Also review the Comparison of Sex Offender Sentencing Provisions of S.F. 1875 and S.F. 1325 and Brief Overview of the Sex Offender Provisions of S.F. Nos. 1875, 1325, and 1377.

S.F. No. 1325 is the Governor's sex offender bill. It provides for life sentences (including some life-without-release sentences) for certain egregious sex offenders, increases statutory maximum sentences for all sex offenses, directs the Minnesota Sentencing Guidelines Commission to modify the sentencing guidelines for sex offenses, and establishes the Minnesota Sex Offender Review Board to make release decisions regarding sex offenders sentenced to life sentences. The bill also modifies the predatory offender registration law, most significantly, by addressing homeless predatory offenders and by requiring offenders to disclose their status as registered offenders upon admittance to a health care facility; modifies the community notification law, most significantly, by addressing out-of-state offenders; requires victim notification when certain civilly committed persons are being provisionally discharged; expands the Department of Human Services' access to the predatory offender registry; and establishes an ongoing sex offender policy board to develop uniform supervision and professional standards.

Article 1 contains the bill's main sentencing provisions relating to sex offenders. It provides for a life without release sentence for certain egregious first- and second-degree criminal sexual conduct offenders. It provides for an indeterminate life sentence with a 20-year minimum term of imprisonment for violent first- and second-degree criminal sexual conduct offenders and for repeat sex offenders. It creates the new substantive crime of criminal sexual predatory conduct. It doubles the statutory maximum sentences for all criminal sexual conduct offenses and directs the Sentencing Guidelines Commission to make changes to the guidelines grid relating to sex offenses.

Section 1 provides that offenders serving life without release sentences under article 1, section 9 or 11, may not be given supervised release. Also provides that an offender serving an indeterminate life sentence under article 1, section 9, 11, 13, 15, or 17, may not be given supervised release without having served a minimum term of imprisonment of 20 years unless the sentencing court imposed a longer term of imprisonment, in which case the offender may not given supervised release without having served that term.

Section 2 requires the Commissioner of Corrections to submit the community investigation report required by law to the Minnesota Sex Offender Review Board (see article 2, section 3) to assist the board in making release decisions for inmates sentenced to indeterminate life sentences. Requires the Commissioner of Corrections to give supervised release to inmates serving indeterminate life sentences under article 1, section 9, 11, 13, 15, or 17, when directed to do so by the Sex Offender Review Board.

Sections 3 and 4 amends the patterned and predatory offender sentencing law.

Section 3 strikes the law's definition of "predatory crime." This definition is essentially recodified later in the article (see article 1, section 8).

Section 4 amends the requirement relating to an offender being a danger to public safety. Replaces the law's provision that the court make the dangerousness finding with the fact finder making it. This change is necessitated by the 2004 United States Supreme Court decision, Blakely v. Washington.

Section 5 amends the repeat sex offender sentencing law by adding cross-references to the new criminal sexual predatory conduct crime (see article 1, section 17).

Section 6 adds a definition of "sex offense" in the criminal sexual conduct laws. The definition includes first- through fifth-degree criminal sexual conduct, the new criminal sexual predatory conduct crime, solicitation of a child to engage in sexual conduct, indecent exposure, use of minors in sexual performances, possession/distribution of child pornography, and any similar statute of the United States or any other state. This definition is significant because it is the definition used in the indeterminate life sentencing provisions (see article 1, sections 9, 11, 13, 15, and 17) to determine whether an offender is a repeat offender and, thus, subject to an indeterminate life sentence.

Section 7 adds a definition of "subsequent sex offense" to the criminal sexual conduct laws. Defines the term to mean a violation of first- through fourth-degree criminal sexual conduct or the new criminal sexual predatory conduct crime for which the offender is convicted after the offender has already been convicted or adjudicated delinquent for:

• another felony-level sex offense;

• two nonfelony-level sex offenses; or

• any felony-level predatory crime that the fact finder determines was motivated by the offender's sexual impulses or was committed as part of a predatory pattern of behavior that had criminal sexual conduct as its goal.

Of note, the definition requires the offenses to involve separate behavioral incidents but does not require that the prior offense be a true prior. That is to say, that it does not require a sequencing of events whereby an offender commits and is convicted of an offense before the commission of the new offense.

Section 8 adds a definition of "predatory crime" to the criminal sexual conduct laws. This definition is essentially the same definition as that stricken in article 1, section 3. However, it does not include first- through fourth-degree criminal sexual conduct offenses because references to those sections are unnecessary under the changes made by this article.

Sections 9 and 10 amend the first-degree criminal sexual conduct crime.

Section 9 doubles the statutory maximum sentence from 30 to 60 years. Provides for an indeterminate life sentence if the offender was convicted: (1) of specified violent provisions (i.e., where the offender causes injury to the victim under certain circumstances, is armed with a dangerous weapon, creates reasonable fear on the part of the victim of imminent great bodily harm, is aided or abetted by one or more accomplices under certain circumstances, or has a family-type relationship with a victim younger than 16 under certain circumstances); or (2) of first-degree criminal sexual conduct (any provision) and the offense is considered a subsequent sex offense (see definitions in article 1, sections 6 and 7). The court must impose at least a 20-year minimum term of imprisonment on these offenders. Also provides for a life without release sentence for offenders who violate the provisions of first-degree criminal sexual conduct specified above where the fact finder determines that:

• the offender tortured the victim;

• the offender intentionally inflicted great bodily harm upon the victim;

• the offender, without the victim's consent, removed the victim from one place to another and did not release the victim in a safe place;

• the victim was aged 13 or younger at the time of the offense;

• the victim was aged 70 or older at the time of the offense;

• the offender was armed with a dangerous weapon and used or threatened to use it to cause the victim to submit;

• the offense involved sexual penetration/contact with more than one victim; or

• the offense involved more than one perpetrator engaging in sexual penetration/contact with the victim.

Provides that the fact finder may not consider a factor listed above if the factor is an element of the underlying first-degree criminal sexual conduct violation. Defines "torture."

Section 10 makes a conforming change relating to article 1, section 9.

Sections 11 and 12 amend the second-degree criminal sexual conduct crime.

Section 11 doubles the statutory maximum sentence from 25 to 50 years. Provides for an indeterminate life sentence if the offender was convicted: (1) of specified violent provisions (i.e., where the offender causes injury to the victim under certain circumstances, is armed with a dangerous weapon, creates reasonable fear on the part of the victim of imminent great bodily harm, is aided or abetted by one or more accomplices under certain circumstances, or has a family-type relationship with a victim younger than 16 under certain circumstances); or (2) of second-degree criminal sexual conduct (any provision) and the offense is considered a subsequent sex offense (see definitions in article 1, sections 6 and 7). The court must impose at least a 20-year minimum term of imprisonment on these offenders. Also provides for a life without release sentence for offenders who violate the provisions of second-degree criminal sexual conduct specified above where the fact finder determines that:

• the offender tortured the victim;

• the offender intentionally inflicted great bodily harm upon the victim;

• the offender, without the victim's consent, removed the victim from one place to another and did not release the victim in a safe place;

• the victim was aged 13 or younger at the time of the offense;

• the victim was aged 70 or older at the time of the offense;

• the offender was armed with a dangerous weapon and used or threatened to use it to cause the victim to submit;

• the offense involved sexual penetration/contact with more than one victim; or

• the offense involved more than one perpetrator engaging in sexual penetration/contact with the victim.

Provides that the fact finder may not consider a factor listed above if the factor is an element of the underlying second-degree criminal sexual conduct violation. Defines "torture."

Section 12 makes a conforming change related to article 1, section 11.

Sections 13 and 14 amend the third-degree criminal sexual conduct crime.

Section 13 doubles the statutory maximum sentence from 15 to 30 years. Requires that a person convicted of third-degree criminal sexual conduct where the crime is considered a subsequent sex offense (see definitions in article 1, sections 6 and 7) be sentenced to an indeterminate life sentence. Requires the sentencing court to specify a minimum term of imprisonment of at least 20 years.

Section 14 makes a conforming change related to article 1, section 13.

Sections 15 and 16 amend the fourth-degree criminal sexual conduct crime.

Section 15 doubles the statutory maximum sentence from 10 to 20 years. Requires that a person convicted of fourth-degree criminal sexual conduct where the crime is considered a subsequent sex offense (see definitions in article 1, sections 6 and 7) be sentenced to an indeterminate life sentence. Requires the sentencing court to specify a minimum term of imprisonment of at least 20 years.

Section 16 makes a conforming change related to article 1, section 15.

Section 17 creates the new crime of criminal sexual predatory conduct. An offender violates this law if the offender commits a predatory crime (see definition in article 1, section 8) that was motivated by the offender's sexual impulses or was committed as part of a predatory pattern of behavior that had criminal sexual conduct as its goal. Provides a statutory maximum sentence of 15 years imprisonment and/or a $20,000 fine. However, if the offense is considered a subsequent sex offense (see definitions in article 1, sections 6 and 7), the person must be sentenced to an indeterminate life sentence. Requires the sentencing court to specify a minimum term of imprisonment of at least 20 years.

Section 18 requires the Minnesota Sentencing Guidelines Commission to modify the sentencing guidelines to reflect the changes made in this article. Requires that the changes be based on the Commission's January 2005 proposal to the Legislature relating to sex offenders (as adapted to reflect the changes made in this article).

Section 19 repeals a provision of the patterned and predatory offender sentencing law related to an increased statutory maximum sentence that is no longer necessary because of the changes made by this article.

Article 2 establishes the Minnesota Sex Offender Review Board to make release decisions regarding sex offenders sentenced to indeterminate life sentences under article 1.

Section 1 adds a cross-reference in Minnesota Statutes, chapter 13 (Data Practices), to data classified under chapter 13 that is being made accessible to the Minnesota Sex Offender Review Board (see article 2, section 3).

Section 2 provides that the open meeting law does not apply to meetings of the Minnesota Sex Offender Review Board.

Section 3 establishes the Minnesota Sex Offender Review Board and provides that it is responsible for making release decisions relating to offenders serving indeterminate life sentences under article 1.

Section 4 directs the Commissioner of Corrections to establish criteria and procedures for the Minnesota Sex Offender Review Board. Requires the Commissioner to seek the input of criminal justice stakeholders in establishing the criteria and procedures for the board. Requires a report to the Legislature on the proposed composition, duties, procedures, and review criteria of the board.

Article 3 makes technical and conforming changes necessitated by article 1 of the bill.

Sections 1 to 13 make technical and conforming changes necessitated by article 1. Almost all of these changes involve adding cross-references to the new criminal sexual predatory conduct crime.

Section 14 directs the Revisor of Statutes to renumber the sex offender assessment statute so that it does not fall numerically between fifth-degree criminal sexual conduct and the new criminal sexual predatory conduct crime. Requires the Revisor to make other technical changes necessitated by this act.

Article 4 contains a variety of sex offender related initiatives.

Section 1 prohibits criminal history data classified as public from being reclassified as confidential medical data when included in a patient's health record.

Sections 2, 3, 10, and 11 require the Commissioner of Corrections to develop a plan to provide for sex offender programming. Authorizes the plan to include co-payments from specified sources.

Section 4 defines "crime" for purposes of the civil commitment chapter of law.

Section 5 defines "convicted" and "conviction" for purposes of the civil commitment chapter of law.

Section 6 defines "victim" for purposes of the civil commitment chapter of law.

Section 7 requires a county attorney filing a petition to civilly commit a person as being mentally ill and dangerous, being a sexually dangerous person, or having a sexual psychopathic personality to make a reasonable effort to notify victims of the filing and the resolution of the petition.

Section 8 requires the special review board or Commissioner of Human Services to consider statements received from victims (see article 4, section 9) when reviewing petitions for the discharge of persons civilly committed as being mentally ill and dangerous, being sexually dangerous persons, or having sexual psychopathic personalities.

Section 9 requires reasonable efforts to notify victims when a person civilly committed as being mentally ill and dangerous, being a sexually dangerous person, or having a sexual psychopathic personality is released, even temporarily from an institution. Notification applies only to the victims who have requested such notification.

Section 12 expands the escape from custody crime to include persons who escape while on pass status or provisional discharge under the mentally ill and dangerous civil commitment law.

Section 13 expands the escape frm custody crime to make it a felony (statutory maximum sentence of one year and a day imprisonment and/or $3,000 fine) to escape while under civil commitment as being mentally ill and dangerous, being a sexually dangerous person, or having a sexual psychopathic personality.

Section 14 amends the gross misdemeanor penalty provision of the indecent exposure crime to strike language relating to indecent exposure in the presence of a minor under the age of 16 (see article 4, section 15).

Section 15 amends the felony penalty provision of the indecent exposure crime to include indecent exposure committed in the presence of unaccompanied minor under the age of 16. This section, in conjunction with article 4, section 14, increases the penalty for this conduct from a gross misdemeanor to a felony (statutory maximum sentence of five years imprisonment and/or a $10,000 fine). Also requires that the minor be unaccompanied.

Section 16 requests the Minnesota Supreme Court to establish a task force to study the use of the court system as an alternative to the administrative process of the Special Review Board regarding decisions about reduction in custody level and/or discharge from commitment of persons committed as sexually dangerous persons or as having sexual psychopathic personalities. Specifies the membership of the task force. Specifies duties of the task force and requires a report to the Legislature.

Article 5 makes numerous substantive and technical changes to the predatory offender registration law, most significantly, relating to the law's applicability to homeless offenders, requiring disclosure to health care facilities upon admission of an offender subject to the law, and requiring lifetime conditional release for level III offenders who are convicted of failing to register. The article also makes changes to the community notification law, most significantly, related to out-of-state offenders.

Section 1 prohibits a registered sex offender residing in a health care facility who failed to inform the facility of the person's status as a registered sex offender from relying on the transfer and appeal procedure provisions to remain in the facility.

Section 2 amends the predatory offender registration law. Restructures and, in many instances, rewrites provisions of the law. Most significantly, provides a process for the registration of homeless offenders. Also requires that, upon admittance to a health care facility, a person required to register as a predatory offender must disclose to the facility the person's status as a registered sex offender. The offender must also disclose that inpatient admission has occurred to the offender's corrections agent or the appropriate law enforcement authority. An offender who fails to do this is guilty of a felony (statutory maximum sentence of five years imprisonment and/or a $10,000 fine). If an offender fails to make the disclosure to the health care facility, the offender may not rely on the transfer and discharge appeal procedures under the health care law. Requires a law enforcement authority or corrections agent to notify a health care facility as soon as it comes to the attention of the agent or authority that a predatory offender has been admitted and is receiving health care at the facility. Requires that when a level III offender is convicted for violating the predatory offender registration law's requirements, the offender must be placed on supervised release for the remainder of the offender's life. Requires the Bureau of Criminal Apprehension (BCA) to notify the Commissioner of Corrections in certain instances involving offenders from other states.

Section 3 amends the law that requires predatory offender registration by offenders who commit a crime against a person and who previously registered under the law but whose registration period ended or who would have had to register, except the law did not apply to the offender at the time of the offense. Expands the definition of "crime against a person" to include fourth-degree assault. Also expands this law to apply to offenders convicted of a crime against a person and who previously completed registration in another state.

Section 4 amends the law requiring the Commissioner of Corrections making a preliminary determination on whether a civil commitment petition may be appropriate. Requires the Commissioner's opinion to be based on a recommendation of a Department of Corrections screening committee and a legal review and recommendation from the Attorney General's Office.

Section 5 strikes language from the community notification law relating to offenders coming from other states (see article 4, section 6).

Section 6 provides a process in the community notification law for community notification for offenders coming from other states.

Section 7 clarifies that the community notification law applies to homeless offenders.

Section 8 expands the community notification law to require law enforcement agencies in the area where a health care facility is located to disclose the predatory offender registrant status of an offender to the health care facility if the offender is receiving inpatient care in the facility.

Section 9 adds probation and correctional service professionals to the list of persons required to report suspected child neglect or abuse.

Section 10 contains a Revisor's instruction related to the changes made in this article.

Section 11 repeals two provisions of the predatory offender registration law superceded by the changes made in this article.

Article 6 relates to the Department of Human Services' (DHS) access to and ability to share information contained in the predatory offender registry database, and expands the fourth-degree assault law.

Section 1 allows predatory offender registration information to be used for human services and corrections purposes.

Section 2 amends Minnesota Statutes, section 246.13 (relating to records of patients and residents receiving state-operated services). Defines terms. Addresses disclosure of information and records, the Commissioner of Human Services' access to certain criminal information, and predatory offender registration requirements in regards to state-operated facilities.

Section 3 provides that the local law enforcement agency must be notified when patients who are civilly committed as being mentally ill and dangerous are being transferred out of a state operated services facility.

Section 4 provides that the BCA's computerized data system relating to predatory offenders may be used for human services purposes.

Section 5 expands the fourth-degree assault law to include employees or other individuals who provide care or treatment at DHS treatment facilities.

Section 6 requires that health care facilities develop an abuse prevention plan to address potential risks an individual may pose to other patients and staff and other individuals.

Section 7 repeals a provision in Minnesota Statutes, chapter 246, relating to the DHS's system of records and statistics for hospitals for mentally ill patients.

Article 7 addresses disqualification for employment in a DHS-licensed facility or program and circumstances under which a variance can be granted or a disqualification decision rescinded.

Section 1 requires that prospective employees have a background study completed before having direct contact with clients in DHS-licensed facilities or programs.

Section 2 adds new crimes and administrative determinations as grounds to permanently bar employment at a DHS-licensed facility or program. Adds aiding and abetting in any of the disqualifying offenses as a permanent bar to employment.

Section 3 strikes the crimes added in article 7, section 2, as permanent bars to employment from the list of crimes that act as 15-year disqualifiers. Adds new crimes to the 15-year disqualification list. Adds aiding and abetting in any of the disqualifying offenses as a 15-year bar to employment.

Section 4 adds new crimes to the ten-year disqualification list. Adds aiding and abetting in any of the disqualifying offenses as a ten-year bar to employment.

Section 5 makes technical changes.

Section 6 makes changes to the required disclosure to individuals whose background study disqualifies them from direct contact with clients in DHS-licensed facilities or programs.

Section 7 makes changes to the disqualification notice sent to applicants, license holders, or other entities (other than the subject of the background study).

Section 8 amends the law on requests to rescind disqualifications of individuals following a DHS background check.

Section 9 addresses the notice of request for reconsideration following a DHS background check.

Section 10 addresses data issues related to setting aside disqualifications under the DHS background check law.

Section 11 addresses rescinded disqualifications under the DHS background check law.

Section 12 makes changes to the Commissioner of Human Services' set-aside authority with regard to individuals permanently barred.

Section 13 makes changes to the Commissioner of Human Services' set-aside authority with regard to individuals disqualified for ten years.

Section 14 makes changes to the Commissioner of Human Services' set-aside authority with regard to individuals disqualified for seven years.

Section 15 requires the Commissioner of Human Services to expand notification regarding disqualifications and inform the public about them.

Section 16 addresses requests for variances under the DHS background check law.

Section 17 addresses the Commissioner of Human Services' authority to grant variances for disqualified individuals under the DHS background check law.

Section 18 addresses the destruction of data from substantiated reports of maltreatment.

Article 8 creates a Sex Offender Policy Board to develop professional standards for treatment of sex offenders, including uniform supervision and treatment guidelines. Requires the Governor to appoint the Board. The board consists of five professionals with relevant experience in treatment, law enforcement, sex offender assessment, and sex offender management. Requires the board to submit reports to the Legislature regarding sex offenders.

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