text begin of Criminal Apprehension deleted text end .

Subd. 3.

Registration procedure.

(a) new text begin Except as provided
in subdivision 3a, new text end a person required to register under this
section shall register with the corrections agent as soon as the
agent is assigned to the person. If the person does not have an
assigned corrections agent or is unable to locate the assigned
corrections agent, the person shall register with the law
enforcement deleted text begin agency deleted text end new text begin authority new text end that has jurisdiction in the area
of the person's deleted text begin residence deleted text end new text begin primary address new text end .

(b) new text begin Except as provided in subdivision 3a, new text end at least five
days before the person starts living at a new primary address,
including living in another state, the person shall give written
notice of the new primary deleted text begin living deleted text end address to the assigned
corrections agent or to the law enforcement authority with which
the person currently is registered. If the person will be
living in a new state and that state has a registration
requirement, the person shall also give written notice of the
new address to the designated registration agency in the new
state. A person required to register under this section shall
also give written notice to the assigned corrections agent or to
the law enforcement authority that has jurisdiction in the area
of the person's deleted text begin residence deleted text end new text begin primary address new text end that the person is no
longer living or staying at an address, immediately after the
person is no longer living or staying at that address. The
corrections agent or law enforcement authority shall, within two
business days after receipt of this information, forward it to
the bureau deleted text begin of Criminal Apprehension deleted text end . The bureau deleted text begin of Criminal
Apprehension deleted text end shall, if it has not already been done, notify the
law enforcement authority having primary jurisdiction in the
community where the person will live of the new address. If the
person is leaving the state, the bureau deleted text begin of Criminal Apprehension
deleted text end shall notify the registration authority in the new state of the
new address. deleted text begin If the person's obligation to register arose under
subdivision 1, paragraph (b), deleted text end The person's registration
requirements under this section terminate deleted text begin when deleted text end new text begin after new text end the person
begins living in the new state new text begin and the bureau has confirmed the
address in the other state through the annual verification
process on at least one occasion new text end .

(c) A person required to register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end ,
paragraph (b), because the person is working or attending school
in Minnesota shall register with the law enforcement
deleted text begin agency deleted text end new text begin authority new text end that has jurisdiction in the area where the
person works or attends school. In addition to other
information required by this section, the person shall provide
the address of the school or of the location where the person is
employed. A person deleted text begin must deleted text end new text begin shall new text end comply with this paragraph within
five days of beginning employment or school. A person's
obligation to register under this paragraph terminates when the
person is no longer working or attending school in Minnesota.

(d) A person required to register under this section who
works or attends school outside of Minnesota shall register as a
predatory offender in the state where the person works or
attends school. The person's corrections agent, or if the
person does not have an assigned corrections agent, the law
enforcement authority that has jurisdiction in the area of the
person's deleted text begin residence deleted text end new text begin primary address new text end shall notify the person of
this requirement.

new text begin Subd. 3a. new text end

new text begin Registration procedure when person lacks
primary address. new text end

new text begin (a) If a person leaves a primary address and
does not have a new primary address, the person shall register
with the law enforcement authority that has jurisdiction in the
area where the person is staying within 24 hours of the time the
person no longer has a primary address.
new text end

new text begin (b) A person who lacks a primary address shall register
with the law enforcement authority that has jurisdiction in the
area where the person is staying within 24 hours after entering
the jurisdiction. Each time a person who lacks a primary
address moves to a new jurisdiction without acquiring a new
primary address, the person shall register with the law
enforcement authority that has jurisdiction in the area where
the person is staying within 24 hours after entering the
jurisdiction.
new text end

new text begin (c) Upon registering under this subdivision, the person
shall provide the law enforcement authority with all of the
information the individual is required to provide under
subdivision 4a. However, instead of reporting the person's
primary address, the person shall describe the location of where
the person is staying with as much specificity as possible.
new text end

new text begin (d) Except as otherwise provided in paragraph (e), if a
person continues to lack a primary address, the person shall
report in person on a weekly basis to the law enforcement
authority with jurisdiction in the area where the person is
staying. This weekly report shall occur between the hours of
9:00 a.m. and 5:00 p.m. The person is not required to provide
the registration information required under subdivision 4a each
time the offender reports to an authority, but the person shall
inform the authority of changes to any information provided
under subdivision 4a or this subdivision and shall otherwise
comply with this subdivision.
new text end

new text begin (e) If the law enforcement authority determines that it is
impractical, due to the person's unique circumstances, to
require a person lacking a primary address to report weekly and
in person as required under paragraph (d), the authority may
authorize the person to follow an alternative reporting
procedure. The authority shall consult with the person's
corrections agent, if the person has one, in establishing the
specific criteria of this alternative procedure, subject to the
following requirements:
new text end

new text begin (1) The authority shall document, in the person's
registration record, the specific reasons why the weekly
in-person reporting process is impractical for the person to
follow.
new text end

new text begin (2) The authority shall explain how the alternative
reporting procedure furthers the public safety objectives of
this section.
new text end

new text begin (3) The authority shall require the person lacking a
primary address to report in person at least monthly to the
authority or the person's corrections agent and shall specify
the location where the person shall report. If the authority
determines it would be more practical and would further public
safety for the person to report to another law enforcement
authority with jurisdiction where the person is staying, it may,
after consulting with the other law enforcement authority,
include this requirement in the person's alternative reporting
process.
new text end

new text begin (4) The authority shall require the person to comply with
the weekly, in-person reporting process required under paragraph
(d), if the person moves to a new area where this process would
be practical.
new text end

new text begin (5) The authority shall require the person to report any
changes to the registration information provided under
subdivision 4a and to comply with the periodic registration
requirements specified under paragraph (f).
new text end

new text begin (6) The authority shall require the person to comply with
the requirements of subdivision 3, paragraphs (b) and (c), if
the person moves to a primary address.
new text end

new text begin (f) If a person continues to lack a primary address and
continues to report to the same law enforcement authority, the
person shall provide the authority with all of the information
the individual is required to provide under subdivision 4a and
this subdivision at least annually, unless the person is
required to register under subdivision 1b, paragraph (c),
following commitment pursuant to a court commitment under
section 253B.185 or a similar law of another state or the United
States. If the person is required to register under subdivision
1b, paragraph (c), the person shall provide the law enforcement
authority with all of the information the individual is required
to report under subdivision 4a and this subdivision at least
once every three months.
new text end

new text begin (g) A law enforcement authority receiving information under
this subdivision shall forward registration information and
changes to that information to the bureau within two business
days of receipt of the information.
new text end

new text begin (h) For purposes of this subdivision, a person who fails to
report a primary address will be deemed to be a person who lacks
a primary address, and the person shall comply with the
requirements for a person who lacks a primary address.
new text end

Subd. 4.

Contents of registration.

(a) The registration
provided to the corrections agent or law enforcement authority,
must consist of a statement in writing signed by the person,
giving information required by the bureau deleted text begin of Criminal
Apprehension deleted text end , a fingerprint card, and photograph of the person
taken at the time of the person's release from incarceration or,
if the person was not incarcerated, at the time the person
initially registered under this section. The registration
information also must include a written consent form signed by
the person allowing a treatment facility new text begin or residential housing
unit or shelter new text end to release information to a law enforcement
officer about the person's admission to, or residence in, a
treatment facility new text begin or residential housing unit or shelter new text end .
Registration information on adults and juveniles may be
maintained together notwithstanding section 260B.171,
subdivision 3.

(b) For persons required to register under subdivision deleted text begin 1
deleted text end new text begin 1b new text end , paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States, in addition to other information
required by this section, the registration provided to the
corrections agent or law enforcement authority must include the
person's offense history and documentation of treatment received
during the person's commitment. This documentation deleted text begin shall be deleted text end new text begin is
new text end limited to a statement of how far the person progressed in
treatment during commitment.

(c) Within three days of receipt, the corrections agent or
law enforcement authority shall forward the registration
information to the bureau deleted text begin of Criminal Apprehension deleted text end . The bureau
shall ascertain whether the person has registered with the law
enforcement authority deleted text begin where the person resides deleted text end new text begin in the area of
the person's primary address, if any, or if the person lacks a
primary address, where the person is staying, as required by
subdivision 3a new text end . If the person has not registered with the law
enforcement authority, the bureau shall send one copy to that
authority.

(d) The corrections agent or law enforcement authority may
require that a person required to register under this section
appear before the agent or authority to be photographed. new text begin The
agent or authority shall require a person required to register
under this section who is classified as a risk level III
offender under section 244.052 to appear before the agent or
authority at least every six months to be photographed. new text end The
agent or authority shall forward the photograph to the bureau deleted text begin of
Criminal Apprehension deleted text end .

(e) During the period a person is required to register
under this section, the following deleted text begin shall deleted text end new text begin provisions new text end apply:

(1) new text begin Except for persons registering under subdivision 3a,
new text end the bureau deleted text begin of Criminal Apprehension deleted text end shall mail a verification
form to the deleted text begin last reported address of the deleted text end person's deleted text begin residence deleted text end new text begin last
reported primary address new text end . This verification form deleted text begin shall deleted text end new text begin must
new text end provide notice to the offender that, if the offender does not
return the verification form as required, information about the
offender may be made available to the public through electronic,
computerized, or other accessible means. new text begin For persons who are
registered under subdivision 3a, the bureau shall mail an annual
verification form to the law enforcement authority where the
offender most recently reported. The authority shall provide
the verification form to the person at the next weekly meeting
and ensure that the person completes and signs the form and
returns it to the bureau.
new text end

(2) The person shall mail the signed verification form back
to the bureau deleted text begin of Criminal Apprehension deleted text end within ten days after
receipt of the form, stating on the form the current and last
address of the person's residence and the other information
required under subdivision 4a.

(3) new text begin In addition to the requirements listed in this section,
a person who, under section 244.052, is assigned to risk level
II or risk level III, and who is no longer under correctional
supervision, shall have an annual in-person contact with the law
enforcement authority in the area of the person's primary
address or, if the person has no primary address, where the
person is staying. During the month of the person's birth date,
the person shall report to the authority to verify the accuracy
of the registration information and to be photographed. Within
three days of this contact, the authority shall enter
information as required by the bureau into the predatory
offender registration database and submit an updated photograph
of the person to the bureau's predatory offender registration
unit. The authority may waive the photograph requirement for a
person assigned to risk level III who has recently been
photographed under paragraph (d).
new text end

new text begin (4) new text end If the person fails to mail the completed and signed
verification form to the bureau deleted text begin of Criminal Apprehension deleted text end within
ten days after receipt of the form, new text begin or if the person fails to
report to the law enforcement authority during the month of the
person's birth date, new text end the person deleted text begin shall be deleted text end new text begin is new text end in violation of this
section.

For persons required to register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end ,
paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States, the bureau shall comply with clause
(1) at least four times each year. new text begin For persons who under
section 244.052 are assigned to risk level III and who are no
longer under correctional supervision, the bureau shall comply
with clause (1) at least two times each year. new text end For all other
persons required to register under this section, the bureau
shall comply with clause (1) each year within 30 days of the
anniversary date of the person's initial registration.

(f) When sending out a verification form, the bureau deleted text begin of
Criminal Apprehension must deleted text end new text begin shall new text end determine whether the person to
whom the verification form is being sent has signed a written
consent form as provided for in paragraph (a). If the person
has not signed such a consent form, the bureau deleted text begin of Criminal
Apprehension must deleted text end new text begin shall new text end send a written consent form to the
person along with the verification form. A person who receives
this written consent form deleted text begin must deleted text end new text begin shall new text end sign and return it to the
bureau deleted text begin of Criminal Apprehension deleted text end at the same time as the
verification form.

deleted text begin (g) For the purposes of this subdivision, "treatment
facility" means a residential facility, as defined in section
244.052, subdivision 1, and residential chemical dependency
treatment programs and halfway houses licensed under chapter
245A, including, but not limited to, those facilities directly
or indirectly assisted by any department or agency of the United
States.
deleted text end

Subd. 4a.

Information required to be provided.

(a) deleted text begin As
used in this section:
deleted text end

deleted text begin (1) "motor vehicle" has the meaning given "vehicle" in
section 169.01, subdivision 2;
deleted text end

deleted text begin (2) "primary residence" means any place where the person
resides longer than 14 days or that is deemed a primary
residence by a person's corrections agent, if one is assigned to
the person; and
deleted text end

deleted text begin (3) "secondary residence" means any place where the person
regularly stays overnight when not staying at the person's
primary residence, and includes, but is not limited to:
deleted text end

deleted text begin (i) the person's parent's home if the person is a student
and stays at the home at times when the person is not staying at
school, including during the summer; and
deleted text end

deleted text begin (ii) the home of someone with whom the person has a minor
child in common where the child's custody is shared.
deleted text end

deleted text begin (b) deleted text end A person required to register under this section shall
provide to the corrections agent or law enforcement authority
the following information:

(1) the deleted text begin address of the deleted text end person's primary deleted text begin residence deleted text end new text begin address new text end ;

(2) deleted text begin the addresses of deleted text end all new text begin of new text end the person's secondary
deleted text begin residences deleted text end new text begin addresses new text end in Minnesota, including all addresses used
for residential or recreational purposes;

(3) the addresses of all Minnesota property owned, leased,
or rented by the person;

(4) the addresses of all locations where the person is
employed;

(5) the addresses of all deleted text begin residences deleted text end new text begin schools new text end where the
person deleted text begin resides while attending school deleted text end new text begin is enrolled new text end ; and

(6) the year, model, make, license plate number, and color
of all motor vehicles owned or regularly driven by the person.

deleted text begin (c) deleted text end new text begin (b) new text end The person shall report to the agent or authority
the information required to be provided under paragraph deleted text begin (b) deleted text end new text begin (a) new text end ,
clauses (2) to (6), within five days of the date the clause
becomes applicable. If because of a change in circumstances any
information reported under paragraph deleted text begin (b) deleted text end new text begin (a) new text end , clauses (1) to
(6), no longer applies, the person shall immediately inform the
agent or authority that the information is no longer valid. new text begin If
the person leaves a primary address and does not have a new
primary address, the person shall register as provided in
subdivision 3a.
new text end

Subd. 5.

Criminal penalty.

(a) A person required to
register under this section who knowingly violates any of its
provisions or intentionally provides false information to a
corrections agent, law enforcement authority, or the bureau deleted text begin of
Criminal Apprehension deleted text end is guilty of a felony and may be sentenced
to imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.

(b) Except as provided in paragraph (c), a person convicted
of violating paragraph (a) shall be committed to the custody of
the commissioner of corrections for not less than a year and a
day, nor more than five years.

(c) A person convicted of violating paragraph (a), who has
previously been convicted of or adjudicated delinquent for
violating this section new text begin or a similar law of another state or the
United States new text end , shall be committed to the custody of the
commissioner of corrections for not less than two years, nor
more than five years.

(d) Prior to the time of sentencing, the prosecutor may
file a motion to have the person sentenced without regard to the
mandatory minimum sentence established by this subdivision. The
motion deleted text begin shall deleted text end new text begin must new text end be accompanied by a statement on the record of
the reasons for it. When presented with the motion, or on its
own motion, the court may sentence the person without regard to
the mandatory minimum sentence if the court finds substantial
and compelling reasons to do so. Sentencing a person in the
manner described in this paragraph is a departure from the
Sentencing Guidelines.

(e) A person convicted and sentenced as required by this
subdivision is not eligible for probation, parole, discharge,
work release, or supervised release, until that person has
served the full term of imprisonment as provided by law,
notwithstanding the provisions of sections 241.26, 242.19,
243.05, 244.04, 609.12, and 609.135.

new text begin Subd. 5a. new text end

new text begin Ten-year conditional release for violations
committed by level iii offenders. new text end

new text begin Notwithstanding the statutory
maximum sentence otherwise applicable to the offense or any
provision of the sentencing guidelines, when a court commits a
person to the custody of the commissioner of corrections for
violating subdivision 5 and, at the time of the violation, the
person was assigned to risk level III under section 244.052, the
court shall provide that after the person has completed the
sentence imposed, the commissioner shall place the person on
conditional release for ten years. The terms of conditional
release are governed by section 609.3455, subdivision 6.
new text end

Subd. 6.

Registration period.

(a) Notwithstanding the
provisions of section 609.165, subdivision 1, and except as
provided in paragraphs (b), (c), and (d), a person required to
register under this section shall continue to comply with this
section until ten years have elapsed since the person initially
registered in connection with the offense, or until the
probation, supervised release, or conditional release period
expires, whichever occurs later. For a person required to
register under this section who is committed under section
253B.18 or 253B.185, the ten-year registration period does not
include the period of commitment.

(b) If a person required to register under this section
fails to register following a change in deleted text begin residence deleted text end new text begin the person's
primary or secondary address, employment, school, or motor
vehicle information; fails to report any property the person
owns, leases, or rents; or fails to return the annual
verification form within ten days new text end , the commissioner of public
safety may require the person to continue to register for an
additional period of five years. This five-year period is added
to the end of the offender's registration period.

(c) If a person required to register under this section is
subsequently incarcerated following a new text begin conviction for a new
offense or following a new text end revocation of probation, supervised
release, or conditional release for deleted text begin that deleted text end new text begin any new text end offense deleted text begin , or a
conviction for any new offense deleted text end , the person shall continue to
register until ten years have elapsed since the person was last
released from incarceration or until the person's probation,
supervised release, or conditional release period expires,
whichever occurs later.

(d) A person shall continue to comply with this section for
the life of that person:

(1) if the person is convicted of or adjudicated delinquent
for any offense for which registration is required under
subdivision deleted text begin 1 deleted text end new text begin 1b new text end , or any offense from another state or any
federal offense similar to the offenses described in subdivision
deleted text begin 1 deleted text end new text begin 1b new text end , and the person has a prior conviction or adjudication for
an offense for which registration was or would have been
required under subdivision deleted text begin 1 deleted text end new text begin 1b new text end , or an offense from another
state or a federal offense similar to an offense described in
subdivision deleted text begin 1 deleted text end new text begin 1b new text end ;

(2) if the person is required to register based upon a
conviction or delinquency adjudication for an offense under
section 609.185, clause (2), or a similar statute from another
state or the United States;

(3) if the person is required to register based upon a
conviction for an offense under section 609.342, subdivision 1,
paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
1, paragraph (a), (c), (d), (e), (f), or (h); 609.344,
subdivision 1, paragraph (a), (c), or (g); or 609.345,
subdivision 1, paragraph (a), (c), or (g); or a statute from
another state or the United States similar to the offenses
described in this clause; or

(4) if the person is required to register under subdivision
deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States.

Subd. 7.

Use of information.

Except as otherwise
provided in subdivision 7a or sections 244.052 and 299C.093, the
information provided under this section is private data on
individuals under section 13.02, subdivision 12. The
information may be used only for law enforcement purposes.

Subd. 7a.

Availability of information on offenders who
are out of compliance with registration law.

(a) The bureau deleted text begin of
Criminal Apprehension deleted text end may make information available to the
public about offenders who are 16 years of age or older and who
are out of compliance with this section for 30 days or longer
for failure to provide the deleted text begin address of the deleted text end offenders' primary or
secondary deleted text begin residences deleted text end new text begin addresses new text end . This information may be made
available to the public through electronic, computerized, or
other accessible means. The amount and type of information made
available deleted text begin shall be deleted text end new text begin is new text end limited to the information necessary for
the public to assist law enforcement in locating the offender.

(b) An offender who comes into compliance with this section
after the bureau deleted text begin of Criminal Apprehension deleted text end discloses information
about the offender to the public may send a written request to
the bureau requesting the bureau to treat information about the
offender as private data, consistent with subdivision 7. The
bureau shall review the request and promptly take reasonable
action to treat the data as private, if the offender has
complied with the requirement that the offender provide deleted text begin the
addresses of deleted text end the offender's primary and secondary
deleted text begin residences deleted text end new text begin addresses new text end , or promptly notify the offender that the
information will continue to be treated as public information
and the reasons for the bureau's decision.

(c) If an offender believes the information made public
about the offender is inaccurate or incomplete, the offender may
challenge the data under section 13.04, subdivision 4.

(d) The bureau deleted text begin of Criminal Apprehension deleted text end is immune from any
civil or criminal liability that might otherwise arise, based on
the accuracy or completeness of any information made public
under this subdivision, if the bureau acts in good faith.

deleted text begin Subd. 8. deleted text end

deleted text begin Law enforcement authority. deleted text end

deleted text begin For purposes of this
section, a law enforcement authority means, with respect to a
home rule charter or statutory city, the chief of police, and
with respect to an unincorporated area, the sheriff of the
county.
deleted text end

Subd. 9.

Offenders from other states.

When the state
accepts an offender from another state under a reciprocal
agreement under the interstate compact authorized by section
243.16 new text begin or 243.1605, new text end or under any authorized interstate
agreement, the acceptance is conditional on the offender
agreeing to register under this section when the offender is
living in Minnesota.

new text begin Subd. 10. new text end

new text begin Venue; aggregation. new text end

new text begin (a) A violation of this
section may be prosecuted in any jurisdiction where an offense
takes place. However, the prosecutorial agency in the
jurisdiction where the person last registered a primary address
is initially responsible to review the case for prosecution.
new text end

new text begin (b) When a person commits two or more offenses in two or
more counties, the accused may be prosecuted for all of the
offenses in any county in which one of the offenses was
committed.
new text end

new text begin Subd. 11. new text end

new text begin Certified copies as evidence. new text end

new text begin Certified copies
of predatory offender registration records are admissible as
substantive evidence when necessary to prove the commission of a
violation of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to persons subject to predatory offender
registration on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 243.167, is
amended to read:

243.167 REGISTRATION UNDER THE PREDATORY OFFENDER
REGISTRATION LAW FOR OTHER OFFENSES.

Subdivision 1.

Definition.

As used in this section,
"crime against the person" means a violation of any of the
following or a similar law of another state or of the United
States: section 609.165; 609.185; 609.19; 609.195; 609.20;
609.205; 609.221; 609.222; 609.223; new text begin 609.2231; new text end 609.224,
subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235;
609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision
2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23,
subdivision 2; or any felony-level violation of section 609.229;
609.377; 609.749; or 624.713.

Subd. 2.

When required.

(a) In addition to the
requirements of section 243.166, a person also shall register
under section 243.166 if:

(1) the person is convicted of a crime against the person;
and

(2) the person was previously convicted of or adjudicated
delinquent for an offense listed in section 243.166, deleted text begin subdivision
1, paragraph (a), deleted text end but was not required to register for the
offense because the registration requirements of that section
did not apply to the person at the time the offense was
committed or at the time the person was released from
imprisonment.

(b) A person who was previously required to register deleted text begin under
section 243.166 deleted text end new text begin in any state new text end and who has completed the
registration requirements of that deleted text begin section deleted text end new text begin state new text end shall again
register under section 243.166 if the person commits a crime
against the person.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

new text begin [243.95] REPORT ON COMMUNITY CORRECTIONAL
SUPERVISION.
new text end

new text begin By January 15 of each year, the commissioner of corrections
shall report to the chairs of the senate and house committees
having jurisdiction over criminal justice policy on the number,
geographic location, and aggregate and average caseloads for
each caseload type of risk level II and risk level III sex
offender residing in the state for the preceding calendar year.
In addition, the commissioner shall provide this information for
all other types of offenders. The commissioner shall compile
and include in the report comparative historical data for the
five calendar years preceding the year included in the report.
new text end

Sec. 4.

Minnesota Statutes 2004, section 244.052,
subdivision 3, is amended to read:

Subd. 3.

End-of-confinement review committee.

(a) The
commissioner of corrections shall establish and administer
end-of-confinement review committees at each state correctional
facility and at each state treatment facility where predatory
offenders are confined. The committees shall assess on a
case-by-case basis the public risk posed by predatory offenders
who are about to be released from confinement.

(b) Each committee shall be a standing committee and shall
consist of the following members appointed by the commissioner:

(1) the chief executive officer or head of the correctional
or treatment facility where the offender is currently confined,
or that person's designee;

(2) a law enforcement officer;

(3) a treatment professional who is trained in the
assessment of sex offenders;

(4) a caseworker experienced in supervising sex offenders;
and

(5) a victim's services professional.

Members of the committee, other than the facility's chief
executive officer or head, shall be appointed by the
commissioner to two-year terms. The chief executive officer or
head of the facility or designee shall act as chair of the
committee and shall use the facility's staff, as needed, to
administer the committee, obtain necessary information from
outside sources, and prepare risk assessment reports on
offenders.

(c) The committee shall have access to the following data
on a predatory offender only for the purposes of its assessment
and to defend the committee's risk assessment determination upon
administrative review under this section:

(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;

(2) private and confidential court services data under
section 13.84;

(3) private and confidential corrections data under section
13.85; and

(4) private criminal history data under section 13.87.

Data collected and maintained by the committee under this
paragraph may not be disclosed outside the committee, except as
provided under section 13.05, subdivision 3 or 4. The predatory
offender has access to data on the offender collected and
maintained by the committee, unless the data are confidential
data received under this paragraph.

(d)(i) Except as otherwise provided in item (ii), at least
90 days before a predatory offender is to be released from
confinement, the commissioner of corrections shall convene the
appropriate end-of-confinement review committee for the purpose
of assessing the risk presented by the offender and determining
the risk level to which the offender shall be assigned under
paragraph (e). The offender and the law enforcement agency that
was responsible for the charge resulting in confinement shall be
notified of the time and place of the committee's meeting. The
offender has a right to be present and be heard at the meeting.
The law enforcement agency may provide material in writing that
is relevant to the offender's risk level to the chair of the
committee. The committee shall use the risk factors described
in paragraph (g) and the risk assessment scale developed under
subdivision 2 to determine the offender's risk assessment score
and risk level. Offenders scheduled for release from
confinement shall be assessed by the committee established at
the facility from which the offender is to be released.

(ii) If an offender is received for confinement in a
facility with less than 90 days remaining in the offender's term
of confinement, the offender's risk shall be assessed at the
first regularly scheduled end of confinement review committee
that convenes after the appropriate documentation for the risk
assessment is assembled by the committee. The commissioner
shall make reasonable efforts to ensure that offender's risk is
assessed and a risk level is assigned or reassigned at least 30
days before the offender's release date.

(e) The committee shall assign to risk level I a predatory
offender whose risk assessment score indicates a low risk of
reoffense. The committee shall assign to risk level II an
offender whose risk assessment score indicates a moderate risk
of reoffense. The committee shall assign to risk level III an
offender whose risk assessment score indicates a high risk of
reoffense.

(f) Before the predatory offender is released from
confinement, the committee shall prepare a risk assessment
report which specifies the risk level to which the offender has
been assigned and the reasons underlying the committee's risk
assessment decision. The committee shall give the report to the
offender and to the law enforcement agency at least 60 days
before an offender is released from confinement. If the risk
assessment is performed under the circumstances described in
paragraph (d), item (ii), the report shall be given to the
offender and the law enforcement agency as soon as it is
available. The committee also shall inform the offender of the
availability of review under subdivision 6.

(g) As used in this subdivision, "risk factors" includes,
but is not limited to, the following factors:

(1) the seriousness of the offense should the offender
reoffend. This factor includes consideration of the following:

(i) the degree of likely force or harm;

(ii) the degree of likely physical contact; and

(iii) the age of the likely victim;

(2) the offender's prior offense history. This factor
includes consideration of the following:

(i) the relationship of prior victims to the offender;

(ii) the number of prior offenses or victims;

(iii) the duration of the offender's prior offense history;

(iv) the length of time since the offender's last prior
offense while the offender was at risk to commit offenses; and

(v) the offender's prior history of other antisocial acts;

(3) the offender's characteristics. This factor includes
consideration of the following:

(i) the offender's response to prior treatment efforts; and

(ii) the offender's history of substance abuse;

(4) the availability of community supports to the offender.
This factor includes consideration of the following:

(i) the availability and likelihood that the offender will
be involved in therapeutic treatment;

(ii) the availability of residential supports to the
offender, such as a stable and supervised living arrangement in
an appropriate location;

(iii) the offender's familial and social relationships,
including the nature and length of these relationships and the
level of support that the offender may receive from these
persons; and

(iv) the offender's lack of education or employment
stability;

(5) whether the offender has indicated or credible evidence
in the record indicates that the offender will reoffend if
released into the community; and

(6) whether the offender demonstrates a physical condition
that minimizes the risk of reoffense, including but not limited
to, advanced age or a debilitating illness or physical condition.

(h) Upon the request of the law enforcement agency or the
offender's corrections agent, the commissioner may reconvene the
end-of-confinement review committee for the purpose of
reassessing the risk level to which an offender has been
assigned under paragraph (e). In a request for a reassessment,
the law enforcement agency which was responsible for the charge
resulting in confinement or agent shall list the facts and
circumstances arising after the initial assignment or facts and
circumstances known to law enforcement or the agent but not
considered by the committee under paragraph (e) which support
the request for a reassessment. The request for reassessment by
the law enforcement agency must occur within 30 days of receipt
of the report indicating the offender's risk level assignment.
The offender's corrections agent, in consultation with the chief
law enforcement officer in the area where the offender resides
or intends to reside, may request a review of a risk level at
any time if substantial evidence exists that the offender's risk
level should be reviewed by an end-of-confinement review
committee. This evidence includes, but is not limited to,
evidence of treatment failures or completions, evidence of
exceptional crime-free community adjustment or lack of
appropriate adjustment, evidence of substantial community need
to know more about the offender or mitigating circumstances that
would narrow the proposed scope of notification, or other
practical situations articulated and based in evidence of the
offender's behavior while under supervision. Upon review of the
request, the end-of-confinement review committee may reassign an
offender to a different risk level. If the offender is
reassigned to a higher risk level, the offender has the right to
seek review of the committee's determination under subdivision 6.

(i) An offender may request the end-of-confinement review
committee to reassess the offender's assigned risk level after
three years have elapsed since the committee's initial risk
assessment and may renew the request once every two years
following subsequent denials. In a request for reassessment,
the offender shall list the facts and circumstances which
demonstrate that the offender no longer poses the same degree of
risk to the community. In order for a request for a risk level
reduction to be granted, the offender must demonstrate full
compliance with supervised release conditions, completion of
required post-release treatment programming, and full compliance
with all registration requirements as detailed in section
243.166. The offender must also not have been convicted of any
felony, gross misdemeanor, or misdemeanor offenses subsequent to
the assignment of the original risk level. The committee shall
follow the process outlined in paragraphs (a) to (c) in the
reassessment. An offender who is incarcerated may not request a
reassessment under this paragraph.

(j) Offenders returned to prison as release violators shall
not have a right to a subsequent risk reassessment by the
end-of-confinement review committee unless substantial evidence
indicates that the offender's risk to the public has increased.

(k) The commissioner shall establish an end-of-confinement
review committee to assign a risk level to offenders who new text begin :
new text end

new text begin (1) new text end are released from deleted text begin a deleted text end new text begin any new text end federal correctional facility
deleted text begin in Minnesota deleted text end or new text begin from any state correctional facility of new text end another
state new text begin , new text end and who intend to reside in Minnesota deleted text begin , and to offenders deleted text end new text begin ;
or
new text end

new text begin (2) are new text end accepted from another state under a reciprocal
agreement for parole supervision under the interstate compact
authorized by section 243.16 new text begin or 243.1605 new text end .

The committee shall make reasonable efforts to conform to the
same timelines as applied to Minnesota cases. Offenders
accepted from another state under a reciprocal agreement for
probation supervision are not assigned a risk level, but are
considered downward dispositional departures. The probation or
court services officer and law enforcement officer shall manage
such cases in accordance with section 244.10, subdivision 2a.
The policies and procedures of the committee for federal
offenders and interstate compact cases must be in accordance
with all requirements as set forth in this section, unless
restrictions caused by the nature of federal or interstate
transfers prevents such conformance.

(l) If the committee assigns a predatory offender to risk
level III, the committee shall determine whether residency
restrictions shall be included in the conditions of the
offender's release based on the offender's pattern of offending
behavior.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to offenders entering the state, released from
confinement, subject to community notification, or sentenced on
or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 244.052, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Out-of-state offenders; notification
authorized. new text end

new text begin (a) This subdivision applies to offenders who move
or have moved to Minnesota from other states and who:
new text end

new text begin (1) at the time of the move are subject to a community
notification statute similar to this section in the state from
which the offender is moving; and
new text end

new text begin (2) are not assigned a risk level under subdivision 3,
paragraph (k).
new text end

new text begin (b) The law enforcement agency in the area where an
offender described in paragraph (a) resides, expects to reside,
or is regularly found, may disclose information regarding the
offender consistent with subdivision 4, paragraph (a). The
extent of the notification must be consistent with the
notification made about the offender in the state from which the
offender is moving or has moved. However, the extent of the
notification may not exceed that of a risk level II offender
under subdivision 4, paragraph (b), unless the requirements of
paragraph (c) have been met. Except as otherwise provided in
this subdivision and unless clearly inapplicable, the provisions
of subdivision 4 apply to notifications made under this
paragraph.
new text end

new text begin (c) If the notification made concerning the offender in the
state from which the offender is moving or has moved is broader
than that authorized for a risk level II offender under
subdivision 4, paragraph (b), and the agency wants to make a
broader disclosure, the agency may request the
end-of-confinement review committee at the nearest state
correctional or treatment facility to assign a risk level to the
offender. The agency shall provide to the committee all
information concerning the offender's criminal history, the risk
the offender poses to the community, and other relevant
information. In addition, the committee shall attempt to obtain
other information relevant to determining which risk level to
assign the offender. Except as provided in this subdivision and
unless clearly inapplicable, the provisions of subdivision 3
govern the risk assessment under this paragraph. If the
committee assigns the offender to risk level III, the agency may
disclose information in a manner consistent with a risk level
III offender under subdivision 4, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to offenders entering the state, released from
confinement, subject to community notification, or sentenced on
or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 244.052,
subdivision 4, is amended to read:

Subd. 4.

Law enforcement agency; disclosure of
information to public.

(a) The law enforcement agency in the
area where the predatory offender resides, expects to reside, is
employed, or is regularly found, shall disclose to the public
any information regarding the offender contained in the report
forwarded to the agency under subdivision 3, paragraph (f), that
is relevant and necessary to protect the public and to
counteract the offender's dangerousness, consistent with the
guidelines in paragraph (b). The extent of the information
disclosed and the community to whom disclosure is made must
relate to the level of danger posed by the offender, to the
offender's pattern of offending behavior, and to the need of
community members for information to enhance their individual
and collective safety.

(b) The law enforcement agency shall employ the following
guidelines in determining the scope of disclosure made under
this subdivision:

(1) if the offender is assigned to risk level I, the agency
may maintain information regarding the offender within the
agency and may disclose it to other law enforcement agencies.
Additionally, the agency may disclose the information to any
victims of or witnesses to the offense committed by the
offender. The agency shall disclose the information to victims
of the offense committed by the offender who have requested
disclosure and to adult members of the offender's immediate
household;

(2) if the offender is assigned to risk level II, the
agency also may disclose the information to agencies and groups
that the offender is likely to encounter for the purpose of
securing those institutions and protecting individuals in their
care while they are on or near the premises of the institution.
These agencies and groups include the staff members of public
and private educational institutions, day care establishments,
and establishments and organizations that primarily serve
individuals likely to be victimized by the offender. The agency
also may disclose the information to individuals the agency
believes are likely to be victimized by the offender. The
agency's belief shall be based on the offender's pattern of
offending or victim preference as documented in the information
provided by the department of corrections or human services;

(3) if the offender is assigned to risk level III, the
agency shall disclose the information to the persons and
entities described in clauses (1) and (2) and to other members
of the community whom the offender is likely to encounter,
unless the law enforcement agency determines that public safety
would be compromised by the disclosure or that a more limited
disclosure is necessary to protect the identity of the victim.

Notwithstanding the assignment of a predatory offender to
risk level II or III, a law enforcement agency may not make the
disclosures permitted or required by clause (2) or (3), if: the
offender is placed or resides in a residential facility.
However, if an offender is placed or resides in a residential
facility, the offender and the head of the facility shall
designate the offender's likely residence upon release from the
facility and the head of the facility shall notify the
commissioner of corrections or the commissioner of human
services of the offender's likely residence at least 14 days
before the offender's scheduled release date. The commissioner
shall give this information to the law enforcement agency having
jurisdiction over the offender's likely residence. The head of
the residential facility also shall notify the commissioner of
corrections or human services within 48 hours after finalizing
the offender's approved relocation plan to a permanent
residence. Within five days after receiving this notification,
the appropriate commissioner shall give to the appropriate law
enforcement agency all relevant information the commissioner has
concerning the offender, including information on the risk
factors in the offender's history and the risk level to which
the offender was assigned. After receiving this information,
the law enforcement agency shall make the disclosures permitted
or required by clause (2) or (3), as appropriate.

(c) As used in paragraph (b), clauses (2) and (3), "likely
to encounter" means that:

(1) the organizations or community members are in a
location or in close proximity to a location where the offender
lives or is employed, or which the offender visits or is likely
to visit on a regular basis, other than the location of the
offender's outpatient treatment program; and

(2) the types of interaction which ordinarily occur at that
location and other circumstances indicate that contact with the
offender is reasonably certain.

(d) A law enforcement agency or official who discloses
information under this subdivision shall make a good faith
effort to make the notification within 14 days of receipt of a
confirmed address from the Department of Corrections indicating
that the offender will be, or has been, released from
confinement, or accepted for supervision, or has moved to a new
address and will reside at the address indicated. If a change
occurs in the release plan, this notification provision does not
require an extension of the release date.

(e) A law enforcement agency or official who discloses
information under this subdivision shall not disclose the
identity or any identifying characteristics of the victims of or
witnesses to the offender's offenses.

(f) A law enforcement agency shall continue to disclose
information on an offender as required by this subdivision for
as long as the offender is required to register under section
243.166. new text begin This requirement on a law enforcement agency to
continue to disclose information also applies to an offender who
lacks a primary address and is registering under section
243.166, subdivision 3a.
new text end

(g) A law enforcement agency that is disclosing information
on an offender assigned to risk level III to the public under
this subdivision shall inform the commissioner of corrections
what information is being disclosed and forward this information
to the commissioner within two days of the agency's
determination. The commissioner shall post this information on
the Internet as required in subdivision 4b.

(h) A city council may adopt a policy that addresses when
information disclosed under this subdivision must be presented
in languages in addition to English. The policy may address
when information must be presented orally, in writing, or both
in additional languages by the law enforcement agency disclosing
the information. The policy may provide for different
approaches based on the prevalence of non-English languages in
different neighborhoods.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to offenders entering the state, released from
confinement, subject to community notification, or sentenced on
or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 244.10,
subdivision 2a, is amended to read:

Subd. 2a.

Notice of information regarding predatory
offenders.

(a) Subject to paragraph (b), in any case in which a
person is convicted of an offense and the presumptive sentence
under the Sentencing Guidelines is commitment to the custody of
the commissioner of corrections, if the court grants a
dispositional departure and stays imposition or execution of
sentence, the probation or court services officer who is
assigned to supervise the offender shall provide in writing to
the following the fact that the offender is on probation and the
terms and conditions of probation:

(1) a victim of and any witnesses to the offense committed
by the offender, if the victim or the witness has requested
notice; and

(2) the chief law enforcement officer in the area where the
offender resides or intends to reside.

The law enforcement officer, in consultation with the
offender's probation officer, may provide all or part of this
information to any of the following agencies or groups the
offender is likely to encounter: public and private educational
institutions, day care establishments, and establishments or
organizations that primarily serve individuals likely to be
victimized by the offender. new text begin The law enforcement officer, in
consultation with the offender's probation officer, also may
disclose the information to individuals the officer believes are
likely to be victimized by the offender. The officer's belief
shall be based on the offender's pattern of offending or victim
preference as documented in the information provided by the
Department of Corrections or Department of Human Services.
new text end

The probation officer is not required under this
subdivision to provide any notice while the offender is placed
or resides in a residential facility that is licensed under
section 245A.02, subdivision 14, or 241.021, if the facility
staff is trained in the supervision of sex offenders.

(b) Paragraph (a) applies only to offenders required to
register under section 243.166, as a result of the conviction.

(c) The notice authorized by paragraph (a) shall be limited
to data classified as public under section 13.84, subdivision 6,
unless the offender provides informed consent to authorize the
release of nonpublic data or unless a court order authorizes the
release of nonpublic data.

(d) Nothing in this subdivision shall be interpreted to
impose a duty on any person to use any information regarding an
offender about whom notification is made under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to offenders entering the state, released from
confinement, subject to community notification, or sentenced on
or after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 253B.18,
subdivision 5, is amended to read:

Subd. 5.

Petition; notice of hearing; attendance; order.

(a) A petition for an order of transfer, discharge, provisional
discharge, or revocation of provisional discharge shall be filed
with the commissioner and may be filed by the patient or by the
head of the treatment facility. A patient may not petition the
special review board for six months following commitment under
subdivision 3 or following the final disposition of any previous
petition and subsequent appeal by the patient. The medical
director may petition at any time.

(b) Fourteen days prior to the hearing, the committing
court, the county attorney of the county of commitment, the
designated agency, interested person, the petitioner, and the
petitioner's counsel shall be given written notice by the
commissioner of the time and place of the hearing before the
special review board. Only those entitled to statutory notice
of the hearing or those administratively required to attend may
be present at the hearing. The patient may designate interested
persons to receive notice by providing the names and addresses
to the commissioner at least 21 days before the hearing. The
board shall provide the commissioner with written findings of
fact and recommendations within 21 days of the hearing. The
commissioner shall issue an order no later than 14 days after
receiving the recommendation of the special review board. A
copy of the order shall be sent by certified mail to every
person entitled to statutory notice of the hearing within five
days after it is signed. No order by the commissioner shall be
effective sooner than 30 days after the order is signed, unless
the county attorney, the patient, and the commissioner agree
that it may become effective sooner.

(c) The special review board shall hold a hearing on each
petition prior to making its recommendation to the
commissioner. The special review board proceedings are not
contested cases as defined in chapter 14. Any person or agency
receiving notice that submits documentary evidence to the
special review board prior to the hearing shall also provide
copies to the patient, the patient's counsel, the county
attorney of the county of commitment, the case manager, and the
commissioner.

(d) Prior to the final decision by the commissioner, the
special review board may be reconvened to consider events or
circumstances that occurred subsequent to the hearing.

new text begin (e) In making their recommendations and order, the special
review board and commissioner must consider any statements
received from victims under subdivision 5a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 9.

Minnesota Statutes 2004, section 253B.18, is
amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Victim notification of petition and release;
right to submit statement. new text end

new text begin (a) As used in this subdivision:
new text end

new text begin (1) "crime" has the meaning given to "violent crime" in
section 609.1095, and includes criminal sexual conduct in the
fifth degree and offenses within the definition of "crime
against the person" in section 253B.02, subdivision 4a, and also
includes offenses listed in section 253B.02, subdivision 7a,
paragraph (b), regardless of whether they are sexually
motivated;
new text end

new text begin (2) "victim" means a person who has incurred loss or harm
as a result of a crime the behavior for which forms the basis
for a commitment under this section or section 253B.185; and
new text end

new text begin (3) "convicted" and "conviction" have the meanings given in
section 609.02, subdivision 5, and also include juvenile court
adjudications, findings under Minnesota Rules of Criminal
Procedure, Rule 20.02, that the elements of a crime have been
proved, and findings in commitment cases under this section or
section 253B.185 that an act or acts constituting a crime
occurred.
new text end

new text begin (b) A county attorney who files a petition to commit a
person under this section or section 253B.185 shall make a
reasonable effort to provide prompt notice of filing the
petition to any victim of a crime for which the person was
convicted. In addition, the county attorney shall make a
reasonable effort to promptly notify the victim of the
resolution of the petition.
new text end

new text begin (c) Before provisionally discharging, discharging, granting
pass-eligible status, approving a pass plan, or otherwise
permanently or temporarily releasing a person committed under
this section or section 253B.185 from a treatment facility, the
head of the treatment facility shall make a reasonable effort to
notify any victim of a crime for which the person was convicted
that the person may be discharged or released and that the
victim has a right to submit a written statement regarding
decisions of the medical director, special review board, or
commissioner with respect to the person. To the extent
possible, the notice must be provided at least 14 days before
any special review board hearing or before a determination on a
pass plan.
new text end

new text begin (d) This subdivision applies only to victims who have
requested notification by contacting, in writing, the county
attorney in the county where the conviction for the crime
occurred. A county attorney who receives a request for
notification under this paragraph shall promptly forward the
request to the commissioner of human services.
new text end

new text begin (e) The rights under this subdivision are in addition to
rights available to a victim under chapter 611A. This provision
does not give a victim all the rights of a "notified person" or
a person "entitled to statutory notice" under subdivision 4a,
4b, or 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 10.

new text begin [609.3456] USE OF POLYGRAPHS FOR SEX OFFENDERS
ON PROBATION OR CONDITIONAL RELEASE.
new text end

new text begin (a) A court may order as an intermediate sanction under
section 609.135 and the commissioner of corrections may order as
a condition of release under section 244.05 or 609.3455 that an
offender under supervision for a sex offense submit to
polygraphic examinations to ensure compliance with the terms of
probation or conditions of release.
new text end

new text begin (b) The court or commissioner may order the offender to pay
all or a portion of the costs of the examinations. The fee may
be waived if the offender is indigent or if payment would result
in an economic hardship to the offender's immediate family.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 11. new text begin PROTOCOL ON USE OF POLYGRAPHS.
new text end

new text begin By September 1, 2005, the chief justice of the Supreme
Court, in consultation with the Conference of Chief Judges, is
requested to develop a protocol for the use of polygraphic
examinations for sex offenders placed on probation under
Minnesota Statutes, section 609.3456. This protocol shall be
distributed to judges across the state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 12. new text begin SUPREME COURT STUDY ON SEXUALLY DANGEROUS PERSON
AND SEXUAL PSYCHOPATHIC PERSONALITY CIVIL COMMITMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Minnesota Supreme
Court is requested to study the following related to the civil
commitment of sexually dangerous persons and sexual psychopathic
personalities under Minnesota Statutes, section 253B.185:
new text end

new text begin (1) the development and use of a statewide panel of defense
attorneys to represent those persons after a commitment petition
is filed; and
new text end

new text begin (2) the development and use of a statewide panel of judges
to hear these petitions.
new text end

new text begin Subd. 2. new text end

new text begin Report. new text end

new text begin The Supreme Court shall report its
findings and recommendations to the chairs and ranking minority
members of the house of representatives and senate committees
and divisions having jurisdiction over criminal justice and
civil law policy and funding by February 1, 2006.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 13. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall change all references to
section 243.166, subdivision 1, in Minnesota Statutes to section
243.166. In addition, the revisor shall make other technical
changes necessitated by this article.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 243.166, subdivisions 1
and 8, are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

ARTICLE 3

LEGISLATIVE AUDITOR'S RECOMMENDED CHANGES

Section 1.

Minnesota Statutes 2004, section 241.06, is
amended to read:

241.06 RECORD OF INMATES; DEPARTMENT OF CORRECTIONS.

new text begin Subdivision 1. new text end

new text begin General. new text end

The commissioner of corrections
shall keep in the commissioner's office, accessible only by the
commissioner's consent or on the order of a judge or court of
record, a record showing the residence, sex, age, nativity,
occupation, civil condition, and date of entrance or commitment
of every person, inmate, or convict in the facilities under the
commissioner's exclusive control, the date of discharge and
whether such discharge was final, the condition of such person
when the person left the facility, and the date and cause of all
deaths. The records shall state every transfer from one
facility to another, naming each. This information shall be
furnished to the commissioner of corrections by each facility,
with such other obtainable facts as the commissioner may from
time to time require. The chief executive officer of each such
facility, within ten days after the commitment or entrance
thereto of a person, inmate, or convict, shall cause a true copy
of the entrance record to be forwarded to the commissioner of
corrections. When a person, inmate, or convict leaves, is
discharged or transferred, or dies in any facility, the chief
executive officer, or other person in charge shall inform the
commissioner of corrections within ten days thereafter on forms
furnished by the commissioner.

The commissioner of corrections may authorize the chief
executive officer of any facility under the commissioner's
control to release to probation officers, local social services
agencies or other specifically designated interested persons or
agencies any information regarding any person, inmate, or
convict thereat, if, in the opinion of the commissioner, it will
be for the benefit of the person, inmate, or convict.

new text begin Subd. 2. new text end

new text begin Sex offender information provided to supervising
corrections agency. new text end

new text begin When an offender who is required to
register as a predatory offender under section 243.166 is being
released from prison, the commissioner shall provide to the
corrections agency that will supervise the offender, the
offender's prison records relating to psychological assessments,
medical and mental health issues, and treatment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 241.67,
subdivision 7, is amended to read:

Subd. 7.

Funding priority; program effectiveness.

(a)
Unless otherwise directed by the terms of a particular
appropriations provision, the commissioner shall give priority
to the funding of juvenile sex offender programs over the
funding of adult sex offender programs.

(b) Every county or private sex offender program deleted text begin that seeks
new or continued state funding or reimbursement deleted text end shall provide
the commissioner with any information relating to the program's
effectiveness that the commissioner considers necessary. The
commissioner shall deny state funding or reimbursement to any
county or private program that fails to provide this information
or that appears to be an ineffective program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 3.

Minnesota Statutes 2004, section 241.67,
subdivision 8, is amended to read:

Subd. 8.

Community-based sex offender program evaluation
deleted text begin project deleted text end .

(a) For the purposes of this deleted text begin project deleted text end new text begin subdivision new text end , a
sex offender is an adult who has been convicted, or a juvenile
who has been adjudicated, for a sex offense or a sex-related
offense which would require registration under section 243.166.

(b) The commissioner shall deleted text begin develop a long-term project to
accomplish the following deleted text end :

(1) deleted text begin provide deleted text end new text begin collect new text end follow-up information on each sex
offender for a period of three years following the offender's
completion of or termination from treatment new text begin for the purpose of
providing periodic reports to the legislature new text end ;

(2) provide treatment programs in several geographical
areas in the state;

(3) provide the necessary data to form the basis to
recommend a fiscally sound plan to provide a coordinated
statewide system of effective sex offender treatment
programming; and

(4) provide an opportunity to local and regional
governments, agencies, and programs to establish models of sex
offender programs that are suited to the needs of that region.

(c) The commissioner shall establish an advisory task force
consisting of county probation officers from Community
Corrections Act counties and other counties, court services
providers, and other interested officials. The commissioner
shall consult with the task force deleted text begin concerning the establishment
and operation of the project deleted text end new text begin on how best to implement the
requirements of this subdivision new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 4.

Minnesota Statutes 2004, section 243.166, is
amended by adding a subdivision to read:

new text begin Subd. 4b. new text end

new text begin Health care facility; notice of status. new text end

new text begin (a) As
used in this subdivision, "health care facility" means a
hospital or other entity licensed under sections 144.50 to
144.58, a nursing home licensed to serve adults under section
144A.02, or a group residential housing facility or an
intermediate care facility for the mentally retarded licensed
under chapter 245A.
new text end

new text begin (b) Upon admittance to a health care facility, a person
required to register under this section shall disclose to:
new text end

new text begin (1) the health care facility employee processing the
admission the person's status as a registered predatory offender
under this section; and
new text end

new text begin (2) the person's corrections agent, or if the person does
not have an assigned corrections agent, the law enforcement
authority with whom the person is currently required to
register, that inpatient admission has occurred.
new text end

new text begin (c) A law enforcement authority or corrections agent who
receives notice under paragraph (b) or who knows that a person
required to register under this section has been admitted and is
receiving health care at a health care facility shall notify the
administrator of the facility.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to persons who are subject to predatory offender
registration on or after that date.
new text end

Sec. 5.

new text begin [244.056] SEX OFFENDER SEEKING HOUSING IN
JURISDICTION OF DIFFERENT CORRECTIONS AGENCY.
new text end

new text begin If a corrections agency supervising an offender who is
required to register as a predatory offender under section
243.166 and who is classified by the department as a public risk
monitoring case has knowledge that the offender is seeking
housing arrangements in a location under the jurisdiction of
another corrections agency, the agency shall notify the other
agency of this and initiate a supervision transfer request.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 6.

new text begin [244.057] PLACEMENT OF SEX OFFENDER IN HOUSEHOLD
WITH CHILDREN.
new text end

new text begin A corrections agency supervising an offender required to
register as a predatory offender under section 243.166 shall
notify the appropriate child protection agency before
authorizing the offender to live in a household where children
are residing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 7.

Minnesota Statutes 2004, section 609.3452,
subdivision 1, is amended to read:

Subdivision 1.

Assessment required.

When a person is
convicted of a sex offense, the court shall order an independent
professional assessment of the offender's need for sex offender
treatment new text begin to be completed before sentencing new text end . The court may
waive the assessment if: (1) the Sentencing Guidelines provide
a presumptive prison sentence for the offender, or (2) an
adequate assessment was conducted prior to the conviction. An
assessor providing an assessment for the court must be
experienced in the evaluation and treatment of sex offenders.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 8.

Minnesota Statutes 2004, section 626.556,
subdivision 3, is amended to read:

Subd. 3.

Persons mandated to report.

(a) A person who
knows or has reason to believe a child is being neglected or
physically or sexually abused, as defined in subdivision 2, or
has been neglected or physically or sexually abused within the
preceding three years, shall immediately report the information
to the local welfare agency, agency responsible for assessing or
investigating the report, police department, or the county
sheriff if the person is:

(1) a professional or professional's delegate who is
engaged in the practice of the healing arts, social services,
hospital administration, psychological or psychiatric treatment,
child care, education, new text begin correctional supervision, new text end or law
enforcement; or

(2) employed as a member of the clergy and received the
information while engaged in ministerial duties, provided that a
member of the clergy is not required by this subdivision to
report information that is otherwise privileged under section
595.02, subdivision 1, paragraph (c).

The police department or the county sheriff, upon receiving
a report, shall immediately notify the local welfare agency or
agency responsible for assessing or investigating the report,
orally and in writing. The local welfare agency, or agency
responsible for assessing or investigating the report, upon
receiving a report, shall immediately notify the local police
department or the county sheriff orally and in writing. The
county sheriff and the head of every local welfare agency,
agency responsible for assessing or investigating reports, and
police department shall each designate a person within their
agency, department, or office who is responsible for ensuring
that the notification duties of this paragraph and paragraph (b)
are carried out. Nothing in this subdivision shall be construed
to require more than one report from any institution, facility,
school, or agency.

(b) Any person may voluntarily report to the local welfare
agency, agency responsible for assessing or investigating the
report, police department, or the county sheriff if the person
knows, has reason to believe, or suspects a child is being or
has been neglected or subjected to physical or sexual abuse.
The police department or the county sheriff, upon receiving a
report, shall immediately notify the local welfare agency or
agency responsible for assessing or investigating the report,
orally and in writing. The local welfare agency or agency
responsible for assessing or investigating the report, upon
receiving a report, shall immediately notify the local police
department or the county sheriff orally and in writing.

(c) A person mandated to report physical or sexual child
abuse or neglect occurring within a licensed facility shall
report the information to the agency responsible for licensing
the facility under sections 144.50 to 144.58; 241.021; 245A.01
to 245A.16; or chapter 245B; or a nonlicensed personal care
provider organization as defined in sections 256B.04,
subdivision 16; and 256B.0625, subdivision 19. A health or
corrections agency receiving a report may request the local
welfare agency to provide assistance pursuant to subdivisions
10, 10a, and 10b. A board or other entity whose licensees
perform work within a school facility, upon receiving a
complaint of alleged maltreatment, shall provide information
about the circumstances of the alleged maltreatment to the
commissioner of education. Section 13.03, subdivision 4,
applies to data received by the commissioner of education from a
licensing entity.

(d) Any person mandated to report shall receive a summary
of the disposition of any report made by that reporter,
including whether the case has been opened for child protection
or other services, or if a referral has been made to a community
organization, unless release would be detrimental to the best
interests of the child. Any person who is not mandated to
report shall, upon request to the local welfare agency, receive
a concise summary of the disposition of any report made by that
reporter, unless release would be detrimental to the best
interests of the child.

(e) For purposes of this subdivision, "immediately" means
as soon as possible but in no event longer than 24 hours.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 9. new text begin WORKING GROUP ON SEX OFFENDER MANAGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Working group established. new text end

new text begin The
commissioner of corrections shall convene a working group of
individuals knowledgeable in the supervision and treatment of
sex offenders. The group must include individuals from both
inside and outside of the Department of Corrections. The
commissioner shall ensure broad representation in the group,
including representatives from all three probation systems and
from diverse parts of the state. The working group shall study
and make recommendations on the issues listed in this section.
To the degree feasible, the group shall consider how these
issues are addressed in other states.
new text end

new text begin Subd. 2. new text end

new text begin Issues to be studied. new text end

new text begin The working group shall
review and make recommendations on:
new text end

new text begin (1) statewide standards regarding the minimum frequency of
in-person contacts between sex offenders and their correctional
agents, including, but not limited to, home visits;
new text end

new text begin (2) a model set of special conditions of sex offender
supervision that can be used by courts and corrections agencies
throughout Minnesota;
new text end

new text begin (3) statewide standards regarding the documentation by
correctional agents of their supervision activities;
new text end

new text begin (4) standards to provide corrections agencies with guidance
regarding sex offender assessment practices;
new text end

new text begin (5) policies that encourage sentencing conditions and
prison release plans to clearly distinguish between sex offender
treatment programs and other types of programs and services and
to clearly specify which type of program the offender is
required to complete;
new text end

new text begin (6) ways to improve the Department of Corrections' prison
release planning practices for sex offenders;
new text end

new text begin (7) methods and timetables for periodic external reviews of
sex offender supervision practices;
new text end

new text begin (8) statewide standards for the use of polygraphs by
corrections agencies and sex offender treatment programs;
new text end

new text begin (9) statewide standards specifying basic program elements
for community-based sex offender treatment programs, including,
but not limited to, staff qualifications, case planning, use of
polygraphs, and progress reports prepared for supervising
agencies;
new text end

new text begin (10) a statewide protocol on the sharing of sex offender
information between corrections agencies and child protection
agencies in situations where offenders are placed in households
where children reside; and
new text end

new text begin (11) any other issues related to sex offender treatment and
management that the working group deems appropriate.
new text end

new text begin Subd. 3. new text end

new text begin Review of new laws. new text end

new text begin The working group shall
also review the provisions of any laws enacted in 2005 relating
to sex offender supervision and treatment. The group shall make
recommendations on whether any changes to these provisions
should be considered by the legislature.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin By February 15, 2006, the working group
shall report its recommendations to the chairs and ranking
minority members of the senate and house committees having
jurisdiction over criminal justice policy.
new text end

new text begin Subd. 5. new text end

new text begin Policies required. new text end

new text begin After considering the
recommendations of the working group, the commissioner of
corrections shall implement policies and standards relating to
the issues described in subdivision 2 over which the
commissioner has jurisdiction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 10. new text begin PRISON-BASED SEX OFFENDER TREATMENT PROGRAMS;
REPORT.
new text end

new text begin By February 1, 2006, the commissioner of corrections shall
report to the chairs and ranking minority members of the senate
and house committees having jurisdiction over criminal justice
policy on prison-based sex offender treatment programs. The
report must:
new text end

new text begin (1) examine options for increasing the number of inmates
participating in these programs;
new text end

new text begin (2) examine the adequacy of funding for these programs;
new text end

new text begin (3) examine options for treating inmates who have limited
periods of time remaining in their terms of imprisonment;
new text end

new text begin (4) examine the merits and limitations of extending an
inmate's term of imprisonment for refusing to participate in
treatment; and
new text end

new text begin (5) examine any other related issues deemed relevant by the
commissioner.
new text end

ARTICLE 4

SEX OFFENDERS:
TECHNICAL AND CONFORMING CHANGES

Section 1.

Minnesota Statutes 2004, section 14.03,
subdivision 3, is amended to read:

Subd. 3.

Rulemaking procedures.

(a) The definition of a
rule in section 14.02, subdivision 4, does not include:

(1) rules concerning only the internal management of the
agency or other agencies that do not directly affect the rights
of or procedures available to the public;

(2) an application deadline on a form; and the remainder of
a form and instructions for use of the form to the extent that
they do not impose substantive requirements other than
requirements contained in statute or rule;

(3) the curriculum adopted by an agency to implement a
statute or rule permitting or mandating minimum educational
requirements for persons regulated by an agency, provided the
topic areas to be covered by the minimum educational
requirements are specified in statute or rule;

(4) procedures for sharing data among government agencies,
provided these procedures are consistent with chapter 13 and
other law governing data practices.

(b) The definition of a rule in section 14.02, subdivision
4, does not include:

(1) rules of the commissioner of corrections relating to
the new text begin release, new text end placement new text begin , term, new text end and supervision of inmates serving
a supervised release new text begin or conditional release new text end term, the internal
management of institutions under the commissioner's control, and
rules adopted under section 609.105 governing the inmates of
those institutions;

(2) rules relating to weight limitations on the use of
highways when the substance of the rules is indicated to the
public by means of signs;

(3) opinions of the attorney general;

(4) the data element dictionary and the annual data
acquisition calendar of the Department of Education to the
extent provided by section 125B.07;

(5) the occupational safety and health standards provided
in section 182.655;

(6) revenue notices and tax information bulletins of the
commissioner of revenue;

(7) uniform conveyancing forms adopted by the commissioner
of commerce under section 507.09; or

(8) the interpretive guidelines developed by the
commissioner of human services to the extent provided in chapter
245A.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 244.05,
subdivision 7, is amended to read:

Subd. 7.

Sex offenders; civil commitment determination.

(a) Before the commissioner releases from prison any inmate
convicted under deleted text begin sections deleted text end new text begin section new text end 609.342 deleted text begin to deleted text end new text begin , 609.343, 609.344,
new text end 609.345 new text begin , or 609.3453, new text end or sentenced as a patterned offender under
section 609.108, and determined by the commissioner to be in a
high risk category, the commissioner shall make a preliminary
determination whether, in the commissioner's opinion, a petition
under section 253B.185 may be appropriate.

(b) In making this decision, the commissioner shall have
access to the following data only for the purposes of the
assessment and referral decision:

(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;

(2) private and confidential court services data under
section 13.84;

(3) private and confidential corrections data under section
13.85; and

(4) private criminal history data under section 13.87.

(c) If the commissioner determines that a petition may be
appropriate, the commissioner shall forward this determination,
along with a summary of the reasons for the determination, to
the county attorney in the county where the inmate was convicted
no later than 12 months before the inmate's release date. If
the inmate is received for incarceration with fewer than 12
months remaining in the inmate's term of imprisonment, or if the
commissioner receives additional information less than 12 months
before release which makes the inmate's case appropriate for
referral, the commissioner shall forward the determination as
soon as is practicable. Upon receiving the commissioner's
preliminary determination, the county attorney shall proceed in
the manner provided in section 253B.185. The commissioner shall
release to the county attorney all requested documentation
maintained by the department.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 244.052,
subdivision 3, is amended to read:

Subd. 3.

End-of-confinement review committee.

(a) The
commissioner of corrections shall establish and administer
end-of-confinement review committees at each state correctional
facility and at each state treatment facility where predatory
offenders are confined. The committees shall assess on a
case-by-case basis the public risk posed by predatory offenders
who are about to be released from confinement.

(b) Each committee shall be a standing committee and shall
consist of the following members appointed by the commissioner:

(1) the chief executive officer or head of the correctional
or treatment facility where the offender is currently confined,
or that person's designee;

(2) a law enforcement officer;

(3) a treatment professional who is trained in the
assessment of sex offenders;

(4) a caseworker experienced in supervising sex offenders;
and

(5) a victim's services professional.

Members of the committee, other than the facility's chief
executive officer or head, shall be appointed by the
commissioner to two-year terms. The chief executive officer or
head of the facility or designee shall act as chair of the
committee and shall use the facility's staff, as needed, to
administer the committee, obtain necessary information from
outside sources, and prepare risk assessment reports on
offenders.

(c) The committee shall have access to the following data
on a predatory offender only for the purposes of its assessment
and to defend the committee's risk assessment determination upon
administrative review under this section:

(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;

(2) private and confidential court services data under
section 13.84;

(3) private and confidential corrections data under section
13.85; and

(4) private criminal history data under section 13.87.

Data collected and maintained by the committee under this
paragraph may not be disclosed outside the committee, except as
provided under section 13.05, subdivision 3 or 4. The predatory
offender has access to data on the offender collected and
maintained by the committee, unless the data are confidential
data received under this paragraph.

(d)(i) Except as otherwise provided in deleted text begin item deleted text end new text begin items new text end (ii) new text begin ,
(iii), and (iv) new text end , at least 90 days before a predatory offender is
to be released from confinement, the commissioner of corrections
shall convene the appropriate end-of-confinement review
committee for the purpose of assessing the risk presented by the
offender and determining the risk level to which the offender
shall be assigned under paragraph (e). The offender and the law
enforcement agency that was responsible for the charge resulting
in confinement shall be notified of the time and place of the
committee's meeting. The offender has a right to be present and
be heard at the meeting. The law enforcement agency may provide
material in writing that is relevant to the offender's risk
level to the chair of the committee. The committee shall use
the risk factors described in paragraph (g) and the risk
assessment scale developed under subdivision 2 to determine the
offender's risk assessment score and risk level. Offenders
scheduled for release from confinement shall be assessed by the
committee established at the facility from which the offender is
to be released.

(ii) If an offender is received for confinement in a
facility with less than 90 days remaining in the offender's term
of confinement, the offender's risk shall be assessed at the
first regularly scheduled end of confinement review committee
that convenes after the appropriate documentation for the risk
assessment is assembled by the committee. The commissioner
shall make reasonable efforts to ensure that offender's risk is
assessed and a risk level is assigned or reassigned at least 30
days before the offender's release date.

new text begin (iii) If the offender is subject to a mandatory life
sentence under section 609.342, subdivision 2, paragraph (b), or
609.3455, the commissioner of corrections shall convene the
appropriate end-of-confinement review committee at least nine
months before the offender's minimum term of imprisonment has
been served. If the offender is received for confinement in a
facility with less than nine months remaining before the
offender's minimum term of imprisonment has been served, the
committee shall conform its procedures to those outlined in item
(ii) to the extent practicable.
new text end

new text begin (iv) If the offender is granted supervised release, the
commissioner of corrections shall notify the appropriate
end-of-confinement review committee that it needs to review the
offender's previously determined risk level at its next
regularly scheduled meeting. The commissioner shall make
reasonable efforts to ensure that the offender's earlier risk
level determination is reviewed and the risk level is confirmed
or reassigned at least 60 days before the offender's release
date. The committee shall give the report to the offender and
to the law enforcement agency at least 60 days before an
offender is released from confinement.
new text end

(e) The committee shall assign to risk level I a predatory
offender whose risk assessment score indicates a low risk of
reoffense. The committee shall assign to risk level II an
offender whose risk assessment score indicates a moderate risk
of reoffense. The committee shall assign to risk level III an
offender whose risk assessment score indicates a high risk of
reoffense.

(f) Before the predatory offender is released from
confinement, the committee shall prepare a risk assessment
report which specifies the risk level to which the offender has
been assigned and the reasons underlying the committee's risk
assessment decision. new text begin Except for an offender subject to a
mandatory life sentence under section 609.342, subdivision 2,
paragraph (b), or 609.3455, who has not been granted supervised
release, new text end the committee shall give the report to the offender and
to the law enforcement agency at least 60 days before an
offender is released from confinement. new text begin If the offender is
subject to a mandatory life sentence and has not yet served the
entire minimum term of imprisonment, the committee shall give
the report to the offender and to the commissioner at least six
months before the offender is first eligible for release. new text end If
the risk assessment is performed under the circumstances
described in paragraph (d), item (ii), the report shall be given
to the offender and the law enforcement agency as soon as it is
available. The committee also shall inform the offender of the
availability of review under subdivision 6.

(g) As used in this subdivision, "risk factors" includes,
but is not limited to, the following factors:

(1) the seriousness of the offense should the offender
reoffend. This factor includes consideration of the following:

(i) the degree of likely force or harm;

(ii) the degree of likely physical contact; and

(iii) the age of the likely victim;

(2) the offender's prior offense history. This factor
includes consideration of the following:

(i) the relationship of prior victims to the offender;

(ii) the number of prior offenses or victims;

(iii) the duration of the offender's prior offense history;

(iv) the length of time since the offender's last prior
offense while the offender was at risk to commit offenses; and

(v) the offender's prior history of other antisocial acts;

(3) the offender's characteristics. This factor includes
consideration of the following:

(i) the offender's response to prior treatment efforts; and

(ii) the offender's history of substance abuse;

(4) the availability of community supports to the offender.
This factor includes consideration of the following:

(i) the availability and likelihood that the offender will
be involved in therapeutic treatment;

(ii) the availability of residential supports to the
offender, such as a stable and supervised living arrangement in
an appropriate location;

(iii) the offender's familial and social relationships,
including the nature and length of these relationships and the
level of support that the offender may receive from these
persons; and

(iv) the offender's lack of education or employment
stability;

(5) whether the offender has indicated or credible evidence
in the record indicates that the offender will reoffend if
released into the community; and

(6) whether the offender demonstrates a physical condition
that minimizes the risk of reoffense, including but not limited
to, advanced age or a debilitating illness or physical condition.

(h) Upon the request of the law enforcement agency or the
offender's corrections agent, the commissioner may reconvene the
end-of-confinement review committee for the purpose of
reassessing the risk level to which an offender has been
assigned under paragraph (e). In a request for a reassessment,
the law enforcement agency which was responsible for the charge
resulting in confinement or agent shall list the facts and
circumstances arising after the initial assignment or facts and
circumstances known to law enforcement or the agent but not
considered by the committee under paragraph (e) which support
the request for a reassessment. The request for reassessment by
the law enforcement agency must occur within 30 days of receipt
of the report indicating the offender's risk level assignment.
The offender's corrections agent, in consultation with the chief
law enforcement officer in the area where the offender resides
or intends to reside, may request a review of a risk level at
any time if substantial evidence exists that the offender's risk
level should be reviewed by an end-of-confinement review
committee. This evidence includes, but is not limited to,
evidence of treatment failures or completions, evidence of
exceptional crime-free community adjustment or lack of
appropriate adjustment, evidence of substantial community need
to know more about the offender or mitigating circumstances that
would narrow the proposed scope of notification, or other
practical situations articulated and based in evidence of the
offender's behavior while under supervision. Upon review of the
request, the end-of-confinement review committee may reassign an
offender to a different risk level. If the offender is
reassigned to a higher risk level, the offender has the right to
seek review of the committee's determination under subdivision 6.

(i) An offender may request the end-of-confinement review
committee to reassess the offender's assigned risk level after
three years have elapsed since the committee's initial risk
assessment and may renew the request once every two years
following subsequent denials. In a request for reassessment,
the offender shall list the facts and circumstances which
demonstrate that the offender no longer poses the same degree of
risk to the community. In order for a request for a risk level
reduction to be granted, the offender must demonstrate full
compliance with supervised release conditions, completion of
required post-release treatment programming, and full compliance
with all registration requirements as detailed in section
243.166. The offender must also not have been convicted of any
felony, gross misdemeanor, or misdemeanor offenses subsequent to
the assignment of the original risk level. The committee shall
follow the process outlined in paragraphs (a) to (c) in the
reassessment. An offender who is incarcerated may not request a
reassessment under this paragraph.

(j) Offenders returned to prison as release violators shall
not have a right to a subsequent risk reassessment by the
end-of-confinement review committee unless substantial evidence
indicates that the offender's risk to the public has increased.

(k) The commissioner shall establish an end-of-confinement
review committee to assign a risk level to offenders who are
released from a federal correctional facility in Minnesota or
another state and who intend to reside in Minnesota, and to
offenders accepted from another state under a reciprocal
agreement for parole supervision under the interstate compact
authorized by section 243.16. The committee shall make
reasonable efforts to conform to the same timelines as applied
to Minnesota cases. Offenders accepted from another state under
a reciprocal agreement for probation supervision are not
assigned a risk level, but are considered downward dispositional
departures. The probation or court services officer and law
enforcement officer shall manage such cases in accordance with
section 244.10, subdivision 2a. The policies and procedures of
the committee for federal offenders and interstate compact cases
must be in accordance with all requirements as set forth in this
section, unless restrictions caused by the nature of federal or
interstate transfers prevents such conformance.

(l) If the committee assigns a predatory offender to risk
level III, the committee shall determine whether residency
restrictions shall be included in the conditions of the
offender's release based on the offender's pattern of offending
behavior.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 609.109,
subdivision 2, is amended to read:

Subd. 2.

Presumptive executed sentence.

Except as
provided in subdivision 3 or 4, if a person is convicted under
sections 609.342 to deleted text begin 609.345 deleted text end new text begin 609.3453 new text end , within 15 years of a
previous sex offense conviction, the court shall commit the
defendant to the commissioner of corrections for not less than
three years, nor more than the maximum sentence provided by law
for the offense for which convicted, notwithstanding the
provisions of sections 242.19, 243.05, 609.11, 609.12, and
609.135. The court may stay the execution of the sentence
imposed under this subdivision only if it finds that a
professional assessment indicates the offender is accepted by
and can respond to treatment at a long-term inpatient program
exclusively treating sex offenders and approved by the
commissioner of corrections. If the court stays the execution
of a sentence, it shall include the following as conditions of
probation:

(1) incarceration in a local jail or workhouse; and

(2) a requirement that the offender successfully complete
the treatment program and aftercare as directed by the court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 609.109,
subdivision 5, is amended to read:

Subd. 5.

Previous sex offense convictions.

For the
purposes of this section, a conviction is considered a previous
sex offense conviction if the person was convicted of a sex
offense before the commission of the present offense of
conviction. A person has two previous sex offense convictions
only if the person was convicted and sentenced for a sex offense
committed after the person was earlier convicted and sentenced
for a sex offense, both convictions preceded the commission of
the present offense of conviction, and 15 years have not elapsed
since the person was discharged from the sentence imposed for
the second conviction. A "sex offense" is a violation of
sections 609.342 to deleted text begin 609.345 deleted text end new text begin 609.3453 new text end or any similar statute of
the United States, this state, or any other state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 609.117,
subdivision 1, is amended to read:

Subdivision 1.

Upon sentencing.

The court shall order an
offender to provide a biological specimen for the purpose of DNA
analysis as defined in section 299C.155 when:

(1) the court sentences a person charged with violating or
attempting to violate any of the following, and the person is
convicted of that offense or of any offense arising out of the
same set of circumstances:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3451, subdivision 3 new text begin , or
609.3453 new text end ;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3;

(2) the court sentences a person as a patterned sex
offender under section 609.108; or

(3) the juvenile court adjudicates a person a delinquent
child who is the subject of a delinquency petition for violating
or attempting to violate any of the following, and the
delinquency adjudication is based on a violation of one of those
sections or of any offense arising out of the same set of
circumstances:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3451, subdivision 3 new text begin , or
609.3453 new text end ;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3.

The biological specimen or the results of the analysis shall be
maintained by the Bureau of Criminal Apprehension as provided in
section 299C.155.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 609.117,
subdivision 2, is amended to read:

Subd. 2.

Before release.

The commissioner of corrections
or local corrections authority shall order a person to provide a
biological specimen for the purpose of DNA analysis before
completion of the person's term of imprisonment when the person
has not provided a biological specimen for the purpose of DNA
analysis and the person:

(1) is currently serving a term of imprisonment for or has
a past conviction for violating or attempting to violate any of
the following or a similar law of another state or the United
States or initially charged with violating one of the following
sections or a similar law of another state or the United States
and convicted of another offense arising out of the same set of
circumstances:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3451, subdivision 3 new text begin , or
609.3453 new text end ;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3;
or

(2) was sentenced as a patterned sex offender under section
609.108, and committed to the custody of the commissioner of
corrections; or

(3) is serving a term of imprisonment in this state under a
reciprocal agreement although convicted in another state of an
offense described in this subdivision or a similar law of the
United States or any other state. The commissioner of
corrections or local corrections authority shall forward the
sample to the Bureau of Criminal Apprehension.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 609.1351, is
amended to read:

609.1351 PETITION FOR CIVIL COMMITMENT.

When a court sentences a person under section 609.108,
609.342, 609.343, 609.344, deleted text begin or deleted text end 609.345, new text begin or 609.3453, new text end the court
shall make a preliminary determination whether in the court's
opinion a petition under section 253B.185 may be appropriate and
include the determination as part of the sentencing order. If
the court determines that a petition may be appropriate, the
court shall forward its preliminary determination along with
supporting documentation to the county attorney.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2004, section 609.347, is
amended to read:

609.347 EVIDENCE new text begin IN CRIMINAL SEXUAL CONDUCT CASES new text end .

Subdivision 1. In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451 new text begin , or 609.3453 new text end , the testimony of a victim need
not be corroborated.

Subd. 2. In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451, new text begin or 609.3453, new text end there is no need to show that
the victim resisted the accused.

Subd. 3. In a prosecution under sections 609.109, 609.342
to 609.3451, new text begin 609.3453, new text end or 609.365, evidence of the victim's
previous sexual conduct shall not be admitted nor shall any
reference to such conduct be made in the presence of the jury,
except by court order under the procedure provided in
subdivision 4. The evidence can be admitted only if the
probative value of the evidence is not substantially outweighed
by its inflammatory or prejudicial nature and only in the
circumstances set out in paragraphs (a) and (b). For the
evidence to be admissible under paragraph (a), subsection (i),
the judge must find by a preponderance of the evidence that the
facts set out in the accused's offer of proof are true. For the
evidence to be admissible under paragraph (a), subsection (ii)
or paragraph (b), the judge must find that the evidence is
sufficient to support a finding that the facts set out in the
accused's offer of proof are true, as provided under Rule 901 of
the Rules of Evidence.

(a) When consent of the victim is a defense in the case,
the following evidence is admissible:

(i) evidence of the victim's previous sexual conduct
tending to establish a common scheme or plan of similar sexual
conduct under circumstances similar to the case at issue. In
order to find a common scheme or plan, the judge must find that
the victim made prior allegations of sexual assault which were
fabricated; and

(ii) evidence of the victim's previous sexual conduct with
the accused.

(b) When the prosecution's case includes evidence of semen,
pregnancy, or disease at the time of the incident or, in the
case of pregnancy, between the time of the incident and trial,
evidence of specific instances of the victim's previous sexual
conduct is admissible solely to show the source of the semen,
pregnancy, or disease.

Subd. 4. The accused may not offer evidence described in
subdivision 3 except pursuant to the following procedure:

(a) A motion shall be made by the accused at least three
business days prior to trial, unless later for good cause shown,
setting out with particularity the offer of proof of the
evidence that the accused intends to offer, relative to the
previous sexual conduct of the victim;

(b) If the court deems the offer of proof sufficient, the
court shall order a hearing out of the presence of the jury, if
any, and in such hearing shall allow the accused to make a full
presentation of the offer of proof;

(c) At the conclusion of the hearing, if the court finds
that the evidence proposed to be offered by the accused
regarding the previous sexual conduct of the victim is
admissible under subdivision 3 and that its probative value is
not substantially outweighed by its inflammatory or prejudicial
nature, the court shall make an order stating the extent to
which evidence is admissible. The accused may then offer
evidence pursuant to the order of the court;

(d) If new information is discovered after the date of the
hearing or during the course of trial, which may make evidence
described in subdivision 3 admissible, the accused may make an
offer of proof pursuant to clause (a) and the court shall order
an in camera hearing to determine whether the proposed evidence
is admissible by the standards herein.

Subd. 5. In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451 new text begin , or 609.3453 new text end , the court shall not instruct
the jury to the effect that:

(a) It may be inferred that a victim who has previously
consented to sexual intercourse with persons other than the
accused would be therefore more likely to consent to sexual
intercourse again; or

(b) The victim's previous or subsequent sexual conduct in
and of itself may be considered in determining the credibility
of the victim; or

(c) Criminal sexual conduct is a crime easily charged by a
victim but very difficult to disprove by an accused because of
the heinous nature of the crime; or

(d) The jury should scrutinize the testimony of the victim
any more closely than it should scrutinize the testimony of any
witness in any felony prosecution.

Subd. 6. (a) In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451 new text begin , or 609.3453, new text end involving a psychotherapist
and patient, evidence of the patient's personal or medical
history is not admissible except when:

(1) the accused requests a hearing at least three business
days prior to trial and makes an offer of proof of the relevancy
of the history; and

(2) the court finds that the history is relevant and that
the probative value of the history outweighs its prejudicial
value.

(b) The court shall allow the admission only of specific
information or examples of conduct of the victim that are
determined by the court to be relevant. The court's order shall
detail the information or conduct that is admissible and no
other evidence of the history may be introduced.

(c) Violation of the terms of the order is grounds for
mistrial but does not prevent the retrial of the accused.

Subd. 7.

Effect of statute on rules.

Rule 412 of the
Rules of Evidence is superseded to the extent of its conflict
with this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609.3471, is
amended to read:

609.3471 RECORDS PERTAINING TO VICTIM IDENTITY
CONFIDENTIAL.

Notwithstanding any provision of law to the contrary, no
data contained in records or reports relating to petitions,
complaints, or indictments issued pursuant to section 609.342 deleted text begin ; deleted text end new text begin ,
new text end 609.343 deleted text begin ; deleted text end new text begin , new text end 609.344 deleted text begin ; or deleted text end new text begin , new text end 609.345 new text begin , or 609.3453, new text end which
specifically identifies a victim who is a minor shall be
accessible to the public, except by order of the court. Nothing
in this section authorizes denial of access to any other data
contained in the records or reports, including the identity of
the defendant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2004, section 609.348, is
amended to read:

609.348 MEDICAL PURPOSES; EXCLUSION.

Sections 609.109 deleted text begin and deleted text end new text begin , new text end 609.342 to 609.3451 new text begin , and 609.3453 new text end do
not apply to sexual penetration or sexual contact when done for
a bona fide medical purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2004, section 609.353, is
amended to read:

609.353 JURISDICTION.

A violation or attempted violation of section 609.342,
609.343, 609.344, 609.345, 609.3451, new text begin 609.3453, new text end or 609.352 may be
prosecuted in any jurisdiction in which the violation originates
or terminates.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2004, section 631.045, is
amended to read:

631.045 EXCLUDING SPECTATORS FROM THE COURTROOM.

At the trial of a complaint or indictment for a violation
of sections 609.109, 609.341 to 609.3451, new text begin 609.3453, new text end or 617.246,
subdivision 2, when a minor under 18 years of age is the person
upon, with, or against whom the crime is alleged to have been
committed, the judge may exclude the public from the courtroom
during the victim's testimony or during all or part of the
remainder of the trial upon a showing that closure is necessary
to protect a witness or ensure fairness in the trial. The judge
shall give the prosecutor, defendant and members of the public
the opportunity to object to the closure before a closure order.
The judge shall specify the reasons for closure in an order
closing all or part of the trial. Upon closure the judge shall
only admit persons who have a direct interest in the case.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 14. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall renumber Minnesota
Statutes, section 609.3452, as Minnesota Statutes, section
609.3457, and correct cross-references. In addition, the
revisor shall delete the reference in Minnesota Statutes,
section 13.871, subdivision 3, paragraph (d), to Minnesota
Statutes, section 609.3452, and insert a reference to Minnesota
Statutes, section 609.3457. The revisor shall include a
notation in Minnesota Statutes to inform readers of the statutes
of the renumbering of section 609.3457.
new text end

new text begin (b) In addition to the specific changes described in
paragraph (a), the revisor of statutes shall make other
technical changes necessitated by this act.
new text end