1.1Senator .................... moves to amend S.F. No. 2736 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 244.05, subdivision 4, is amended to read:
1.4    Subd. 4. Minimum imprisonment, life sentence and statutory maximum
1.5sentences. (a) An inmate serving a mandatory life sentence under section 609.106 or
1.6609.3455, subdivision 2 , must not be given supervised release under this section.
1.7(b) An inmate serving a mandatory life sentence under section 609.185, clause (3),
1.8(5), or (6); or Minnesota Statutes 2004, section 609.109, subdivision 3, must not be given
1.9supervised release under this section without having served a minimum term of 30 years.
1.10(c) An inmate serving a mandatory life sentence under section 609.385 must not
1.11be given supervised release under this section without having served a minimum term of
1.12imprisonment of 17 years.
1.13(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision
1.143 or 4, or a mandatory statutory maximum sentence under section 609.3455, subdivision
1.153b, must not be given supervised release under this section without having served the
1.16minimum term of imprisonment specified by the court in its sentence.
1.17EFFECTIVE DATE.This section is effective August 1, 2010, and applies to crimes
1.18committed on or after that date.

1.19    Sec. 2. Minnesota Statutes 2008, section 244.05, subdivision 5, is amended to read:
1.20    Subd. 5. Supervised release, life sentence and statutory maximum sentences.
1.21(a) The commissioner of corrections may, under rules promulgated by the commissioner,
1.22give supervised release to an inmate serving a mandatory life sentence under section
1.23609.185 , clause (3), (5), or (6); 609.3455, subdivision 3 or 4; 609.385; or Minnesota
1.24Statutes 2004, section 609.109, subdivision 3, after the inmate has served the minimum
1.25term of imprisonment specified in subdivision 4.
1.26(b) The commissioner shall give supervised release to an inmate serving a sentence
1.27under section 609.3455, subdivision 3, 3b, or 4, after the inmate has served the minimum
1.28term of imprisonment specified by the court in section 609.3455, subdivision 5, when
1.29directed to do so by the special review panel described in section 609.3455, subdivision 10.
1.30(c) The commissioner shall require the preparation of a community investigation
1.31report and shall consider the findings of the report when making a supervised release
1.32decision under this subdivision. The report shall reflect the sentiment of the various
1.33elements of the community toward the inmate, both at the time of the offense and at the
1.34present time. The report shall include the views of the sentencing judge, the prosecutor,
2.1any law enforcement personnel who may have been involved in the case, and any
2.2successors to these individuals who may have information relevant to the supervised
2.3release decision. The report shall also include the views of the victim and the victim's
2.4family unless the victim or the victim's family chooses not to participate.
2.5(c) (d) The commissioner shall make reasonable efforts to notify the victim, in
2.6advance, of the time and place of the inmate's supervised release review hearing. The
2.7victim has a right to submit an oral or written statement at the review hearing. The
2.8statement may summarize the harm suffered by the victim as a result of the crime and
2.9give the victim's recommendation on whether the inmate should be given supervised
2.10release at this time. The commissioner must consider the victim's statement when making
2.11the supervised release decision.
2.12(d) (e) When considering whether to direct the commissioner to give supervised
2.13release to an inmate serving a life sentence under section 609.3455, subdivision 3,
2.14paragraph (a), or 4, paragraph (a), the commissioner special review panel described in
2.15section 609.3455, subdivision 10, shall consider, at a minimum, the following: the risk
2.16the inmate poses to the community if released, the inmate's progress in treatment, the
2.17inmate's behavior while incarcerated, psychological or other diagnostic evaluations of
2.18the inmate, the inmate's criminal history, and any other relevant conduct of the inmate
2.19while incarcerated or before incarceration. The commissioner panel may not direct the
2.20commissioner to give supervised release to the inmate unless:
2.21(1) while in prison:
2.22(i) the inmate has successfully completed appropriate sex offender treatment;
2.23(ii) the inmate has been assessed for chemical dependency needs and, if appropriate,
2.24has successfully completed chemical dependency treatment; and
2.25(iii) the inmate has been assessed for mental health needs and, if appropriate, has
2.26successfully completed mental health treatment; and
2.27(2) a comprehensive individual release plan is in place for the inmate that ensures
2.28that, after release, the inmate will have suitable housing and receive appropriate aftercare
2.29and community-based treatment. The comprehensive plan also must include a postprison
2.30employment or education plan for the inmate.
2.31(e) (f) As used in this subdivision, "victim" means the individual who suffered
2.32harm as a result of the inmate's crime or, if the individual is deceased, the deceased's
2.33surviving spouse or next of kin.
2.34EFFECTIVE DATE.This section is effective August 1, 2010, and applies to crimes
2.35committed on or after that date.

3.1    Sec. 3. Minnesota Statutes 2008, section 609.3455, is amended to read:
3.2609.3455 DANGEROUS SEX OFFENDERS; LIFE AND STATUTORY
3.3MAXIMUM SENTENCES; SPECIAL REVIEW PANEL; CONDITIONAL
3.4RELEASE.
3.5    Subdivision 1. Definitions. (a) As used in this section, the following terms have
3.6the meanings given.
3.7(b) "Conviction" includes a conviction as an extended jurisdiction juvenile under
3.8section 260B.130 for a violation of, or an attempt to violate, section 609.342, 609.343,
3.9609.344 , or 609.3453, if the adult sentence has been executed.
3.10(c) "Extreme inhumane conditions" mean situations where, either before or after
3.11the sexual penetration or sexual contact, the offender knowingly causes or permits the
3.12complainant to be placed in a situation likely to cause the complainant severe ongoing
3.13mental, emotional, or psychological harm, or causes the complainant's death.
3.14(d) A "heinous element" includes:
3.15(1) the offender tortured the complainant;
3.16(2) the offender intentionally inflicted great bodily harm upon the complainant;
3.17(3) the offender intentionally mutilated the complainant;
3.18(4) the offender exposed the complainant to extreme inhumane conditions;
3.19(5) the offender was armed with a dangerous weapon or any article used or fashioned
3.20in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
3.21used or threatened to use the weapon or article to cause the complainant to submit;
3.22(6) the offense involved sexual penetration or sexual contact with more than one
3.23victim;
3.24(7) the offense involved more than one perpetrator engaging in sexual penetration or
3.25sexual contact with the complainant; or
3.26(8) the offender, without the complainant's consent, removed the complainant from
3.27one place to another and did not release the complainant in a safe place.
3.28(e) "Mutilation" means the intentional infliction of physical abuse designed to cause
3.29serious permanent disfigurement or permanent or protracted loss or impairment of the
3.30functions of any bodily member or organ, where the offender relishes the infliction of the
3.31abuse, evidencing debasement or perversion.
3.32(f) A conviction is considered a "previous sex offense conviction" if the offender was
3.33convicted and sentenced for a sex offense before the commission of the present offense.
3.34(g) A conviction is considered a "prior sex offense conviction" if the offender was
3.35convicted of committing a sex offense before the offender has been convicted of the
3.36present offense, regardless of whether the offender was convicted for the first offense
4.1before the commission of the present offense, and the convictions involved separate
4.2behavioral incidents.
4.3(h) "Sex offense" means any violation of, or attempt to violate, section 609.342,
4.4609.343 , 609.344, 609.345, 609.3451, 609.3453, or any similar statute of the United
4.5States, this state, or any other state.
4.6(i) "Special review panel" or "panel" means the special review panel described
4.7in subdivision 10.
4.8(i) (j) "Torture" means the intentional infliction of extreme mental anguish, or
4.9extreme psychological or physical abuse, when committed in an especially depraved
4.10manner.
4.11(j) (k) An offender has "two previous sex offense convictions" only if the offender
4.12was convicted and sentenced for a sex offense committed after the offender was earlier
4.13convicted and sentenced for a sex offense and both convictions preceded the commission
4.14of the present offense of conviction.
4.15    Subd. 2. Mandatory life sentence without release; egregious first-time and
4.16repeat offenders. (a) Notwithstanding the statutory maximum penalty otherwise
4.17applicable to the offense, the court shall sentence a person convicted under section
4.18609.342, subdivision 1 , paragraph (a), (c), (d), (e), (f), or (h); or 609.343, subdivision 1,
4.19paragraph (a), (c), (d), (e), (f), or (h), to life without the possibility of release if:
4.20(1) the fact finder determines that two or more heinous elements exist; or
4.21(2) the person has a previous sex offense conviction for a violation of section
4.22609.342 , 609.343, or 609.344, and the fact finder determines that a heinous element exists
4.23for the present offense.
4.24(b) A fact finder may not consider a heinous element if it is an element of the
4.25underlying specified violation of section 609.342 or 609.343. In addition, when
4.26determining whether two or more heinous elements exist, the fact finder may not use the
4.27same underlying facts to support a determination that more than one element exists.
4.28    Subd. 3. Mandatory life sentence for egregious first-time offenders. (a)
4.29Notwithstanding the statutory maximum penalty otherwise applicable to the offense,
4.30the court shall sentence a person to imprisonment for life if the person is convicted
4.31under section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h), or 609.343,
4.32subdivision 1 , paragraph (a), (c), (d), (e), (f), or (h); and the fact finder determines that a
4.33heinous element exists.
4.34(b) The fact finder may not consider a heinous element if it is an element of the
4.35underlying specified violation of section 609.342 or 609.343.
5.1(c) Notwithstanding the statutory maximum penalty otherwise applicable to the
5.2offense, the court shall sentence a person to imprisonment for life if the person is convicted
5.3under section 609.342, subdivision 1, paragraph (a), or 609.343, subdivision 1, paragraph
5.4(a), and the factfinder determines that:
5.5(1) circumstances existed at the time of the act that caused the complainant to have a
5.6reasonable fear of imminent great bodily harm to the complainant or another;
5.7(2) the actor was armed with a dangerous weapon or any article used or fashioned in
5.8a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
5.9used or threatened to use the weapon or article to cause the complainant to submit;
5.10(3) the actor caused personal injury to the complainant, and the actor used force or
5.11coercion to accomplish the act; or
5.12(4) the actor was aided or abetted by one or more accomplices within the meaning of
5.13section 609.05, and either of the following circumstances existed:
5.14(i) an accomplice used force or coercion to cause the complainant to submit; or
5.15(ii) an accomplice was armed with a dangerous weapon or any article used or
5.16fashioned in a manner to lead the complainant reasonably to believe it to be a dangerous
5.17weapon and used or threatened to use the weapon or article to cause the complainant
5.18to submit.
5.19    Subd. 3a. Mandatory sentence for certain engrained offenders. (a) A court shall
5.20commit a person to the commissioner of corrections for a period of time that is not less
5.21than double the presumptive sentence under the sentencing guidelines and not more than
5.22the statutory maximum, or if the statutory maximum is less than double the presumptive
5.23sentence, for a period of time that is equal to the statutory maximum, if:
5.24(1) the court is imposing an executed sentence on a person convicted of committing
5.25or attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, or
5.26609.3453 ;
5.27(2) the fact finder determines that the offender is a danger to public safety; and
5.28(3) the fact finder determines that the offender's criminal sexual behavior is so
5.29engrained that the risk of reoffending is great without intensive psychotherapeutic
5.30intervention or other long-term treatment or supervision extending beyond the presumptive
5.31term of imprisonment and supervised release.
5.32(b) The fact finder shall base its determination that the offender is a danger to public
5.33safety on any of the following factors:
5.34(1) the crime involved an aggravating factor that would justify a durational departure
5.35from the presumptive sentence under the sentencing guidelines;
6.1(2) the offender previously committed or attempted to commit a predatory crime
6.2or a violation of section 609.224 or 609.2242, including:
6.3(i) an offense committed as a juvenile that would have been a predatory crime or a
6.4violation of section 609.224 or 609.2242 if committed by an adult; or
6.5(ii) a violation or attempted violation of a similar law of any other state or the United
6.6States; or
6.7(3) the offender planned or prepared for the crime prior to its commission.
6.8(c) As used in this section, "predatory crime" has the meaning given in section
6.9609.341 , subdivision 22.
6.10    Subd. 3b. Mandatory statutory maximum sentence for certain particularly
6.11serious first-time offenders. The court shall sentence a person to imprisonment for
6.12the statutory maximum period applicable to the offense if the person is convicted under
6.13section 609.342, subdivision 1, paragraph (a), (c), (d), (e), or (f); 609.343, subdivision
6.141, paragraph (a), (c), (d), (e), or (f); 609.344, subdivision 1, paragraph (c); or 609.345,
6.15subdivision 1, paragraph (c).
6.16    Subd. 4. Mandatory life sentence; repeat offenders. (a) Notwithstanding the
6.17statutory maximum penalty otherwise applicable to the offense, the court shall sentence a
6.18person to imprisonment for life if the person is convicted of violating section 609.342,
6.19609.343 , 609.344, 609.345, or 609.3453 and:
6.20(1) the person has two previous sex offense convictions;
6.21(2) the person has a previous sex offense conviction and:
6.22(i) the fact finder determines that the present offense involved an aggravating factor
6.23that would provide grounds for an upward durational departure under the sentencing
6.24guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
6.25convictions;
6.26(ii) the person received an upward durational departure from the sentencing
6.27guidelines for the previous sex offense conviction; or
6.28(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
6.29609.108 , for the previous sex offense conviction; or
6.30(3) the person has two prior sex offense convictions, and the fact finder determines
6.31that the prior convictions and present offense involved at least three separate victims, and:
6.32(i) the fact finder determines that the present offense involved an aggravating factor
6.33that would provide grounds for an upward durational departure under the sentencing
6.34guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
6.35convictions;
7.1(ii) the person received an upward durational departure from the sentencing
7.2guidelines for one of the prior sex offense convictions; or
7.3(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
7.4609.108 , for one of the prior sex offense convictions.
7.5(b) Notwithstanding the statutory maximum penalty otherwise applicable to the
7.6offense, the court shall sentence a person to imprisonment for life if the person is convicted
7.7of violating section 609.342, subdivision 1, paragraph (a), (c), (d), (e), or (f); 609.343,
7.8subdivision 1, paragraph (a), (c), (d), (e), or (f); 609.344, subdivision 1, paragraph (c); or
7.9609.345, subdivision 1, paragraph (c), and the person has one or more pervious or prior
7.10sex offense convictions.
7.11(c) Notwithstanding paragraph (a), a court may not sentence a person to
7.12imprisonment for life for a violation of section 609.345, unless the person's previous or
7.13prior sex offense convictions that are being used as the basis for the sentence are for
7.14violations of section 609.342, 609.343, 609.344, or 609.3453, or any similar statute of the
7.15United States, this state, or any other state.
7.16    Subd. 5. Life Indeterminate sentences; minimum term of imprisonment. At the
7.17time of sentencing under subdivision 3, 3b, or 4, the court shall specify a minimum term of
7.18imprisonment, based on the sentencing guidelines or any applicable mandatory minimum
7.19sentence, that must be served before the offender may be considered for supervised release.
7.20    Subd. 6. Mandatory ten-year conditional release term. Notwithstanding the
7.21statutory maximum sentence otherwise applicable to the offense and unless a longer
7.22conditional release term is required in subdivision 7, when a court commits an offender
7.23to the custody of the commissioner of corrections for a violation of section 609.342,
7.24609.343 , 609.344, 609.345, or 609.3453, the court shall provide that, after the offender has
7.25completed the sentence imposed, the commissioner shall place the offender on conditional
7.26release for ten years, minus the time the offender served on supervised release.
7.27    Subd. 7. Mandatory lifetime conditional release term. (a) Notwithstanding the
7.28statutory maximum penalty applicable to the offense, when a court sentences an offender
7.29under subdivision 3, 3b, or 4, the court shall provide that, if the offender is released from
7.30prison, the commissioner of corrections shall place the offender on conditional release for
7.31the remainder of the offender's life.
7.32(b) Notwithstanding the statutory maximum sentence otherwise applicable to the
7.33offense, when the court commits an offender to the custody of the commissioner of
7.34corrections for a violation of section 609.342, 609.343, 609.344, 609.345, or 609.3453,
7.35and the offender has a previous or prior sex offense conviction, the court shall provide
8.1that, after the offender has completed the sentence imposed, the commissioner shall place
8.2the offender on conditional release for the remainder of the offender's life.
8.3(c) Notwithstanding paragraph (b), an offender may not be placed on lifetime
8.4conditional release for a violation of section 609.345, unless the offender's previous or
8.5prior sex offense conviction is for a violation of section 609.342, 609.343, 609.344, or
8.6609.3453 , or any similar statute of the United States, this state, or any other state.
8.7    Subd. 8. Terms of conditional release; applicable to all sex offenders. (a) The
8.8provisions of this subdivision relating to conditional release apply to all sex offenders
8.9sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, or
8.10609.3453 . Except as provided in this subdivision, conditional release of sex offenders is
8.11governed by provisions relating to supervised release. The commissioner of corrections
8.12may not dismiss an offender on conditional release from supervision until the offender's
8.13conditional release term expires.
8.14(b) The conditions of release may include successful completion of treatment and
8.15aftercare in a program approved by the commissioner, satisfaction of the release conditions
8.16specified in section 244.05, subdivision 6, and any other conditions the commissioner
8.17considers appropriate. The commissioner shall develop a plan to pay the cost of treatment
8.18of a person released under this subdivision. The plan may include co-payments from
8.19offenders, third-party payers, local agencies, or other funding sources as they are identified.
8.20This section does not require the commissioner to accept or retain an offender in a
8.21treatment program. Before the offender is placed on conditional release, the commissioner
8.22shall notify the sentencing court and the prosecutor in the jurisdiction where the offender
8.23was sentenced of the terms of the offender's conditional release. The commissioner also
8.24shall make reasonable efforts to notify the victim of the offender's crime of the terms of
8.25the offender's conditional release. If the offender fails to meet any condition of release, the
8.26commissioner may revoke the offender's conditional release and order that the offender
8.27serve all or a part of the remaining portion of the conditional release term in prison.
8.28    Subd. 9. Applicability. The provisions of this section do not affect the applicability
8.29of Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005,
8.30or the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.
8.31    Subd. 10. Special review panel. A special review panel is established and is
8.32governed by section 15.0575, except as otherwise provided in this subdivision. The
8.33panel consists of the commissioner of corrections or a designee and two members of the
8.34public. The term of the public members is four years. The governor shall appoint the
8.35public members with the advice and consent of the senate. Public members must be
8.36knowledgable of and have a demonstrated interest in criminal justice but need not be
9.1employed in the criminal justice field. The commissioner shall convene the panel's first
9.2meeting. The panel shall elect a chair from among its members. The panel shall meet
9.3at the call of the chair. The panel shall hear and consider all petitions for supervised
9.4release from imprisonment under subdivision 11 and determine whether to direct the
9.5commissioner of corrections to give supervised release to the petitioner.
9.6    Subd. 11. Petition for release; hearing. (a) A person who was sentenced under
9.7subdivision 3, 3b, or 4 and who has served the minimum term of imprisonment specified
9.8by the court under subdivision 5 may petition the special review panel for supervised
9.9release. The panel shall hold a hearing on each petition for release before making any
9.10determination. Within 45 days of the filing of the petition, the panel shall give written
9.11notice of the time and place of the hearing before the panel to all interested parties,
9.12including the petitioner, the petitioner's attorney if applicable, law enforcement and
9.13correctional personnel involved in the case, the sentencing court, the county attorney's
9.14office that prosecuted the case, and any victims of the crime who have indicated a desire
9.15to be notified. The hearing must be recorded and held on the record. The petitioner may
9.16present witnesses on the petitioner's behalf. The county attorney who prosecuted the case,
9.17the sentencing judge, law enforcement and correctional personnel involved in the case,
9.18the victim and the victim's family members, and any other interested party may submit
9.19a written or oral statement at the hearing addressing the appropriateness of the inmate's
9.20release.
9.21(b) If the panel votes to direct the commissioner to give supervised release to
9.22the petitioner, the commissioner shall do so no later than 14 days after the panel's
9.23determination.
9.24(c) If the panel rejects the inmate's petition for supervised release, it shall specify
9.25in writing the reasons for the rejection. The inmate may not petition for supervised
9.26release again until 18 months have elapsed since the rejection, unless the panel specifies a
9.27shorter time period.
9.28    Subd. 12. Criteria for release. (a) When considering whether to order the
9.29commissioner of corrections to give supervised release to an inmate serving a sentence
9.30under subdivision 3, paragraph (c); 3b; or 4, paragraph (b), the panel shall consider, at
9.31a minimum, the following: the risk the inmate poses to the community if released, the
9.32inmate's progress in treatment, the inmate's behavior while incarcerated, psychological
9.33or other diagnostic evaluations of the inmate, the inmate's criminal history, the ability of
9.34the inmate to readjust to open society, the testimony or statements of individuals with an
9.35interest in the case made at the hearing, and any other relevant conduct of the inmate
9.36while incarcerated or before incarceration.
10.1(b) It is presumed that an inmate serving a sentence under subdivision 3, paragraph
10.2(c); 3b; or 4, paragraph (b), who petitions for supervised release under subdivision 11
10.3will be ordered released by the panel. This presumption may be overcome by evidence
10.4demonstrating that the inmate poses a danger to the public and is not capable of making
10.5an acceptable adjustment to open society.
10.6(c) The panel shall make a decision on directing the supervised release of an
10.7inmate sentenced under section 609.3455, subdivision 3, paragraph (a); or subdivision 4,
10.8paragraph (a), as provided in section 244.05, subdivision 5.
10.9(d) The commissioner shall prepare a community investigation report as described in
10.10section 244.05, subdivision 5, paragraph (c), on an inmate who is petitioning for release
10.11under subdivision 11.
10.12    Subd. 13. Judicial review. An inmate sentenced under subdivision 3, paragraph (c);
10.133b; or 4, paragraph (b), who is denied supervised release by the special review panel may
10.14appeal the decision to the Court of Appeals. The Court of Appeals shall use a substantial
10.15evidence standard when reviewing the determination.
10.16    Subd. 14. Administrative support. The Department of Corrections shall provide
10.17office space and administrative support to the special review panel.
10.18    Subd. 15. Civil commitment precluded. A person sentenced under subdivision 3,
10.193b, or 4 is not subject to subsequent commitment under section 253B.185.
10.20EFFECTIVE DATE.This section is effective August 1, 2010, and applies to crimes
10.21committed on or after that date.

10.22    Sec. 4. SPECIAL REVIEW PANEL; TIME LINES FOR APPOINTMENTS.
10.23The commissioner of corrections shall notify the governor at least 12 months before
10.24the first inmate sentenced under Minnesota Statutes, section 609.3455, subdivision 3, 3b,
10.25or 4, reaches the end of the inmate's minimum term of imprisonment specified by the
10.26sentencing court under Minnesota Statutes, section 609.3455, subdivision 5. Within 120
10.27days of receiving this notice, the governor shall provide the names of the governor's two
10.28public member appointments to the special review panel to the senate."
10.29Delete the title and insert:
10.31relating to public safety; providing for indeterminate sentences and lifetime
10.32supervision for certain first-time and repeat sex offenders, establishing a special
10.33review panel to make release decisions regarding these offenders, and precluding
10.34the subsequent civil commitment of these offenders; amending Minnesota
10.35Statutes 2008, sections 244.05, subdivisions 4, 5; 609.3455."