HF 2996

1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

1.1A bill for an act

1.2relating to public safety; requiring the commissioner of corrections to develop a
1.3marketing plan for MINNCOR industries; establishing a controlled substance
1.4law working group; requiring the commissioner of corrections to conduct an
1.5internal review of parole and supervised release procedures and sanctions;
1.6prohibiting use of nonconviction criminal records for private employment
1.7purposes; providing immunity from negligent hiring in certain cases involving
1.8criminal records; authorizing the judicial branch to collect convenience fees on
1.9credit card payments; establishing certificates of good conduct; giving the board
1.10of public defense and district courts greater flexibility in the use of appropriations
1.11for this biennium; authorizing courts to take certain actions relating to military
1.12veterans with mental illnesses who have been convicted of a crime; removing a
1.13sunset on the law governing Internet access to Bureau of Criminal Apprehension
1.14data; making technical correction to provision relating to financing the statewide
1.15public safety radio system; appropriating money;amending Minnesota Statutes
1.162006, sections 13.87, subdivision 3; 241.27, by adding a subdivision; 364.03,
1.17subdivision 3; 364.09; 373.47, subdivision 1; 609.115, by adding a subdivision;
1.18609A.03, subdivisions 1, 2; 611A.06, subdivision 1a; Laws 2007, chapter 54,
1.19article 1, sections 5; 9; proposing coding for new law in Minnesota Statutes,
1.20chapters 364; 480; repealing Minnesota Statutes 2006, section 609.103.
1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.22    Section 1. Minnesota Statutes 2006, section 13.87, subdivision 3, is amended to read:
1.23    Subd. 3. Internet access. (a) The Bureau of Criminal Apprehension shall establish
1.24and maintain an Internet Web site containing public criminal history data by July 1, 2004.
1.25    (b) Notwithstanding section 13.03, subdivision 3, paragraph (a), the bureau may
1.26charge a fee for Internet access to public criminal history data provided through August 1,
1.272005. The fee may not exceed $5 per inquiry or the amount needed to recoup the actual
1.28cost of implementing and providing Internet access, whichever is less. Fees collected must
1.29be deposited in the general fund as a nondedicated receipt.
2.1    (c) The Web site must include a notice to the subject of data of the right to contest
2.2the accuracy or completeness of data, as provided under section 13.04, subdivision 4,
2.3and provide a telephone number and address that the subject may contact for further
2.4information on this process.
2.5    (d) The Web site must include the effective date of data that is posted.
2.6    (e) The Web site must include a description of the types of criminal history data not
2.7available on the site, including arrest data, juvenile data, criminal history data from other
2.8states, federal data, data on convictions where 15 years have elapsed since discharge of the
2.9sentence, and other data that are not accessible to the public.
2.10    (f) A person who intends to access the Web site to obtain information regarding an
2.11applicant for employment, housing, or credit must disclose to the applicant the intention to
2.12do so. The Web site must include a notice that a person obtaining such access must notify
2.13the applicant when a background check using this Web site has been conducted.
2.14    (g) This subdivision does not create a civil cause of action on behalf of the data
2.15subject.
2.16    (h) This subdivision expires July 31, 2007.
2.17EFFECTIVE DATE.This section is effective retroactively from July 31, 2007.

2.18    Sec. 2. Minnesota Statutes 2006, section 241.27, is amended by adding a subdivision
2.19to read:
2.20    Subd. 1a. Marketing plan. The commissioner of corrections, in conjunction with
2.21the commissioner of employment and economic development, shall develop and maintain
2.22a formal marketing plan to attract private sector businesses and industries to employ
2.23inmate services through MINNCOR industries. The plan shall be reviewed and updated
2.24annually by the commissioner of corrections.
2.25EFFECTIVE DATE.This section is effective July 1, 2008.

2.26    Sec. 3. Minnesota Statutes 2006, section 364.03, subdivision 3, is amended to read:
2.27    Subd. 3. Evidence of rehabilitation. (a) A person who has been convicted of a
2.28crime or crimes which directly relate to the public employment sought or to the occupation
2.29for which a license is sought shall not be disqualified from the employment or occupation
2.30if the person can show competent evidence of sufficient rehabilitation and present fitness
2.31to perform the duties of the public employment sought or the occupation for which
2.32the license is sought. Sufficient evidence of rehabilitation may be established by the
2.33production of a certificate of good conduct under section 364.19 or:
3.1    (1) a copy of the local, state, or federal release order; and
3.2    (2) evidence showing that at least one year has elapsed since release from any local,
3.3state, or federal correctional institution without subsequent conviction of a crime; and
3.4evidence showing compliance with all terms and conditions of probation or parole; or
3.5    (3) a copy of the relevant Department of Corrections discharge order or other
3.6documents showing completion of probation or parole supervision.
3.7    (b) In addition to the documentary evidence presented, the licensing or hiring
3.8authority shall consider any evidence presented by the applicant regarding:
3.9    (1) the nature and seriousness of the crime or crimes for which convicted;
3.10    (2) all circumstances relative to the crime or crimes, including mitigating
3.11circumstances or social conditions surrounding the commission of the crime or crimes;
3.12    (3) the age of the person at the time the crime or crimes were committed;
3.13    (4) the length of time elapsed since the crime or crimes were committed; and
3.14    (5) all other competent evidence of rehabilitation and present fitness presented,
3.15including, but not limited to, letters of reference by persons who have been in contact with
3.16the applicant since the applicant's release from any local, state, or federal correctional
3.17institution.
3.18EFFECTIVE DATE.This section is effective July 1, 2008.

3.19    Sec. 4. Minnesota Statutes 2006, section 364.09, is amended to read:
3.20364.09 EXCEPTIONS.
3.21    (a) This chapter does not apply to the licensing process for peace officers;, to law
3.22enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f);, or to fire
3.23protection agencies;. Sections 364.01 to 364.10 do not apply to eligibility for a private
3.24detective or protective agent license; to the licensing and background study process under
3.25chapters 245A and 245C; to eligibility for school bus driver endorsements; to eligibility
3.26for special transportation service endorsements; to eligibility for a commercial driver
3.27training instructor license, which is governed by section 171.35 and rules adopted under
3.28that section; to emergency medical services personnel, or to the licensing by political
3.29subdivisions of taxicab drivers, if the applicant for the license has been discharged from
3.30sentence for a conviction within the ten years immediately preceding application of a
3.31violation of any of the following:
3.32    (1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
3.33subdivision 2 or 3 ;
4.1    (2) any provision of chapter 152 that is punishable by a maximum sentence of
4.215 years or more; or
4.3    (3) a violation of chapter 169 or 169A involving driving under the influence, leaving
4.4the scene of an accident, or reckless or careless driving.
4.5This chapter also shall not apply to eligibility for juvenile corrections employment, where
4.6the offense involved child physical or sexual abuse or criminal sexual conduct.
4.7    (b) This chapter does Sections 364.01 to 364.10 do not apply to a school district or
4.8to eligibility for a license issued or renewed by the Board of Teaching or the commissioner
4.9of education.
4.10    (c) Nothing in this section precludes the Minnesota Police and Peace Officers
4.11Training Board or the state fire marshal from recommending policies set forth in this
4.12chapter to the attorney general for adoption in the attorney general's discretion to apply to
4.13law enforcement or fire protection agencies.
4.14    (d) This chapter does Sections 364.01 to 364.10 do not apply to a license to practice
4.15medicine that has been denied or revoked by the Board of Medical Practice pursuant to
4.16section 147.091, subdivision 1a.
4.17EFFECTIVE DATE.This section is effective July 1, 2008.

4.18    Sec. 5. [364.19] CERTIFICATE OF GOOD CONDUCT.
4.19    Subdivision 1. Petition; filing fee. (a) A person who has been convicted or
4.20adjudicated delinquent for a crime may petition a court for a certificate of good conduct as
4.21provided in this section. A petition may seek a certificate for a single crime or multiple
4.22crimes. When filing the petition, the person shall pay a filing fee in the amount required
4.23under section 357.021, subdivision 2, clause (1).
4.24    (b) A person is not eligible for a certificate of good conduct and may not file a
4.25petition under this section if the person has filed a petition for a certificate of good conduct
4.26or expungement in the past two years.
4.27    Subd. 2. Contents of petition. (a) A petition for a certificate of good conduct must
4.28be signed under oath by the petitioner and state the following:
4.29    (1) the petitioner's full name and all other legal names or aliases by which the
4.30petitioner has been known at any time;
4.31    (2) the petitioner's date of birth;
4.32    (3) all of the petitioner's addresses from the date of the offense in connection with
4.33which a certificate is sought, to the date of the petition;
4.34    (4) why the certificate is sought and why it should be granted;
5.1    (5) the details of the offense for which the certificate is sought, including the date
5.2and jurisdiction of the offense; either the names of any victims or that there were no
5.3identifiable victims; whether there is a current order for protection, restraining order, or
5.4other no contact order prohibiting the petitioner from contacting the victims or whether
5.5there has ever been a prior order for protection or restraining order prohibiting the
5.6petitioner from contacting the victims; the court file number; and the date of conviction;
5.7    (6) what steps the petitioner has taken since the time of the offense toward personal
5.8rehabilitation, including treatment, work, or other personal history that demonstrates
5.9rehabilitation;
5.10    (7) the petitioner's criminal conviction record indicating all convictions for
5.11misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable
5.12convictions in any other state, federal court, or foreign country, whether the convictions
5.13occurred before or after the conviction for which the certificate is sought;
5.14    (8) the petitioner's criminal charges record indicating all prior and pending criminal
5.15charges against the petitioner in this state or another jurisdiction, including all criminal
5.16charges that have been continued for dismissal or stayed for adjudication, or have been the
5.17subject of pretrial diversion; and
5.18    (9) all prior requests by the petitioner, whether for the present offense or for any
5.19other offenses, in this state or any other state or federal court, for pardon, return of arrest
5.20records, expungement or sealing of a criminal record, or certificate of good conduct or
5.21similar certificate, whether granted or not, and all stays of adjudication or imposition of
5.22sentence involving the petitioner.
5.23    (b) If there is a current order for protection, restraining order, or other no contact
5.24order prohibiting the petitioner from contacting the victims or there has ever been a prior
5.25order for protection or restraining order prohibiting the petitioner from contacting the
5.26victims, the petitioner shall attach a copy of the order to the petition.
5.27    Subd. 3. Service of petition and proposed order. (a) The petitioner shall serve by
5.28mail the petition for a certificate of good conduct and a proposed certificate order on the
5.29prosecutorial office that had jurisdiction over the offense for which the certificate is sought.
5.30    (b) The prosecutorial office that had jurisdiction over the offense for which the
5.31certificate is sought shall serve by mail the petition for the certificate and the proposed
5.32certificate order on any victims of the offense for which the certificate is sought who have
5.33requested notice pursuant to section 611A.06. Service under this paragraph does not
5.34constitute a violation of an existing order for protection, restraining order, or other no
5.35contact order.
6.1    (c) The prosecutorial office's notice to victims of the offense under this subdivision
6.2must specifically inform the victims of the victims' right to be present and to submit an
6.3oral or written statement at the hearing described in subdivision 4.
6.4    Subd. 4. Hearing. If the petition is filed in the judicial district where the offender
6.5was sentenced, the sentencing judge should preside over the hearing when possible. A
6.6victim of the offense for which a certificate is sought has a right to submit an oral or
6.7written statement to the court at the time of the hearing describing any conduct of the
6.8offender that has occurred after the offender's sentencing that is relevant to the issue of
6.9whether the offender has been rehabilitated, including the effect of this conduct upon the
6.10victim. The judge shall consider the victim's statement when making a decision.
6.11    Subd. 5. Eligibility. A person is eligible for a certificate of good conduct under this
6.12section if the following conditions are met:
6.13    (1) the person has been successfully discharged from the sentence imposed for the
6.14offense for which the certificate is sought and is not under correctional supervision for
6.15any other offense;
6.16    (2) the person is not currently required to register as a predatory offender under
6.17section 243.166;
6.18    (3) the person has been law abiding for the following period immediately preceding
6.19the filing of the petition: (i) for a person convicted of a crime against the person or who
6.20was required to register as a predatory offender, five years; or (ii) for all other persons,
6.21three years;
6.22    (4) the person demonstrates rehabilitation, which may be shown, among other
6.23ways, by evidence of the person's good character, employment, volunteer activities, or
6.24participation in vocational, educational, treatment, or rehabilitation programs;
6.25    (5) the person has paid or the court determines the person is making a good faith
6.26and consistent effort to pay court-ordered fines, restitution, and other costs related to the
6.27crime for which the certificate is sought;
6.28    (6) for petitions for certificates for crimes where an element of the offense involved
6.29alcohol or a controlled substance, that the person is not abusing alcohol or using a
6.30controlled substance;
6.31    (7) the issuance of the certificate is consistent with the public interest; and
6.32    (8) any other factor deemed relevant by the court, including, but not limited to, the
6.33severity of the conduct that constituted the offense for which the certificate is sought.
6.34    Subd. 6. Issuance of certificate. A judge shall issue a certificate of good conduct
6.35to a petitioner if the petitioner establishes by a preponderance of the evidence that the
7.1petitioner meets the eligibility requirements specified in subdivisions 1, paragraph (b); 5,
7.2clauses (1) to (7); and any other factor required by the court under subdivision 5, clause (8).
7.3    Subd. 7. Record with Bureau of Criminal Apprehension. After ruling on a
7.4petition under this section, the court shall notify the Bureau of Criminal Apprehension of
7.5the court's ruling. The bureau shall record the court's ruling on the petitioner's criminal
7.6record.
7.7    Subd. 8. Effect of certificate. (a) A certificate of good conduct issued under this
7.8section creates a presumption of rehabilitation in favor of the person to whom it was
7.9issued and relieves the person of any state-imposed collateral sanction, as defined in
7.10section 609B.050, relating to eligibility for housing, employment, or professional or
7.11occupational licensing arising from a crime for which the certificate was issued. For
7.12background studies under chapter 245C, the commissioner of human services may not
7.13disqualify any individual solely for a crime for which the individual has received a
7.14certificate of good conduct. When an individual obtains a certificate of good conduct for
7.15a crime for which the commissioner of human services had previously disqualified the
7.16individual, upon presentation of the certificate of good conduct by the individual, the
7.17commissioner shall rescind the relevant disqualification.
7.18    (b) A certificate of good conduct has no effect on collateral sanctions that are
7.19unrelated to housing, employment, or licensing.
7.20    (c) Consistent with paragraph (a) and other applicable law, a housing or licensing
7.21authority or employer may, but is not required to, take into account a conviction that is
7.22the subject of a certificate of good conduct when making a housing, licensing, or hiring
7.23decision.
7.24    (d) A housing or licensing authority or employer is not civilly or criminally liable for
7.25relying on a certificate of good conduct when offering housing, employment, or licensing
7.26to a person. This paragraph does not relieve a person from any other legal duty in making
7.27a housing, employment, or licensing decision not related to the conduct that is the subject
7.28of the certificate of good conduct.
7.29    (e) Evidence relating to a conviction for which a certificate of good conduct has been
7.30issued is inadmissible in a civil action against a housing or licensing authority or employer
7.31for negligence or other fault in renting, leasing, licensing, or hiring if the authority or
7.32employer relied on the certificate when making the underlying decision.
7.33    (f) The existence of a certificate of good conduct is admissible as evidence of
7.34reasonable care by a person who relied on it when making a housing, licensing, or hiring
7.35decision related to the subject of the certificate.
8.1    Subd. 9. Revocation. A certificate of good conduct is revoked by operation of law
8.2if the subject of the certificate is subsequently convicted or adjudicated delinquent for
8.3a new crime.
8.4    Subd. 10. Limited effect. A certificate of good conduct has only the effect given
8.5in this section. A certificate does not act as a pardon or expungement. The certificate
8.6does not relieve the person to whom it was issued of any collateral sanctions or legal
8.7disabilities related to predatory offender registration, eligibility to possess firearms, or
8.8driver's license sanctions.
8.9    Subd. 11. Crime for misuse. Unless a greater penalty is specified elsewhere in
8.10statute, a person who knowingly uses or attempts to use a revoked certificate of good
8.11conduct or who fraudulently alters or forges a certificate of good conduct is guilty of a
8.12misdemeanor.
8.13EFFECTIVE DATE.This section is effective July 1, 2008.

8.14    Sec. 6. [364.20] USE OF NONCONVICTION RECORDS BY PRIVATE
8.15EMPLOYERS; IMMUNITY FROM CIVIL LIABILITY.
8.16    Subdivision 1. Definitions. For purposes of this section:
8.17    (1) "conviction" has the meaning given in section 609.02, subdivision 5;
8.18    (2) "nonconviction criminal record" means a record of an arrest, citation, complaint,
8.19prosecution, or other record relating to a criminal proceeding that is not pending and did
8.20not result in a conviction; stayed sentence under section 152.18, subdivision 1; or referral
8.21to a diversion program; and
8.22    (3) "private employer" means a person hiring or employing individuals in this state,
8.23but does not include the state or a political subdivision of the state governed by sections
8.24364.01 to 364.10.
8.25    Subd. 2. Use of nonconviction records for private employment. Unless a
8.26criminal background investigation is specifically required or permitted by law, a private
8.27employer must not:
8.28    (1) request information regarding a nonconviction criminal record from an employee
8.29or prospective employee or obtain access to a nonconviction criminal record from another
8.30source; or
8.31    (2) take adverse action against an employee or prospective employee based on a
8.32nonconviction criminal record.
8.33    Subd. 3. Affirmative defense. (a) To the extent a criminal record as of the date an
8.34individual was hired is alleged as the basis for negligent hiring, a private employer shall
8.35not be held liable for the hiring of the individual if the employer establishes that they
9.1followed the provisions applicable to public employers in section 364.03 and reasonably
9.2determined that:
9.3    (1) the conviction did not directly relate to the position of employment being sought;
9.4or
9.5    (2) the individual showed evidence of sufficient rehabilitation and present fitness to
9.6perform the duties of the employment being sought.
9.7    (b) This subdivision does not create any duty on the part of an employer to follow
9.8the provisions of paragraph (a).
9.9    Subd. 4. Remedy. A private employer who violates subdivision 2 is liable to the
9.10individual who is the subject of the criminal record for $1,000 or actual damages caused
9.11by the violation, whichever is greater, plus costs and disbursements and reasonable
9.12attorney fees.
9.13EFFECTIVE DATE.This section is effective August 1, 2008.

9.14    Sec. 7. Minnesota Statutes 2006, section 373.47, subdivision 1, is amended to read:
9.15    Subdivision 1. Authority to incur debt. Subject to prior approval by the Public
9.16Safety Radio System Planning Committee Statewide Radio Board under section 403.36,
9.17the governing body of a county may finance the cost of designing, constructing, and
9.18acquiring public safety communication system infrastructure and equipment for use on the
9.19statewide, shared public safety radio system by issuing:
9.20    (1) capital improvement bonds under section 373.40, as if the infrastructure and
9.21equipment qualified as a "capital improvement" within the meaning of section 373.40,
9.22subdivision 1 , paragraph (b); and
9.23    (2) capital notes under the provisions of section 373.01, subdivision 3, as if the
9.24equipment qualified as "capital equipment" within the meaning of section 373.01,
9.25subdivision 3 .
9.26EFFECTIVE DATE.This section is effective August 1, 2008.

9.27    Sec. 8. [480.237] ELECTRONIC PAYMENTS; CONVENIENCE FEES;
9.28RECORDS ACCESS.
9.29    (a) The judicial branch may accept credit cards, charge cards, debit cards, or other
9.30methods of electronic funds transfer for government fees and payments ordered by a court.
9.31    (b) The judicial branch may impose a convenience fee to be added to each
9.32transaction. The total amount of the convenience fee may not exceed the transaction fee
9.33charged by a processing contractor for the credit services during the most recent collection
10.1period. Each court imposing a convenience fee must notify the person using the credit
10.2services of the fee before the transaction is processed. Fees collected under this section
10.3are appropriated to the level of court that imposed the fee for the purposes of paying
10.4the processing contractor.
10.5    (c) Records relating to credit card, charge card, debit card, or other method of
10.6electronic funds transfer account numbers collected by the judicial branch in connection
10.7with a transaction under this section are not accessible to the general public.
10.8EFFECTIVE DATE.This section is effective July 1, 2008.

10.9    Sec. 9. Minnesota Statutes 2006, section 609.115, is amended by adding a subdivision
10.10to read:
10.11    Subd. 10. Military veterans. (a) When a defendant appears in court and is
10.12convicted of a crime, the court shall inquire whether the defendant is currently serving in
10.13or is a veteran of the armed forces of the United States.
10.14    (b) If the defendant is currently serving in the military or is a veteran and has been
10.15diagnosed as having a mental illness by a qualified psychiatrist or clinical psychologist or
10.16physician, the court may:
10.17    (1) order that the officer preparing the report under subdivision 1 consult with the
10.18United States Department of Veterans Affairs, Minnesota Department of Veterans Affairs,
10.19or another agency or person with suitable knowledge or experience, for the purpose
10.20of providing the court with information regarding treatment options available to the
10.21defendant, including federal, state, and local programming; and
10.22    (2) consider the treatment recommendations of any diagnosing or treating mental
10.23health professionals together with the treatment options available to the defendant in
10.24imposing sentence.
10.25EFFECTIVE DATE.This section is effective August 1, 2008.

10.26    Sec. 10. Minnesota Statutes 2006, section 609A.03, subdivision 1, is amended to read:
10.27    Subdivision 1. Petition; filing fee. (a) An individual who is the subject of a criminal
10.28record who is seeking the expungement of the record shall file a petition under this section
10.29and pay a filing fee in the amount required under section 357.021, subdivision 2, clause
10.30(1). The filing fee may be waived in cases of indigency and shall be waived in the cases
10.31described in section 609A.02, subdivision 3.
11.1    (b) A person is not eligible for an expungement and may not file a petition under
11.2this chapter if the person has filed a petition for an expungement or a certificate of good
11.3conduct under section 364.19 in the past two years.
11.4EFFECTIVE DATE.This section is effective July 1, 2008.

11.5    Sec. 11. Minnesota Statutes 2006, section 609A.03, subdivision 2, is amended to read:
11.6    Subd. 2. Contents of petition. (a) A petition for expungement shall be signed under
11.7oath by the petitioner and shall state the following:
11.8    (1) the petitioner's full name and all other legal names or aliases by which the
11.9petitioner has been known at any time;
11.10    (2) the petitioner's date of birth;
11.11    (3) all of the petitioner's addresses from the date of the offense or alleged offense in
11.12connection with which an expungement order is sought, to the date of the petition;
11.13    (4) why expungement is sought, if it is for employment or licensure purposes, the
11.14statutory or other legal authority under which it is sought, and why it should be granted;
11.15    (5) the details of the offense or arrest for which expungement is sought, including
11.16the date and jurisdiction of the occurrence, either the names of any victims or that there
11.17were no identifiable victims, whether there is a current order for protection, restraining
11.18order, or other no contact order prohibiting the petitioner from contacting the victims or
11.19whether there has ever been a prior order for protection or restraining order prohibiting the
11.20petitioner from contacting the victims, the court file number, and the date of conviction
11.21or of dismissal;
11.22    (6) in the case of a conviction, what steps the petitioner has taken since the time of
11.23the offense toward personal rehabilitation, including treatment, work, or other personal
11.24history that demonstrates rehabilitation;
11.25    (7) petitioner's criminal conviction record indicating all convictions for
11.26misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable
11.27convictions in any other state, federal court, or foreign country, whether the convictions
11.28occurred before or after the arrest or conviction for which expungement is sought;
11.29    (8) petitioner's criminal charges record indicating all prior and pending criminal
11.30charges against the petitioner in this state or another jurisdiction, including all criminal
11.31charges that have been continued for dismissal or stayed for adjudication, or have been the
11.32subject of pretrial diversion; and
11.33    (9) all prior requests by the petitioner, whether for the present offense or for any
11.34other offenses, in this state or any other state or federal court, for pardon, return of arrest
11.35records, a certificate of good conduct or similar certificate, or expungement or sealing of
12.1a criminal record, whether granted or not, and all stays of adjudication or imposition of
12.2sentence involving the petitioner.
12.3    (b) If there is a current order for protection, restraining order, or other no contact
12.4order prohibiting the petitioner from contacting the victims or there has ever been a prior
12.5order for protection or restraining order prohibiting the petitioner from contacting the
12.6victims, the petitioner shall attach a copy of the order to the petition.
12.7EFFECTIVE DATE.This section is effective July 1, 2008.

12.8    Sec. 12. Minnesota Statutes 2006, section 611A.06, subdivision 1a, is amended to read:
12.9    Subd. 1a. Notice of expungement or certificate of good conduct required. The
12.10prosecuting authority with jurisdiction over an offense for which expungement or a
12.11certificate of good conduct under section 364.19 is being sought shall make a good faith
12.12effort to notify a victim that the expungement or a certificate is being sought if: (1) the
12.13victim has mailed to the prosecuting authority with jurisdiction over an offense for which
12.14expungement or a certificate is being sought a written request for this notice, or (2) the
12.15victim has indicated on a request for notice of expungement release submitted under
12.16subdivision 1 a desire to be notified in the event the offender seeks an expungement or a
12.17certificate for the offense.
12.18    A copy of any written request for a notice of expungement or a certificate request
12.19received by the commissioner of corrections or other custodial authority shall be
12.20forwarded to the prosecutorial authority with jurisdiction over the offense to which the
12.21notice relates. The prosecutorial authority complies with this section upon mailing a copy
12.22of an expungement or a certificate petition relating to the notice to the address which the
12.23victim has most recently provided in writing.
12.24EFFECTIVE DATE.This section is effective July 1, 2008.

12.25    Sec. 13. Laws 2007, chapter 54, article 1, section 5, is amended to read:

12.26

Sec. 5. TRIAL COURTS

$

246,077,000

$

254,916,000

12.27New Judge Units. $1,792,000 the first year
12.28and $3,241,000 the second year are for an
12.29increase in judge units, including three trial
12.30court judge units in the First Judicial District,
12.31one trial court judge unit in the Seventh
12.32Judicial District, one trial court judge unit in
12.33the Ninth Judicial District and two trial court
13.1judge units in the Tenth Judicial District.
13.2These new judge units begin on January 1,
13.32008. Each judge unit consists of a judge,
13.4law clerk, and court reporter.
13.5Maintain and Expand Drug Courts.
13.6$2,096,000 the first year and $2,097,000 the
13.7second year are to maintain and to establish
13.8new drug courts.
13.9Guardian Ad Litem Services. $1,260,000
13.10the first year and $1,629,000 the second year
13.11are for guardian ad litem services.
13.12Interpreter Services. $606,000 the first
13.13year and $777,000 the second year are for
13.14interpreter services.
13.15Psychological Services. $1,531,000 the first
13.16year and $2,151,000 the second year are for
13.17psychological services.
13.18In Forma Pauperis Services. $178,000
13.19each year is for in forma pauperis services.
13.20EFFECTIVE DATE.This section is effective July 1, 2008.

13.21    Sec. 14. Laws 2007, chapter 54, article 1, section 9, is amended to read:

13.22

Sec. 9. BOARD OF PUBLIC DEFENSE

$

66,348,000

$

69,519,000

13.23District Public Defense Caseload Increase.
13.24$3,213,000 the first year and $5,009,000
13.25the second year are for 34 new full-time
13.26equivalent attorneys and 11 new full-time
13.27equivalent support staff positions to address
13.28caseload increases. Of this amount, $200,000
13.29each year is for transcript costs.
13.30EFFECTIVE DATE.This section is effective July 1, 2008.

14.1    Sec. 15. GUIDELINES FOR REVOCATION OF PAROLE AND SUPERVISED
14.2RELEASE; DEPARTMENT OF CORRECTIONS INTERNAL REVIEW; REPORT
14.3TO LEGISLATURE.
14.4    The commissioner of corrections shall perform an internal review of the
14.5department's guidelines for revocation of parole and supervised release. At a minimum,
14.6the commissioner shall assess: (1) the appropriateness and proportionality of the sanctions
14.7set forth in the guidelines; (2) the use of intermediate sanctions and the potential for
14.8expanding the use and number of intermediate sanctions; and (3) the option of capping the
14.9number of days that an offender may be re-incarcerated for a parole or supervised release
14.10violation. By March 1, 2009, the commissioner shall report the results of the internal
14.11review to the chairs and ranking minority members of the senate and house committees
14.12and divisions having jurisdiction over criminal justice policy and funding.
14.13EFFECTIVE DATE.This section is effective August 1, 2008.

14.14    Sec. 16. WORKING GROUP ON CONTROLLED SUBSTANCE LAWS;
14.15REPORT TO LEGISLATURE.
14.16    Subdivision 1. Establishment; membership; staff. (a) The working group on the
14.17state's controlled substance laws shall include:
14.18    (1) two representatives of the Minnesota County Attorneys Association;
14.19    (2) two representatives of the Board of Public Defense;
14.20    (3) three representatives of state law enforcement associations, including one
14.21sheriff, one chief of police, and one member of the Minnesota Police and Peace Officers
14.22Association;
14.23    (4) two representatives of the Judicial Council;
14.24    (5) one representative from community corrections or probation;
14.25    (6) one expert in the fields of drug treatment and controlled substance laws;
14.26    (7) two individuals who are not affiliated with any of the associations in clauses (1)
14.27to (6) and who have relevant experience related to sentencing policy or the criminal justice
14.28field, one of whom shall be appointed by the speaker of the house of representatives and
14.29one of whom shall be appointed by the Subcommittee on Committees of the Committee
14.30on Rules and Administration of the senate; and
14.31    (8) four community members that reside in areas adversely affected by controlled
14.32substance crimes and violent crimes, two of whom shall be appointed by the speaker of
14.33the house of representatives and two of whom shall be appointed by the Subcommittee
14.34on Committees of the Committee on Rules and Administration of the senate. One of the
14.35community members appointed by the senate must be a member of a community crime
15.1prevention organization. Of the community members appointed by the senate, one must
15.2reside in Minneapolis and one must reside in outstate Minnesota. Of the community
15.3members appointed by the house, one must reside in St. Paul and one must reside in a
15.4suburb of Minneapolis or St. Paul.
15.5    (b) Before making the appointments required under paragraph (a), the legislative
15.6appointing authorities must consider the recommendations of the chairs and ranking
15.7minority members of the committees and divisions in their respective legislative body
15.8with jurisdiction over criminal justice and policy funding.
15.9    (c) The appointments under paragraph (a) must be completed by July 1, 2008.
15.10Staff support for the working group shall be provided by the Sentencing Guidelines
15.11Commission. The executive director of the Sentencing Guidelines Commission or the
15.12executive director's designee shall convene the first meeting of the working group. The
15.13working group shall elect its chair from its membership at the first meeting.
15.14    Subd. 2. Subject matter. (a) The working group must review, assess, and make
15.15specific recommendations, including any necessary draft legislation regarding the
15.16following alternatives for modification of Minnesota's controlled substance laws:
15.17    (1) revising the threshold amounts for Minnesota's controlled substance crimes;
15.18    (2) establishing a separate sentencing guidelines grid for drug offenses;
15.19    (3) establishing additional aggravating factors so as to target certain particularly
15.20dangerous offenders;
15.21    (4) revising the criminal history point calculations for repeat drug offenders;
15.22    (5) maximizing the use of deferred prosecutions for low-level drug offenders under
15.23section 152.18 throughout the state; and
15.24    (6) increasing the use of the early release program for nonviolent controlled
15.25substance offenders who successfully complete drug treatment while incarcerated as
15.26provided in section 244.055.
15.27    (b) As part of its review of the various possible reforms, the working group may
15.28also study and consider:
15.29    (1) the significance, if any, of current rates of departure from presumptive guideline
15.30sentences for controlled substance crimes;
15.31    (2) the significance, if any, of current rates of departure from presumptive guideline
15.32sentences for controlled substance crimes for identifiable categories of offenders;
15.33    (3) the impact that recent United States Supreme Court criminal sentencing decisions
15.34have on implementing further reform;
15.35    (4) the barriers to comparing Minnesota's sentencing data with data from other states;
16.1    (5) strategies for reducing probation and supervised release violations among drug
16.2offenders;
16.3    (6) strategies for increasing the efficacy of programs that are now available to treat
16.4drug offenders;
16.5    (7) the likely impact of any recommended change in policy upon victims of
16.6drug-related crimes and the neighborhoods in which these crimes occur;
16.7    (8) the likely impact of any recommended change in policy upon the efficacy of law
16.8enforcement, prosecution, public defender, or court personnel; or
16.9    (9) any other sentencing-related matter that the working group sees fit to consider.
16.10    Subd. 3. Report to legislature. The working group shall report its findings
16.11and recommendations to the chairs and ranking minority members of the house of
16.12representatives and senate committees and divisions with jurisdiction over criminal justice
16.13policy and funding by January 15, 2009. The working group expires upon the submission
16.14of the report required by this subdivision.
16.15EFFECTIVE DATE.This section is effective the day following final enactment.

16.16    Sec. 17. APPROPRIATIONS.
16.17    (a) $1,034,000 is appropriated to the district courts for the fiscal year ending June
16.1830, 2009, from the general fund to implement Minnesota Statutes, section 364.19.
16.19    (b) $166,000 is appropriated to the commissioner of public safety for the fiscal year
16.20ending June 30, 2009, from the general fund to implement Minnesota Statutes, section
16.21364.19.

16.22    Sec. 18. REPEALER.
16.23Minnesota Statutes 2006, section 609.103, is repealed.
16.24EFFECTIVE DATE.This section is effective July 1, 2008.