2005 Minnesota Statutes - 609.108 — Mandatory increased sentences for certain patterned and predatory sex offenders; no prior conviction required.

     609.108 Mandatory increased sentences for certain 
  patterned and predatory sex offenders; no prior conviction 
  required. 


    Subdivision 1.    Mandatory increased sentence.  A court 
 shall commit a person to the commissioner of corrections for a 
 period of time that is not less than double the presumptive 
 sentence under the Sentencing Guidelines and not more than the 
 statutory maximum, or if the statutory maximum is less than 
 double the presumptive sentence, for a period of time that is 
 equal to the statutory maximum, if: 


    (1) the court is imposing an executed sentence on a person 
 convicted of committing or attempting to commit a violation of 
 section 609.342, 609.343, 609.344, 609.345, or 609.3453; 


    (2) the factfinder determines that the offender is a danger 
 to public safety; and 


    (3) the factfinder determines that the offender's criminal 
 sexual behavior is so engrained that the risk of reoffending is 
 great without intensive psychotherapeutic intervention or other 
 long-term treatment or supervision extending beyond the 
 presumptive term of imprisonment and supervised release.  


    Subd. 2. Repealed, 2005 c 136 art 2 s 23 


    Subd. 3.    Predatory crime.  As used in this section, 
 "predatory crime" has the meaning given in section 609.341, 
 subdivision 22. 


    Subd. 4.    Danger to public safety.  The factfinder 
 shall base its determination that the offender is a danger to 
 public safety on any of the following factors: 


    (1) the crime involved an aggravating factor that would 
 justify a durational departure from the presumptive sentence 
 under the Sentencing Guidelines; 


    (2) the offender previously committed or attempted to 
 commit a predatory crime or a violation of section 609.224 or 
 609.2242, including: 


    (i) an offense committed as a juvenile that would have been 
 a predatory crime or a violation of section 609.224 or 609.2242 
 if committed by an adult; or 


    (ii) a violation or attempted violation of a similar law of 
 any other state or the United States; or 


    (3) the offender planned or prepared for the crime prior to 
 its commission. 


    Subd. 5.    Departure from guidelines.  A sentence 
 imposed under subdivision 1 is a departure from the Sentencing 
 Guidelines. 


    Subd. 6.    Conditional release.  At the time of 
 sentencing under subdivision 1, the court shall provide that 
 after the offender has completed the sentence imposed, less any 
 good time earned by an offender whose crime was committed before 
 August 1, 1993, the commissioner of corrections shall place the 
 offender on conditional release for the remainder of the 
 statutory maximum period, or for ten years, whichever is 
 longer.  The terms of conditional release are governed by 
 section 609.3455.  


    Subd. 7.    Commissioner of corrections.  The 
 commissioner shall develop a plan to pay the cost of treatment 
 of a person released under subdivision 6.  The plan may include 
 co-payments from offenders, third-party payers, local agencies, 
 or other funding sources as they are identified.  This section 
 does not require the commissioner to accept or retain an 
 offender in a treatment program. 


    HIST: 1998 c 367 art 6 s 5; 2005 c 136 art 2 s 6-9; art 3 s 21