1.1 	A bill for an act
1.2 	relating to human services; modifying provisions relating to the Minnesota sex 
1.3 	offender program; creating additional oversight to the Minnesota sex offender 
1.4 	program; creating a client grievance process; allowing access to the statewide 
1.5 	supervision system; making changes to the vocational work program;amending 
1.6 	Minnesota Statutes 2008, sections 16C.10, subdivision 5; 168.012, subdivision 
1.7 	1; 246B.01, by adding subdivisions; 246B.02; 246B.03; 246B.05; 246B.06; 
1.8 	609.485, subdivisions 2, 4.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2008, section 16C.10, subdivision 5, is amended to read:
1.11 		Subd. 5.Specific purchases. The solicitation process described in this chapter is 
1.12 	not required for acquisition of the following:
1.13 	(1) merchandise for resale purchased under policies determined by the commissioner;
1.14 	(2) farm and garden products which, as determined by the commissioner, may be 
1.15 	purchased at the prevailing market price on the date of sale;
1.16 	(3) goods and services from the Minnesota correctional facilities;
1.17 	(4) goods and services from rehabilitation facilities and extended employment 
1.18 	providers that are certified by the commissioner of employment and economic 
1.19 	development, and day training and habilitation services licensed under sections 245B.01
1.20 	to 245B.08;
1.21 	(5) goods and services for use by a community-based facility operated by the 
1.22 	commissioner of human services;
1.23 	(6) goods purchased at auction or when submitting a sealed bid at auction provided 
1.24 	that before authorizing such an action, the commissioner consult with the requesting 
1.25 	agency to determine a fair and reasonable value for the goods considering factors 
2.1 	including, but not limited to, costs associated with submitting a bid, travel, transportation, 
2.2 	and storage. This fair and reasonable value must represent the limit of the state's bid; and
2.3 	(7) utility services where no competition exists or where rates are fixed by law 
2.4 	or ordinance.; and
2.5 	(8) goods and services from Minnesota sex offender program facilities.

2.6 	Sec. 2. Minnesota Statutes 2008, section 168.012, subdivision 1, is amended to read:
2.7 		Subdivision 1.Vehicles exempt from tax, fees, or plate display. (a) The following 
2.8 	vehicles are exempt from the provisions of this chapter requiring payment of tax and 
2.9 	registration fees, except as provided in subdivision 1c:
2.10 	(1) vehicles owned and used solely in the transaction of official business by the 
2.11 	federal government, the state, or any political subdivision;
2.12 	(2) vehicles owned and used exclusively by educational institutions and used solely 
2.13 	in the transportation of pupils to and from those institutions;
2.14 	(3) vehicles used solely in driver education programs at nonpublic high schools;
2.15 	(4) vehicles owned by nonprofit charities and used exclusively to transport disabled 
2.16 	persons for charitable, religious, or educational purposes;
2.17 	(5) vehicles owned by nonprofit charities and used exclusively for disaster response 
2.18 	and related activities;
2.19 	(6) vehicles owned by ambulance services licensed under section 144E.10, that 
2.20 	are equipped and specifically intended for emergency response or providing ambulance 
2.21 	services; and
2.22 	(7) vehicles owned by a commercial driving school licensed under section 171.34, 
2.23 	or an employee of a commercial driving school licensed under section 171.34, and the 
2.24 	vehicle is used exclusively for driver education and training.
2.25 	(b) Vehicles owned by the federal government, municipal fire apparatuses including 
2.26 	fire-suppression support vehicles, police patrols, and ambulances, the general appearance 
2.27 	of which is unmistakable, are not required to register or display number plates.
2.28 	(c) Unmarked vehicles used in general police work, liquor investigations, or arson 
2.29 	investigations, and passenger automobiles, pickup trucks, and buses owned or operated by 
2.30 	the Department of Corrections, must be registered and must display appropriate license 
2.31 	number plates, furnished by the registrar at cost. Original and renewal applications for 
2.32 	these license plates authorized for use in general police work and for use by the Department 
2.33 	of Corrections must be accompanied by a certification signed by the appropriate chief of 
2.34 	police if issued to a police vehicle, the appropriate sheriff if issued to a sheriff's vehicle, 
2.35 	the commissioner of corrections if issued to a Department of Corrections vehicle, or the 
3.1 	appropriate officer in charge if issued to a vehicle of any other law enforcement agency. 
3.2 	The certification must be on a form prescribed by the commissioner and state that the 
3.3 	vehicle will be used exclusively for a purpose authorized by this section.
3.4 	(d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry, 
3.5 	fraud unit, in conducting seizures or criminal investigations must be registered and must 
3.6 	display passenger vehicle classification license number plates, furnished at cost by the 
3.7 	registrar. Original and renewal applications for these passenger vehicle license plates 
3.8 	must be accompanied by a certification signed by the commissioner of revenue or the 
3.9 	commissioner of labor and industry. The certification must be on a form prescribed by 
3.10 	the commissioner and state that the vehicles will be used exclusively for the purposes 
3.11 	authorized by this section.
3.12 	(e) Unmarked vehicles used by the Division of Disease Prevention and Control of the 
3.13 	Department of Health must be registered and must display passenger vehicle classification 
3.14 	license number plates. These plates must be furnished at cost by the registrar. Original 
3.15 	and renewal applications for these passenger vehicle license plates must be accompanied 
3.16 	by a certification signed by the commissioner of health. The certification must be on a 
3.17 	form prescribed by the commissioner and state that the vehicles will be used exclusively 
3.18 	for the official duties of the Division of Disease Prevention and Control.
3.19 	(f) Unmarked vehicles used by staff of the Gambling Control Board in gambling 
3.20 	investigations and reviews must be registered and must display passenger vehicle 
3.21 	classification license number plates. These plates must be furnished at cost by the 
3.22 	registrar. Original and renewal applications for these passenger vehicle license plates must 
3.23 	be accompanied by a certification signed by the board chair. The certification must be on a 
3.24 	form prescribed by the commissioner and state that the vehicles will be used exclusively 
3.25 	for the official duties of the Gambling Control Board.
3.26 	(g) Unmarked vehicles used in general investigation, surveillance, supervision, 
3.27 	and monitoring by the staff of the Department of Human Services Office of Special 
3.28 	Investigations and the executive director of the Minnesota sex offender program must 
3.29 	be registered and must display passenger vehicle classification license number plates, 
3.30 	furnished by the registrar at cost.  Original and renewal applications for passenger vehicle 
3.31 	license plates must be accompanied by a certification signed by the commissioner of 
3.32 	human services. The certification must be on a form prescribed by the commissioner and 
3.33 	state that the vehicles must be used exclusively for the official duties of the Office of 
3.34 	Special Investigations and the executive director of the Minnesota sex offender program. 
3.35 	(h) Each state hospital and institution for persons who are mentally ill and 
3.36 	developmentally disabled may have one vehicle without the required identification on 
4.1 	the sides of the vehicle. The vehicle must be registered and must display passenger 
4.2 	vehicle classification license number plates. These plates must be furnished at cost by the 
4.3 	registrar. Original and renewal applications for these passenger vehicle license plates must 
4.4 	be accompanied by a certification signed by the hospital administrator. The certification 
4.5 	must be on a form prescribed by the commissioner and state that the vehicles will be used 
4.6 	exclusively for the official duties of the state hospital or institution.
4.7 	(h) (i) Each county social service agency may have vehicles used for child and 
4.8 	vulnerable adult protective services without the required identification on the sides of the 
4.9 	vehicle. The vehicles must be registered and must display passenger vehicle classification 
4.10 	license number plates. These plates must be furnished at cost by the registrar. Original 
4.11 	and renewal applications for these passenger vehicle license plates must be accompanied 
4.12 	by a certification signed by the agency administrator. The certification must be on a form 
4.13 	prescribed by the commissioner and state that the vehicles will be used exclusively for the 
4.14 	official duties of the social service agency.
4.15 	(i) (j) All other motor vehicles must be registered and display tax-exempt number 
4.16 	plates, furnished by the registrar at cost, except as provided in subdivision 1c. All 
4.17 	vehicles required to display tax-exempt number plates must have the name of the state 
4.18 	department or political subdivision, nonpublic high school operating a driver education 
4.19 	program, licensed commercial driving school, or other qualifying organization or entity, 
4.20 	plainly displayed on both sides of the vehicle. This identification must be in a color 
4.21 	giving contrast with that of the part of the vehicle on which it is placed and must endure 
4.22 	throughout the term of the registration. The identification must not be on a removable 
4.23 	plate or placard and must be kept clean and visible at all times; except that a removable 
4.24 	plate or placard may be utilized on vehicles leased or loaned to a political subdivision or 
4.25 	to a nonpublic high school driver education program.

4.26 	Sec. 3. Minnesota Statutes 2008, section 246B.01, is amended by adding a subdivision 
4.27 	to read:
4.28 		Subd. 1a.Client. "Client" means a person who is admitted to the Minnesota sex 
4.29 	offender program or subject to a court hold order under section 253B.185 for the purpose 
4.30 	of assessment, diagnosis, care, treatment, supervision, or other services provided by the 
4.31 	Minnesota sex offender program.

4.32 	Sec. 4. Minnesota Statutes 2008, section 246B.01, is amended by adding a subdivision 
4.33 	to read:
5.1 		Subd. 2a.Community preparation services. Community preparation services are 
5.2 	specialized residential services or programs operated or administered by the Minnesota 
5.3 	sex offender program outside of a secure treatment facility. Community preparation 
5.4 	services are designed to assist clients in developing the appropriate skills and resources 
5.5 	necessary for an eventual successful reintegration into a community. A client may be 
5.6 	placed in community preparation services only upon an order of the judicial appeal panel 
5.7 	under section 253B.19.

5.8 	Sec. 5. Minnesota Statutes 2008, section 246B.01, is amended by adding a subdivision 
5.9 	to read:
5.10 		Subd. 2b.Executive director. "Executive director" means the person who is 
5.11 	charged with overall responsibility for the operation of the Minnesota sex offender 
5.12 	program, or the person's designee.

5.13 	Sec. 6. Minnesota Statutes 2008, section 246B.02, is amended to read:
5.14 	246B.02 ESTABLISHMENT OF MINNESOTA SEX OFFENDER PROGRAM. 
5.15 	The commissioner of human services shall establish and maintain a secure facility 
5.16 	located in Moose Lake. The facility shall be operated by the Minnesota sex offender 
5.17 	program. The program shall provide care and treatment in secure treatment facilities 
5.18 	to persons on a court-hold order and residing in a secure treatment facility or program 
5.19 	pending commitment or committed by the courts as sexual psychopathic personalities 
5.20 	or sexually dangerous persons.The program shall provide specialized sex offender 
5.21 	assessment, diagnosis, care, treatment, supervision, and other services to clients as defined 
5.22 	in section 246B.01, subdivision 1a.   Services may include specialized programs at secure 
5.23 	treatment facilities as defined in section 253B.02, subdivision 18a, consultative services, 
5.24 	aftercare services, community-based services and programs, transition services, or other 
5.25 	services consistent with the mission of the Department of Human Services.

5.26 	Sec. 7. Minnesota Statutes 2008, section 246B.03, is amended to read:
5.27 	246B.03 LICENSURE, ADVISORY PANEL, AND GRIEVANCE 
5.28 	RESOLUTION.
5.29 		Subdivision 1.Licensure. The commissioner of human services shall apply to 
5.30 	the commissioner of health to license the secure treatment facilities operated by the 
5.31 	Minnesota sex offender program as supervised living facilities with applicable program 
5.32 	licensing standards.
6.1 		Subd. 2.Advisory panel. (a) The commissioner shall establish a sex offender 
6.2 	treatment advisory panel consisting of a total of four members:
6.3 	(1) three members comprised of licensed psychologists, psychiatrists, clinical 
6.4 	therapists, or other mental health treatment providers with established and recognized 
6.5 	training and experience in the assessment and treatment of clients; and
6.6 	(2) one nontreatment professional with relevant training and experience regarding 
6.7 	the oversight or licensing of sex offender treatment programs or other relevant mental 
6.8 	health treatment programs.
6.9 	(b) The treatment advisory panel shall, in consultation with the executive clinical 
6.10 	director:
6.11 	(1) review and identify relevant information and evidence-based best practices and 
6.12 	methodologies for effectively assessing, diagnosing, and treating clients;
6.13 	(2) on at least an annual basis, complete a site visit and comprehensive program 
6.14 	evaluation which may include a review of program policies and procedures to determine 
6.15 	the program's level of compliance, address specific areas of concern brought to the panel's 
6.16 	attention by the executive clinical director or executive director, offer recommendations, 
6.17 	and complete a written report of its findings to the executive director and the clinical 
6.18 	director; and
6.19 	(3) in addition to the annual site visit and review, provide advice, input, and 
6.20 	assistance as requested by the executive clinical director or executive director. In fulfilling 
6.21 	its responsibilities, the panel shall have access to not public data, including client medical 
6.22 	records, without the authorization of the client. The panel must be subject to privacy 
6.23 	protections provided in state and federal law to client records and shall not disclose or 
6.24 	further disseminate individually identifiable client information.
6.25 	(c) The commissioner or commissioner's designee shall enter into contracts as 
6.26 	necessary to fulfill the responsibilities under this subdivision.
6.27 		Subd. 3.Client grievance resolution process. (a) The executive director shall 
6.28 	establish a grievance policy and related procedures that address and attempt to resolve 
6.29 	client concerns and complaints. The grievance resolution process must include procedures 
6.30 	for assessing or investigating a client's concerns or complaints, for attempting to resolve 
6.31 	issues informally, and for appealing for a review and determination by the executive 
6.32 	director or designee. 
6.33 	(b) Any client who believes a right that is applicable to a client under section 
6.34 	144.651 has been violated may file a grievance under paragraph (a) and attempt to resolve 
6.35 	the issue internally, or by a complaint with the Minnesota Department of Health, Office of 
7.1 	Health Facility Complaints, or both. Complaints filed with the Office of Health Facility 
7.2 	Complaints under this paragraph must be processed according to section 144.652.

7.3 	Sec. 8. Minnesota Statutes 2008, section 246B.05, is amended to read:
7.4 	246B.05 MINNESOTA SEX OFFENDER PROGRAM; PRODUCTIVE DAY 
7.5 	PROGRAM VOCATIONAL WORK PROGRAM OPTION.
7.6 		Subdivision 1.Employment Vocational work program option. The commissioner 
7.7 	of human services, in consultation with the commissioner of corrections, shall develop an 
7.8 	employment option a vocational work program for persons committed admitted to a sexual 
7.9 	psychopathic personality treatment center the Minnesota sex offender program. The 
7.10 	vocation work program is an extension of therapeutic treatment in order for patients clients
7.11 	to contribute learn valuable work skills and work habits while contributing to their cost of 
7.12 	care. The employment vocational work program  may include work maintaining the center 
7.13 	or work that is brought to the center by an outside source. The earnings generated from the 
7.14 	vocational work program must be deposited into the account created in subdivision 2 and 
7.15 	divided between the participating patient and the center, in an effort to reduce state costs.
7.16 		Subd. 2.Minnesota sex offender program; productive day program vocational 
7.17 	work program account. A productive day program vocational work program account is 
7.18 	created in the state treasury. Money collected by the commissioner of human services for 
7.19 	the program under this section must be deposited in this account. Money in the account is 
7.20 	appropriated to the commissioner for purposes of this section.
7.21 		Subd. 3.Money. The commissioner has the authority to collect money resulting 
7.22 	from the productive day program, and retain 50 percent to reimburse the state for the cost 
7.23 	of administering the work program and for the purpose of reducing state costs associated 
7.24 	with the Minnesota sex offender program and return 50 percent of the earnings to the 
7.25 	patient vocational work program for reinvestment within the program.

7.26 	Sec. 9. Minnesota Statutes 2008, section 246B.06, is amended to read:
7.27 	246B.06 ESTABLISHMENT OF MINNESOTA STATE INDUSTRIES
7.28 	VOCATIONAL WORK PROGRAM. 
7.29 		Subdivision 1. Establishment; purpose. (a) The commissioner of human services 
7.30 	may establish, equip, maintain, and operate the Minnesota State Industries a vocational 
7.31 	work program at any Minnesota sex offender program facility under this chapter. The 
7.32 	commissioner may establish industrial and commercial vocational activities for sex 
7.33 	offender treatment patients clients as the commissioner deems necessary and suitable to 
7.34 	the profitable employment meaningful work skills training, educational training, and 
8.1 	development of proper work habits of patients and extended treatment services for clients
8.2 	consistent with the requirements in section 246B.05. The industrial and commercial 
8.3 	activities authorized by this section are designated Minnesota State Industries and must 
8.4 	be for the primary purpose of sustaining and ensuring Minnesota State Industries' 
8.5 	self-sufficiency, providing educational training, meaningful employment, and the teaching 
8.6 	of proper work habits to the patients of the Minnesota sex offender program under this 
8.7 	chapter, and not solely as competitive business ventures. 
8.8 	(b) The net profits from Minnesota State Industries the vocational work program
8.9 	must be used for the benefit of the patients clients as it relates to building education 
8.10 	and self-sufficiency skills. Prior to the establishment of any industrial and commercial
8.11 	vocational activity, the commissioner of human services shall consult with stakeholders 
8.12 	including representatives of business, industry, organized labor, the commissioner of 
8.13 	education, the state Apprenticeship Council, the commissioner of labor and industry, 
8.14 	the commissioner of employment and economic development, the commissioner of 
8.15 	administration, and other stakeholders the commissioner deems qualified. The purpose of 
8.16 	the stakeholder consultation is to determine the quantity and nature of the goods, wares, 
8.17 	merchandise, and services to be made or provided, and the types of processes to be used 
8.18 	in their manufacture, processing, repair, and production consistent with the greatest 
8.19 	opportunity for the reform and educational training of the patients clients, and with the 
8.20 	best interests of the state, business, industry, and labor. 
8.21 	(c) The commissioner of human services shall, at all times in the conduct of any 
8.22 	industrial or commercial vocational activity authorized by this section, utilize patient
8.23 	client labor to the greatest extent feasible, provided that the commissioner may employ all 
8.24 	administrative, supervisory, and other skilled workers necessary to the proper instruction 
8.25 	of the patients clients and the profitable and efficient operation of the industrial and 
8.26 	commercial vocational activities authorized by this section. 
8.27 	(d) The commissioner of human services may authorize the director of any 
8.28 	Minnesota sex offender treatment facility under the commissioner's control to accept 
8.29 	work projects from outside sources for processing, fabrication, or repair, provided that 
8.30 	preference is given to the performance of work projects for state departments and agencies. 
8.31 		Subd. 2. Revolving fund. As described in section 246B.05, subdivision 2, there is 
8.32 	established a Minnesota State Industries vocational work program revolving fund under 
8.33 	the control of the commissioner of human services. The revolving fund must be used for 
8.34 	Minnesota State Industries the vocational work program authorized under this section, 
8.35 	including, but not limited to, the purchase of equipment and raw materials, the payment of 
8.36 	salaries and wages, and other necessary expenses as determined by the commissioner of 
9.1 	human services. The purchase of services, materials, and commodities used in and held 
9.2 	for resale are not subject to the competitive bidding procedures of section 16C.06, but 
9.3 	are subject to all other provisions of chapters 16B and 16C. When practical, purchases 
9.4 	must be made from small targeted group businesses designated under section 16C.16. 
9.5 	Additionally, the expenses of patient client educational training and self-sufficiency 
9.6 	skills may be financed from the revolving fund in an amount to be determined by 
9.7 	the commissioner or designee. The proceeds and income from all Minnesota State 
9.8 	Industries vocational work program activities conducted at the Minnesota sex offender 
9.9 	treatment facilities must be deposited in the revolving  fund subject to disbursement under 
9.10 	subdivision 3. The commissioner of human services may request that money in the fund 
9.11 	be invested pursuant to section 11A.25. Proceeds from the investment not currently 
9.12 	needed must be accounted for separately and credited to the revolving fund. 
9.13 		Subd. 3. Disbursement from fund. The Minnesota State Industries vocational 
9.14 	work program revolving fund must be deposited in the state treasury and paid out only 
9.15 	on proper vouchers as authorized and approved by the commissioner of human services, 
9.16 	and in the same manner and under the same restrictions as are now provided by law 
9.17 	for the disbursement of funds by the commissioner. An amount deposited in the state 
9.18 	treasury equal to six months of net operating cash as determined by the prior 12 months 
9.19 	of revenue and cash flow statements must be restricted for use only by Minnesota State 
9.20 	Industries the vocational work program as described under subdivision 2. For purposes 
9.21 	of this subdivision, "net operating cash" means net income, minus sales, plus cost of 
9.22 	goods sold. Cost of goods sold  include all direct costs of industry products attributable 
9.23 	to the goods' production. 
9.24 		Subd. 4. Revolving fund; borrowing. The commissioner of human services is 
9.25 	authorized to borrow sums of money as the commissioner deems necessary to meet current 
9.26 	demands on the Minnesota State Industries vocational work program revolving fund. The 
9.27 	sums borrowed must not exceed, in any calendar year, six months of net operating cash as 
9.28 	determined by the previous 12 months of the industries' vocational program's  revenue and 
9.29 	cash flow statements. If the commissioner of human services determines that borrowing 
9.30 	of funds is necessary, the commissioner of human services shall certify this need to the 
9.31 	commissioner of finance. Funds may be borrowed from general fund appropriations 
9.32 	to the Minnesota sex offender program with the authorization of the commissioner of 
9.33 	finance. Upon authorization of the commissioner of finance, the transfer must be made 
9.34 	and credited to the Minnesota State Industries vocational work program revolving fund. 
9.35 	The sum transferred to the Minnesota State Industries vocational work program revolving 
9.36 	fund must be repaid by the commissioner of human services from the revolving fund to 
10.1 	the fund from which it was transferred in a time period specified by the commissioner 
10.2 	of finance, but by no later than the end of the biennium, as defined in section 16A.011, 
10.3 	in which the loan is made. When any transfer is made to the Minnesota State Industries
10.4 	vocational work program revolving fund, the commissioner of finance shall notify the 
10.5 	commissioner of human services of the amount transferred to the fund and the date the 
10.6 	transfer is to be repaid. 
10.7 		Subd. 5. Federal grant fund transfers. Grants received by the commissioner of 
10.8 	human services from the federal government for any vocational training program or for 
10.9 	administration by the commissioner of human services must (1) be credited to a federal 
10.10 	grant fund and then (2) be transferred from the federal grant fund to the credit of the 
10.11 	commissioner of human services in the appropriate account upon certification by the 
10.12 	commissioner of human services that the amounts requested to be transferred have been 
10.13 	earned or are required for the purposes of this section. Funds received by the federal 
10.14 	grant fund need not be budgeted as such, provided transfers from the fund are budgeted 
10.15 	for allotment purposes in the appropriate appropriation. 
10.16 		Subd. 6. Wages. Notwithstanding section 177.24 or any other law to the 
10.17 	contrary, wages paid to patients working within this program are at the discretion of the 
10.18 	commissioner of human services the commissioner of human services has the discretion to 
10.19 	set the pay rate for clients participating in the vocational work program. The commissioner 
10.20 	has the authority to retain up to 50 percent of any payments made to a client participating 
10.21 	in the vocational work program for the purpose of reducing state costs associated with 
10.22 	operating the Minnesota sex offender program. 
10.23 		Subd. 7.Status of clients. Clients participating in the vocational work program 
10.24 	are not employees of the Minnesota sex offender program, the Department of Human 
10.25 	Services, or the state, and are not subject to fair labor standards under sections 177.21 to 
10.26 	177.35; workers compensation under sections 176.011 to 176.862; the Minnesota Human 
10.27 	Rights Act under sections 363A.001 to 363A.41; laws governing state employees under 
10.28 	chapter 43A; labor relations under chapter 179A; or the successors to any of these sections 
10.29 	and any other laws pertaining to employees and employment.
10.30 		Subd. 8.Claims. Claims and demands arising out of injury to or death of a client 
10.31 	while that client is participating in the vocational work program or performing a work 
10.32 	assignment maintaining the facility must be presented to and heard and determined 
10.33 	exclusively by the legislature as provided in section 3.738.

10.34 	Sec. 10. Minnesota Statutes 2008, section 609.485, subdivision 2, is amended to read:
11.1 		Subd. 2.Acts prohibited. Whoever does any of the following may be sentenced as 
11.2 	provided in subdivision 4:
11.3 	(1) escapes while held pursuant to a lawful arrest, in lawful custody on a charge or 
11.4 	conviction of a crime, or while held in lawful custody on an allegation or adjudication 
11.5 	of a delinquent act;
11.6 	(2) transfers to another, who is in lawful custody on a charge or conviction of a 
11.7 	crime, or introduces into an institution in which the latter is confined, anything usable in 
11.8 	making such escape, with intent that it shall be so used;
11.9 	(3) having another in lawful custody on a charge or conviction of a crime, 
11.10 	intentionally permits the other to escape;
11.11 	(4) escapes while in a facility designated under section 253B.18, subdivision 1, 
11.12 	pursuant to a court commitment order after a finding of not guilty by reason of mental 
11.13 	illness or mental deficiency of a crime against the person, as defined in section 253B.02, 
11.14 	subdivision 4a. Notwithstanding section 609.17, no person may be charged with or 
11.15 	convicted of an attempt to commit a violation of this clause;
11.16 	(5) escapes while in or under the supervision of a facility designated under section 
11.17 	253B.18, subdivision 1, pursuant to a court hold or commitment order under section 
11.18 	253B.185 or Minnesota Statutes 1992, section 526.10; or
11.19 	(6) escapes while on pass status or provisional discharge according to section 
11.20 	253B.18.; or
11.21 	(7) escapes while a client of the Minnesota sex offender program as defined in 
11.22 	section 246B.01, subdivision 1a, or subject to a court hold order under section 253B.185.
11.23 	For purposes of clause clauses (1) and (7), "escapes while held in lawful custody"
11.24 	or "escapes while a client of the Minnesota sex offender program" includes absconding 
11.25 	from electronic monitoring or absconding after removing an electronic monitoring device 
11.26 	from the person's body.

11.27 	Sec. 11. Minnesota Statutes 2008, section 609.485, subdivision 4, is amended to read:
11.28 		Subd. 4.Sentence. (a) Except as otherwise provided in subdivision 3a, whoever 
11.29 	violates this section may be sentenced as follows:
11.30 	(1) if the person who escapes is in lawful custody for a felony, to imprisonment for 
11.31 	not more than five years or to payment of a fine of not more than $10,000, or both;
11.32 	(2) if the person who escapes is in lawful custody after a finding of not guilty by 
11.33 	reason of mental illness or mental deficiency of a crime against the person, as defined in 
11.34 	section 253B.02, subdivision 4a, to imprisonment for not more than one year and one day 
11.35 	or to payment of a fine of not more than $3,000, or both;
12.1 	(3) if the person who escapes is in lawful custody for a gross misdemeanor or 
12.2 	misdemeanor, or if the person who escapes is in lawful custody on an allegation or 
12.3 	adjudication of a delinquent act, to imprisonment for not more than one year or to payment 
12.4 	of a fine of not more than $3,000, or both; 
12.5 	(4) if the person who escapes is under civil commitment under section 253B.18, to 
12.6 	imprisonment for not more than one year and one day or to payment of a fine of not more 
12.7 	than $3,000, or both; or
12.8 	(5) if the person who escapes is under a court hold, civil commitment, or supervision 
12.9 	under section 253B.185 or Minnesota Statutes 1992, section 526.10, to imprisonment for 
12.10 	not more than five years or to payment of a fine of not more than $10,000, or both.
12.11 	(b) If the escape was a violation of subdivision 2, clause (1), (2), or (3), and was 
12.12 	effected by violence or threat of violence against a person, the sentence may be increased 
12.13 	to not more than twice those permitted in paragraph (a), clauses (1) and (3).
12.14 	(c) Unless a concurrent term is specified by the court, a sentence under this section 
12.15 	shall be consecutive to any sentence previously imposed or which may be imposed for any 
12.16 	crime or offense for which the person was in custody when the person escaped.
12.17 	(d) Notwithstanding paragraph (c), if a person who was committed to the 
12.18 	commissioner of corrections under section 260B.198 escapes from the custody of the 
12.19 	commissioner while 18 years of age, the person's sentence under this section shall 
12.20 	commence on the person's 19th birthday or on the person's date of discharge by the 
12.21 	commissioner of corrections, whichever occurs first. However, if the person described 
12.22 	in this clause is convicted under this section after becoming 19 years old and after 
12.23 	having been discharged by the commissioner, the person's sentence shall commence 
12.24 	upon imposition by the sentencing court.
12.25 	(e) Notwithstanding paragraph (c), if a person who is in lawful custody on an 
12.26 	allegation or adjudication of a delinquent act while 18 years of age escapes from a local 
12.27 	juvenile correctional facility, the person's sentence under this section begins on the 
12.28 	person's 19th birthday or on the person's date of discharge from the jurisdiction of the 
12.29 	juvenile court, whichever occurs first. However, if the person described in this paragraph 
12.30 	is convicted after becoming 19 years old and after discharge from the jurisdiction of the 
12.31 	juvenile court, the person's sentence begins upon imposition by the sentencing court.
12.32 	(f) Notwithstanding paragraph (a), any person who escapes or absconds from 
12.33 	electronic monitoring or removes an electric monitoring device from the person's body 
12.34 	is guilty of a crime and shall be sentenced to imprisonment for not more than one year 
12.35 	or to a payment of a fine of not more than $3,000, or both. A person in lawful custody 
12.36 	for a violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221, 
13.1 	609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345, or609.3451, or civil 
13.2 	commitment under section 253B.185, and  who escapes or absconds from electronic 
13.3 	monitoring or removes an electronic monitoring device while under sentence may be 
13.4 	sentenced to imprisonment for not more than five years or to a payment of a fine of not 
13.5 	more than $10,000, or both.