HF 1119

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:28pm

1.1A bill for an act

1.2relating to public safety; amending statutes to reflect organizational changes in
1.3Bureau of Criminal Apprehension;amending Minnesota Statutes 2008, sections
1.413.87, subdivision 1; 84.027, subdivision 17; 122A.18, subdivision 8; 123B.03,
1.5subdivision 1; 246.13, subdivision 2; 253B.141, subdivision 1; 299C.115;
1.6299C.40, subdivision 1; 299C.46, subdivision 1; 299C.52, subdivisions 1, 3, 4;
1.7299C.53, subdivision 1; 299C.62, subdivision 1; 299C.65, subdivisions 1, 5;
1.8299C.68, subdivision 2; 388.24, subdivision 4; 401.065, subdivision 3a; 480.23;
1.9518.165, subdivision 5; 524.5-118, subdivision 2; 611.272; 628.69, subdivision
1.106; repealing Minnesota Statutes 2008, sections 299C.61, subdivision 8; 299C.67,
1.11subdivision 3.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13    Section 1. Minnesota Statutes 2008, section 13.87, subdivision 1, is amended to read:
1.14    Subdivision 1. Criminal history data. (a) Definition. For purposes of this
1.15subdivision, "criminal history data" means all data maintained in criminal history
1.16records compiled by the Bureau of Criminal Apprehension and disseminated through
1.17the criminal justice information system, including, but not limited to fingerprints,
1.18photographs, identification data, arrest data, prosecution data, criminal court data, custody
1.19and supervision data.
1.20    (b) Classification. Criminal history data maintained by agencies, political
1.21subdivisions and statewide systems are classified as private, pursuant to section 13.02,
1.22subdivision 12 , except that data created, collected, or maintained by the Bureau of
1.23Criminal Apprehension that identify an individual who was convicted of a crime, the
1.24offense of which the individual was convicted, associated court disposition and sentence
1.25information, controlling agency, and confinement information are public data for 15 years
1.26following the discharge of the sentence imposed for the offense. If an individual's name
1.27or other identifying information is erroneously associated with a criminal history and a
2.1determination is made through a fingerprint verification that the individual is not the
2.2subject of the criminal history, the name or other identifying information must be redacted
2.3from the public criminal history data. The name and other identifying information must be
2.4retained in the criminal history and are classified as private data.
2.5    The Bureau of Criminal Apprehension shall provide to the public at the central office
2.6of the bureau the ability to inspect in person, at no charge, through a computer monitor the
2.7criminal conviction data classified as public under this subdivision.
2.8    (c) Limitation. Nothing in paragraph (a) or (b) shall limit public access to data
2.9made public by section 13.82.

2.10    Sec. 2. Minnesota Statutes 2008, section 84.027, subdivision 17, is amended to read:
2.11    Subd. 17. Background checks for volunteer instructors. (a) The commissioner
2.12may conduct background checks for volunteer instructor applicants for department safety
2.13training and education programs, including the programs established under sections
2.1484.791 (youth off-highway motorcycle safety education and training), 84.86 and 84.862
2.15(youth and adult snowmobile safety training), 84.925 (youth all-terrain vehicle safety
2.16education and training), 97B.015 (youth firearms safety training), and 97B.025 (hunter
2.17and trapper education and training).
2.18(b) The commissioner shall perform the background check by retrieving criminal
2.19history data as defined in section 13.87 maintained in the criminal justice information
2.20system (CJIS) by the Bureau of Criminal Apprehension in the Department of Public
2.21Safety and other data sources.
2.22(c) The commissioner shall develop a standardized form to be used for requesting a
2.23background check, which must include:
2.24(1) a notification to the applicant that the commissioner will conduct a background
2.25check under this section;
2.26(2) a notification to the applicant of the applicant's rights under paragraph (d); and
2.27(3) a signed consent by the applicant to conduct the background check expiring one
2.28year from the date of signature.
2.29(d) The volunteer instructor applicant who is the subject of a background check
2.30has the right to:
2.31(1) be informed that the commissioner will request a background check on the
2.32applicant;
2.33(2) be informed by the commissioner of the results of the background check and
2.34obtain a copy of the background check;
2.35(3) obtain any record that forms the basis for the background check and report;
3.1(4) challenge the accuracy and completeness of the information contained in the
3.2report or a record; and
3.3(5) be informed by the commissioner if the applicant is rejected because of the
3.4result of the background check.

3.5    Sec. 3. Minnesota Statutes 2008, section 122A.18, subdivision 8, is amended to read:
3.6    Subd. 8. Background checks. (a) The Board of Teaching and the commissioner
3.7of education must request a criminal history background check from the superintendent
3.8of the Bureau of Criminal Apprehension on all applicants for initial licenses under their
3.9jurisdiction. An application for a license under this section must be accompanied by:
3.10(1) an executed criminal history consent form, including fingerprints; and
3.11(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
3.12for the fee for conducting the criminal history background check.
3.13(b) The superintendent of the Bureau of Criminal Apprehension shall perform
3.14the background check required under paragraph (a) by retrieving criminal history data
3.15maintained in the criminal justice information system computers as defined in section
3.1613.87 and shall also conduct a search of the national criminal records repository, including
3.17the criminal justice data communications network. The superintendent is authorized to
3.18exchange fingerprints with the Federal Bureau of Investigation for purposes of the criminal
3.19history check. The superintendent shall recover the cost to the bureau of a background
3.20check through the fee charged to the applicant under paragraph (a).
3.21(c) The Board of Teaching or the commissioner of education may issue a license
3.22pending completion of a background check under this subdivision, but must notify
3.23the individual that the individual's license may be revoked based on the result of the
3.24background check.

3.25    Sec. 4. Minnesota Statutes 2008, section 123B.03, subdivision 1, is amended to read:
3.26    Subdivision 1. Background check required. (a) A school hiring authority shall
3.27request a criminal history background check from the superintendent of the Bureau of
3.28Criminal Apprehension on all individuals who are offered employment in a school and
3.29on all individuals, except enrolled student volunteers, who are offered the opportunity to
3.30provide athletic coaching services or other extracurricular academic coaching services to a
3.31school, regardless of whether any compensation is paid. In order for an individual to be
3.32eligible for employment or to provide the services, the individual must provide an executed
3.33criminal history consent form and a money order or check payable to either the Bureau of
3.34Criminal Apprehension or the school hiring authority, at the discretion of the school hiring
4.1authority, in an amount equal to the actual cost to the Bureau of Criminal Apprehension
4.2and the school district of conducting the criminal history background check. A school
4.3hiring authority deciding to receive payment may, at its discretion, accept payment in the
4.4form of a negotiable instrument other than a money order or check and shall pay the
4.5superintendent of the Bureau of Criminal Apprehension directly to conduct the background
4.6check. The superintendent of the Bureau of Criminal Apprehension shall conduct the
4.7background check by retrieving criminal history data maintained in the criminal justice
4.8information system computers as defined in section 13.87. A school hiring authority,
4.9at its discretion, may decide not to request a criminal history background check on an
4.10individual who holds an initial entrance license issued by the State Board of Teaching or
4.11the commissioner of education within the 12 months preceding an offer of employment.
4.12    (b) A school hiring authority may use the results of a criminal background check
4.13conducted at the request of another school hiring authority if:
4.14    (1) the results of the criminal background check are on file with the other school
4.15hiring authority or otherwise accessible;
4.16    (2) the other school hiring authority conducted a criminal background check within
4.17the previous 12 months;
4.18    (3) the individual who is the subject of the criminal background check executes a
4.19written consent form giving a school hiring authority access to the results of the check; and
4.20    (4) there is no reason to believe that the individual has committed an act subsequent
4.21to the check that would disqualify the individual for employment.
4.22    (c) A school hiring authority may, at its discretion, request a criminal history
4.23background check from the superintendent of the Bureau of Criminal Apprehension on
4.24any individual who seeks to enter a school or its grounds for the purpose of serving as a
4.25school volunteer or working as an independent contractor or student employee. In order
4.26for an individual to enter a school or its grounds under this paragraph when the school
4.27hiring authority decides to request a criminal history background check on the individual,
4.28the individual first must provide an executed criminal history consent form and a money
4.29order, check, or other negotiable instrument payable to the school district in an amount
4.30equal to the actual cost to the Bureau of Criminal Apprehension and the school district
4.31of conducting the criminal history background check. Notwithstanding section 299C.62,
4.32subdivision 1 , the cost of the criminal history background check under this paragraph is
4.33the responsibility of the individual.
4.34    (d) For all nonstate residents who are offered employment in a school, a school
4.35hiring authority shall request a criminal history background check on such individuals
4.36from the superintendent of the Bureau of Criminal Apprehension and from the government
5.1agency performing the same function in the resident state or, if no government entity
5.2performs the same function in the resident state, from the Federal Bureau of Investigation.
5.3Such individuals must provide an executed criminal history consent form and a money
5.4order, check, or other negotiable instrument payable to the school hiring authority in an
5.5amount equal to the actual cost to the government agencies and the school district of
5.6conducting the criminal history background check. Notwithstanding section 299C.62,
5.7subdivision 1 , the cost of the criminal history background check under this paragraph is
5.8the responsibility of the individual.
5.9    (e) At the beginning of each school year or when a student enrolls, a school hiring
5.10authority must notify parents and guardians about the school hiring authority's policy
5.11requiring a criminal history background check on employees and other individuals who
5.12provide services to the school, and identify those positions subject to a background check
5.13and the extent of the hiring authority's discretion in requiring a background check. The
5.14school hiring authority may include the notice in the student handbook, a school policy
5.15guide, or other similar communication. Nothing in this paragraph affects a school hiring
5.16authority's ability to request a criminal history background check on an individual under
5.17paragraph (c).

5.18    Sec. 5. Minnesota Statutes 2008, section 246.13, subdivision 2, is amended to read:
5.19    Subd. 2. Definitions; risk assessment and management. (a) As used in this
5.20section:
5.21(1) "appropriate and necessary medical and other records" includes patient medical
5.22records and other protected health information as defined by Code of Federal Regulations,
5.23title 45, section 164.501, relating to a patient in a state-operated services facility including,
5.24but not limited to, the patient's treatment plan and abuse prevention plan that is pertinent
5.25to the patient's ongoing care, treatment, or placement in a community-based treatment
5.26facility or a health care facility that is not operated by state-operated services, and
5.27includes information describing the level of risk posed by a patient when the patient
5.28enters the facility;
5.29(2) "community-based treatment" means the community support services listed in
5.30section 253B.02, subdivision 4b;
5.31(3) "criminal history data" means those data maintained or used by the Departments
5.32of Corrections and Public Safety and by the supervisory authorities listed in section
5.3313.84, subdivision 1 , that relate to an individual's criminal history or propensity for
5.34violence, including data in the Corrections Offender Management System (COMS) and
5.35Statewide Supervision System (S3) maintained by the Department of Corrections; the
6.1Criminal Justice Information System (CJIS) criminal history data as defined in section
6.213.87, Integrated Search Service as defined in section 13.873 and the Predatory Offender
6.3Registration (POR) system maintained by the Department of Public Safety; and the
6.4CriMNet system;
6.5(4) "designated agency" means the agency defined in section 253B.02, subdivision 5;
6.6(5) "law enforcement agency" means the law enforcement agency having primary
6.7jurisdiction over the location where the offender expects to reside upon release;
6.8(6) "predatory offender" and "offender" mean a person who is required to register as
6.9a predatory offender under section 243.166; and
6.10(7) "treatment facility" means a facility as defined in section 253B.02, subdivision 19.
6.11(b) To promote public safety and for the purposes and subject to the requirements of
6.12this paragraph, the commissioner or the commissioner's designee shall have access to, and
6.13may review and disclose, medical and criminal history data as provided by this section, as
6.14necessary to comply with Minnesota Rules, part 1205.0400:
6.15(1) to determine whether a patient is required under state law to register as a
6.16predatory offender according to section 243.166;
6.17(2) to facilitate and expedite the responsibilities of the special review board and
6.18end-of-confinement review committees by corrections institutions and state treatment
6.19facilities;
6.20(3) to prepare, amend, or revise the abuse prevention plans required under section
6.21626.557, subdivision 14 , and individual patient treatment plans required under section
6.22253B.03, subdivision 7 ;
6.23(4) to facilitate the custody, supervision, and transport of individuals transferred
6.24between the Department of Corrections and the Department of Human Services; or
6.25(5) to effectively monitor and supervise individuals who are under the authority of
6.26the Department of Corrections, the Department of Human Services, and the supervisory
6.27authorities listed in section 13.84, subdivision 1.
6.28(c) The state-operated services treatment facility must make a good faith effort
6.29to obtain written authorization from the patient before releasing information from the
6.30patient's medical record.
6.31(d) If the patient refuses or is unable to give informed consent to authorize the
6.32release of information required above, the chief executive officer for state-operated
6.33services shall provide the appropriate and necessary medical and other records. The chief
6.34executive officer shall comply with the minimum necessary requirements.
7.1(e) The commissioner may have access to the National Crime Information Center
7.2(NCIC) database, through the Department of Public Safety, in support of the law
7.3enforcement functions described in paragraph (b).

7.4    Sec. 6. Minnesota Statutes 2008, section 253B.141, subdivision 1, is amended to read:
7.5    Subdivision 1. Report of absence. (a) If a patient committed under this chapter or
7.6detained under a judicial hold is absent without authorization, and either: (1) does not
7.7return voluntarily within 72 hours of the time the unauthorized absence began; or (2) is
7.8considered by the head of the treatment facility to be a danger to self or others, then the
7.9head of the treatment facility shall report the absence to the local law enforcement agency.
7.10The head of the treatment facility shall also notify the committing court that the patient is
7.11absent and that the absence has been reported to the local law enforcement agency. The
7.12committing court may issue an order directing the law enforcement agency to transport the
7.13patient to an appropriate facility.
7.14(b) Upon receiving a report that a patient subject to this section is absent without
7.15authorization, the local law enforcement agency shall enter information on the patient
7.16through the criminal justice information system into the missing persons file of the
7.17National Crime Information Center computer according to the missing persons practices.

7.18    Sec. 7. Minnesota Statutes 2008, section 299C.115, is amended to read:
7.19299C.115 WARRANT INFORMATION PROVIDED TO STATE.
7.20(a) By January 1, 1996, every county shall, in the manner provided in either clause
7.21(1) or (2), make warrant information available to other users of the Minnesota criminal
7.22justice information system criminal justice data communications network as defined
7.23in section 299C.46:
7.24(1) the county shall enter the warrant information in the warrant file of the Minnesota
7.25criminal justice information system maintained by the Bureau of Criminal Apprehension
7.26in the Department of Public Safety; or
7.27(2) the county, at no charge to the state, shall make the warrant information that
7.28is maintained in the county's computer accessible by means of a single query to the
7.29Minnesota criminal justice information system made through the Bureau of Criminal
7.30Apprehension in the Department of Public Safety.
7.31(b) As used in this section, "warrant information" means information on all
7.32outstanding felony, gross misdemeanor, and misdemeanor warrants for adults and
7.33juveniles that are issued within the county.

8.1    Sec. 8. Minnesota Statutes 2008, section 299C.40, subdivision 1, is amended to read:
8.2    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
8.3section.
8.4(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located
8.5in the Department of Public Safety and managed by the Bureau of Criminal Apprehension,
8.6Criminal Justice Information Systems Section. A reference in this section to "CIBRS"
8.7includes the Bureau of Criminal Apprehension.
8.8(c) "Law enforcement agency" means a Minnesota municipal police department,
8.9the Metropolitan Transit Police, the Metropolitan Airports Police, the University of
8.10Minnesota Police Department, the Department of Corrections Fugitive Apprehension
8.11Unit, a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or
8.12the Minnesota State Patrol.

8.13    Sec. 9. Minnesota Statutes 2008, section 299C.46, subdivision 1, is amended to read:
8.14    Subdivision 1. Establishment; interconnection. The commissioner of public
8.15safety shall establish a criminal justice data communications network which will enable
8.16the interconnection of the criminal justice agencies within the state into a unified criminal
8.17justice information system. The commissioner of public safety is authorized to lease
8.18or purchase facilities and equipment as may be necessary to establish and maintain the
8.19data communications network.

8.20    Sec. 10. Minnesota Statutes 2008, section 299C.52, subdivision 1, is amended to read:
8.21    Subdivision 1. Definitions. As used in sections 299C.52 to 299C.56, the following
8.22terms have the meanings given them:
8.23(a) "Child" means any person under the age of 18 years or any person certified or
8.24known to be mentally incompetent.
8.25(b) "CJIS" means Minnesota criminal justice information system.
8.26(c) (b) "Missing" means the status of a child after a law enforcement agency that
8.27has received a report of a missing child has conducted a preliminary investigation and
8.28determined that the child cannot be located.
8.29(d) (c) "NCIC" means National Crime Information Center.
8.30(e) (d) "Endangered" means that a law enforcement official has received sufficient
8.31evidence that the child is with a person who presents a threat of immediate physical injury
8.32to the child or physical or sexual abuse of the child.

8.33    Sec. 11. Minnesota Statutes 2008, section 299C.52, subdivision 3, is amended to read:
9.1    Subd. 3. Computer equipment and programs. The commissioner shall provide
9.2the necessary computer hardware and computer programs to enter, modify, and cancel
9.3information on missing children in the NCIC computer through the CJIS. These programs
9.4must provide for search and retrieval of information using the following identifiers:
9.5physical description, name and date of birth, name and Social Security number, name
9.6and driver's license number, vehicle license number, and vehicle identification number.
9.7The commissioner shall also provide a system for regional, statewide, multistate, and
9.8nationwide broadcasts of information on missing children. These broadcasts shall be
9.9made by local law enforcement agencies where possible or, in the case of statewide or
9.10nationwide broadcasts, by the Bureau of Criminal Apprehension upon request of the local
9.11law enforcement agency.

9.12    Sec. 12. Minnesota Statutes 2008, section 299C.52, subdivision 4, is amended to read:
9.13    Subd. 4. Authority to enter or retrieve information. Only law enforcement
9.14agencies may enter missing child information through the CJIS into the NCIC computer or
9.15retrieve information through the CJIS from the NCIC computer.

9.16    Sec. 13. Minnesota Statutes 2008, section 299C.53, subdivision 1, is amended to read:
9.17    Subdivision 1. Investigation and entry of information. Upon receiving a report
9.18of a child believed to be missing, a law enforcement agency shall conduct a preliminary
9.19investigation to determine whether the child is missing. If the child is initially determined
9.20to be missing and endangered, the agency shall immediately consult the Bureau of
9.21Criminal Apprehension during the preliminary investigation, in recognition of the fact
9.22that the first two hours are critical. If the child is determined to be missing, the agency
9.23shall immediately enter identifying and descriptive information about the child through
9.24the CJIS into the NCIC computer. Law enforcement agencies having direct access to the
9.25CJIS and the NCIC computer shall enter and retrieve the data directly and shall cooperate
9.26in the entry and retrieval of data on behalf of law enforcement agencies which do not
9.27have direct access to the systems.

9.28    Sec. 14. Minnesota Statutes 2008, section 299C.62, subdivision 1, is amended to read:
9.29    Subdivision 1. Generally. The superintendent shall develop procedures to enable a
9.30children's service provider to request a background check to determine whether a children's
9.31service worker is the subject of any reported conviction for a background check crime.
9.32The superintendent shall perform the background check by retrieving and reviewing data
9.33on background check crimes maintained in the CJIS computers. The superintendent is
10.1authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes
10.2of a criminal history check. The superintendent shall recover the cost of a background
10.3check through a fee charged the children's service provider.

10.4    Sec. 15. Minnesota Statutes 2008, section 299C.65, subdivision 1, is amended to read:
10.5    Subdivision 1. Membership, duties. (a) The Criminal and Juvenile Justice
10.6Information Policy Group consists of the commissioner of corrections, the commissioner
10.7of public safety, the state chief information officer, the commissioner of finance, four
10.8members of the judicial branch appointed by the chief justice of the Supreme Court,
10.9and the chair and first vice-chair of the Criminal and Juvenile Justice Information Task
10.10Force. The policy group may appoint additional, nonvoting members as necessary from
10.11time to time.
10.12(b) The commissioner of public safety is designated as the chair of the policy group.
10.13The commissioner and the policy group have overall responsibility for the successful
10.14completion integration of statewide criminal justice information system integration
10.15(CriMNet) systems. This integration effort shall be known as CriMNet. The policy group
10.16may hire an executive director to manage the CriMNet projects and to be responsible for
10.17the day-to-day operations of CriMNet. The executive director shall serve at the pleasure
10.18of the policy group in unclassified service. The policy group must ensure that generally
10.19accepted project management techniques are utilized for each CriMNet project, including:
10.20(1) clear sponsorship;
10.21(2) scope management;
10.22(3) project planning, control, and execution;
10.23(4) continuous risk assessment and mitigation;
10.24(5) cost management;
10.25(6) quality management reviews;
10.26(7) communications management;
10.27(8) proven methodology; and
10.28(9) education and training.
10.29(c) Products and services for CriMNet project management, system design,
10.30implementation, and application hosting must be acquired using an appropriate
10.31procurement process, which includes:
10.32(1) a determination of required products and services;
10.33(2) a request for proposal development and identification of potential sources;
10.34(3) competitive bid solicitation, evaluation, and selection; and
10.35(4) contract administration and close-out.
11.1(d) The policy group shall study and make recommendations to the governor, the
11.2Supreme Court, and the legislature on:
11.3(1) a framework for integrated criminal justice information systems, including the
11.4development and maintenance of a community data model for state, county, and local
11.5criminal justice information;
11.6(2) the responsibilities of each entity within the criminal and juvenile justice systems
11.7concerning the collection, maintenance, dissemination, and sharing of criminal justice
11.8information with one another;
11.9(3) actions necessary to ensure that information maintained in the criminal justice
11.10information systems is accurate and up-to-date;
11.11(4) the development of an information system containing criminal justice
11.12information on gross misdemeanor-level and felony-level juvenile offenders that is part of
11.13the integrated criminal justice information system framework;
11.14(5) the development of an information system containing criminal justice
11.15information on misdemeanor arrests, prosecutions, and convictions that is part of the
11.16integrated criminal justice information system framework;
11.17(6) comprehensive training programs and requirements for all individuals in criminal
11.18justice agencies to ensure the quality and accuracy of information in those systems;
11.19(7) continuing education requirements for individuals in criminal justice agencies
11.20who are responsible for the collection, maintenance, dissemination, and sharing of
11.21criminal justice data;
11.22(8) a periodic audit process to ensure the quality and accuracy of information
11.23contained in the criminal justice information systems;
11.24(9) the equipment, training, and funding needs of the state and local agencies that
11.25participate in the criminal justice information systems;
11.26(10) the impact of integrated criminal justice information systems on individual
11.27privacy rights;
11.28(11) the impact of proposed legislation on the criminal justice system, including any
11.29fiscal impact, need for training, changes in information systems, and changes in processes;
11.30(12) the collection of data on race and ethnicity in criminal justice information
11.31systems;
11.32(13) the development of a tracking system for domestic abuse orders for protection;
11.33(14) processes for expungement, correction of inaccurate records, destruction of
11.34records, and other matters relating to the privacy interests of individuals; and
11.35(15) the development of a database for extended jurisdiction juvenile records and
11.36whether the records should be public or private and how long they should be retained.

12.1    Sec. 16. Minnesota Statutes 2008, section 299C.65, subdivision 5, is amended to read:
12.2    Subd. 5. Review of funding and grant requests. (a) The Criminal and Juvenile
12.3Justice Information Policy Group shall review the funding requests for criminal justice
12.4information systems from state, county, and municipal government agencies. The
12.5policy group shall review the requests for compatibility to statewide criminal justice
12.6information system standards. The review shall be forwarded to the chairs and ranking
12.7minority members of the house of representatives and senate committees and divisions
12.8with jurisdiction over criminal justice funding and policy.
12.9    (b) The CriMNet program office executive director, in consultation with the
12.10Criminal and Juvenile Justice Information Task Force and with the approval of the policy
12.11group, shall create the requirements for any grant request and determine the integration
12.12priorities for the grant period. The CriMNet program office executive director shall also
12.13review the requests submitted for compatibility to statewide criminal justice information
12.14systems standards.
12.15    (c) The task force shall review funding requests for criminal justice information
12.16systems grants and make recommendations to the policy group. The policy group shall
12.17review the recommendations of the task force and shall make a final recommendation
12.18for criminal justice information systems grants to be made by the commissioner of
12.19public safety. Within the limits of available state appropriations and federal grants, the
12.20commissioner of public safety shall make grants for projects that have been recommended
12.21by the policy group.
12.22    (d) The policy group may approve grants only if the applicant provides an
12.23appropriate share of matching funds as determined by the policy group to help pay up to
12.24one-half of the costs of the grant request. The matching requirement must be constant for
12.25all applicants within each grant offering. The policy group shall adopt policies concerning
12.26the use of in-kind resources to satisfy the match requirement and the sources from which
12.27matching funds may be obtained. Local operational or technology staffing costs may be
12.28considered as meeting this match requirement. Each grant recipient shall certify to the
12.29policy group that it has not reduced funds from local, county, federal, or other sources
12.30which, in the absence of the grant, would have been made available to the grant recipient
12.31to improve or integrate criminal justice technology.
12.32    (e) All grant recipients shall submit to the CriMNet program office executive
12.33director all requested documentation including grant status, financial reports, and a final
12.34report evaluating how the grant funds improved the agency's criminal justice integration
12.35priorities. The CriMNet program office executive director shall establish the recipient's
12.36reporting dates at the time funds are awarded.

13.1    Sec. 17. Minnesota Statutes 2008, section 299C.68, subdivision 2, is amended to read:
13.2    Subd. 2. Procedures. The superintendent shall develop procedures to enable an
13.3owner to request a background check to determine whether a manager is the subject of
13.4a reported conviction for a background check crime. The superintendent shall perform
13.5the background check by retrieving and reviewing data on background check crimes
13.6maintained in the CJIS computers. The superintendent shall notify the owner in writing
13.7of the results of the background check. If the manager has resided in Minnesota for
13.8less than ten years or upon request of the owner, the superintendent shall also either:
13.9(1) conduct a search of the national criminal records repository, including the criminal
13.10justice data communications network; or (2) conduct a search of the criminal justice data
13.11communications network records in the state or states where the manager has resided
13.12for the preceding ten years. The superintendent is authorized to exchange fingerprints
13.13with the Federal Bureau of Investigation for purposes of the criminal history check.
13.14The superintendent shall recover the cost of a background check through a fee charged
13.15to the owner.

13.16    Sec. 18. Minnesota Statutes 2008, section 388.24, subdivision 4, is amended to read:
13.17    Subd. 4. Reporting of data to criminal justice information system (CJIS)
13.18Bureau of Criminal Apprehension. Effective August 1, 1997, every county attorney who
13.19establishes a diversion program under this section shall report the following information
13.20to the Bureau of Criminal Apprehension:
13.21(1) the name and date of birth of each diversion program participant and any other
13.22identifying information the superintendent considers necessary;
13.23(2) the date on which the individual began to participate in the diversion program;
13.24(3) the date on which the individual is expected to complete the diversion program;
13.25(4) the date on which the individual successfully completed the diversion program,
13.26where applicable; and
13.27(5) the date on which the individual was removed from the diversion program for
13.28failure to successfully complete the individual's goals, where applicable.
13.29The superintendent shall cause the information described in this subdivision to be
13.30entered into and maintained in the criminal history file of the Minnesota Criminal Justice
13.31Information System as defined in section 13.87.

13.32    Sec. 19. Minnesota Statutes 2008, section 401.065, subdivision 3a, is amended to read:
13.33    Subd. 3a. Reporting of data to criminal justice information system (CJIS)
13.34Bureau of Criminal Apprehension. (a) Every county attorney who establishes a
14.1diversion program under this section shall report the following information to the Bureau
14.2of Criminal Apprehension:
14.3(1) the name and date of birth of each diversion program participant and any other
14.4identifying information the superintendent considers necessary;
14.5(2) the date on which the individual began to participate in the diversion program;
14.6(3) the date on which the individual is expected to complete the diversion program;
14.7(4) the date on which the individual successfully completed the diversion program,
14.8where applicable; and
14.9(5) the date on which the individual was removed from the diversion program for
14.10failure to successfully complete the individual's goals, where applicable.
14.11The superintendent shall cause the information described in this subdivision to be
14.12entered into and maintained in the criminal history file of the Minnesota criminal justice
14.13information system as defined in section 13.87.
14.14(b) Effective August 1, 1997, the reporting requirements of this subdivision shall
14.15apply to misdemeanor offenses.

14.16    Sec. 20. Minnesota Statutes 2008, section 480.23, is amended to read:
14.17480.23 COMPUTER ACQUISITION BY COURTS.
14.18In order to facilitate the effective management and coordination of the Minnesota
14.19courts system, an appropriate official of any court or of a local governmental unit in
14.20providing services to any court, if authorized by the state court administrator and with the
14.21concurrence of the contracting vendor, may acquire electronic data processing equipment
14.22or services through an existing contract originated by the Supreme Court. The state court
14.23administrator shall grant this authority only pursuant to the implementation of justice
14.24information systems compatible with systems participating on the Minnesota Criminal
14.25Justice Information Systems Communications Network administered by the Bureau of
14.26Criminal Apprehension in the Department of Public Safety.

14.27    Sec. 21. Minnesota Statutes 2008, section 518.165, subdivision 5, is amended to read:
14.28    Subd. 5. Procedure, criminal history, and maltreatment records background
14.29study. (a) When the court requests a background study under subdivision 4, paragraph
14.30(a), the request shall be submitted to the Department of Human Services through the
14.31department's electronic online background study system.
14.32(b) When the court requests a search of the National Criminal Records Repository,
14.33the court must provide a set of classifiable fingerprints of the subject of the study on a
14.34fingerprint card provided by the commissioner of human services.
15.1(c) The commissioner of human services shall provide the court with information
15.2criminal history data as defined in section 13.87 from the Bureau of Criminal
15.3Apprehension's Criminal Justice Information System Apprehension in the Department of
15.4Public Safety, other criminal history data held by the commissioner of human services,
15.5and data regarding substantiated maltreatment of a minor under section 626.556, and
15.6substantiated maltreatment of a vulnerable adult under section 626.557, within 15
15.7working days of receipt of a request. If the subject of the study has been determined by
15.8the Department of Human Services or the Department of Health to be the perpetrator
15.9of substantiated maltreatment of a minor or vulnerable adult in a licensed facility, the
15.10response must include a copy of the public portion of the investigation memorandum
15.11under section 626.556, subdivision 10f, or the public portion of the investigation
15.12memorandum under section 626.557, subdivision 12b. When the background study shows
15.13that the subject has been determined by a county adult protection or child protection
15.14agency to have been responsible for maltreatment, the court shall be informed of the
15.15county, the date of the finding, and the nature of the maltreatment that was substantiated.
15.16The commissioner shall provide the court with information from the National Criminal
15.17Records Repository within three working days of the commissioner's receipt of the data.
15.18When the commissioner finds no criminal history or substantiated maltreatment on a
15.19background study subject, the commissioner shall make these results available to the court
15.20electronically through the secure online background study system.
15.21(d) Notwithstanding section 626.556, subdivision 10f, or 626.557, subdivision
15.2212b , if the commissioner or county lead agency has information that a person on whom
15.23a background study was previously done under this section has been determined to be a
15.24perpetrator of maltreatment of a minor or vulnerable adult, the commissioner or the county
15.25may provide this information to the court that requested the background study.

15.26    Sec. 22. Minnesota Statutes 2008, section 524.5-118, subdivision 2, is amended to read:
15.27    Subd. 2. Procedure; criminal history and maltreatment records background
15.28check. (a) The court shall request the commissioner of human services to complete a
15.29background study under section 245C.32. The request must be accompanied by the
15.30applicable fee and the signed consent of the subject of the study authorizing the release of
15.31the data obtained to the court. If the court is requesting a search of the National Criminal
15.32Records Repository, the request must be accompanied by a set of classifiable fingerprints
15.33of the subject of the study. The fingerprints must be recorded on a fingerprint card
15.34provided by the commissioner of human services.
16.1(b) The commissioner of human services shall provide the court with information
16.2criminal history data as defined in section 13.87 from the Bureau of Criminal
16.3Apprehension's criminal justice information system Apprehension in the Department of
16.4Public Safety, other criminal history data held by the commissioner of human services,
16.5and data regarding substantiated maltreatment of vulnerable adults under section 626.557
16.6and substantiated maltreatment of minors under section 626.556 within 15 working days
16.7of receipt of a request. If the subject of the study has been the perpetrator of substantiated
16.8maltreatment of a vulnerable adult or minor, the response must include a copy of the
16.9public portion of the investigation memorandum under section 626.557, subdivision
16.1012b , or the public portion of the investigation memorandum under section 626.556,
16.11subdivision 10f . If the court did not request a search of the National Criminal Records
16.12Repository and information from the Bureau of Criminal Apprehension indicates that the
16.13subject is a multistate offender or that multistate offender status is undetermined, the
16.14response must include this information. The commissioner shall provide the court with
16.15information from the National Criminal Records Repository within three working days
16.16of the commissioner's receipt of the data.
16.17(c) Notwithstanding section 626.557, subdivision 12b, or 626.556, subdivision 10f, if
16.18the commissioner of human services or a county lead agency has information that a person
16.19on whom a background study was previously done under this section has been determined
16.20to be a perpetrator of maltreatment of a vulnerable adult or minor, the commissioner or the
16.21county may provide this information to the court that requested the background study. The
16.22commissioner may also provide the court with additional criminal history or substantiated
16.23maltreatment information that becomes available after the background study is done.

16.24    Sec. 23. Minnesota Statutes 2008, section 611.272, is amended to read:
16.25611.272 ACCESS TO GOVERNMENT DATA.
16.26The district public defender, the state public defender, or an attorney working for
16.27a public defense corporation under section 611.216 has access to the criminal justice
16.28data communications network described in section 299C.46, as provided in this section.
16.29Access to data under this section is limited to data necessary to prepare criminal cases in
16.30which the public defender has been appointed as follows:
16.31(1) access to data about witnesses in a criminal case shall be limited to records of
16.32criminal convictions; and
16.33(2) access to data regarding the public defender's own client which includes, but
16.34is not limited to, criminal history data under section 13.87; juvenile offender data under
16.35section 299C.095; warrant information data under section 299C.115; incarceration data
17.1under section 299C.14; conditional release data under section 241.065; and diversion
17.2program data under section 299C.46, subdivision 5.
17.3The public defender has access to data under this section, whether accessed via CriMNet
17.4the integrated search service as defined in section 13.873 or other methods. The public
17.5defender does not have access to law enforcement active investigative data under section
17.613.82, subdivision 7 ; data protected under section 13.82, subdivision 17; confidential
17.7arrest warrant indices data under section 13.82, subdivision 19; or data systems maintained
17.8by a prosecuting attorney. The public defender has access to the data at no charge, except
17.9for the monthly network access charge under section 299C.46, subdivision 3, paragraph
17.10(b), and a reasonable installation charge for a terminal. Notwithstanding section 13.87,
17.11subdivision 3 ; 299C.46, subdivision 3, paragraph (b); 299C.48, or any other law to the
17.12contrary, there shall be no charge to public defenders for Internet access to the criminal
17.13justice data communications network.

17.14    Sec. 24. Minnesota Statutes 2008, section 628.69, subdivision 6, is amended to read:
17.15    Subd. 6. Reporting of data to criminal justice information system (CJIS)
17.16Bureau of Criminal Apprehension. Every county attorney who has established a pretrial
17.17diversion program under this section shall report the following information to the Bureau
17.18of Criminal Apprehension:
17.19(1) the name and date of birth of each diversion program participant, and any other
17.20identifying information the superintendent considers necessary;
17.21(2) the date on which the individual began to participate in the diversion program;
17.22(3) the date on which the individual is expected to complete the diversion program;
17.23(4) the date on which the individual successfully completed the diversion program,
17.24where applicable; and
17.25(5) the date on which the individual was removed from the diversion program for
17.26failure to successfully complete the individual's goals, where applicable.
17.27The superintendent shall cause the information described in this subdivision to be
17.28entered into and maintained in the criminal history file of the Minnesota Criminal Justice
17.29Information System as defined in section 13.87.

17.30    Sec. 25. REPEALER.
17.31Minnesota Statutes 2008, sections 299C.61, subdivision 8; and 299C.67, subdivision
17.323, are repealed.