1997 Minnesota Statutes

     609.3452 Sex offender assessment. 

    Subdivision 1.    Assessment required.  When a person is 
 convicted of a violation of section 609.342; 609.343; 609.344; 
 609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23, or 
 another offense arising out of a charge based on one or more of 
 those sections, the court shall order an independent 
 professional assessment of the offender's need for sex offender 
 treatment.  The court may waive the assessment if:  (1) the 
 sentencing guidelines provide a presumptive prison sentence for 
 the offender, or (2) an adequate assessment was conducted prior 
 to the conviction.  An assessor providing an assessment for the 
 court must be experienced in the evaluation and treatment of sex 
 offenders. 

    Subd. 2.    Access to data.  Notwithstanding section 
 13.42, 13.85, 144.335, 260.161, or 626.556, the assessor has 
 access to the following private or confidential data on the 
 person if access is relevant and necessary for the assessment: 

    (1) medical data under section 13.42; 

    (2) corrections and detention data under section 13.85; 

    (3) health records under section 144.335; 

    (4) juvenile court records under section 260.161; and 

    (5) local welfare agency records under section 626.556. 

    Data disclosed under this section may be used only for 
 purposes of the assessment and may not be further disclosed to 
 any other person, except as authorized by law. 

    Subd. 3.    Treatment order.  If the assessment 
 indicates that the offender is in need of and amenable to sex 
 offender treatment, the court shall include in the sentence a 
 requirement that the offender undergo treatment, unless the 
 court sentences the offender to prison. 

    HIST: 1992 c 571 art 1 s 20