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609.109 Presumptive and mandatory sentences for repeat sex offenders.

Subdivision 1. Definition; conviction of offense. For purposes of this section, "offense" means a completed offense or an attempt to commit an offense.

Subd. 2. Presumptive executed sentence. Except as provided in subdivision 3 or 4, if a person is convicted under sections 609.342 to 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 the provisions of 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.

Subd. 3. Mandatory life sentence. (a) The court shall sentence a person to imprisonment for life, notwithstanding the statutory maximum sentence under section 609.342, if:

(1) the person has been indicted by a grand jury under this subdivision;

(2) the person is convicted under section 609.342; and

(3) the court determines on the record at the time of sentencing that any of the following circumstances exists:

(i) the person has previously been sentenced under section 609.1095;

(ii) the person has one previous sex offense conviction for a violation of section 609.342, 609.343, or 609.344 that occurred before August 1, 1989, for which the person was sentenced to prison in an upward durational departure from the Sentencing Guidelines that resulted in a sentence at least twice as long as the presumptive sentence; or

(iii) the person has two previous sex offense convictions under section 609.342, 609.343, or 609.344.

(b) Notwithstanding subdivision 2 and section 609.342, subdivision 3, the court may not stay imposition of the sentence required by this subdivision.

Subd. 4. Mandatory 30-year sentence. (a) The court shall commit a person to the commissioner of corrections for not less than 30 years, notwithstanding the statutory maximum sentence under section 609.343, if:

(1) the person is convicted under section 609.342, subdivision 1, clause (c), (d), (e), or (f); or 609.343, subdivision 1, clause (c), (d), (e), or (f); and

(2) the factfinder determines that:

(i) the crime involved an aggravating factor that would provide grounds for an upward departure under the Sentencing Guidelines other than the aggravating factor applicable to repeat criminal sexual conduct convictions; and

(ii) the person has a previous sex offense conviction under section 609.342, 609.343, or 609.344.

(b) Notwithstanding subdivision 2 and sections 609.342, subdivision 3; and 609.343, subdivision 3, the court may not stay imposition or execution of the sentence required by this subdivision.

Subd. 5. Previous sex offense convictions. For the purposes of this section, a conviction is considered a previous sex offense conviction if the person was convicted of a sex offense before the commission of the present offense of conviction. A person has two previous sex offense convictions only if the person was convicted and sentenced for a sex offense committed after the person was earlier convicted and sentenced for a sex offense, both convictions preceded the commission of the present offense of conviction, and 15 years have not elapsed since the person was discharged from the sentence imposed for the second conviction. A "sex offense" is a violation of sections 609.342 to 609.3453 or any similar statute of the United States, this state, or any other state.

Subd. 6. Minimum departure for sex offenders. The court shall sentence a person to at least twice the presumptive sentence recommended by the Sentencing Guidelines if:

(1) the person is convicted under section 609.342, subdivision 1, clause (c), (d), (e), or (f); 609.343, subdivision 1, clause (c), (d), (e), or (f); or 609.344, subdivision 1, clause (c) or (d); and

(2) the factfinder determines that the crime involved an aggravating factor that would provide grounds for an upward departure under the Sentencing Guidelines.

Subd. 7. Repealed, 2005 c 136 art 2 s 23

HIST: 1998 c 367 art 6 s 6; 2002 c 385 s 4; 2005 c 136 art 4 s 3,4; art 16 s 9,10

* NOTE: Subdivision 7 was also amended by Laws 2005, chapter *136, article 3, section 22, to read as follows:

* "Subd. 7. Conditional release of sex offenders. (a) *Notwithstanding the statutory maximum sentence otherwise *applicable to the offense or any provision of the Sentencing *Guidelines, when a court sentences a person to prison for a *violation of section 609.342, 609.343, 609.344, or 609.345, the *court shall provide that after the person has completed the *sentence imposed, the commissioner of corrections shall place *the person on conditional release. If the person was convicted *for a violation of section 609.342, 609.343, 609.344, or *609.345, the person shall be placed on conditional release for *five years, minus the time the person served on supervised *release. If the person was convicted for a violation of one of *those sections after a previous sex offense conviction as *defined in subdivision 5, or sentenced under subdivision 6 to a *mandatory departure, the person shall be placed on conditional *release for ten years, minus the time the person served on *supervised release.

* (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. 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 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 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.

* (c) 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, and other funding sources as they are *identified. This section does not require the commissioner to *accept or retain an offender in a treatment program."