2004 Minnesota Statutes

     609.108 Mandatory increased sentences for certain 
  patterned and predatory sex offenders; no prior conviction 
  required. 

    Subdivision 1.    Mandatory increased sentence.  (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, based on a 
 Sentencing Guidelines presumptive imprisonment sentence or a 
 dispositional departure for aggravating circumstances or a 
 mandatory minimum sentence, on a person convicted of committing 
 or attempting to commit a violation of section 609.342, 609.343, 
 609.344, or 609.345, or on a person convicted of committing or 
 attempting to commit any other crime listed in subdivision 3 if 
 it reasonably appears to the court that the crime was motivated 
 by the offender's sexual impulses or was part of a predatory 
 pattern of behavior that had criminal sexual conduct as its 
 goal; 

    (2) the court finds that the offender is a danger to public 
 safety; and 

    (3) the court finds that the offender needs long-term 
 treatment or supervision beyond the presumptive term of 
 imprisonment and supervised release.  The finding must be based 
 on a professional assessment by an examiner experienced in 
 evaluating sex offenders that concludes that the offender is a 
 patterned sex offender.  The assessment must contain the facts 
 upon which the conclusion is based, with reference to the 
 offense history of the offender or the severity of the current 
 offense, the social history of the offender, and the results of 
 an examination of the offender's mental status unless the 
 offender refuses to be examined.  The conclusion may not be 
 based on testing alone.  A patterned sex offender is one whose 
 criminal sexual behavior is so engrained that the risk of 
 reoffending is great without intensive psychotherapeutic 
 intervention or other long-term controls. 

    (b) The court shall consider imposing a sentence under this 
 section whenever a person is convicted of violating section 
 609.342 or 609.343. 

    Subd. 2.    Increased statutory maximum.  If the 
 factfinder determines, at the time of the trial or the guilty 
 plea, that a predatory offense was motivated by, committed in 
 the course of, or committed in furtherance of sexual contact or 
 penetration, as defined in section 609.341, and the court is 
 imposing a sentence under subdivision 1, the statutory maximum 
 imprisonment penalty for the offense is 40 years, 
 notwithstanding the statutory maximum imprisonment penalty 
 otherwise provided for the offense. 

    Subd. 3.    Predatory crime.  A predatory crime is a 
 felony violation of section 609.185, 609.19, 609.195, 609.20, 
 609.205, 609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 
 609.255, 609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 
 609.561, or 609.582, subdivision 1. 

    Subd. 4.    Danger to public safety.  The court shall 
 base its finding 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. 

    Subd. 5.    Departure from guidelines.  A sentence 
 imposed under subdivision 1 is a departure from the Sentencing 
 Guidelines. 

    Subd. 6.    Conditional release.  At the time of 
 sentencing under subdivision 1, the court shall provide that 
 after the offender has completed the sentence imposed, less any 
 good time earned by an offender whose crime was committed before 
 August 1, 1993, the commissioner of corrections shall place the 
 offender on conditional release for the remainder of the 
 statutory maximum period, or for ten years, whichever is longer. 

    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.  Before the offender is 
 released, the commissioner shall notify the sentencing court, 
 the prosecutor in the jurisdiction where the offender was 
 sentenced, and the victim of the offender's crime, where 
 available, of the terms of the offender's conditional release.  
 If the offender fails to meet any condition of release, the 
 commissioner may revoke the offender's conditional release and 
 order that the offender serve all or a part of the remaining 
 portion of the conditional release term in prison.  The 
 commissioner shall not dismiss the offender from supervision 
 before the conditional release term expires. 

    Conditional release granted under this subdivision is 
 governed by provisions relating to supervised release, except as 
 otherwise provided in this subdivision, section 244.04, 
 subdivision 1, or 244.05. 

    Subd. 7.    Commissioner of corrections.  The 
 commissioner shall pay the cost of treatment of a person 
 released under subdivision 6.  This section does not require the 
 commissioner to accept or retain an offender in a treatment 
 program. 

    HIST: 1998 c 367 art 6 s 5