Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 224-H.F.No. 674 
           An act relating to crimes; dictating circumstances in 
          which the court may stay execution of sentence 
          following conviction for a second or subsequent 
          offense relating to criminal sexual conduct; providing 
          that information regarding a sexual assault victim is 
          private; amending Minnesota Statutes 1986, sections 
          609.346, subdivisions 2 and 3; and 611A.06.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 609.346, 
subdivision 2, is amended to read:  
    Subd. 2.  [SUBSEQUENT OFFENSE; PENALTY.] If a person is 
convicted of a second or subsequent offense under sections 
609.342 to 609.345 within 15 years of the prior conviction, the 
court shall commit the defendant to the commissioner of 
corrections for imprisonment for a term of 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 
section 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. 
    Sec. 2.  Minnesota Statutes 1986, section 609.346, 
subdivision 3, is amended to read:  
    Subd. 3.  [PRIOR CONVICTIONS UNDER SIMILAR STATUTES.] For 
the purposes of this section, an offense is considered a second 
or subsequent offense if, prior to conviction of the second or 
subsequent actor for the offense, follows or coincides with a 
conviction of the actor has been at any time convicted under 
sections 609.342 to 609.345 or under any similar statute of the 
United States, or this or any other state. 
    Sec. 3.  Minnesota Statutes 1986, section 611A.06, is 
amended to read:  
    611A.06 [RIGHT TO NOTICE OF RELEASE.] 
    The commissioner of corrections or other custodial 
authority shall make a good faith effort to notify the victim 
that the offender is to be released from imprisonment or 
incarceration, including release on extended furlough and for 
work release, or released from a facility in which the offender 
was confined due to incompetency, mental illness, or mental 
deficiency, or commitment under section 253B.18, prior to the 
release if the victim has mailed to the commissioner of 
corrections or to the head of the facility in which the offender 
is confined a written request for this notice.  The commissioner 
or other custodial authority complies with this section upon 
mailing the notice of impending release to the victim at the 
address which the victim has most recently provided to the 
commissioner or authority in writing.  All identifying 
information regarding the victim, including the victim's request 
and the notice provided by the commissioner or custodial 
authority, is classified as private data on individuals as 
defined in section 13.02, subdivision 12, and is accessible only 
to the victim. 
    Sec. 4.  [EFFECTIVE DATE.] 
    Sections 1 to 3 are effective August 1, 1987, and apply to 
crimes committed on or after that date. 
    Approved May 26, 1987