SF 917

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am

A bill for an act
relating to public safety; amending statutes to reflect organizational changes in
Bureau of Criminal Apprehension; amending Minnesota Statutes 2008, sections
13.87, subdivision 1; 84.027, subdivision 17; 122A.18, subdivision 8; 123B.03,
subdivision 1; 246.13, subdivision 2; 253B.141, subdivision 1; 299C.115;
299C.40, subdivision 1; 299C.46, subdivision 1; 299C.52, subdivisions 1, 3, 4;
299C.53, subdivision 1; 299C.62, subdivision 1; 299C.65, subdivisions 1, 5;
299C.68, subdivision 2; 388.24, subdivision 4; 401.065, subdivision 3a; 480.23;
518.165, subdivision 5; 524.5-118, subdivision 2; 611.272; 628.69, subdivision
6; repealing Minnesota Statutes 2008, sections 299C.61, subdivision 8; 299C.67,
subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 13.87, subdivision 1, is amended to read:

Subdivision 1.

Criminal history data.

(a) Definition. For purposes of this
subdivision, "criminal history data" means all data maintained in criminal history
records compiled by the Bureau of Criminal Apprehension deleted text begin and disseminated through
the criminal justice information system deleted text end , including, but not limited to fingerprints,
photographs, identification data, arrest data, prosecution data, criminal court data, custody
and supervision data.

(b) Classification. Criminal history data maintained by agencies, political
subdivisions and statewide systems are classified as private, pursuant to section 13.02,
subdivision 12, except that data created, collected, or maintained by the Bureau of
Criminal Apprehension that identify an individual who was convicted of a crime, the
offense of which the individual was convicted, associated court disposition and sentence
information, controlling agency, and confinement information are public data for 15 years
following the discharge of the sentence imposed for the offense. If an individual's name
or other identifying information is erroneously associated with a criminal history and a
determination is made through a fingerprint verification that the individual is not the
subject of the criminal history, the name or other identifying information must be redacted
from the public criminal history data. The name and other identifying information must be
retained in the criminal history and are classified as private data.

The Bureau of Criminal Apprehension shall provide to the public at the central office
of the bureau the ability to inspect in person, at no charge, through a computer monitor the
criminal conviction data classified as public under this subdivision.

(c) Limitation. Nothing in paragraph (a) or (b) shall limit public access to data
made public by section 13.82.

Sec. 2.

Minnesota Statutes 2008, section 84.027, subdivision 17, is amended to read:

Subd. 17.

Background checks for volunteer instructors.

(a) The commissioner
may conduct background checks for volunteer instructor applicants for department safety
training and education programs, including the programs established under sections
84.791 (youth off-highway motorcycle safety education and training), 84.86 and 84.862
(youth and adult snowmobile safety training), 84.925 (youth all-terrain vehicle safety
education and training), 97B.015 (youth firearms safety training), and 97B.025 (hunter
and trapper education and training).

(b) The commissioner shall perform the background check by retrieving criminal
history data new text begin as defined in section 13.87 new text end maintained deleted text begin in the criminal justice information
system (CJIS) deleted text end new text begin by the Bureau of Criminal Apprehension in the Department of Public
Safety new text end and other data sources.

(c) The commissioner shall develop a standardized form to be used for requesting a
background check, which must include:

(1) a notification to the applicant that the commissioner will conduct a background
check under this section;

(2) a notification to the applicant of the applicant's rights under paragraph (d); and

(3) a signed consent by the applicant to conduct the background check expiring one
year from the date of signature.

(d) The volunteer instructor applicant who is the subject of a background check
has the right to:

(1) be informed that the commissioner will request a background check on the
applicant;

(2) be informed by the commissioner of the results of the background check and
obtain a copy of the background check;

(3) obtain any record that forms the basis for the background check and report;

(4) challenge the accuracy and completeness of the information contained in the
report or a record; and

(5) be informed by the commissioner if the applicant is rejected because of the
result of the background check.

Sec. 3.

Minnesota Statutes 2008, section 122A.18, subdivision 8, is amended to read:

Subd. 8.

Background checks.

(a) The Board of Teaching and the commissioner
of education must request a criminal history background check from the superintendent
of the Bureau of Criminal Apprehension on all applicants for initial licenses under their
jurisdiction. An application for a license under this section must be accompanied by:

(1) an executed criminal history consent form, including fingerprints; and

(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
for the fee for conducting the criminal history background check.

(b) The superintendent of the Bureau of Criminal Apprehension shall perform
the background check required under paragraph (a) by retrieving criminal history data
deleted text begin maintained in the criminal justice information system computers deleted text end new text begin as defined in section
13.87 new text end and shall also conduct a search of the national criminal records repository deleted text begin , including
the criminal justice data communications network deleted text end . The superintendent is authorized to
exchange fingerprints with the Federal Bureau of Investigation for purposes of the criminal
history check. The superintendent shall recover the cost to the bureau of a background
check through the fee charged to the applicant under paragraph (a).

(c) The Board of Teaching or the commissioner of education may issue a license
pending completion of a background check under this subdivision, but must notify
the individual that the individual's license may be revoked based on the result of the
background check.

Sec. 4.

Minnesota Statutes 2008, section 123B.03, subdivision 1, is amended to read:

Subdivision 1.

Background check required.

(a) A school hiring authority shall
request a criminal history background check from the superintendent of the Bureau of
Criminal Apprehension on all individuals who are offered employment in a school and
on all individuals, except enrolled student volunteers, who are offered the opportunity to
provide athletic coaching services or other extracurricular academic coaching services to a
school, regardless of whether any compensation is paid. In order for an individual to be
eligible for employment or to provide the services, the individual must provide an executed
criminal history consent form and a money order or check payable to either the Bureau of
Criminal Apprehension or the school hiring authority, at the discretion of the school hiring
authority, in an amount equal to the actual cost to the Bureau of Criminal Apprehension
and the school district of conducting the criminal history background check. A school
hiring authority deciding to receive payment may, at its discretion, accept payment in the
form of a negotiable instrument other than a money order or check and shall pay the
superintendent of the Bureau of Criminal Apprehension directly to conduct the background
check. The superintendent of the Bureau of Criminal Apprehension shall conduct the
background check by retrieving criminal history data deleted text begin maintained in the criminal justice
information system computers deleted text end new text begin as defined in section 13.87 new text end . A school hiring authority,
at its discretion, may decide not to request a criminal history background check on an
individual who holds an initial entrance license issued by the State Board of Teaching or
the commissioner of education within the 12 months preceding an offer of employment.

(b) A school hiring authority may use the results of a criminal background check
conducted at the request of another school hiring authority if:

(1) the results of the criminal background check are on file with the other school
hiring authority or otherwise accessible;

(2) the other school hiring authority conducted a criminal background check within
the previous 12 months;

(3) the individual who is the subject of the criminal background check executes a
written consent form giving a school hiring authority access to the results of the check; and

(4) there is no reason to believe that the individual has committed an act subsequent
to the check that would disqualify the individual for employment.

(c) A school hiring authority may, at its discretion, request a criminal history
background check from the superintendent of the Bureau of Criminal Apprehension on
any individual who seeks to enter a school or its grounds for the purpose of serving as a
school volunteer or working as an independent contractor or student employee. In order
for an individual to enter a school or its grounds under this paragraph when the school
hiring authority decides to request a criminal history background check on the individual,
the individual first must provide an executed criminal history consent form and a money
order, check, or other negotiable instrument payable to the school district in an amount
equal to the actual cost to the Bureau of Criminal Apprehension and the school district
of conducting the criminal history background check. Notwithstanding section 299C.62,
subdivision 1, the cost of the criminal history background check under this paragraph is
the responsibility of the individual.

(d) For all nonstate residents who are offered employment in a school, a school
hiring authority shall request a criminal history background check on such individuals
from the superintendent of the Bureau of Criminal Apprehension and from the government
agency performing the same function in the resident state or, if no government entity
performs the same function in the resident state, from the Federal Bureau of Investigation.
Such individuals must provide an executed criminal history consent form and a money
order, check, or other negotiable instrument payable to the school hiring authority in an
amount equal to the actual cost to the government agencies and the school district of
conducting the criminal history background check. Notwithstanding section 299C.62,
subdivision 1, the cost of the criminal history background check under this paragraph is
the responsibility of the individual.

(e) At the beginning of each school year or when a student enrolls, a school hiring
authority must notify parents and guardians about the school hiring authority's policy
requiring a criminal history background check on employees and other individuals who
provide services to the school, and identify those positions subject to a background check
and the extent of the hiring authority's discretion in requiring a background check. The
school hiring authority may include the notice in the student handbook, a school policy
guide, or other similar communication. Nothing in this paragraph affects a school hiring
authority's ability to request a criminal history background check on an individual under
paragraph (c).

Sec. 5.

Minnesota Statutes 2008, section 246.13, subdivision 2, is amended to read:

Subd. 2.

Definitions; risk assessment and management.

(a) As used in this
section:

(1) "appropriate and necessary medical and other records" includes patient medical
records and other protected health information as defined by Code of Federal Regulations,
title 45, section 164.501, relating to a patient in a state-operated services facility including,
but not limited to, the patient's treatment plan and abuse prevention plan that is pertinent
to the patient's ongoing care, treatment, or placement in a community-based treatment
facility or a health care facility that is not operated by state-operated services, and
includes information describing the level of risk posed by a patient when the patient
enters the facility;

(2) "community-based treatment" means the community support services listed in
section 253B.02, subdivision 4b;

(3) "criminal history data" means those data maintained or used by the Departments
of Corrections and Public Safety and by the supervisory authorities listed in section
13.84, subdivision 1, that relate to an individual's criminal history or propensity for
violence, including data in the Corrections Offender Management System (COMS) and
Statewide Supervision System (S3) maintained by the Department of Corrections; deleted text begin the
Criminal Justice Information System (CJIS) deleted text end new text begin criminal history data as defined in section
13.873, Integrated Search Service as defined in section 13.873 new text end and the Predatory Offender
Registration (POR) system maintained by the Department of Public Safety deleted text begin ; and the
CriMNet system deleted text end ;

(4) "designated agency" means the agency defined in section 253B.02, subdivision 5;

(5) "law enforcement agency" means the law enforcement agency having primary
jurisdiction over the location where the offender expects to reside upon release;

(6) "predatory offender" and "offender" mean a person who is required to register as
a predatory offender under section 243.166; and

(7) "treatment facility" means a facility as defined in section 253B.02, subdivision 19.

(b) To promote public safety and for the purposes and subject to the requirements of
this paragraph, the commissioner or the commissioner's designee shall have access to, and
may review and disclose, medical and criminal history data as provided by this section, as
necessary to comply with Minnesota Rules, part 1205.0400:

(1) to determine whether a patient is required under state law to register as a
predatory offender according to section 243.166;

(2) to facilitate and expedite the responsibilities of the special review board and
end-of-confinement review committees by corrections institutions and state treatment
facilities;

(3) to prepare, amend, or revise the abuse prevention plans required under section
626.557, subdivision 14, and individual patient treatment plans required under section
253B.03, subdivision 7;

(4) to facilitate the custody, supervision, and transport of individuals transferred
between the Department of Corrections and the Department of Human Services; or

(5) to effectively monitor and supervise individuals who are under the authority of
the Department of Corrections, the Department of Human Services, and the supervisory
authorities listed in section 13.84, subdivision 1.

(c) The state-operated services treatment facility must make a good faith effort
to obtain written authorization from the patient before releasing information from the
patient's medical record.

(d) If the patient refuses or is unable to give informed consent to authorize the
release of information required above, the chief executive officer for state-operated
services shall provide the appropriate and necessary medical and other records. The chief
executive officer shall comply with the minimum necessary requirements.

(e) The commissioner may have access to the National Crime Information Center
(NCIC) database, through the Department of Public Safety, in support of the law
enforcement functions described in paragraph (b).

Sec. 6.

Minnesota Statutes 2008, section 253B.141, subdivision 1, is amended to read:

Subdivision 1.

Report of absence.

(a) If a patient committed under this chapter or
detained under a judicial hold is absent without authorization, and either: (1) does not
return voluntarily within 72 hours of the time the unauthorized absence began; or (2) is
considered by the head of the treatment facility to be a danger to self or others, then the
head of the treatment facility shall report the absence to the local law enforcement agency.
The head of the treatment facility shall also notify the committing court that the patient is
absent and that the absence has been reported to the local law enforcement agency. The
committing court may issue an order directing the law enforcement agency to transport the
patient to an appropriate facility.

(b) Upon receiving a report that a patient subject to this section is absent without
authorization, the local law enforcement agency shall enter information on the patient
deleted text begin through the criminal justice information system deleted text end into the missing persons file of the
National Crime Information Center computer according to the missing persons practices.

Sec. 7.

Minnesota Statutes 2008, section 299C.115, is amended to read:

299C.115 WARRANT INFORMATION PROVIDED TO STATE.

(a) By January 1, 1996, every county shall, in the manner provided in either clause
(1) or (2), make warrant information available to other users of the deleted text begin Minnesota criminal
justice information system deleted text end new text begin criminal justice data communications network as defined
in section 299C.46 new text end :

(1) the county shall enter the warrant information in the warrant file deleted text begin of the Minnesota
criminal justice information system deleted text end new text begin maintained by the Bureau of Criminal Apprehension
in the Department of Public Safety new text end ; or

(2) the county, at no charge to the state, shall make the warrant information that
is maintained in the county's computer accessible by means of a single query deleted text begin to the
Minnesota criminal justice information system deleted text end new text begin made through the Bureau of Criminal
Apprehension in the Department of Public Safety new text end .

(b) As used in this section, "warrant information" means information on all
outstanding felony, gross misdemeanor, and misdemeanor warrants for adults and
juveniles that are issued within the county.

Sec. 8.

Minnesota Statutes 2008, section 299C.40, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located
in the Department of Public Safety and managed by the Bureau of Criminal Apprehension deleted text begin ,
Criminal Justice Information Systems Section deleted text end . A reference in this section to "CIBRS"
includes the Bureau of Criminal Apprehension.

(c) "Law enforcement agency" means a Minnesota municipal police department,
the Metropolitan Transit Police, the Metropolitan Airports Police, the University of
Minnesota Police Department, the Department of Corrections Fugitive Apprehension
Unit, a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or
the Minnesota State Patrol.

Sec. 9.

Minnesota Statutes 2008, section 299C.46, subdivision 1, is amended to read:

Subdivision 1.

Establishment; interconnection.

The commissioner of public
safety shall establish a criminal justice data communications network which will enable
the interconnection of the criminal justice agencies within the state deleted text begin into a unified criminal
justice information system deleted text end . The commissioner of public safety is authorized to lease
or purchase facilities and equipment as may be necessary to establish and maintain the
data communications network.

Sec. 10.

Minnesota Statutes 2008, section 299C.52, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in sections 299C.52 to 299C.56, the following
terms have the meanings given them:

(a) "Child" means any person under the age of 18 years or any person certified or
known to be mentally incompetent.

deleted text begin (b) "CJIS" means Minnesota criminal justice information system.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end "Missing" means the status of a child after a law enforcement agency that
has received a report of a missing child has conducted a preliminary investigation and
determined that the child cannot be located.

deleted text begin (d) deleted text end new text begin (c) new text end "NCIC" means National Crime Information Center.

deleted text begin (e) deleted text end new text begin (d) new text end "Endangered" means that a law enforcement official has received sufficient
evidence that the child is with a person who presents a threat of immediate physical injury
to the child or physical or sexual abuse of the child.

Sec. 11.

Minnesota Statutes 2008, section 299C.52, subdivision 3, is amended to read:

Subd. 3.

Computer equipment and programs.

The commissioner shall provide
the necessary computer hardware and computer programs to enter, modify, and cancel
information on missing children in the NCIC computer deleted text begin through the CJIS deleted text end . These programs
must provide for search and retrieval of information using the following identifiers:
physical description, name and date of birth, name and Social Security number, name
and driver's license number, vehicle license number, and vehicle identification number.
The commissioner shall also provide a system for regional, statewide, multistate, and
nationwide broadcasts of information on missing children. These broadcasts shall be
made by local law enforcement agencies where possible or, in the case of statewide or
nationwide broadcasts, by the Bureau of Criminal Apprehension upon request of the local
law enforcement agency.

Sec. 12.

Minnesota Statutes 2008, section 299C.52, subdivision 4, is amended to read:

Subd. 4.

Authority to enter or retrieve information.

Only law enforcement
agencies may enter missing child information deleted text begin through the CJIS deleted text end into the NCIC computer or
retrieve information deleted text begin through the CJIS deleted text end from the NCIC computer.

Sec. 13.

Minnesota Statutes 2008, section 299C.53, subdivision 1, is amended to read:

Subdivision 1.

Investigation and entry of information.

Upon receiving a report
of a child believed to be missing, a law enforcement agency shall conduct a preliminary
investigation to determine whether the child is missing. If the child is initially determined
to be missing and endangered, the agency shall immediately consult the Bureau of
Criminal Apprehension during the preliminary investigation, in recognition of the fact
that the first two hours are critical. If the child is determined to be missing, the agency
shall immediately enter identifying and descriptive information about the child deleted text begin through
the CJIS deleted text end into the NCIC computer. Law enforcement agencies having direct access to deleted text begin the
CJIS and deleted text end the NCIC computer shall enter and retrieve the data directly and shall cooperate
in the entry and retrieval of data on behalf of law enforcement agencies which do not
have direct access to the systems.

Sec. 14.

Minnesota Statutes 2008, section 299C.62, subdivision 1, is amended to read:

Subdivision 1.

Generally.

The superintendent shall develop procedures to enable a
children's service provider to request a background check to determine whether a children's
service worker is the subject of any reported conviction for a background check crime.
The superintendent shall perform the background check by retrieving and reviewing data
on background check crimes deleted text begin maintained in the CJIS computers deleted text end . The superintendent is
authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes
of a criminal history check. The superintendent shall recover the cost of a background
check through a fee charged the children's service provider.

Sec. 15.

Minnesota Statutes 2008, section 299C.65, subdivision 1, is amended to read:

Subdivision 1.

Membership, duties.

(a) The Criminal and Juvenile Justice
Information Policy Group consists of the commissioner of corrections, the commissioner
of public safety, the state chief information officer, the commissioner of finance, four
members of the judicial branch appointed by the chief justice of the Supreme Court,
and the chair and first vice-chair of the Criminal and Juvenile Justice Information Task
Force. The policy group may appoint additional, nonvoting members as necessary from
time to time.

(b) The commissioner of public safety is designated as the chair of the policy group.
The commissioner and the policy group have overall responsibility for the deleted text begin successful
completion deleted text end new text begin integration new text end of statewide criminal justice information deleted text begin system integration
(CriMNet) deleted text end new text begin systems. This integration effort shall be known as CriMNet new text end . The policy group
may hire an executive director to manage the CriMNet projects and to be responsible for
the day-to-day operations of CriMNet. The executive director shall serve at the pleasure
of the policy group in unclassified service. The policy group must ensure that generally
accepted project management techniques are utilized for each CriMNet project, including:

(1) clear sponsorship;

(2) scope management;

(3) project planning, control, and execution;

(4) continuous risk assessment and mitigation;

(5) cost management;

(6) quality management reviews;

(7) communications management;

(8) proven methodology; and

(9) education and training.

(c) Products and services for CriMNet project management, system design,
implementation, and application hosting must be acquired using an appropriate
procurement process, which includes:

(1) a determination of required products and services;

(2) a request for proposal development and identification of potential sources;

(3) competitive bid solicitation, evaluation, and selection; and

(4) contract administration and close-out.

(d) The policy group shall study and make recommendations to the governor, the
Supreme Court, and the legislature on:

(1) a framework for integrated criminal justice information systems, including the
development and maintenance of a community data model for state, county, and local
criminal justice information;

(2) the responsibilities of each entity within the criminal and juvenile justice systems
concerning the collection, maintenance, dissemination, and sharing of criminal justice
information with one another;

(3) actions necessary to ensure that information maintained in the criminal justice
information systems is accurate and up-to-date;

(4) the development of an information system containing criminal justice
information on gross misdemeanor-level and felony-level juvenile offenders that is part of
the integrated criminal justice information system framework;

(5) the development of an information system containing criminal justice
information on misdemeanor arrests, prosecutions, and convictions that is part of the
integrated criminal justice information system framework;

(6) comprehensive training programs and requirements for all individuals in criminal
justice agencies to ensure the quality and accuracy of information in those systems;

(7) continuing education requirements for individuals in criminal justice agencies
who are responsible for the collection, maintenance, dissemination, and sharing of
criminal justice data;

(8) a periodic audit process to ensure the quality and accuracy of information
contained in the criminal justice information systems;

(9) the equipment, training, and funding needs of the state and local agencies that
participate in the criminal justice information systems;

(10) the impact of integrated criminal justice information systems on individual
privacy rights;

(11) the impact of proposed legislation on the criminal justice system, including any
fiscal impact, need for training, changes in information systems, and changes in processes;

(12) the collection of data on race and ethnicity in criminal justice information
systems;

(13) the development of a tracking system for domestic abuse orders for protection;

(14) processes for expungement, correction of inaccurate records, destruction of
records, and other matters relating to the privacy interests of individuals; and

(15) the development of a database for extended jurisdiction juvenile records and
whether the records should be public or private and how long they should be retained.

Sec. 16.

Minnesota Statutes 2008, section 299C.65, subdivision 5, is amended to read:

Subd. 5.

Review of funding and grant requests.

(a) The Criminal and Juvenile
Justice Information Policy Group shall review the funding requests for criminal justice
information systems from state, county, and municipal government agencies. The
policy group shall review the requests for compatibility to statewide criminal justice
information system standards. The review shall be forwarded to the chairs and ranking
minority members of the house of representatives and senate committees and divisions
with jurisdiction over criminal justice funding and policy.

(b) The deleted text begin CriMNet program office deleted text end new text begin executive director new text end , in consultation with the
Criminal and Juvenile Justice Information Task Force and with the approval of the policy
group, shall create the requirements for any grant request and determine the integration
priorities for the grant period. The deleted text begin CriMNet program office deleted text end new text begin executive director new text end shall also
review the requests submitted for compatibility to statewide criminal justice information
systems standards.

(c) The task force shall review funding requests for criminal justice information
systems grants and make recommendations to the policy group. The policy group shall
review the recommendations of the task force and shall make a final recommendation
for criminal justice information systems grants to be made by the commissioner of
public safety. Within the limits of available state appropriations and federal grants, the
commissioner of public safety shall make grants for projects that have been recommended
by the policy group.

(d) The policy group may approve grants only if the applicant provides an
appropriate share of matching funds as determined by the policy group to help pay up to
one-half of the costs of the grant request. The matching requirement must be constant for
all applicants within each grant offering. The policy group shall adopt policies concerning
the use of in-kind resources to satisfy the match requirement and the sources from which
matching funds may be obtained. Local operational or technology staffing costs may be
considered as meeting this match requirement. Each grant recipient shall certify to the
policy group that it has not reduced funds from local, county, federal, or other sources
which, in the absence of the grant, would have been made available to the grant recipient
to improve or integrate criminal justice technology.

(e) All grant recipients shall submit to the deleted text begin CriMNet program office deleted text end new text begin executive
director new text end all requested documentation including grant status, financial reports, and a final
report evaluating how the grant funds improved the agency's criminal justice integration
priorities. The deleted text begin CriMNet program office deleted text end new text begin executive director new text end shall establish the recipient's
reporting dates at the time funds are awarded.

Sec. 17.

Minnesota Statutes 2008, section 299C.68, subdivision 2, is amended to read:

Subd. 2.

Procedures.

The superintendent shall develop procedures to enable an
owner to request a background check to determine whether a manager is the subject of
a reported conviction for a background check crime. The superintendent shall perform
the background check by retrieving and reviewing data on background check crimes
deleted text begin maintained in the CJIS computers deleted text end . The superintendent shall notify the owner in writing
of the results of the background check. If the manager has resided in Minnesota for
less than ten years or upon request of the owner, the superintendent shall also either:
(1) conduct a search of the national criminal records repository, including the criminal
justice data communications network; or (2) conduct a search of the criminal justice data
communications network records in the state or states where the manager has resided
for the preceding ten years. The superintendent is authorized to exchange fingerprints
with the Federal Bureau of Investigation for purposes of the criminal history check.
The superintendent shall recover the cost of a background check through a fee charged
to the owner.

Sec. 18.

Minnesota Statutes 2008, section 388.24, subdivision 4, is amended to read:

Subd. 4.

Reporting of data to deleted text begin criminal justice information system (CJIS) deleted text end new text begin
Bureau of Criminal Apprehension new text end .

Effective August 1, 1997, every county attorney who
establishes a diversion program under this section shall report the following information
to the Bureau of Criminal Apprehension:

(1) the name and date of birth of each diversion program participant and any other
identifying information the superintendent considers necessary;

(2) the date on which the individual began to participate in the diversion program;

(3) the date on which the individual is expected to complete the diversion program;

(4) the date on which the individual successfully completed the diversion program,
where applicable; and

(5) the date on which the individual was removed from the diversion program for
failure to successfully complete the individual's goals, where applicable.

The superintendent shall cause the information described in this subdivision to be
entered into and maintained in the criminal history file deleted text begin of the Minnesota Criminal Justice
Information System deleted text end new text begin as defined in section 13.87 new text end .

Sec. 19.

Minnesota Statutes 2008, section 401.065, subdivision 3a, is amended to read:

Subd. 3a.

Reporting of data to deleted text begin criminal justice information system (CJIS) deleted text end new text begin
Bureau of Criminal Apprehension new text end .

(a) Every county attorney who establishes a
diversion program under this section shall report the following information to the Bureau
of Criminal Apprehension:

(1) the name and date of birth of each diversion program participant and any other
identifying information the superintendent considers necessary;

(2) the date on which the individual began to participate in the diversion program;

(3) the date on which the individual is expected to complete the diversion program;

(4) the date on which the individual successfully completed the diversion program,
where applicable; and

(5) the date on which the individual was removed from the diversion program for
failure to successfully complete the individual's goals, where applicable.

The superintendent shall cause the information described in this subdivision to be
entered into and maintained in the criminal history file deleted text begin of the Minnesota criminal justice
information system deleted text end new text begin as defined in section 13.87 new text end .

(b) Effective August 1, 1997, the reporting requirements of this subdivision shall
apply to misdemeanor offenses.

Sec. 20.

Minnesota Statutes 2008, section 480.23, is amended to read:

480.23 COMPUTER ACQUISITION BY COURTS.

In order to facilitate the effective management and coordination of the Minnesota
courts system, an appropriate official of any court or of a local governmental unit in
providing services to any court, if authorized by the state court administrator and with the
concurrence of the contracting vendor, may acquire electronic data processing equipment
or services through an existing contract originated by the Supreme Court. The state court
administrator shall grant this authority only pursuant to the implementation of justice
information systems compatible with systems deleted text begin participating on the Minnesota Criminal
Justice Information Systems Communications Network deleted text end administered by the new text begin Bureau of
Criminal Apprehension in the new text end Department of Public Safety.

Sec. 21.

Minnesota Statutes 2008, section 518.165, subdivision 5, is amended to read:

Subd. 5.

Procedure, criminal history, and maltreatment records background
study.

(a) When the court requests a background study under subdivision 4, paragraph
(a), the request shall be submitted to the Department of Human Services through the
department's electronic online background study system.

(b) When the court requests a search of the National Criminal Records Repository,
the court must provide a set of classifiable fingerprints of the subject of the study on a
fingerprint card provided by the commissioner of human services.

(c) The commissioner of human services shall provide the court with deleted text begin information deleted text end new text begin
criminal history data as defined in section 13.87 new text end from the Bureau of Criminal
deleted text begin Apprehension's Criminal Justice Information System deleted text end new text begin Apprehension in the Department of
Public Safety new text end , other criminal history data held by the commissioner of human services,
and data regarding substantiated maltreatment of a minor under section 626.556, and
substantiated maltreatment of a vulnerable adult under section 626.557, within 15
working days of receipt of a request. If the subject of the study has been determined by
the Department of Human Services or the Department of Health to be the perpetrator
of substantiated maltreatment of a minor or vulnerable adult in a licensed facility, the
response must include a copy of the public portion of the investigation memorandum
under section 626.556, subdivision 10f, or the public portion of the investigation
memorandum under section 626.557, subdivision 12b. When the background study shows
that the subject has been determined by a county adult protection or child protection
agency to have been responsible for maltreatment, the court shall be informed of the
county, the date of the finding, and the nature of the maltreatment that was substantiated.
The commissioner shall provide the court with information from the National Criminal
Records Repository within three working days of the commissioner's receipt of the data.
When the commissioner finds no criminal history or substantiated maltreatment on a
background study subject, the commissioner shall make these results available to the court
electronically through the secure online background study system.

(d) Notwithstanding section 626.556, subdivision 10f, or 626.557, subdivision
12b, if the commissioner or county lead agency has information that a person on whom
a background study was previously done under this section has been determined to be a
perpetrator of maltreatment of a minor or vulnerable adult, the commissioner or the county
may provide this information to the court that requested the background study.

Sec. 22.

Minnesota Statutes 2008, section 524.5-118, subdivision 2, is amended to read:

Subd. 2.

Procedure; criminal history and maltreatment records background
check.

(a) The court shall request the commissioner of human services to complete a
background study under section 245C.32. The request must be accompanied by the
applicable fee and the signed consent of the subject of the study authorizing the release of
the data obtained to the court. If the court is requesting a search of the National Criminal
Records Repository, the request must be accompanied by a set of classifiable fingerprints
of the subject of the study. The fingerprints must be recorded on a fingerprint card
provided by the commissioner of human services.

(b) The commissioner of human services shall provide the court with deleted text begin information deleted text end new text begin
criminal history data as defined in section 13.87 new text end from the Bureau of Criminal
deleted text begin Apprehension's criminal justice information system deleted text end new text begin Apprehension in the Department of
Public Safety new text end , other criminal history data held by the commissioner of human services,
and data regarding substantiated maltreatment of vulnerable adults under section 626.557
and substantiated maltreatment of minors under section 626.556 within 15 working days
of receipt of a request. If the subject of the study has been the perpetrator of substantiated
maltreatment of a vulnerable adult or minor, the response must include a copy of the
public portion of the investigation memorandum under section 626.557, subdivision
12b, or the public portion of the investigation memorandum under section 626.556,
subdivision 10f. If the court did not request a search of the National Criminal Records
Repository and information from the Bureau of Criminal Apprehension indicates that the
subject is a multistate offender or that multistate offender status is undetermined, the
response must include this information. The commissioner shall provide the court with
information from the National Criminal Records Repository within three working days
of the commissioner's receipt of the data.

(c) Notwithstanding section 626.557, subdivision 12b, or 626.556, subdivision 10f, if
the commissioner of human services or a county lead agency has information that a person
on whom a background study was previously done under this section has been determined
to be a perpetrator of maltreatment of a vulnerable adult or minor, the commissioner or the
county may provide this information to the court that requested the background study. The
commissioner may also provide the court with additional criminal history or substantiated
maltreatment information that becomes available after the background study is done.

Sec. 23.

Minnesota Statutes 2008, section 611.272, is amended to read:

611.272 ACCESS TO GOVERNMENT DATA.

The district public defender, the state public defender, or an attorney working for
a public defense corporation under section 611.216 has access to the criminal justice
data communications network described in section 299C.46, as provided in this section.
Access to data under this section is limited to data necessary to prepare criminal cases in
which the public defender has been appointed as follows:

(1) access to data about witnesses in a criminal case shall be limited to records of
criminal convictions; and

(2) access to data regarding the public defender's own client which includes, but
is not limited to, criminal history data under section 13.87; juvenile offender data under
section 299C.095; warrant information data under section 299C.115; incarceration data
under section 299C.14; conditional release data under section 241.065; and diversion
program data under section 299C.46, subdivision 5.

The public defender has access to data under this section, whether accessed via deleted text begin CriMNet deleted text end new text begin
the integrated search service as defined in section 13.873 new text end or other methods. The public
defender does not have access to law enforcement active investigative data under section
13.82, subdivision 7; data protected under section 13.82, subdivision 17; confidential
arrest warrant indices data under section 13.82, subdivision 19; or data systems maintained
by a prosecuting attorney. The public defender has access to the data at no charge, except
for the monthly network access charge under section 299C.46, subdivision 3, paragraph
(b), and a reasonable installation charge for a terminal. Notwithstanding section 13.87,
subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48, or any other law to the
contrary, there shall be no charge to public defenders for Internet access to the criminal
justice data communications network.

Sec. 24.

Minnesota Statutes 2008, section 628.69, subdivision 6, is amended to read:

Subd. 6.

Reporting of data to deleted text begin criminal justice information system (CJIS) deleted text end new text begin
Bureau of Criminal Apprehension new text end .

Every county attorney who has established a pretrial
diversion program under this section shall report the following information to the Bureau
of Criminal Apprehension:

(1) the name and date of birth of each diversion program participant, and any other
identifying information the superintendent considers necessary;

(2) the date on which the individual began to participate in the diversion program;

(3) the date on which the individual is expected to complete the diversion program;

(4) the date on which the individual successfully completed the diversion program,
where applicable; and

(5) the date on which the individual was removed from the diversion program for
failure to successfully complete the individual's goals, where applicable.

The superintendent shall cause the information described in this subdivision to be
entered into and maintained in the criminal history file deleted text begin of the Minnesota Criminal Justice
Information System deleted text end new text begin as defined in section 13.87 new text end .

Sec. 25. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 299C.61, subdivision 8; and 299C.67, subdivision
3, new text end new text begin are repealed.
new text end