Bill Text: MN SF415 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Repeat sex offenders presumptive executed sentence
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-02-21 - Referred to Judiciary and Public Safety [SF415 Detail]
Download: Minnesota-2011-SF415-Introduced.html
1.2relating to public safety; providing for a 36-month presumptive executed
1.3sentence for certain repeat sex offenders;amending Minnesota Statutes 2010,
1.4section 609.3455, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 609.3455, is amended by adding a
1.7subdivision to read:
1.8 Subd. 10. Presumptive executed sentence for repeat sex offenders. Except as
1.9provided in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to
1.10609.345 or 609.3453 with 15 years of a previous sex offense conviction, the court shall
1.11commit the defendant to the commissioner of corrections for not less than three years, nor
1.12more than the maximum sentence provided by law for the offense for which convicted,
1.13notwithstanding sections 242.19, 243.05, 609.11, 609.12, and 609.135. The court may
1.14stay the execution of the sentence imposed under this subdivision only if it finds that a
1.15professional assessment indicates the offender is accepted by and can respond to treatment
1.16at a long-term inpatient program exclusively treating sex offenders and approved by the
1.17commissioner of corrections. If the court stays the execution of a sentence, it shall include
1.18the following as conditions of probation:
1.19(1) incarceration in a local jail or workhouse; and
1.20(2) a requirement that the offender successfully complete the treatment program and
1.21aftercare as directed by the court.
1.22EFFECTIVE DATE.This section is effective August 1, 2011, and applies to all
1.23crimes committed on or after that date.
1.3sentence for certain repeat sex offenders;amending Minnesota Statutes 2010,
1.4section 609.3455, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 609.3455, is amended by adding a
1.7subdivision to read:
1.8 Subd. 10. Presumptive executed sentence for repeat sex offenders. Except as
1.9provided in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to
1.10609.345 or 609.3453 with 15 years of a previous sex offense conviction, the court shall
1.11commit the defendant to the commissioner of corrections for not less than three years, nor
1.12more than the maximum sentence provided by law for the offense for which convicted,
1.13notwithstanding sections 242.19, 243.05, 609.11, 609.12, and 609.135. The court may
1.14stay the execution of the sentence imposed under this subdivision only if it finds that a
1.15professional assessment indicates the offender is accepted by and can respond to treatment
1.16at a long-term inpatient program exclusively treating sex offenders and approved by the
1.17commissioner of corrections. If the court stays the execution of a sentence, it shall include
1.18the following as conditions of probation:
1.19(1) incarceration in a local jail or workhouse; and
1.20(2) a requirement that the offender successfully complete the treatment program and
1.21aftercare as directed by the court.
1.22EFFECTIVE DATE.This section is effective August 1, 2011, and applies to all
1.23crimes committed on or after that date.
