1.1 	A bill for an act
1.2 	relating to public safety; providing a life penalty
1.3 	without the possibility of release for certain first
1.4 	degree criminal sexual conduct crimes; creating
1.5 	indeterminate sentences and mandatory life sentences
1.6 	for certain first through fourth degree criminal
1.7 	sexual conduct crimes; creating a new criminal sexual
1.8 	predatory conduct crime; establishing the Minnesota
1.9 	Sex Offender Review Board; providing procedures for
1.10 	operation of the review board; specifying when an
1.11 	offender may petition for conditional release;
1.12 	directing the Sentencing Guidelines Commission to
1.13 	designate presumptive sentences for certain offenses;
1.14 	requiring the commissioner of corrections to establish
1.15 	criteria and procedures for reviewing offenders'
1.16 	petitions for release; allowing the Minnesota Sex
1.17 	Offender Review Board and the commissioner of
1.18 	corrections to proceed with expedited rulemaking;
1.19 	exempting the review board from contested case
1.20 	proceedings; granting the review board access to
1.21 	certain data; specifying that the Open Meeting Law
1.22 	does not apply to meetings and hearings of the
1.23 	Minnesota Sex Offender Review Board; instructing the
1.24 	revisor to recodify and renumber statutes; making
1.25 	various technical and conforming changes; amending
1.26 	Minnesota Statutes 2004, sections 13.851, by adding a
1.27 	subdivision; 13D.01, subdivision 2; 241.67,
1.28 	subdivision 3; 243.166, subdivision 1; 244.05,
1.29 	subdivisions 1, 3, 4, 5, 6, 7; 244.052, subdivision 3;
1.30 	244.195, subdivision 1; 253B.185, subdivision 2, by
1.31 	adding a subdivision; 401.01, subdivision 2; 609.117,
1.32 	subdivisions 1, 2; 609.1351; 609.341, by adding
1.33 	subdivisions; 609.342; 609.343; 609.344; 609.345;
1.34 	609.3452, subdivision 4; 609.347; 609.3471; 609.348;
1.35 	609.353; 631.045; proposing coding for new law in
1.36 	Minnesota Statutes, chapters 244; 609; repealing
1.37 	Minnesota Statutes 2004, sections 609.108; 609.109.
1.38 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.39 	ARTICLE 1
1.40 	MANDATORY LIFE SENTENCES AND INDETERMINATE SENTENCES FOR
1.41 	SEX OFFENDERS; OTHER SEX OFFENDER SENTENCING CHANGES

2.1 	Section 1. LEGISLATIVE FINDINGS AND PURPOSE.
 2.2 	The legislature finds that sex offenders pose a significant
2.3 	threat to public safety, are unique in their psychological
2.4 	makeup, and are particularly likely to continue to be dangerous
2.5 	after their release from imprisonment.  The legislature also
2.6 	finds that sex offenders inflict long-standing psychological
2.7 	harm on their victims and significantly undermine victim and
2.8 	community safety to a greater extent than most other criminal
2.9 	offenses.  Based on these findings, the legislature believes sex
2.10 	offenders need long-term supervision and treatment beyond that
2.11 	provided other offenders.  The legislature further believes this
2.12 	type of supervision and treatment is best provided in a secure
2.13 	correctional facility and public safety warrants the use of
2.14 	state resources for this purpose.
2.15 	The legislature's purpose in enacting this legislation is
2.16 	to provide courts and corrections and treatment professionals
2.17 	with the tools necessary to protect public safety through use of
2.18 	longer, more flexible sentences than currently provided by law.
2.19 	The legislature intends that a sex offender's past and future
2.20 	dangerousness be considered both in sentencing and release
2.21 	decisions.

2.22 	Sec. 2. [244.048] DEFINITIONS.
2.23 	For the purpose of sections 244.05 to 244.0515, the
2.24 	following terms have the meanings given them, unless otherwise
2.25 	noted.
2.26 	(a) "Conditional release" means the release of an inmate
2.27 	subject to conditions, as described in sections 244.0514 and
2.28 	609.3459.
2.29 	(b) "First eligible for release" has the meaning given in
2.30 	section 609.341, subdivision 23.
2.31 	(c) "Minimum term of imprisonment" has the meaning given in
2.32 	section 609.341, subdivision 24.
2.33 	(d) "Minnesota Sex Offender Review Board" or "Board" has
2.34 	the meaning given in section 244.0515, subdivision 1, paragraph
2.35 	(a).
2.36 	(e) "Sex offense" has the meaning given in section 609.341,
3.1 	subdivision 26.

3.2 	EFFECTIVE DATE. This section is effective August 1, 2005,
3.3 	and applies to crimes committed on or after that date.

3.4 	Sec. 3. Minnesota Statutes 2004, section 244.05,
3.5 	subdivision 5, is amended to read:
3.6 		Subd. 5.Supervised release, life sentence.  (a) The
3.7 	commissioner of corrections may, under rules promulgated by the
3.8 	commissioner, give supervised release to an inmate serving a
3.9 	mandatory life sentence under section 609.185, clause (1), (3),
3.10 	(5), or (6); 609.109, subdivision 2a;,or 609.385 after the
3.11 	inmate has served the minimum term of imprisonment specified in
3.12 	subdivision 4.
3.13 	(b) The commissioner shall require the preparation of a
3.14 	community investigation report and shall consider the findings
3.15 	of the report when making a supervised release decision under
3.16 	this subdivision or a conditional release decision under section
3.17 	244.0514.  The report shall reflect the sentiment of the various
3.18 	elements of the community toward the inmate, both at the time of
3.19 	the offense and at the present time.  The report shall include
3.20 	the views of the sentencing judge, the prosecutor, any law
3.21 	enforcement personnel who may have been involved in the case,
3.22 	and any successors to these individuals who may have information
3.23 	relevant to the supervised release or conditional release 
3.24 	decision.  The report shall also include the views of the victim
3.25 	and the victim's family unless the victim or the victim's family
3.26 	chooses not to participate. The commissioner must submit the
3.27 	report required by this paragraph to the Minnesota Sex Offender
3.28 	Review Board described in section 244.0515 at least six months
3.29 	before the inmate is first eligible for release.  The
3.30 	commissioner also shall give the board, on request, any and all
3.31 	information the commissioner gathered for use in compiling the
3.32 	report.
3.33 	(c) The commissioner shall make reasonable efforts to
3.34 	notify the victim, in advance, of the time and place of the
3.35 	inmate's supervised release review hearing.  The victim has a
3.36 	right to submit an oral or written statement at the review
4.1 	hearing.  The statement may summarize the harm suffered by the
4.2 	victim as a result of the crime and give the victim's
4.3 	recommendation on whether the inmate should be given supervised
4.4 	release at this time.  The commissioner must consider the
4.5 	victim's statement when making the supervised release decision.
4.6 	(d) As used in this subdivision, "victim" means the
4.7 	individual who suffered harm as a result of the inmate's crime
4.8 	or, if the individual is deceased, the deceased's surviving
4.9 	spouse or next of kin.
4.10 	
EFFECTIVE DATE. This section is effective August 1, 2005,
4.11 	and applies to crimes committed on or after that date.

4.12 	Sec. 4. [244.0514] CONDITIONAL RELEASE TERM FOR SEX
4.13 	OFFENSES.
4.14 		Subdivision 1.Conditional release required. Except as
4.15 	provided in subdivision 3, every inmate sentenced for a sex
4.16 	offense shall serve a conditional release term as provided in
4.17 	section 609.3459 upon the person's release from a state
4.18 	correctional facility.
4.19 		Subd. 2.Relationship to supervised release. Except as
4.20 	otherwise provided in this section and sections 244.0515 and
4.21 	609.3459, the provisions related to supervised release in
4.22 	section 244.05 apply to inmates on conditional release.
4.23 		Subd. 3.Minimum imprisonment; life sentence. An inmate
4.24 	serving a mandatory life sentence under section 609.342,
4.25 	subdivision 2, or section 609.3458, subdivision 3, must not be
4.26 	given conditional release under this section unless the inmate
4.27 	is serving an indeterminate sentence under section 609.3455.  An
4.28 	inmate serving a mandatory life sentence under section 609.3455
4.29 	must not be given conditional release under this section without
4.30 	having first served the minimum term of imprisonment specified
4.31 	by the court under section 609.3455, subdivision 2.  An inmate
4.32 	serving a mandatory life sentence under section 609.3458,
4.33 	subdivision 3, must not be given conditional release under this
4.34 	section without having first served a minimum of 30 years
4.35 	imprisonment.
4.36 		Subd. 4.Conditional release; life sentence. (a) Except
5.1 	as provided in paragraph (b), the Minnesota Sex Offender Review
5.2 	Board may give conditional release to an inmate serving a
5.3 	mandatory life sentence under section 609.3455 after the inmate
5.4 	has served the minimum term of imprisonment specified in
5.5 	subdivision 3.
5.6 	(b) The Minnesota Sex Offender Review Board may give
5.7 	conditional release to an inmate sentenced under section
5.8 	609.3458, subdivision 3 after the inmate has served 30 years
5.9 	imprisonment.
5.10 	(c) The terms of conditional release are governed by this
5.11 	section and section 609.3459.
5.12 	
EFFECTIVE DATE. This section is effective August 1, 2005,
5.13 	and applies to crimes committed on or after that date.

5.14 	Sec. 5. Minnesota Statutes 2004, section 244.052,
5.15 	subdivision 3, is amended to read:
5.16 		Subd. 3.End-of-confinement review committee.  (a) The
5.17 	commissioner of corrections shall establish and administer
5.18 	end-of-confinement review committees at each state correctional
5.19 	facility and at each state treatment facility where predatory
5.20 	offenders are confined.  The committees shall assess on a
5.21 	case-by-case basis the public risk posed by predatory offenders
5.22 	who are about to be released from confinement.
5.23 	(b) Each committee shall be a standing committee and shall
5.24 	consist of the following members appointed by the commissioner:
5.25 	(1) the chief executive officer or head of the correctional
5.26 	or treatment facility where the offender is currently confined,
5.27 	or that person's designee;
5.28 	(2) a law enforcement officer;
5.29 	(3) a treatment professional who is trained in the
5.30 	assessment of sex offenders;
5.31 	(4) a caseworker experienced in supervising sex offenders;
5.32 	and
5.33 	(5) a victim's services professional.
5.34 	Members of the committee, other than the facility's chief
5.35 	executive officer or head, shall be appointed by the
5.36 	commissioner to two-year terms.  The chief executive officer or
6.1 	head of the facility or designee shall act as chair of the
6.2 	committee and shall use the facility's staff, as needed, to
6.3 	administer the committee, obtain necessary information from
6.4 	outside sources, and prepare risk assessment reports on
6.5 	offenders.
6.6 	(c) The committee shall have access to the following data
6.7 	on a predatory offender only for the purposes of its assessment
6.8 	and to defend the committee's risk assessment determination upon
6.9 	administrative review under this section:
6.10 	(1) private medical data under section 13.384 or 144.335,
6.11 	or welfare data under section 13.46 that relate to medical
6.12 	treatment of the offender;
6.13 	(2) private and confidential court services data under
6.14 	section 13.84;
6.15 	(3) private and confidential corrections data under section
6.16 	13.85; and
6.17 	(4) private criminal history data under section 13.87.
6.18 	Data collected and maintained by the committee under this
6.19 	paragraph may not be disclosed outside the committee, except as
6.20 	provided under section 13.05, subdivision 3 or 4.  The predatory
6.21 	offender has access to data on the offender collected and
6.22 	maintained by the committee, unless the data are confidential
6.23 	data received under this paragraph.
6.24 	(d)(i) Except as otherwise provided in item 
6.25 	items (ii), (iii), and (iv),at least 90 days before a predatory
6.26 	offender is to be released from confinement, the commissioner of
6.27 	corrections shall convene the appropriate end-of-confinement
6.28 	review committee for the purpose of assessing the risk presented
6.29 	by the offender and determining the risk level to which the
6.30 	offender shall be assigned under paragraph (e).  The offender
6.31 	and the law enforcement agency that was responsible for the
6.32 	charge resulting in confinement shall be notified of the time
6.33 	and place of the committee's meeting.  The offender has a right
6.34 	to be present and be heard at the meeting.  The law enforcement
6.35 	agency may provide material in writing that is relevant to the
6.36 	offender's risk level to the chair of the committee.  The
7.1 	committee shall use the risk factors described in paragraph (g)
7.2 	and the risk assessment scale developed under subdivision 2 to
7.3 	determine the offender's risk assessment score and risk level.
7.4 	Offenders scheduled for release from confinement shall be
7.5 	assessed by the committee established at the facility from which
7.6 	the offender is to be released.
7.7 	(ii) If an offender is received for confinement in a
7.8 	facility with less than 90 days remaining in the offender's term
7.9 	of confinement, the offender's risk shall be assessed at the
7.10 	first regularly scheduled end of confinement review committee
7.11 	that convenes after the appropriate documentation for the risk
7.12 	assessment is assembled by the committee.  The commissioner
7.13 	shall make reasonable efforts to ensure that offender's risk is
7.14 	assessed and a risk level is assigned or reassigned at least 30
7.15 	days before the offender's release date.
7.16 	(iii) If the offender is subject to an indeterminate
7.17 	sentence under section 609.3455 or was sentenced under section
7.18 	609.3458, subdivision 3, the commissioner of corrections shall
7.19 	convene the appropriate end-of-confinement review committee at
7.20 	least nine months before the offender is first eligible for
7.21 	release.  If the offender is received for confinement in a
7.22 	facility with fewer than nine months remaining before the
7.23 	offender is first eligible for release, the committee shall
7.24 	conform its procedures to those outlined in item (ii) to the
7.25 	extent practicable.
7.26 	(iv) If the predatory offender is granted conditional
7.27 	release under section 244.0515, the commissioner of corrections
7.28 	shall notify the appropriate end-of-confinement review committee
7.29 	that it needs to review the offender's previously determined
7.30 	risk level at its next regularly scheduled meeting.  The
7.31 	commissioner shall make reasonable efforts to ensure that the
7.32 	offender's earlier risk level determination is reviewed and the
7.33 	risk level is confirmed or reassigned at least 60 days before
7.34 	the offender's release date.  The committee shall give the
7.35 	report to the offender and to the law enforcement agency at
7.36 	least 60 days before an offender is released from confinement.
8.1 	(e) The committee shall assign to risk level I a predatory
8.2 	offender whose risk assessment score indicates a low risk of
8.3 	reoffense.  The committee shall assign to risk level II an
8.4 	offender whose risk assessment score indicates a moderate risk
8.5 	of reoffense.  The committee shall assign to risk level III an
8.6 	offender whose risk assessment score indicates a high risk of
8.7 	reoffense.
8.8 	(f) Before the predatory offender is released from
8.9 	confinement, the committee shall prepare a risk assessment
8.10 	report which specifies the risk level to which the offender has
8.11 	been assigned and the reasons underlying the committee's risk
8.12 	assessment decision. Except for an offender subject to an
8.13 	indeterminate sentence under section 609.3455 who has not been
8.14 	granted conditional release by the Minnesota Sex Offender Review
8.15 	Board,The committee shall give the report to the offender and
8.16 	to the law enforcement agency at least 60 days before an
8.17 	offender is released from confinement. If the offender is
8.18 	subject to an indeterminate sentence and has not yet served the
8.19 	entire minimum term of imprisonment, the committee shall give
8.20 	the report to the offender, the commissioner, and the Minnesota
8.21 	Sex Offender Review Board at least six months before the
8.22 	offender is first eligible for release.  The committee also
8.23 	shall give the board, on request, any and all information the
8.24 	committee reviewed in making its risk assessment.If the risk
8.25 	assessment is performed under the circumstances described in
8.26 	paragraph (d), item (ii), the report shall be given to the
8.27 	offender and the law enforcement agency as soon as it is
8.28 	available.  The committee also shall inform the offender of the
8.29 	availability of review under subdivision 6.
8.30 	(g) As used in this subdivision, "risk factors" includes,
8.31 	but is not limited to, the following factors:
8.32 	(1) the seriousness of the offense should the offender
8.33 	reoffend.  This factor includes consideration of the following:
8.34 	(i) the degree of likely force or harm;
8.35 	(ii) the degree of likely physical contact; and
8.36 	(iii) the age of the likely victim;
9.1 	(2) the offender's prior offense history.  This factor
9.2 	includes consideration of the following:
9.3 	(i) the relationship of prior victims to the offender;
9.4 	(ii) the number of prior offenses or victims;
9.5 	(iii) the duration of the offender's prior offense history;
9.6 	(iv) the length of time since the offender's last prior
9.7 	offense while the offender was at risk to commit offenses; and
9.8 	(v) the offender's prior history of other antisocial acts;
9.9 	(3) the offender's characteristics.  This factor includes
9.10 	consideration of the following:
9.11 	(i) the offender's response to prior treatment efforts; and
9.12 	(ii) the offender's history of substance abuse;
9.13 	(4) the availability of community supports to the offender.
9.14 	This factor includes consideration of the following:
9.15 	(i) the availability and likelihood that the offender will
9.16 	be involved in therapeutic treatment;
9.17 	(ii) the availability of residential supports to the
9.18 	offender, such as a stable and supervised living arrangement in
9.19 	an appropriate location;
9.20 	(iii) the offender's familial and social relationships,
9.21 	including the nature and length of these relationships and the
9.22 	level of support that the offender may receive from these
9.23 	persons; and
9.24 	(iv) the offender's lack of education or employment
9.25 	stability;
9.26 	(5) whether the offender has indicated or credible evidence
9.27 	in the record indicates that the offender will reoffend if
9.28 	released into the community; and
9.29 	(6) whether the offender demonstrates a physical condition
9.30 	that minimizes the risk of reoffense, including but not limited
9.31 	to, advanced age or a debilitating illness or physical condition.
9.32 	(h) Upon the request of the law enforcement agency or the
9.33 	offender's corrections agent, the commissioner may reconvene the
9.34 	end-of-confinement review committee for the purpose of
9.35 	reassessing the risk level to which an offender has been
9.36 	assigned under paragraph (e).  In a request for a reassessment,
10.1 	the law enforcement agency which was responsible for the charge
10.2 	resulting in confinement or agent shall list the facts and
10.3 	circumstances arising after the initial assignment or facts and
10.4 	circumstances known to law enforcement or the agent but not
10.5 	considered by the committee under paragraph (e) which support
10.6 	the request for a reassessment.  The request for reassessment by
10.7 	the law enforcement agency must occur within 30 days of receipt
10.8 	of the report indicating the offender's risk level assignment.
10.9 	The offender's corrections agent, in consultation with the chief
10.10 	law enforcement officer in the area where the offender resides
10.11 	or intends to reside, may request a review of a risk level at
10.12 	any time if substantial evidence exists that the offender's risk
10.13 	level should be reviewed by an end-of-confinement review
10.14 	committee.  This evidence includes, but is not limited to,
10.15 	evidence of treatment failures or completions, evidence of
10.16 	exceptional crime-free community adjustment or lack of
10.17 	appropriate adjustment, evidence of substantial community need
10.18 	to know more about the offender or mitigating circumstances that
10.19 	would narrow the proposed scope of notification, or other
10.20 	practical situations articulated and based in evidence of the
10.21 	offender's behavior while under supervision.  Upon review of the
10.22 	request, the end-of-confinement review committee may reassign an
10.23 	offender to a different risk level.  If the offender is
10.24 	reassigned to a higher risk level, the offender has the right to
10.25 	seek review of the committee's determination under subdivision 6.
10.26 	(i) An offender may request the end-of-confinement review
10.27 	committee to reassess the offender's assigned risk level after
10.28 	three years have elapsed since the committee's initial risk
10.29 	assessment and may renew the request once every two years
10.30 	following subsequent denials.  In a request for reassessment,
10.31 	the offender shall list the facts and circumstances which
10.32 	demonstrate that the offender no longer poses the same degree of
10.33 	risk to the community.  In order for a request for a risk level
10.34 	reduction to be granted, the offender must demonstrate full
10.35 	compliance with supervised release conditions, completion of
10.36 	required post-release treatment programming, and full compliance
11.1 	with all registration requirements as detailed in section
11.2 	243.166.  The offender must also not have been convicted of any
11.3 	felony, gross misdemeanor, or misdemeanor offenses subsequent to
11.4 	the assignment of the original risk level.  The committee shall
11.5 	follow the process outlined in paragraphs (a) to (c) in the
11.6 	reassessment.  An offender who is incarcerated may not request a
11.7 	reassessment under this paragraph.
11.8 	(j) Offenders returned to prison as release violators shall
11.9 	not have a right to a subsequent risk reassessment by the
11.10 	end-of-confinement review committee unless substantial evidence
11.11 	indicates that the offender's risk to the public has increased.
11.12 	(k) The commissioner shall establish an end-of-confinement
11.13 	review committee to assign a risk level to offenders who are
11.14 	released from a federal correctional facility in Minnesota or
11.15 	another state and who intend to reside in Minnesota, and to
11.16 	offenders accepted from another state under a reciprocal
11.17 	agreement for parole supervision under the interstate compact
11.18 	authorized by section 243.16.  The committee shall make
11.19 	reasonable efforts to conform to the same timelines as applied
11.20 	to Minnesota cases.  Offenders accepted from another state under
11.21 	a reciprocal agreement for probation supervision are not
11.22 	assigned a risk level, but are considered downward dispositional
11.23 	departures.  The probation or court services officer and law
11.24 	enforcement officer shall manage such cases in accordance with
11.25 	section 244.10, subdivision 2a.  The policies and procedures of
11.26 	the committee for federal offenders and interstate compact cases
11.27 	must be in accordance with all requirements as set forth in this
11.28 	section, unless restrictions caused by the nature of federal or
11.29 	interstate transfers prevents such conformance.
11.30 	(l) If the committee assigns a predatory offender to risk
11.31 	level III, the committee shall determine whether residency
11.32 	restrictions shall be included in the conditions of the
11.33 	offender's release based on the offender's pattern of offending
11.34 	behavior.
11.35 	
EFFECTIVE DATE. This section is effective August 1, 2005,
11.36 	and applies to crimes committed on or after that date.

12.1 	Sec. 6. Minnesota Statutes 2004, section 253B.185, is
12.2 	amended by adding a subdivision to read:
12.3 		Subd. 8.Report. The commissioner of corrections must
12.4 	prepare a report each fiscal year that identifies and describes
12.5 	each circumstance where the commissioner:
12.6 	(1) received a person for incarceration with at least 12
12.7 	months remaining in the person's term of imprisonment and the
12.8 	commissioner did not notify the county attorney of the county
12.9 	where the person was convicted at least 12 months before the
12.10 	person's release date that a petition for civil commitment may
12.11 	be appropriate; or 
12.12 	(2) received a person for incarceration with less than 12
12.13 	months remaining in the person's term of imprisonment and the
12.14 	commissioner did not notify the county attorney of the county
12.15 	where the person was convicted prior to the person's release
12.16 	date that a petition for civil commitment may be appropriate.
12.17 	The report is due to the ranking members of the house and
12.18 	senate committees having jurisdiction over judiciary finance and
12.19 	health and human services finance by October 1 of each year.
12.20 	
EFFECTIVE DATE. This section is effective the day
12.21 	following final enactment.

12.22 	Sec. 7. Minnesota Statutes 2004, section 609.341, is
12.23 	amended by adding a subdivision to read:
12.24 		Subd. 22.Conditional release. "Conditional release" has
12.25 	the meaning given in section 244.048, paragraph (a).
12.26 	
EFFECTIVE DATE. This section is effective August 1, 2005,
12.27 	and applies to crimes committed on or after that date.

12.28 	Sec. 8. Minnesota Statutes 2004, section 609.341, is
12.29 	amended by adding a subdivision to read:
12.30 		Subd. 23.First eligible for release. (a) For the
12.31 	purpose of an offender sentenced under section 609.3455, "first
12.32 	eligible for release" means the day after the inmate has served
12.33 	the entire minimum term of imprisonment, plus any disciplinary
12.34 	time imposed by the commissioner of corrections.
12.35 	(b) In the case of an offender sentenced under section
12.36 	609.3458, subdivision 3, "first eligible for release" means the
13.1 	day after the inmate has served 30 years imprisonment, plus any
13.2 	disciplinary time imposed by the commissioner of corrections.
13.3 	
EFFECTIVE DATE. This section is effective August 1, 2005,
13.4 	and applies to crimes committed on or after that date.

13.5 	Sec. 9. Minnesota Statutes 2004, section 609.341, is
13.6 	amended by adding a subdivision to read:
13.7 		Subd. 24.Minimum term of imprisonment. "Minimum term of
13.8 	imprisonment" means the minimum length of time an offender is
13.9 	incarcerated for a sentence imposed under section 609.3455.  The
13.10 	minimum term of imprisonment is equal to two-thirds of the
13.11 	sentence length called for by the presumptive sentence under the
13.12 	appropriate cell of the Sentencing Guidelines grid, plus any
13.13 	disciplinary time imposed by the commissioner of corrections.
13.14 	If the Sentencing Guidelines do not provide the presumptive
13.15 	sentence for the offense, the minimum term of imprisonment is as
13.16 	provided by statute or, if not so provided, as determined by the
13.17 	court.
13.18 	
EFFECTIVE DATE. This section is effective August 1, 2005,
13.19 	and applies to crimes committed on or after that date.

13.20 	Sec. 10. Minnesota Statutes 2004, section 609.341, is
13.21 	amended by adding a subdivision to read:
13.22 		Subd. 25.Predatory crime. "Predatory crime" means any
13.23 	felony violation of, or felony attempt to violate, section
13.24 	609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222;
13.25 	609.223; 609.24; 609.245; 609.25; 609.255; 609.365; or 609.582,
13.26 	subdivision 1.
13.27 	
EFFECTIVE DATE. This section is effective August 1, 2005,
13.28 	and applies to crimes committed on or after that date.

13.29 	Sec. 11. Minnesota Statutes 2004, section 609.341, is
13.30 	amended by adding a subdivision to read:
13.31 		Subd. 26.Sex offense. Unless otherwise provided, "sex
13.32 	offense" means any violation of, or attempt to violate, section
13.33 	609.342, 609.343, 609.344, 609.345, or 609.3453, or any similar
13.34 	statute of the United States or any other state.
13.35 	
EFFECTIVE DATE. This section is effective August 1, 2005,
13.36 	and applies to crimes committed on or after that date.

14.1 	Sec. 12. Minnesota Statutes 2004, section 609.342, is
14.2 	amended to read:
14.3 	609.342 CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
14.4 		Subdivision 1.Crime defined. A person who engages in
14.5 	sexual penetration with another person, or in sexual contact
14.6 	with a person under 13 years of age as defined in section
14.7 	609.341, subdivision 11, paragraph (c), is guilty of criminal
14.8 	sexual conduct in the first degree if any of the following
14.9 	circumstances exists:
14.10 	(a) the complainant is under 13 years of age and the actor
14.11 	is more than 36 months older than the complainant.  Neither
14.12 	mistake as to the complainant's age nor consent to the act by
14.13 	the complainant is a defense;
14.14 	(b) the complainant is at least 13 years of age but less
14.15 	than 16 years of age and the actor is more than 48 months older
14.16 	than the complainant and in a position of authority over the
14.17 	complainant.  Neither mistake as to the complainant's age nor
14.18 	consent to the act by the complainant is a defense;
14.19 	(c) circumstances existing at the time of the act cause the
14.20 	complainant to have a reasonable fear of imminent great bodily
14.21 	harm to the complainant or another;
14.22 	(d) the actor is armed with a dangerous weapon or any
14.23 	article used or fashioned in a manner to lead the complainant to
14.24 	reasonably believe it to be a dangerous weapon and uses or
14.25 	threatens to use the weapon or article to cause the complainant
14.26 	to submit;
14.27 	(e) the actor causes personal injury to the complainant,
14.28 	and either of the following circumstances exist:
14.29 	(i) the actor uses force or coercion to accomplish sexual
14.30 	penetration; or
14.31 	(ii) the actor knows or has reason to know that the
14.32 	complainant is mentally impaired, mentally incapacitated, or
14.33 	physically helpless;
14.34 	(f) the actor is aided or abetted by one or more
14.35 	accomplices within the meaning of section 609.05, and either of
14.36 	the following circumstances exists:
15.1 	(i) an accomplice uses force or coercion to cause the
15.2 	complainant to submit; or
15.3 	(ii) an accomplice is armed with a dangerous weapon or any
15.4 	article used or fashioned in a manner to lead the complainant
15.5 	reasonably to believe it to be a dangerous weapon and uses or
15.6 	threatens to use the weapon or article to cause the complainant
15.7 	to submit;
15.8 	(g) the actor has a significant relationship to the
15.9 	complainant and the complainant was under 16 years of age at the
15.10 	time of the sexual penetration.  Neither mistake as to the
15.11 	complainant's age nor consent to the act by the complainant is a
15.12 	defense; or
15.13 	(h) the actor has a significant relationship to the
15.14 	complainant, the complainant was under 16 years of age at the
15.15 	time of the sexual penetration, and:
15.16 	(i) the actor or an accomplice used force or coercion to
15.17 	accomplish the penetration;
15.18 	(ii) the complainant suffered personal injury; or
15.19 	(iii) the sexual abuse involved multiple acts committed
15.20 	over an extended period of time.
15.21 	Neither mistake as to the complainant's age nor consent to
15.22 	the act by the complainant is a defense.
15.23 		Subd. 2.Penalty. (a) Except as otherwise provided in
15.24 	section 609.109,A person convicted under subdivision 1 may ,
15.25 	clause (c), (d), (e), (f), or (h), or convicted for an attempted
15.26 	violation of subdivision 1, clause (c), (d), (e), (f), or (h),
15.27 	shall be sentenced to imprisonment for not more than 30 years or
15.28 	to a payment of a fine of not more than $40,000, or both life.
15.29 	A person convicted under subdivision 1, clause (a), (b), or (g),
15.30 	or convicted for an attempted violation of subdivision 1, clause
15.31 	(a), (b), or (g), may be sentenced to imprisonment for life.
15.32 	(b) In addition to the sentence imposed under paragraph
15.33 	(a), the person also may be sentenced to a fine of not more than
15.34 	$40,000.
15.35 	(c) Unless a longer mandatory minimum sentence is otherwise
15.36 	required by law or the Sentencing Guidelines provide for a
16.1 	longer presumptive executed sentence, the court shall presume
16.2 	that an executed sentence of 144 months must be imposed on an
16.3 	offender convicted of violating this section , or attempting to
16.4 	violate, subdivision 1, clause (a), (b), or (g).  Sentencing a
16.5 	person in a manner other than that described in this paragraph
16.6 	is a departure from the Sentencing Guidelines.
16.7 	(d) Unless a longer mandatory minimum sentence is otherwise
16.8 	required or the Sentencing Guidelines call for a longer
16.9 	presumptive executed sentence, for the purpose of section
16.10 	609.3455, the court shall presume the minimum term of
16.11 	imprisonment for a conviction under subdivision 1, clause (a),
16.12 	(b), or (g) is 96 months, and the minimum term of imprisonment
16.13 	for a conviction for an attempted violation of subdivision 1,
16.14 	clause (a), (b), or (g) is 48 months.
16.15 		Subd. 3.Stay. Except when imprisonment is required
16.16 	under section 609.109 609.3458, if a person is convicted under
16.17 	subdivision 1, clause (g), the court may stay imposition or
16.18 	execution of the sentence if it finds that:
16.19 	(a) a stay is in the best interest of the complainant or
16.20 	the family unit; and
16.21 	(b) a professional assessment indicates that the offender
16.22 	has been accepted by and can respond to a treatment program.
16.23 	If the court stays imposition or execution of sentence, it
16.24 	shall include the following as conditions of probation:
16.25 	(1) incarceration in a local jail or workhouse;
16.26 	(2) a requirement that the offender complete a treatment
16.27 	program; and
16.28 	(3) a requirement that the offender have no unsupervised
16.29 	contact with the complainant until the offender has successfully
16.30 	completed the treatment program unless approved by the treatment
16.31 	program and the supervising correctional agent.
16.32 	
EFFECTIVE DATE. This section is effective August 1, 2005,
16.33 	and applies to crimes committed on or after that date.

16.34 	Sec. 13. Minnesota Statutes 2004, section 609.343, is
16.35 	amended to read:
16.36 	609.343 CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.
17.1 		Subdivision 1.Crime defined. A person who engages in
17.2 	sexual contact with another person is guilty of criminal sexual
17.3 	conduct in the second degree if any of the following
17.4 	circumstances exists:
17.5 	(a) the complainant is under 13 years of age and the actor
17.6 	is more than 36 months older than the complainant.  Neither
17.7 	mistake as to the complainant's age nor consent to the act by
17.8 	the complainant is a defense.  In a prosecution under this
17.9 	clause, the state is not required to prove that the sexual
17.10 	contact was coerced;
17.11 	(b) the complainant is at least 13 but less than 16 years
17.12 	of age and the actor is more than 48 months older than the
17.13 	complainant and in a position of authority over the complainant.
17.14 	Neither mistake as to the complainant's age nor consent to the
17.15 	act by the complainant is a defense;
17.16 	(c) circumstances existing at the time of the act cause the
17.17 	complainant to have a reasonable fear of imminent great bodily
17.18 	harm to the complainant or another;
17.19 	(d) the actor is armed with a dangerous weapon or any
17.20 	article used or fashioned in a manner to lead the complainant to
17.21 	reasonably believe it to be a dangerous weapon and uses or
17.22 	threatens to use the dangerous weapon to cause the complainant
17.23 	to submit;
17.24 	(e) the actor causes personal injury to the complainant,
17.25 	and either of the following circumstances exist:
17.26 	(i) the actor uses force or coercion to accomplish the
17.27 	sexual contact; or
17.28 	(ii) the actor knows or has reason to know that the
17.29 	complainant is mentally impaired, mentally incapacitated, or
17.30 	physically helpless;
17.31 	(f) the actor is aided or abetted by one or more
17.32 	accomplices within the meaning of section 609.05, and either of
17.33 	the following circumstances exists:
17.34 	(i) an accomplice uses force or coercion to cause the
17.35 	complainant to submit; or
17.36 	(ii) an accomplice is armed with a dangerous weapon or any
18.1 	article used or fashioned in a manner to lead the complainant to
18.2 	reasonably believe it to be a dangerous weapon and uses or
18.3 	threatens to use the weapon or article to cause the complainant
18.4 	to submit;
18.5 	(g) the actor has a significant relationship to the
18.6 	complainant and the complainant was under 16 years of age at the
18.7 	time of the sexual contact.  Neither mistake as to the
18.8 	complainant's age nor consent to the act by the complainant is a
18.9 	defense; or
18.10 	(h) the actor has a significant relationship to the
18.11 	complainant, the complainant was under 16 years of age at the
18.12 	time of the sexual contact, and:
18.13 	(i) the actor or an accomplice used force or coercion to
18.14 	accomplish the contact;
18.15 	(ii) the complainant suffered personal injury; or
18.16 	(iii) the sexual abuse involved multiple acts committed
18.17 	over an extended period of time.
18.18 	Neither mistake as to the complainant's age nor consent to
18.19 	the act by the complainant is a defense.
18.20 		Subd. 2.Penalty. (a) Except as otherwise provided in
18.21 	section 609.109, a person convicted under subdivision 1 may be
18.22 	sentenced to imprisonment for not more than 25 years or to a
18.23 	payment of a fine of not more than $35,000, or both life.  The
18.24 	person also may be sentenced to a fine of not more than $35,000.
18.25 	(b) If section 609.3455 provides the sentence for a
18.26 	conviction under this section, the court shall sentence the
18.27 	person to an indeterminate sentence under section 609.3455.  If
18.28 	section 609.3455 does not provide the sentence for a conviction
18.29 	under this section, the court shall sentence the person as
18.30 	provided in paragraph (c).
18.31 	(c) Unless a longer mandatory minimum sentence is otherwise
18.32 	required by law or the Sentencing Guidelines provide for a
18.33 	longer presumptive executed sentence, the court shall presume
18.34 	that an executed sentence of 90 months must the minimum sentence
18.35 	that may be imposed on an offender convicted of violating
18.36 	subdivision 1, clause (c), (d), (e), (f), or (h) is an executed
19.1 	sentence of 90 months.  Sentencing a person in a manner other
19.2 	than that described in this paragraph is a departure from the
19.3 	Sentencing Guidelines.
19.4 	(d) Unless a longer mandatory minimum sentence is otherwise
19.5 	required or the Sentencing Guidelines call for a longer
19.6 	presumptive executed sentence, for the purpose of section
19.7 	609.3455, the court shall presume the minimum term of
19.8 	imprisonment for a conviction under subdivision 1, clause (c),
19.9 	(d), (e), (f), or (h), is 60 months and the minimum term of
19.10 	imprisonment for a conviction for an attempted violation of
19.11 	subdivision 1, clause (c), (d), (e), (f), or (h), is 30 months.
19.12 		Subd. 3.Stay. Except as otherwise provided in this
19.13 	subdivision or when imprisonment is required under
19.14 	section 609.109 609.3458, if a person is convicted under
19.15 	subdivision 1, clause (g), the court may stay imposition or
19.16 	execution of the sentence if it finds that:
19.17 	(a) a stay is in the best interest of the complainant or
19.18 	the family unit; and
19.19 	(b) a professional assessment indicates that the offender
19.20 	has been accepted by and can respond to a treatment program.
19.21 	If the court stays imposition or execution of sentence, it
19.22 	shall include the following as conditions of probation:
19.23 	(1) incarceration in a local jail or workhouse;
19.24 	(2) a requirement that the offender complete a treatment
19.25 	program; and
19.26 	(3) a requirement that the offender have no unsupervised
19.27 	contact with the complainant until the offender has successfully
19.28 	completed the treatment program unless approved by the treatment
19.29 	program and the supervising correctional agent.
19.30 	If a person violates a stay of imposition or execution of
19.31 	sentence granted under this subdivision, the person shall be
19.32 	subject to an indeterminate sentence as provided in section
19.33 	609.3455.
19.34 	
EFFECTIVE DATE. This section is effective August 1, 2005,
19.35 	and applies to crimes committed on or after that date.

19.36 	Sec. 14. Minnesota Statutes 2004, section 609.344, is
20.1 	amended to read:
20.2 	609.344 CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.
20.3 		Subdivision 1.Crime defined. A person who engages in
20.4 	sexual penetration with another person is guilty of criminal
20.5 	sexual conduct in the third degree if any of the following
20.6 	circumstances exists:
20.7 	(a) the complainant is under 13 years of age and the actor
20.8 	is no more than 36 months older than the complainant.  Neither
20.9 	mistake as to the complainant's age nor consent to the act by
20.10 	the complainant shall be a defense;
20.11 	(b) the complainant is at least 13 but less than 16 years
20.12 	of age and the actor is more than 24 months older than the
20.13 	complainant.  In any such case it shall be an affirmative
20.14 	defense, which must be proved by a preponderance of the
20.15 	evidence, that the actor believes the complainant to be 16 years
20.16 	of age or older.  If the actor in such a case is no more than 48
20.17 	months but more than 24 months older than the complainant, the
20.18 	actor may be sentenced to imprisonment for not more than five
20.19 	years.  Consent by the complainant is not a defense;
20.20 	(c) the actor uses force or coercion to accomplish the
20.21 	penetration;
20.22 	(d) the actor knows or has reason to know that the
20.23 	complainant is mentally impaired, mentally incapacitated, or
20.24 	physically helpless;
20.25 	(e) the complainant is at least 16 but less than 18 years
20.26 	of age and the actor is more than 48 months older than the
20.27 	complainant and in a position of authority over the complainant.
20.28 	Neither mistake as to the complainant's age nor consent to the
20.29 	act by the complainant is a defense;
20.30 	(f) the actor has a significant relationship to the
20.31 	complainant and the complainant was at least 16 but under 18
20.32 	years of age at the time of the sexual penetration.  Neither
20.33 	mistake as to the complainant's age nor consent to the act by
20.34 	the complainant is a defense;
20.35 	(g) the actor has a significant relationship to the
20.36 	complainant, the complainant was at least 16 but under 18 years
21.1 	of age at the time of the sexual penetration, and:
21.2 	(i) the actor or an accomplice used force or coercion to
21.3 	accomplish the penetration;
21.4 	(ii) the complainant suffered personal injury; or
21.5 	(iii) the sexual abuse involved multiple acts committed
21.6 	over an extended period of time.
21.7 	Neither mistake as to the complainant's age nor consent to
21.8 	the act by the complainant is a defense;
21.9 	(h) the actor is a psychotherapist and the complainant is a
21.10 	patient of the psychotherapist and the sexual penetration
21.11 	occurred:
21.12 	(i) during the psychotherapy session; or
21.13 	(ii) outside the psychotherapy session if an ongoing
21.14 	psychotherapist-patient relationship exists.
21.15 	Consent by the complainant is not a defense;
21.16 	(i) the actor is a psychotherapist and the complainant is a
21.17 	former patient of the psychotherapist and the former patient is
21.18 	emotionally dependent upon the psychotherapist;
21.19 	(j) the actor is a psychotherapist and the complainant is a
21.20 	patient or former patient and the sexual penetration occurred by
21.21 	means of therapeutic deception.  Consent by the complainant is
21.22 	not a defense;
21.23 	(k) the actor accomplishes the sexual penetration by means
21.24 	of deception or false representation that the penetration is for
21.25 	a bona fide medical purpose.  Consent by the complainant is not
21.26 	a defense;
21.27 	(1) the actor is or purports to be a member of the clergy,
21.28 	the complainant is not married to the actor, and:
21.29 	(i) the sexual penetration occurred during the course of a
21.30 	meeting in which the complainant sought or received religious or
21.31 	spiritual advice, aid, or comfort from the actor in private; or
21.32 	(ii) the sexual penetration occurred during a period of
21.33 	time in which the complainant was meeting on an ongoing basis
21.34 	with the actor to seek or receive religious or spiritual advice,
21.35 	aid, or comfort in private.  Consent by the complainant is not a
21.36 	defense;
22.1 	(m) the actor is an employee, independent contractor, or
22.2 	volunteer of a state, county, city, or privately operated adult
22.3 	or juvenile correctional system, including, but not limited to,
22.4 	jails, prisons, detention centers, or work release facilities,
22.5 	and the complainant is a resident of a facility or under
22.6 	supervision of the correctional system.  Consent by the
22.7 	complainant is not a defense; or
22.8 	(n) the actor provides or is an agent of an entity that
22.9 	provides special transportation service, the complainant used
22.10 	the special transportation service, and the sexual penetration
22.11 	occurred during or immediately before or after the actor
22.12 	transported the complainant.  Consent by the complainant is not
22.13 	a defense.
22.14 		Subd. 2.Penalty. (a) A person convicted under
22.15 	subdivision 1 may be sentenced to imprisonment for not more than
22.16 	15 years or to a payment of a fine of not more than $30,000, or
22.17 	both life.  The person also may be sentenced to a fine of not
22.18 	more than $30,000.
22.19 	(b) If section 609.3455 provides the sentence for a
22.20 	conviction under this section, the court shall sentence the
22.21 	person to an indeterminate sentence under section 609.3455.  If
22.22 	section 609.3455 does not provide the sentence for a conviction
22.23 	under this section, the court shall sentence the person to the
22.24 	presumptive sentence under the Sentencing Guidelines for the
22.25 	offense.
22.26 		Subd. 3.Stay. Except as otherwise provided in this
22.27 	subdivision or when imprisonment is required under
22.28 	section 609.109 609.3458, if a person is convicted under
22.29 	subdivision 1, clause (f), the court may stay imposition or
22.30 	execution of the sentence if it finds that:
22.31 	(a) a stay is in the best interest of the complainant or
22.32 	the family unit; and
22.33 	(b) a professional assessment indicates that the offender
22.34 	has been accepted by and can respond to a treatment program.
22.35 	If the court stays imposition or execution of sentence, it
22.36 	shall include the following as conditions of probation:
23.1 	(1) incarceration in a local jail or workhouse;
23.2 	(2) a requirement that the offender complete a treatment
23.3 	program; and
23.4 	(3) a requirement that the offender have no unsupervised
23.5 	contact with the complainant until the offender has successfully
23.6 	completed the treatment program unless approved by the treatment
23.7 	program and the supervising correctional agent.
23.8 	If a person violates a stay of imposition or execution of
23.9 	sentence granted under this subdivision, the person shall be
23.10 	subject to an indeterminate sentence as provided in section
23.11 	609.3455.
23.12 	
EFFECTIVE DATE. This section is effective August 1, 2005,
23.13 	and applies to crimes committed on or after that date.

23.14 	Sec. 15. Minnesota Statutes 2004, section 609.345, is
23.15 	amended to read:
23.16 	609.345 CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.
23.17 		Subdivision 1.Crime defined. A person who engages in
23.18 	sexual contact with another person is guilty of criminal sexual
23.19 	conduct in the fourth degree if any of the following
23.20 	circumstances exists:
23.21 	(a) the complainant is under 13 years of age and the actor
23.22 	is no more than 36 months older than the complainant.  Neither
23.23 	mistake as to the complainant's age or consent to the act by the
23.24 	complainant is a defense.  In a prosecution under this clause,
23.25 	the state is not required to prove that the sexual contact was
23.26 	coerced;
23.27 	(b) the complainant is at least 13 but less than 16 years
23.28 	of age and the actor is more than 48 months older than the
23.29 	complainant or in a position of authority over the complainant.
23.30 	Consent by the complainant to the act is not a defense.  In any
23.31 	such case, it shall be an affirmative defense which must be
23.32 	proved by a preponderance of the evidence that the actor
23.33 	believes the complainant to be 16 years of age or older;
23.34 	(c) the actor uses force or coercion to accomplish the
23.35 	sexual contact;
23.36 	(d) the actor knows or has reason to know that the
24.1 	complainant is mentally impaired, mentally incapacitated, or
24.2 	physically helpless;
24.3 	(e) the complainant is at least 16 but less than 18 years
24.4 	of age and the actor is more than 48 months older than the
24.5 	complainant and in a position of authority over the complainant.
24.6 	Neither mistake as to the complainant's age nor consent to the
24.7 	act by the complainant is a defense;
24.8 	(f) the actor has a significant relationship to the
24.9 	complainant and the complainant was at least 16 but under 18
24.10 	years of age at the time of the sexual contact.  Neither mistake
24.11 	as to the complainant's age nor consent to the act by the
24.12 	complainant is a defense;
24.13 	(g) the actor has a significant relationship to the
24.14 	complainant, the complainant was at least 16 but under 18 years
24.15 	of age at the time of the sexual contact, and:
24.16 	(i) the actor or an accomplice used force or coercion to
24.17 	accomplish the contact;
24.18 	(ii) the complainant suffered personal injury; or
24.19 	(iii) the sexual abuse involved multiple acts committed
24.20 	over an extended period of time.
24.21 	Neither mistake as to the complainant's age nor consent to
24.22 	the act by the complainant is a defense;
24.23 	(h) the actor is a psychotherapist and the complainant is a
24.24 	patient of the psychotherapist and the sexual contact occurred:
24.25 	(i) during the psychotherapy session; or
24.26 	(ii) outside the psychotherapy session if an ongoing
24.27 	psychotherapist-patient relationship exists.  Consent by the
24.28 	complainant is not a defense;
24.29 	(i) the actor is a psychotherapist and the complainant is a
24.30 	former patient of the psychotherapist and the former patient is
24.31 	emotionally dependent upon the psychotherapist;
24.32 	(j) the actor is a psychotherapist and the complainant is a
24.33 	patient or former patient and the sexual contact occurred by
24.34 	means of therapeutic deception.  Consent by the complainant is
24.35 	not a defense;
24.36 	(k) the actor accomplishes the sexual contact by means of
25.1 	deception or false representation that the contact is for a bona
25.2 	fide medical purpose.  Consent by the complainant is not a
25.3 	defense;
25.4 	(1) the actor is or purports to be a member of the clergy,
25.5 	the complainant is not married to the actor, and:
25.6 	(i) the sexual contact occurred during the course of a
25.7 	meeting in which the complainant sought or received religious or
25.8 	spiritual advice, aid, or comfort from the actor in private; or
25.9 	(ii) the sexual contact occurred during a period of time in
25.10 	which the complainant was meeting on an ongoing basis with the
25.11 	actor to seek or receive religious or spiritual advice, aid, or
25.12 	comfort in private.  Consent by the complainant is not a
25.13 	defense;
25.14 	(m) the actor is an employee, independent contractor, or
25.15 	volunteer of a state, county, city, or privately operated adult
25.16 	or juvenile correctional system, including, but not limited to,
25.17 	jails, prisons, detention centers, or work release facilities,
25.18 	and the complainant is a resident of a facility or under
25.19 	supervision of the correctional system.  Consent by the
25.20 	complainant is not a defense; or
25.21 	(n) the actor provides or is an agent of an entity that
25.22 	provides special transportation service, the complainant used
25.23 	the special transportation service, the complainant is not
25.24 	married to the actor, and the sexual contact occurred during or
25.25 	immediately before or after the actor transported the
25.26 	complainant.  Consent by the complainant is not a defense.
25.27 		Subd. 2.Penalty. (a) A person convicted under
25.28 	subdivision 1 may be sentenced to imprisonment for not more than
25.29 	ten years or to a payment of a fine of not more than $20,000, or
25.30 	both life.  The person also may be sentenced to a fine of not
25.31 	more than $20,000.
25.32 	(b) If section 609.3455 provides the sentence for a
25.33 	conviction under this section, the court shall sentence the
25.34 	person to an indeterminate sentence under section 609.3455.  If
25.35 	section 609.3455 does not provide the sentence for a conviction
25.36 	under this section, the court shall sentence the person to the
26.1 	presumptive sentence under the Sentencing Guidelines for the
26.2 	offense.
26.3 		Subd. 3.Stay. Except as otherwise provided in this
26.4 	subdivision or when imprisonment is required under
26.5 	section 609.109 609.3458, if a person is convicted under
26.6 	subdivision 1, clause (f), the court may stay imposition or
26.7 	execution of the sentence if it finds that:
26.8 	(a) a stay is in the best interest of the complainant or
26.9 	the family unit; and
26.10 	(b) a professional assessment indicates that the offender
26.11 	has been accepted by and can respond to a treatment program.
26.12 	If the court stays imposition or execution of sentence, it
26.13 	shall include the following as conditions of probation:
26.14 	(1) incarceration in a local jail or workhouse;
26.15 	(2) a requirement that the offender complete a treatment
26.16 	program; and
26.17 	(3) a requirement that the offender have no unsupervised
26.18 	contact with the complainant until the offender has successfully
26.19 	completed the treatment program unless approved by the treatment
26.20 	program and the supervising correctional agent.
26.21 	If a person violates a stay of imposition or execution of
26.22 	sentence granted under this subdivision, the person shall be
26.23 	subject to an indeterminate sentence as provided in section
26.24 	609.3455.
26.25 	
EFFECTIVE DATE. This section is effective August 1, 2005,
26.26 	and applies to crimes committed on or after that date.

26.27 	Sec. 16. Minnesota Statutes 2004, section 609.3452,
26.28 	subdivision 4, is amended to read:
26.29 		Subd. 4.Definition.  As used in this section, "sex
26.30 	offense" means a violation of section 609.342; 609.343; 609.344;
26.31 	609.345; 609.3451; 609.3453;609.746, subdivision 1; 609.79; or
26.32 	617.23; or another offense arising out of a charge based on one
26.33 	or more of those sections.
26.34 	
EFFECTIVE DATE. This section is effective August 1, 2005,
26.35 	and applies to crimes committed on or after that date.

26.36 	Sec. 17. [609.3453] CRIMINAL SEXUAL PREDATORY CONDUCT.
27.1 		Subdivision 1.Crime defined. A person is guilty of
27.2 	criminal sexual predatory conduct if the person commits a
27.3 	predatory crime and the predatory crime was motivated by the
27.4 	offender's sexual impulses or was part of a predatory pattern of
27.5 	behavior that had criminal sexual conduct as its goal.
27.6 		Subd. 2.Penalty. (a) A person convicted under
27.7 	subdivision 1, or for an attempted violation of subdivision 1,
27.8 	shall be sentenced under section 609.3455.  The person also may
27.9 	be sentenced to a fine of not more than $30,000.
27.10 	(b) The minimum term of imprisonment for a conviction under
27.11 	subdivision 1 is double the minimum term of imprisonment that
27.12 	would apply to the predatory crime.  The minimum term of
27.13 	imprisonment for an attempted violation of subdivision 1 is the
27.14 	minimum term of imprisonment that would apply to the predatory
27.15 	crime.
27.16 	
EFFECTIVE DATE. This section is effective August 1, 2005,
27.17 	and applies to crimes committed on or after that date.

27.18 	Sec. 18. [609.3455] INDETERMINATE SENTENCES FOR SEX
27.19 	OFFENSES.
27.20 		Subdivision 1.Applicability. (a) This section applies
27.21 	to an offender convicted of a violation of section 609.3453 or
27.22 	an attempted violation of section 609.3453.  This section also
27.23 	applies to an offender convicted of a violation of section
27.24 	609.342, subdivision 1, clause (a), (b), or (g); 609.343;
27.25 	609.344; or 609.345 or an attempted violation of section
27.26 	609.342, subdivision 1, clause (a), (b), or (g); 609.343;
27.27 	609.344; or 609.345 when:
27.28 	(1) the Sentencing Guidelines presume an executed sentence
27.29 	for the offense;
27.30 	(2) section 609.3458 imposes a mandatory minimum sentence;
27.31 	or 
27.32 	(3) the Sentencing Guidelines presume a stayed sentence for
27.33 	the offense and the court departs from the Sentencing Guidelines
27.34 	and imposes an upward dispositional departure.  This section
27.35 	also applies to a person who violates a stay of imposition or
27.36 	execution of sentence under section 609.343, subdivision 3;
28.1 	609.344, subdivision 3; or 609.345, subdivision 3.
28.2 	(b) The court shall sentence an offender covered by this
28.3 	subdivision to a minimum and maximum term of imprisonment, as
28.4 	specified in subdivision 2.
28.5 		Subd. 2.Minimum and maximum term of imprisonment. (a)
28.6 	Unless a longer mandatory minimum sentence is otherwise required
28.7 	by law, the presumptive minimum term of imprisonment for an
28.8 	offense listed in subdivision 1 is the minimum term of
28.9 	imprisonment for the offense committed or, in the case of an
28.10 	upward dispositional departure, the minimum term of imprisonment
28.11 	is the term of imprisonment specified by the court.  In
28.12 	sentencing an offender under this section, the court shall
28.13 	consider whether a longer mandatory minimum sentence is required
28.14 	under section 609.342, 609.343, 609.3457, or 609.3458.  The
28.15 	minimum term of imprisonment must be served before the offender
28.16 	may be granted conditional release under sections 244.0514 and
28.17 	244.0515.
28.18 	(b) Prior to the time of sentencing, the prosecutor may
28.19 	file a motion for a downward durational departure under the
28.20 	Sentencing Guidelines.  The court may grant this motion if the
28.21 	court finds substantial and compelling reasons to do so.  In no
28.22 	case shall the court impose a minimum term of imprisonment that
28.23 	is less than one year and one day.  A sentence imposed under
28.24 	this subdivision is a departure from the Sentencing Guidelines.
28.25 	(c) Notwithstanding any other law to the contrary, the
28.26 	maximum sentence for an offense listed in subdivision 1 is life.
28.27 	(d) Notwithstanding section 609.135, the court may not stay
28.28 	the imposition or execution of the sentence required by this
28.29 	section.  An offender committed to the custody of the
28.30 	commissioner of corrections under this section may not be
28.31 	released from incarceration except as provided in sections
28.32 	244.05, subdivision 8; 244.0514, subdivision 4; and 244.0515.
28.33 		Subd. 3.Conditional release. A person who is released
28.34 	from a state correctional facility after receiving a sentence
28.35 	under this section shall be subject to conditional release for
28.36 	the remainder of the person's life.  The terms and procedures
29.1 	related to conditional release are governed by sections 244.05,
29.2 	244.0514, and 609.3459.
29.3 	
EFFECTIVE DATE. This section is effective August 1, 2005,
29.4 	and applies to crimes committed on or after that date.

29.5 	Sec. 19. [609.3457] MANDATORY MINIMUM SENTENCES FOR
29.6 	CERTAIN DANGEROUS, PATTERNED SEX OFFENDERS; NO PREVIOUS
29.7 	CONVICTION REQUIRED.
29.8 		Subdivision 1.Mandatory increased sentence. (a) A court
29.9 	shall commit a person to the commissioner of corrections for a
29.10 	period of time that is not less than double the presumptive
29.11 	sentence under the Sentencing Guidelines and not more than the
29.12 	statutory maximum, or if the statutory maximum is less than
29.13 	double the presumptive sentence, for a period of time that is
29.14 	equal to the statutory maximum, if:
29.15 	(1) the court is imposing an executed sentence on a person
29.16 	convicted of committing or attempting to commit a violation of
29.17 	section 609.342, 609.343, 609.344, 609.345, or 609.3453;
29.18 	(2) the court finds that the offender is a danger to public
29.19 	safety; and 
29.20 	(3) the court finds that the offender needs long-term
29.21 	treatment or supervision beyond the presumptive term of
29.22 	imprisonment and supervised release.  The finding must be based
29.23 	on a professional assessment by an examiner experienced in
29.24 	evaluating sex offenders that concludes that the offender is a
29.25 	patterned sex offender.  The assessment must contain the facts
29.26 	upon which the conclusion is based, with reference to the
29.27 	offense history of the offender or the severity of the current
29.28 	offense, the social history of the offender, and the results of
29.29 	an examination of the offender's mental status unless the
29.30 	offender refuses to be examined.  The conclusion may not be
29.31 	based on testing alone.  A patterned sex offender is one whose
29.32 	criminal sexual behavior is so engrained that the risk of
29.33 	reoffending is great without intensive psychotherapeutic
29.34 	intervention or other long-term controls.
29.35 	(b) The court shall consider imposing a sentence under this
29.36 	section whenever a person is convicted of violating section
30.1 	609.342 or 609.343.
30.2 	(c) If the court sentences a person under this subdivision
30.3 	and the person is subject to indeterminate sentencing under
30.4 	section 609.3455, the minimum term of imprisonment shall be
30.5 	two-thirds of the minimum sentence specified in this
30.6 	subdivision, plus disciplinary time, unless a longer minimum
30.7 	term of imprisonment is otherwise required for the offense.  The
30.8 	maximum term of imprisonment shall be as provided in section
30.9 	609.3455.
30.10 		Subd. 2.Danger to public safety. The court shall base
30.11 	its finding that the offender is a danger to public safety on
30.12 	any of the following factors:
30.13 	(1) the crime involved an aggravating factor that would
30.14 	justify a durational departure from the presumptive sentence
30.15 	under the Sentencing Guidelines; or 
30.16 	(2) the offender previously committed or attempted to
30.17 	commit a predatory crime or a violation of section 609.224 or
30.18 	609.2242, including:
30.19 	(i) an offense committed as a juvenile that would have been
30.20 	a predatory crime or a violation of section 609.224 or 609.2242
30.21 	if committed by an adult; or 
30.22 	(ii) a violation or attempted violation of a similar law of
30.23 	any other state or the United States; or 
30.24 	(3) the offender planned for or prepared for the crime
30.25 	prior to its commission.
30.26 		Subd. 3.Departure from guidelines. A sentence imposed
30.27 	under subdivision 1 is a departure from the Sentencing
30.28 	Guidelines.
30.29 	
EFFECTIVE DATE. This section is effective August 1, 2005,
30.30 	and applies to crimes committed on or after that date.

30.31 	Sec. 20. [609.3458] MANDATORY MINIMUM SENTENCES FOR
30.32 	REPEAT OR AGGRAVATED SEX OFFENSES.
30.33 		Subdivision 1.Definition; conviction of offense. For
30.34 	purposes of this section, "offense" means a completed offense or
30.35 	an attempt to commit an offense.
30.36 		Subd. 2.Presumptive executed sentence. (a) Except as
31.1 	provided in subdivision 3, if a person is convicted under
31.2 	section 609.342, 609.343, 609.344, or 609.345 and has a previous
31.3 	sex offense conviction, the court shall commit the defendant to
31.4 	the commissioner of corrections for a minimum sentence of not
31.5 	less than three years.  Except as provided in subdivision 3, if
31.6 	a person is convicted under section 609.342, 609.343, 609.344,
31.7 	or 609.345 within five years of discharge from sentence for a
31.8 	previous sex offense conviction, the court shall commit the
31.9 	defendant to the commissioner of corrections for a minimum
31.10 	sentence of not less than five years.  The court may stay the
31.11 	execution of the sentence imposed under this subdivision only if:
31.12 	(1) the offense is not governed by an indeterminate
31.13 	sentence under section 609.3455; and 
31.14 	(2) it finds that a professional assessment indicates the
31.15 	offender is accepted by and can respond to treatment at a
31.16 	long-term inpatient program exclusively treating sex offenders
31.17 	and approved by the commissioner of corrections.  If the court
31.18 	stays the execution of a sentence, it shall include the
31.19 	following as conditions of probation:
31.20 	(i) incarceration in a local jail or workhouse; and 
31.21 	(ii) a requirement that the offender successfully complete
31.22 	the treatment program and aftercare as directed by the court.
31.23 	(b) If the court sentences a person under this subdivision
31.24 	and the person is subject to indeterminate sentencing under
31.25 	section 609.3455, the minimum term of imprisonment shall be
31.26 	two-thirds of the minimum sentence specified in this
31.27 	subdivision, plus disciplinary time, unless a longer minimum
31.28 	term of imprisonment is otherwise required for the offense.  The
31.29 	maximum term of imprisonment is life.
31.30 		Subd. 3.Mandatory life sentence. (a) The court shall
31.31 	sentence a person to imprisonment for life if:
31.32 	(1) the person is convicted under section 609.342; and 
31.33 	(2) the court determines on the record at the time of
31.34 	sentencing that any of the following circumstances exists:
31.35 	(i) the person has previously been sentenced under section
31.36 	609.1095;
32.1 	(ii) the person has one previous sex offense conviction for
32.2 	a violation of section 609.342, 609.343, or 609.344 that
32.3 	occurred before August 1, 1989, for which the person was
32.4 	sentenced to prison in an upward durational departure from the
32.5 	Sentencing Guidelines that resulted in a sentence at least twice
32.6 	as long as the presumptive sentence; or 
32.7 	(iii) the person has two previous sex offense convictions
32.8 	under section 609.342, 609.343, or 609.344.
32.9 	(b) Notwithstanding subdivision 2 and section 609.342,
32.10 	subdivision 3, the court may not stay imposition of the sentence
32.11 	required by this subdivision.
32.12 		Subd. 4.Mandatory minimum 30-year sentence. (a) The
32.13 	court shall commit a person to the commissioner of corrections
32.14 	for a minimum sentence of not less than 30 years if:
32.15 	(1) the person is convicted under section 609.342,
32.16 	subdivision 1, clause (c), (d), (e), or (f), or 609.343,
32.17 	subdivision 1, clause (c), (d), (e), or (f); and 
32.18 	(2) the court determines on the record at the time of
32.19 	sentencing that:
32.20 	(i) the crime involved an aggravating factor that would
32.21 	provide grounds for an upward departure under the Sentencing
32.22 	Guidelines other than the aggravating factor applicable to
32.23 	repeat criminal sexual conduct convictions; and 
32.24 	(ii) the person has a previous sex offense conviction under
32.25 	section 609.342, 609.343, or 609.344.
32.26 	(b) Notwithstanding subdivision 2 and sections 609.342,
32.27 	subdivision 3, or 609.343, subdivision 3, the court may not stay
32.28 	imposition or execution of the sentence required by this
32.29 	subdivision.
32.30 	(c) If the court sentences a person under this subdivision
32.31 	and the person is subject to indeterminate sentencing under
32.32 	section 609.3455, the minimum term of imprisonment shall be
32.33 	two-thirds of the minimum sentence specified in this
32.34 	subdivision, plus disciplinary time, unless a longer minimum
32.35 	term of imprisonment is otherwise required for the offense.  The
32.36 	maximum term of imprisonment is life.
33.1 		Subd. 5.Previous sex offense convictions. For the
33.2 	purposes of this section, a conviction is considered a previous
33.3 	sex offense conviction if the person was convicted of a sex
33.4 	offense before the commission of the present offense of
33.5 	conviction.  A person has two previous sex offense convictions
33.6 	only if the person was convicted and sentenced for a sex offense
33.7 	committed after the person was earlier convicted and sentenced
33.8 	for a sex offense, and both convictions preceded the commission
33.9 	of the present offense of conviction.  A "sex offense" is a
33.10 	violation of sections 609.342 to 609.345 or any similar statute
33.11 	of the United States, this state, or any other state.
33.12 		Subd. 6.Mandatory minimum departure for sex offenders.
 33.13 	(a) The court shall sentence a person to at least twice the
33.14 	presumptive sentence recommended by the Sentencing Guidelines if:
33.15 	(1) the person is convicted under section 609.342,
33.16 	subdivision 1, clause (c), (d), (e), or (f), 609.343,
33.17 	subdivision 1, clause (c), (d), (e), or (f); or 609.344,
33.18 	subdivision 1, clause (c) or (d); and 
33.19 	(2) the court determines on the record at the time of
33.20 	sentencing that the crime involved an aggravating factor that
33.21 	would provide grounds for an upward departure under the
33.22 	Sentencing Guidelines.
33.23 	(b) If the court sentences a person under this subdivision
33.24 	and the person is subject to indeterminate sentencing under
33.25 	section 609.3455, the minimum term of imprisonment shall be
33.26 	two-thirds of the minimum sentence specified in this
33.27 	subdivision, plus disciplinary time, unless a longer minimum
33.28 	term of imprisonment is otherwise required for the offense.  The
33.29 	maximum term of imprisonment is life.
33.30 	
EFFECTIVE DATE. This section is effective August 1, 2005,
33.31 	and applies to crimes committed on or after that date.

33.32 	Sec. 21. [609.3459] CONDITIONAL RELEASE FOR SEX
33.33 	OFFENDERS.
33.34 		Subdivision 1.Applicability. This section applies to a
33.35 	person who commits a sex offense.
33.36 		Subd. 2.Length of conditional release sentence. (a)
34.1 	Notwithstanding the statutory maximum sentence otherwise
34.2 	applicable to the offense or any provision of the Sentencing
34.3 	Guidelines, when a court sentences a person to the custody of
34.4 	the commissioner of corrections for a violation or attempted
34.5 	violation of section 609.342, 609.343, 609.344, 609.345, or
34.6 	609.3453, the court shall provide that, upon the person's
34.7 	release from a state correctional facility, the commissioner of
34.8 	corrections shall place the person on conditional release.
34.9 	(b) If the person was convicted for a violation or
34.10 	attempted violation of section 609.343, 609.344, or 609.345 and
34.11 	was not sentenced under section 609.3455, the person shall be
34.12 	placed on conditional release for five years, minus the time the
34.13 	person served on supervised release.
34.14 	(c) If the person was convicted for a violation or
34.15 	attempted violation of section 609.343, 609.344, or 609.345
34.16 	after a previous sex offense conviction as defined in section
34.17 	609.3458, subdivision 5, or was sentenced to a mandatory
34.18 	departure under section 609.3458, subdivision 6, the person
34.19 	shall be placed on conditional release for ten years, minus the
34.20 	time the person served on supervised release, unless the person
34.21 	was sentenced under section 609.3455.
34.22 	(d) If the person was convicted for a sex offense and
34.23 	sentenced under section 609.3455, the person shall be subject to
34.24 	an indeterminate sentence and, if released from a correctional
34.25 	facility under sections 244.0514 and 244.0515, the person shall
34.26 	be placed on conditional release for the remainder of the
34.27 	person's life.
34.28 		Subd. 3.Terms of conditional release. (a) The
34.29 	conditions of release may include successful completion of
34.30 	treatment and aftercare in a program approved by the
34.31 	commissioner, satisfaction of the release conditions specified
34.32 	in section 244.05, subdivision 6, and any other conditions the
34.33 	commissioner considers appropriate.  Before the offender is
34.34 	released, the commissioner shall notify the sentencing court,
34.35 	the prosecutor in the jurisdiction where the offender was
34.36 	sentenced, and the victim of the offender's crime, whenever
35.1 	possible, of the terms of the offender's conditional release.
35.2 	If the offender fails to meet any condition of release, the
35.3 	commissioner may revoke the offender's conditional release and
35.4 	order that the offender serve the remaining portion of the
35.5 	conditional release term in prison.  For offenders subject to a
35.6 	five- or ten-year conditional release period, the commissioner
35.7 	shall not dismiss the offender from supervision before the
35.8 	conditional release term expires.  For offenders subject to
35.9 	conditional release for life, the commissioner shall not dismiss
35.10 	the offender from supervision.
35.11 	(b) Conditional release under this section is governed by
35.12 	provisions relating to supervised release, except as otherwise
35.13 	provided in this section or section 244.04, subdivision 1, or
35.14 	244.05.  Conditional release under this section also is governed
35.15 	by section 244.0514.
35.16 	(c) The commissioner shall develop a plan to pay the cost
35.17 	of treatment of a person released under this subdivision.  The
35.18 	plan may include various means of paying for this treatment,
35.19 	including co-payments from offenders, payment or reimbursement
35.20 	from third parties, payments from local agencies, and funding
35.21 	from other sources, as these sources are identified.  This
35.22 	section does not require the commissioner to accept or retain an
35.23 	offender in a treatment program.
35.24 	
EFFECTIVE DATE. This section is effective August 1, 2005,
35.25 	and applies to crimes committed on or after that date.

35.26 	Sec. 22. INSTRUCTION TO SENTENCING GUIDELINES
35.27 	COMMISSION.
 35.28 	The Minnesota Sentencing Guidelines Commission is directed
35.29 	to review the new and increased penalties for various crimes in
35.30 	this act to ensure the presumptive sentences under the
35.31 	Sentencing Guidelines reflect the legislature's assessment of
35.32 	the severity of these crimes.  In those situations where the
35.33 	Sentencing Guidelines do not reflect the legislature's
35.34 	assessment of the severity of these crimes, the commission shall
35.35 	increase the level at which various crimes are ranked and set
35.36 	new presumptive sentences for these crimes, if necessary.

36.1 	EFFECTIVE DATE. This section is effective August 1, 2005.

36.2 	Sec. 23. REPEALER.
 36.3 	Minnesota Statutes 2004, sections 609.108 and 609.109, are
36.4 	repealed.  The revisor shall include a note accompanying the
36.5 	repeal to inform the reader that these statutes have been
36.6 	amended and recodified, from sections 609.108 and 609.109 to
36.7 	sections 609.3457 and 609.3458, respectively.

36.8 	EFFECTIVE DATE. This section is effective August 1, 2005.

36.9 	ARTICLE 2
36.10 	MINNESOTA SEX OFFENDER REVIEW BOARD

36.11 	Section 1. Minnesota Statutes 2004, section 13.851, is
36.12 	amended by adding a subdivision to read:
36.13 		Subd. 9.Predatory offenders; minnesota sex offender
36.14 	review board. Certain data classified under this chapter are
36.15 	made accessible to the Minnesota Sex Offender Review Board under
36.16 	section 244.0515.
36.17 	
EFFECTIVE DATE. This section is effective August 1, 2005.

36.18 	Sec. 2. Minnesota Statutes 2004, section 13D.01,
36.19 	subdivision 2, is amended to read:
36.20 		Subd. 2.Exceptions.  This chapter does not apply:
36.21 	(1) to meetings of the commissioner of corrections;
36.22 	(2) to meetings of the Minnesota Sex Offender Review Board
36.23 	under section 244.0515;
36.24 	(3) to a state agency, board, or commission when it is
36.25 	exercising quasi-judicial functions involving disciplinary
36.26 	proceedings; or
36.27 	(3) (4) as otherwise expressly provided by statute.
36.28 	
EFFECTIVE DATE. This section is effective August 1, 2005.

36.29 	Sec. 3. [244.0515] MINNESOTA SEX OFFENDER REVIEW BOARD.
36.30 		Subdivision 1.Definitions. For the purpose of this
36.31 	section, the following terms have the meanings given them.
36.32 	(a) "Board" means the Minnesota Sex Offender Review Board
36.33 	established under subdivision 2.
36.34 	(b) "End-of-confinement review committee" means the
36.35 	committee described in section 244.052, subdivision 3.
36.36 	(c) "Victim" means an individual who suffered harm as a
37.1 	result of the inmate's crime or, if the individual is deceased,
37.2 	the deceased's surviving spouse or next of kin.
37.3 		Subd. 2.Board; establishment. The Minnesota Sex
37.4 	Offender Review Board is established which shall be comprised of
37.5 	five members.  The board shall be governed by section 15.0575,
37.6 	except as otherwise provided by this section.
37.7 		Subd. 3.Members. The Minnesota Sex Offender Review
37.8 	Board shall consist of the following:
37.9 	(1) the commissioner of corrections or a designee appointed
37.10 	by the commissioner;
37.11 	(2) the commissioner of human services or a designee
37.12 	appointed by the commissioner;
37.13 	(3) a retired judge appointed by the governor;
37.14 	(4) a treatment professional, not employed by the
37.15 	Department of Corrections or the Department of Human Services,
37.16 	trained in the assessment of sex offenders and appointed by the
37.17 	governor; and 
37.18 	(5) one public member appointed by the governor.
37.19 	When an appointing authority selects individuals for
37.20 	membership on the board, the authority shall make reasonable
37.21 	efforts to appoint qualified members of protected groups, as
37.22 	defined in section 43A.02, subdivision 33.
37.23 	One of the members shall be designated by the governor as
37.24 	chair of the board.
37.25 		Subd. 4.Appointment terms. Each appointed member shall
37.26 	be appointed for four years and shall continue to serve during
37.27 	that time as long as the member occupies the position that made
37.28 	the member eligible for the appointment.  Each member shall
37.29 	continue in office until a successor is duly appointed.  Members
37.30 	shall be eligible for reappointment and the appointment may be
37.31 	made to fill an unexpired term.  The members of the board shall
37.32 	elect any additional officers necessary for the efficient
37.33 	discharge of their duties.
37.34 		Subd. 5.Responsibilities. (a) The board is responsible
37.35 	for making decisions regarding the release of inmates sentenced
37.36 	under sections 609.3455 and 609.3458, subdivision 3.  The board
38.1 	shall hold a hearing to consider the release of an inmate at
38.2 	least 90 days before the inmate is first eligible for release.
38.3 	The board also shall hold a hearing when the inmate petitions
38.4 	for release from imprisonment, as provided in subdivision 6.
38.5 	(b) When determining whether to grant conditional release
38.6 	to an inmate serving a life sentence under section 609.3455, the
38.7 	board shall consider:
38.8 	(1) the risk assessment report prepared under section
38.9 	244.052 and any and all information the end-of-confinement
38.10 	review committee reviewed in making its risk assessment;
38.11 	(2) the community investigation report prepared under
38.12 	section 244.05, subdivision 5, and any and all information
38.13 	gathered for use in compiling that report;
38.14 	(3) the inmate's criminal offense history;
38.15 	(4) the inmate's behavior while incarcerated;
38.16 	(5) the inmate's participation in, and completion of,
38.17 	appropriate treatment;
38.18 	(6) the inmate's need for additional treatment, training,
38.19 	or supervision;
38.20 	(7) the danger the inmate poses to the public if released;
38.21 	and 
38.22 	(8) any other information the board deems relevant.
38.23 	(c) The board shall have access to the following data on an
38.24 	inmate only for purposes of making the conditional release
38.25 	decision:
38.26 	(1) private medical data under section 13.384 or 144.335,
38.27 	or welfare data under section 13.46 that relate to medical
38.28 	treatment of the inmate;
38.29 	(2) private and confidential court services data under
38.30 	section 13.84;
38.31 	(3) private and confidential corrections data under section
38.32 	13.85;
38.33 	(4) private criminal history data under section 13.87;
38.34 	(5) the community investigation report prepared under
38.35 	section 244.05, subdivision 5, and any information gathered for
38.36 	use in compiling the report; and 
39.1 	(6) the risk assessment report prepared under section
39.2 	244.052, subdivision 5, and any information used to make the
39.3 	risk assessment.
39.4 	Data collected and maintained by the board under this
39.5 	paragraph may not be disclosed outside the board, except as
39.6 	provided under section 13.05, subdivision 3 or 4.  The inmate
39.7 	has access to data on the inmate collected and maintained by the
39.8 	board, unless the data are confidential data received under this
39.9 	paragraph.
39.10 	(d) The board must make a decision regarding whether or not
39.11 	to grant conditional release within 14 days of the hearing.  If
39.12 	the board decides not to grant conditional release to an inmate,
39.13 	the board must specify in writing the reasons for its decision.
39.14 	The board may identify in writing conditions the offender must
39.15 	meet in order to file a petition with the board for release.
39.16 	The board also may inform the inmate in writing that the inmate
39.17 	may petition for release earlier than the time designated in
39.18 	subdivision 6.
39.19 	(e) If the board grants conditional release to the inmate
39.20 	at the inmate's first hearing before the board, the commissioner
39.21 	of corrections must release the individual at the time the
39.22 	inmate is first eligible for release.  If the board subsequently
39.23 	grants conditional release to the inmate, the commissioner of
39.24 	corrections must release the individual 90 days from the date of
39.25 	the board's decision.  If the inmate's scheduled release date
39.26 	falls on a Friday, Saturday, Sunday, or holiday, the inmate's
39.27 	conditional release term shall begin as specified in section
39.28 	244.05, subdivision 1a.
39.29 		Subd. 6.Petition for release. (a) An inmate who has
39.30 	served the minimum term of imprisonment is eligible to petition
39.31 	the board for release.
39.32 	(b) Except as provided in paragraph (c), the inmate may not
39.33 	petition the board for release until two years have passed since
39.34 	the board last issued a written decision denying release to the
39.35 	inmate, or until the inmate satisfies all conditions set by the
39.36 	board when it previously denied release, whichever is later.
40.1 	(c) An inmate who is released by the board and is
40.2 	subsequently reincarcerated under section 244.05, subdivision 3,
40.3 	for a violation of the conditions of the offender's release, may
40.4 	not petition for release until two years have passed since the
40.5 	offender was first reincarcerated, unless the commissioner, upon
40.6 	revoking the person's release, specifies in writing that the
40.7 	offender may petition the board for release before that time.
40.8 	(d) An inmate may petition the board at an earlier time
40.9 	than allowed under paragraph (b) or (c) if the board authorizes
40.10 	an earlier petition under subdivision 5.
40.11 		Subd. 7.Release hearing. (a) Within 45 days of the time
40.12 	the board first considers an inmate's eligibility for release,
40.13 	or within 45 days of the time the inmate files a petition for
40.14 	release, the commissioner of corrections shall give written
40.15 	notice of the time and place of the hearing before the board to
40.16 	all interested parties, including the petitioner, the sentencing
40.17 	court, the county attorney's office involved in prosecuting the
40.18 	case, and the victim.
40.19 	(b) The victim has a right to submit an oral or written
40.20 	statement to the board at the hearing.  The statement may
40.21 	summarize the harm suffered by the victim as a result of the
40.22 	crime and give the victim's recommendation on whether the inmate
40.23 	should be given conditional release.  The board must consider
40.24 	the victim's statement when making the conditional release
40.25 	decision.
40.26 	(c) The hearing must be held on the record.  Upon approval
40.27 	of the board, the petitioner may subpoena witnesses to appear at
40.28 	the hearing.
40.29 		Subd. 8.Administrative services. The commissioner of
40.30 	corrections shall provide adequate office space and
40.31 	administrative services for the board.  The board may utilize
40.32 	the services, equipment, personnel, information, and resources
40.33 	of other state agencies with their consent.  The board may
40.34 	accept voluntary and uncompensated services; contract with
40.35 	individuals and public and private agencies; and request
40.36 	information, reports, and data from any agency of the state, or
41.1 	any of its political subdivisions, to the extent authorized by
41.2 	law.
41.3 		Subd. 9.Administrator. The board may select and employ
41.4 	an administrator who shall perform the duties the board directs,
41.5 	including the hiring of any clerical help and other employees as
41.6 	the board may approve.  The administrator and other staff shall
41.7 	be in the unclassified service of the state and their
41.8 	compensation shall be established pursuant to chapter 43A.  They
41.9 	shall be reimbursed for the expenses necessarily incurred in the
41.10 	performance of their official duties in the same manner as other
41.11 	state employees.
41.12 		Subd. 10.Exemption from chapter 14. (a) For the
41.13 	purposes of this section and except as provided in paragraph
41.14 	(b), the Minnesota Sex Offender Review Board and the
41.15 	commissioner of corrections are not subject to chapter 14.
41.16 	(b) The Minnesota Sex Offender Review Board and the
41.17 	commissioner of corrections may adopt rules under sections
41.18 	14.389, 244.0514, and 609.3459 when proceeding under this
41.19 	section.
41.20 	
EFFECTIVE DATE. This section is effective August 1, 2005.

41.21 	Sec. 4. DIRECTION TO COMMISSIONER OF CORRECTIONS.
 41.22 	(a) The commissioner of corrections shall establish
41.23 	criteria and procedures for the Minnesota Sex Offender Review
41.24 	Board, established under Minnesota Statutes, section 244.0515,
41.25 	to use in making release and revocation decisions on offenders
41.26 	sentenced under Minnesota Statutes, sections 609.3455 and
41.27 	609.3458, subdivision 3.  In establishing criteria and
41.28 	procedures, the commissioner of corrections shall seek the input
41.29 	of the end-of-confinement review committee at each state
41.30 	correctional facility and at each state treatment facility where
41.31 	predatory offenders are confined.  The commissioner also shall
41.32 	seek input from individuals knowledgeable in health and human
41.33 	services; public safety; Minnesota's sex offender treatment
41.34 	program; treatment of sex offenders; crime victim issues;
41.35 	criminal law; sentencing guidelines; law enforcement; and
41.36 	probation, supervised release, and conditional release.
42.1 	(b) The commissioner of corrections shall establish
42.2 	criteria and procedures to govern the review and release of sex
42.3 	offenders subject to indeterminate sentences by November 15,
42.4 	2004.  These criteria and procedures will become effective on
42.5 	June 1, 2005, unless the legislature takes action before that
42.6 	time to modify or reject the criteria and procedures.
42.7 	(c) By November 15, 2004, the commissioner of corrections
42.8 	shall provide the legislature with a written report containing
42.9 	the criteria and procedures the commissioner proposes the
42.10 	Minnesota Sex Offender Review Board use in deciding whether to
42.11 	release a sex offender subject to an indeterminate sentence.
42.12 	This report also shall include a summary of the input gathered
42.13 	under paragraph (a).

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

42.16 	ARTICLE 3
42.17 	SEX OFFENDER TECHNICAL AND CONFORMING CHANGES

42.18 	Section 1. Minnesota Statutes 2004, section 241.67,
42.19 	subdivision 3, is amended to read:
42.20 		Subd. 3.Programs for adult offenders committed to the
42.21 	commissioner.  (a) The commissioner shall provide for a range of
42.22 	sex offender programs, including intensive sex offender
42.23 	programs, within the state adult correctional facility system.
42.24 	Participation in any program is subject to the rules and
42.25 	regulations of the Department of Corrections.  Nothing in this
42.26 	section requires the commissioner to accept or retain an
42.27 	offender in a program if the offender is determined by prison
42.28 	professionals as unamenable to programming within the prison
42.29 	system or if the offender refuses or fails to comply with the
42.30 	program's requirements.  Nothing in this section creates a right
42.31 	of an offender to treatment.
42.32 	(b) The commissioner shall provide for residential and
42.33 	outpatient sex offender programming and aftercare when required
42.34 	for conditional release under section 609.108 609.3459 or as a
42.35 	condition of supervised release.
42.36 	
EFFECTIVE DATE. This section is effective August 1, 2005,
43.1 	and applies to crimes committed on or after that date.

43.2 	Sec. 2. Minnesota Statutes 2004, section 243.166,
43.3 	subdivision 1, is amended to read:
43.4 		Subdivision 1.Registration required.  (a) A person shall
43.5 	register under this section if:
43.6 	(1) the person was charged with or petitioned for a felony
43.7 	violation of or attempt to violate any of the following, and
43.8 	convicted of or adjudicated delinquent for that offense or
43.9 	another offense arising out of the same set of circumstances:
43.10 	(i) murder under section 609.185, clause (2); or
43.11 	(ii) kidnapping under section 609.25; or
43.12 	(iii) criminal sexual conduct under section 609.342;
43.13 	609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
43.14 	(iv) indecent exposure under section 617.23, subdivision 3;
43.15 	or
43.16 	(2) the person was charged with or petitioned for falsely
43.17 	imprisoning a minor in violation of section 609.255, subdivision
43.18 	2; soliciting a minor to engage in prostitution in violation of
43.19 	section 609.322 or 609.324; soliciting a minor to engage in
43.20 	sexual conduct in violation of section 609.352; using a minor in
43.21 	a sexual performance in violation of section 617.246; or
43.22 	possessing pornographic work involving a minor in violation of
43.23 	section 617.247, and convicted of or adjudicated delinquent for
43.24 	that offense or another offense arising out of the same set of
43.25 	circumstances; or
43.26 	(3) the person was convicted of a predatory crime as
43.27 	defined in section 609.108 609.341, subdivision 25, and the
43.28 	offender was sentenced as a patterned sex offender or the court
43.29 	found on its own motion or that of the prosecutor that the crime
43.30 	was part of a predatory pattern of behavior that had criminal
43.31 	sexual conduct as its goal under section 609.3455; or
43.32 	(4) the person was convicted of or adjudicated delinquent
43.33 	for, including pursuant to a court martial, violating a law of
43.34 	the United States, including the Uniform Code of Military
43.35 	Justice, similar to the offenses described in clause (1), (2),
43.36 	or (3).
44.1 	(b) A person also shall register under this section if:
44.2 	(1) the person was convicted of or adjudicated delinquent
44.3 	in another state for an offense that would be a violation of a
44.4 	law described in paragraph (a) if committed in this state;
44.5 	(2) the person enters the state to reside, or to work or
44.6 	attend school; and
44.7 	(3) ten years have not elapsed since the person was
44.8 	released from confinement or, if the person was not confined,
44.9 	since the person was convicted of or adjudicated delinquent for
44.10 	the offense that triggers registration, unless the person is
44.11 	subject to lifetime registration, in which case the person must
44.12 	register for life regardless of when the person was released
44.13 	from confinement, convicted, or adjudicated delinquent.
44.14 	For purposes of this paragraph:
44.15 	(i) "school" includes any public or private educational
44.16 	institution, including any secondary school, trade or
44.17 	professional institution, or institution of higher education,
44.18 	that the person is enrolled in on a full-time or part-time
44.19 	basis; and
44.20 	(ii) "work" includes employment that is full time or part
44.21 	time for a period of time exceeding 14 days or for an aggregate
44.22 	period of time exceeding 30 days during any calendar year,
44.23 	whether financially compensated, volunteered, or for the purpose
44.24 	of government or educational benefit.
44.25 	(c) A person also shall register under this section if the
44.26 	person was committed pursuant to a court commitment order under
44.27 	section 253B.185 or Minnesota Statutes 1992, section 526.10, or
44.28 	a similar law of another state or the United States, regardless
44.29 	of whether the person was convicted of any offense.
44.30 	(d) A person also shall register under this section if:
44.31 	(1) the person was charged with or petitioned for a felony
44.32 	violation or attempt to violate any of the offenses listed in
44.33 	paragraph (a), clause (1), or a similar law of another state or
44.34 	the United States, or the person was charged with or petitioned
44.35 	for a violation of any of the offenses listed in paragraph (a),
44.36 	clause (2), or a similar law of another state or the United
45.1 	States;
45.2 	(2) the person was found not guilty by reason of mental
45.3 	illness or mental deficiency after a trial for that offense, or
45.4 	found guilty but mentally ill after a trial for that offense, in
45.5 	states with a guilty but mentally ill verdict; and
45.6 	(3) the person was committed pursuant to a court commitment
45.7 	order under section 253B.18 or a similar law of another state or
45.8 	the United States.
45.9 	
EFFECTIVE DATE. This section is effective August 1, 2005,
45.10 	and applies to crimes committed on or after that date.

45.11 	Sec. 3. Minnesota Statutes 2004, section 244.05,
45.12 	subdivision 1, is amended to read:
45.13 		Subdivision 1.Supervised release required.  Except as
45.14 	provided in subdivisions 1b, 4, and 5, and section 244.0514,
45.15 	every inmate shall serve a supervised release term upon
45.16 	completion of the inmate's term of imprisonment as reduced by
45.17 	any good time earned by the inmate or extended by confinement in
45.18 	punitive segregation pursuant to section 244.04, subdivision 2.
45.19 	Except for a sex offender conditionally released under section
45.20 	609.108, subdivision 5, the supervised release term shall be
45.21 	equal to the period of good time the inmate has earned, and
45.22 	shall not exceed the length of time remaining in the inmate's
45.23 	sentence.
45.24 	
EFFECTIVE DATE. This section is effective August 1, 2005,
45.25 	and applies to crimes committed on or after that date.

45.26 	Sec. 4. Minnesota Statutes 2004, section 244.05,
45.27 	subdivision 3, is amended to read:
45.28 		Subd. 3.Sanctions for violation.  If an inmate violates
45.29 	the conditions of the inmate's supervised release imposed by the
45.30 	commissioner, the commissioner may:
45.31 	(1) continue the inmate's supervised release term, with or
45.32 	without modifying or enlarging the conditions imposed on the
45.33 	inmate; or
45.34 	(2) revoke the inmate's supervised release and reimprison
45.35 	the inmate for the appropriate period of time.
45.36 	The period of time for which a supervised release may be
46.1 	revoked may not exceed the period of time remaining in the
46.2 	inmate's sentence, except that if a sex offender is sentenced
46.3 	and conditionally released under section 609.108, subdivision
46.4 	5 609.3455, the period of time for which conditional release may
46.5 	be revoked may not exceed the balance of the conditional release
46.6 	term.
46.7 	
EFFECTIVE DATE. This section is effective August 1, 2005,
46.8 	and applies to crimes committed on or after that date.

46.9 	Sec. 5. Minnesota Statutes 2004, section 244.05,
46.10 	subdivision 4, is amended to read:
46.11 		Subd. 4.Minimum imprisonment, life sentence.  An inmate
46.12 	serving a mandatory life sentence under section 609.106 must not
46.13 	be given supervised release under this section.  An inmate
46.14 	serving a mandatory life sentence under section 609.185, clause
46.15 	(1), (3), (5), or (6); or 609.109, subdivision 2a, must not be
46.16 	given supervised release under this section without having
46.17 	served a minimum term of 30 years.  An inmate serving a
46.18 	mandatory life sentence under section 609.385 must not be given
46.19 	supervised release under this section without having served a
46.20 	minimum term of imprisonment of 17 years.
46.21 	
EFFECTIVE DATE. This section is effective August 1, 2005,
46.22 	and applies to crimes committed on or after that date.

46.23 	Sec. 6. Minnesota Statutes 2004, section 244.05,
46.24 	subdivision 6, is amended to read:
46.25 		Subd. 6.Intensive supervised release.  The commissioner
46.26 	may order that an inmate be placed on intensive supervised
46.27 	release for all or part of the inmate's supervised release or
46.28 	parole term if the commissioner determines that the action will
46.29 	further the goals described in section 244.14, subdivision 1,
46.30 	clauses (2), (3), and (4).  In addition, the commissioner may
46.31 	order that an inmate be placed on intensive supervised release
46.32 	for all of the inmate's conditional or supervised release term
46.33 	if the inmate was convicted of a sex offense under sections
46.34 	609.342 to 609.345 or was sentenced under the provisions of
46.35 	section 609.108609.3453.  The commissioner may impose
46.36 	appropriate conditions of release on the inmate including but
47.1 	not limited to unannounced searches of the inmate's person,
47.2 	vehicle, or premises by an intensive supervision agent;
47.3 	compliance with court-ordered restitution, if any; random drug
47.4 	testing; house arrest; daily curfews; frequent face-to-face
47.5 	contacts with an assigned intensive supervision agent; work,
47.6 	education, or treatment requirements; and electronic
47.7 	surveillance.  In addition, any sex offender placed on intensive
47.8 	supervised release may be ordered to participate in an
47.9 	appropriate sex offender program as a condition of release.  If
47.10 	the inmate violates the conditions of the intensive supervised
47.11 	release, the commissioner shall impose sanctions as provided in
47.12 	subdivision 3 and section 609.108 244.0514.
47.13 	
EFFECTIVE DATE. This section is effective August 1, 2005,
47.14 	and applies to crimes committed on or after that date.

47.15 	Sec. 7. Minnesota Statutes 2004, section 244.05,
47.16 	subdivision 7, is amended to read:
47.17 		Subd. 7.Sex offenders; civil commitment determination.
 47.18 	(a) Before the commissioner releases from prison any inmate who
47.19 	has ever been convicted of a felony under sections section 
47.20 	609.342 to , 609.343, 609.344,609.345, or 609.3453or sentenced
47.21 	as a patterned offender under section 609.108, and determined by
47.22 	the commissioner to be in a high risk category, the commissioner
47.23 	shall make a preliminary determination whether, in the
47.24 	commissioner's opinion, a petition under section 253B.185 may be
47.25 	appropriate.
47.26 	(b) In making this decision, the commissioner shall have
47.27 	access to the following data only for the purposes of the
47.28 	assessment and referral decision:
47.29 	(1) private medical data under section 13.384 or 144.335,
47.30 	or welfare data under section 13.46 that relate to medical
47.31 	treatment of the offender;
47.32 	(2) private and confidential court services data under
47.33 	section 13.84;
47.34 	(3) private and confidential corrections data under section
47.35 	13.85; and
47.36 	(4) private criminal history data under section 13.87.
48.1 	(c) If the commissioner determines that a petition may be
48.2 	appropriate, the commissioner shall forward this determination,
48.3 	along with a summary of the reasons for the determination, to
48.4 	the county attorney in the county where the inmate was convicted
48.5 	no later than 12 months before the inmate's release date.  If
48.6 	the inmate is received for incarceration with fewer than 12
48.7 	months remaining in the inmate's term of imprisonment, or if the
48.8 	commissioner receives additional information less than 12 months
48.9 	before release which makes the inmate's case appropriate for
48.10 	referral, the commissioner shall forward the determination as
48.11 	soon as is practicable.  Upon receiving the commissioner's
48.12 	preliminary determination, the county attorney shall proceed in
48.13 	the manner provided in section 253B.185.  The commissioner shall
48.14 	release to the county attorney all requested documentation
48.15 	maintained by the department.
48.16 	(d) This subdivision does not apply to an inmate sentenced
48.17 	to a mandatory life sentence under section 609.3455 after August
48.18 	1, 2005.
48.19 	
EFFECTIVE DATE. This section is effective August 1, 2005,
48.20 	and applies to crimes committed on or after that date.

48.21 	Sec. 8. Minnesota Statutes 2004, section 244.195,
48.22 	subdivision 1, is amended to read:
48.23 		Subdivision 1.Definitions.  (a) As used in this
48.24 	subdivision, the following terms have the meanings given them.
48.25 	(b) "Commissioner" means the commissioner of corrections.
48.26 	(c) "Conditional release" means parole, supervised release,
48.27 	conditional release as authorized by section 609.108,
48.28 	subdivision 6, or 609.109, subdivision 7609.3459, work release
48.29 	as authorized by sections 241.26, 244.065, and 631.425,
48.30 	probation, furlough, and any other authorized temporary release
48.31 	from a correctional facility.
48.32 	(d) "Court services director" means the director or
48.33 	designee of a county probation agency that is not organized
48.34 	under chapter 401.
48.35 	(e) "Detain" means to take into actual custody, including
48.36 	custody within a local correctional facility.
49.1 	(f) "Local correctional facility" has the meaning given in
49.2 	section 241.021, subdivision 1.
49.3 	(g) "Release" means to release from actual custody.
49.4 	
EFFECTIVE DATE. This section is effective August 1, 2005,
49.5 	and applies to crimes committed on or after that date.

49.6 	Sec. 9. Minnesota Statutes 2004, section 253B.185,
49.7 	subdivision 2, is amended to read:
49.8 		Subd. 2.Transfer to correctional facility.  (a) If a
49.9 	person has been committed under this section and later is
49.10 	committed to the custody of the commissioner of corrections for
49.11 	any reason, including but not limited to, being sentenced for a
49.12 	crime or revocation of the person's supervised release or
49.13 	conditional release under section 244.05, 609.108, subdivision
49.14 	6, or 609.109, subdivision 7or 609.3459, the person shall be
49.15 	transferred to a facility designated by the commissioner of
49.16 	corrections without regard to the procedures provided in section
49.17 	253B.18.
49.18 	(b) If a person is committed under this section after a
49.19 	commitment to the commissioner of corrections, the person shall
49.20 	first serve the sentence in a facility designated by the
49.21 	commissioner of corrections.  After the person has served the
49.22 	sentence, the person shall be transferred to a treatment program
49.23 	designated by the commissioner of human services.
49.24 	
EFFECTIVE DATE. This section is effective August 1, 2005,
49.25 	and applies to crimes committed on or after that date.

49.26 	Sec. 10. Minnesota Statutes 2004, section 401.01,
49.27 	subdivision 2, is amended to read:
49.28 		Subd. 2.Definitions.  (a) For the purposes of sections
49.29 	401.01 to 401.16, the following terms have the meanings given
49.30 	them.
49.31 	(b) "CCA county" means a county that participates in the
49.32 	Community Corrections Act.
49.33 	(c) "Commissioner" means the commissioner of corrections or
49.34 	a designee.
49.35 	(d) "Conditional release" means parole, supervised release,
49.36 	conditional release as authorized by section 609.108,
50.1 	subdivision 6, or 609.109, subdivision 7609.3459, work release
50.2 	as authorized by sections 241.26, 244.065, and 631.425,
50.3 	probation, furlough, and any other authorized temporary release
50.4 	from a correctional facility.
50.5 	(e) "County probation officer" means a probation officer
50.6 	appointed under section 244.19.
50.7 	(f) "Detain" means to take into actual custody, including
50.8 	custody within a local correctional facility.
50.9 	(g) "Joint board" means the board provided in section
50.10 	471.59.
50.11 	(h) "Local correctional facility" has the meaning given in
50.12 	section 241.021, subdivision 1.
50.13 	(i) "Local correctional service" means those services
50.14 	authorized by and employees, officers, and agents appointed
50.15 	under section 244.19, subdivision 1.
50.16 	(j) "Release" means to release from actual custody.
50.17 	
EFFECTIVE DATE. This section is effective August 1, 2005,
50.18 	and applies to crimes committed on or after that date.

50.19 	Sec. 11. Minnesota Statutes 2004, section 609.117,
50.20 	subdivision 1, is amended to read:
50.21 		Subdivision 1.Upon sentencing.  The court shall order an
50.22 	offender to provide a biological specimen for the purpose of DNA
50.23 	analysis as defined in section 299C.155 when:
50.24 	(1) the court sentences a person charged with violating or
50.25 	attempting to violate any of the following, and the person is
50.26 	convicted of that offense or of any offense arising out of the
50.27 	same set of circumstances:
50.28 	(i) murder under section 609.185, 609.19, or 609.195;
50.29 	(ii) manslaughter under section 609.20 or 609.205;
50.30 	(iii) assault under section 609.221, 609.222, or 609.223;
50.31 	(iv) robbery under section 609.24 or aggravated robbery
50.32 	under section 609.245;
50.33 	(v) kidnapping under section 609.25;
50.34 	(vi) false imprisonment under section 609.255;
50.35 	(vii) criminal sexual conduct under section 609.342,
50.36 	609.343, 609.344, 609.345, or 609.3451, subdivision 3, or
51.1 	609.3453;
51.2 	(viii) incest under section 609.365;
51.3 	(ix) burglary under section 609.582, subdivision 1; or
51.4 	(x) indecent exposure under section 617.23, subdivision 3;
51.5 	(2) the court sentences a person as a patterned sex
51.6 	offender under section 609.108; or 
51.7 	(3) the juvenile court adjudicates a person a delinquent
51.8 	child who is the subject of a delinquency petition for violating
51.9 	or attempting to violate any of the following, and the
51.10 	delinquency adjudication is based on a violation of one of those
51.11 	sections or of any offense arising out of the same set of
51.12 	circumstances:
51.13 	(i) murder under section 609.185, 609.19, or 609.195;
51.14 	(ii) manslaughter under section 609.20 or 609.205;
51.15 	(iii) assault under section 609.221, 609.222, or 609.223;
51.16 	(iv) robbery under section 609.24 or aggravated robbery
51.17 	under section 609.245;
51.18 	(v) kidnapping under section 609.25;
51.19 	(vi) false imprisonment under section 609.255;
51.20 	(vii) criminal sexual conduct under section 609.342,
51.21 	609.343, 609.344, 609.345, or 609.3451, subdivision 3;
51.22 	(viii) incest under section 609.365;
51.23 	(ix) burglary under section 609.582, subdivision 1; or
51.24 	(x) indecent exposure under section 617.23, subdivision 3.
51.25 	The biological specimen or the results of the analysis shall be
51.26 	maintained by the Bureau of Criminal Apprehension as provided in
51.27 	section 299C.155.
51.28 	
EFFECTIVE DATE. This section is effective August 1, 2005,
51.29 	and applies to crimes committed on or after that date.

51.30 	Sec. 12. Minnesota Statutes 2004, section 609.117,
51.31 	subdivision 2, is amended to read:
51.32 		Subd. 2.Before release.  The commissioner of corrections
51.33 	or local corrections authority shall order a person to provide a
51.34 	biological specimen for the purpose of DNA analysis before
51.35 	completion of the person's term of imprisonment when the person
51.36 	has not provided a biological specimen for the purpose of DNA
52.1 	analysis and the person:
52.2 	(1) is currently serving a term of imprisonment for or has
52.3 	a past conviction for violating or attempting to violate any of
52.4 	the following or a similar law of another state or the United
52.5 	States or initially charged with violating one of the following
52.6 	sections or a similar law of another state or the United States
52.7 	and convicted of another offense arising out of the same set of
52.8 	circumstances:
52.9 	(i) murder under section 609.185, 609.19, or 609.195;
52.10 	(ii) manslaughter under section 609.20 or 609.205;
52.11 	(iii) assault under section 609.221, 609.222, or 609.223;
52.12 	(iv) robbery under section 609.24 or aggravated robbery
52.13 	under section 609.245;
52.14 	(v) kidnapping under section 609.25;
52.15 	(vi) false imprisonment under section 609.255;
52.16 	(vii) criminal sexual conduct under section 609.342,
52.17 	609.343, 609.344, 609.345, or 609.3451, subdivision 3;
52.18 	(viii) incest under section 609.365;
52.19 	(ix) burglary under section 609.582, subdivision 1; or
52.20 	(x) indecent exposure under section 617.23, subdivision 3;
52.21 	or
52.22 	(2) was sentenced as a patterned sex offender under section
52.23 	609.108, and committed to the custody of the commissioner of
52.24 	corrections; or 
52.25 	(3) is serving a term of imprisonment in this state under a
52.26 	reciprocal agreement although convicted in another state of an
52.27 	offense described in this subdivision or a similar law of the
52.28 	United States or any other state.  The commissioner of
52.29 	corrections or local corrections authority shall forward the
52.30 	sample to the Bureau of Criminal Apprehension.
52.31 	
EFFECTIVE DATE. This section is effective August 1, 2005,
52.32 	and applies to crimes committed on or after that date.

52.33 	Sec. 13. Minnesota Statutes 2004, section 609.1351, is
52.34 	amended to read:
52.35 	609.1351 PETITION FOR CIVIL COMMITMENT.
52.36 	When a court sentences a person under section 609.108,
53.1 	609.342, 609.343, 609.344, or 609.345, or 609.3453,the court
53.2 	shall make a preliminary determination whether in the court's
53.3 	opinion a petition under section 253B.185 may be appropriate and
53.4 	include the determination as part of the sentencing order.  If
53.5 	the court determines that a petition may be appropriate, the
53.6 	court shall forward its preliminary determination along with
53.7 	supporting documentation to the county attorney.

53.8 	EFFECTIVE DATE. This section is effective August 1, 2005,
53.9 	and applies to crimes committed on or after that date.

53.10 	Sec. 14. Minnesota Statutes 2004, section 609.347, is
53.11 	amended to read:
53.12 	609.347 EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.
53.13 		Subdivision 1.Victim testimony; corroboration
53.14 	unnecessary. In a prosecution under sections 609.109 or 609.342
53.15 	to 609.3451, or 609.3453, the testimony of a victim need not be
53.16 	corroborated.
53.17 		Subd. 2.Showing of resistance unnecessary. In a
53.18 	prosecution under sections 609.109 or 609.342 to 609.3451, or
53.19 	609.3453, there is no need to show that the victim resisted the
53.20 	accused.
53.21 		Subd. 3.Previous sexual conduct. In a prosecution under
53.22 	sections 609.109, 609.342 to 609.3451, 609.3453,or 609.365,
53.23 	evidence of the victim's previous sexual conduct shall not be
53.24 	admitted nor shall any reference to such conduct be made in the
53.25 	presence of the jury, except by court order under the procedure
53.26 	provided in subdivision 4.  The evidence can be admitted only if
53.27 	the probative value of the evidence is not substantially
53.28 	outweighed by its inflammatory or prejudicial nature and only in
53.29 	the circumstances set out in paragraphs (a) and (b).  For the
53.30 	evidence to be admissible under paragraph (a), subsection (i),
53.31 	the judge must find by a preponderance of the evidence that the
53.32 	facts set out in the accused's offer of proof are true.  For the
53.33 	evidence to be admissible under paragraph (a), subsection (ii)
53.34 	or paragraph (b), the judge must find that the evidence is
53.35 	sufficient to support a finding that the facts set out in the
53.36 	accused's offer of proof are true, as provided under Rule 901 of
54.1 	the Rules of Evidence.
54.2 	(a) When consent of the victim is a defense in the case,
54.3 	the following evidence is admissible:
54.4 	(i) evidence of the victim's previous sexual conduct
54.5 	tending to establish a common scheme or plan of similar sexual
54.6 	conduct under circumstances similar to the case at issue.  In
54.7 	order to find a common scheme or plan, the judge must find that
54.8 	the victim made prior allegations of sexual assault which were
54.9 	fabricated; and
54.10 	(ii) evidence of the victim's previous sexual conduct with
54.11 	the accused.
54.12 	(b) When the prosecution's case includes evidence of semen,
54.13 	pregnancy, or disease at the time of the incident or, in the
54.14 	case of pregnancy, between the time of the incident and trial,
54.15 	evidence of specific instances of the victim's previous sexual
54.16 	conduct is admissible solely to show the source of the semen,
54.17 	pregnancy, or disease.
54.18 		Subd. 4.Accused offer of evidence. The accused may not
54.19 	offer evidence described in subdivision 3 except pursuant to the
54.20 	following procedure:
54.21 	(a) A motion shall be made by the accused at least three
54.22 	business days prior to trial, unless later for good cause shown,
54.23 	setting out with particularity the offer of proof of the
54.24 	evidence that the accused intends to offer, relative to the
54.25 	previous sexual conduct of the victim;
54.26 	(b) If the court deems the offer of proof sufficient, the
54.27 	court shall order a hearing out of the presence of the jury, if
54.28 	any, and in such hearing shall allow the accused to make a full
54.29 	presentation of the offer of proof;
54.30 	(c) At the conclusion of the hearing, if the court finds
54.31 	that the evidence proposed to be offered by the accused
54.32 	regarding the previous sexual conduct of the victim is
54.33 	admissible under subdivision 3 and that its probative value is
54.34 	not substantially outweighed by its inflammatory or prejudicial
54.35 	nature, the court shall make an order stating the extent to
54.36 	which evidence is admissible.  The accused may then offer
55.1 	evidence pursuant to the order of the court;
55.2 	(d) If new information is discovered after the date of the
55.3 	hearing or during the course of trial, which may make evidence
55.4 	described in subdivision 3 admissible, the accused may make an
55.5 	offer of proof pursuant to clause (a) and the court shall order
55.6 	an in camera hearing to determine whether the proposed evidence
55.7 	is admissible by the standards herein.
55.8 		Subd. 5.Prohibiting instructing jury on certain points.
 55.9 	In a prosecution under sections 609.109 or 609.342 to
55.10 	609.3451, or 609.3453,the court shall not instruct the jury to
55.11 	the effect that:
55.12 	(a) It may be inferred that a victim who has previously
55.13 	consented to sexual intercourse with persons other than the
55.14 	accused would be therefore more likely to consent to sexual
55.15 	intercourse again; or
55.16 	(b) The victim's previous or subsequent sexual conduct in
55.17 	and of itself may be considered in determining the credibility
55.18 	of the victim; or
55.19 	(c) Criminal sexual conduct is a crime easily charged by a
55.20 	victim but very difficult to disprove by an accused because of
55.21 	the heinous nature of the crime; or
55.22 	(d) The jury should scrutinize the testimony of the victim
55.23 	any more closely than it should scrutinize the testimony of any
55.24 	witness in any felony prosecution.
55.25 		Subd. 6.Psychotherapy evidence. (a) In a prosecution
55.26 	under sections 609.109 or 609.342 to 609.3451, or 609.3453,
55.27 	involving a psychotherapist and patient, evidence of the
55.28 	patient's personal or medical history is not admissible except
55.29 	when:
55.30 	(1) the accused requests a hearing at least three business
55.31 	days prior to trial and makes an offer of proof of the relevancy
55.32 	of the history; and
55.33 	(2) the court finds that the history is relevant and that
55.34 	the probative value of the history outweighs its prejudicial
55.35 	value.
55.36 	(b) The court shall allow the admission only of specific
56.1 	information or examples of conduct of the victim that are
56.2 	determined by the court to be relevant.  The court's order shall
56.3 	detail the information or conduct that is admissible and no
56.4 	other evidence of the history may be introduced.
56.5 	(c) Violation of the terms of the order is grounds for
56.6 	mistrial but does not prevent the retrial of the accused.
56.7 		Subd. 7.Effect of statute on rules. Rule 412 of the
56.8 	Rules of Evidence is superseded to the extent of its conflict
56.9 	with this section.
56.10 	
EFFECTIVE DATE. This section is effective August 1, 2005,
56.11 	and applies to crimes committed on or after that date.

56.12 	Sec. 15. Minnesota Statutes 2004, section 609.3471, is
56.13 	amended to read:
56.14 	609.3471 RECORDS PERTAINING TO VICTIM IDENTITY
56.15 	CONFIDENTIAL.
56.16 	Notwithstanding any provision of law to the contrary, no
56.17 	data contained in records or reports relating to petitions,
56.18 	complaints, or indictments issued pursuant to section 609.342;
56.19 	609.343; 609.344; or 609.345; or 609.3453,which specifically
56.20 	identifies a victim who is a minor shall be accessible to the
56.21 	public, except by order of the court.  Nothing in this section
56.22 	authorizes denial of access to any other data contained in the
56.23 	records or reports, including the identity of the defendant.

56.24 	EFFECTIVE DATE. This section is effective August 1, 2005,
56.25 	and applies to crimes committed on or after that date.

56.26 	Sec. 16. Minnesota Statutes 2004, section 609.348, is
56.27 	amended to read:
56.28 	609.348 MEDICAL PURPOSES; EXCLUSION.
56.29 	Sections 609.109 and 609.342 to 609.3451and 609.3453do
56.30 	not apply to sexual penetration or sexual contact when done for
56.31 	a bona fide medical purpose.

56.32 	EFFECTIVE DATE. This section is effective August 1, 2005,
56.33 	and applies to crimes committed on or after that date.

56.34 	Sec. 17. Minnesota Statutes 2004, section 609.353, is
56.35 	amended to read:
56.36 	609.353 JURISDICTION.
57.1 	A violation or attempted violation of section 609.342,
57.2 	609.343, 609.344, 609.345, 609.3451, 609.3453,or 609.352 may be
57.3 	prosecuted in any jurisdiction in which the violation originates
57.4 	or terminates.

57.5 	EFFECTIVE DATE. This section is effective August 1, 2005,
57.6 	and applies to crimes committed on or after that date.

57.7 	Sec. 18. Minnesota Statutes 2004, section 631.045, is
57.8 	amended to read:
57.9 	631.045 EXCLUDING SPECTATORS FROM THE COURTROOM.
57.10 	At the trial of a complaint or indictment for a violation
57.11 	of sections 609.109, 609.341 to 609.3451, 609.3453,or 617.246,
57.12 	subdivision 2, when a minor under 18 years of age is the person
57.13 	upon, with, or against whom the crime is alleged to have been
57.14 	committed, the judge may exclude the public from the courtroom
57.15 	during the victim's testimony or during all or part of the
57.16 	remainder of the trial upon a showing that closure is necessary
57.17 	to protect a witness or ensure fairness in the trial.  The judge
57.18 	shall give the prosecutor, defendant and members of the public
57.19 	the opportunity to object to the closure before a closure order.
57.20 	The judge shall specify the reasons for closure in an order
57.21 	closing all or part of the trial.  Upon closure the judge shall
57.22 	only admit persons who have a direct interest in the case.

57.23 	EFFECTIVE DATE. This section is effective August 1, 2005,
57.24 	and applies to crimes committed on or after that date.

57.25 	Sec. 19. REVISOR INSTRUCTION.
 57.26 	The revisor of statutes shall renumber Minnesota Statutes,
57.27 	section 244.051, as Minnesota Statutes, section 244.0517, and
57.28 	correct cross-references.  The revisor of statutes also shall
57.29 	renumber Minnesota Statutes, section 609.3452, as Minnesota
57.30 	Statutes, section 609.3462, and correct cross-references.  In
57.31 	addition, the revisor shall delete the reference in Minnesota
57.32 	Statutes, section 13.871, subdivision 3, paragraph (d), to
57.33 	Minnesota Statutes, section 609.3452, and insert a reference to
57.34 	Minnesota Statutes, section 609.3462.  The revisor shall include
57.35 	a notation in Minnesota Statutes to inform readers of the
57.36 	statutes of the renumbering of sections 244.051 and 609.3462.

58.1 	EFFECTIVE DATE. This section is effective August 1, 2005.