2006 Minnesota Statutes

609.3455 DANGEROUS SEX OFFENDERS; LIFE SENTENCES; 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, 609.3453, or any similar statute of the United States, this state, or
any other state.
(i) "Torture" means the intentional infliction of extreme mental anguish, or extreme
psychological or physical abuse, when committed in an especially depraved manner.
(j) 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.
    Subd. 2. Mandatory life sentence without release for particularly 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 factfinder 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 factfinder 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 factfinder 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 factfinder determines that a heinous element exists.
(b) The factfinder 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 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.
(b) 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.
(c) As used in this section, "predatory crime" has the meaning given in section 609.341,
subdivision 22.
    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;
(2) the person has a previous sex offense conviction and:
(i) the factfinder 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; or
(3) the person has two prior sex offense convictions, and the factfinder determines that the
prior convictions and present offense involved at least three separate victims, and:
(i) the factfinder 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
one of the prior sex offense convictions; or
(iii) the person was sentenced under this section or Minnesota Statutes 2004, section 609.108,
for one of the prior sex offense convictions.
(b) Notwithstanding paragraph (a), 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.
    Subd. 5. Life sentences; minimum term of imprisonment. At the time of sentencing
under subdivision 3 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.
    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 completed the sentence imposed, the
commissioner shall place the offender on conditional release for ten years, minus the time the
offender served on supervised release.
    Subd. 7. Mandatory lifetime conditional release term. (a) When a court sentences an
offender under subdivision 3 or 4, 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.
(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
completed the sentence imposed, the commissioner shall place the offender on conditional release
for the remainder of the offender's life.
(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.
    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, 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. 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.
History: 2005 c 136 art 2 s 21; 2006 c 260 art 1 s 22,23; art 4 s 14