HF 1355

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/27/2023 03:56pm

A bill for an act
relating to corrections; authorizing e-filing of disposition of detainers; providing
language access to limited English proficient individuals under authority of
Department of Corrections; amending statutory language regarding substance use
disorder assessment process to reflect current standards of care; providing for
facility for commitment of adjudicated delinquents based on rehabilitation needs;
issuing warrant for convicted defendant not reporting to facility postsentencing;
modifying certain provisions regarding release of incarcerated persons; permitting
certain public agency and community corrections staff to participate in certain
employment benefits; providing for readmission to challenge incarceration program;
clarifying that Shakopee correctional facility offers challenge incarceration program;
combining Advisory council of Interstate Adult Supervision with Interstate
Commission for Juveniles; repealing intensive community supervision program
law; providing mechanism for funding probation services resulting from transition
of services to Department of Corrections; amending Minnesota Statutes 2022,
sections 169A.276, subdivision 1; 241.021, by adding a subdivision; 242.18;
243.1606; 243.58; 244.05, subdivisions 6, 8; 244.0513, subdivisions 2, 4; 244.171,
subdivision 4; 244.172, subdivision 1; 244.19, subdivisions 1, 5; 260.515; 299A.41,
subdivision 4; 629.292, subdivision 2; repealing Minnesota Statutes 2022, sections
244.14; 244.15.

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

Section 1.

Minnesota Statutes 2022, section 169A.276, subdivision 1, is amended to read:

Subdivision 1.

Mandatory prison sentence.

(a) The court shall sentence a person who
is convicted of a violation of section 169A.20 (driving while impaired) under the
circumstances described in section 169A.24 (first-degree driving while impaired) to
imprisonment for not less than three years. In addition, the court may order the person to
pay a fine of not more than $14,000.

(b) The court may stay execution of this mandatory sentence as provided in subdivision
2 (stay of mandatory sentence), but may not stay imposition or adjudication of the sentence
or impose a sentence that has a duration of less than three years.

(c) An offender committed to the custody of the commissioner of corrections under this
subdivision is not eligible for release as provided in section 241.26, 244.065, 244.12, or
244.17, unless the offender has successfully completed deleted text begin a chemical dependency treatment
program while in prison deleted text end new text begin treatment recommendations as determined by a comprehensive
substance use disorder assessment while incarcerated new text end .

(d) Notwithstanding the statutory maximum sentence provided in section 169A.24
(first-degree driving while impaired), when the court commits a person to the custody of
the commissioner of corrections under this subdivision, it shall provide that after the person
has been released from prison the commissioner shall place the person on conditional release
for five years. The commissioner shall impose any conditions of release that the commissioner
deems appropriate including, but not limited to, successful completion of an intensive
probation program as described in section 169A.74 (pilot programs of intensive probation
for repeat DWI offenders). If the person fails to comply with any condition of release, the
commissioner may revoke the person's conditional release and order the person to serve all
or part of the remaining portion of the conditional release term in prison. The commissioner
may not dismiss the person from supervision before the conditional release term expires.
Except as otherwise provided in this section, conditional release is governed by provisions
relating to supervised release. The failure of a court to direct the commissioner of corrections
to place the person on conditional release, as required in this paragraph, does not affect the
applicability of the conditional release provisions to the person.

(e) The commissioner shall require persons placed on supervised or conditional release
under this subdivision to pay as much of the costs of the supervision as possible. The
commissioner shall develop appropriate standards for this.

Sec. 2.

Minnesota Statutes 2022, section 241.021, is amended by adding a subdivision to
read:

new text begin Subd. 4e. new text end

new text begin Language access. new text end

new text begin The commissioner of corrections shall take reasonable steps
to provide meaningful access to limited English proficient (LEP) individuals incarcerated,
detained, or supervised by the Department of Corrections. The commissioner shall develop
written policy and annual training to implement language access for LEP individuals.
new text end

Sec. 3.

Minnesota Statutes 2022, section 242.18, is amended to read:

242.18 STUDY OF OFFENDER'S BACKGROUND; REHABILITATION.

new text begin (a) new text end When a person has been committed to the commissioner of corrections, the
commissioner under rules shall forthwith cause the person to be examined and studied, and
investigate all of the pertinent circumstances of the person's life and the antecedents of the
crime or other delinquent conduct because of which the person has been committed to the
commissioner, and thereupon order the treatment the commissioner determines to be most
conducive to rehabilitation. new text begin Except as authorized in paragraph (b), new text end persons convicted of
crimes shall not be detained in institutions for adjudicated delinquents, nor shall delinquent
children be detained in institutions for persons convicted of crimes. The court and the
prosecuting and police authorities and other public officials shall make available to the
commissioner of corrections all pertinent data in their possession in respect to the case.

new text begin (b) Upon review of safety considerations and the treatment and programming needs of
a juvenile convicted of a crime, the commissioner may commit the juvenile to the facility
that best meets rehabilitative needs.
new text end

Sec. 4.

Minnesota Statutes 2022, section 243.1606, is amended to read:

243.1606 ADVISORY COUNCIL ON INTERSTATE ADULT OFFENDER
SUPERVISION.

Subdivision 1.

Membership.

The Advisory Council on Interstate Adult Offender
Supervision deleted text begin consists deleted text end new text begin shall be combined with the State Advisory Council for the Interstate
Compact for Juveniles established by section 260.515 and consist new text end of the following individuals
or their designees:

(1) the governor;

(2) the chief justice of the supreme court;

(3) two senators, one from the majority and the other from the minority party, selected
by the Subcommittee on Committees of the senate Committee on Rules and Administration;

(4) two representatives, one from the majority and the other from the minority party,
selected by the house speaker;

(5) the compact administrator, selected as provided in section 243.1607;

new text begin (6) a representative from the Department of Human Services regarding the Interstate
Compact for the Placement of Children;
new text end

deleted text begin (6) deleted text end new text begin (7) new text end the executive director of the Office of Justice Programs in the Department of
Public Safety; deleted text begin and
deleted text end

new text begin (8) the deputy compact administrator as defined in section 260.515;
new text end

new text begin (9) a representative from the State Public Defender's Office;
new text end

new text begin (10) a representative from the Minnesota County Attorney's Association;
new text end

new text begin (11) a representative from the Minnesota Sheriff's Association;
new text end

new text begin (12) a representative from the Minnesota Association of County Probation Officers;
new text end

new text begin (13) a representative from the Minnesota Association of Community Corrections Act
Counties;
new text end

new text begin (14) a representative from the community at large;
new text end

new text begin (15) a representative from a community organization working with victims of crimes;
and
new text end

deleted text begin (7) deleted text end new text begin (16) new text end other members as appointed by the commissioner of corrections.

The council may elect a chair from among its members.

Subd. 2.

Duties.

The council shall oversee and administer the state's participation in deleted text begin the
compact deleted text end new text begin both compacts new text end described in deleted text begin section deleted text end new text begin sections new text end 243.1605 new text begin and 260.515 new text end . The council
shall appoint the compact administrator as the state's commissioner. In addition to these
duties, the council shall develop a model policy concerning the operations and procedures
of the compact within the state.

Subd. 3.

Annual report.

By March 1 of each year, the council shall report to the governor
and the chairs and ranking minority members of the senate and house of representatives
committees having jurisdiction over criminal justice policy on its activities along with
providing a copy of the annual report published by the national commission that includes
the activities of the interstate commission and executive committee as described in section
243.1605 for the preceding year. new text begin The council's annual report will also include information
required of the State Advisory Council for the Interstate Compact for Juveniles as described
in Article IV in section 260.515.
new text end

Subd. 4.

Expiration; expenses.

The provisions of section 15.059 apply to the council.

Sec. 5.

Minnesota Statutes 2022, section 243.58, is amended to read:

243.58 deleted text begin ESCAPED INMATES; WARRANT; REWARD deleted text end new text begin ISSUING WARRANT
FOR ESCAPED INMATE OR CONVICTED DEFENDANT new text end .

If an inmate escapes from any state correctional facility under the control of the
commissioner of corrections, the commissioner shall issue a warrant directed to any peace
officer requiring that the fugitive be taken into immediate custody and returned to any state
correctional facility designated by the commissioner. new text begin The commissioner may also issue
such a warrant when a convicted defendant fails to report postsentencing to their county
authority or to a state correctional facility. new text end The chief executive officer of the facility from
which the escape occurred shall use all proper means to apprehend and return the escapee,
which may include the offer of a reward of not more than $100 to be paid from the state
treasury, for information leading to the arrest and return to custody of the escapee.

Sec. 6.

Minnesota Statutes 2022, section 244.05, subdivision 6, is amended to read:

Subd. 6.

Intensive supervised release.

(a) The commissioner may order that an inmate
be placed on intensive supervised release for new text begin :
new text end

new text begin (1) new text end all or part of the inmate's supervised release or parole term deleted text begin if the commissioner
determines that the action will further the goals described in section 244.14, subdivision 1,
clauses (2), (3), and (4). In addition, the commissioner may order that an inmate be placed
on intensive supervised release for deleted text end new text begin ; or
new text end

new text begin (2) new text end all of the inmate's conditional or supervised release term if the inmate was new text begin :
new text end

new text begin (i) new text end convicted of a sex offense under section 609.342, 609.343, 609.344, 609.345, or
609.3453 new text begin ; new text end or

deleted text begin was deleted text end new text begin (ii) new text end sentenced under deleted text begin the deleted text end deleted text begin provisions of deleted text end section 609.3455, subdivision 3a.

new text begin (b) new text end The commissioner deleted text begin shall deleted text end new text begin must new text end order that all level III predatory offenders be placed
on intensive supervised release for the entire supervised release, conditional release, or
parole term.

deleted text begin (b) deleted text end new text begin (c) new text end The commissioner may impose appropriate conditions of release on deleted text begin the deleted text end new text begin an new text end inmate new text begin , new text end
including but not limited to new text begin :
new text end

new text begin (1) new text end unannounced searches new text begin by an intensive supervision agent new text end of the inmate's person,
vehicle, premises, computer, or other electronic devices capable of accessing the Internet
deleted text begin by an intensive supervision agent deleted text end ;

new text begin (2) new text end compliance with court-ordered restitution, if any;

new text begin (3) new text end random drug testing;

new text begin (4) new text end house arrest;

new text begin (5) new text end daily curfews;

new text begin (6) new text end frequent face-to-face contacts with an assigned intensive supervision agent;

new text begin (7) new text end work, education, or treatment requirements; and

new text begin (8) new text end electronic surveillance.

deleted text begin In addition, any deleted text end new text begin (d) A new text end sex offender placed on intensive supervised release may be ordered
to participate in an appropriate sex offender program as a condition of release.

new text begin (e) If electronic surveillance is directed for an inmate on intensive supervised release,
the commissioner must require that until electronic surveillance is activated:
new text end

new text begin (1) the inmate be kept in custody; or
new text end

new text begin (2) the inmate's intensive supervision agent, or the agent's designee, directly supervise
the inmate.
new text end

new text begin (f) Before being released from custody or the direct supervision of an intensive
supervision agent, an inmate placed on electronic surveillance must ensure that:
new text end

new text begin (1) the inmate's residence is properly equipped to support electronic surveillance; and
new text end

new text begin (2) the inmate's telecommunications system is properly configured to support electronic
surveillance.
new text end

new text begin (g) An inmate who fails to comply with paragraph (f) may be found in violation of the
inmate's conditions of release after a revocation hearing.
new text end

deleted text begin (c) deleted text end new text begin (h) new text end As a condition of release for an inmate required to register under section 243.166
who is placed on intensive supervised release under this subdivision, the commissioner shall
prohibit the inmate from accessing, creating, or maintaining a personal web page, profile,
account, password, or deleted text begin user name deleted text end new text begin username new text end for deleted text begin : deleted text end (1) a social networking website, or (2) an
instant messaging or chat room program, new text begin any of new text end which permits persons under the age of 18
to become a member or to create or maintain a personal web page.

new text begin (i) new text end An intensive deleted text begin supervised release deleted text end new text begin supervision new text end agent may modify the prohibition
deleted text begin described in this deleted text end new text begin under new text end paragraph new text begin (h) new text end if deleted text begin doing so does deleted text end new text begin :
new text end

new text begin (1) new text end new text begin the modification would new text end not jeopardize public safety new text begin ; new text end and

new text begin (2) new text end the modification is specifically described and agreed to in advance by the agent.

deleted text begin (d) deleted text end new text begin (j) new text end If deleted text begin the deleted text end new text begin an new text end inmate violates the conditions of deleted text begin the deleted text end intensive supervised release, the
commissioner deleted text begin shall deleted text end new text begin may new text end impose sanctions as provided in subdivision 3 and section 609.3455.

Sec. 7.

Minnesota Statutes 2022, section 244.05, subdivision 8, is amended to read:

Subd. 8.

Conditional medical new text begin and epidemic new text end release.

new text begin (a) new text end Notwithstanding subdivisions
4 and 5, the commissioner may order that deleted text begin any offender deleted text end new text begin an inmate new text end be placed on conditional
medical release before deleted text begin the offender's deleted text end new text begin their new text end scheduled supervised release date or target release
date if new text begin :
new text end

new text begin (1) new text end the deleted text begin offender deleted text end new text begin inmate new text end suffers from a grave illness or medical condition new text begin ; new text end and

new text begin (2) new text end the release poses no threat to the public.

new text begin (b) If there is an epidemic of any potentially fatal infectious or contagious disease in the
community or in a state correctional facility, the commissioner may also release an inmate
to home confinement before their scheduled supervised release date or target release date
if:
new text end

new text begin (1) the inmate has a medical condition or state of health that would make them particularly
vulnerable to the disease; and
new text end

new text begin (2) release to home confinement poses no threat to the public.
new text end

deleted text begin In making the decision to deleted text end new text begin (c) When deciding whether to new text end release an deleted text begin offender on this status deleted text end new text begin
inmate according to this subdivision new text end , the commissioner must consider new text begin :
new text end

new text begin (1) new text end the deleted text begin offender's deleted text end new text begin inmate's new text end age and medical condition, deleted text begin the deleted text end health care needs deleted text begin of the
offender deleted text end , deleted text begin the offender's deleted text end new text begin and new text end custody classification and level of risk of violence deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) new text end the appropriate level of community supervision deleted text begin , deleted text end new text begin ; new text end and

new text begin (3) new text end alternative placements that may be available for the deleted text begin offender deleted text end new text begin inmate new text end .

new text begin (d) new text end An inmate may not be released under this deleted text begin provision deleted text end new text begin subdivision new text end unless the
commissioner has determined that the inmate's health costs are likely to be borne by new text begin :
new text end

new text begin (1) the inmate; or
new text end

new text begin (2) new text end medical assistance, Medicaid, veteran's benefits, or deleted text begin by deleted text end any other federal or state
medical assistance programs deleted text begin or by the inmate deleted text end .

deleted text begin Conditional medical release is governed by provisions relating to supervised release
except that it may be rescinded deleted text end new text begin (e) The commissioner may rescind conditional medical
release new text end without new text begin a new text end hearing deleted text begin by the commissioner deleted text end if the deleted text begin offender's deleted text end new text begin commissioner considers that
the inmate's new text end medical condition deleted text begin improves deleted text end new text begin has improved new text end to the extent that deleted text begin the continuation
of the conditional medical release presents a more serious risk to the public. deleted text end new text begin :
new text end

new text begin (1) the illness or condition is no longer grave or can be managed by correctional health
care options; or
new text end

new text begin (2) the epidemic that precipitated release has subsided or effective vaccines or other
treatments have become available.
new text end

new text begin (f) Release under this subdivision may also be revoked in accordance with subdivisions
2 and 3 if the inmate violates any conditions of release imposed by the commissioner.
new text end

Sec. 8.

Minnesota Statutes 2022, section 244.0513, subdivision 2, is amended to read:

Subd. 2.

Conditional release of certain nonviolent controlled substance offenders.

An
offender who has been committed to the commissioner's custody may petition the
commissioner for conditional release from prison before the offender's scheduled supervised
release date or target release date if:

(1) the offender is serving a sentence for violating section 152.021, subdivision 2 or 2a;
152.022, subdivision 2; 152.023, subdivision 2; 152.024; or 152.025;

(2) the offender committed the crime as a result of a controlled substance deleted text begin addiction deleted text end new text begin use
disorder new text end ;

(3) the offender has served at least:

(i) 18 months or one-half of the offender's term of imprisonment, whichever is less, if
the offense for which the offender is seeking conditional release is a violation of section
152.024 or 152.025; or

(ii) 36 months or one-half of the offender's term of imprisonment, whichever is less, if
the offense for which the offender is seeking conditional release is a violation of section
152.021, subdivision 2 or 2a, 152.022, subdivision 2, or 152.023, subdivision 2;

(4) the offender successfully completed deleted text begin a substance use disorder treatment program of
the type described in this section while in prison deleted text end new text begin treatment recommendations as determined
by a comprehensive substance use disorder assessment while incarcerated new text end ;

(5) the offender has not previously been conditionally released under this section; and

(6) the offender has not within the past ten years been convicted or adjudicated delinquent
for a violent crime as defined in section 609.1095 other than the current conviction for the
controlled substance offense.

Sec. 9.

Minnesota Statutes 2022, section 244.0513, subdivision 4, is amended to read:

Subd. 4.

Substance use disorder treatment program components.

(a) The substance
use disorder treatment program described in subdivisions 2 and 3 must:

(1) contain a deleted text begin highly deleted text end structured deleted text begin daily deleted text end schedule for the offender;

(2) contain deleted text begin individualized educational programs designed to improve the basic educational
skills of the offender and to provide vocational training, if appropriate deleted text end new text begin individual or group
counseling or both to help the offender identify and address needs related to substance use
and develop strategies to avoid harmful substance use after discharge and to help the offender
obtain the services necessary to establish a lifestyle free of the harmful effects of substance
use disorder new text end ;

(3) contain programs designed to promote the offender's self-worth and the offender's
acceptance of responsibility for the consequences of the offender's own decisions;

(4) be deleted text begin licensed by the Department of Human Services and deleted text end designed to serve the inmate
population; and

(5) require that each offender submit to a deleted text begin chemical use assessment deleted text end new text begin substance use disorder
assessment new text end and that the offender receive the appropriate level of treatment as indicated by
the assessment.

(b) The commissioner deleted text begin shall deleted text end new text begin may new text end expel from the substance use disorder treatment program
any offender who:

(1) commits a material violation of or repeatedly fails to follow the rules of the program;

(2) commits any criminal offense while in the program; or

(3) presents any risk to other inmates based on the offender's behavior or attitude.

Sec. 10.

Minnesota Statutes 2022, section 244.171, subdivision 4, is amended to read:

Subd. 4.

Sanctions.

new text begin (a) new text end The commissioner shall impose severe and meaningful sanctions
for violating the conditions of the challenge incarceration program. The commissioner shall
remove an offender from the challenge incarceration program if the offender:

(1) commits a material violation of or repeatedly fails to follow the rules of the program;

(2) commits any misdemeanor, gross misdemeanor, or felony offense; or

(3) presents a risk to the public, based on the offender's behavior, attitude, or abuse of
alcohol or controlled substances. The removal of an offender from the challenge incarceration
program is governed by the procedures in the commissioner's rules adopted under section
244.05, subdivision 2.

new text begin (b) new text end An offender who is removed from the challenge incarceration program shall be
imprisoned for a time period equal to the offender's term of imprisonment, minus earned
good time if any, but in no case for longer than the time remaining in the offender's sentence.
"Term of imprisonment" means a time period equal to two-thirds of the sentence originally
executed by the sentencing court, minus jail credit, if any.

new text begin (c) Notwithstanding paragraph (b), an offender who has been removed from the challenge
incarceration program but who remains otherwise eligible for acceptance into the program
may be readmitted at the commissioner's discretion. An offender readmitted to the program
under this paragraph must participate from the beginning and complete all of the program's
phases.
new text end

Sec. 11.

Minnesota Statutes 2022, section 244.172, subdivision 1, is amended to read:

Subdivision 1.

Phase I.

Phase I of the program lasts at least six months. The offender
must be confined at the Minnesota Correctional Facility - Willow River/Moose Lake deleted text begin or deleted text end new text begin , new text end
the Minnesota Correctional Facility - Togo new text begin , or the Minnesota Correctional Facility - Shakopee new text end
and must successfully participate in all intensive treatment, education new text begin , new text end and work programs
required by the commissioner. The offender must also submit on demand to random drug
and alcohol testing at time intervals set by the commissioner. Throughout phase I, the
commissioner must severely restrict the offender's telephone and visitor privileges.

Sec. 12.

Minnesota Statutes 2022, section 244.19, subdivision 1, is amended to read:

Subdivision 1.

Appointment; joint services; state services.

(a) If a county or group of
counties has established a human services board pursuant to chapter 402, the district court
may appoint one or more county probation officers as necessary to perform court services,
and the human services board shall appoint persons as necessary to provide correctional
services within the authority granted in chapter 402. In all counties of more than 200,000
population, which have not organized pursuant to chapter 402, the district court shall appoint
one or more persons of good character to serve as county probation officers during the
pleasure of the court. All other counties shall provide adult misdemeanant and juvenile
probation services to district courts in one of the following ways:

(1) the court, with the approval of the county boards, may appoint one or more salaried
county probation officers to serve during the pleasure of the court;

(2) when two or more counties offer probation services the district court through the
county boards may appoint common salaried county probation officers to serve in the several
counties;

(3) a county or a district court may request the commissioner of corrections to furnish
probation services in accordance with the provisions of this section, and the commissioner
of corrections shall furnish such services to any county or court that fails to provide its own
probation officer by one of the two procedures listed above;

(4) if a county or district court providing probation services under clause (1) or (2) asks
the commissioner of corrections or the legislative body for the state of Minnesota mandates
the commissioner of corrections to furnish probation services to the district court, the
probation officers and other employees displaced by the changeover shall be employed by
the commissioner of corrections. new text begin The commissioner of corrections shall request an increase
to the county probation officers reimbursement appropriation during the legislative session
immediately following the transition of services, in an amount sufficient to pay the salaries
of the employees who transferred from county employees to state employees. Reimbursement
of funds received under subdivision 5 from a county that requested the commissioner of
corrections to furnish probation services shall be appropriated to the commissioner of
corrections for the provision of probation services until the county probation officers
reimbursement appropriation is sufficiently increased by the legislature. new text end Years of service
in the county probation department are to be given full credit for future sick leave and
vacation accrual purposes;

(5) all probation officers serving the juvenile courts on July 1, 1972, shall continue to
serve in the county or counties they are now serving.

(b) The commissioner of management and budget shall place employees transferred to
state service under paragraph (a), clause (4), in the proper classifications in the classified
service. Each employee is appointed without examination at no loss in salary or accrued
vacation or sick leave benefits, but no additional accrual of vacation or sick leave benefits
may occur until the employee's total accrued vacation or sick leave benefits fall below the
maximum permitted by the state for the employee's position. An employee appointed under
paragraph (a), clause (4), shall serve a probationary period of six months. After exhausting
labor contract remedies, a noncertified employee may appeal for a hearing within ten days
to the commissioner of management and budget, who may uphold the decision, extend the
probation period, or certify the employee. The decision of the commissioner of management
and budget is final. The state shall negotiate with the exclusive representative for the
bargaining unit to which the employees are transferred regarding their seniority. For purposes
of computing seniority among those employees transferring from one county unit only, a
transferred employee retains the same seniority position as the employee had within that
county's probation office.

Sec. 13.

Minnesota Statutes 2022, section 244.19, subdivision 5, is amended to read:

Subd. 5.

Compensation.

In counties of more than 200,000 population, a majority of the
judges of the district court may direct the payment of such salary to probation officers as
may be approved by the county board, and in addition thereto shall be reimbursed for all
necessary expenses incurred in the performance of their official duties. In all counties which
obtain probation services from the commissioner of corrections the commissioner shall, out
of appropriations provided therefor, pay probation officers the salary and all benefits fixed
by the state law or applicable bargaining unit and all necessary expenses, including secretarial
service, office equipment and supplies, postage, telephone and telegraph services, and travel
and subsistence. Each county receiving probation services from the commissioner of
corrections shall reimburse the department of corrections for the total cost and expenses of
such services as incurred by the commissioner of corrections. Total annual costs for each
county shall be that portion of the total costs and expenses for the services of one probation
officer represented by the ratio which the county's population bears to the total population
served by one officer. For the purposes of this section, the population of any county shall
be the most recent estimate made by the Department of Health. At least every six months
the commissioner of corrections shall bill for the total cost and expenses incurred by the
commissioner on behalf of each county which has received probation services. The
commissioner of corrections shall notify each county of the cost and expenses and the county
shall pay to the commissioner the amount due for reimbursement. All such reimbursements
shall be deposited in the general fund new text begin except as provided in subdivision 1, paragraph (a),
clause (4) new text end . Objections by a county to all allocation of such cost and expenses shall be
presented to and determined by the commissioner of corrections. Each county providing
probation services under this section is hereby authorized to use unexpended funds and to
levy additional taxes for this purpose.

The county commissioners of any county of not more than 200,000 population shall,
when requested to do so by the juvenile judge, provide probation officers with suitable
offices, and may provide equipment, and secretarial help needed to render the required
services.

Sec. 14.

Minnesota Statutes 2022, section 260.515, is amended to read:

260.515 INTERSTATE COMPACT FOR JUVENILES.

The Interstate Compact for Juveniles is enacted into law and entered into with all other
states legally joining in it in substantially the following form:

ARTICLE I

PURPOSE

The compacting states to this Interstate Compact recognize that each state is responsible
for the proper supervision or return of juveniles, delinquents, and status offenders who are
on probation or parole and who have absconded, escaped, or run away from supervision
and control and in so doing have endangered their own safety and the safety of others. The
compacting states also recognize that each state is responsible for the safe return of juveniles
who have run away from home and in doing so have left their state of residence. The
compacting states also recognize that Congress, by enacting the Crime Control Act, United
States Code, title 4, section 112 (1965), has authorized and encouraged compacts for
cooperative efforts and mutual assistance in the prevention of crime.

It is the purpose of this compact, through means of joint and cooperative action among
the compacting states to:

(A) ensure that the adjudicated juveniles and status offenders subject to this compact
are provided adequate supervision and services in the receiving state as ordered by the
adjudicating judge or parole authority in the sending state;

(B) ensure that the public safety interests of the citizens, including the victims of juvenile
offenders, in both the sending and receiving states are adequately protected;

(C) return juveniles who have run away, absconded, or escaped from supervision or
control or have been accused of an offense to the state requesting their return;

(D) make contracts for the cooperative institutionalization in public facilities in member
states for delinquent youth needing special services;

(E) provide for the effective tracking and supervision of juveniles;

(F) equitably allocate the costs, benefits, and obligations of the compact states;

(G) establish procedures to manage the movement between states of juvenile offenders
released to the community under the jurisdiction of courts, juvenile departments, or any
other criminal or juvenile justice agency which has jurisdiction over juvenile offenders;

(H) insure immediate notice to jurisdictions where defined juvenile offenders are
authorized to travel or to relocate across state lines;

(I) establish procedures to resolve pending charges (detainers) against juvenile offenders
prior to transfer or release to the community under the terms of this compact;

(J) establish a system of uniform data collection on information pertaining to juveniles
subject to this compact that allows access by authorized juvenile justice and criminal justice
officials, and regular reporting of compact activities to heads of state; executive, judicial,
and legislative branches; and juvenile criminal justice administrators;

(K) monitor compliance with rules governing interstate movement of juveniles and
initiate interventions to address and correct noncompliance;

(L) coordinate training and education regarding the regulation of interstate movement
of juveniles for officials involved in such activity; and

(M) coordinate the implementation and operation of the compact with the Interstate
Compact for the Placement of Children, the Interstate Compact for Adult Offender
Supervision, and other compacts affecting juveniles particularly in those cases where
concurrent or overlapping supervision issues arise.

It is the policy of the compacting states that the activities conducted by the Interstate
Commission created herein are the information of public policies and therefore are public
business. Furthermore, the compacting states shall cooperate and observe their individual
and collective duties and responsibilities for the prompt return and acceptance of juveniles
subject to the provisions of this compact. The provisions of this compact shall be reasonably
and liberally construed to accomplish the purpose and policies of the compact.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

A. "Bylaws" means those bylaws established by the commission for its governance, or
for directing or controlling its actions or conduct.

B. "Compact administrator" means the individual in each compacting state appointed
pursuant to the terms of this compact responsible for the administration and management
of the state's supervision and transfer of juveniles subject to the terms of this compact, the
rules adopted by the Interstate Commission, and policies adopted by the state council under
this compact.

C. "Compacting state" means any state which has enacted the enabling legislation for
this compact.

D. "Commissioner" means the voting representative of each compacting state appointed
pursuant to Article III of this compact.

E. "Court" means any court having jurisdiction over delinquent, neglected, or dependent
children.

F. "Deputy compact administrator" means the individual, if any, in each compacting
state appointed to act on behalf of a compact administrator pursuant to the terms of this
compact responsible for the administration and management of the state's supervision and
transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate
Commission, and policies adopted by the state council under this compact.

G. "Interstate Commission" means the Interstate Commission for Juveniles created by
Article III of this compact.

H. "Juvenile" means any person defined as a juvenile in any member state or by the rules
of the Interstate Commission, including:

(1) accused delinquent - a person charged with an offense that, if committed by an adult,
would be a criminal offense;

(2) adjudicated delinquent - a person found to have committed an offense that, if
committed by an adult, would be a criminal offense;

(3) accused status offender - a person charged with an offense that would not be a criminal
offense if committed by an adult;

(4) adjudicated status offender - a person found to have committed an offense that would
not be a criminal offense if committed by an adult; and

(5) nonoffender - a person in need of supervision who has not been accused or adjudicated
a status offender or delinquent.

I. "Noncompacting state" means any state which has not enacted the enabling legislation
for this compact.

J. "Probation" or "parole" means any kind of supervision or conditional release of
juveniles authorized under the laws of the compacting states.

K. "Rule" means a written statement by the Interstate Commission promulgated pursuant
to Article VI of this compact that is of general applicability, implements, interprets, or
prescribes a policy or provision of the compact, or an organizational, procedural, or practice
requirement of the commission, and has the force and effect of statutory law in a compacting
state, and includes the amendment, repeal, or suspension of an existing rule.

L. "State" means a state of the United States, the District of Columbia (or its designee),
the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Northern Marianas.

ARTICLE III

INTERSTATE COMMISSION FOR JUVENILES

A. The compacting states hereby create the "Interstate Commission for Juveniles." The
commission shall be a body corporate and joint agency of the compacting states. The
commission shall have all the responsibilities, powers, and duties set forth herein, and such
additional powers as may be conferred upon it by subsequent action of the respective
legislatures of the compacting states in accordance with the terms of this compact.

B. The Interstate Commission shall consist of commissioners appointed by the appropriate
appointing authority in each state pursuant to the rules and requirements of each compacting
state and in consultation with the State Advisory Council for Interstate Supervision of
Juvenile Offenders and Runaways created hereunder. The commissioner shall be the compact
administrator. The commissioner of corrections or the commissioner's designee shall serve
as the compact administrator, who shall serve on the Interstate Commission in such capacity
under or pursuant to the applicable law of the compacting state.

C. In addition to the commissioners who are the voting representatives of each state, the
Interstate Commission shall include individuals who are not commissioners but who are
members of interested organizations. Such noncommissioner members must include a
member of the national organizations of governors, legislators, state chief justices, attorneys
general, Interstate Compact for Adult Offender Supervision, Interstate Compact on the
Placement of Children, juvenile justice and juvenile corrections officials, and crime victims.
All noncommissioner members of the Interstate Commission shall be ex-officio (nonvoting)
members. The Interstate Commission may provide in its bylaws for such additional ex-officio
(nonvoting) members, including members of other national organizations, in such numbers
as shall be determined by the commission.

D. Each compacting state represented at any meeting of the commission is entitled to
one vote. A majority of the compacting states shall constitute a quorum for the transaction
of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

E. The commission shall meet at least once each calendar year. The chair may call
additional meetings and, upon the request of a simple majority of the compacting states,
shall call additional meetings. Public notice shall be given of all meetings and meetings
shall be open to the public.

F. The Interstate Commission shall establish an executive committee, which shall include
commission officers, members, and others as determined by the bylaws. The executive
committee shall have the power to act on behalf of the Interstate Commission during periods
when the Interstate Commission is not in session, with the exception of rulemaking and/or
amendment to the compact. The executive committee shall oversee the day-to-day activities
of the administration of the compact managed by an executive director and Interstate
Commission staff; administer enforcement and compliance with the provisions of the
compact, its bylaws, and rules; and perform such other duties as directed by the Interstate
Commission or set forth in the bylaws.

G. Each member of the Interstate Commission shall have the right and power to cast a
vote to which that compacting state is entitled and to participate in the business and affairs
of the Interstate Commission. A member shall vote in person and shall not delegate a vote
to another compacting state. However, a commissioner, in consultation with the state council,
shall appoint another authorized representative, in the absence of the commissioner from
that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws
may provide for members' participation in meetings by telephone or other means of
telecommunication or electronic communication.

H. The Interstate Commission's bylaws shall establish conditions and procedures under
which the Interstate Commission shall make its information and official records available
to the public for inspection or copying. The Interstate Commission may exempt from
disclosure any information or official records to the extent they would adversely affect
personal privacy rights or proprietary interests.

I. Public notice shall be given of all meetings and all meetings shall be open to the public,
except as set forth in the rules or as otherwise provided in the compact. The Interstate
Commission and any of its committees may close a meeting to the public where it determines
by two-thirds vote that an open meeting would be likely to:

1. relate solely to the Interstate Commission's internal personnel practices and procedures;

2. disclose matters specifically exempted from disclosure by statute;

3. disclose trade secrets or commercial or financial information which is privileged or
confidential;

4. involve accusing any person of a crime or formally censuring any person;

5. disclose information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;

6. disclose investigative records compiled for law enforcement purposes;

7. disclose information contained in or related to examination, operating or condition
reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect
to a regulated person or entity for the purpose of regulation or supervision of such person
or entity;

8. disclose information, the premature disclosure of which would significantly endanger
the stability of a regulated person or entity;

9. specifically relate to the Interstate Commission's issuance of a subpoena or its
participation in a civil action or other legal proceeding.

J. For every meeting closed pursuant to this provision, the Interstate Commission's legal
counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed
to the public, and shall reference each relevant exemptive provision. The Interstate
Commission shall keep minutes which shall fully and clearly describe all matters discussed
in any meeting and shall provide a full and accurate summary of any actions taken, and the
reasons therefore, including a description of each of the views expressed on any item and
the record of any roll call vote (reflected in the vote of each member on the question). All
documents considered in connection with any action shall be identified in such minutes.

K. The Interstate Commission shall collect standardized data concerning the interstate
movement of juveniles as directed through its rules which shall specify the data to be
collected, the means of collection, and data exchange and reporting requirements. Such
methods of data collection, exchange, and reporting shall insofar as is reasonably possible
conform to up-to-date technology and coordinate its information functions with the
appropriate repository of records.

ARTICLE IV

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The commission shall have the following powers and duties:

1. To provide for dispute resolution among compacting states.

2. To promulgate rules to affect the purposes and obligations as enumerated in this
compact, which shall have the force and effect of statutory law and shall be binding in the
compact states to the extent and in the manner provided in this compact.

3. To oversee, supervise, and coordinate the interstate movement of juveniles subject to
the terms of this compact and any bylaws adopted and rules promulgated by the Interstate
Commission.

4. To enforce compliance with the compact provisions, the rules promulgated by the
Interstate Commission, and the bylaws, using all necessary and proper means, including
but not limited to the use of judicial process.

5. To establish and maintain offices which shall be located within one or more of the
compacting states.

6. To purchase and maintain insurance and bonds.

7. To borrow, accept, hire, or contract for services of personnel.

8. To establish and appoint committees and hire staff which it deems necessary for the
carrying out of its functions including, but not limited to, an executive committee as required
by Article III, which shall have the power to act on behalf of the Interstate Commission in
carrying out its powers and duties hereunder.

9. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to
fix their compensation, define their duties, and determine their qualifications; and to establish
the Interstate Commission's personnel policies and programs relating to, inter alia, conflicts
of interest, rates of compensation, and qualifications of personnel.

10. To accept any and all donations and grants of money, equipment, supplies, materials,
and services, and to receive, utilize, and dispose of it.

11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold,
improve, or use any property, real, personal, or mixed.

12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property, real, personal, or mixed.

13. To establish a budget, make expenditures, and levy dues as provided in Article VIII
of this compact.

14. To sue and be sued.

15. To adopt a seal and bylaws governing the management and operation of the Interstate
Commission.

16. To perform such functions as may be necessary or appropriate to achieve the purposes
of this compact.

17. To report annually to the legislatures, governors, judiciary, and state councils of the
compacting states concerning the activities of the Interstate Commission during the preceding
year. Such reports shall also include any recommendations that may have been adopted by
the Interstate Commission.

18. To coordinate education, training, and public awareness regarding the interstate
movement of juveniles for officials involved in such activity.

19. To establish uniform standards of the reporting, collecting, and exchanging of data.

20. The Interstate Commission shall maintain its corporate books and records in
accordance with the bylaws.

ARTICLE V

ORGANIZATION AND OPERATION
OF THE INTERSTATE COMMISSION

Section A. Bylaws.

1. The Interstate Commission shall, by a majority of the members present and voting,
within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its
conduct as may be necessary or appropriate to carry out the purposes of the compact,
including, but not limited to:

a. establishing the fiscal year of the Interstate Commission;

b. establishing an executive committee and such other committees as may be necessary;

c. provide: (i) for the establishment of committees, and (ii) governing any general or
specific delegation of any authority or function of the Interstate Commission;

d. providing reasonable procedures for calling and conducting meetings of the Interstate
Commission and ensuring reasonable notice of each such meeting;

e. establishing the titles and responsibilities of the officers of the Interstate Commission;

f. providing a mechanism for concluding the operations of the Interstate Commission
and the return of any surplus funds that may exist upon the termination of the compact after
the payment and/or reserving of all of its debts and obligations;

g. providing "start-up" rules for initial administration of the compact;

h. establishing standards and procedures for compliance and technical assistance in
carrying out the compact.

Section B. Officers and staff.

1. The Interstate Commission shall, by a majority of the members, elect annually from
among its members a chair and a vice-chair, each of whom shall have such authority and
duties as may be specified in the bylaws. The chair or, in the chair's absence or disability,
the vice-chair shall preside at all meetings of the Interstate Commission. The officers so
elected shall serve without compensation or remuneration from the Interstate Commission;
provided that, subject to the availability of budget funds, the officers shall be reimbursed
for any ordinary and necessary costs and expenses incurred by them in the performance of
their responsibilities as officers of the Interstate Commission.

2. The Interstate Commission shall, through its executive committee, appoint or retain
an executive director for such period, upon such terms and conditions, and for such
compensation as the Interstate Commission may deem appropriate. The executive director
shall serve as secretary to the Interstate Commission, but shall not be a member and shall
hire and supervise such other staff as may be authorized by the Interstate Commission.

Section C. Qualified immunity, defense, and indemnification.

1. The commission's executive director and employees shall be immune from suit and
liability, either personally or in their official capacity, for any claim for damage to or loss
of property or personal injury or other civil liability caused or arising out of or relating to
any actual or alleged act, error, or omission that occurred, or that such person had a
reasonable basis for believing occurred within the scope of commission employment, duties,
or responsibilities; provided, that any such person shall not be protected from suit or liability
for any damage, loss, injury, or liability caused by the intentional or willful and wanton
misconduct of any such person.

2. The liability of any commissioner, or the employee or agent of a commissioner, acting
within the scope of such person's employment or duties for acts, errors, or omissions
occurring within such person's state may not exceed the limits of liability set forth under
the Constitution and laws of that state for state officials, employees, and agents. Nothing
in this subsection shall be construed to protect any such person from suit or liability for any
damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct
of any such person.

3. The Interstate Commission shall defend the executive director or the employees or
representatives of the Interstate Commission and, subject to the approval of the attorney
general of the state represented by any commissioner of a compacting state, shall defend
such commissioner or the commissioner's representatives or employees in any civil action
seeking to impose liability arising out of any actual or alleged act, error, or omission that
occurred within the scope of Interstate Commission employment, duties, or responsibilities,
or that the defendant has a reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties, or responsibilities, provided that the actual or
alleged act, error, or omission did not result from intentional or willful and wanton
misconduct on the part of such person.

4. The Interstate Commission shall indemnify and hold the commissioner of a compacting
state, or the commissioner's representatives or employees, or the Interstate Commission's
representatives or employees, harmless in the amount of any settlement or judgment obtained
against such persons arising out of any actual or alleged act, error, or omission that occurred
within the scope of Interstate Commission employment, duties, or responsibilities, or that
such persons had a reasonable basis for believing occurred within the scope of Interstate
Commission employment, duties, or responsibilities, provided that the actual or alleged act,
error, or omission did not result from intentional or willful and wanton misconduct on the
part of such persons.

ARTICLE VI

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

1. The Interstate Commission shall promulgate and publish rules in order to effectively
and efficiently achieve the purposes of the compact.

2. Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws
and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the
principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws
Annotated, Vol. 15, page 1 (2000), or such other administrative procedures act, as the
Interstate Commission deems appropriate consistent with due process requirements under
the United States Constitution as now or hereafter interpreted by the United States Supreme
Court. All rules and amendments shall become binding as of the date specified, as published
with the final version of the rule as approved by the commission.

3. When promulgating a rule, the Interstate Commission shall, at a minimum:

a. publish the proposed rule's entire text stating the reasons for that proposed rule;

b. allow and invite any and all persons to submit written data, facts, opinions, and
arguments, which information shall be added to the record, and be made publicly available;

c. provide an opportunity for an informal hearing if petitioned by ten or more persons;
and

d. promulgate a final rule and its effective date, if appropriate, based on input from state
or local officials, or interested parties.

4. The Interstate Commission shall allow, not later than 60 days after a rule is
promulgated, any interested person to file a petition in the United States District Court for
the District of Columbia or in the federal District Court where the Interstate Commission's
principal office is located for judicial review of such rule. If the court finds that the Interstate
Commission's action is not supported by substantial evidence in the rulemaking record, the
court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence
is substantial if it would be considered substantial evidence under the Model (State)
Administrative Procedures Act.

5. If a majority of the legislatures of the compacting states rejects a rule, those states
may, by enactment of a statute or resolution in the same manner used to adopt the compact,
cause that such rule shall have no further force and effect in any compacting state.

6. The existing rules governing the operation of the Interstate Compact on Juveniles
superceded by this act shall be null and void 12 months after the first meeting of the Interstate
Commission created hereunder.

7. Upon determination by the Interstate Commission that a state of emergency exists, it
may promulgate an emergency rule which shall become effective immediately upon adoption,
provided that the usual rulemaking procedures provided hereunder shall be retroactively
applied to said rule as soon as reasonably possible, but no later than 90 days after the effective
date of the emergency rule.

ARTICLE VII

OVERSIGHT, ENFORCEMENT, AND DISPUTE
RESOLUTION BY THE INTERSTATE COMMISSION

Section A. Oversight.

1. The Interstate Commission shall oversee the administration and operations of the
interstate movement of juveniles subject to this compact in the compacting states and shall
monitor such activities being administered in noncompacting states which may significantly
affect compacting states.

2. The courts and executive agencies in each compacting state shall enforce this compact
and shall take all actions necessary and appropriate to effectuate the compact's purposes
and intent. The provisions of this compact and the rules promulgated hereunder shall be
received by all the judges, public officers, commissions, and departments of the state
government as evidence of the authorized statute and administrative rules. All courts shall
take judicial notice of the compact and the rules. In any judicial or administrative proceeding
in a compacting state pertaining to the subject matter of this compact which may affect the
powers, responsibilities, or actions of the Interstate Commission, it shall be entitled to
receive all service of process in any such proceeding, and shall have standing to intervene
in the proceeding for all purposes.

3. The compact administrator shall assess and collect fines, fees, and costs from any
state or local entity deemed responsible by the compact administrator for a default as
determined by the Interstate Commission under Article XI.

Section B. Dispute resolution.

1. The compacting states shall report to the Interstate Commission on all issues and
activities necessary for the administration of the compact as well as issues and activities
pertaining to compliance with the provisions of the compact and its bylaws and rules.

2. The Interstate Commission shall attempt, upon the request of a compacting state, to
resolve any disputes or other issues which are subject to the compact and which may arise
among compacting states and between compacting and noncompacting states. The
commission shall promulgate a rule providing for both mediation and binding dispute
resolution for disputes among the compacting states.

3. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce
the provisions and rules of this compact using any or all means set forth in Article XI of
this compact.

ARTICLE VIII

FINANCE

1. The Interstate Commission shall pay or provide for the payment of the reasonable
expenses of its establishment, organization, and ongoing activities.

2. The Interstate Commission shall levy on and collect an annual assessment from each
compacting state to cover the cost of the internal operations and activities of the Interstate
Commission and its staff which must be in a total amount sufficient to cover the Interstate
Commission's annual budget as approved each year. The aggregate annual assessment
amount shall be allocated based upon a formula to be determined by the Interstate
Commission, taking into consideration the population of each compacting state and the
volume of interstate movement of juveniles in each compacting state, and shall promulgate
a rule binding upon all compacting states which governs said assessment.

3. The Interstate Commission shall not incur any obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit
of any of the compacting states, except by and with the authority of the compacting state.

4. The Interstate Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Interstate Commission shall be subject
to the audit and accounting procedures established under its bylaws. However, all receipts
and disbursements of funds handled by the Interstate Commission shall be audited yearly
by a certified or licensed public accountant and the report of the audit shall be included in
and become part of the annual report of the Interstate Commission.

5. Minnesota's annual assessment shall not exceed $30,000. The Interstate Compact for
Juveniles fund is established as a special fund in the Department of Corrections. The fund
consists of money appropriated for the purpose of meeting financial obligations imposed
on the state as a result of Minnesota's participation in this compact. An assessment levied
or any other financial obligation imposed under this compact is effective against the state
only to the extent that money to pay the assessment or meet the financial obligation has
been appropriated and deposited in the fund established in this paragraph.

ARTICLE IX

THE STATE ADVISORY COUNCIL

Each member state shall create a State Advisory Council for the Interstate Compact for
Juveniles. The Advisory Council on the Interstate Compact for Juveniles deleted text begin consists deleted text end new text begin shall be
combined with the Advisory Council on Interstate Adult Offender Supervision established
by section 243.1606 and consist new text end of the following individuals or their designees:

(1) the governor;

(2) the chief justice of the Supreme Court;

(3) two senators, one from the majority and the other from the minority party, selected
by the Subcommittee on Committees of the senate Committee on Rules and Administration;

(4) two representatives, one from the majority and the other from the minority party,
selected by the house speaker;

(5) a representative from the Department of Human Services regarding the Interstate
Compact for the Placement of Children;

(6) the compact administrator, selected as provided in Article III;

(7) the executive director of the Office of Justice Programs or designee;

(8) the deputy compact administrator; deleted text begin and
deleted text end

new text begin (9) a representative from the State Public Defender's Office;
new text end

new text begin (10) a representative from the Minnesota County Attorney's Association;
new text end

new text begin (11) a representative from the Minnesota Sheriff's Association;
new text end

new text begin (12) a representative from the Minnesota Association of County Probation Officers;
new text end

new text begin (13) a representative from the Minnesota Association of Community Corrections Act
Counties;
new text end

new text begin (14) a representative from the community at large;
new text end

new text begin (15) a representative from a community organization working with victims of crimes;
and
new text end

deleted text begin (9) deleted text end new text begin (16) new text end other members as appointed by the commissioner of corrections.

The council may elect a chair from among its members.

The council shall oversee and administer the state's participation in the compact as
described in Article III. The council shall appoint the compact administrator as the state's
commissioner.

The state advisory council will advise and exercise advocacy concerning that state's
participation in Interstate Commission activities and other duties as may be determined by
that state, including, but not limited to, development of policy concerning operations and
procedures of the compact within that state.

Expiration; expenses. The provisions of section 15.059 apply to the council except that
it does not expire.

ARTICLE X

COMPACTING STATES, EFFECTIVE DATE,
AND AMENDMENT

1. Any state, the District of Columbia (or its designee), the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Marianas
Islands as defined in Article II of this compact is eligible to become a compacting state.

2. The compact shall become effective and binding upon legislative enactment of the
compact into law by no less than 35 of the states. The initial effective date shall be the later
of July 1, 2004, or upon enactment into law by the 35th jurisdiction. Thereafter, it shall
become effective and binding as to any other compacting state upon enactment of the
compact into law by that state. The governors of nonmember states or their designees shall
be invited to participate in the activities of the Interstate Commission on a nonvoting basis
prior to adoption of the compact by all states and territories of the United States.

3. The Interstate Commission may propose amendments to the compact for enactment
by the compacting states. No amendment shall become effective and binding upon the
Interstate Commission and the compacting states unless and until it is enacted into law by
unanimous consent of the compacting states.

ARTICLE XI

WITHDRAWAL, DEFAULT, TERMINATION,
AND JUDICIAL ENFORCEMENT

Section A. Withdrawal.

1. Once effective, the compact shall continue in force and remain binding upon each
and every compacting state; provided that a compacting state may withdraw from the
compact specifically repealing the statute, which enacted the compact into law.

2. The effective date of withdrawal is the effective date of the repeal.

3. The withdrawing state shall immediately notify the chair of the Interstate Commission
in writing upon the introduction of legislation repealing this compact in the withdrawing
state. The Interstate Commission shall notify the other compacting states of the withdrawing
state's intent to withdraw within 60 days of its receipt thereof.

4. The withdrawing state is responsible for all assessments, obligations, and liabilities
incurred through the effective date of withdrawal, including any obligations, the performance
of which extend beyond the effective date of withdrawal.

5. Reinstatement following withdrawal of any compacting state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined by the
Interstate Commission.

Section B. Technical assistance, fines, suspension, termination, and default.

1. If the Interstate Commission determines that any compacting state has at any time
defaulted in the performance of any of its obligations or responsibilities under this compact,
or the bylaws or duly promulgated rules, the Interstate Commission may impose any or all
of the following penalties:

a. remedial training and technical assistance as directed by the Interstate Commission;

b. alternative dispute resolution;

c. fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the
Interstate Commission;

d. suspension or termination of membership in the compact, which shall be imposed
only after all other reasonable means of securing compliance under the bylaws and rules
have been exhausted and the Interstate Commission has therefore determined that the
offending state is in default. Immediate notice of suspension shall be given by the Interstate
Commission to the governor, the chief justice, or the chief judicial officer of the state; the
majority and minority leaders of the defaulting state's legislature; and the state council. The
grounds for default include, but are not limited to, failure of a compacting state to perform
such obligations or responsibilities imposed upon it by this compact, the bylaws, or duly
promulgated rules and any other grounds designated in commission bylaws and rules. The
Interstate Commission shall immediately notify the defaulting state in writing of the penalty
imposed by the Interstate Commission and of the default pending a cure of the default. The
commission shall stipulate the conditions and the time period within which the defaulting
state must cure its default. If the defaulting state fails to cure the default within the time
period specified by the commission, the defaulting state shall be terminated from the compact
upon an affirmative vote of a majority of the compacting states and all rights, privileges,
and benefits conferred by this compact shall be terminated from the effective date of
termination.

2. Within 60 days of the effective date of termination of a defaulting state, the commission
shall notify the governor, the chief justice or chief judicial officer, the majority and minority
leaders of the defaulting state's legislature, and the state council of such termination.

3. The defaulting state is responsible for all assessments, obligations, and liabilities
incurred through the effective date of termination including any obligations, the performance
of which extends beyond the effective date of termination.

4. The Interstate Commission shall not bear any costs relating to the defaulting state
unless otherwise mutually agreed upon in writing between the Interstate Commission and
the defaulting state.

5. Reinstatement following termination of any compacting state requires both a
reenactment of the compact by the defaulting state and the approval of the Interstate
Commission pursuant to the rules.

Section C. Judicial enforcement.

The Interstate Commission may, by majority vote of the members, initiate legal action
in the United States District Court for the District of Columbia or, at the discretion of the
Interstate Commission, in the federal district where the Interstate Commission has its offices,
to enforce compliance with the provisions of the compact, its duly promulgated rules and
bylaws, against any compacting state in default. In the event judicial enforcement is
necessary, the prevailing party shall be awarded all costs of such litigation, including
reasonable attorney fees.

Section D. Dissolution of compact.

1. The compact dissolves effective upon the date of the withdrawal or default of the
compacting state, which reduces membership in the compact to one compacting state.

2. Upon the dissolution of this compact, the compact becomes null and void and shall
be of no further force or effect, and the business and affairs of the Interstate Commission
shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XII

SEVERABILITY AND CONSTRUCTION

1. The provisions of this compact shall be severable, and if any phrase, clause, sentence,
or provision is deemed unenforceable, the remaining provisions of this compact shall be
enforceable.

2. The provisions of this compact shall be liberally constructed to effectuate its purposes.

ARTICLE XIII

BINDING EFFECT OF COMPACT AND OTHER LAWS

Section A. Other laws.

1. Nothing herein prevents the enforcement of any other law of a compacting state that
is not inconsistent with this compact.

2. All compacting states' laws other than state constitutions and other interstate compacts
conflicting with this compact are superseded to the extent of the conflict.

Section B. Binding effect of the compact.

1. All lawful actions of the Interstate Commission, including all rules and bylaws
promulgated by the Interstate Commission, are binding upon the compacting state.

2. All agreements between the Interstate Commission and the compacting states are
binding in accordance with their terms.

3. Upon the request of a party to a conflict over meaning or interpretation of Interstate
Commission actions, and upon a majority vote of the compacting states, the Interstate
Commission may issue advisory opinions regarding such meaning of interpretation.

4. In the event any provision of this compact exceeds the constitutional limits imposed
on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction
sought to be conferred by such provision upon the Interstate Commission shall be ineffective
and such obligations, duties, powers, or jurisdiction shall remain in the compacting state
and shall be exercised by the agency thereof to which such obligations, duties, powers, or
jurisdiction are delegated by law in effect at the time this compact becomes effective.

Sec. 15.

Minnesota Statutes 2022, section 299A.41, subdivision 4, is amended to read:

Subd. 4.

Public safety officer.

"Public safety officer" includes:

(1) a peace officer defined in section 626.84, subdivision 1, paragraph (c) or (d);

(2) a correction officer employed at a correctional facility and charged with maintaining
the safety, security, discipline, and custody of inmates at the facility;

new text begin (3) a corrections staff working in a public agency and supervising offenders in the
community as defined in sections 243.05, subdivision 6; 244.19, subdivision 1; and 401.01,
subdivision 2;
new text end

deleted text begin (3) deleted text end new text begin (4) new text end an individual employed on a full-time basis by the state or by a fire department
of a governmental subdivision of the state, who is engaged in any of the following duties:

(i) firefighting;

(ii) emergency motor vehicle operation;

(iii) investigation into the cause and origin of fires;

(iv) the provision of emergency medical services; or

(v) hazardous material responder;

deleted text begin (4) deleted text end new text begin (5) new text end a legally enrolled member of a volunteer fire department or member of an
independent nonprofit firefighting corporation who is engaged in the hazards of firefighting;

deleted text begin (5) deleted text end new text begin (6) new text end a good samaritan while complying with the request or direction of a public safety
officer to assist the officer;

deleted text begin (6) deleted text end new text begin (7) new text end a reserve police officer or a reserve deputy sheriff while acting under the
supervision and authority of a political subdivision;

deleted text begin (7) deleted text end new text begin (8) new text end a driver or attendant with a licensed basic or advanced life-support transportation
service who is engaged in providing emergency care;

deleted text begin (8) deleted text end new text begin (9) new text end a first responder who is certified by the emergency medical services regulatory
board to perform basic emergency skills before the arrival of a licensed ambulance service
and who is a member of an organized service recognized by a local political subdivision to
respond to medical emergencies to provide initial medical care before the arrival of an
ambulance; and

deleted text begin (9) deleted text end new text begin (10) new text end a person, other than a state trooper, employed by the commissioner of public
safety and assigned to the State Patrol, whose primary employment duty is either Capitol
security or the enforcement of commercial motor vehicle laws and regulations.

Sec. 16.

Minnesota Statutes 2022, section 629.292, subdivision 2, is amended to read:

Subd. 2.

Procedure on receipt of request.

The request shall be delivered to the
commissioner of corrections or other official designated by the commissioner having custody
of the prisoner, who shall forthwith:

deleted text begin (a) deleted text end new text begin (1) new text end certify the term of commitment under which the prisoner is being held, the time
already served on the sentence, the time remaining to be served, the good time earned, the
time of parole eligibility of the prisoner, and any decisions of the commissioner of corrections
relating to the prisoner; deleted text begin and
deleted text end

deleted text begin (b) deleted text end new text begin (2) new text end send by registered or certified mail, return receipt requested, one copy of the
request and certificate to the court and one copy to the prosecuting attorney to whom it is
addressed deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) send by e-filing and e-serving the paperwork, one copy of the request to the court
and one copy to the prosecuting attorney to whom it is addressed.
new text end

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 244.14; and 244.15, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H1355-1

244.14 INTENSIVE COMMUNITY SUPERVISION; BASIC ELEMENTS.

Subdivision 1.

Requirements.

This section governs the intensive community supervision programs established under section 244.13. The commissioner shall operate the programs in conformance with this section. The commissioner shall administer the programs to further the following goals:

(1) to punish the offender;

(2) to protect the safety of the public;

(3) to facilitate employment of the offender during the intensive community supervision and afterward; and

(4) to require the payment of restitution ordered by the court to compensate the victims of the offender's crime.

Subd. 2.

Good time not available.

An offender serving a sentence on intensive community supervision for a crime committed before August 1, 1993, does not earn good time, notwithstanding section 244.04.

Subd. 3.

Sanctions.

The commissioner shall impose severe and meaningful sanctions for violating the conditions of an intensive community supervision program. The commissioner shall provide for revocation of intensive community supervision of an offender who:

(1) commits a material violation of or repeatedly fails to follow the rules of the program;

(2) commits any misdemeanor, gross misdemeanor, or felony offense; or

(3) presents a risk to the public, based on the offender's behavior, attitude, or abuse of alcohol or controlled substances. The revocation of intensive community supervision is governed by the procedures in the commissioner's rules adopted under section 244.05, subdivision 2.

An offender whose intensive community supervision is revoked shall be imprisoned for a time period equal to the offender's term of imprisonment, but in no case for longer than the time remaining in the offender's sentence. "Term of imprisonment" means a time period equal to two-thirds of the sentence originally executed by the sentencing court, minus jail credit, if any.

Subd. 4.

All phases.

Throughout all phases of an intensive community supervision program, the offender shall submit at any time to an unannounced search of the offender's person, vehicle, or premises by an intensive supervision agent. If the offender received a restitution order as part of the sentence, the offender shall make weekly payments as scheduled by the agent until the full amount is paid.

244.15 INTENSIVE COMMUNITY SUPERVISION; PHASES I TO IV.

Subdivision 1.

Duration.

Phase I of an intensive community supervision program is six months, or one-half the time remaining in the offender's term of imprisonment, whichever is less. Phase II lasts for at least one-third of the time remaining in the offender's term of imprisonment at the beginning of phase II. Phase III lasts for at least one-third of the time remaining in the offender's term of imprisonment at the beginning of phase III. Phase IV continues until the commissioner determines that the offender has successfully completed the program or until the offender's sentence, minus jail credit, expires, whichever occurs first. If an offender successfully completes the intensive community supervision program before the offender's sentence expires, the offender shall be placed on supervised release for the remainder of the sentence.

Subd. 2.

Random drug testing.

(a) During phase I, the offender will be subjected at least weekly to urinalysis and breath tests to detect the presence of controlled substances or alcohol. The tests will be random and unannounced.

(b) During phase II, the tests will be done at least twice monthly.

(c) During phases III and IV, the tests will be done at random at the frequency determined by the intensive supervision agent.

Subd. 3.

House arrest.

(a) During phase I, the offender will be under house arrest in a residence approved by the offender's intensive supervision agent and may not move to another residence without permission. "House arrest" means that the offender's movements will be severely restricted and continually monitored by the assigned agent.

(b) During phase II, modified house arrest is imposed.

(c) During phases III and IV, the offender is subjected to a daily curfew instead of house arrest.

Subd. 4.

Face-to-face contacts.

(a) During phase I, the assigned intensive supervision agent shall have at least four face-to-face contacts with the offender each week.

(b) During phase II, two face-to-face contacts a week are required.

(c) During phase III, one face-to-face contact a week is required.

(d) During phase IV, two face-to-face contacts a month are required.

(e) When an offender is an inmate of a jail or a resident of a facility which is staffed full time, the assigned agent may reduce face-to-face contacts to one per week during all phases.

Subd. 5.

Work required.

During phases I, II, III, and IV, the offender must spend at least 40 hours a week performing approved work, undertaking constructive activity designed to obtain employment, or attending a treatment or education program as directed by the commissioner. An offender may not spend more than six months in a residential treatment program that does not require the offender to spend at least 40 hours a week performing approved work or undertaking constructive activity designed to obtain employment.

Subd. 6.

Electronic surveillance.

(a) During any phase, the offender may be placed on electronic surveillance if the intensive supervision agent so directs. If electronic surveillance is directed during phase I, the commissioner must require that the inmate be kept in custody, or that the inmate's intensive supervised release agent, or the agent's designee, directly supervise the offender until electronic surveillance is activated.

(b) It is the responsibility of the inmate placed on electronic surveillance to ensure that the inmate's residence is properly equipped and the inmate's telecommunications system is properly configured to support electronic surveillance prior to being released from custody or the direct supervision of an intensive supervised release agent. An inmate who fails to comply with this paragraph may be found in violation of the inmate's conditions of release after a revocation hearing.

Subd. 7.

Other requirements.

The commissioner may include any other conditions in the various phases of the intensive community supervision program that the commissioner finds necessary and appropriate.