1.1.................... moves to amend H.F. No. 6, the first engrossment, as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 609.342, subdivision 2, is amended to
1.4read:
1.5    Subd. 2. Penalty. (a) Except as otherwise provided in section 609.3455; or
1.6Minnesota Statutes 2004, section 609.109, a person convicted under subdivision 1 may
1.7be sentenced to imprisonment for not more than 30 60 years or to a payment of a fine of
1.8not more than $40,000, or both.
1.9(b) Unless a longer mandatory minimum sentence is otherwise required by law or
1.10the Sentencing Guidelines provide for a longer presumptive executed sentence, the court
1.11shall presume that an executed sentence of 144 months must be imposed on an offender
1.12convicted of violating this section. Sentencing a person in a manner other than that
1.13described in this paragraph is a departure from the Sentencing Guidelines.
1.14(c) A person convicted under this section is also subject to conditional release under
1.15section 609.3455.
1.16EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
1.17committed on or after that date.

1.18    Sec. 2. Minnesota Statutes 2010, section 609.343, subdivision 2, is amended to read:
1.19    Subd. 2. Penalty. (a) Except as otherwise provided in section 609.3455; or
1.20Minnesota Statutes 2004, section 609.109, a person convicted under subdivision 1 may
1.21be sentenced to imprisonment for not more than 25 50 years or to a payment of a fine of
1.22not more than $35,000, or both.
1.23(b) Unless a longer mandatory minimum sentence is otherwise required by law or the
1.24Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall
1.25presume that an executed sentence of 90 months must be imposed on an offender convicted
2.1of violating subdivision 1, clause (c), (d), (e), (f), or (h). Sentencing a person in a manner
2.2other than that described in this paragraph is a departure from the Sentencing Guidelines.
2.3(c) A person convicted under this section is also subject to conditional release under
2.4section 609.3455.
2.5EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
2.6committed on or after that date.

2.7    Sec. 3. Minnesota Statutes 2010, section 609.344, subdivision 2, is amended to read:
2.8    Subd. 2. Penalty. Except as otherwise provided in section 609.3455, a person
2.9convicted under subdivision 1 may be sentenced to imprisonment for not more than 15 40
2.10years or to a payment of a fine of not more than $30,000, or both. A person convicted
2.11under this section is also subject to conditional release under section 609.3455.
2.12EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
2.13committed on or after that date.

2.14    Sec. 4. Minnesota Statutes 2010, section 609.345, subdivision 2, is amended to read:
2.15    Subd. 2. Penalty. Except as otherwise provided in section 609.3455, a person
2.16convicted under subdivision 1 may be sentenced to imprisonment for not more than ten 30
2.17years or to a payment of a fine of not more than $20,000, or both. A person convicted
2.18under this section is also subject to conditional release under section 609.3455.
2.19EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
2.20committed on or after that date.

2.21    Sec. 5. Minnesota Statutes 2010, section 609.3451, subdivision 3, is amended to read:
2.22    Subd. 3. Felony. Except as otherwise provided in section 609.3455, a person is
2.23guilty of a felony and may be sentenced to imprisonment for not more than five 20 years or
2.24to payment of a fine of not more than $10,000, or both, if the person violates subdivision
2.251, clause (2), after having been previously convicted of or adjudicated delinquent for
2.26violating subdivision 1, clause (2); has a previous sex offense conviction as defined in
2.27section 609.3455, subdivision 1, or a previous conviction or delinquency adjudication
2.28for violating section 617.23, subdivision 2, clause (1); or a statute from another state in
2.29conformity with subdivision 1, clause (2), or section 617.23, subdivision 2, clause (1) or
2.30any similar statute of the United States, this state, or any other state.
3.1EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
3.2committed on or after that date.

3.3    Sec. 6. Minnesota Statutes 2010, section 609.3455, is amended to read:
3.4609.3455 DANGEROUS SEX OFFENDERS; LIFE SENTENCES;
3.5INDETERMINATE SENTENCES; CONDITIONAL RELEASE.
3.6    Subdivision 1. Definitions. (a) As used in this section, the following terms have
3.7the meanings given.
3.8(b) "Conviction" includes a conviction as an extended jurisdiction juvenile under
3.9section 260B.130 for a violation of, or an attempt to violate, section 609.342, 609.343,
3.10609.344 , or 609.3453, if the adult sentence has been executed.
3.11(c) "Extreme inhumane conditions" mean situations where, either before or after
3.12the sexual penetration or sexual contact, the offender knowingly causes or permits the
3.13complainant to be placed in a situation likely to cause the complainant severe ongoing
3.14mental, emotional, or psychological harm, or causes the complainant's death.
3.15(d) A "heinous element" includes:
3.16(1) the offender tortured the complainant;
3.17(2) the offender intentionally inflicted great bodily harm upon the complainant;
3.18(3) the offender intentionally mutilated the complainant;
3.19(4) the offender exposed the complainant to extreme inhumane conditions;
3.20(5) the offender was armed with a dangerous weapon or any article used or fashioned
3.21in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
3.22used or threatened to use the weapon or article to cause the complainant to submit;
3.23(6) the offense involved sexual penetration or sexual contact with more than one
3.24victim;
3.25(7) the offense involved more than one perpetrator engaging in sexual penetration or
3.26sexual contact with the complainant; or
3.27(8) the offender, without the complainant's consent, removed the complainant from
3.28one place to another and did not release the complainant in a safe place.
3.29(e) "Mutilation" means the intentional infliction of physical abuse designed to cause
3.30serious permanent disfigurement or permanent or protracted loss or impairment of the
3.31functions of any bodily member or organ, where the offender relishes the infliction of the
3.32abuse, evidencing debasement or perversion.
3.33(f) A conviction is considered a "previous sex offense conviction" if the offender was
3.34convicted and sentenced for a sex offense before the commission of the present offense.
4.1(g) A conviction is considered a "prior sex offense conviction" if the offender was
4.2convicted of committing a sex offense before the offender has been convicted of the
4.3present offense, regardless of whether the offender was convicted for the first offense
4.4before the commission of the present offense, and the convictions involved separate
4.5behavioral incidents.
4.6(h) "Sex offense" means any violation of, or attempt to violate, section 609.342,
4.7609.343 , 609.344, 609.345, 609.3451, 609.3453, or any similar statute of the United
4.8States, this state, or any other state.
4.9(i) "Torture" means the intentional infliction of extreme mental anguish, or extreme
4.10psychological or physical abuse, when committed in an especially depraved manner.
4.11(j) 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(k) A conviction is considered a "previous conviction for a predatory crime" if
4.16the offender was convicted and sentenced for a violation of, or an attempt to violate, an
4.17offense listed in section 609.341, subdivision 22 (predatory crimes) or section 609.255
4.18if sentenced as a felony (false imprisonment), 609.582, subdivision 2 (second-degree
4.19burglary), 609.713 (terroristic threats), 617.23, subdivision 3 (felony indecent exposure),
4.20617.241, subdivision 4 (felony obscene materials), 617.246 (felony use of minor in a
4.21sexual performance), or 617.247 (felony possession pornographic work involving minors)
4.22before the commission of the present offense.
4.23    Subd. 2. Mandatory life sentence without release; egregious first-time and
4.24repeat offenders. (a) Notwithstanding the statutory maximum penalty otherwise
4.25applicable to the offense, the court shall sentence a person convicted under section
4.26609.342, subdivision 1 , paragraph (c), (d), (e), (f), or (h); or 609.343, subdivision 1,
4.27paragraph (c), (d), (e), (f), or (h), to life without the possibility of release if:
4.28(1) the fact finder determines that two or more heinous elements exist; or
4.29(2) the person has a previous sex offense conviction for a violation of section
4.30609.342 , 609.343, or 609.344, and the fact finder determines that a heinous element exists
4.31for the present offense.
4.32(b) A fact finder may not consider a heinous element if it is an element of the
4.33underlying specified violation of section 609.342 or 609.343. In addition, when
4.34determining whether two or more heinous elements exist, the fact finder may not use the
4.35same underlying facts to support a determination that more than one element exists.
5.1    Subd. 3. Mandatory life sentence for egregious first-time offenders. (a)
5.2Notwithstanding the statutory maximum penalty otherwise applicable to the offense, the
5.3court shall sentence a person to imprisonment for life if the person is convicted under
5.4section 609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h), or 609.343, subdivision
5.51 , paragraph (c), (d), (e), (f), or (h); and the fact finder determines that a heinous element
5.6exists.
5.7(b) The fact finder may not consider a heinous element if it is an element of the
5.8underlying specified violation of section 609.342 or 609.343.
5.9    Subd. 3a. Mandatory indeterminate sentence for certain engrained serious and
5.10repeat first degree offenders. (a) A court shall commit a person to the commissioner of
5.11corrections for a period of time that is not less than double the presumptive sentence under
5.12the sentencing guidelines and not more than the statutory maximum, or if the statutory
5.13maximum is less than double the presumptive sentence, for a period of time that is equal
5.14to the statutory maximum, if:
5.15(1) the court is imposing an executed sentence on a person convicted of committing
5.16or attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, or
5.17609.3453;
5.18(2) the fact finder determines that the offender is a danger to public safety; and
5.19(3) the fact finder determines that the offender's criminal sexual behavior is so
5.20engrained that the risk of reoffending is great without intensive psychotherapeutic
5.21intervention or other long-term treatment or supervision extending beyond the presumptive
5.22term of imprisonment and supervised release.
5.23(b) The fact finder shall base its determination that the offender is a danger to public
5.24safety on any of the following factors:
5.25(1) the crime involved an aggravating factor that would justify a durational departure
5.26from the presumptive sentence under the sentencing guidelines;
5.27(2) the offender previously committed or attempted to commit a predatory crime
5.28or a violation of section 609.224 or 609.2242, including:
5.29(i) an offense committed as a juvenile that would have been a predatory crime or a
5.30violation of section 609.224 or 609.2242 if committed by an adult; or
5.31(ii) a violation or attempted violation of a similar law of any other state or the United
5.32States; or
5.33(3) the offender planned or prepared for the crime prior to its commission.
5.34(c) As used in this section, "predatory crime" has the meaning given in section
5.35609.341, subdivision 22.
6.1Notwithstanding the statutory maximum penalty otherwise applicable to the offense,
6.2the court shall sentence a person to imprisonment for 60 years, together with a minimum
6.3term of incarceration that must be served before the person is eligible for supervised
6.4release pursuant to section 609.3458 that is not less than 288 months if:
6.5(1) the person is convicted under section 609.342, subdivision 1, paragraph (c),
6.6(d), (e), (f), or (h); or
6.7(2) the person is convicted under section 609.342, subdivision 1, paragraph (a),
6.8(b), or (g), and the person has:
6.9(i) a previous sex offense conviction;
6.10(ii) a prior sex offense conviction; or
6.11(iii) a previous conviction for a predatory crime.
6.12    Subd. 3b. Mandatory indeterminate sentence for serious and repeat second
6.13degree offenders. Notwithstanding the statutory maximum penalty otherwise applicable
6.14to the offense, the court shall sentence a person to imprisonment for 50 years, together
6.15with a minimum term of incarceration that must be served before the person is eligible for
6.16supervised release pursuant to section 609.3458 that is not less than 180 months if:
6.17(1) the person is convicted under section 609.343, subdivision 1, paragraph (c),
6.18(d), (e), (f), or (h); or
6.19(2) the person is convicted under section 609.343, subdivision 1, paragraph (a),
6.20(b), or (g), and the person has:
6.21(i) a previous sex offense conviction;
6.22(ii) a prior sex offense conviction; or
6.23(iii) a previous conviction for a predatory crime.
6.24    Subd. 3c. Mandatory indeterminate sentence for serious and repeat third
6.25degree offenders. Notwithstanding the statutory maximum penalty otherwise applicable
6.26to the offense, the court shall sentence a person to imprisonment for 40 years, together
6.27with a minimum term of incarceration that must be served before the person is eligible for
6.28supervised release pursuant to section 609.3458 that is not less than 96 months if:
6.29(1) the person is convicted under section 609.344, subdivision 1, paragraph (c),
6.30(d), (g), (j), or (k); or
6.31(2) the person is convicted under section 609.344, subdivision 1, paragraph (a), (b),
6.32(e), (f), (h), (i), (l), (m), (n), or (o) and the person has:
6.33(i) a previous sex offense conviction;
6.34(ii) a prior sex offense conviction; or
6.35(iii) a previous conviction for a predatory crime.
7.1    Subd. 3d. Mandatory indeterminate sentence for serious and repeat fourth
7.2degree offenders. Notwithstanding the statutory maximum penalty otherwise applicable
7.3to the offense, the court shall sentence a person to imprisonment for 30 years, together
7.4with a minimum term of incarceration that must be served before the person is eligible for
7.5supervised release pursuant to section 609.3458 that is not less than 48 months if:
7.6(1) the person is convicted under section 609.345, subdivision 1, paragraph (c),
7.7(d), (g), (j), or (k); or
7.8(2) the person is convicted under section 609.345, subdivision 1, paragraph (a), (b),
7.9(e), (f), (h), (i), (l), (m), (n), or (o), and the person has:
7.10(i) a previous sex offense conviction;
7.11(ii) a prior sex offense conviction; or
7.12(iii) a previous conviction for a predatory crime.
7.13    Subd. 3e. Mandatory indeterminate sentence for repeat felony fifth degree
7.14offenders. Notwithstanding the statutory maximum penalty otherwise applicable to the
7.15offense, the court shall sentence a person to imprisonment for 20 years, together with
7.16a minimum term of incarceration that must be served before the person is eligible for
7.17supervised release pursuant to section 609.3458 that is not less than 30 months if the
7.18person is convicted under section 609.3451, subdivision 3, and the person has any two of
7.19the following:
7.20(1) previous sex offense conviction;
7.21(2) a prior sex offense conviction; or
7.22(3) a previous conviction for a predatory crime.
7.23    Subd. 4. Mandatory life sentence; repeat offenders. (a) Notwithstanding the
7.24statutory maximum penalty otherwise applicable to the offense, the court shall sentence a
7.25person to imprisonment for life if the person is convicted of violating section 609.342,
7.26609.343 , 609.344, 609.345, or 609.3453 and:
7.27(1) the person has two previous sex offense convictions;
7.28(2) the person has a previous sex offense conviction and:
7.29(i) the fact finder determines that the present offense involved an aggravating factor
7.30that would provide grounds for an upward durational departure under the sentencing
7.31guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
7.32convictions;
7.33(ii) the person received an upward durational departure from the sentencing
7.34guidelines for the previous sex offense conviction; or
7.35(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
7.36609.108 , for the previous sex offense conviction; or
8.1(3) the person has two prior sex offense convictions, and the fact finder determines
8.2that the prior convictions and present offense involved at least three separate victims, and:
8.3(i) the fact finder determines that the present offense involved an aggravating factor
8.4that would provide grounds for an upward durational departure under the sentencing
8.5guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
8.6convictions;
8.7(ii) the person received an upward durational departure from the sentencing
8.8guidelines for one of the prior sex offense convictions; or
8.9(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
8.10609.108 , for one of the prior sex offense convictions.
8.11(b) Notwithstanding paragraph (a), a court may not sentence a person to
8.12imprisonment for life for a violation of section 609.345, unless the person's previous or
8.13prior sex offense convictions that are being used as the basis for the sentence are for
8.14violations of section 609.342, 609.343, 609.344, or 609.3453, or any similar statute of the
8.15United States, this state, or any other state.
8.16    Subd. 5. Life sentences; minimum term of imprisonment. At the time
8.17of sentencing under subdivision 3 or 4, the court shall specify a minimum term of
8.18imprisonment, based on the sentencing guidelines or any applicable mandatory minimum
8.19sentence, that must be served before the offender may be considered for supervised release.
8.20    Subd. 6. Mandatory ten-year conditional release term. Notwithstanding the
8.21statutory maximum sentence otherwise applicable to the offense and unless a longer
8.22conditional release term is required in subdivision 7, when a court commits an offender
8.23to the custody of the commissioner of corrections for a violation of section 609.342,
8.24609.343 , 609.344, 609.345, or 609.3453, the court shall provide that, after the offender has
8.25completed the sentence imposed, the commissioner shall place the offender on conditional
8.26release for ten years, minus the time the offender served on supervised release.
8.27    Subd. 7. Mandatory lifetime conditional release term. (a) When a court sentences
8.28an offender under subdivision 3 or 4, the court shall provide that, if the offender is released
8.29from prison, the commissioner of corrections shall place the offender on conditional
8.30release for the remainder of the offender's life.
8.31(b) Notwithstanding the statutory maximum sentence otherwise applicable to the
8.32offense, when the court commits an offender to the custody of the commissioner of
8.33corrections for a violation of section 609.342, 609.343, 609.344, 609.345, or 609.3453,
8.34and the offender has a previous or prior sex offense conviction, the court shall provide
8.35that, after the offender has completed the sentence imposed, the commissioner shall place
8.36the offender on conditional release for the remainder of the offender's life.
9.1(c) Notwithstanding paragraph (b), an offender may not be placed on lifetime
9.2conditional release for a violation of section 609.345, unless the offender's previous or
9.3prior sex offense conviction is for a violation of section 609.342, 609.343, 609.344, or
9.4609.3453 , or any similar statute of the United States, this state, or any other state.
9.5    Subd. 8. Terms of conditional release; applicable to all sex offenders. (a) The
9.6provisions of this subdivision relating to conditional release apply to all sex offenders
9.7sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, or
9.8609.3453 . Except as provided in this subdivision, conditional release of sex offenders is
9.9governed by provisions relating to supervised release. The commissioner of corrections
9.10may not dismiss an offender on conditional release from supervision until the offender's
9.11conditional release term expires.
9.12(b) The conditions of release may include successful completion of treatment and
9.13aftercare in a program approved by the commissioner, satisfaction of the release conditions
9.14specified in section 244.05, subdivision 6, and any other conditions the commissioner
9.15considers appropriate. The commissioner shall develop a plan to pay the cost of treatment
9.16of a person released under this subdivision. The plan may include co-payments from
9.17offenders, third-party payers, local agencies, or other funding sources as they are identified.
9.18This section does not require the commissioner to accept or retain an offender in a
9.19treatment program. Before the offender is placed on conditional release, the commissioner
9.20shall notify the sentencing court and the prosecutor in the jurisdiction where the offender
9.21was sentenced of the terms of the offender's conditional release. The commissioner also
9.22shall make reasonable efforts to notify the victim of the offender's crime of the terms of
9.23the offender's conditional release. If the offender fails to meet any condition of release, the
9.24commissioner may revoke the offender's conditional release and order that the offender
9.25serve all or a part of the remaining portion of the conditional release term in prison.
9.26    Subd. 9. Applicability. The provisions of this section do not affect the applicability
9.27of Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005,
9.28or the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.
9.29EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
9.30committed on or after that date.

9.31    Sec. 7. [609.3458] SEX OFFENDER INDETERMINATE SENTENCE REVIEW
9.32BOARD.
9.33    Subdivision 1. Definitions. (a) As used in this section, the following terms have the
9.34meanings given to them.
10.1(b) "Board" means the Sex Offender Indeterminate Sentence Review Board created
10.2under this section.
10.3(c) "Commissioner" means the commissioner of corrections.
10.4(d) "Department" means the Department of Corrections.
10.5(e) "Sex Offender Indeterminate Sentence" means a sentence imposed pursuant to
10.6section 609.3455, subdivision 3a, 3b, 3c, 3d or 3e.
10.7    Subd. 2. Creation; membership; terms; support. (a) The board shall consist of a
10.8chair and four other members. The chair and two other members shall be appointed by
10.9the governor. The two remaining members shall be appointed by the chief justice of the
10.10Minnesota Supreme Court. Each member must have knowledge of and be conversant in
10.11criminal sentencing and sex offender treatment issues in the state. Notwithstanding the
10.12provisions of section 15.06, subdivision 6, members of the board may not delegate their
10.13powers and responsibilities as board members to any other person.
10.14(b) The membership terms, compensation, removal, and filling of vacancies shall be
10.15as provided in section 15.0575.
10.16(c) Staff and consultant support for board activities shall be provided by the
10.17department. This support shall be provided based upon an annual budget and work
10.18program developed by the board and certified to the commissioner by the chair of the
10.19board. The board shall have the authority to request and require staff support from all
10.20other agencies of state government as needed for the execution of the responsibilities of
10.21the board.
10.22(d) The department shall provide administrative services necessary to the
10.23board's activities. The services shall include personnel, budget, payroll, and contract
10.24administration. The services shall also include suitable quarters at the state correctional
10.25facilities for board meetings to consider petitions for release under this section.
10.26    Subd. 3. Board powers. (a) For all offenders serving a sex offender indeterminate
10.27sentence, the board shall be responsible for making decisions regarding release after
10.28service of the mandatory minimum sentence as provided in subdivision 4.
10.29(b) For all offenders serving a sex offender indeterminate sentence, the board shall
10.30assume the powers and duties of the commissioner regarding supervised release and
10.31conditional release pursuant to sections 244.05, 244.056, 244.057, 244.065, 609.3455,
10.32subdivision 8, and 609.3456.
10.33(c) The board shall have the power to issue subpoenas subject to the limitations
10.34in subdivision 5, paragraph (e).
10.35    Subd. 4. Petition for release; eligibility. (a) An offender serving a sex offender
10.36indeterminate sentence, may file a petition for release with the board 180 days prior to the
11.1expiration of the minimum period of incarceration to which the person was sentenced.
11.2If the offender has previously been denied release by the board, the offender may not
11.3file another petition for release until the date determined by the board in subdivision 5,
11.4paragraph (k).
11.5(b) The petition shall be signed by the offender and shall include:
11.6(1) identifying information including the offender's name, date of birth, offender
11.7identification number, and current incarceration facility;
11.8(2) a detailed statement by the offender as to why the offender no longer poses a
11.9threat to the public; and
11.10(3) a list of witnesses the offender wishes the board to subpoena together with their
11.11addresses, phone numbers, occupation, and a brief statement as to the substance of the
11.12proposed testimony.
11.13The petition must also include, or be supplemented by, any completed releases of
11.14information necessary for the board to obtain all records pertinent to the release decision.
11.15An offender's failure to execute a release of information upon request by the board is
11.16sufficient grounds to deny the petition.
11.17(c) Upon the filing of a petition, the offender's case worker at the correctional facility
11.18shall produce a copy of the offender's entire case history and deliver it to the board
11.19within 30 days for consideration at the hearing. The case history includes the facts and
11.20circumstances of the offense for which the sex offender indeterminate sentence is being
11.21served, the offender's past criminal history, any sex offender assessment ordered pursuant
11.22to section 609.3457, records regarding the offender's institutional adjustment, program
11.23team reports, other psychological and psychiatric reports where pertinent, all treatment
11.24records and reports, the results of community investigations, and the names and addresses
11.25of any victims of the crime who have requested to be notified by the department of any
11.26release decisions.
11.27(d) An offender serving a sex offender indeterminate sentence shall not be released
11.28from incarceration unless the offender has demonstrated to the board by clear and
11.29convincing evidence that the person:
11.30(1) no longer poses a threat to the public;
11.31(2) has successfully completed sex offender programming in a secure facility;
11.32(3) is no longer in need of treatment in a secure facility; and
11.33(4) is capable of reintegration with the general public.
11.34    Subd. 5. Hearing. (a) Upon receipt of a properly completed petition, the board shall
11.35schedule a hearing on the petition. The date for the hearing shall not be later than 60 days
11.36prior to the expiration of the offender's minimum sentence.
12.1(b) The hearing shall be held at the correctional facility where the offender is
12.2incarcerated or, with the consent of the commissioner, another location with similar
12.3security.
12.4(c) Upon setting the hearing, the board shall give notice of the date, time, and
12.5location of the hearing to all interested parties including the offender, the sentencing court,
12.6the prosecuting attorney's office that prosecuted the case, and any victims of the crime
12.7who have requested notification.
12.8(d) A verbatim record of the hearing shall be made in a form approved by the board.
12.9(e) The board, in its discretion, may issue subpoenas to witnesses on behalf of
12.10the offender. The board shall not issue a subpoena to the victim or any member of the
12.11victim's immediate family. The subpoenas shall be issued by the board within a reasonable
12.12time prior to the hearing.
12.13(f) An attorney representing the offender or an advocate of the offender's choice
12.14shall be allowed at the hearing. The offender is not entitled to representation or counsel
12.15at public expense.
12.16(g) At the hearing, the board shall hear from the offender first and receive testimony,
12.17evidence, records, or statements on the offender's behalf. The board shall then receive
12.18written or oral statements from other interested parties, including the commissioner or a
12.19designee, treatment providers, the victim of the offense of conviction, the sentencing court,
12.20the prosecuting attorney's office that prosecuted the case, and, in the board's discretion,
12.21any other persons with information pertinent to the board's release decision.
12.22(h) After the conclusion of the hearing, the board shall deliberate and make a release
12.23determination. The deliberations are not public and shall not be recorded.
12.24(i) Within 60 days after the hearing, the board shall issue findings of fact, conclusions
12.25as to whether the offender has met the offender's burden of establishing the criteria for
12.26release under subdivision 4, paragraph (d), and a release decision either granting or
12.27denying release. The written findings of fact, conclusions, and release decision shall be
12.28served on the offender and all interested parties notified in paragraph (c).
12.29(j) If the board grants the offender release, the board shall establish the conditions of
12.30supervised release and conditional release pursuant to sections 244.05, 244.056, 244.057,
12.31244.065, 609.3455, subdivision 8, and 609.3456.
12.32(k) If the board denies release, the board in its written order shall set a date, not later
12.33than three years from the date of the board's written release decision, when the offender
12.34may file a new petition for release. After the written order is issued, the board may
12.35authorize an earlier petition for release upon the request of the commissioner and based
12.36upon a significant change in circumstances.
13.1    Subd. 6. Supervised release and conditional release violations. (a) When an
13.2offender who received a sex offender indeterminate sentence is serving a period of
13.3supervised release or conditional release and the board determines by a preponderance of
13.4the evidence that the offender has violated the terms or conditions of release, the board
13.5shall then determine the sanctions for the violation. In determining the sanction for the
13.6violation, the board must apply the criteria for release in subdivision 4, paragraph (d).
13.7(b) If the board determines that reimprisonment is the appropriate sanction for
13.8a violation of supervised release or conditional release, the board shall then set a date,
13.9not later than three years from the date of the reimprisonment determination, when the
13.10offender may file a petition for release pursuant to subdivision 4.
13.11EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
13.12committed on or after that date."
13.13Renumber the sections in sequence and correct the internal references
13.14Amend the title accordingly