SF 415

as introduced - 89th Legislature (2015 - 2016) Posted on 01/30/2015 08:49am

A bill for an act
relating to human services; public safety; modifying provisions related to
the Minnesota sex offender program; modifying provisions governing civil
commitment and treatment of persons with sexual psychopathic personalities
and sexually dangerous persons; establishing a sex offender civil commitment
screening unit; implementing the statewide sex offender civil commitment judicial
panel; establishing a sex offender civil commitment defense office; providing
for indeterminate lifetime and statutory maximum sentences for certain repeat
sex offenders; adjusting when certain sex offenders are eligible for release from
prison; establishing a special review panel to make release decisions regarding
sex offenders; precluding the subsequent civil commitment of certain sex
offenders subject to enhanced prison sentences; providing for lifetime supervision
for all sex offenders; requiring minimal levels of sex offender treatment; requiring
counties to provide housing for sex offenders in the community; appropriating
money; amending Minnesota Statutes 2014, sections 244.05, subdivisions 1, 1b,
4, 5, 7; 244.101, by adding a subdivision; 246B.01, subdivision 1a; 246B.10;
253B.18, subdivisions 4b, 4c; 253B.19, by adding a subdivision; 253D.02,
by adding subdivisions; 253D.07, subdivisions 1, 3, by adding a subdivision;
253D.08; 253D.09; 253D.11; 253D.12, subdivision 2; 253D.14, subdivision 3;
253D.20; 253D.23; 253D.29, subdivisions 2, 3; 253D.30, subdivisions 3, 4, 5, 6;
253D.31; 609.135, by adding a subdivision; 609.3455; proposing coding for new
law in Minnesota Statutes, chapters 244; 253D; repealing Minnesota Statutes
2014, sections 253D.27; 253D.28; 609.3455, subdivision 6.

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

ARTICLE 1

STRICT AND INTENSIVE SUPERVISION AND TREATMENT;
COMMISSIONER OF HUMAN SERVICES AND COUNTY DUTIES

Section 1. new text begin STRICT AND INTENSIVE SUPERVISION AND TREATMENT;
COMMISSIONER OF HUMAN SERVICES AND COUNTY DUTIES.
new text end

new text begin (a) The commissioner of human services shall ensure a regimen of treatment that
provides strict and intensive supervision and treatment (SIST) for individuals civilly
committed under Minnesota Statutes, section 253D.07, who are court-ordered to SIST
or placed on provisional discharge. The SIST must meet public safety requirements as
determined by the commissioners of human services, public safety, and corrections, which
ensure the safety of the public while meeting the treatment needs of the civilly committed
population. The commissioner shall determine existing and anticipated capacity for a
range of options for SIST that are effective and appropriate and allow progression. The
commissioner shall contract with existing and new providers to provide SIST.
new text end

new text begin (b) Each county must, based on the history of the number of commitments under
Minnesota Statutes, section 253D.07, in the previous ten years, determine the demand for a
range of housing options for SIST and provisional discharge for persons committed under
Minnesota Statutes, section 253D.07, and ensure to the commissioner that appropriate and
adequate housing is available for persons committed under Minnesota Statutes, section
253D.07. The county shall reevaluate the county's housing capacity and demand annually,
or more often if necessary, in order to ensure that an adequate range of housing options are
available in the county.
new text end

ARTICLE 2

CIVIL COMMITMENT MODIFICATIONS

Section 1.

Minnesota Statutes 2014, section 244.05, subdivision 7, is amended to read:

Subd. 7.

Sex offenders; civil commitment determination.

(a) Before the
commissioner releases from prison any inmate convicted under section 609.342,
609.343, 609.344, 609.345, or 609.3453, or sentenced as a patterned offender under
section 609.3455, subdivision 3a, and determined by the commissioner to be in a
high risk category, the commissioner shall make a preliminary determination whether,
in the commissioner's opinion, a petition under chapter 253D may be appropriate.
deleted text begin The commissioner's opinion must be based on a recommendation of a Department
of Corrections screening committee and a legal review and recommendation from
independent counsel knowledgeable in the legal requirements of the civil commitment
process. The commissioner may retain a retired judge or other attorney to serve
as independent counsel deleted text end new text begin The commissioner shall establish a process for making a
determination under this subdivision that is based on assessment standards established by
the sex offender civil commitment screening unit under section 253D.05 new text end .

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

(1) private medical data under section 13.384 or sections 144.291 to 144.298, or
welfare data under section 13.46 that relate to medical treatment of the offender;

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

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

(4) private criminal history data under section 13.87.

(c) If the commissioner determines that a petition may be appropriate, the
commissioner shall forward this determination, along with a summary of the reasons for
the determination, to the deleted text begin county attorney in the county where the inmate was convicted deleted text end
new text begin screening unit under section 253D.05 new text end no later than 12 months before the inmate's release
date. If the inmate is received for incarceration with fewer than 12 months remaining in
the inmate's term of imprisonment, or if the commissioner receives additional information
less than 12 months before release that makes the inmate's case appropriate for referral, the
commissioner shall forward the determination as soon as is practicable. Upon receiving
the commissioner's preliminary determination, the deleted text begin county attorney deleted text end new text begin screening unit new text end shall
proceed in the manner provided in deleted text begin chapter 253D deleted text end new text begin section 253D.05 new text end . The commissioner
shall release to the deleted text begin county attorney deleted text end new text begin screening unit new text end all requested documentation maintained
by the department.

Sec. 2.

Minnesota Statutes 2014, section 246B.01, subdivision 1a, is amended to read:

Subd. 1a.

Civilly committed sex offender.

"Civilly committed sex offender" means
a person who is deleted text begin admitted to the Minnesota sex offender program deleted text end new text begin civilly committed new text end under
chapter 253D for the purpose of assessment, diagnosis, care, treatment, supervision, or
other services provided by the Minnesota sex offender program.

Sec. 3.

Minnesota Statutes 2014, section 246B.10, is amended to read:

246B.10 LIABILITY OF COUNTY; REIMBURSEMENT.

The civilly committed sex offender's county shall pay to the state a portion of the
cost of care provided deleted text begin in deleted text end new text begin by or through new text end the Minnesota sex offender program to a civilly
committed sex offender who has legally settled in that county. new text begin Cost of care includes care,
housing, and supervision provided to a civilly committed sex offender who is placed
on strict and intensive supervision and treatment or provisional discharge. new text end A county's
payment must be made from the county's own sources of revenue and payments must
equal 25 percent of the cost of care, as determined by the commissioner, for each day
or portion of a day, that the civilly committed sex offender spends at deleted text begin the deleted text end new text begin a Minnesota
sex offender program new text end facility new text begin or on strict and intensive supervision and treatment or
provisional discharge new text end . If payments received by the state under this chapter exceed 75
percent of the cost of care, the county is responsible for paying the state the remaining
amount. The county is not entitled to reimbursement from the civilly committed sex
offender, the civilly committed sex offender's estate, or from the civilly committed sex
offender's relatives, except as provided in section 246B.07 new text begin . For purposes of this section,
cost of care begins after the order for commitment under section 253D.07, subdivision 3 new text end .

Sec. 4.

Minnesota Statutes 2014, section 253B.18, subdivision 4b, is amended to read:

Subd. 4b.

Pass-eligible status; notification.

deleted text begin The following patients deleted text end new text begin A patient
new text end committed to a secure treatment facility deleted text begin shall deleted text end new text begin as a person who is mentally ill and dangerous
must new text end not be placed on pass-eligible status deleted text begin unless deleted text end new text begin without approval of new text end that status deleted text begin has been
approved deleted text end by the medical director of the secure treatment facility new text begin if the patient new text end :

deleted text begin (a) a patient who has been committed as a person who is mentally ill and dangerous
and who:
deleted text end

(1) was found incompetent to proceed to trial for a felony or was found not guilty
by reason of mental illness of a felony immediately prior to the filing of the commitment
petition;

(2) was convicted of a felony immediately prior to or during commitment as a
person who is mentally ill and dangerous; or

(3) is subject to a commitment to the commissioner of corrections deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (b) a patient who has been committed as a psychopathic personality, a sexually
psychopathic personality, or a sexually dangerous person.
deleted text end

At least ten days prior to a determination on the status, the medical director shall
notify the committing court, the county attorney of the county of commitment, the
designated agency, an interested person, the petitioner, and the petitioner's counsel of the
proposed status, and their right to request review by the special review board. If within ten
days of receiving notice any notified person requests review by filing a notice of objection
with the commissioner and the head of the treatment facility, a hearing shall be held before
the special review board. The proposed status shall not be implemented unless it receives
a favorable recommendation by a majority of the board and approval by the commissioner.
The order of the commissioner is appealable as provided in section 253B.19.

Nothing in this subdivision shall be construed to give a patient an affirmative right to
seek pass-eligible status from the special review board.

Sec. 5.

Minnesota Statutes 2014, section 253B.18, subdivision 4c, is amended to read:

Subd. 4c.

Special review board.

(a) The commissioner shall establish one or more
panels of a special review board. The board shall consist of three members experienced
in the field of mental illness. One member of each special review board panel shall be a
psychiatrist or a doctoral level psychologist with forensic experience and one member
shall be an attorney. No member shall be affiliated with the Department of Human
Services. The special review board shall meet at least every six months and at the call of
the commissioner. It shall hear and consider all petitions for a reduction in custody or to
appeal a revocation of provisional discharge. A "reduction in custody" means transfer
from a secure treatment facility, discharge, and provisional discharge. Patients may be
transferred by the commissioner between secure treatment facilities without a special
review board hearing.

Members of the special review board shall receive compensation and reimbursement
for expenses as established by the commissioner.

(b) deleted text begin A petition filed by a person committed as mentally ill and dangerous to the public
under this section must be heard as provided in subdivision 5 and, as applicable, subdivision
13. A petition filed by deleted text end A person committed deleted text begin as a sexual psychopathic personality or as
a sexually dangerous person under chapter deleted text end deleted text begin 253D deleted text end deleted text begin , or committed deleted text end as both mentally ill and
dangerous to the public under this section and as a sexual psychopathic personality or as a
sexually dangerous person deleted text begin must be heard as provided in section 253D.27 deleted text end new text begin under chapter
253D is not entitled to file a petition for a reduction in custody under this section new text end .

Sec. 6.

Minnesota Statutes 2014, section 253B.19, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Sex offender civil commitments. new text end

new text begin The judicial appeal panel shall consider
petitions for relief brought by a person who is civilly committed under chapter 253D
regarding review of a biennial report, revocation of a transfer or provisional discharge, or
a petition for discharge, as provided for under that chapter.
new text end

Sec. 7.

Minnesota Statutes 2014, section 253D.02, is amended by adding a subdivision
to read:

new text begin Subd. 9a. new text end

new text begin Judicial appeal panel. new text end

new text begin "Judicial appeal panel" means the appeal panel
established under section 253B.19.
new text end

Sec. 8.

Minnesota Statutes 2014, section 253D.02, is amended by adding a subdivision
to read:

new text begin Subd. 12a. new text end

new text begin Screening unit. new text end

new text begin "Screening unit" means the sex offender civil
commitment screening unit established under section 253D.05.
new text end

Sec. 9.

new text begin [253D.05] SEX OFFENDER CIVIL COMMITMENT SCREENING UNIT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin (a) A sex offender civil commitment screening
unit is established. The screening unit is part of the executive branch of government.
The screening unit must operate as a centralized, professionally independent unit with
statewide jurisdiction to develop and implement a comprehensive assessment process to
evaluate whether individuals meet the criteria for civil commitment under this chapter and
the appropriate terms and conditions of commitment, including placement.
new text end

new text begin (b) An executive board comprised of two members appointed by the commissioner
of human services, two members appointed by the commissioner of corrections, and
one member appointed by the Supreme Court is responsible for overseeing the general
administrative operations of the screening unit but has no control over the performance of
professional duties of the screening unit. The member designated by the Supreme Court is
the chair of the board. Members serve two-year terms. A member of the board must not
be an employee of the Department of Human Services, the Department of Corrections, a
county attorney, or the judicial branch. Section 15.0575 applies to the compensation and
removal of members and filling of vacancies.
new text end

new text begin Subd. 2. new text end

new text begin Organization; multidisciplinary teams. new text end

new text begin (a) The executive board
shall hire a director for the screening unit who must be chosen solely on the basis of
training, experience, and other qualifications and will serve at the pleasure of the board.
The director shall employ a sufficient number of individuals to serve as members of
the screening unit and may employ staff to assist the members. The members must
include individuals with the professional expertise, credentials, training, and professional
independence to perform duties under this section.
new text end

new text begin (b) Each case must be reviewed by a screening team comprised of at least three
members of the screening unit. At least two members of a team must be professionals
with training and credentials in the treatment, diagnosis, risk assessment, or management
of sex offenders that ensure that assessments, determinations, and recommendations are
evidence-based and use the most current and accurate science, including validated risk
assessment instruments.
new text end

new text begin Subd. 3. new text end

new text begin Determinations and recommendations; use in court proceedings. new text end

new text begin (a)
The screening unit shall:
new text end

new text begin (1) review cases submitted by the commissioner of corrections under section 244.05,
subdivision 7, or a county attorney under section 253D.07, subdivision 1, and determine
whether the person meets the legal criteria for commitment under this chapter;
new text end

new text begin (2) if a court makes a determination that a respondent is a person with a sexual
psychopathic personality or a sexually dangerous person, make a recommendation
regarding the terms and conditions of the commitment, including the appropriate
placement; and
new text end

new text begin (3) when a case is subject to biennial review under this chapter, conduct a forensic
evaluation and make a recommendation regarding whether the committed person should
be transferred, provisionally discharged, or discharged under this chapter and the
appropriate terms and conditions of any continued commitment, including placement.
new text end

new text begin (b) If a case is submitted to the screening unit by the commissioner of corrections
under section 244.05, subdivision 7, the screening unit shall notify the county attorney of
the county where the inmate was convicted and the county where the inmate resided before
incarceration of its determination regarding whether the person meets the legal criteria for
commitment under this chapter. If the commissioner of corrections provided a preliminary
determination to the screening unit at least 12 months before the inmate's scheduled release
from prison, the unit shall provide the notice within 90 days after receiving the preliminary
determination from the commissioner of corrections. If the commissioner of corrections
provided a preliminary determination to the screening unit less than 12 months before the
inmate's scheduled release, the unit shall provide the notice nine months before the inmate's
scheduled release or within 30 days after receiving the preliminary determination from the
commissioner of corrections, whichever is later. The screening unit shall release requested
documentation for its determination to the county attorney, including documentation
created by the screening unit or received from the commissioner of corrections.
new text end

new text begin (c) If a case is submitted to the screening unit by a county attorney under section
253D.07, subdivision 1, the screening unit shall notify the county attorney of its
determination regarding whether the person meets the legal criteria for commitment under
this chapter. The notice must be given within 30 days after the case is submitted.
new text end

new text begin (d) Failure to comply with the timelines under paragraph (b) or (c) does not affect
the validity or effectiveness of a determination. A determination or recommendation
of the screening unit is not binding but may be admissible in a proceeding under this
chapter. A member of the screening unit must not testify at a proceeding where a report
of the screening unit will be considered.
new text end

new text begin Subd. 4. new text end

new text begin Access to data. new text end

new text begin The screening unit has access to the data specified in
sections 244.05, subdivision 7, paragraph (b), and 253D.08, subdivision 2, for purposes
of making a determination under subdivision 3, paragraph (a), clause (1). The screening
unit may move for an order under section 253D.08, subdivision 1, in the same manner
as the county attorney to obtain access to other records regarding an inmate or potential
respondent that may be relevant to its determination.
new text end

new text begin Subd. 5. new text end

new text begin Development and publication of standards. new text end

new text begin (a) The screening unit shall
develop clear, consistent, and scientifically based standards by which individuals are
screened for civil commitment and for determining the appropriate treatment, including
standards for determining whether an individual meets the legal criteria for commitment;
terms and conditions of commitment, including placement; and standards for a transfer,
provisional discharge, or discharge. The standards must be evidence-based and use the
most current and accurate science, including validated risk assessment instruments.
new text end

new text begin (b) The screening unit shall maintain expertise on the most current and accurate
assessment methods and analysis and regularly publish guidance on these subjects for the
benefit of courts, petitioners, defense counsel, and individuals subject to civil commitment
proceedings under this chapter.
new text end

new text begin (c) The screening unit shall develop assessment standards for use by the
commissioner of corrections under section 244.05, subdivision 7, for purposes of making
a determination that an inmate is in a high-risk category and a preliminary determination
that a petition under this chapter may be appropriate.
new text end

new text begin Subd. 6. new text end

new text begin Audit. new text end

new text begin At least once every two years, the executive board established
under subdivision 1 shall arrange for an independent audit of the work of the screening
unit to ensure that the screening unit produces consistent, accurate, and quality evaluations
that identify the scientific basis for recommendations and that the screening unit operates
as a professionally independent entity that is not subject to pressure or retaliation from
any source in the performance of its duties.
new text end

Sec. 10.

Minnesota Statutes 2014, section 253D.07, subdivision 1, is amended to read:

Subdivision 1.

Commitment generally.

new text begin (a) new text end Before commitment proceedings are
instituted, the deleted text begin facts shall first be submitted deleted text end new text begin case must be submitted to the screening unit
under section 253D.05, provided that if the case was submitted to the screening unit by
the commissioner of corrections under section 244.05, subdivision 7, and the screening
unit has not submitted its determination 48 hours before the inmate's scheduled release,
the county attorney may file a petition pending a determination by the screening unit. In
addition, the county attorney may file a petition pending a determination if there is good
cause for not submitting the case to the screening unit in time to receive a determination
before the filing of the petition. The petition must include a statement of good cause.
Upon a motion to dismiss for lack of good cause, or when considering an application of
the county attorney for a judicial hold order under section 253B.07, subdivision 2b or 7,
the court shall dismiss the petition unless the court determines that the county attorney has
established good cause. Dismissal does not preclude the county attorney from filing a new
petition after the requirements of this paragraph have been satisfied.
new text end

new text begin (b) The screening unit must submit its determination regarding whether an individual
meets the legal criteria for commitment under this chapter new text end to the county attorney, who, if
satisfied that good cause exists, will prepare the petition. deleted text begin The county attorney may request
a prepetition screening report deleted text end new text begin A determination by the screening unit that an individual
does not meet the criteria for commitment is not binding on the county attorney new text end . The
petition is to be executed by a person having knowledge of the facts and filed with the
deleted text begin district court of the county of financial responsibility, as defined in section 253B.02,
subdivision 4c, or the county where the respondent is present. If the respondent is in the
custody of the commissioner of corrections, the petition may be filed in the county where
the conviction for which the person is incarcerated was entered deleted text end new text begin Supreme Court for referral
to the judicial panel under section 253D.11. The county attorney, as determined pursuant
to section 253B.23, subdivision 1b, is responsible for making a decision regarding the
filing of a commitment petition new text end .

Sec. 11.

Minnesota Statutes 2014, section 253D.07, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Secure treatment facility deleted text end new text begin Standard for commitment; evaluation new text end .

new text begin (a)
new text end If the court finds by clear and convincing evidence that the respondent is a sexually
dangerous person or a person with a sexual psychopathic personality, the court shall
commit the person to new text begin the commissioner for placement in new text end a secure treatment facility deleted text begin unless
the person establishes by clear and convincing evidence that a less restrictive treatment
program is available, is willing to accept the respondent under commitment, and is
consistent with the person's treatment needs and the requirements of public safety. deleted text end new text begin for
evaluation and proposed disposition. The Minnesota sex offender program is not required
to provide sex offender treatment to the person until the court issues a disposition order.
new text end

new text begin (b) Within 60 days following commitment and placement of the patient in a
secure treatment facility, the screening unit shall evaluate the patient, consider possible
dispositions, and file a written disposition report with the committing court. If the person
is in the custody of the commissioner of corrections when the commitment is ordered
under paragraph (a), the written disposition report must be filed no later than 60 days after
the person is admitted to the secure treatment facility. The screening unit may perform
part or all of the evaluation, including providing the disposition report to the court, before
the person is placed in a secure treatment facility by the commissioner. The screening
unit may request that the court grant an extension of the 60-day deadline, which may
be granted for good cause after opportunity for objection by the patient and the county
attorney. The disposition report must recommend whether the person should be placed
on strict and intensive supervision and treatment or in a secure treatment facility. If the
recommendation is for placement on strict and intensive supervision and treatment, the
report must specifically describe the conditions that the screening unit determines would
be best suited to meet the person's treatment needs and the requirements of public safety.
Within 30 days after receiving the disposition report, unless otherwise agreed by the
parties, the court shall hold a hearing to make a final determination as to the appropriate
disposition of the case. If the disposition report recommends placement on strict and
intensive supervision and treatment, either party or the court may request the court
examiners to address the sufficiency and conditions of the plan.
new text end

new text begin (c) Between the time of the commitment order under paragraph (a) and the court's
disposition order under paragraph (b), with the agreement of the committed person the
person may be held in a Department of Corrections facility according to the provisions of
section 253D.10, subdivision 2, even though the person is not under a judicial hold order
under section 253B.07, subdivision 2b or 7. During any time the person is confined in a
Department of Corrections facility under this paragraph, the county's responsibility for
costs of confinement must not exceed 25 percent and the Department of Human Services
shall reimburse the Department of Corrections for the remaining 75 percent.
new text end

new text begin (d) At the time of commitment, the court shall provide the screening unit copies of
the court-appointed examiners' reports and the exhibits admitted in the case. Upon request
of the screening unit, the county attorney shall provide copies of records gathered by the
county attorney for purposes of the case. Upon request, the screening unit is entitled to
promptly obtain records and data regarding the committed person from the Department of
Corrections, a probation or parole agency, and a program or provider that has provided sex
offender or mental health evaluation or treatment to the committed person.
new text end

Sec. 12.

Minnesota Statutes 2014, section 253D.07, is amended by adding a
subdivision to read:

new text begin Subd. 3a. new text end

new text begin Disposition. new text end

new text begin (a) If a specific plan for strict and intensive supervision and
treatment is proposed in the disposition report or by the committed person, the court
shall commit the person to strict and intensive supervision and treatment, unless the
petitioner proves by a preponderance of the evidence that the plan is not sufficient to meet
the person's treatment needs or the requirements of public safety. If no specific plan is
presented, or if the court determines that no plan that is proposed is sufficient, the court
shall commit the person to a secure treatment facility.
new text end

new text begin (b) If the court finds that strict and intensive supervision and treatment is appropriate,
the court shall notify the Minnesota sex offender program, which must prepare a plan
that identifies the treatment and services for the patient, including recommendations
regarding the conditions of strict and intensive supervision and treatment. The plan must
be presented to the court for its approval within 60 days after the court finds that strict
and intensive supervision and treatment is appropriate, unless the program or the patient
requests additional time to develop the plan and the court determines there is good cause
to allow an extension for a specified period.
new text end

new text begin (c) An order for strict and intensive supervision and treatment places the patient
in the custody and control of the commissioner of human services for the provision of
treatment, services, and supervision under the Minnesota sex offender program and the
patient is subject to the conditions set by the court and the program, which must ensure the
safety of the public while meeting the treatment needs of the civilly committed patient.
new text end

new text begin (d) If the program determines that a patient under this subdivision has violated a
condition under paragraph (c) or is exhibiting behavior that may be dangerous to self or
others or that the interests of public safety require that strict and intensive supervision
and treatment placement be revoked, the program may, using the procedures in section
253D.29, subdivision 3, or 253D.30, subdivision 5, revoke the patient's placement on
strict and intensive supervision and treatment and place the patient in a secure treatment
facility. The patient may appeal the revocation using the procedures in section 253D.29,
subdivision 3, or 253D.30, subdivision 5, except that appeal is to the committing court. If
the committing court determines that a condition of the strict and intensive supervision and
treatment placement has been violated or that the safety of the patient or others requires
that the strict and intensive supervision and treatment placement be revoked, the court
shall affirm the revocation of the strict and intensive supervision and treatment placement
and order an appropriate commitment placement under this section. The court may also,
after notice to the parties and opportunity for hearing, reinstate the person on strict and
intensive supervision under modified conditions the court determines are sufficient to
satisfy the person's treatment needs and the requirements of public safety. If the court
finds there was no violation and that the safety of the committed person or others does not
require that the strict and intensive supervision be revoked, it shall reverse the revocation
and order that the strict and intensive supervision placement be reinstated.
new text end

new text begin (e) This subdivision does not affect or replace any applicable registration
requirements under section 243.166 or notice requirements under sections 244.052 and
244.053.
new text end

Sec. 13.

Minnesota Statutes 2014, section 253D.08, is amended to read:

253D.08 COUNTY ATTORNEY ACCESS TO DATA.

new text begin Subdivision 1. new text end

new text begin Court order required. new text end

new text begin (a) new text end Notwithstanding sections 144.291
to 144.298; 245.467, subdivision 6; 245.4876, subdivision 7; 260B.171; 260B.235,
subdivision 8; 260C.171; and 609.749, subdivision 6, or any provision of chapter 13 or
other state law, prior to filing a petition for commitment of a sexually dangerous person
or a person with a sexual psychopathic personality, and upon notice to the proposed
committed person, the county attorney or the county attorney's designee may move the
court for an order granting access to any records or data, to the extent it relates to the
proposed committed person, for the purpose of determining whether good cause exists to
file a petition and, if a petition is filed, to support the allegations set forth in the petition.

new text begin (b) new text end The court may grant the motion if: (1) the Department of Corrections refers
the case for commitment of a sexually dangerous person or a person with a sexual
psychopathic personality; or (2) upon a showing that the requested category of data or
records may be relevant to the determination by the county attorney or designee. The court
shall decide a motion under this section within 48 hours after a hearing on the motion.
Notice to the proposed committed person need not be given upon a showing that such
notice may result in harm or harassment of interested persons or potential witnesses.

new text begin Subd. 2. new text end

new text begin Court order not required; Department of Corrections, probation, or
parole data. new text end

Notwithstanding any provision of chapter 13 or other state law, a county
attorney considering the civil commitment of a person under this chapter may obtain
records and data from the Department of Corrections or any probation or parole agency in
this state upon request, without a court order, for the purpose of determining whether good
cause exists to file a petition and, if a petition is filed, to support the allegations set forth in
the petition. At the time of the request for the records, the county attorney shall provide
notice of the request to the person who is the subject of the records.

new text begin Subd. 3. new text end

new text begin Data retain classification; limited use in other proceedings. new text end

Data
collected pursuant to this section shall retain their original status and, if not public, are
inadmissible in any court proceeding unrelated to civil commitment, unless otherwise
permitted.

Sec. 14.

Minnesota Statutes 2014, section 253D.09, is amended to read:

253D.09 PETITION new text begin DETERMINATION new text end REQUIRED.

(a) Within 120 days of receipt of a preliminary determination from a court under
section 609.1351, or a deleted text begin referral deleted text end new text begin determination new text end from the deleted text begin commissioner of corrections deleted text end new text begin sex
offender civil commitment screening unit new text end pursuant to section deleted text begin 244.05, subdivision 7 deleted text end new text begin
253D.05 new text end , a county attorney shall determine whether good cause under section 253D.07
exists to file a petition, and if good cause exists, the county attorney or designee shall file
the petition with the court.

(b) Failure to meet the requirements of paragraph (a) does not bar filing a petition
under section 253D.07, subdivision 2, any time the county attorney determines pursuant
to section 253D.07 that good cause for such a petition exists new text begin , provided that the case has
been submitted to the screening unit under section 253D.05 new text end .

Sec. 15.

Minnesota Statutes 2014, section 253D.11, is amended to read:

253D.11 STATEWIDE JUDICIAL PANEL.

deleted text begin Subdivision 1. deleted text end

deleted text begin Establishment. deleted text end

The Supreme Court deleted text begin may deleted text end new text begin shall new text end establish a panel of
district judges new text begin , which may include retired judges, new text end with statewide authority to preside
over commitment proceedings of sexually dangerous persons or persons with sexual
psychopathic personalities. deleted text begin Only deleted text end One judge of the panel deleted text begin is required to deleted text end new text begin will new text end preside over
a particular commitment proceeding. Panel members shall serve deleted text begin for one-year deleted text end terms new text begin
specified by the Supreme Court new text end . One of the judges shall be designated as the chief judge
of the panel, and is vested with the power to designate the presiding judge in a particular
case, to set the proper venue for the proceedings, and to otherwise supervise and direct
the operation of the panel. The chief judge shall designate one of the other judges to act
as chief judge whenever the chief judge is unable to act.

deleted text begin Subd. 2. deleted text end

deleted text begin Petitions. deleted text end

deleted text begin If the Supreme Court creates the judicial panel authorized by this
section, all petitions for civil commitment brought under section 253D.07 shall be filed
with the supreme court instead of with the district court in the county where the proposed
patient is present, notwithstanding any provision of section 253D.07 to the contrary.
Otherwise, all of the other applicable procedures contained in this chapter and sections
253B.07 and 253B.08 apply to commitment proceedings conducted by a judge on the panel.
deleted text end

Sec. 16.

Minnesota Statutes 2014, section 253D.12, subdivision 2, is amended to read:

Subd. 2.

Share of cost of confinement.

Notwithstanding sections 246.54, 253D.10,
and any other law to the contrary, when a petition is filed for commitment under this
chapter deleted text begin pursuant to the notice required in deleted text end new text begin of a person who was referred under new text end section
244.05, subdivision 7, the state and county are each responsible for 50 percent of the cost
of the person's confinement at a state facility or county jail, prior to commitment.

Sec. 17.

Minnesota Statutes 2014, section 253D.14, subdivision 3, is amended to read:

Subd. 3.

Notice of discharge or release.

Before provisionally discharging,
discharging, deleted text begin granting pass-eligible status, approving a pass plan, deleted text end or otherwise permanently
or temporarily releasing a person committed under this chapter from a treatment facility,
the executive director shall make a reasonable effort to notify any victim of a crime for
which the person was convicted that the person may be discharged or released and that
the victim has a right to submit a written statement regarding deleted text begin decisions of the executive
director, or special review board deleted text end new text begin the decision new text end , with respect to the person. To the extent
possible, the notice must be provided at least 14 days before deleted text begin any special review board deleted text end new text begin a
new text end hearing deleted text begin or before a determination on a pass plan deleted text end . Notwithstanding section 611A.06,
subdivision 4, the commissioner shall provide the judicial deleted text begin appeal deleted text end panel new text begin under section
253D.11 new text end with victim information in order to comply with the provisions of this chapter.
The judicial deleted text begin appeal deleted text end panel shall ensure that the data on victims remains private as provided
for in section 611A.06, subdivision 4.

Sec. 18.

Minnesota Statutes 2014, section 253D.20, is amended to read:

253D.20 RIGHT TO COUNSEL.

A committed person has the right to be represented by counsel at any proceeding
under this chapter. The court shall appoint a qualified attorney new text begin from the sex offender
civil commitment defense panel established under section 253D.201, new text end to represent
the committed person if neither the committed person nor others provide counsel.
The attorney shall be appointed at the time a petition for commitment is filed. In all
proceedings under this chapter, the attorney shall:

(1) consult with the person prior to any hearing;

(2) be given adequate time and access to records to prepare for all hearings;

(3) continue to represent the person throughout any proceedings under this chapter
unless released as counsel by the court; and

(4) be a vigorous advocate on behalf of the person.

Sec. 19.

new text begin [253D.201] SEX OFFENDER CIVIL COMMITMENT DEFENSE
OFFICE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; operation. new text end

new text begin A sex offender civil commitment
defense office is established. The office is part of, but not subject to the administrative
control of, the judicial branch of government. The Supreme Court shall appoint a chief
administrator who shall supervise the operation of the office. The office shall approve and
administer a panel of defense counsel to represent respondents and committed persons in
proceedings under this chapter and provide for investigative and professional resources
necessary for the provision of quality legal representation.
new text end

new text begin Subd. 2. new text end

new text begin Costs of defense services. new text end

new text begin Notwithstanding section 253B.23, subdivision
1, to the extent the costs of defense counsel, examiners, and witnesses employed or used
by the defense office exceed ....... in a proceeding under this chapter, those costs must
be paid by the state.
new text end

Sec. 20.

Minnesota Statutes 2014, section 253D.23, is amended to read:

253D.23 PASSES new text begin PROHIBITED new text end .

A committed person deleted text begin may be released on deleted text end new text begin is not eligible for, and must not receive,
new text end a pass deleted text begin only as provided by deleted text end new text begin . new text end Section 253B.18, subdivisions 4a and 4b new text begin , do not apply to a
committed person new text end .

Sec. 21.

new text begin [253D.25] BIENNIAL REVIEW.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements; examination. new text end

new text begin (a) Within 24 months after
the date of the disposition order under section 253D.07, subdivision 3a, and at least once
every 24 months after that time, the commissioner shall arrange for an examination and
evaluation of the committed person by the screening unit.
new text end

new text begin (b) The screening unit shall prepare a written report of the examination and its
recommendations regarding continued commitment and placement of the committed
person no later than 30 days after the date of the examination. The report must examine
and assess the patient's:
new text end

new text begin (1) progress toward treatment goals;
new text end

new text begin (2) risk to the public; and
new text end

new text begin (3) suitability for an alternative placement that balances the patient's continued
treatment needs and public safety. The screening unit shall provide a copy of the report to
the county attorneys of the committing county and the county of financial responsibility,
the commissioner, and the judicial appeal panel.
new text end

new text begin (c) Notwithstanding paragraph (a), the judicial appeal panel may order an
examination and evaluation of a committed person at any time during the period in which
the person is subject to a commitment order. The examination must be conducted pursuant
to this subdivision.
new text end

new text begin (d) The executive clinical director of the Minnesota sex offender program shall
prepare a treatment progress report and provide a copy of the treatment progress report
to the screening unit and the commissioner for the purposes of the report under this
subdivision. The treatment progress report must consider all of the following:
new text end

new text begin (1) the specific factors associated with the person's risk for committing another
sexually violent offense;
new text end

new text begin (2) whether the person has made significant progress in treatment or has refused
treatment;
new text end

new text begin (3) the ongoing treatment needs of the person; and
new text end

new text begin (4) any specialized needs or conditions associated with the person that must be
considered in future treatment planning.
new text end

new text begin (e) The screening unit and the executive clinical director must have reasonable
access to the person for purposes of examination, to the person's past and present treatment
and supervision records, and to the person's health care records.
new text end

new text begin Subd. 2. new text end

new text begin Report; submission. new text end

new text begin The commissioner shall submit a biennial report
comprised of the examination report under subdivision 1, paragraph (b), and the treatment
progress report under subdivision 1, paragraph (d), to the judicial appeal panel. A copy of
the biennial report must be placed in the person's treatment records. The commissioner
shall provide a copy of the biennial report to the patient and the county attorneys of the
committing county and the county of financial responsibility. The panel shall provide a
copy of the biennial report to the patient's attorney as soon as the attorney is retained
or appointed.
new text end

new text begin Subd. 3. new text end

new text begin Hearing on biennial report. new text end

new text begin (a) Within 28 days after the commissioner
submits a biennial report under subdivision 2, the patient or the patient's attorney may
file supplemental written argument, affidavits, and exhibits, which must be served on
the county attorney. Within 14 days of the service of supplemental documents by the
patient or the patient's attorney, the county attorney of the committing county or county of
financial responsibility may file and serve a written response.
new text end

new text begin (b) Within 60 days after receiving the biennial report, the judicial appeal panel shall
determine whether to set the matter for a hearing. A hearing must be conducted unless the
judicial appeal panel determines that the biennial report and any supplemental documents
fail to present a prima facie case with competent evidence that the patient is entitled to
transfer out of a secure treatment facility, a provisional discharge, or discharge from
commitment. The judicial appeal panel shall allow the executive director to request a
hearing at any time. The judicial appeal panel may require a hearing at any time for
good cause.
new text end

new text begin (c) If a hearing is ordered under paragraph (b), the hearing must be held within
180 days after the order, unless an extension is granted for good cause. The patient, the
patient's counsel, and the county attorney of the committing county or the county of
financial responsibility shall participate as parties to the proceeding pending before the
judicial appeal panel and shall, no later than 20 days before the hearing on the petition,
inform the judicial appeal panel and the opposing party in writing whether they support
or oppose transfer, provisional discharge, or discharge, and provide a summary of facts
in support of their position. The judicial appeal panel may appoint examiners and may
adjourn the hearing from time to time. It shall hear and receive all relevant testimony and
evidence and make a record of all proceedings. The patient, the patient's counsel, and the
county attorney of the committing county or the county of financial responsibility have the
right to be present and may present and cross-examine all witnesses and offer a factual
and legal basis in support of their positions. The party opposing discharge or provisional
discharge bears the burden of proof by clear and convincing evidence that the discharge or
provisional discharge should be denied. A party seeking transfer under section 253D.29
must establish by a preponderance of the evidence that the transfer is appropriate.
new text end

new text begin (d) This subdivision applies to individuals committed under this chapter and
individuals committed under this chapter and section 253B.18. The procedures in section
253D.14 for victim notification and right to submit a statement apply to hearings under
this subdivision. A hearing under this subdivision is considered to be a commitment
proceeding under section 8.01.
new text end

new text begin Subd. 4. new text end

new text begin Effect of new criminal charge or conviction. new text end

new text begin If a person committed
under this section is incarcerated for a new criminal charge or conviction, any reporting
requirement under subdivision 1 or 2 does not apply during the incarceration period. The
judicial appeal panel may order an examination of the person under subdivision 1 if the
panel finds an examination is necessary. The required reports are due 24 months after the
person is returned to the custody and control of the commissioner of human services
under the Minnesota sex offender program.
new text end

new text begin Subd. 5. new text end

new text begin Effect of failure to complete or file report. new text end

new text begin Failure to complete or file
any required report within the specified time period does not affect the validity of the
person's continuing commitment.
new text end

Sec. 22.

Minnesota Statutes 2014, section 253D.29, subdivision 2, is amended to read:

Subd. 2.

Voluntary readmission to a secure facility.

(a) After a committed person
has been transferred out of a secure facility pursuant to subdivision 1 and with the consent
of the executive director, a committed person may voluntarily return to a secure facility
for a period of up to 60 days.

(b) If the committed person is not returned to the facility to which the person was
originally transferred pursuant to subdivision 1 within 60 days of being readmitted to a
secure facility, the transfer is revoked and the committed person shall remain in a secure
facility. The committed person shall immediately be notified in writing of the revocation.

(c) Within 15 days of receiving notice of the revocation, the committed person may
petition the deleted text begin special review board deleted text end new text begin judicial appeal panel new text end for a review of the revocation. The
deleted text begin special review board deleted text end new text begin judicial appeal panel new text end shall review the circumstances of the revocation
and shall deleted text begin recommend to the judicial appeal panel deleted text end new text begin determine new text end whether or not the revocation
shall be upheld. The deleted text begin special review board deleted text end new text begin judicial appeal panel new text end may also deleted text begin recommend deleted text end
new text begin order new text end a new transfer at the time of the revocation hearing.

(d) If the transfer has not been revoked and the committed person is to be returned
to the facility to which the committed person was originally transferred pursuant to
subdivision 1 with no substantive change to the conditions of the transfer ordered pursuant
to subdivision 1, no action by the deleted text begin special review board or deleted text end judicial appeal panel is required.

Sec. 23.

Minnesota Statutes 2014, section 253D.29, subdivision 3, is amended to read:

Subd. 3.

Revocation.

(a) The executive director may revoke a transfer made pursuant
to subdivision 1 and require a committed person to return to a secure treatment facility if:

(1) remaining in a nonsecure setting will not provide a reasonable degree of safety to
the committed person or others; or

(2) the committed person has regressed in clinical progress so that the facility to
which the committed person was transferred is no longer sufficient to meet the committed
person's needs.

(b) Upon the revocation of the transfer, the committed person shall be immediately
returned to a secure treatment facility. A report documenting reasons for revocation shall
be issued by the executive director within seven days after the committed person is
returned to the secure treatment facility. Advance notice to the committed person of the
revocation is not required.

(c) The committed person must be provided a copy of the revocation report and
informed, orally and in writing, of the rights of a committed person under this section. The
revocation report shall be served upon the committed person and the committed person's
counsel. The report shall outline the specific reasons for the revocation including, but not
limited to, the specific facts upon which the revocation is based.

(d) If a committed person's transfer is revoked, the committed person may re-petition
for transfer according to section 253D.27.

(e) Any committed person aggrieved by a transfer revocation decision may petition
the deleted text begin special review board deleted text end new text begin judicial appeal panel new text end within seven days, exclusive of Saturdays,
Sundays, and legal holidays, after receipt of the revocation report for a review of the
revocation. The matter shall be scheduled within 30 days. The deleted text begin special review board deleted text end
new text begin judicial appeal panel new text end shall review the circumstances leading to the revocation and, after
considering the factors in subdivision 1, paragraph (b), shall deleted text begin recommend to the judicial
appeal panel deleted text end new text begin determine new text end whether or not the revocation shall be upheld. The deleted text begin special review
board deleted text end new text begin judicial appeal panel new text end may also deleted text begin recommend deleted text end new text begin order new text end a new transfer out of a secure
facility at the time of the revocation hearing.

Sec. 24.

Minnesota Statutes 2014, section 253D.30, subdivision 3, is amended to read:

Subd. 3.

Review.

A provisional discharge pursuant to this chapter shall not
automatically terminate. A full discharge shall occur only as provided in section 253D.31.
The terms of a provisional discharge continue unless the committed person requests and
is granted a change in the conditions of provisional discharge or unless the committed
person petitions the deleted text begin special review board deleted text end new text begin judicial appeal panel new text end for a full discharge and the
discharge is granted deleted text begin by the judicial appeal panel deleted text end .

Sec. 25.

Minnesota Statutes 2014, section 253D.30, subdivision 4, is amended to read:

Subd. 4.

Voluntary readmission.

(a) With the consent of the executive director, a
committed person may voluntarily return to the Minnesota sex offender program from
provisional discharge for a period of up to 60 days.

(b) If the committed person is not returned to provisional discharge status within 60
days of being readmitted to the Minnesota sex offender program, the provisional discharge
is revoked. The committed person shall immediately be notified of the revocation in
writing. Within 15 days of receiving notice of the revocation, the committed person may
request a review of the matter before the deleted text begin special review board deleted text end new text begin judicial appeal panel new text end . The
deleted text begin special review board deleted text end new text begin judicial appeal panel new text end shall review the circumstances of the revocation
and, after applying the standards in subdivision 5, paragraph (a), shall deleted text begin recommend to the
judicial appeal panel deleted text end new text begin determine new text end whether or not the revocation shall be upheld. The deleted text begin board deleted text end
new text begin judicial appeal panel new text end may deleted text begin recommend deleted text end new text begin order new text end a return to provisional discharge status.

(c) If the provisional discharge has not been revoked and the committed person is to
be returned to provisional discharge, the Minnesota sex offender program is not required
to petition for a further review by the deleted text begin special review board deleted text end new text begin judicial appeal panel new text end unless the
committed person's return to the community results in substantive change to the existing
provisional discharge plan.

Sec. 26.

Minnesota Statutes 2014, section 253D.30, subdivision 5, is amended to read:

Subd. 5.

Revocation.

(a) The executive director may revoke a provisional discharge
if either of the following grounds exist:

(1) the committed person has departed from the conditions of the provisional
discharge plan; or

(2) the committed person is exhibiting behavior which may be dangerous to self
or others.

(b) The executive director may revoke the provisional discharge and, either orally
or in writing, order that the committed person be immediately returned to a Minnesota
sex offender program treatment facility. A report documenting reasons for revocation
shall be issued by the executive director within seven days after the committed person
is returned to the treatment facility. Advance notice to the committed person of the
revocation is not required.

(c) The committed person must be provided a copy of the revocation report and
informed, orally and in writing, of the rights of a committed person under this section.
The revocation report shall be served upon the committed person, the committed person's
counsel, and the county attorneys of the county of commitment and the county of financial
responsibility. The report shall outline the specific reasons for the revocation, including
but not limited to the specific facts upon which the revocation is based.

(d) An individual who is revoked from provisional discharge must successfully
re-petition the deleted text begin special review board and deleted text end judicial appeal panel prior to being placed back
on provisional discharge.

Sec. 27.

Minnesota Statutes 2014, section 253D.30, subdivision 6, is amended to read:

Subd. 6.

Appeal.

Any committed person aggrieved by a revocation decision or any
interested person may petition the deleted text begin special review board deleted text end new text begin judicial appeal panel new text end within seven
days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of the revocation
report for a review of the revocation. The matter shall be scheduled within 30 days. The
deleted text begin special review board deleted text end new text begin judicial appeal panel new text end shall review the circumstances leading to the
revocation and shall deleted text begin recommend to the judicial appeal panel deleted text end new text begin determine new text end whether or not
the revocation shall be upheld. The deleted text begin special review board deleted text end new text begin judicial appeal panel new text end may also
deleted text begin recommend deleted text end new text begin order new text end a new provisional discharge at the time of the revocation hearing.

Sec. 28.

Minnesota Statutes 2014, section 253D.31, is amended to read:

253D.31 DISCHARGE.

A person who is committed as a sexually dangerous person or a person with a sexual
psychopathic personality shall not be discharged unless it appears to the satisfaction of the
judicial appeal panel deleted text begin , after a hearing and recommendation by a majority of the special
review board, deleted text end that the committed person is capable of making an acceptable adjustment to
open society, is no longer dangerous to the public, and is no longer in need of inpatient
treatment and supervision.

In determining whether new text begin to grant new text end a discharge deleted text begin shall be recommended, the special
review board and deleted text end new text begin , the new text end judicial appeal panel shall consider whether specific conditions exist
to provide a reasonable degree of protection to the public and to assist the committed
person in adjusting to the community. If the desired conditions do not exist, the discharge
shall not be granted.

Sec. 29. new text begin APPROPRIATIONS.
new text end

new text begin (a) $....... in fiscal year 2016 is appropriated from the general fund to the sex offender
civil commitment screening unit established under section 9.
new text end

new text begin (b) $....... in fiscal year 2016 is appropriated from the general fund to the sex
offender civil commitment defense office established under section 19.
new text end

new text begin (c) $....... in fiscal year 2016 and $....... in fiscal year 2017 are appropriated from the
general fund to the commissioner of human services to implement the provisions of this act.
The base for this appropriation is $....... in fiscal year 2018 and $....... in fiscal year 2019.
new text end

Sec. 30. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 253D.27; and 253D.28, new text end new text begin are repealed.
new text end

Sec. 31. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin (a) Except as otherwise provided in this section, this article is effective August
1, 2015.
new text end

new text begin (b) Sections 3 and 4 apply only to petitions for civil commitment filed on or after
August 1, 2015.
new text end

new text begin (c) Petitions for a reduction in custody filed under Minnesota Statutes, section
253D.27, before August 1, 2015, will continue to proceed under the laws and procedures
in effect on July 31, 2015.
new text end

new text begin (d) Notwithstanding the requirements of section 21, the biennial report required under
that section applies to patients with pending petitions no sooner than 12 months after the
final disposition of a petition for reduction in custody that was filed before August 1, 2015.
new text end

new text begin (e) For persons civilly committed on petitions filed before August 1, 2015, and who
are otherwise eligible for a biennial review, the commissioner may initiate the biennial
review based on either the first commitment anniversary date after August 1, 2016, or the
second anniversary date after August 1, 2016.
new text end

ARTICLE 3

SENTENCING

Section 1.

Minnesota Statutes 2014, section 244.05, subdivision 1, is amended to read:

Subdivision 1.

Supervised release required.

Except as provided in subdivisions
1b, 4, and 5, new text begin and section 609.3455, subdivision 1a, new text end every inmate shall serve a supervised
release term upon completion of the inmate's term of imprisonment as reduced by any
good time earned by the inmate or extended by confinement in punitive segregation
pursuant to section 244.04, subdivision 2. Except for a sex offender conditionally released
under Minnesota Statutes 2004, section 609.108, subdivision 5, the supervised release
term shall be equal to the period of good time the inmate has earned, and shall not exceed
the length of time remaining in the inmate's sentence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 244.05, subdivision 1b, is amended to read:

Subd. 1b.

Supervised release; offenders who commit crimes on or after August
1, 1993.

(a) Except as provided in subdivisions 4 and 5, new text begin and section 609.3455, subdivision
1a, new text end every inmate sentenced to prison for a felony offense committed on or after August
1, 1993, shall serve a supervised release term upon completion of the inmate's term of
imprisonment and any disciplinary confinement period imposed by the commissioner due
to the inmate's violation of any disciplinary rule adopted by the commissioner or refusal
to participate in a rehabilitative program required under section 244.03. The amount of
time the inmate serves on supervised release shall be equal in length to the amount of
time remaining in the inmate's executed sentence after the inmate has served the term of
imprisonment and any disciplinary confinement period imposed by the commissioner.

(b) No inmate who violates a disciplinary rule or refuses to participate in a
rehabilitative program as required under section 244.03 shall be placed on supervised
release until the inmate has served the disciplinary confinement period for that disciplinary
sanction or until the inmate is discharged or released from punitive segregation
confinement, whichever is later. The imposition of a disciplinary confinement period shall
be considered to be a disciplinary sanction imposed upon an inmate, and the procedure for
imposing the disciplinary confinement period and the rights of the inmate in the procedure
shall be those in effect for the imposition of other disciplinary sanctions at each state
correctional institution.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2014, 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, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2014, 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 11.
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 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 11, 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, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

new text begin [244.059] SEX OFFENDERS; REQUIREMENT FOR COUNTIES TO
PROVIDE HOUSING.
new text end

new text begin (a) Each county, based on the number of offenders from the county under the
custody of the commissioner for violating sections 609.342 to 609.3453 in the previous
ten years, shall determine the average annual number of sex offenders from the county
under the commissioner's custody.
new text end

new text begin (b) Each county shall provide appropriate community housing options within the
county for sex offenders of at least an equal amount as the annual average determined in
paragraph (a).
new text end

Sec. 6.

Minnesota Statutes 2014, section 244.101, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Exception. new text end

new text begin This section does not apply to offenders receiving executed
sentences for violating section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision
3, or 609.3453. These offenders' sentences are governed by section 609.3455.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2014, section 609.135, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Mandatory lifetime probation for sex offenders. new text end

new text begin (a) When a court stays
the imposition or execution of sentence for a person convicted of violating section 609.342,
609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453, notwithstanding the
statutory maximum penalty otherwise applicable to the offense or subdivision 2, the court
shall place the person on probation for the reminder of the person's life.
new text end

new text begin (b) The court shall have continuing jurisdiction over persons placed on lifetime
probation under this subdivision. If the person fails to meet any condition of probation,
the court may order an appropriate sanction, including, but not limited to, incarcerating
the person for a period specified by the court in a local jail or workhouse or revoking the
probation and executing the person's sentence.
new text end

new text begin (c) If the court subsequently executes a person's sentence under paragraph (b), and
the person is later released from prison, the provisions of section 609.3455, subdivision 7,
apply and the person is no longer on lifetime probation.
new text end

new text begin (d) Unless the court orders a higher level of monitoring, a probation agent may use
low-intensity monitoring methods for an offender placed on lifetime probation but, at a
minimum, must require the offender to provide the agent with annual address verification
by mail.
new text end

new text begin (e) An offender may petition the court to remove lifetime probation if at least ten
years have passed since sentencing or the offender's last probation violation, whichever
occurred most recently. Unless the court determines that good cause exists to continue
probation, the court must grant the offender's petition if the offender was not convicted of
another crime during the probationary period. If the court rejects the offender's petition,
the offender may not submit another application until two years after the date the court
denied the offender's last petition.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2014, section 609.3455, is amended to read:

609.3455 deleted text begin DANGEROUS deleted text end SEX OFFENDERS; LIFE new text begin AND STATUTORY
MAXIMUM new text end SENTENCES; new text begin RELEASE ELIGIBILITY; 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, new text begin subdivision 3, new text end 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 11.
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.

new text begin Subd. 1a. new text end

new text begin Executed sentences; no right to release upon completion of term of
imprisonment. new text end

new text begin (a) A person who receives an executed sentence for a violation of section
609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453 is not entitled
to be released upon completion of the person's term of imprisonment and any disciplinary
confinement period imposed by the commissioner. Instead, the person must petition the
special review panel for release under subdivision 12.
new text end

new text begin (b) A person described in paragraph (a) may not be imprisoned under this
subdivision for a period that is longer than the person's executed sentence.
new text end

new text begin (c) This subdivision does not apply to persons sentenced under subdivision 2, 3, 3a,
3b, or 4.
new text end

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 (c), (d), (e), (f), or (h); or 609.343, subdivision 1,
paragraph (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 (c), (d), (e), (f), or (h), or 609.343, subdivision
1, paragraph (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.

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; repeat 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, 609.343, 609.344, 609.345,
or 609.3453 and the person has a previous or prior sex offense conviction.
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; new text begin or
new text end

(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 deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (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:
deleted text end

deleted text begin (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;
deleted text end

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

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

(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, 609.343, 609.344, 609.345, or 609.3453 and the person has
two or more previous or prior sex offense convictions.
new text end

new text begin (c) new text end Notwithstanding deleted text begin paragraph deleted text end new text begin paragraphs new text end (a) new text begin and (b) new text end , 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.

new text begin Subd. 4a. new text end

new text begin Exception to certain mandatory sentences. new text end

new text begin The mandatory sentences
described in subdivisions 3b and 4, paragraph (b), do not apply to persons convicted of
violating section 609.342, subdivision 1, paragraph (b) or (g); 609.343, subdivision 1,
paragraph (b) or (g); 609.344, subdivision 1, paragraph (b), (e), (f), (h), (i), (j), (k), (l),
(m), (n), or (o); or 609.345, subdivision 1, paragraph (b), (e), (f), (h), (i), (j), (k), (l), (m),
(n), or (o) unless the fact finder determines that the required prior sex offense conviction
or, if applicable, convictions and the present offense each involved separate victims. This
exception applies only to determining whether a prior sex offense conviction triggers
a sentence under subdivision 3b or 4, paragraph (b). It does not apply to determining
whether a previous sex offense conviction triggers the sentence.
new text end

new text begin Subd. 4b. new text end

new text begin Statutory maximum and lifetime sentences; stay of imposition
or execution. new text end

new text begin A court may stay execution of a sentence described in subdivision 3b
or subdivision 4, paragraph (b), but may not stay the imposition or adjudication of the
sentence. If a stay of execution is a departure from the sentencing guidelines, the court
shall make written findings of fact as to the reasons for the departure.
new text end

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. new text begin This minimum term is subject to section 244.101, subdivision 1, and is
equal to two-thirds of the sentence the court pronounces.
new text end

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 been released from prison, the commissioner shall place the offender on conditional
release for ten years.

Subd. 7.

Mandatory lifetime conditional release term.

deleted text begin (a) deleted text end new text begin Notwithstanding the
statutory maximum penalty applicable to the offense, new text end when a court sentences an offender
deleted text begin under subdivision 3 or 4, deleted text end new text begin to the custody of the commissioner of corrections for a violation
of section 609.342, 609.343, 609.345, 609.3451, subdivision 3, or 609.3453, new text end 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.

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

deleted text begin (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.
deleted text end

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, new text begin
609.3451, subdivision 3, new text end 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.

(c) 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. An offender, while on
supervised release, is not entitled to credit against the offender's conditional release term
for time served in confinement for a violation of release.

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.

Subd. 10.

Presumptive executed sentence for repeat sex offenders.

Except as
provided in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to
609.345 or 609.3453 within 15 years of a previous sex offense conviction, the court shall
commit the defendant to the commissioner of corrections for not less than three years, nor
more than the maximum sentence provided by law for the offense for which convicted,
notwithstanding sections 242.19, 243.05, 609.11, 609.12, and 609.135. The court may
stay the execution of the sentence imposed under this subdivision only if it finds that a
professional assessment indicates the offender is accepted by and can respond to treatment
at a long-term inpatient program exclusively treating sex offenders and approved by the
commissioner of corrections. If the court stays the execution of a sentence, it shall include
the following as conditions of probation:

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

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

new text begin Subd. 11. 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 the commissioner of corrections or a designee and two retired judges appointed
by the chief justice of the Supreme Court. The commissioner shall convene the panel's
first meeting. The panel shall choose 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 12 and determine whether to direct the
commissioner of corrections to give supervised release to the petitioner.
new text end

new text begin Subd. 12. new text end

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

new text begin (a) A person sentenced under subdivision
1a, 3, 3b, or 4 may petition the special review panel for supervised release as provided
in this subdivision. 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 direct the commissioner to give supervised release to the
petitioner, the commissioner shall 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. Unless the panel specifies a shorter time period, the
inmate may not petition for supervised release again until:
new text end

new text begin (1) for inmates sentenced under subdivision 3, 3b, or 4, 36 months have elapsed
since the rejection; and
new text end

new text begin (2) for inmates sentenced under subdivision 1a, 18 months have elapsed since the
rejection.
new text end

new text begin (d) A person may initially petition for supervised release under this subdivision
once the person is within 90 days of having served the minimum term of imprisonment
specified by the court. However, no person may actually be released before serving the
minimum term.
new text end

new text begin Subd. 13. new text end

new text begin Criteria for release. new text end

new text begin (a) When considering whether to order the
commissioner of corrections to give supervised release to an inmate serving a sentence
under subdivision 1a, 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. The panel may not direct the commissioner to give supervised
release to an inmate unless, while in prison, the inmate has successfully completed
appropriate sex offender treatment.
new text end

new text begin (b) When making a supervised release decision under paragraph (a), the panel shall
presume that an inmate who has successfully completed appropriate sex offender treatment
while in prison should be given supervised release. However, the panel shall deny the
inmate supervised release if it determines that supervised release is not appropriate based
on the factors specified in paragraph (a).
new text end

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

new text begin (d) The commissioner shall prepare a community investigation report as described in
section 244.05, subdivision 5, paragraph (b), on an inmate who is petitioning for release
under subdivision 12.
new text end

new text begin Subd. 14. 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. 15. 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 chapter 253D.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 9. new text begin DEPARTMENT OF CORRECTIONS SEX OFFENDER TREATMENT.
new text end

new text begin In fiscal year 2016 and later, the commissioner of corrections shall ensure that
the department provides at least the same level of sex offender treatment as provided in
fiscal year 2015, and shall attempt to provide an increased level of treatment beyond
the fiscal year 2015 level.
new text end

Sec. 10. new text begin APPROPRIATION.
new text end

new text begin $....... for the fiscal year ending June 30, 2016, and $....... for the fiscal year ending
June 30, 2017, are appropriated from the general fund to the commissioner of corrections
to provide increased sex offender treatment.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 609.3455, subdivision 6, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end