Minnesota Legislature
HF 2012
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to public safety; crime prevention; health
and human services; establishing a judicial diversion
program for drug offenders; authorizing expungement of
certain criminal records; directing the commissioner
of health and human services to issue a request for
proposals for secure chemical dependency treatment
facilities; amending Minnesota Statutes 2004, sections
152.152; 254B.02, subdivision 1; 609A.02, subdivision
1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 152.152, is
amended to read:
152.152 new text begin MANDATORY CHEMICAL DEPENDENCY ASSESSMENT AND
new text end
STAYED SENTENCE deleted text begin LIMITEDdeleted text end .
new text begin
(a) new text end If a person is convicted under section 152.021,
152.022, deleted text begin or deleted text end 152.023new text begin , 152.024, or 152.025new text end , and the Sentencing
Guidelines grid calls for a presumptive prison sentence for the
offense, the court deleted text begin may deleted text end new text begin , prior to sentencing, must order the
offender to undergo a chemical dependency assessment as part of
the presentence investigation required under the Rules of
Criminal Procedure, rule 27. The party performing the chemical
dependency assessment must submit a report to the sentencing
court containing a recommendation on the offender's need for and
amenability to drug treatment. If after reviewing the
offender's chemical dependency assessment report the court
concludes the offender is in need of and amenable to drug
treatment and does not pose a flight risk or a threat to public
safety, the court must new text end stay imposition or execution of the
sentence deleted text begin only as provided in this section. The sentence may be
stayed based on amenability to probation only if the offender
presents adequate evidence to the court that the offender has
been accepted by, and can respond to, a treatment program that
has been approved by the commissioner of human servicesdeleted text end . new text begin If a
court determines an offender is not in need of or amenable to
treatment, poses a flight risk, or poses a threat to public
safety, the reasons for the court's decision must be placed on
the record. If an offender does not receive a stayed sentence,
new text end
the court may impose a sentence that is a mitigated
dispositional departure on any other ground only if the court
includes as a condition of probation incarceration in a local
jail or workhouse.
new text begin
(b) An offender who receives a stayed sentence under
paragraph (a) shall be ordered to spend at least one year in a
secure chemical dependency treatment facility licensed by the
commissioners of human services and corrections.
new text end
new text begin
(c) An offender who successfully completes treatment and
does not otherwise commit a crime within five years of being
released from a secure treatment facility shall be eligible to
petition for expungement, under chapter 609A, of all records and
files related to the offender's conviction.
new text end
new text begin
(d) Funding for offenders diverted to a secure treatment
facility under this section shall come from the consolidated
chemical dependency treatment fund as provided for in section
254B.02, subdivision 1.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007,
and applies to offenders who have not been sentenced prior to
that date.
new text end
Sec. 2.
Minnesota Statutes 2004, section 254B.02,
subdivision 1, is amended to read:
Subdivision 1.
Chemical dependency treatment allocation.
The chemical dependency funds appropriated for allocation shall
be placed in a special revenue account. The commissioner shall
annually transfer funds from the chemical dependency fund to pay
for operation of the drug and alcohol abuse normative evaluation
systemnew text begin , the treatment and care of criminal offenders diverted to
a secure chemical dependency treatment facility under section
152.152,new text end and to pay for all costs incurred by adding two
positions for licensing of chemical dependency treatment and
rehabilitation programs located in hospitals for which funds are
not otherwise appropriated. For each year of the biennium
ending June 30, 1999, the commissioner shall allocate funds to
the American Indian chemical dependency tribal account for
treatment of American Indians by eligible vendors under section
254B.05, equal to the amount allocated in fiscal year 1997. The
commissioner shall annually divide the money available in the
chemical dependency fund that is not held in reserve by counties
from a previous allocation, or allocated to the American Indian
chemical dependency tribal account. Six percent of the
remaining money must be reserved for the nonreservation American
Indian chemical dependency allocation for treatment of American
Indians by eligible vendors under section 254B.05, subdivision
1. The remainder of the money must be allocated among the
counties according to the following formula, using state
demographer data and other data sources determined by the
commissioner:
(a) For purposes of this formula, American Indians and
children under age 14 are subtracted from the population of each
county to determine the restricted population.
(b) The amount of chemical dependency fund expenditures for
entitled persons for services not covered by prepaid plans
governed by section 256B.69 in the previous year is divided by
the amount of chemical dependency fund expenditures for entitled
persons for all services to determine the proportion of exempt
service expenditures for each county.
(c) The prepaid plan months of eligibility is multiplied by
the proportion of exempt service expenditures to determine the
adjusted prepaid plan months of eligibility for each county.
(d) The adjusted prepaid plan months of eligibility is
added to the number of restricted population fee for service
months of eligibility for the Minnesota family investment
program, general assistance, and medical assistance and divided
by the county restricted population to determine county per
capita months of covered service eligibility.
(e) The number of adjusted prepaid plan months of
eligibility for the state is added to the number of fee for
service months of eligibility for the Minnesota family
investment program, general assistance, and medical assistance
for the state restricted population and divided by the state
restricted population to determine state per capita months of
covered service eligibility.
(f) The county per capita months of covered service
eligibility is divided by the state per capita months of covered
service eligibility to determine the county welfare caseload
factor.
(g) The median married couple income for the most recent
three-year period available for the state is divided by the
median married couple income for the same period for each county
to determine the income factor for each county.
(h) The county restricted population is multiplied by the
sum of the county welfare caseload factor and the county income
factor to determine the adjusted population.
(i) $15,000 shall be allocated to each county.
(j) The remaining funds shall be allocated proportional to
the county adjusted population.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 3.
Minnesota Statutes 2004, section 609A.02,
subdivision 1, is amended to read:
Subdivision 1.
Certain controlled substance offenses.
new text begin
(a) new text end Upon the dismissal and discharge of proceedings against a
person under section 152.18, subdivision 1, for violation of
section 152.024, 152.025, or 152.027 for possession of a
controlled substance, the person may petition under section
609A.03 for the sealing of all records relating to the arrest,
indictment or information, trial, and dismissal and discharge.
new text begin
(b) An offender who receives a stayed sentence under
section 152.152 and who (1) successfully completes treatment,
and (2) does not otherwise commit a crime within five years of
being released from a secure treatment facility, may petition
under section 609A.03 for the sealing of all records relating to
the arrest, indictment, trial, and sentencing.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2007,
and applies to crimes committed on or after that date.
new text end
Sec. 4. new text begin RFP TO CONSTRUCT AND OPERATE TREATMENT FACILITIES
FOR MALE AND FEMALE CONTROLLED SUBSTANCE OFFENDERS.
new text end
new text begin
(a) The commissioner of human services shall issue a
request for proposals from both private and public vendors to
construct and operate, for a minimum of ten years, secure
chemical dependency treatment facilities to house controlled
substance offenders who courts direct to treatment under
Minnesota Statutes, section 152.152. The request must solicit
proposals for:
new text end
new text begin
(1) facilities for male offenders with a capacity of at
least 750 beds; and
new text end
new text begin
(2) a facility for female offenders with a capacity of at
least 250 beds.
new text end
new text begin
(b) Proposals must:
new text end
new text begin
(1) satisfy Department of Human Services licensing
requirements for secure chemical dependency treatment
facilities;
new text end
new text begin
(2) satisfy Department of Corrections licensing
requirements provided for in section 241.021 and rule;
new text end
new text begin
(3) include a plan for the operation of comprehensive
chemical dependency treatment programs within the facilities for
methamphetamine as well as other controlled substances;
new text end
new text begin
(4) provide for the tracking of released offenders to
document recidivism rates for a minimum of four years after
release; and
new text end
new text begin
(5) provide the state of Minnesota with a first right to
acquire facilities if a private vendor elects to discontinue
providing services to the Department of Human Services.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day
following final enactment.
new text end