Convicted predatory offenders also are subject to several other mandatory sentencing laws that are designed to minimize their recidivism risk.
Minimum Conditional Release Term.
If a court sentences a felony-level sex offender to prison, the court must also sentence the offender to serve a minimum period of “conditional release” after release from prison. All offenders are placed on conditional release for ten years. Offenders who were sentenced to an indeterminate life sentence (discussed above) and certain repeat offenders are placed on conditional release for the remainder of his or her life. The repeat offenders subject to lifetime conditional release are those that are released from prison for first- through fourth-degree criminal sexual conduct or criminal sexual predatory conduct, and the offender had a previous5 or prior6 sex offense conviction. But if the offender is released from prison for fourth-degree criminal sexual conduct, the offender will only be placed on lifetime conditional release if the offender’s previous or prior sex offense conviction being used as the basis for the lifetime conditional release terms, is for first- through third-degree criminal sexual conduct or criminal sexual predatory conduct. Minn. Stat. § 609.3455, subds. 6 and 7.
Mandatory Predatory Offender Assessment and Treatment
The court must order a predatory offender treatment assessment for any person convicted of criminal sexual conduct (any degree), surreptitious intrusion, obscene phone calls, or indecent exposure. The court may waive the assessment if the offender is eligible for a presumptive prison sentence or has already been assessed.
If the assessment indicates the offender is in need of and amenable to treatment, the court must order the offender to undergo treatment if the court places the offender on probation. Minn. Stat. § 609.3457.
The court must order persons convicted of or adjudicated for a sex offense to provide a biological sample for DNA analysis, if the offender has not already done so. This requirement also applies to persons convicted of other violent crimes listed in the law. If an individual was not ordered to provide this specimen at the time of sentencing, the offender must provide the specimen before release. An offender who is incarcerated for any offense and who has a conviction for a prior offense enumerated in the law must provide a specimen before release, even if the offense for which the person is currently serving time is not an offense enumerated in the law. Minn. Stat. § 609.117.
5 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. Minn. Stat. § 609.3455, subd. 1, para. (f).
6 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. Minn. Stat. § 609.3455, subd. 1, para. (g). A “prior” sex offense conviction does not require the sequencing of events that a “previous” sex offense conviction does. Thus, a person who has committed two sex offenses but has not been convicted of either would be considered to have a prior sex offense once the offender has been convicted for the first offense even though the present offense occurred before the actual conviction for the prior offense.
CREDIT: The content of this and any related posts has been copied or adopted from the Minnesota House of Representatives Research Department’s Information Brief, Sex Offenders and Predatory Offenders: Minnesota Criminal and Civil Regulatory Laws, written by Legislative Analyst Jeffrey Diebel.
This post is also part of a series of posts on Minnesota Criminal and Civil Regulatory Laws Regarding Sex Offenders and Predatory Offenders.