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HF 2415

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/20/2012 05:54pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/22/2012
1st Engrossment Posted on 02/29/2012
2nd Engrossment Posted on 03/20/2012

Current Version - 2nd Engrossment

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A bill for an act
relating to public safety; authorizing fugitive apprehension unit to apply for
search warrants; directing commissioner of corrections to implement a gardening
program at state correctional facilities; narrowing selection criteria for challenge
incarceration program; permitting victim notification to include electronic
and written notification; adding information to a report; eliminating a report;
amending Minnesota Statutes 2010, sections 241.016, subdivision 1; 241.025,
subdivision 2; 244.17, subdivision 3; 253B.18, subdivision 5a; 253B.185,
subdivision 10; 611A.06, subdivisions 1, 2; 626.05, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 241.

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

Section 1.

Minnesota Statutes 2010, section 241.016, subdivision 1, is amended to read:


Subdivision 1.

Biennial report.

(a) The Department of Corrections shall submit a
performance report to the chairs and ranking minority members of the senate and house
of representatives committees and divisions having jurisdiction over criminal justice
funding by January 15 of each odd-numbered year. The issuance and content of the report
must include the following:

(1) department strategic mission, goals, and objectives;

(2) the department-wide per diem, adult facility-specific per diems, and an average
per diem, reported in a standard calculated method as outlined in the departmental policies
and procedures;

(3) department annual statistics as outlined in the departmental policies and
procedures; and

(4) information about prison-based mental health programs, including, but not
limited to, the availability of these programs, participation rates, and completion rates.

(b) The department shall maintain recidivism rates for adult facilities on an annual
basis. In addition, each year the department shall, on an alternating basis, complete a
recidivism analysis of adult facilities, juvenile services, and the community services
divisions and include a three-year recidivism analysis in the report described in paragraph
(a). The recidivism analysis must: (1) assess education programs, vocational programs,
treatment programs, including mental health programs, industry, and employment; and (2)
assess statewide re-entry policies and funding, including postrelease treatment, education,
training, and supervision. In addition, when reporting recidivism for the department's
adult and juvenile facilities, the department shall report on the extent to which offenders it
has assessed as chemically dependent commit new offenses, with separate recidivism rates
reported for persons completing and not completing the department's treatment programs.

deleted text begin (c) By August 31 of each odd-numbered year, the commissioner must present to the
individuals identified in paragraph (a) a report that lists and describes the performance
measures and targets the department will include in the biennial performance report. The
measures and targets must include a budget target for the next two years and a history of
the department's performance for the previous five years. At a minimum, the report must
include measures and targets for the data and information identified in paragraphs (a) and
(b) regarding per diem, statistics, inmate programming, and recidivism, and the following:
deleted text end

deleted text begin (1) average statutory per diem for adult offenders, female offenders, and juvenile
offenders;
deleted text end

deleted text begin (2) the Department of Corrections field services;
deleted text end

deleted text begin (3) staffing and salaries for both department divisions and institutions;
deleted text end

deleted text begin (4) the use of private and local institutions to house persons committed to the
commissioner;
deleted text end

deleted text begin (5) the cost of inmate health and dental care;
deleted text end

deleted text begin (6) implementation and use of corrections best practices; and
deleted text end

deleted text begin (7) the challenge incarceration program.
deleted text end

Sec. 2.

Minnesota Statutes 2010, section 241.025, subdivision 2, is amended to read:


Subd. 2.

Limitations.

The initial processing of a person arrested by the fugitive
apprehension unit for an offense within the agency's jurisdiction is the responsibility of
the fugitive apprehension unit unless otherwise directed by the law enforcement agency
with primary jurisdiction. A subsequent investigation is the responsibility of the law
enforcement agency of the jurisdiction in which a new crime is committed. deleted text begin The fugitive
apprehension unit members are not authorized to apply for a search warrant as prescribed
in section 626.05.
deleted text end

Sec. 3.

new text begin [241.241] PRISON GARDENING PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner shall establish a gardening
program for inmates at each correctional facility where space and security allows for
operation of a garden. The garden shall be primarily tended by inmates. The commissioner
shall strive to raise produce that can be used to feed inmates in state correctional facilities.
The commissioner shall donate any portion of the harvest that cannot be used to feed
inmates to food shelves and charities located near the correctional facility where the
produce was grown.
new text end

new text begin Subd. 2. new text end

new text begin Report. new text end

new text begin The commissioner shall include the following information in the
annual report to the legislature required under section 241.016:
new text end

new text begin (1) the type and amount of produce raised in the gardening program;
new text end

new text begin (2) the amount of the harvest used to feed inmates and the amount used for other
purposes;
new text end

new text begin (3) the amount of inmate time dedicated to the gardening program;
new text end

new text begin (4) the cost savings to the department from using prison-grown food to feed inmates;
and
new text end

new text begin (5) the cost of operating the program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

Sec. 4.

Minnesota Statutes 2010, section 244.17, subdivision 3, is amended to read:


Subd. 3.

Offenders not eligible.

(a) The following offenders are not eligible to be
placed in the challenge incarceration program:

(1) offenders who are committed to the commissioner's custody new text begin or any state or
federal prison
new text end following a conviction for murder, manslaughter, criminal sexual conduct,
assault, kidnapping, robbery, arson, new text begin drive-by shooting, criminal vehicular homicide or
operation,
new text end or any other offense new text begin that includes characteristics new text end involving death or deleted text begin intentional
personal injury
deleted text end new text begin great bodily harm to the victim or victims as defined under section 609.02,
or discharge of a firearm
new text end ;

(2) offenders who were deleted text begin convicted within the preceding ten years of an offense
described in clause (1) and were committed to the custody of the commissioner
deleted text end new text begin released
from the commissioner's custody or the custody of a state or federal prison unless five
years have elapsed from the date of discharge or expiration of the sentence for an offense
described under clause (1)
new text end ;

(3) offenders who have been convicted or adjudicated delinquent within the past five
years for a violation of section 609.485;

(4) offenders who are deleted text begin committed to the commissioner's custody for an offense that
requires
deleted text end new text begin required to complete predatory offendernew text end registration under section 243.166;

new text begin (5) offenders who have been reviewed by the commissioner and referred to the
county for review for civil commitment as a sexual psychopathic personality, a sexually
dangerous person, mentally ill, or mentally ill and dangerous to the public;
new text end

deleted text begin (5)deleted text end new text begin (6)new text end offenders who are the subject of a current arrest warrant or detainer;

deleted text begin (6)deleted text end new text begin (7)new text end offenders who have fewer than 180 days remaining until their supervised
release date;

deleted text begin (7)deleted text end new text begin (8)new text end offenders who have had deleted text begin disciplinary confinement time added to their sentencedeleted text end new text begin
institution discipline resulting in extended incarceration
new text end or who have been placed in
segregation, unless 90 days have elapsed from the imposition of the deleted text begin additional disciplinary
confinement time
deleted text end new text begin extended incarcerationnew text end or the last day of segregation;

deleted text begin (8)deleted text end new text begin (9)new text end offenders who have received a suspended formal disciplinary sanctiondeleted text begin , unless
the suspension
deleted text end new text begin or imposed formal loss of privileges sanction until the sanctionnew text end has expired;

deleted text begin (9)deleted text end new text begin (10)new text end offenders whose governing sentence is for an offense from another state
or the United States; and

deleted text begin (10)deleted text end new text begin (11)new text end offenders who have a medical condition included on the list of ineligible
conditions described in paragraph (b).

(b) The commissioner of corrections shall develop a list of medical conditions that
will disqualify an offender from participating in the challenge incarceration program.
The commissioner shall submit the list and any changes to it to the chairs and ranking
minority members of the senate and house committees having jurisdiction over criminal
justice policy and funding.

Sec. 5.

Minnesota Statutes 2010, section 253B.18, subdivision 5a, is amended to read:


Subd. 5a.

Victim notification of petition and release; right to submit statement.

(a) As used in this subdivision:

(1) "crime" has the meaning given to "violent crime" in section 609.1095, and
includes criminal sexual conduct in the fifth degree and offenses within the definition of
"crime against the person" in section 253B.02, subdivision 4a, and also includes offenses
listed in section 253B.02, subdivision 7a, paragraph (b), regardless of whether they are
sexually motivated;

(2) "victim" means a person who has incurred loss or harm as a result of a crime
the behavior for which forms the basis for a commitment under this section or section
253B.185; and

(3) "convicted" and "conviction" have the meanings given in section 609.02,
subdivision 5
, and also include juvenile court adjudications, findings under Minnesota
Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved,
and findings in commitment cases under this section or section 253B.185 that an act or
acts constituting a crime occurred.

(b) A county attorney who files a petition to commit a person under this section
or section 253B.185 shall make a reasonable effort to provide prompt notice of filing
the petition to any victim of a crime for which the person was convicted. In addition,
the county attorney shall make a reasonable effort to promptly notify the victim of the
resolution of the petition.

(c) Before provisionally discharging, discharging, granting pass-eligible status,
approving a pass plan, or otherwise permanently or temporarily releasing a person
committed under this section from a treatment facility, the head of the treatment facility
shall make a reasonable effort to notify any victim of a crime for which the person was
convicted that the person may be discharged or released and that the victim has a right
to submit a written statement regarding decisions of the medical director, special review
board, or commissioner with respect to the person. To the extent possible, the notice
must be provided at least 14 days before any special review board hearing or before
a determination on a pass plan. Notwithstanding section 611A.06, subdivision 4, the
commissioner shall provide the judicial appeal panel with victim information in order to
comply with the provisions of this section. The judicial appeal panel shall ensure that the
data on victims remains private as provided for in section 611A.06, subdivision 4.

(d) This subdivision applies only to victims who have requested notificationnew text begin through
the Department of Corrections electronic victim notification system, or
new text end by contacting, in
writing, the county attorney in the county where the conviction for the crime occurred.new text begin
A request for notice under this subdivision received by the commissioner of corrections
through the Department of Corrections electronic victim notification system shall be
promptly forwarded to the prosecutorial authority with jurisdiction over the offense to
which the notice relates or, following commitment, the head of the treatment facility.
new text end A
county attorney who receives a request for notification under this paragraphnew text begin following
commitment
new text end shall promptly forward the request to the commissioner of human services.

(e) The rights under this subdivision are in addition to rights available to a victim
under chapter 611A. This provision does not give a victim all the rights of a "notified
person" or a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section
253B.185, subdivision 10.

Sec. 6.

Minnesota Statutes 2010, section 253B.185, subdivision 10, is amended to read:


Subd. 10.

Victim notification of petition and release; right to submit statement.

(a) As used in this subdivision:

(1) "crime" has the meaning given to "violent crime" in section 609.1095, and
includes criminal sexual conduct in the fifth degree and offenses within the definition of
"crime against the person" in section 253B.02, subdivision 4a, and also includes offenses
listed in section 253B.02, subdivision 7a, paragraph (b), regardless of whether they are
sexually motivated;

(2) "victim" means a person who has incurred loss or harm as a result of a crime,
the behavior for which forms the basis for a commitment under this section or section
253B.18; and

(3) "convicted" and "conviction" have the meanings given in section 609.02,
subdivision 5
, and also include juvenile court adjudications, findings under Minnesota
Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved,
and findings in commitment cases under this section or section 253B.18, that an act or
acts constituting a crime occurred.

(b) A county attorney who files a petition to commit a person under this section shall
make a reasonable effort to provide prompt notice of filing the petition to any victim of a
crime for which the person was convicted. In addition, the county attorney shall make a
reasonable effort to promptly notify the victim of the resolution of the petition.

(c) Before provisionally discharging, discharging, granting pass-eligible status,
approving a pass plan, or otherwise permanently or temporarily releasing a person
committed under this section from a treatment facility, the head of the treatment facility
shall make a reasonable effort to notify any victim of a crime for which the person was
convicted that the person may be discharged or released and that the victim has a right
to submit a written statement regarding decisions of the head of the treatment facility or
designee, or special review board, with respect to the person. To the extent possible, the
notice must be provided at least 14 days before any special review board hearing or before
a determination on a pass plan. Notwithstanding section 611A.06, subdivision 4, the
commissioner shall provide the judicial appeal panel with victim information in order to
comply with the provisions of this section. The judicial appeal panel shall ensure that the
data on victims remains private as provided for in section 611A.06, subdivision 4.

(d) This subdivision applies only to victims who have requested notificationnew text begin through
the Department of Corrections electronic victim notification system, or
new text end by contacting, in
writing, the county attorney in the county where the conviction for the crime occurred or
where the civil commitment was filed or, following commitment, the head of the treatment
facility.new text begin A request for notice under this subdivision received by the commissioner of
corrections through the Department of Corrections electronic victim notification system
shall be promptly forwarded to the prosecutorial authority with jurisdiction over the
offense to which the notice relates or, following commitment, the head of the treatment
facility.
new text end A county attorney who receives a request for notification under this paragraphnew text begin
following commitment
new text end shall promptly forward the request to the commissioner of human
services.

(e) Rights under this subdivision are in addition to rights available to a victim under
chapter 611A. This provision does not give a victim all the rights of a "notified person"
or a person "entitled to statutory notice" under subdivision 12 or 13 or section 253B.18,
subdivision 4a, 4b, or 5
.

Sec. 7.

Minnesota Statutes 2010, section 611A.06, subdivision 1, is amended to read:


Subdivision 1.

Notice of release required.

The commissioner of corrections or
other custodial authority shall make a good faith effort to notify the victim that the
offender is to be released from imprisonment or incarceration, including release on
extended furlough and for work release; released from a juvenile correctional facility;
released from a facility in which the offender was confined due to incompetency, mental
illness, or mental deficiency, or commitment under section 253B.18 or 253B.185; or if
the offender's custody status is reduced, if the victim has mailed to the commissioner of
corrections or to the head of the facility in which the offender is confined a written request
for this noticenew text begin , or the victim has made a request for this notice to the commissioner of
corrections through the Department of Corrections electronic victim notification system
new text end .
The good faith effort to notify the victim must occur prior to the offender's release or when
the offender's custody status is reduced. For a victim of a felony crime against the person
for which the offender was sentenced to imprisonment for more than 18 months, the good
faith effort to notify the victim must occur 60 days before the offender's release.

Sec. 8.

Minnesota Statutes 2010, section 611A.06, subdivision 2, is amended to read:


Subd. 2.

Contents of notice.

The notice given to a victim of a crime against a
person must include the conditions governing the offender's release, and either the identity
of the corrections agent who will be supervising the offender's release or a means to
identify the court services agency that will be supervising the offender's release. The
commissioner or other custodial authority complies with this section upon mailing the
notice of impending release to the victim at the address which the victim has most recently
provided to the commissioner or authority in writingnew text begin , or by providing electronic notice to
the victim who requested this notice through the Department of Corrections electronic
victim notification system
new text end .

Sec. 9.

Minnesota Statutes 2010, section 626.05, subdivision 2, is amended to read:


Subd. 2.

Peace officer.

The term "peace officer," as used in sections 626.04 to
626.17, means a person who is licensed as a peace officer in accordance with section
626.84, subdivision 1, and who serves as a sheriff, deputy sheriff, police officer,
conservation officer, agent of the Bureau of Criminal Apprehension, agent of the
Division of Alcohol and Gambling Enforcement, University of Minnesota peace officer,
Metropolitan Transit police officer, new text begin Minnesota Department of Corrections Fugitive
Apprehension Unit member,
new text end or State Patrol trooper as authorized by section 299D.03.