2005 Minnesota Statutes - 609.3455 — Dangerous sex offenders; life sentences; conditional release.

     609.3455 Dangerous sex offenders; life sentences; 
  conditional release. 


    Subdivision 1.    Definitions.  (a) As used in this 
 section, the following terms have the meanings given.  


    (b) "Conviction" includes a conviction as an extended 
 jurisdiction juvenile under section 260B.130 for a violation of, 
 or an attempt to violate, section 609.342, 609.343, 609.344, or 
 609.3453, if the adult sentence has been executed.  


    (c) "Extreme inhumane conditions" mean situations where, 
 either before or after the sexual penetration or sexual contact, 
 the offender knowingly causes or permits the complainant to be 
 placed in a situation likely to cause the complainant severe 
 ongoing mental, emotional, or psychological harm, or causes the 
 complainant's death. 


    (d) A "heinous element" includes: 


    (1) the offender tortured the complainant; 


    (2) the offender intentionally inflicted great bodily harm 
 upon the complainant; 


    (3) the offender intentionally mutilated the complainant; 


    (4) the offender exposed the complainant to extreme 
 inhumane conditions; 


    (5) the offender was armed with a dangerous weapon or any 
 article used or fashioned in a manner to lead the complainant to 
 reasonably believe it to be a dangerous weapon and used or 
 threatened to use the weapon or article to cause the complainant 
 to submit; 


    (6) the offense involved sexual penetration or sexual 
 contact with more than one victim; 


    (7) the offense involved more than one perpetrator engaging 
 in sexual penetration or sexual contact with the complainant; or 


    (8) the offender, without the complainant's consent, 
 removed the complainant from one place to another and did not 
 release the complainant in a safe place.  


    (e) "Mutilation" means the intentional infliction of 
 physical abuse designed to cause serious permanent disfigurement 
 or permanent or protracted loss or impairment of the functions 
 of any bodily member or organ, where the offender relishes the 
 infliction of the abuse, evidencing debasement or perversion.  


    (f) A conviction is considered a "previous sex offense 
 conviction" if the offender was convicted and sentenced for a 
 sex offense before the commission of the present offense.  


    (g) A conviction is considered a "prior sex offense 
 conviction" if the offender was convicted of committing a sex 
 offense before the offender has been convicted of the present 
 offense, regardless of whether the offender was convicted for 
 the first offense before the commission of the present offense, 
 and the convictions involved separate behavioral incidents.  


    (h) "Sex offense" means any violation of, or attempt to 
 violate, section 609.342, 609.343, 609.344, 609.345, 609.3451, 
 609.3453, or any similar statute of the United States, this 
 state, or any other state.  


    (i) "Torture" means the intentional infliction of extreme 
 mental anguish, or extreme psychological or physical abuse, when 
 committed in an especially depraved manner. 


    (j) An offender has "two previous sex offense convictions" 
 only if the offender was convicted and sentenced for a sex 
 offense committed after the offender was earlier convicted and 
 sentenced for a sex offense and both convictions preceded the 
 commission of the present offense of conviction.  


    Subd. 2.    Mandatory life sentence without release for 
 particularly egregious first-time and repeat offenders.  (a) 
 Notwithstanding the statutory maximum penalty otherwise 
 applicable to the offense, the court shall sentence a person 
 convicted under section 609.342, subdivision 1, paragraph (c), 
 (d), (e), (f), or (h); or 609.343, subdivision 1, paragraph (c), 
 (d), (e), (f), or (h), to life without the possibility of 
 release if: 


    (1) the factfinder determines that two or more heinous 
 elements exist; or 


    (2) the person has a previous sex offense conviction for a 
 violation of section 609.342, 609.343, or 609.344, and the fact 
 finder determines that a heinous element exists for the present 
 offense.  


    (b) A factfinder may not consider a heinous element if it 
 is an element of the underlying specified violation of section 
 609.342 or 609.343.  In addition, when determining whether two 
 or more heinous elements exist, the factfinder may not use the 
 same underlying facts to support a determination that more than 
 one element exists.  


    Subd. 3.    Mandatory life sentence for egregious 
 first-time offenders.  (a) Notwithstanding the statutory 
 maximum penalty otherwise applicable to the offense, the court 
 shall sentence a person to imprisonment for life if the person 
 is convicted under section 609.342, subdivision 1, paragraph 
 (c), (d), (e), (f), or (h), or 609.343, subdivision 1, paragraph 
 (c), (d), (e), (f), or (h); and the factfinder determines that a 
 heinous element exists. 


    (b) The factfinder may not consider a heinous element if it 
 is an element of the underlying specified violation of section 
 609.342 or 609.343.  


    Subd. 4.    Mandatory life sentence; repeat offenders.  
 (a) Notwithstanding the statutory maximum penalty otherwise 
 applicable to the offense, the court shall sentence a person to 
 imprisonment for life if the person is convicted of violating 
 section 609.342, 609.343, 609.344, 609.345, or 609.3453 and:  


    (1) the person has two previous sex offense convictions; 


    (2) the person has a previous sex offense conviction and: 


    (i) the present offense involved an aggravating factor that 
 would provide grounds for an upward durational departure under 
 the sentencing guidelines other than the aggravating factor 
 applicable to repeat criminal sexual conduct convictions; 


    (ii) the person received an upward durational departure 
 from the sentencing guidelines for the previous sex offense 
 conviction; or 


    (iii) the person was sentenced under section 609.108 for 
 the previous sex offense conviction; or 


    (3) the person has two prior sex offense convictions, the 
 prior convictions and present offense involved at least three 
 separate victims, and: 


    (i) the present offense involved an aggravating factor that 
 would provide grounds for an upward durational departure under 
 the sentencing guidelines other than the aggravating factor 
 applicable to repeat criminal sexual conduct convictions; 


    (ii) the person received an upward durational departure 
 from the sentencing guidelines for one of the prior sex offense 
 convictions; or 


    (iii) the person was sentenced under section 609.108 for 
 one of the prior sex offense convictions.  


    (b) Notwithstanding paragraph (a), a court may not sentence 
 a person to imprisonment for life for a violation of section 
 609.345, unless the person's previous or prior sex offense 
 convictions that are being used as the basis for the sentence 
 are for violations of section 609.342, 609.343, 609.344, or 
 609.3453, or any similar statute of the United States, this 
 state, or any other state.  


    Subd. 5.    Life sentences; minimum term of imprisonment. 
  At the time of sentencing under subdivision 3 or 4, the court 
 shall specify a minimum term of imprisonment, based on the 
 sentencing guidelines or any applicable mandatory minimum 
 sentence, that must be served before the offender may be 
 considered for supervised release.  


    Subd. 6.    Mandatory ten-year conditional release term. 
  Notwithstanding the statutory maximum sentence otherwise 
 applicable to the offense and unless a longer conditional 
 release term is required in subdivision 7, when a court commits 
 an offender to the custody of the commissioner of corrections 
 for a violation of section 609.342, 609.343, 609.344, 609.345, 
 or 609.3453, the court shall provide that, after the offender 
 has completed the sentence imposed, the commissioner shall place 
 the offender on conditional release for ten years, minus the 
 time the offender served on supervised release.  


    Subd. 7.    Mandatory lifetime conditional release term. 
  (a) When a court sentences an offender under subdivision 3 or 
 4, the court shall provide that, if the offender is released 
 from prison, the commissioner of corrections shall place the 
 offender on conditional release for the remainder of the 
 offender's life. 


    (b) Notwithstanding the statutory maximum sentence 
 otherwise applicable to the offense, when the court commits an 
 offender to the custody of the commissioner of corrections for a 
 violation of section 609.342, 609.343, 609.344, 609.345, or 
 609.3453, and the offender has a previous or prior sex offense 
 conviction, the court shall provide that, after the offender has 
 completed the sentence imposed, the commissioner shall place the 
 offender on conditional release for the remainder of the 
 offender's life.  


    (c) Notwithstanding paragraph (b), an offender may not be 
 placed on lifetime conditional release for a violation of 
 section 609.345, unless the offender's previous or prior sex 
 offense conviction is for a violation of section 609.342, 
 609.343, 609.344, or 609.3453, or any similar statute of the 
 United States, this state, or any other state.  


    Subd. 8.    Terms of conditional release; applicable to 
 all sex offenders.  (a) The provisions of this subdivision 
 relating to conditional release apply to all sex offenders 
 sentenced to prison for a violation of section 609.342, 609.343, 
 609.344, 609.345, or 609.3453.  Except as provided in this 
 subdivision, conditional release of sex offenders is governed by 
 provisions relating to supervised release.  The commissioner of 
 corrections may not dismiss an offender on conditional release 
 from supervision until the offender's conditional release term 
 expires.  


    (b) The conditions of release may include successful 
 completion of treatment and aftercare in a program approved by 
 the commissioner, satisfaction of the release conditions 
 specified in section 244.05, subdivision 6, and any other 
 conditions the commissioner considers appropriate.  Before the 
 offender is placed on conditional release, the commissioner 
 shall notify the sentencing court and the prosecutor in the 
 jurisdiction where the offender was sentenced of the terms of 
 the offender's conditional release.  The commissioner also shall 
 make reasonable efforts to notify the victim of the offender's 
 crime of the terms of the offender's conditional release.  If 
 the offender fails to meet any condition of release, the 
 commissioner may revoke the offender's conditional release and 
 order that the offender serve all or a part of the remaining 
 portion of the conditional release term in prison.  


    HIST: 2005 c 136 art 2 s 21