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Minnesota Legislature

Office of the Revisor of Statutes

609.3457 SEX OFFENDER ASSESSMENT.
    Subdivision 1. Assessment required. When a person is convicted of a sex offense, the
court shall order an independent professional assessment of the offender's need for sex offender
treatment to be completed before sentencing. 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. 1a. Repeat offenders; mandatory assessment. When a person is convicted of a
felony-level sex offense, and the person has previously been convicted of a sex offense regardless
of the penalty level, the court shall order a sex offender assessment to be completed by the
Minnesota security hospital. The assessment must contain the facts upon which the assessment
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 assessment conclusion
may not be based on testing alone. Upon completion, the assessment must be forwarded to
the court and the commissioner of corrections. The court shall consider the assessment when
sentencing the offender and, if applicable, when making the preliminary determination regarding
the appropriateness of a civil commitment petition under section 609.1351.
    Subd. 2. Access to data. Notwithstanding section 13.384, 13.85, 144.335, 260B.171,
260C.171, 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 13.384;
(2) corrections and detention data under section 13.85;
(3) health records under section 144.335;
(4) juvenile court records under sections 260B.171 and 260C.171; 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.
    Subd. 4. Definition. As used in this section, "sex offense" means 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.
History: 1992 c 571 art 1 s 20; 1999 c 139 art 4 s 2; 1999 c 227 s 22; 2001 c 210 s 24-26;
2004 c 228 art 1 s 66; 2005 c 136 art 3 s 23; art 4 s 11