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Minnesota Session Laws - 2001, Regular Session

Key: (1) language to be deleted (2) new language

                            CHAPTER 210-H.F.No. 1261 
                  An act relating to corrections; making various changes 
                  to laws involving the department of corrections, 
                  including clarifying the community notification law, 
                  striking and repealing obsolete and unnecessary 
                  statutory language, clarifying who may be required to 
                  pay the costs for the use of a correctional camp, 
                  allowing licensed mental health professionals to admit 
                  inmates to the mental health unit at MCF-Oak Park 
                  Heights, altering the requirements of the department's 
                  annual performance report, providing that 
                  investigation of inmate deaths be initiated by the 
                  commissioner of corrections, continuing the task force 
                  for agency purchasing from correctional agencies, 
                  creating a peer review committee in the health 
                  correctional system; authorizing the commissioner to 
                  inspect and certify juvenile facilities licensed by 
                  the department of human services; requiring the 
                  commissioners of corrections and human services to 
                  develop alternative equivalent standards for chemical 
                  dependency treatment programs for correctional 
                  facilities under certain circumstances; requiring the 
                  commissioner of corrections to contract with the 
                  commissioner of human services for background studies 
                  of individuals providing services in secure and 
                  nonsecure juvenile residential and detention 
                  facilities; making it a crime for employees, contract 
                  personnel, or volunteers of a correctional system to 
                  engage in certain sexual activities with offenders in 
                  correctional facilities; requiring a sex offender 
                  assessment for certain repeat sex offenders; 
                  authorizing HIV test results to be maintained in 
                  inmate medical records; requiring new per diem methods 
                  to be used in annual reports; amending Minnesota 
                  Statutes 2000, sections 16B.181, subdivision 2; 
                  241.016, subdivision 1; 241.018; 241.021, subdivisions 
                  1, 4, 4a, 6, by adding a subdivision; 241.67, 
                  subdivision 8; 241.69; 242.32, subdivision 1a; 243.05, 
                  subdivision 6; 243.51, subdivision 2; 243.53, 
                  subdivision 1; 244.052, subdivision 3; 244.173; 
                  244.18, subdivision 1; 390.11, subdivision 1, by 
                  adding a subdivision; 390.32, by adding a subdivision; 
                  609.341, subdivision 11; 609.344, subdivision 1; 
                  609.345, subdivision 1; 609.3452, subdivision 1, by 
                  adding subdivisions; 611A.19; Laws 1996, chapter 463, 
                  section 16, subdivision 3, as amended; repealing 
                  Minnesota Statutes 2000, sections 241.016, subdivision 
                  2; 241.19; 242.51. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 16B.181, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PUBLIC ENTITIES; PURCHASES FROM CORRECTIONS 
        INDUSTRIES.] (a) The commissioner of corrections, in 
        consultation with the commissioner of administration, shall 
        prepare updated lists of the items available for purchase from 
        department of corrections industries and annually forward a copy 
        of the most recent list to all public entities within the 
        state.  A public entity that is supported in whole or in part 
        with funds from the state treasury may purchase items directly 
        from corrections industries.  The bid solicitation process is 
        not required for these purchases. 
           (b) The commissioner of administration shall develop a 
        contract or contracts to enable public entities to purchase 
        items directly from corrections industries.  The commissioner of 
        administration, in consultation with the commissioner of 
        corrections, shall determine the fair market price for listed 
        items.  The commissioner of administration shall require that 
        all requests for bids or proposals, for items provided by 
        corrections industries, be forwarded to the commissioner of 
        corrections to enable corrections industries to submit bids.  
        The commissioner of corrections shall consult with the 
        commissioner of administration prior to introducing new products 
        to the state agency market. 
           (c) No public entity may evade the intent of this section 
        by adopting slight variations in specifications, when Minnesota 
        corrections industry items meet the reasonable needs and 
        specifications of the public entity. 
           (d) The commissioners of administration and corrections 
        shall develop annual performance measures outlining goals to 
        maximize inmate work program participation.  The commissioners 
        of administration and corrections shall appoint cochairs for a 
        task force whose purpose is to determine additional methods to 
        achieve the performance goals for public entity purchasing.  The 
        task force shall include representatives from the Minnesota 
        house of representatives, Minnesota senate, the Minnesota state 
        colleges and universities, University of Minnesota, Minnesota 
        League of Cities, Minnesota Association of Counties, and 
        administrators with purchasing responsibilities from the 
        Minnesota state departments of corrections, public safety, 
        finance, transportation, natural resources, human services, 
        health, and economic security.  Notwithstanding section 15.059, 
        the task force created in this paragraph expires on June 30, 
        2003. 
           (e) If performance goals for public entity purchasing are 
        not achieved in two consecutive fiscal years, public entities 
        shall purchase items available from corrections industries.  The 
        commissioner of administration shall be responsible for 
        notifying public entities of this requirement. 
           Sec. 2.  Minnesota Statutes 2000, section 241.016, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ANNUAL REPORT.] (a) Notwithstanding 
        section 15.91, The department of corrections shall issue submit 
        a performance report by November 30 of each year to the chairs 
        and ranking minority members of the senate and house committees 
        and divisions having jurisdiction over criminal justice funding 
        by January 15 of each year.  The issuance and content of the 
        report must conform with section 15.91. include the following: 
           (1) department strategic mission, goals, and objectives; 
           (2) the department-wide per diem, adult facility-specific 
        per diems, and an average per diem, reported in a standard 
        calculated method as outlined in the departmental policies and 
        procedures; and 
           (3) department annual statistics as outlined in the 
        departmental policies and procedures.  
           (b) The department shall maintain recidivism rates for 
        adult facilities on an annual basis.  In addition, each year the 
        department shall, on an alternating basis, complete a recidivism 
        analysis of adult facilities, juvenile services, and the 
        community services divisions and include a three-year recidivism 
        analysis in the report described in paragraph (a).  When 
        appropriate, the recidivism analysis must include education 
        programs, vocational programs, treatment programs, industry, and 
        employment. 
           Sec. 3.  Minnesota Statutes 2000, section 241.018, is 
        amended to read: 
           241.018 [PER DIEM CALCULATION.] 
           (a) The commissioner of corrections shall develop a uniform 
        method to calculate the average department-wide per diem cost of 
        incarcerating offenders at state adult correctional facilities.  
        In addition to other costs currently factored into the per diem, 
        it must include an appropriate percentage of capitol costs for 
        all adult correctional facilities and 65 percent of the 
        department's management services budget. 
           (b) The commissioner also shall use this method of 
        calculating per diem costs for offenders in each state adult 
        correctional facility.  When calculating the per diem cost of 
        incarcerating offenders at a particular facility, the 
        commissioner shall include an appropriate percentage of capital 
        costs for the facility and an appropriate prorated amount, given 
        the facility's population, of 65 percent of the department's 
        management services budget. 
           (c) The commissioner shall ensure that these new per diem 
        methods are used in all future instances in which per diem 
        charges are reported annual performance reports to the 
        legislature and are also reflected in the department's biennial 
        budget document. 
           (d) The commissioner shall report information related to 
        these per diems to the chairs and ranking minority members of 
        the senate and house committees and divisions having 
        jurisdiction over criminal justice funding by January 15, 2001. 
           Sec. 4.  Minnesota Statutes 2000, section 241.021, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SUPERVISION OVER CORRECTIONAL 
        INSTITUTIONS.] (1) (a) Except as provided in paragraph (b), the 
        commissioner of corrections shall inspect and license all 
        correctional facilities throughout the state, whether public or 
        private, established and operated for the detention and 
        confinement of persons detained or confined therein according to 
        law except to the extent that they are inspected or licensed by 
        other state regulating agencies.  The commissioner shall 
        promulgate pursuant to chapter 14, rules establishing minimum 
        standards for these facilities with respect to their management, 
        operation, physical condition, and the security, safety, health, 
        treatment, and discipline of persons detained or confined 
        therein.  Commencing September 1, 1980, no individual, 
        corporation, partnership, voluntary association, or other 
        private organization legally responsible for the operation of a 
        correctional facility may operate the facility unless licensed 
        by the commissioner of corrections.  The commissioner shall 
        review the correctional facilities described in this subdivision 
        at least once every biennium, except as otherwise provided 
        herein, to determine compliance with the minimum standards 
        established pursuant to this subdivision.  The commissioner 
        shall grant a license to any facility found to conform to 
        minimum standards or to any facility which, in the 
        commissioner's judgment, is making satisfactory progress toward 
        substantial conformity and the interests and well-being of the 
        persons detained or confined therein are protected.  The 
        commissioner may grant licensure up to two years.  The 
        commissioner shall have access to the buildings, grounds, books, 
        records, staff, and to persons detained or confined in these 
        facilities.  The commissioner may require the officers in charge 
        of these facilities to furnish all information and statistics 
        the commissioner deems necessary, at a time and place designated 
        by the commissioner.  The commissioner may require that any or 
        all such information be provided through the department of 
        corrections detention information system.  The education program 
        offered in a correctional facility for the detention or 
        confinement of juvenile offenders must be approved by the 
        commissioner of children, families, and learning before the 
        commissioner of corrections may grant a license to the facility. 
           (b) For juvenile facilities licensed by the commissioner of 
        human services, the commissioner may inspect and certify 
        programs based on certification standards set forth in Minnesota 
        Rules.  For the purpose of this paragraph, "certification" has 
        the meaning given it in section 245A.02. 
           (2) (c) Any state agency which regulates, inspects, or 
        licenses certain aspects of correctional facilities shall, 
        insofar as is possible, ensure that the minimum standards it 
        requires are substantially the same as those required by other 
        state agencies which regulate, inspect, or license the same 
        aspects of similar types of correctional facilities, although at 
        different correctional facilities. 
           (3) (d) Nothing in this section shall be construed to limit 
        the commissioner of corrections' authority to promulgate rules 
        establishing standards of eligibility for counties to receive 
        funds under sections 401.01 to 401.16, or to require counties to 
        comply with operating standards the commissioner establishes as 
        a condition precedent for counties to receive that funding. 
           (4) (e) When the commissioner finds that any facility 
        described in clause (1) paragraph (a), except foster care 
        facilities for delinquent children and youth as provided in 
        subdivision 2, does not substantially conform to the minimum 
        standards established by the commissioner and is not making 
        satisfactory progress toward substantial conformance, the 
        commissioner shall promptly notify the chief executive officer 
        and the governing board of the facility of the deficiencies and 
        order that they be remedied within a reasonable period of time.  
        The commissioner may by written order restrict the use of any 
        facility which does not substantially conform to minimum 
        standards to prohibit the detention of any person therein for 
        more than 72 hours at one time.  When, after due notice and 
        hearing, the commissioner finds that any facility described in 
        this subdivision, except county jails and lockups as provided in 
        sections 641.26, 642.10, and 642.11, does not conform to minimum 
        standards, or is not making satisfactory progress toward 
        substantial compliance therewith, the commissioner may issue an 
        order revoking the license of that facility.  After revocation 
        of its license, that facility shall not be used until its 
        license is renewed.  When the commissioner is satisfied that 
        satisfactory progress towards substantial compliance with 
        minimum standard is being made, the commissioner may, at the 
        request of the appropriate officials of the affected facility 
        supported by a written schedule for compliance, grant an 
        extension of time for a period not to exceed one year. 
           (5) (f) As used in this subdivision, "correctional facility"
        means any facility, including a group home, having a residential 
        component, the primary purpose of which is to serve persons 
        placed therein by a court, court services department, parole 
        authority, or other correctional agency having dispositional 
        power over persons charged with, convicted, or adjudicated to be 
        guilty or delinquent. 
           Sec. 5.  Minnesota Statutes 2000, section 241.021, 
        subdivision 4, is amended to read: 
           Subd. 4.  [HEALTH CARE.] The commissioner of corrections 
        shall provide professional health care to persons confined in 
        institutions under the control of the commissioner of 
        corrections and pay the costs of their care in hospitals and 
        other medical facilities not under the control of the 
        commissioner of corrections, including the secure treatment unit 
        operated by the St. Paul - Ramsey Hospital.  All reimbursements 
        for these health care services shall be deposited in the general 
        fund.  The commissioner of corrections is authorized to contract 
        with entities, including health care management companies, to 
        provide health care to inmates.  With respect to these 
        contracts, these entities shall not be regulated as, or 
        otherwise considered to be, health plan companies as defined in 
        section 62Q.01, subdivision 4.  
           Sec. 6.  Minnesota Statutes 2000, section 241.021, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [CHEMICAL DEPENDENCY TREATMENT PROGRAMS.] All 
        residential chemical dependency treatment programs operated by 
        the commissioner of corrections to treat adults and juveniles 
        committed to the commissioner's custody shall comply with the 
        standards mandated in Minnesota Rules, parts 9530.4100 to 
        9530.6500, or successor rule parts, for treatment programs 
        operated by community-based residential treatment facilities.  
        When the commissioners of corrections and human services agree 
        that these established standards for community-based programs 
        cannot reasonably apply to correctional facilities, alternative 
        equivalent standards shall be developed by the commissioners and 
        established through an interagency agreement. 
           Sec. 7.  Minnesota Statutes 2000, section 241.021, is 
        amended by adding a subdivision to read: 
           Subd. 4b.  [PEER REVIEW COMMITTEE.] The commissioner of 
        corrections shall establish a health care peer review committee. 
        Sections 145.61 to 145.67 apply to the committee.  The committee 
        shall gather, review, and evaluate information relating to the 
        on-site and off-site quality of care and treatment of 
        offenders.  The committee shall consist of: 
           (1) the director of health services; 
           (2) the department medical director; 
           (3) the regional medical director of the contracted health 
        care vendor; 
           (4) the department director of nursing; 
           (5) a physician from the contracting hospital provider; and 
           (6) another physician who provides health care to offenders 
        on site at a correctional facility. 
           Sec. 8.  Minnesota Statutes 2000, section 241.021, 
        subdivision 6, is amended to read: 
           Subd. 6.  [BACKGROUND STUDIES.] (a) The commissioner of 
        corrections is authorized to do background studies on personnel 
        employed by any facility serving children or youth that is 
        licensed under this section.  The commissioner of corrections 
        shall contract with the commissioner of human services to 
        conduct background studies of individuals providing services in 
        secure and nonsecure residential facilities and detention 
        facilities who have direct contact, as defined under section 
        245A.04, subdivision 3, with persons served in the facilities.  
        A disqualification of an individual in this section shall 
        disqualify the individual from positions allowing direct contact 
        or access to persons and residents receiving services in 
        programs licensed by the departments of health and human 
        services.  
           (b) A clerk or administrator of any court, the bureau of 
        criminal apprehension, a prosecuting attorney, a county sheriff, 
        or a chief of a local police department, shall assist in these 
        studies by providing to the commissioner of human services, or 
        the commissioner's representative, all criminal conviction data 
        available from local, state, and national criminal history 
        record repositories, including the criminal justice data 
        communications network, pertaining to the following individuals: 
        applicants, operators, all persons living in the household, and 
        all staff of any facility subject to background studies under 
        this subdivision.  
           (c) The department of human services shall conduct the 
        background studies required by paragraph (a) in compliance with 
        the provisions of chapter 245A.  For the purpose of this 
        subdivision, the term "secure and nonsecure residential facility 
        and detention facility" shall include programs licensed or 
        certified under subdivision 2.  The department of human services 
        shall provide necessary forms and instructions, shall conduct 
        the necessary background studies of individuals, and shall 
        provide notification of the results of the studies to the 
        facilities, individuals, and the commissioner of corrections.  
        Individuals shall be disqualified under the provisions of 
        chapter 245A. 
           If an individual is disqualified, the department of human 
        services shall notify the facility and the individual and shall 
        inform the individual of the right to request a reconsideration 
        of the disqualification by submitting the request to the 
        department of corrections. 
           (d) The commissioner of corrections shall review and decide 
        reconsideration requests, including the granting of variances, 
        in accordance with the procedures and criteria contained in 
        chapter 245A.  The commissioner's decision shall be provided to 
        the individual and to the department of human services.  The 
        commissioner's decision to grant or deny a reconsideration of 
        disqualification is the final administrative agency action. 
           (e) Facilities described in paragraph (a) shall be 
        responsible for cooperating with the departments in implementing 
        the provisions of this subdivision.  The responsibilities 
        imposed on applicants and licensees under chapter 245A shall 
        apply to these facilities.  The provisions of section 245A.04, 
        subdivision 3, paragraph (e), shall apply to applicants, 
        licensees, and individuals. 
           Sec. 9.  Minnesota Statutes 2000, section 241.67, 
        subdivision 8, is amended to read: 
           Subd. 8.  [COMMUNITY-BASED SEX OFFENDER PROGRAM EVALUATION 
        PROJECT.] (a) For the purposes of this project, 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 develop a long-term project to 
        accomplish the following: 
           (1) provide follow-up information on each sex offender for 
        a period of three years following the offender's completion of 
        or termination from treatment; 
           (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 provide the legislature with an 
        annual report of the data collected and the status of the 
        project by October 15 of each year, beginning in 1993. 
           (d) 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 concerning the establishment 
        and operation of the project. 
           Sec. 10.  Minnesota Statutes 2000, section 241.69, is 
        amended to read: 
           241.69 [PSYCHIATRIC MENTAL HEALTH UNIT; ESTABLISHMENT.] 
           Subdivision 1.  [AUTHORITY; RULES.] The commissioner of 
        corrections shall, in accordance with applicable rules and 
        standards prescribed by the departments department of health and 
        welfare human services, establish, staff, equip, maintain, and 
        operate at one of the adult correctional institutions under the 
        commissioner's control a psychiatric mental health unit for the 
        care and treatment of those inmates of state correctional 
        institutions who become mentally ill. 
           Subd. 2.  [EXAMINATION.] When any person confined in an 
        adult correctional institution under the control of the 
        commissioner of corrections is alleged to be a mentally ill 
        person, the chief executive officer director of psychological 
        services, or warden or other person in charge of the institution 
        shall cause the person to be examined by a licensed physician 
        especially qualified in the diagnosis of mental illness, or, if 
        none is available, by any licensed physician or 
        licensed psychologist mental health professional available to 
        the institution. 
           Subd. 3.  [TRANSFER.] If the examining physician or 
        psychologist licensed mental health professional finds the 
        person to be mentally ill and in need of short term care, the 
        examining physician health care professional may recommend 
        transfer by the commissioner of corrections to the psychiatric 
        mental health unit established pursuant to subdivision 1. 
           Subd. 4.  [COMMITMENT.] If the examining physician health 
        care professional or psychologist licensed mental health 
        professional finds the person to be mentally ill and in need of 
        long term care in a hospital, or if an inmate transferred 
        pursuant to subdivision 3 refuses to voluntarily participate in 
        the treatment program at the psychiatric mental health unit, the 
        chief executive officer of director of psychological services of 
        the institution or other person in charge the mental health 
        professional shall initiate proceedings for judicial commitment 
        as provided in section 253B.07.  Upon the recommendation of 
        the physician or psychologist licensed mental health 
        professional and upon completion of the hearing and 
        consideration of the record, the court may commit the person to 
        the psychiatric mental health unit established in subdivision 1 
        or to another hospital.  A person confined in a state 
        correctional institution for adults who has been adjudicated to 
        be mentally ill and in need of treatment may be committed to the 
        commissioner of corrections and placed in the psychiatric mental 
        health unit established in subdivision 1.  
           Subd. 5.  [DISCHARGE.] The chief medical officer director 
        of psychological services of the psychiatric mental health unit 
        established under this section may, subject to the provisions of 
        chapter 253B, provisionally discharge any inmate patient 
        admitted as mentally ill without discharging the commitment and 
        order the inmate patient's release into the general population 
        of the institution from which admitted, subject to return to the 
        facility for further treatment. 
           When the chief medical officer director of psychological 
        services of the facility certifies that a patient is no longer 
        in need of institutional care for mental illness the chief 
        medical officer director of psychological services shall 
        discharge the patient to the institution from which committed, 
        and the discharge shall also discharge the mental illness 
        commitment. 
           A copy of the certification that the inmate is no longer in 
        need of care for mental illness shall be transmitted to the 
        commissioner of corrections.  The commissioner of corrections 
        shall give serious consideration to the aforementioned 
        certification for purposes of their supervision over the inmate 
        upon the inmate's release. 
           Subd. 6.  [TRANSFER UPON EXPIRATION OF SENTENCE.] If the 
        sentence of a person who has been adjudicated to be mentally ill 
        and committed to the psychiatric mental health unit established 
        under this section should expire before the person recovers and 
        is discharged therefrom, and, in the judgment of the chief 
        medical officer director of psychological services of the unit, 
        the person requires further hospitalization for mental illness, 
        the person shall be transferred by the commissioner of 
        corrections to a state hospital designated by the commissioner 
        of human services, there to be detained as in the case of other 
        mentally ill persons under judicial commitment. 
           Subd. 7.  [COSTS.] The costs of the commitment proceedings 
        under this section shall be borne by the state. 
           Subd. 8.  [DEFINITIONS.] For the purposes of this section, 
        the words defined in section 253B.02 have the meanings given 
        them in that section. 
           Sec. 11.  Minnesota Statutes 2000, section 242.32, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [ALTERNATIVE RESIDENTIAL PROGRAMS; FUNDING.] The 
        commissioner of corrections may establish and operate 
        alternative residential programs for juveniles.  Programming is 
        available to court and social service agencies for placement of 
        juveniles to act as early intervention in juvenile crime.  The 
        commissioner shall require participating state or federal 
        agencies and local units of government sending participants to 
        the program to pay the cost of the program.  Funds received by 
        the commissioner for the cost of the program from state and 
        federal agencies and local units of government under this 
        subdivision must be deposited in the state treasury and credited 
        to a special account.  Money in the account is appropriated to 
        the commissioner to fund the program. 
           Sec. 12.  Minnesota Statutes 2000, section 243.05, 
        subdivision 6, is amended to read: 
           Subd. 6.  [SUPERVISION BY COMMISSIONER OF CORRECTIONS; 
        AGENTS.] (a) The commissioner of corrections, as far as 
        possible, shall exercise supervision over persons released on 
        parole or probation pursuant to this section and section 242.19. 
           (b) The commissioner of corrections shall exercise 
        supervision over probationers as provided in section 609.135, 
        and over persons conditionally released pursuant to section 
        241.26. 
           (c) For the purposes of clauses (a) and (b), and sections 
        609.115 and 609.135, subdivision 1, the commissioner shall 
        appoint state agents who shall be in the classified service of 
        the state civil service.  The commissioner may also appoint 
        suitable persons in any part of the state or enter into 
        agreements with individuals and public or private agencies, for 
        the same purposes, and pay the costs incurred under the 
        agreements.  Parole agents shall reside in the various districts 
        of the state in which they are employed.  Each agent or person 
        shall perform the duties the commissioner may prescribe in 
        behalf of or in the supervision of those persons described in 
        clause (b).  In addition, each agent or person shall act under 
        the orders of the commissioner in the supervision of those 
        persons conditionally released as provided in clause (a).  
        Agents shall provide assistance to conditionally released 
        persons in obtaining employment, and shall conduct relevant 
        investigations and studies of persons under supervision upon the 
        request of the commissioner.  Regional supervisors may also 
        supervise state parole agents as directed by the commissioner of 
        corrections. This duty shall not interfere with the supervisor's 
        responsibility under the County Probation Act, Laws 1959, 
        chapter 698. 
           Sec. 13.  Minnesota Statutes 2000, section 243.51, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TRANSFER OF INMATES TO FEDERAL GOVERNMENT.] The 
        commissioner of corrections may transfer to the custody of the 
        United States attorney general any inmate of the a Minnesota 
        correctional facility-Stillwater or the Minnesota correctional 
        facility-Shakopee facility whose presence is seriously 
        detrimental to the internal discipline and well-being of the 
        facility, or whose personal safety cannot be reasonably secured 
        therein or in any other state facility, provided the attorney 
        general of the United States accept such transfer.  Such 
        transfer shall be accomplished in the manner prescribed by 
        United States Code, title 18, section 5003 and acts amendatory 
        thereof, and the commissioner of corrections may execute such 
        contracts as therein provided.  The reimbursement of the federal 
        government for all costs and expenses incurred for the care, 
        custody, subsistence, education, treatment, and training of such 
        transferee shall be paid from the appropriation for the 
        operation of the Minnesota correctional facility-Stillwater or 
        the Minnesota correctional facility-Shakopee facility from which 
        the inmate was transferred.  
           The chief executive officer of the transferring facility 
        shall attach to such contract a duly certified copy of the 
        warrant of commitment under which such inmate is held, together 
        with copies of such other commitment papers as are required by 
        section 243.49, and such other data relating to the character 
        and condition of such inmates as the officer may deem necessary 
        or may be required by the federal prison authorities. Such copy 
        of the warrant of commitment and accompanying papers shall 
        constitute sufficient authority for the United States to hold 
        such inmate on behalf of the state of Minnesota.  
           Any inmate so transferred under this subdivision shall be 
        subject to the terms and conditions of the inmate's original 
        sentence as if the inmate were serving the same within the 
        confines of the facility from which transferred.  Nothing herein 
        contained shall deprive such inmate of the right to parole or 
        the rights to legal process in the courts of this state. 
           Sec. 14.  Minnesota Statutes 2000, section 243.53, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SEPARATE CELLS.] (a) When there are 
        sufficient cells available, each inmate shall be confined in a 
        separate cell.  Each inmate shall be confined in a separate cell 
        in institutions classified by the commissioner as custody level 
        five and six institutions.  This requirement does not apply to 
        the following: 
           (1) geriatric dormitory-type facilities; 
           (2) honor dormitory-type facilities; and 
           (3) any other multiple occupancy facility at a custody 
        level five or six institution that confines inmates who could be 
        confined in an institution at custody level four or lower. 
           (b) Correctional institutions classified by the 
        commissioner as custody level one, two, three, or four 
        institutions must permit multiple occupancy, except segregation 
        units, to the greatest extent possible.  The commissioner shall 
        annually publish a list of the custody levels of all 
        correctional institutions. 
           Sec. 15.  Minnesota Statutes 2000, 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 (e), and 
        (g) (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. 
           (k) (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. 
           Sec. 16.  Minnesota Statutes 2000, section 244.173, is 
        amended to read: 
           244.173 [CHALLENGE INCARCERATION PROGRAM; EVALUATION AND 
        REPORT.] 
           The commissioner shall develop a system for gathering and 
        analyzing information concerning the value and effectiveness of 
        the challenge incarceration program.  The commissioner shall 
        report to the committees of the house of representatives and 
        senate with jurisdiction over criminal justice policy by January 
        1, 1996, on the operation of the program. 
           Sec. 17.  Minnesota Statutes 2000, section 244.18, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITION.] As used in this section, 
        "local correctional fees" include fees for the following 
        correctional services:  
           (1) community service work placement and supervision; 
           (2) restitution collection; 
           (3) supervision; 
           (4) court ordered investigations; or 
           (5) any other court ordered service; 
           (6) post-prison supervision or other form of release; or 
           (7) supervision or other services provided to probationers 
        or parolees under section 243.16 to be provided by a local 
        probation and parole agency established under section 244.19 or 
        community corrections agency established under chapter 401. 
           Sec. 18.  Minnesota Statutes 2000, section 390.11, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEATHS REQUIRING INQUESTS AND 
        INVESTIGATIONS.] Except as provided in subdivision 1a, the 
        coroner shall investigate and may conduct inquests in all human 
        deaths of the following types: 
           (1) violent deaths, whether apparently homicidal, suicidal, 
        or accidental, including but not limited to deaths due to 
        thermal, chemical, electrical, or radiational injury, and deaths 
        due to criminal abortion, whether apparently self induced or 
        not; 
           (2) deaths under unusual or mysterious circumstances; 
           (3) deaths of persons whose bodies are to be cremated, 
        dissected, buried at sea, or otherwise disposed of so that the 
        bodies will later be unavailable for examination; and 
           (4) deaths of inmates of public institutions who are not 
        hospitalized for organic disease and whose deaths are not of any 
        type referred to in clause (1) or (2).  
           Sec. 19.  Minnesota Statutes 2000, section 390.11, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [COMMISSIONER OF CORRECTIONS; INVESTIGATION OF 
        DEATHS.] The commissioner of corrections may require that all 
        department of corrections incarcerated deaths be reviewed by an 
        independent, contracted board-certified forensic pathologist. 
           Sec. 20.  Minnesota Statutes 2000, section 390.32, is 
        amended by adding a subdivision to read: 
           Subd. 11.  [COMMISSIONER OF CORRECTIONS; INVESTIGATION OF 
        DEATHS.] The commissioner of corrections may require that all 
        department of corrections incarcerated deaths be reviewed by an 
        independent, contracted board-certified forensic pathologist. 
           Sec. 21.  Minnesota Statutes 2000, section 609.341, 
        subdivision 11, is amended to read: 
           Subd. 11.  (a) "Sexual contact," for the purposes of 
        sections 609.343, subdivision 1, clauses (a) to (f), and 
        609.345, subdivision 1, clauses (a) to (e), and (h) to (l) (m), 
        includes any of the following acts committed without the 
        complainant's consent, except in those cases where consent is 
        not a defense, and committed with sexual or aggressive intent: 
           (i) the intentional touching by the actor of the 
        complainant's intimate parts, or 
           (ii) the touching by the complainant of the actor's, the 
        complainant's, or another's intimate parts effected by a person 
        in a position of authority, or by coercion, or by inducement if 
        the complainant is under 13 years of age or mentally impaired, 
        or 
           (iii) the touching by another of the complainant's intimate 
        parts effected by coercion or by a person in a position of 
        authority, or 
           (iv) in any of the cases above, the touching of the 
        clothing covering the immediate area of the intimate parts. 
           (b) "Sexual contact," for the purposes of sections 609.343, 
        subdivision 1, clauses (g) and (h), and 609.345, subdivision 1, 
        clauses (f) and (g), includes any of the following acts 
        committed with sexual or aggressive intent: 
           (i) the intentional touching by the actor of the 
        complainant's intimate parts; 
           (ii) the touching by the complainant of the actor's, the 
        complainant's, or another's intimate parts; 
           (iii) the touching by another of the complainant's intimate 
        parts; or 
           (iv) in any of the cases listed above, touching of the 
        clothing covering the immediate area of the intimate parts. 
           (c) "Sexual contact with a person under 13" means the 
        intentional touching of the complainant's bare genitals or anal 
        opening by the actor's bare genitals or anal opening with sexual 
        or aggressive intent or the touching by the complainant's bare 
        genitals or anal opening of the actor's or another's bare 
        genitals or anal opening with sexual or aggressive intent. 
           Sec. 22.  Minnesota Statutes 2000, section 609.344, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRIME DEFINED.] A person who engages in 
        sexual penetration with another person is guilty of criminal 
        sexual conduct in the third degree if any of the following 
        circumstances exists:  
           (a) the complainant is under 13 years of age and the actor 
        is no more than 36 months older than the complainant.  Neither 
        mistake as to the complainant's age nor consent to the act by 
        the complainant shall be a defense; 
           (b) the complainant is at least 13 but less than 16 years 
        of age and the actor is more than 24 months older than the 
        complainant.  In any such case it shall be an affirmative 
        defense, which must be proved by a preponderance of the 
        evidence, that the actor believes the complainant to be 16 years 
        of age or older.  If the actor in such a case is no more than 48 
        months but more than 24 months older than the complainant, the 
        actor may be sentenced to imprisonment for not more than five 
        years.  Consent by the complainant is not a defense; 
           (c) the actor uses force or coercion to accomplish the 
        penetration; 
           (d) the actor knows or has reason to know that the 
        complainant is mentally impaired, mentally incapacitated, or 
        physically helpless; 
           (e) the complainant is at least 16 but less than 18 years 
        of age and the actor is more than 48 months older than the 
        complainant and in a position of authority over the complainant. 
        Neither mistake as to the complainant's age nor consent to the 
        act by the complainant is a defense; 
           (f) the actor has a significant relationship to the 
        complainant and the complainant was at least 16 but under 18 
        years of age at the time of the sexual penetration.  Neither 
        mistake as to the complainant's age nor consent to the act by 
        the complainant is a defense; 
           (g) the actor has a significant relationship to the 
        complainant, the complainant was at least 16 but under 18 years 
        of age at the time of the sexual penetration, and: 
           (i) the actor or an accomplice used force or coercion to 
        accomplish the penetration; 
           (ii) the complainant suffered personal injury; or 
           (iii) the sexual abuse involved multiple acts committed 
        over an extended period of time.  
           Neither mistake as to the complainant's age nor consent to 
        the act by the complainant is a defense; 
           (h) the actor is a psychotherapist and the complainant is a 
        patient of the psychotherapist and the sexual penetration 
        occurred: 
           (i) during the psychotherapy session; or 
           (ii) outside the psychotherapy session if an ongoing 
        psychotherapist-patient relationship exists.  
           Consent by the complainant is not a defense; 
           (i) the actor is a psychotherapist and the complainant is a 
        former patient of the psychotherapist and the former patient is 
        emotionally dependent upon the psychotherapist; 
           (j) the actor is a psychotherapist and the complainant is a 
        patient or former patient and the sexual penetration occurred by 
        means of therapeutic deception.  Consent by the complainant is 
        not a defense; 
           (k) the actor accomplishes the sexual penetration by means 
        of deception or false representation that the penetration is for 
        a bona fide medical purpose.  Consent by the complainant is not 
        a defense; or 
           (1) the actor is or purports to be a member of the clergy, 
        the complainant is not married to the actor, and: 
           (i) the sexual penetration occurred during the course of a 
        meeting in which the complainant sought or received religious or 
        spiritual advice, aid, or comfort from the actor in private; or 
           (ii) the sexual penetration occurred during a period of 
        time in which the complainant was meeting on an ongoing basis 
        with the actor to seek or receive religious or spiritual advice, 
        aid, or comfort in private.  Consent by the complainant is not a 
        defense; or 
           (m) the actor is an employee, independent contractor, or 
        volunteer of a state, county, city, or privately operated adult 
        or juvenile correctional system, including, but not limited to, 
        jails, prisons, detention centers, or work release facilities, 
        and the complainant is a resident of a facility or under 
        supervision of the correctional system.  Consent by the 
        complainant is not a defense. 
           Sec. 23.  Minnesota Statutes 2000, section 609.345, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRIME DEFINED.] A person who engages in 
        sexual contact with another person is guilty of criminal sexual 
        conduct in the fourth degree if any of the following 
        circumstances exists: 
           (a) the complainant is under 13 years of age and the actor 
        is no more than 36 months older than the complainant.  Neither 
        mistake as to the complainant's age or consent to the act by the 
        complainant is a defense.  In a prosecution under this clause, 
        the state is not required to prove that the sexual contact was 
        coerced; 
           (b) the complainant is at least 13 but less than 16 years 
        of age and the actor is more than 48 months older than the 
        complainant or in a position of authority over the complainant.  
        Consent by the complainant to the act is not a defense.  In any 
        such case, it shall be an affirmative defense which must be 
        proved by a preponderance of the evidence that the actor 
        believes the complainant to be 16 years of age or older; 
           (c) the actor uses force or coercion to accomplish the 
        sexual contact; 
           (d) the actor knows or has reason to know that the 
        complainant is mentally impaired, mentally incapacitated, or 
        physically helpless; 
           (e) the complainant is at least 16 but less than 18 years 
        of age and the actor is more than 48 months older than the 
        complainant and in a position of authority over the complainant. 
        Neither mistake as to the complainant's age nor consent to the 
        act by the complainant is a defense; 
           (f) the actor has a significant relationship to the 
        complainant and the complainant was at least 16 but under 18 
        years of age at the time of the sexual contact.  Neither mistake 
        as to the complainant's age nor consent to the act by the 
        complainant is a defense; 
           (g) the actor has a significant relationship to the 
        complainant, the complainant was at least 16 but under 18 years 
        of age at the time of the sexual contact, and: 
           (i) the actor or an accomplice used force or coercion to 
        accomplish the contact; 
           (ii) the complainant suffered personal injury; or 
           (iii) the sexual abuse involved multiple acts committed 
        over an extended period of time.  
           Neither mistake as to the complainant's age nor consent to 
        the act by the complainant is a defense; 
           (h) the actor is a psychotherapist and the complainant is a 
        patient of the psychotherapist and the sexual contact occurred: 
           (i) during the psychotherapy session; or 
           (ii) outside the psychotherapy session if an ongoing 
        psychotherapist-patient relationship exists.  Consent by the 
        complainant is not a defense; 
           (i) the actor is a psychotherapist and the complainant is a 
        former patient of the psychotherapist and the former patient is 
        emotionally dependent upon the psychotherapist; 
           (j) the actor is a psychotherapist and the complainant is a 
        patient or former patient and the sexual contact occurred by 
        means of therapeutic deception.  Consent by the complainant is 
        not a defense; 
           (k) the actor accomplishes the sexual contact by means of 
        deception or false representation that the contact is for a bona 
        fide medical purpose.  Consent by the complainant is not a 
        defense; or 
           (1) the actor is or purports to be a member of the clergy, 
        the complainant is not married to the actor, and: 
           (i) the sexual contact occurred during the course of a 
        meeting in which the complainant sought or received religious or 
        spiritual advice, aid, or comfort from the actor in private; or 
           (ii) the sexual contact occurred during a period of time in 
        which the complainant was meeting on an ongoing basis with the 
        actor to seek or receive religious or spiritual advice, aid, or 
        comfort in private.  Consent by the complainant is not a 
        defense; or 
           (m) the actor is an employee, independent contractor, or 
        volunteer of a state, county, city, or privately operated adult 
        or juvenile correctional system, including, but not limited to, 
        jails, prisons, detention centers, or work release facilities, 
        and the complainant is a resident of a facility or under 
        supervision of the correctional system.  Consent by the 
        complainant is not a defense. 
           Sec. 24.  Minnesota Statutes 2000, section 609.3452, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ASSESSMENT REQUIRED.] When a person is 
        convicted of a violation of section 609.342; 609.343; 609.344; 
        609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23, or 
        another offense arising out of a charge based on one or more of 
        those sections sex offense, the court shall order an independent 
        professional assessment of the offender's need for sex offender 
        treatment.  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. 
           Sec. 25.  Minnesota Statutes 2000, section 609.3452, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [REPEAT OFFENDERS; MANDATORY ASSESSMENT.] When a 
        person is convicted of a felony-level sex offense, and the 
        person has previously been convicted of a sex offense regardless 
        of the penalty level, the court shall order a sex offender 
        assessment to be completed by the Minnesota security hospital.  
        The assessment must contain the facts upon which the assessment 
        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 assessment conclusion may not be based on testing 
        alone.  Upon completion, the assessment must be forwarded to the 
        court and the commissioner of corrections.  The court shall 
        consider the assessment when sentencing the offender and, if 
        applicable, when making the preliminary determination regarding 
        the appropriateness of a civil commitment petition under section 
        609.1351. 
           Sec. 26.  Minnesota Statutes 2000, section 609.3452, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [DEFINITION.] As used in this section, "sex 
        offense" means a violation of section 609.342; 609.343; 609.344; 
        609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23; or 
        another offense arising out of a charge based on one or more of 
        those sections. 
           Sec. 27.  Minnesota Statutes 2000, section 611A.19, is 
        amended to read: 
           611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY 
        VIRUS.] 
           Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) Upon 
        the request or with the consent of the victim, the prosecutor 
        shall make a motion in camera and the sentencing court shall 
        issue an order requiring an adult convicted of or a juvenile 
        adjudicated delinquent for violating section 609.342 (criminal 
        sexual conduct in the first degree), 609.343 (criminal sexual 
        conduct in the second degree), 609.344 (criminal sexual conduct 
        in the third degree), 609.345 (criminal sexual conduct in the 
        fourth degree), or any other violent crime, as defined in 
        section 609.1095, to submit to testing to determine the presence 
        of human immunodeficiency virus (HIV) antibody if:  
           (1) the crime involved sexual penetration, however slight, 
        as defined in section 609.341, subdivision 12; or 
           (2) evidence exists that the broken skin or mucous membrane 
        of the victim was exposed to or had contact with the offender's 
        semen or blood during the commission of the crime in a manner 
        which has been demonstrated epidemiologically to transmit the 
        human immunodeficiency virus (HIV).  
           (b) When the court orders an offender to submit to testing 
        under paragraph (a), the court shall order that the test be 
        performed by an appropriate health professional who is trained 
        to provide the counseling described in section 144.7414, and 
        that no reference to the test, the motion requesting the test, 
        the test order, or the test results may appear in the criminal 
        record or be maintained in any record of the court or court 
        services, except in the medical record maintained by the 
        department of corrections.  
           Subd. 2.  [DISCLOSURE OF TEST RESULTS.] The date and 
        results of a test performed under subdivision 1 are private data 
        as defined in section 13.02, subdivision 12, when maintained by 
        a person subject to chapter 13, or may be released only with the 
        subject's consent, if maintained by a person not subject to 
        chapter 13.  The results are available, on request, to the 
        victim or, if the victim is a minor, to the victim's parent or 
        guardian and positive test results shall be reported to the 
        commissioner of health.  Any test results given to a victim or 
        victim's parent or guardian shall be provided by a health 
        professional who is trained to provide the counseling described 
        in section 144.7414.  Data regarding administration and results 
        of the test are not accessible to any other person for any 
        purpose and shall not be maintained in any record of the court 
        or court services or any other record.  After the test results 
        are given to the victim or the victim's parent or guardian, data 
        on the test must be removed from any medical data or health 
        records maintained under section 13.384 or 144.335 and 
        destroyed, except for those medical records maintained by the 
        department of corrections. 
           Sec. 28.  Laws 1996, chapter 463, section 16, subdivision 
        3, as amended by Laws 1997, chapter 238, section 3, is amended 
        to read: 
        Subd. 3.  New Facility                               89,000,000
        To complete design and to construct, 
        furnish, and equip a new close-custody 
        correctional facility at custody level 
        four to provide at least 800 beds. 
        The commissioner of administration may 
        use construction delivery methods as 
        may be appropriate to minimize the cost 
        of the facility and maximize the 
        construction time savings.  
        Before final contract documents for 
        this project are advertised for 
        construction bids, the commissioners of 
        administration and corrections shall 
        certify to the chairs of the senate 
        finance committee, the senate crime 
        prevention finance division, the house 
        ways and means committee, the house 
        judiciary finance committee, and the 
        house capital investment committee that 
        the program scope of the project has 
        not increased since the project budget 
        was reviewed in accordance with 
        Minnesota Statutes, section 16B.335.  
        Upon receipt and evaluation of 
        construction bids and before awarding 
        contracts for the construction phase of 
        the project, the commissioners of 
        administration and finance shall inform 
        the chairs of the house ways and means 
        committee and the senate human 
        resources finance committee and the 
        chairs of the house and senate policy 
        and finance committees and divisions 
        having jurisdiction over criminal 
        justice issues of the project budget 
        necessary to complete that portion of 
        the project.  Any portion of this 
        appropriation that exceeds the project 
        budget shall be unallotted by the 
        commissioner of finance. 
        By February 1 of each year, the 
        commissioner shall report to the chairs 
        of the house judiciary committee and 
        senate crime prevention committee on 
        efforts to recruit a workforce for the 
        correctional facility that is 
        proportional to the protected groups in 
        the inmate population, the results of 
        the efforts, and recommendations for 
        achieving the goal of proportional 
        representation of protected class 
        employees in relation to the inmate 
        population. 
        The commissioner of corrections shall 
        construct an access road from state 
        trunk highway 361 to the parking lot of 
        the correctional facility.  The 
        commissioner of transportation shall 
        construct any necessary improvements at 
        the intersection of trunk highway 361 
        and the access road in order to 
        facilitate ingress to and egress from 
        the correctional facility. 
           Sec. 29.  [WORKFORCE REPORTS.] 
           The department of corrections shall continue to report on 
        its efforts to recruit a diverse workforce as required in 
        Minnesota Statutes, section 43A.191. 
           Sec. 30.  [REPEALER.] 
           Minnesota Statutes 2000, sections 241.016, subdivision 2, 
        241.19, and 242.51, are repealed. 
           Sec. 31.  [EFFECTIVE DATE.] 
           Sections 21 to 23 are effective June 1, 2001, and apply to 
        crimes committed on or after that date.  Sections 24 to 26 are 
        effective the day following final enactment. 
           Presented to the governor May 25, 2001 
           Signed by the governor May 29, 2001, 11:36 a.m.

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