SF 2736

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/23/2010 01:36pm

A bill for an act
relating to public safety; providing for indeterminate sentences and lifetime
supervision for certain first-time and repeat sex offenders, establishing a special
review panel to make release decisions regarding these offenders, and precluding
the subsequent civil commitment of these offenders; amending Minnesota
Statutes 2008, sections 244.05, subdivisions 4, 5; 609.3455.

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

Section 1.

Minnesota Statutes 2008, section 244.05, subdivision 4, is amended to read:

Subd. 4.

Minimum imprisonment, life deleted text begin sentence deleted text end new text begin and statutory maximum
sentences new text end .

(a) An inmate serving a mandatory life sentence under section 609.106 or
609.3455, subdivision 2, must not be given supervised release under this section.

(b) An inmate serving a mandatory life sentence under section 609.185, clause (3),
(5), or (6); or Minnesota Statutes 2004, section 609.109, subdivision 3, must not be given
supervised release under this section without having served a minimum term of 30 years.

(c) 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.

(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision
3 or 4, new text begin or a mandatory statutory maximum sentence under section 609.3455, subdivision
3b, new text end 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 begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 244.05, subdivision 5, is amended to read:

Subd. 5.

Supervised release, life deleted text begin sentence deleted text end new text begin and statutory maximum sentences new text end .

(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 (3), (5), or (6); deleted text begin 609.3455, subdivision 3 or 4; deleted text end 609.385; or Minnesota
Statutes 2004, section 609.109, subdivision 3, after the inmate has served the minimum
term of imprisonment specified in subdivision 4.

(b) new text begin The commissioner shall give supervised release to an inmate serving a sentence
under section 609.3455, subdivision 3, 3b, or 4, after the inmate has served the minimum
term of imprisonment specified by the court in section 609.3455, subdivision 5, when
directed to do so by the special review panel described in section 609.3455, subdivision 10.
new text end

new text begin (c) new text end 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.

deleted text begin (c) deleted text end new text begin (d) new text end 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.

deleted text begin (d) deleted text end new text begin (e) new text end When considering whether to new text begin direct the commissioner to new text end give supervised
release to an inmate serving a life sentence under section 609.3455, subdivision 3 new text begin ,
paragraph (a), new text end or 4, new text begin paragraph (a), new text end the deleted text begin commissioner deleted text end new text begin special review panel described in
section 609.3455, subdivision 10, new text end 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. The deleted text begin commissioner deleted text end new text begin panel new text end may not new text begin direct the
commissioner to new text end give supervised release to the inmate unless:

(1) while in prison:

(i) the inmate has successfully completed appropriate sex offender treatment;

(ii) the inmate has been assessed for chemical dependency needs and, if appropriate,
has successfully completed chemical dependency treatment; and

(iii) the inmate has been assessed for mental health needs and, if appropriate, has
successfully completed mental health treatment; and

(2) 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. The comprehensive plan also must include a postprison
employment or education plan for the inmate.

deleted text begin (e) deleted text end new text begin (f) 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, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2008, section 609.3455, is amended to read:

609.3455 DANGEROUS SEX OFFENDERS; LIFE new text begin AND STATUTORY
MAXIMUM new text end SENTENCES; new text begin SPECIAL REVIEW PANEL; new text end CONDITIONAL
RELEASE.

Subdivision 1.

Definitions.

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

(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, if the adult sentence has been executed.

(c) "Extreme inhumane conditions" mean situations where, either before or after
the sexual penetration or sexual contact, 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.

(d) A "heinous element" includes:

(1) the offender tortured the complainant;

(2) the offender intentionally inflicted great bodily harm upon the complainant;

(3) the offender intentionally mutilated the complainant;

(4) the offender exposed the complainant to extreme inhumane conditions;

(5) the offender was armed with a dangerous weapon or any article used or fashioned
in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
used or threatened to use the weapon or article to cause the complainant to submit;

(6) the offense involved sexual penetration or sexual contact with more than one
victim;

(7) the offense involved more than one perpetrator engaging in sexual penetration or
sexual contact with the complainant; or

(8) the offender, without the complainant's consent, removed the complainant from
one place to another and did not release the complainant in a safe place.

(e) "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.

(f) 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.

(g) 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.

(h) "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.

(i) new text begin "Special review panel" or "panel" means the special review panel described
in subdivision 10.
new text end

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

deleted text begin (j) deleted text end new text begin (k) new text end 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.

Subd. 2.

Mandatory life sentence without release; egregious first-time and
repeat offenders.

(a) Notwithstanding the statutory maximum penalty otherwise
applicable to the offense, the court shall sentence a person convicted under section
609.342, subdivision 1, paragraph new text begin (a), new text end (c), (d), (e), (f), or (h); or 609.343, subdivision 1,
paragraph new text begin (a), new text end (c), (d), (e), (f), or (h), to life without the possibility of release if:

(1) the fact finder determines that two or more heinous elements exist; or

(2) the person has a previous sex offense conviction for a violation of section
609.342, 609.343, or 609.344, and the fact finder determines that a heinous element exists
for the present offense.

(b) A fact finder may not consider a heinous element if it is an element of the
underlying specified violation of section 609.342 or 609.343. In addition, when
determining whether two or more heinous elements exist, the fact finder may not use the
same underlying facts to support a determination that more than one element exists.

Subd. 3.

Mandatory life sentence for egregious first-time offenders.

(a)
Notwithstanding the statutory maximum penalty otherwise applicable to the offense,
the court shall sentence a person to imprisonment for life if the person is convicted
under section 609.342, subdivision 1, paragraph new text begin (a), new text end (c), (d), (e), (f), or (h), or 609.343,
subdivision 1, paragraph new text begin (a), new text end (c), (d), (e), (f), or (h); and the fact finder determines that a
heinous element exists.

(b) The fact finder may not consider a heinous element if it is an element of the
underlying specified violation of section 609.342 or 609.343.

new text begin (c) Notwithstanding the statutory maximum penalty otherwise applicable to the
offense, the court shall sentence a person to imprisonment for life if the person is convicted
under section 609.342, subdivision 1, paragraph (a), or 609.343, subdivision 1, paragraph
(a), and the factfinder determines that:
new text end

new text begin (1) circumstances existed at the time of the act that caused the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;
new text end

new text begin (2) the actor was armed with a dangerous weapon or any article used or fashioned in
a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
used or threatened to use the weapon or article to cause the complainant to submit;
new text end

new text begin (3) the actor caused personal injury to the complainant, and the actor used force or
coercion to accomplish the act; or
new text end

new text begin (4) the actor was aided or abetted by one or more accomplices within the meaning of
section 609.05, and either of the following circumstances existed:
new text end

new text begin (i) an accomplice used force or coercion to cause the complainant to submit; or
new text end

new text begin (ii) an accomplice was armed with a dangerous weapon or any article used or
fashioned in a manner to lead the complainant reasonably to believe it to be a dangerous
weapon and used or threatened to use the weapon or article to cause the complainant
to submit.
new text end

Subd. 3a.

Mandatory sentence for certain engrained offenders.

(a) 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 on a person convicted of committing
or attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, or
609.3453;

(2) the fact finder determines that the offender is a danger to public safety; and

(3) the fact finder determines that the 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 beyond the presumptive
term of imprisonment and supervised release.

(b) The fact finder shall base its determination 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.

(c) As used in this section, "predatory crime" has the meaning given in section
609.341, subdivision 22.

new text begin Subd. 3b. new text end

new text begin Mandatory statutory maximum sentence for certain particularly
serious first-time offenders. new text end

new text begin The court shall sentence a person to imprisonment for
the statutory maximum period applicable to the offense if the person is convicted under
section 609.342, subdivision 1, paragraph (a), (c), (d), (e), or (f); 609.343, subdivision
1, paragraph (a), (c), (d), (e), or (f); 609.344, subdivision 1, paragraph (c); or 609.345,
subdivision 1, paragraph (c).
new text end

Subd. 4.

Mandatory life sentence; repeat offenders.

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

(1) the person has two previous sex offense convictions;

(2) the person has a previous sex offense conviction and:

(i) the fact finder determines that the present offense involved an aggravating factor
that would provide grounds for an upward durational departure under the sentencing
guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
convictions;

(ii) the person received an upward durational departure from the sentencing
guidelines for the previous sex offense conviction; or

(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for the previous sex offense conviction; or

(3) the person has two prior sex offense convictions, and the fact finder determines
that the prior convictions and present offense involved at least three separate victims, and:

(i) the fact finder determines that the present offense involved an aggravating factor
that would provide grounds for an upward durational departure under the sentencing
guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
convictions;

(ii) the person received an upward durational departure from the sentencing
guidelines for one of the prior sex offense convictions; or

(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for one of the prior sex offense convictions.

(b) new text begin Notwithstanding the statutory maximum penalty otherwise applicable to the
offense, the court shall sentence a person to imprisonment for life if the person is convicted
of violating section 609.342, subdivision 1, paragraph (a), (c), (d), (e), or (f); 609.343,
subdivision 1, paragraph (a), (c), (d), (e), or (f); 609.344, subdivision 1, paragraph (c); or
609.345, subdivision 1, paragraph (c), and the person has one or more previous or prior
sex offense convictions.
new text end

new text begin (c) new text end Notwithstanding paragraph (a), a court may not sentence a person to
imprisonment for life for a violation of section 609.345, unless the person'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, or 609.3453, or any similar statute of the
United States, this state, or any other state.

Subd. 5.

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

At the
time of sentencing under subdivision 3 new text begin , 3b, new text end or 4, 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.

Subd. 6.

Mandatory ten-year conditional release term.

Notwithstanding the
statutory maximum sentence otherwise applicable to the offense and unless a longer
conditional release term is required in subdivision 7, 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.

Subd. 7.

Mandatory lifetime conditional release term.

(a) new text begin Notwithstanding the
statutory maximum penalty applicable to the offense, new text end when a court sentences an offender
under subdivision 3 new text begin , 3b, new text end or 4, 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.

(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.

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

Subd. 8.

Terms of conditional release; applicable to all sex offenders.

(a) The
provisions of this subdivision relating to conditional release apply to all sex offenders
sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, or
609.3453. 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.

(b) 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. The commissioner shall develop a plan to pay the cost of treatment
of a person released under this subdivision. The plan may include co-payments from
offenders, third-party payers, local agencies, or other funding sources as they are identified.
This section does not require the commissioner to accept or retain an offender in a
treatment program. Before the offender is placed on conditional release, the commissioner
shall notify the sentencing court and the prosecutor in the jurisdiction where the offender
was sentenced of the terms of the offender's conditional release. The commissioner also
shall make reasonable efforts to notify the victim of the offender's crime 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.

Subd. 9.

Applicability.

The provisions of this section do not affect the applicability
of Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005,
or the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.

new text begin Subd. 10. new text end

new text begin Special review panel. new text end

new text begin A special review panel is established and is
governed by section 15.0575, except as otherwise provided in this subdivision. The panel
consists of three members of the public. The term of the public members is four years.
The governor shall appoint the public members with the advice and consent of the senate.
Public members must be knowledgable of and have demonstrated experience in criminal
justice or criminal psychology but need not be employed in the criminal justice field. The
commissioner shall convene the panel's first meeting. The panel shall elect a chair from
among its members. The panel shall meet at the call of the chair. The panel shall hear
and consider all petitions for supervised release from imprisonment under subdivision 11
and determine whether to authorize the commissioner of corrections to give supervised
release to the petitioner.
new text end

new text begin Subd. 11. new text end

new text begin Petition for release; hearing. new text end

new text begin (a) A person who was sentenced under
subdivision 3, 3b, or 4 and who has served the minimum term of imprisonment specified
by the court under subdivision 5 may petition the special review panel for supervised
release. The panel shall hold a hearing on each petition for release before making any
determination. Within 45 days of the filing of the petition, the panel shall give written
notice of the time and place of the hearing before the panel to all interested parties,
including the petitioner, the petitioner's attorney if applicable, law enforcement and
correctional personnel involved in the case, the sentencing court, the county attorney's
office that prosecuted the case, and any victims of the crime who have indicated a desire
to be notified. The hearing must be recorded and held on the record. The petitioner may
present witnesses on the petitioner's behalf. The county attorney who prosecuted the case,
the sentencing judge, law enforcement and correctional personnel involved in the case,
the victim and the victim's family members, and any other interested party may submit
a written or oral statement at the hearing addressing the appropriateness of the inmate's
release.
new text end

new text begin (b) If the panel votes to authorize the commissioner to give supervised release
to the petitioner, the commissioner may do so no later than 14 days after the panel's
determination.
new text end

new text begin (c) If the panel rejects the inmate's petition for supervised release, it shall specify
in writing the reasons for the rejection. The inmate may not petition for supervised
release again until 36 months have elapsed since the rejection, unless the panel specifies a
shorter time period.
new text end

new text begin Subd. 12. new text end

new text begin Criteria for release. new text end

new text begin (a) When considering whether to authorize the
commissioner of corrections to give supervised release to an inmate serving a sentence
under subdivision 3, paragraph (c); 3b; or 4, paragraph (b), the panel 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, the ability of
the inmate to readjust to open society, the testimony or statements of individuals with an
interest in the case made at the hearing, and any other relevant conduct of the inmate
while incarcerated or before incarceration.
new text end

new text begin (b) The panel shall make a decision on authorizing the supervised release of an
inmate sentenced under section 609.3455, subdivision 3, paragraph (a); or subdivision 4,
paragraph (a), as provided in section 244.05, subdivision 5.
new text end

new text begin (c) The commissioner shall prepare a community investigation report as described in
section 244.05, subdivision 5, paragraph (c), on an inmate who is petitioning for release
under subdivision 11.
new text end

new text begin Subd. 13. new text end

new text begin Administrative support. new text end

new text begin The Department of Corrections shall provide
office space and administrative support to the special review panel.
new text end

new text begin Subd. 14. new text end

new text begin Civil commitment precluded. new text end

new text begin A person sentenced under subdivision 3,
3b, or 4 is not subject to subsequent commitment under section 253B.185.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to crimes
committed on or after that date.
new text end

Sec. 4. new text begin SPECIAL REVIEW PANEL; TIME LINES FOR APPOINTMENTS.
new text end

new text begin The commissioner of corrections shall notify the governor at least 12 months before
the first inmate sentenced under Minnesota Statutes, section 609.3455, subdivision 3, 3b,
or 4, reaches the end of the inmate's minimum term of imprisonment specified by the
sentencing court under Minnesota Statutes, section 609.3455, subdivision 5. Within 120
days of receiving this notice, the governor shall provide the names of the governor's two
public member appointments to the special review panel to the senate.
new text end