1.1 	A bill for an act
1.2 	relating to public safety; providing for indeterminate sentencing for sex 
1.3 	offenders, legislative auditor recommendations, and sexual assault prevention; 
1.4 	requiring various task forces; requiring reports; appropriating money; amending 
1.5 	Minnesota Statutes 2010, sections 244.05, subdivisions 4, 5; 609.342, subdivision 
1.6 	2; 609.343, subdivision 2; 609.344, subdivision 2; 609.345, subdivision 2; 
1.7 	609.3455, subdivision 6; proposing coding for new law in Minnesota Statutes, 
1.8 	chapters 145; 609; repealing Minnesota Statutes 2010, sections 253B.18, 
1.9 	subdivision 2; 609.342, subdivision 3; 609.343, subdivision 3; 609.345, 
1.10 	subdivision 3.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	ARTICLE 1
1.13 	INDETERMINATE SENTENCING FOR SEX OFFENDERS

1.14 	Section 1. Minnesota Statutes 2010, section 244.05, subdivision 4, is amended to read:
1.15 		Subd. 4.Minimum imprisonment, life sentence and statutory maximum 
1.16 	sentences. (a) An inmate serving a mandatory life sentence under section 609.106 or 
1.17 	609.3455, subdivision 2, must not be given supervised release under this section.
1.18 	(b) An inmate serving a mandatory life sentence under section 609.185, clause (3), 
1.19 	(5), or (6); or Minnesota Statutes 2004, section 609.109, subdivision 3, must not be given 
1.20 	supervised release under this section without having served a minimum term of 30 years.
1.21 	(c) An inmate serving a mandatory life sentence under section 609.385 must not 
1.22 	be given supervised release under this section without having served a minimum term of 
1.23 	imprisonment of 17 years.
1.24 	(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision 
1.25 	3 or 4, or a mandatory statutory maximum sentence under section 609.342 to 609.345, 
1.26 	609.3453, or 609.3455, subdivision 3a, must not be given supervised release under this 
2.1 	section without having served the minimum term of imprisonment specified by the court 
2.2 	in its sentence.

2.3 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
2.4 	committed on or after that date.

2.5 	Sec. 2. Minnesota Statutes 2010, section 244.05, subdivision 5, is amended to read:
2.6 		Subd. 5.Supervised release, life sentence and statutory maximum sentences.
 2.7 	(a) The commissioner of corrections may, under rules promulgated by the commissioner, 
2.8 	give supervised release to an inmate serving a mandatory life sentence under section 
2.9 	609.185, clause (3), (5), or (6); 609.3455, subdivision 3 or 4;609.385; or Minnesota 
2.10 	Statutes 2004, section 609.109, subdivision 3,  after the inmate has served the minimum 
2.11 	term of imprisonment specified in subdivision 4.
2.12 	(b) The commissioner shall give supervised release to an inmate serving a sentence 
2.13 	under section 609.342 to 609.345, 609.3453, or 609.3455, subdivision 3, 3a, or 4, after 
2.14 	the inmate has served the minimum term of imprisonment specified by the court when 
2.15 	directed to do so by the special review panel described in section 609.3458.
2.16 	(c) The commissioner shall require the preparation of a community investigation 
2.17 	report and shall consider the findings of the report when making a supervised release 
2.18 	decision under this subdivision. The report shall reflect the sentiment of the various 
2.19 	elements of the community toward the inmate, both at the time of the offense and at the 
2.20 	present time. The report shall include the views of the sentencing judge, the prosecutor, 
2.21 	any law enforcement personnel who may have been involved in the case, and any 
2.22 	successors to these individuals who may have information relevant to the supervised 
2.23 	release decision. The report shall also include the views of the victim and the victim's 
2.24 	family unless the victim or the victim's family chooses not to participate.
2.25 	(c) (d) The commissioner shall make reasonable efforts to notify the victim, in 
2.26 	advance, of the time and place of the inmate's supervised release review hearing. The 
2.27 	victim has a right to submit an oral or written statement at the review hearing. The 
2.28 	statement may summarize the harm suffered by the victim as a result of the crime and 
2.29 	give the victim's recommendation on whether the inmate should be given supervised 
2.30 	release at this time. The commissioner must consider the victim's statement when making 
2.31 	the supervised release decision.
2.32 	(d) (e) When considering whether to direct the commissioner to give supervised 
2.33 	release to an inmate serving a life sentence under section 609.3455, subdivision 3 or 4, or 
2.34 	a mandatory statutory maximum sentence under section 609.342 to 609.345, 609.3453, 
2.35 	or 609.3455, subdivision 3a, the commissioner special review panel described in section 
3.1 	609.3458 shall consider, at a minimum, the following: the risk the inmate poses to the 
3.2 	community if released, the inmate's progress in treatment, the inmate's behavior while 
3.3 	incarcerated, psychological or other diagnostic evaluations of the inmate, the inmate's 
3.4 	criminal history, and any other relevant conduct of the inmate while incarcerated or 
3.5 	before incarceration. The commissioner panel may not direct the commissioner to give 
3.6 	supervised release to the inmate unless:
3.7 	(1) while in prison:
3.8 	(i) the inmate has successfully completed appropriate sex offender treatment;
3.9 	(ii) the inmate has been assessed for chemical dependency needs and, if appropriate, 
3.10 	has successfully completed chemical dependency treatment; and
3.11 	(iii) the inmate has been assessed for mental health needs and, if appropriate, has 
3.12 	successfully completed mental health treatment; and
3.13 	(2) a comprehensive individual release plan is in place for the inmate that ensures 
3.14 	that, after release, the inmate will have suitable housing and receive appropriate aftercare 
3.15 	and community-based treatment. The comprehensive plan also must include a postprison 
3.16 	employment or education plan for the inmate; and
3.17 	(3) the inmate no longer poses a threat to the public and is capable of reintegration 
3.18 	with the general public.
3.19 	(e) (f) As used in this subdivision, "victim" means the individual who suffered 
3.20 	harm as a result of the inmate's crime or, if the individual is deceased, the deceased's 
3.21 	surviving spouse or next of kin.

3.22 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
3.23 	committed on or after that date.

3.24 	Sec. 3. Minnesota Statutes 2010, section 609.342, subdivision 2, is amended to read:
3.25 		Subd. 2.Penalty. (a) Except as otherwise provided in section 609.3455; or 
3.26 	Minnesota Statutes 2004, section 609.109, a person convicted under subdivision 1 may
3.27 	shall be sentenced to imprisonment for not more than 30 60 years or and to a payment of 
3.28 	a fine of not more than $40,000, or both.
3.29 	(b) Except as otherwise provided in paragraph (c) and unless a longer mandatory 
3.30 	minimum sentence is otherwise required by law or the Sentencing Guidelines provide 
3.31 	for a longer presumptive executed sentence, the court shall presume that an executed 
3.32 	sentence of 144 months must be imposed on an offender convicted of violating this 
3.33 	section. Sentencing a person in a manner other than that described in this paragraph is a 
3.34 	departure from the Sentencing Guidelines.
4.1 	(c) At the time of sentencing, the court shall specify a minimum term of 
4.2 	imprisonment, based on paragraph (b), the Sentencing Guidelines, or an applicable 
4.3 	mandatory minimum sentence, that must be served before the offender may be considered 
4.4 	for supervised release. The minimum sentence for an offender without a prior sex offense 
4.5 	conviction, as that term is defined in section 609.3455, subdivision 1, paragraph (g), is 
4.6 	one-half of the presumptive sentence under the Sentencing Guidelines.
4.7 	(d) A person convicted under this section is also subject to conditional release under 
4.8 	section 609.3455.

4.9 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
4.10 	committed on or after that date.

4.11 	Sec. 4. Minnesota Statutes 2010, section 609.343, subdivision 2, is amended to read:
4.12 		Subd. 2.Penalty. (a) Except as otherwise provided in section 609.3455; or 
4.13 	Minnesota Statutes 2004, section 609.109, a person convicted under subdivision 1 may
4.14 	shall be sentenced to imprisonment for not more than 25 50 years or and to a payment of 
4.15 	a fine of not more than $35,000, or both.
4.16 	(b) Except as otherwise provided in paragraph (c) and unless a longer mandatory 
4.17 	minimum sentence is otherwise required by law or the Sentencing Guidelines provide for 
4.18 	a longer presumptive executed sentence, the court shall presume that an executed sentence 
4.19 	of 90 months must be imposed on an offender convicted of violating subdivision 1, clause 
4.20 	(c), (d), (e), (f), or (h). Sentencing a person in a manner other than that described in this 
4.21 	paragraph is a departure from the Sentencing Guidelines.
4.22 	(c) At the time of sentencing, the court shall specify a minimum term of 
4.23 	imprisonment, based on paragraph (b), the Sentencing Guidelines, or an applicable 
4.24 	mandatory minimum sentence, that must be served before the offender may be considered 
4.25 	for supervised release. The minimum sentence for an offender without a prior sex offense 
4.26 	conviction, as that term is defined in section 609.3455, subdivision 1, paragraph (g), is 
4.27 	one-half of the presumptive sentence under the Sentencing Guidelines.
4.28 	(d) A person convicted under this section is also subject to conditional release under 
4.29 	section 609.3455.

4.30 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
4.31 	committed on or after that date.

4.32 	Sec. 5. Minnesota Statutes 2010, section 609.344, subdivision 2, is amended to read:
5.1 		Subd. 2.Penalty. (a) Except as otherwise provided in section 609.3455, a person 
5.2 	convicted under subdivision 1 may shall be sentenced to imprisonment for not more than 
5.3 	15 30 years or and to a payment of a fine of not more than $30,000, or both. 
5.4 	(b) At the time of sentencing, the court shall specify a minimum term of 
5.5 	imprisonment, based on the Sentencing Guidelines or an applicable mandatory minimum 
5.6 	sentence, that must be served before the offender may be considered for supervised 
5.7 	release. The minimum sentence for an offender without a prior sex offense conviction, as 
5.8 	that term is defined in section 609.3455, subdivision 1, paragraph (g), is one-half of the 
5.9 	presumptive sentence under the Sentencing Guidelines.
5.10 	(c) A person convicted under this section is also subject to conditional release under 
5.11 	section 609.3455.

5.12 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
5.13 	committed on or after that date.

5.14 	Sec. 6. Minnesota Statutes 2010, section 609.345, subdivision 2, is amended to read:
5.15 		Subd. 2.Penalty. (a) Except as otherwise provided in section 609.3455, a person 
5.16 	convicted under subdivision 1 may shall be sentenced to imprisonment for not more than 
5.17 	ten 20 years or and to a payment of a fine of not more than $20,000, or both. 
5.18 	(b) At the time of sentencing, the court shall specify a minimum term of 
5.19 	imprisonment, based on the Sentencing Guidelines or an applicable mandatory minimum 
5.20 	sentence, that must be served before the offender may be considered for supervised 
5.21 	release. The minimum sentence for an offender without a prior sex offense conviction, as 
5.22 	that term is defined in section 609.3455, subdivision 1, paragraph (g), is one-half of the 
5.23 	presumptive sentence under the Sentencing Guidelines.
5.24 	(c) A person convicted under this section is also subject to conditional release under 
5.25 	section 609.3455.

5.26 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
5.27 	committed on or after that date.

5.28 	Sec. 7. Minnesota Statutes 2010, section 609.3455, subdivision 6, is amended to read:
5.29 		Subd. 6.Mandatory ten-year conditional release term. Notwithstanding the 
5.30 	statutory maximum sentence otherwise applicable to the offense and unless a longer 
5.31 	conditional release term is required in subdivision 7, when a court commits an offender 
5.32 	to the custody of the commissioner of corrections for a violation of section 609.342, 
5.33 	609.343, 609.344, 609.345, or 609.3453, the court shall provide that, after the offender 
6.1 	has completed the sentence imposed, the commissioner shall place the offender on 
6.2 	conditional release for ten years, minus which is in addition to the time the offender 
6.3 	served on supervised release.

6.4 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
6.5 	committed on or after that date.

6.6 	Sec. 8. [609.3458] SPECIAL REVIEW PANEL; PETITIONS; HEARINGS.
6.7 		Subdivision 1.Establishment. A special review panel is established and is 
6.8 	governed by section 15.0575, except as otherwise provided in this subdivision. The panel 
6.9 	consists of five members of the public. Members shall serve six-year staggered terms. 
6.10 	The governor shall appoint one member, with the advice and consent of the senate, 
6.11 	who shall serve as the chair. The commissioner of corrections and the commissioner of 
6.12 	human services shall appoint one member each. The chief justice of the Supreme Court 
6.13 	shall appoint two members. Members must be knowledgeable of and have demonstrated 
6.14 	experience in the assessment, treatment, and supervision of sex offenders. The panel shall 
6.15 	meet at the call of the chair. The panel shall hear and consider all petitions for supervised 
6.16 	release from imprisonment under subdivision 2 and determine whether to authorize the 
6.17 	commissioner of corrections to give supervised release to the petitioner.
6.18 		Subd. 2.Petition for release; hearing. (a) A person who was sentenced under 
6.19 	section 609.342 to 609.345, 609.3453, or 609.3455, subdivision 3, 3a, or 4, and who has 
6.20 	served the minimum term of imprisonment specified by the court may petition the special 
6.21 	review panel for supervised release. The panel shall hold a hearing on each petition for 
6.22 	release before making any determination. Within 45 days of the filing of the petition, the 
6.23 	panel shall give written notice of the time and place of the hearing before the panel to all 
6.24 	interested parties, including the petitioner, the petitioner's attorney if applicable, law 
6.25 	enforcement and correctional personnel involved in the case, the sentencing court, the 
6.26 	county attorney's office that prosecuted the case, and any victims of the crime who have 
6.27 	indicated a desire to be notified. The hearing must be recorded and held on the record. 
6.28 	The petitioner may present witnesses on the petitioner's behalf. The county attorney who 
6.29 	prosecuted the case, the sentencing judge, law enforcement and correctional personnel 
6.30 	involved in the case, the victim and the victim's family members, and any other interested 
6.31 	party may submit a written or oral statement at the hearing addressing the appropriateness 
6.32 	of the inmate's release.
6.33 	(b) If a majority of the panel votes to authorize the commissioner to give supervised 
6.34 	release to the petitioner, the commissioner may do so no later than 14 days after the 
6.35 	panel's determination.
7.1 	(c) If the panel rejects the inmate's petition for supervised release, it shall specify 
7.2 	in writing the reasons for the rejection. The inmate may not petition for supervised 
7.3 	release again until 36 months have elapsed since the panel's decision, unless the panel 
7.4 	specifies a shorter time period.
7.5 		Subd. 3.Criteria for release. (a) The panel shall make a decision on authorizing 
7.6 	the supervised release of an inmate sentenced under section 609.342 to 609.345, 609.3453 
7.7 	or  609.3455, subdivision 3, 3a, or 4, as provided in section 244.05, subdivision 5, 
7.8 	paragraph (e).
7.9 	(b) The commissioner shall prepare a community investigation report as described in 
7.10 	section 244.05, subdivision 5, paragraph (c), on an inmate who is petitioning for release 
7.11 	under subdivision 2.
7.12 		Subd. 4.Administrative support. The Department of Corrections shall provide 
7.13 	office space and administrative support to the special review panel.

7.14 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
7.15 	committed on or after that date.

7.16 	Sec. 9.  REPEALER.
 7.17 	Minnesota Statutes 2010, sections 609.342, subdivision 3; 609.343, subdivision 3; 
7.18 	and 609.345, subdivision 3, are repealed.

7.19 	EFFECTIVE DATE. This section is effective August 1, 2011, and applies to crimes 
7.20 	committed on or after that date.

7.21 	ARTICLE 2
7.22 	LEGISLATIVE AUDITOR RECOMMENDATIONS

7.23 	Section 1. SEX OFFENDER RECIDIVISM; DEPARTMENT OF 
7.24 	CORRECTIONS REPORT.
 7.25 	The commissioner of corrections shall determine the recidivism rate for sex 
7.26 	offenders who were referred for civil commitment but not ultimately committed. The 
7.27 	commissioner shall submit a report to the chairs and ranking minority members of the 
7.28 	house of representatives and senate committees with jurisdiction over public safety and 
7.29 	human services by January 15, 2012. The report must contain:
7.30 	(1) the recidivism rate of the designated population;
7.31 	(2) geographic differences in the rate of recidivism among the designated population; 
7.32 	and
8.1 	(3) a comparison of the recidivism rate of the designated population to the recidivism 
8.2 	rate of sex offenders released from prison who were not referred for civil commitment.

8.3 	Sec. 2. ALTERNATE HOUSING FOR CIVILLY COMMITTED SEX 
8.4 	OFFENDERS; STAYS OF COMMITMENT; REPORT.
 8.5 	(a) The commissioner of human services, in consultation with the commissioners 
8.6 	of corrections and administration, shall develop a plan to house clients of the Minnesota 
8.7 	sex offender program in locations other than the state facilities at Moose Lake and St. 
8.8 	Peter. The plan shall include:
8.9 	(1) options for funding the alternate facilities;
8.10 	(2) a timeline for bringing the facilities online;
8.11 	(3) recommendations for statutory changes needed to ensure adequate supervision, 
8.12 	monitoring, and treatment of clients housed in the alternate facilities;
8.13 	(4) recommendations for funding and needed statutory changes required to 
8.14 	implement a stay of commitment option for certain committed sex offenders; and
8.15 	(5) a cost savings analysis of these options compared to the cost of current housing 
8.16 	practices for civilly committed sex offenders.
8.17 	(b) The commissioner shall submit a report on the study, with specific 
8.18 	recommendations, to the chairs and ranking minority members of the house of 
8.19 	representatives and senate committees with jurisdiction over capital investment, human 
8.20 	services policy and finance, and public safety policy and finance by January 15, 2012.

8.21 	Sec. 3. SEX OFFENDER PLACEMENT; REASSESSMENT.
 8.22 	(a) The executive director of the Minnesota sex offender program under Minnesota 
8.23 	Statutes, chapter 246B, shall determine which of its clients presently residing in the 
8.24 	program's facilities at St. Peter or Moose Lake are suitable for placement in an alternative 
8.25 	setting. The executive director shall develop a plan to reassess the clients that includes, 
8.26 	at a minimum:
8.27 	(1) the identification of certain types of clients suitable for an alternative 
8.28 	commitment setting;
8.29 	(2) the rationale for determining why certain types of clients are suitable for an 
8.30 	alternative commitment setting; and
8.31 	(3) a detailed description of the alternative commitment settings proposed for 
8.32 	various groups of clients including, at a minimum, the number of clients to reside in each 
8.33 	setting, the type and level of the sex offenses of each group of clients, the activities and 
8.34 	supervision of the clients in each setting, and the location of the settings.
9.1 	(b) By January 15, 2012, the executive director of the sex offender program shall 
9.2 	report to the chairs and ranking minority members of the house of representatives Public 
9.3 	Safety and Crime Prevention Policy and Finance, Health and Human Services Finance, 
9.4 	and Health and Human Services Reform Committees and the chairs and ranking minority 
9.5 	members of the senate Judiciary and Public Safety and Health and Human Services 
9.6 	Committees on the development and implementation of the plan under paragraph (a).

9.7 	EFFECTIVE DATE. This section is effective the day following final enactment.

9.8 	Sec. 4. SEX OFFENDER CIVIL COMMITMENT POLICY TASK FORCE.
 9.9 		Subdivision 1.Creation; duties. A task force is established to study, evaluate, and 
9.10 	analyze the civil commitment standard and process for sex offenders. At a minimum, the 
9.11 	task force shall examine and make recommendations on the following:
9.12 	(1) the advisability of establishing a centralized prosecution structure and a single 
9.13 	commitment court for sex offenders;
9.14 	(2) the appropriate standard required to civilly commit sex offenders;
9.15 	(3) the referral process of sex offenders for civil commitment; and
9.16 	(4) any other issues related to sex offender civil commitment that the task force 
9.17 	determines are relevant.
9.18 		Subd. 2.Membership. The task force consists of the following members:
9.19 	(1) the commissioner of human services, or the commissioner's designee;
9.20 	(2) the commissioner of corrections, or the commissioner's designee;
9.21 	(3) the commissioner of public safety, or the commissioner's designee;
9.22 	(4) the chairs and ranking minority members of the house of representatives and 
9.23 	senate committees having jurisdiction over public safety finance and human services 
9.24 	finance, or their designees;
9.25 	(5) a district court judge appointed by the chief justice of the Supreme Court;
9.26 	(6) a county attorney, selected by the Minnesota County Attorneys Association;
9.27 	(7) one representative from the Board of Public Defense, selected by that board;
9.28 	(8) a representative of the Minnesota Chiefs of Police Association;
9.29 	(9) a representative of the Minnesota Sheriffs Association;
9.30 	(10) two probation officers, one selected by the commissioner of corrections and 
9.31 	one selected by the Community Corrections Act counties;
9.32 	(11) a representative of the Minnesota Police and Peace Officers Association; and
9.33 	(12) a sex offender treatment provider who is privately employed, selected by the 
9.34 	commissioner of human services.
10.1 		Subd. 3.Meetings. The commissioner of human services, or the commissioner's 
10.2 	designee, shall convene the initial meeting of the task force and serve as the chair.  The 
10.3 	task force shall meet sufficiently enough to accomplish the tasks identified in this section.
10.4 		Subd. 4.Terms; compensation; removal; vacancies. The expiration, membership 
10.5 	terms, removal of members, and filling of vacancies on the task force shall be as provided 
10.6 	in Minnesota Statutes, section 15.059.  Members shall serve without compensation and 
10.7 	expense reimbursement. The task force expires June 30, 2012.
10.8 		Subd. 5.Report. By January 15, 2012, the task force shall submit its report, 
10.9 	including any proposed legislative changes, to the chairs and ranking minority members of 
10.10 	the house of representatives and senate committees with jurisdiction over human services 
10.11 	policy and finance and public safety policy and finance.

10.12 	EFFECTIVE DATE. This section is effective the day following final enactment.

10.13 	Sec. 5. SEX OFFENDER PROGRAM; LOW-FUNCTIONING CLIENTS.
 10.14 	(a) The executive director of the Minnesota sex offender program under Minnesota 
10.15 	Statutes, chapter 246B, shall develop and implement a plan for low-functioning alternative 
10.16 	program clients that:
10.17 	(1) identifies the clients who do not have the cognitive ability to complete the 
10.18 	program's cognitive-based treatment; 
10.19 	(2) establishes criteria for petitioning the Special Review Board under Minnesota 
10.20 	Statutes, section 253B.18, for transfer or provisional discharge of low-functioning clients 
10.21 	to an alternative setting;
10.22 	(3) establishes how low-functioning clients can reside in a less restrictive setting, 
10.23 	such as a facility or group home that is more appropriate to the client's needs and protects 
10.24 	public safety; and
10.25 	(4) establishes criteria for managing transferred and provisionally discharged 
10.26 	low-functioning clients in an alternative setting.
10.27 	(b) By January 15, 2012, the executive director of the Minnesota sex offender 
10.28 	program shall report to the chair and ranking minority members of the house of 
10.29 	representatives Public Safety and Crime Prevention Policy and Finance Committee 
10.30 	and the chair and ranking minority members of the senate Judiciary and Public Safety 
10.31 	Committee on the development and implementation of the plan under paragraph (a).

10.32 	EFFECTIVE DATE. This section is effective the day following final enactment.

10.33 	Sec. 6. REVIEW OF SEX OFFENDER CIVIL COMMITMENT STATUTES.
 11.1 	The commissioner of human services, in consultation with the revisor of statutes and 
11.2 	stakeholder groups, shall review existing laws relating to civil commitment of individuals 
11.3 	as sexual psychopathic personalities or as sexually dangerous persons and propose 
11.4 	legislation for the 2012 legislative session that clearly organizes the law and distinguishes 
11.5 	it from laws relating to other forms of civil commitment.

11.6 	EFFECTIVE DATE. This section is effective the day following final enactment.

11.7 	Sec. 7.  REPEALER.
 11.8 	Minnesota Statutes 2010, section 253B.18, subdivision 2, is repealed.

11.9 	ARTICLE 3
11.10 	SEXUAL ASSAULT PREVENTION

11.11 	Section 1. [145.4714] REPORTING PREVALENCE OF SEXUAL VIOLENCE.
11.12 	The commissioner shall coordinate with federal, regional, local, and other state 
11.13 	agencies to collect and analyze data on the incidence and prevalence of sexual violence in 
11.14 	the state and provide a biennial report to the public via its Web site and to the legislature 
11.15 	beginning  April 1, 2014.

11.16 	Sec. 2. PREVENTION OF SEXUAL VIOLENCE WORKING GROUP.
 11.17 		Subdivision 1.Creation; duties; recommendations. (a) The commissioner of 
11.18 	health shall convene a prevention of sexual violence working group. At a minimum, 
11.19 	the working group shall:
11.20 	(1) maintain an inventory of existing state programs and services that have an impact 
11.21 	on sexual violence prevention;
11.22 	(2) establish goals and strategic objectives for the prevention of sexual violence; and
11.23 	(3) coordinate implementation of existing state programs and services to achieve 
11.24 	these goals and objectives.
11.25 	The working group may propose recommendations to the governor for new state policies, 
11.26 	programs, or services to advance these goals and objectives and comment on proposals for 
11.27 	new state policies, programs, or services initiated by the legislature or state agencies or 
11.28 	commissions.
11.29 	(b) The working group shall base its actions and recommendations on:
11.30 	(1) evidence-based research and professional best practices;
12.1 	(2) consultation with professional associations, community associations, and 
12.2 	providers, including, but not exclusive to, those with experience in public health, health, 
12.3 	criminal justice, judiciary, corrections, or victim services; and
12.4 	(3) the Minnesota Department of Health Five-Year Sexual Violence Prevention Plan.
12.5 	The working group may give priority consideration to the immediate and long-term 
12.6 	benefits of reducing the impact of sexual violence on children and youth.
12.7 		Subd. 2.Membership. The working group consists of the following members 
12.8 	or their designees:
12.9 	(1) the commissioner of health;
12.10 	(2) the commissioner of human services;
12.11 	(3) the commissioner of public safety;
12.12 	(4) the commissioner of corrections;
12.13 	(5) the commissioner of education;
12.14 	(6) the commissioner of administration; and
12.15 	(7) representatives from other state agencies or commissions as designated by the 
12.16 	governor.
12.17 		Subd. 3.Reports. The working group shall report annually, in coordination with the 
12.18 	governor, an illustrative summary of its key deliberations and initiatives to the chairs and 
12.19 	ranking minority members of the house of representatives and senate committees with 
12.20 	jurisdiction over public safety, public health, judiciary, human services, education, and 
12.21 	state governmental operations.
12.22 		Subd. 4.Resources; support. The commissioner of health may solicit and accept 
12.23 	contributions from government or private entities to hire staff or consultants to fund 
12.24 	the working group.

12.25 	Sec. 3. SEXUAL VIOLENCE PREVENTION DEMONSTRATION 
12.26 	PARTNERSHIP GRANTS.
 12.27 		Subdivision 1.Definition. As used in this section, "community sexual violence 
12.28 	prevention partnership" is an alliance of local governments, colleges and universities, 
12.29 	school districts, and nonprofit, civic, and business groups organized for the purpose of 
12.30 	sexual violence prevention, including, but not exclusive to, entities with experience in 
12.31 	public health, health, criminal justice, judiciary, corrections, or victim services.
12.32 		Subd. 2.Community sexual violence prevention partnership demonstration 
12.33 	grants. (a) The commissioner of health shall award competitive grants to community 
12.34 	health boards established pursuant to Minnesota Statutes, section 145A.09 and tribal 
13.1 	governments to fund partnerships. The commissioner shall award up to eight grants per 
13.2 	year, taking into account geographic balance.
13.3 	(b) Grants may be used for the following activities:
13.4 	(1) improve the coordination of existing programs, services, and activities that 
13.5 	support sexual violence prevention;
13.6 	(2) initiate new programs, services, and activities that support sexual violence 
13.7 	prevention;
13.8 	(3) support outreach, education, and technical assistance for other localities seeking 
13.9 	to undertake similar programs, services, and activities; and
13.10 	(4) support reporting and evaluation.
13.11 	Grant recipients should give priority consideration to the immediate and long-term benefits 
13.12 	of reducing the impact of sexual violence on children and youth.
13.13 	(c) To receive a grant under this section, community health boards and tribal 
13.14 	governments must:
13.15 	(1) submit proposals to the commissioner;
13.16 	(2) demonstrate that grant activities are:
13.17 	(i) based on scientific evidence and professional best practices for sexual violence 
13.18 	prevention;
13.19 	(ii) based on assessment of community sexual violence prevention need and capacity;
13.20 	(iii) based on community input; and
13.21 	(iv) consistent with the Department of Health Five-Year Sexual Violence Prevention 
13.22 	Plan; and
13.23 	(3) provide a local match of ten percent of the total funding allocation.
13.24 	The local match may include grants or donations from federal or private entities expressly 
13.25 	for the purposes of this grant.
13.26 	(d) The commissioner may award grants under this section to a community health 
13.27 	board or tribal government for a term of up to, but not to exceed, 60 consecutive months, 
13.28 	based upon the availability of state or federal funds to support the purposes of these grants.
13.29 		Subd. 3.Technical assistance. The commissioner shall contract with private or 
13.30 	nonprofit providers to deliver technical assistance services to grant recipients.

13.31 	Sec. 4. APPROPRIATION.
 13.32 	$1,250,000 each year is appropriated to the commissioner of health to fund 
13.33 	community sexual violence prevention partnership demonstration grants. The 
13.34 	commissioner may use up to six percent of this appropriation for administration and up to 
13.35 	six percent of this appropriation for technical assistance.