Bill Text: MN HF790 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Conditional release terms clarified.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2013-05-24 - Secretary of State Chapter 96 [HF790 Detail]
Download: Minnesota-2013-HF790-Engrossed.html
1.2relating to public safety; clarifying when conditional release terms of certain
1.3offenders begin;amending Minnesota Statutes 2012, sections 243.166, subdivision 5a; 609.2231, subdivision 3a; 609.3455, subdivisions 6, 7, 8; 617.246, subdivision 7; 617.247, subdivision 9.1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 243.166, subdivision 5a, is amended to read:
1.8 Subd. 5a. Ten-year conditional release for violations committed by level III
1.9offenders. Notwithstanding the statutory maximum sentence otherwise applicable to the
1.10offense or any provision of the sentencing guidelines, when a court commits a person to
1.11the custody of the commissioner of corrections for violating subdivision 5 and, at the time
1.12of the violation, the person was assigned to risk level III under section244.052 , the court
1.13shall provide that after the person hascompleted the sentence imposed been released from
1.14prison, the commissioner shall place the person on conditional release for ten years. The
1.15terms of conditional release are governed by section609.3455, subdivision 8 .
1.16EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
1.17committed on or after that date.
1.18 Sec. 2. Minnesota Statutes 2012, section 609.2231, subdivision 3a, is amended to read:
1.19 Subd. 3a. Secure treatment facility personnel. (a) As used in this subdivision,
1.20"secure treatment facility" has the meaning given in section253B.02, subdivision 18a .
1.21(b) Whoever, while committed under section253B.185 or Minnesota Statutes
1.221992, section526.10 , commits either of the following acts against an employee or other
1.23individual who provides care or treatment at a secure treatment facility while the person is
2.1engaged in the performance of a duty imposed by law, policy, or rule is guilty of a felony
2.2and may be sentenced to imprisonment for not more than two years or to payment of
2.3a fine of not more than $4,000, or both:
2.4(1) assaults the person and inflicts demonstrable bodily harm; or
2.5(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the
2.6person.
2.7(c) The court shall commit a person convicted of violating paragraph (b) to the
2.8custody of the commissioner of corrections for not less than one year and one day. The
2.9court may not, on its own motion or the prosecutor's motion, sentence a person without
2.10regard to this paragraph. A person convicted and sentenced as required by this paragraph
2.11is not eligible for probation, parole, discharge, work release, or supervised release, until
2.12that person has served the full term of imprisonment as provided by law, notwithstanding
2.13the provisions of sections241.26 ,
242.19 ,
243.05 ,
244.04 ,
609.12 , and
609.135 .
2.14(d) Notwithstanding the statutory maximum sentence provided in paragraph (b),
2.15when a court sentences a person to the custody of the commissioner of corrections for a
2.16violation of paragraph (b), the court shall provide that after the person hascompleted the
2.17sentence imposed been released from prison, the commissioner shall place the person on
2.18conditional release for five years. The terms of conditional release are governed by sections
2.19244.05
and 609.3455, subdivision 6, 7, or 8; and Minnesota Statutes 2004, section
609.109 .
2.20EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
2.21committed on or after that date.
2.22 Sec. 3. Minnesota Statutes 2012, section 609.3455, subdivision 6, is amended to read:
2.23 Subd. 6. Mandatory ten-year conditional release term. Notwithstanding the
2.24statutory maximum sentence otherwise applicable to the offense and unless a longer
2.25conditional release term is required in subdivision 7, when a court commits an offender
2.26to the custody of the commissioner of corrections for a violation of section609.342 ,
2.27609.343
,
609.344 ,
609.345 , or
609.3453 , the court shall provide that, after the offender
2.28hascompleted the sentence imposed been released from prison, the commissioner shall
2.29place the offender on conditional release for ten years, minus the time the offender served
2.30on supervised release.
2.31EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
2.32committed on or after that date.
2.33 Sec. 4. Minnesota Statutes 2012, section 609.3455, subdivision 7, is amended to read:
3.1 Subd. 7. Mandatory lifetime conditional release term. (a) When a court sentences
3.2an offender under subdivision 3 or 4, the court shall provide that, if the offender is released
3.3from prison, the commissioner of corrections shall place the offender on conditional
3.4release for the remainder of the offender's life.
3.5(b) Notwithstanding the statutory maximum sentence otherwise applicable to the
3.6offense, when the court commits an offender to the custody of the commissioner of
3.7corrections for a violation of section609.342 ,
609.343 ,
609.344 ,
609.345 , or
609.3453 ,
3.8and the offender has a previous or prior sex offense conviction, the court shall provide
3.9that, after the offender hascompleted the sentence imposed been released from prison,
3.10the commissioner shall place the offender on conditional release for the remainder of
3.11the offender's life.
3.12(c) Notwithstanding paragraph (b), an offender may not be placed on lifetime
3.13conditional release for a violation of section609.345 , unless the offender's previous or
3.14prior sex offense conviction is for a violation of section609.342 ,
609.343 ,
609.344 , or
3.15609.3453
, or any similar statute of the United States, this state, or any other state.
3.16EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
3.17committed on or after that date.
3.18 Sec. 5. Minnesota Statutes 2012, section 609.3455, subdivision 8, is amended to read:
3.19 Subd. 8. Terms of conditional release; applicable to all sex offenders. (a) The
3.20provisions of this subdivision relating to conditional release apply to all sex offenders
3.21sentenced to prison for a violation of section609.342 ,
609.343 ,
609.344 ,
609.345 , or
3.22609.3453
. Except as provided in this subdivision, conditional release of sex offenders is
3.23governed by provisions relating to supervised release. The commissioner of corrections
3.24may not dismiss an offender on conditional release from supervision until the offender's
3.25conditional release term expires.
3.26(b) The conditions of release may include successful completion of treatment
3.27and aftercare in a program approved by the commissioner, satisfaction of the release
3.28conditions specified in section244.05, subdivision 6 , and any other conditions the
3.29commissioner considers appropriate. The commissioner shall develop a plan to pay the
3.30cost of treatment of a person released under this subdivision. The plan may include
3.31co-payments from offenders, third-party payers, local agencies, or other funding sources
3.32as they are identified. This section does not require the commissioner to accept or retain
3.33an offender in a treatment program. Before the offender is placed on conditional release,
3.34the commissioner shall notify the sentencing court and the prosecutor in the jurisdiction
3.35where the offender was sentenced of the terms of the offender's conditional release. The
4.1commissioner also shall make reasonable efforts to notify the victim of the offender's
4.2crime of the terms of the offender's conditional release.
4.3(c) If the offender fails to meet any condition of release, the commissioner may
4.4revoke the offender's conditional release and order that the offender serve all or a part of
4.5the remaining portion of the conditional release term in prison. An offender, while on
4.6supervised release, is not entitled to credit against the offender's conditional release term
4.7for time served in confinement for a violation of release.
4.8EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
4.9committed on or after that date.
4.10 Sec. 6. Minnesota Statutes 2012, section 617.246, subdivision 7, is amended to read:
4.11 Subd. 7. Conditional release term. Notwithstanding the statutory maximum
4.12sentence otherwise applicable to the offense or any provision of the sentencing guidelines,
4.13when a court commits a person to the custody of the commissioner of corrections for
4.14violating this section, the court shall provide that after the person hascompleted the
4.15sentence imposed been released from prison, the commissioner shall place the person
4.16on conditional release for five years, minus the time the offender served on supervised
4.17release. If the person has previously been convicted of a violation of this section, section
4.18609.342
,
609.343 ,
609.344 ,
609.345 ,
609.3451 ,
609.3453 , or
617.247 , or any similar
4.19statute of the United States, this state, or any state, the commissioner shall place the person
4.20on conditional release for ten years, minus the time the offender served on supervised
4.21release. The terms of conditional release are governed by section
609.3455 , subdivision 8.
4.22EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
4.23committed on or after that date.
4.24 Sec. 7. Minnesota Statutes 2012, section 617.247, subdivision 9, is amended to read:
4.25 Subd. 9. Conditional release term. Notwithstanding the statutory maximum
4.26sentence otherwise applicable to the offense or any provision of the sentencing guidelines,
4.27when a court commits a person to the custody of the commissioner of corrections for
4.28violating this section, the court shall provide that after the person hascompleted the
4.29sentence imposed been released from prison, the commissioner shall place the person
4.30on conditional release for five years, minus the time the offender served on supervised
4.31release. If the person has previously been convicted of a violation of this section, section
4.32609.342
,
609.343 ,
609.344 ,
609.345 ,
609.3451 ,
609.3453 , or
617.246 , or any similar
4.33statute of the United States, this state, or any state, the commissioner shall place the person
5.1on conditional release for ten years, minus the time the offender served on supervised
5.2release. The terms of conditional release are governed by section
609.3455 , subdivision 8.
5.3EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
5.4committed on or after that date.
1.3offenders begin;amending Minnesota Statutes 2012, sections 243.166, subdivision 5a; 609.2231, subdivision 3a; 609.3455, subdivisions 6, 7, 8; 617.246, subdivision 7; 617.247, subdivision 9.1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 243.166, subdivision 5a, is amended to read:
1.8 Subd. 5a. Ten-year conditional release for violations committed by level III
1.9offenders. Notwithstanding the statutory maximum sentence otherwise applicable to the
1.10offense or any provision of the sentencing guidelines, when a court commits a person to
1.11the custody of the commissioner of corrections for violating subdivision 5 and, at the time
1.12of the violation, the person was assigned to risk level III under section
1.13shall provide that after the person has
1.14prison, the commissioner shall place the person on conditional release for ten years. The
1.15terms of conditional release are governed by section
1.16EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
1.17committed on or after that date.
1.18 Sec. 2. Minnesota Statutes 2012, section 609.2231, subdivision 3a, is amended to read:
1.19 Subd. 3a. Secure treatment facility personnel. (a) As used in this subdivision,
1.20"secure treatment facility" has the meaning given in section
1.21(b) Whoever, while committed under section
1.221992, section
1.23individual who provides care or treatment at a secure treatment facility while the person is
2.1engaged in the performance of a duty imposed by law, policy, or rule is guilty of a felony
2.2and may be sentenced to imprisonment for not more than two years or to payment of
2.3a fine of not more than $4,000, or both:
2.4(1) assaults the person and inflicts demonstrable bodily harm; or
2.5(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the
2.6person.
2.7(c) The court shall commit a person convicted of violating paragraph (b) to the
2.8custody of the commissioner of corrections for not less than one year and one day. The
2.9court may not, on its own motion or the prosecutor's motion, sentence a person without
2.10regard to this paragraph. A person convicted and sentenced as required by this paragraph
2.11is not eligible for probation, parole, discharge, work release, or supervised release, until
2.12that person has served the full term of imprisonment as provided by law, notwithstanding
2.13the provisions of sections
2.14(d) Notwithstanding the statutory maximum sentence provided in paragraph (b),
2.15when a court sentences a person to the custody of the commissioner of corrections for a
2.16violation of paragraph (b), the court shall provide that after the person has
2.17
2.18conditional release for five years. The terms of conditional release are governed by sections
2.20EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
2.21committed on or after that date.
2.22 Sec. 3. Minnesota Statutes 2012, section 609.3455, subdivision 6, is amended to read:
2.23 Subd. 6. Mandatory ten-year conditional release term. Notwithstanding the
2.24statutory maximum sentence otherwise applicable to the offense and unless a longer
2.25conditional release term is required in subdivision 7, when a court commits an offender
2.26to the custody of the commissioner of corrections for a violation of section
2.28has
2.29place the offender on conditional release for ten years
2.30
2.31EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
2.32committed on or after that date.
2.33 Sec. 4. Minnesota Statutes 2012, section 609.3455, subdivision 7, is amended to read:
3.1 Subd. 7. Mandatory lifetime conditional release term. (a) When a court sentences
3.2an offender under subdivision 3 or 4, the court shall provide that, if the offender is released
3.3from prison, the commissioner of corrections shall place the offender on conditional
3.4release for the remainder of the offender's life.
3.5(b) Notwithstanding the statutory maximum sentence otherwise applicable to the
3.6offense, when the court commits an offender to the custody of the commissioner of
3.7corrections for a violation of section
3.8and the offender has a previous or prior sex offense conviction, the court shall provide
3.9that, after the offender has
3.10the commissioner shall place the offender on conditional release for the remainder of
3.11the offender's life.
3.12(c) Notwithstanding paragraph (b), an offender may not be placed on lifetime
3.13conditional release for a violation of section
3.14prior sex offense conviction is for a violation of section
3.16EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
3.17committed on or after that date.
3.18 Sec. 5. Minnesota Statutes 2012, section 609.3455, subdivision 8, is amended to read:
3.19 Subd. 8. Terms of conditional release; applicable to all sex offenders. (a) The
3.20provisions of this subdivision relating to conditional release apply to all sex offenders
3.21sentenced to prison for a violation of section
3.23governed by provisions relating to supervised release. The commissioner of corrections
3.24may not dismiss an offender on conditional release from supervision until the offender's
3.25conditional release term expires.
3.26(b) The conditions of release may include successful completion of treatment
3.27and aftercare in a program approved by the commissioner, satisfaction of the release
3.28conditions specified in section
3.29commissioner considers appropriate. The commissioner shall develop a plan to pay the
3.30cost of treatment of a person released under this subdivision. The plan may include
3.31co-payments from offenders, third-party payers, local agencies, or other funding sources
3.32as they are identified. This section does not require the commissioner to accept or retain
3.33an offender in a treatment program. Before the offender is placed on conditional release,
3.34the commissioner shall notify the sentencing court and the prosecutor in the jurisdiction
3.35where the offender was sentenced of the terms of the offender's conditional release. The
4.1commissioner also shall make reasonable efforts to notify the victim of the offender's
4.2crime of the terms of the offender's conditional release.
4.3(c) If the offender fails to meet any condition of release, the commissioner may
4.4revoke the offender's conditional release and order that the offender serve all or a part of
4.5the remaining portion of the conditional release term in prison. An offender, while on
4.6supervised release, is not entitled to credit against the offender's conditional release term
4.7for time served in confinement for a violation of release.
4.8EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
4.9committed on or after that date.
4.10 Sec. 6. Minnesota Statutes 2012, section 617.246, subdivision 7, is amended to read:
4.11 Subd. 7. Conditional release term. Notwithstanding the statutory maximum
4.12sentence otherwise applicable to the offense or any provision of the sentencing guidelines,
4.13when a court commits a person to the custody of the commissioner of corrections for
4.14violating this section, the court shall provide that after the person has
4.15
4.16on conditional release for five years
4.17
4.19statute of the United States, this state, or any state, the commissioner shall place the person
4.20on conditional release for ten years
4.21
4.22EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
4.23committed on or after that date.
4.24 Sec. 7. Minnesota Statutes 2012, section 617.247, subdivision 9, is amended to read:
4.25 Subd. 9. Conditional release term. Notwithstanding the statutory maximum
4.26sentence otherwise applicable to the offense or any provision of the sentencing guidelines,
4.27when a court commits a person to the custody of the commissioner of corrections for
4.28violating this section, the court shall provide that after the person has
4.29
4.30on conditional release for five years
4.31
4.33statute of the United States, this state, or any state, the commissioner shall place the person
5.1on conditional release for ten years
5.2
5.3EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
5.4committed on or after that date.
