1.1                          A bill for an act 
  1.2             relating to crime prevention; providing for 
  1.3             indeterminate sentencing for certain convicted sex 
  1.4             offenders while prohibiting the civil commitment of 
  1.5             these offenders; amending Minnesota Statutes 2002, 
  1.6             section 253B.185, by adding a subdivision; proposing 
  1.7             coding for new law in Minnesota Statutes, chapter 609. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 253B.185, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 7.  [NONAPPLICABILITY TO CERTAIN OFFENDERS.] A person 
  1.12  who has engaged in conduct described in section 609.342, 
  1.13  609.343, 609.344, or 609.345 may not be committed under this 
  1.14  section as being a sexually dangerous person or as having a 
  1.15  sexual psychopathic personality.  In these instances, the person 
  1.16  may be prosecuted under section 609.1075.  
  1.17     Sec. 2.  [609.1075] [INDETERMINATE SENTENCE FOR CONVICTED 
  1.18  SEX OFFENDERS WITH A SEXUAL PSYCHOPATHIC PERSONALITY OR WHO ARE 
  1.19  SEXUALLY DANGEROUS PERSONS.] 
  1.20     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  1.21     (1) "sex offense" means a violation of section 609.342, 
  1.22  609.343, 609.344, or 609.345; 
  1.23     (2) "sexual psychopathic personality" has the meaning given 
  1.24  in section 253B.02, subdivision 18b; and 
  1.25     (3) "sexually dangerous person" has the meaning given in 
  1.26  section 253B.02, subdivision 18c.  
  2.1      Subd. 2.  [APPLICABILITY.] If the prosecuting attorney 
  2.2   believes that probable cause exists that a person has committed 
  2.3   a sex offense, and has a sexual psychopathic personality or is a 
  2.4   sexually dangerous person, and the attorney decides to charge 
  2.5   the person with a sex offense, the complaint or indictment must 
  2.6   include a charge under this section.  
  2.7      Subd. 3.  [DETERMINATION.] A person described in 
  2.8   subdivision 2 is entitled to a bifurcated trial.  The first 
  2.9   phase shall determine the person's guilt on the sex offense 
  2.10  charge.  If the person is convicted, the second phase shall 
  2.11  determine whether the person has a sexual psychopathic 
  2.12  personality or is a sexually dangerous person.  The burden of 
  2.13  proof is on the state in both phases and the standard is beyond 
  2.14  a reasonable doubt.  A person has the same rights in the second 
  2.15  phase of the trial as the first, including the right to call and 
  2.16  cross-examine witnesses and the right to counsel.  
  2.17     Subd. 4.  [INDETERMINATE SENTENCE; MINIMUM AND MAXIMUM TERM 
  2.18  SPECIFIED.] (a) If a person described in subdivision 2 has been 
  2.19  convicted of a sex offense and has been found by the fact finder 
  2.20  to have a sexual psychopathic personality or to be a sexually 
  2.21  dangerous person, the court shall commit the person to the 
  2.22  custody of the commissioner of corrections, with the minimum and 
  2.23  maximum terms as provided in paragraph (b).  
  2.24     (b) The minimum sentence of incarceration for offenders 
  2.25  sentenced under paragraph (a) shall be the presumptive sentence 
  2.26  under the sentencing guidelines for a person with the 
  2.27  defendant's criminal history.  If the presumptive sentence under 
  2.28  the guidelines is a stayed one, the court shall specify an 
  2.29  appropriate minimum sentence.  Notwithstanding any other law to 
  2.30  the contrary, and notwithstanding the statutory maximum sentence 
  2.31  for the offense, the maximum sentence is 60 years.  
  2.32     (c) In addition to the requirements of paragraphs (a) and 
  2.33  (b), the court shall order that a conditional release term be 
  2.34  served under subdivision 9 upon the person's release from 
  2.35  incarceration.  The duration of the term shall be determined by 
  2.36  subdivision 9.  
  3.1      (d) Notwithstanding section 609.135, the court may not stay 
  3.2   the imposition or execution of the sentence required by this 
  3.3   subdivision.  An offender committed to the custody of the 
  3.4   commissioner of corrections under this section may not be 
  3.5   released from incarceration except as provided in this section 
  3.6   and section 244.05, subdivision 8.  
  3.7      Subd. 5.  [SENTENCE FOR PERSONS NOT FOUND TO HAVE SEXUAL 
  3.8   PSYCHOPATHIC PERSONALITIES OR TO BE SEXUALLY DANGEROUS PERSONS.] 
  3.9   If the person is convicted of the sex offense but is not 
  3.10  determined to have a sexual psychopathic personality or to be a 
  3.11  sexually dangerous person, the court shall sentence the offender 
  3.12  as otherwise provided by law.  
  3.13     Subd. 6.  [SPECIAL REVIEW BOARD.] A special review board is 
  3.14  established and is governed by section 15.0575, except as 
  3.15  otherwise provided in this subdivision.  The board consists of 
  3.16  the commissioners of corrections, public safety, and human 
  3.17  services, or their designees, and two members of the public 
  3.18  appointed to four-year terms by the governor.  The commissioner 
  3.19  of corrections or the commissioner's designee shall serve as the 
  3.20  board's chair.  The board shall meet at the call of the chair.  
  3.21  The board shall hear and consider all petitions for release from 
  3.22  incarceration under subdivision 7 and determine whether to 
  3.23  release the petitioner.  
  3.24     Subd. 7.  [PETITION FOR RELEASE; HEARING.] (a) A person who 
  3.25  has served the minimum period of incarceration to which the 
  3.26  person was sentenced may petition the commissioner of 
  3.27  corrections for release.  The special review board shall hold a 
  3.28  hearing on each petition for release prior to making any 
  3.29  determination.  Within 45 days of the filing of the petition, 
  3.30  the commissioner shall give written notice of the time and place 
  3.31  of the hearing before the special review board to all interested 
  3.32  parties, including the petitioner, the sentencing court, the 
  3.33  county attorney's office that prosecuted the case, and any 
  3.34  victims of the crime who have indicated a desire to be 
  3.35  notified.  The hearing must be held on the record.  Upon the 
  3.36  approval of the board, the petitioner may subpoena witnesses to 
  4.1   appear at the hearing.  
  4.2      (b) If the board votes to release the person from 
  4.3   incarceration, the commissioner shall release the person no 
  4.4   later than 14 days after the board's determination.  
  4.5      (c) If the board rejects the person's petition for release, 
  4.6   it must specify in writing the reasons for the rejection.  The 
  4.7   person may not petition for release again until 24 months have 
  4.8   elapsed since the rejection, unless the board specifies a 
  4.9   shorter time period.  
  4.10     Subd. 8.  [CRITERIA FOR RELEASE.] (a) A person sentenced 
  4.11  under this section shall not be released from incarceration 
  4.12  unless it appears to the satisfaction of at least three of the 
  4.13  five members of the special review board that the person: 
  4.14     (1) is no longer dangerous to the public; 
  4.15     (2) is no longer in need of programming or supervision; 
  4.16     (3) no longer has a sexual psychopathic personality or is a 
  4.17  sexually dangerous person; and 
  4.18     (4) is capable of making an acceptable adjustment to open 
  4.19  society.  
  4.20     (b) The person seeking release has the burden of showing, 
  4.21  by clear and convincing evidence, that the criteria in paragraph 
  4.22  (a) have been met.  
  4.23     Subd. 9.  [CONDITIONAL RELEASE.] (a) The court shall order 
  4.24  that a person sentenced under this section shall serve, upon 
  4.25  release from incarceration, a conditional release term.  The 
  4.26  term shall be the 60-year maximum term under this section less 
  4.27  the amount of time actually served.  However, in no event may 
  4.28  the term be less than ten years.  
  4.29     (b) Upon a person's release from incarceration, the court 
  4.30  shall hold a hearing to set the conditions of release under this 
  4.31  subdivision.  When ordering conditions, the court shall consider 
  4.32  the recommendations of the commissioner of corrections, the 
  4.33  special review board, and the person's conditional release agent 
  4.34  or probation officer.  
  4.35     (c) The county attorney in the county where the conviction 
  4.36  occurred, the person's conditional release agent or probation 
  5.1   officer, or any other interested party may petition the court 
  5.2   regarding the person's failure to meet any condition of 
  5.3   release.  If the court determines that a person has violated a 
  5.4   condition of release, the court may order an appropriate 
  5.5   sanction, including, but not limited to, incarcerating the 
  5.6   person for a period specified by the court in a local jail or 
  5.7   workhouse, or prison.  The period may be of any duration up to 
  5.8   the remainder of time left in the person's conditional release 
  5.9   term.  
  5.10     Sec. 3.  [EFFECTIVE DATE.] 
  5.11     Sections 1 and 2 are effective August 1, 2003, and apply to 
  5.12  crimes committed on or after that date.