SF 415

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 08:44am

A bill for an act
relating to public safety; providing for a 36-month presumptive executed
sentence for certain repeat sex offenders; amending Minnesota Statutes 2010,
section 609.3455, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 609.3455, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Presumptive executed sentence for repeat sex offenders. new text end

new text begin Except as
provided in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to
609.345 or 609.3453 with 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 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:
new text end

new text begin (1) incarceration in a local jail or workhouse; and
new text end

new text begin (2) a requirement that the offender successfully complete the treatment program and
aftercare as directed by the court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to all
crimes committed on or after that date.
new text end