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HF 2433

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/03/2022 03:43pm

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

Bill Text Versions

Engrossments
Introduction Posted on 03/25/2021

Current Version - as introduced

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A bill for an act
relating to public safety; providing that public safety entities must prioritize public
safety and human rights; amending Minnesota Statutes 2020, sections 241.01,
subdivision 3a; 244.09, subdivision 5; 299A.01, subdivision 2; 626.843, subdivision
1.

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

Section 1.

Minnesota Statutes 2020, section 241.01, subdivision 3a, is amended to read:


Subd. 3a.

Commissioner, powers and duties.

The commissioner of corrections has the
following powers and duties:

(a) To accept persons committed to the commissioner by the courts of this state for care,
custody, and rehabilitation.

(b) To determine the place of confinement of committed persons in a correctional facility
or other facility of the Department of Corrections and to prescribe reasonable conditions
and rules for their employment, conduct, instruction, and discipline within or outside the
facility. Inmates shall not exercise custodial functions or have authority over other inmates.

(c) To administer the money and property of the department.

(d) To administer, maintain, and inspect all state correctional facilities.

(e) To transfer authorized positions and personnel between state correctional facilities
as necessary to properly staff facilities and programs.

(f) To utilize state correctional facilities in the manner deemed to be most efficient and
beneficial to accomplish the purposes of this section, but not to close the Minnesota
Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without
legislative approval. The commissioner may place juveniles and adults at the same state
minimum security correctional facilities, if there is total separation of and no regular contact
between juveniles and adults, except contact incidental to admission, classification, and
mental and physical health care.

(g) To organize the department and employ personnel the commissioner deems necessary
to discharge the functions of the department, including a chief executive officer for each
facility under the commissioner's control who shall serve in the unclassified civil service
and may, under the provisions of section 43A.33, be removed only for cause.

(h) To define the duties of these employees and to delegate to them any of the
commissioner's powers, duties and responsibilities, subject to the commissioner's control
and the conditions the commissioner prescribes.

(i) To annually develop a comprehensive set of goals and objectives designed to clearly
establish the priorities of the Department of Corrections. This report shall be submitted to
the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory
committees.

new text begin (j) To perform these duties with the goal of promoting public safety. Promoting public
safety includes the promotion of human rights. "Public safety" means reducing or preventing
crime while maintaining the basic rights, freedoms, and privileges that belong to every
person including the right to dignity, fairness, equality, respect, and freedom from
discrimination, and is achieved by diverting people away from the criminal justice system
whenever possible, imposing sanctions that are the least restrictive necessary to achieve
accountability for the offense, preferring the use of community services to imprisonment
or other confinement unless confinement is necessary to protect the public, and promoting
the rehabilitation of those convicted through the provision of evidence-based programming
and services.
new text end

Sec. 2.

Minnesota Statutes 2020, section 244.09, subdivision 5, is amended to read:


Subd. 5.

Promulgation of Sentencing Guidelines.

The commission shall promulgate
Sentencing Guidelines for the district court. The guidelines shall be based on reasonable
offense and offender characteristics. The guidelines promulgated by the commission shall
be advisory to the district court and shall establish:

(1) the circumstances under which imprisonment of an offender is proper; and

(2) a presumptive, fixed sentence for offenders for whom imprisonment is proper, based
on each appropriate combination of reasonable offense and offender characteristics. The
guidelines shall provide for an increase of 20 percent and a decrease of 15 percent in the
presumptive, fixed sentence.

The Sentencing Guidelines promulgated by the commission may also establish appropriate
sanctions for offenders for whom imprisonment is not proper. Any guidelines promulgated
by the commission establishing sanctions for offenders for whom imprisonment is not proper
shall make specific reference to noninstitutional sanctions, including but not limited to the
following: payment of fines, day fines, restitution, community work orders, work release
programs in local facilities, community based residential and nonresidential programs,
incarceration in a local correctional facility, and probation and the conditions thereof.

Although the Sentencing Guidelines are advisory to the district court, the court shall
follow the procedures of the guidelines when it pronounces sentence in a proceeding to
which the guidelines apply by operation of statute. Sentencing pursuant to the Sentencing
Guidelines is not a right that accrues to a person convicted of a felony; it is a procedure
based on state public policy to maintain uniformity, proportionality, rationality, and
predictability in sentencing.

In establishing and modifying the Sentencing Guidelines, the primary consideration of
the commission shall be public safety. new text begin "Public safety" means reducing or preventing crime
while maintaining the basic rights, freedoms, and privileges that belong to every person
including the right to dignity, fairness, equality, respect, and freedom from discrimination,
and is achieved by diverting people away from the criminal justice system whenever possible,
imposing sanctions that are the least restrictive necessary to achieve accountability for the
offense, preferring the use of community services to imprisonment or other confinement
unless confinement is necessary to protect the public, and promoting the rehabilitation of
those convicted through the provision of evidence-based programming and services.
Promoting public safety includes the promotion of human rights.
new text end The commission shall also
consider current sentencing and release practices; correctional resources, including but not
limited to the capacities of local and state correctional facilities; and the long-term negative
impact of the crime on the community.

The provisions of sections 14.001 to 14.69 do not apply to the promulgation of the
Sentencing Guidelines, and the Sentencing Guidelines, including severity levels and criminal
history scores, are not subject to review by the legislative commission to review
administrative rules. However, the commission shall adopt rules pursuant to sections 14.001
to 14.69 which establish procedures for the promulgation of the Sentencing Guidelines,
including procedures for the promulgation of severity levels and criminal history scores,
and these rules shall be subject to review by the Legislative Coordinating Commission.

Sec. 3.

Minnesota Statutes 2020, section 299A.01, subdivision 2, is amended to read:


Subd. 2.

Duties of commissioner.

new text begin (a) new text end The duties of the commissioner shall include the
following:

(1) the coordination, development and maintenance of services contracts with existing
state departments and agencies assuring the efficient and economic use of advanced business
machinery including computers;

(2) the execution of contracts and agreements with existing state departments for the
maintenance and servicing of vehicles and communications equipment, and the use of related
buildings and grounds;

(3) the development of integrated fiscal services for all divisions, and the preparation
of an integrated budget for the department;

(4) the publication and award of grant contracts with state agencies, local units of
government, and other entities for programs that will benefit the safety of the public; and

(5) the establishment of a planning bureau within the department.

new text begin (b) The commissioner shall exercise these duties with the goal of promoting public
safety. Promoting public safety includes the promotion of human rights. "Public safety"
means reducing or preventing crime by diverting people away from the criminal justice
system whenever possible, effecting arrest or detention practices that are the least restrictive
necessary to protect the public, and promoting the rehabilitation of those who engage in
criminal activity through the provision of evidence-based programming and services, while
still maintaining the basic rights, freedoms, and privileges that belong to every person
including the right to dignity, fairness, equality, respect, and freedom from discrimination.
new text end

Sec. 4.

Minnesota Statutes 2020, section 626.843, subdivision 1, is amended to read:


Subdivision 1.

Rules required.

new text begin (a) new text end The board shall adopt rules with respect to:

(1) the certification of postsecondary schools to provide programs of professional peace
officer education;

(2) minimum courses of study and equipment and facilities to be required at each certified
school within the state;

(3) minimum qualifications for coordinators and instructors at certified schools offering
a program of professional peace officer education located within this state;

(4) minimum standards of physical, mental, and educational fitness which shall govern
the admission to professional peace officer education programs and the licensing of peace
officers within the state, by any state, county, municipality, or joint or contractual
combination thereof, including members of the Minnesota State Patrol;

(5) board-approved continuing education courses that ensure professional competence
of peace officers and part-time peace officers;

(6) minimum standards of conduct which would affect the individual's performance of
duties as a peace officer. These standards shall be established and published. The board
shall review the minimum standards of conduct described in this clause for possible
modification in 1998 and every three years after that time;

(7) a set of educational learning objectives that must be met within a certified school's
professional peace officer education program. These learning objectives must concentrate
on the knowledge, skills, and abilities deemed essential for a peace officer. Education in
these learning objectives shall be deemed satisfactory for the completion of the minimum
basic training requirement;

(8) the establishment and use by any political subdivision or state law enforcement
agency that employs persons licensed by the board of procedures for investigation and
resolution of allegations of misconduct by persons licensed by the board. The procedures
shall be in writing and shall be established on or before October 1, 1984;

(9) the issues that must be considered by each political subdivision and state law
enforcement agency that employs persons licensed by the board in establishing procedures
under section 626.5532 to govern the conduct of peace officers who are in pursuit of a
vehicle being operated in violation of section 609.487, and requirements for the training of
peace officers in conducting pursuits. The adoption of specific procedures and requirements
is within the authority of the political subdivision or agency;

(10) supervision of part-time peace officers and requirements for documentation of hours
worked by a part-time peace officer who is on active duty. These rules shall be adopted by
December 31, 1993;

(11) citizenship requirements for peace officers and part-time peace officers;

(12) driver's license requirements for peace officers and part-time peace officers; and

(13) such other matters as may be necessary consistent with sections 626.84 to 626.863.
Rules promulgated by the attorney general with respect to these matters may be continued
in force by resolution of the board if the board finds the rules to be consistent with sections
626.84 to 626.863.

new text begin (b) In adopting and enforcing the rules described under paragraph (a), the board shall
prioritize the goal of promoting public safety. Promoting public safety includes the promotion
of human rights. "Public safety" means reducing or preventing crime by diverting people
away from the criminal justice system whenever possible, effecting arrest or detention
practices that are the least restrictive necessary to protect the public, and promoting the
rehabilitation of those who engage in criminal activity through the provision of
evidence-based programming and services, while still maintaining the basic rights, freedoms,
and privileges that belong to every person including the right to dignity, fairness, equality,
respect, and freedom from discrimination.
new text end