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Minnesota Legislature

Office of the Revisor of Statutes

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

Subdivision 1. Mandatory increased sentence. 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 factfinder determines that the offender is a danger to public safety; and

(3) the factfinder 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.

Subd. 2. Repealed, 2005 c 136 art 2 s 23

Subd. 3. Predatory crime. As used in this section, "predatory crime" has the meaning given in section 609.341, subdivision 22.

Subd. 4. Danger to public safety. The factfinder 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.

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 terms of conditional release are governed by section 609.3455.

Subd. 7. Commissioner of corrections. The commissioner shall develop a plan to pay the cost of treatment of a person released under subdivision 6. 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.

HIST: 1998 c 367 art 6 s 5; 2005 c 136 art 2 s 6-9; art 3 s 21