HF 3614

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/09/2024 09:10am

A bill for an act
relating to public safety; making policy and technical changes to certain provisions,
including crime victim policy, criminal justice reform, public safety policy,
predatory offenders, and corrections policy; establishing crimes; providing
penalties; classifying data; requiring reports; amending Minnesota Statutes 2022,
sections 13.84, subdivision 6; 241.021, subdivisions 1h, 4b; 241.75, subdivision
2; 243.05, subdivision 1b; 243.166, subdivisions 1a, 3, 6, by adding a subdivision;
243.167, subdivision 1; 243.52, subdivision 2; 244.052, subdivisions 3, 4, 4a;
253B.18, subdivision 5a; 253D.14, subdivision 1; 260B.198, subdivision 7;
260E.06, subdivision 1; 260E.08; 326.338, subdivision 4; 326.3388; 518B.01,
subdivisions 2, 3a, 3b, 4, 5, 6a, 7, 8, 8a, 9, 9a, 11, by adding a subdivision; 590.01,
subdivision 4; 590.03; 595.02, subdivision 1; 604A.05, subdivision 1; 609.748,
subdivisions 3a, 5, 5b, by adding a subdivision; 611A.06, subdivision 3a, by adding
a subdivision; 611A.212, subdivision 1; 611A.73, subdivision 4; 626.05, subdivision
2; 626.84, subdivision 1; 626.8435, subdivision 1; 626.8457, subdivision 3; 629.72,
subdivisions 1, 7; 629.725; 629.73, subdivision 1, by adding a subdivision;
Minnesota Statutes 2023 Supplement, sections 146A.08, subdivision 1; 214.10,
subdivision 10; 241.021, subdivision 1; 243.166, subdivision 1b; 244.05,
subdivision 5; 244.17, subdivision 3; 244.21, subdivision 2; 299C.10, subdivision
1; 299C.105, subdivision 1; 326.3387, subdivision 1; 401.01, subdivision 2;
609.1095, subdivision 1; 609.133, subdivision 4; 609.135, subdivision 2; 609.3455,
subdivision 5; 609.35; 609.522, subdivisions 1, 2; 609A.015, subdivision 3;
609A.02, subdivision 3; 611A.039, subdivision 1; 611A.52, subdivision 5; 629.292,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 219;
260B; 609; 626; 627; repealing Minnesota Statutes 2022, section 299C.105,
subdivision 3.

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

ARTICLE 1

CRIME VICTIM POLICY

Section 1.

Minnesota Statutes 2022, section 243.05, subdivision 1b, is amended to read:

Subd. 1b.

Victim's rights.

(a) This subdivision applies to parole decisions relating to
inmates convicted of first-degree murder who are described in subdivision 1, clauses (a)
and (b). As used in this subdivision, "victim" deleted text begin means the murder victim's surviving spouse
or next of kin deleted text end new text begin has the meaning given in section 611A.01, paragraph (b) new text end .

(b) The commissioner shall make reasonable efforts to notify the victim, in advance, of
the time and place of the inmate's parole review hearing. The victim has a right to submit
an oral or written statement at the review hearing. The statement may summarize the harm
suffered by the victim as a result of the crime and give the victim's recommendation on
whether the inmate should be paroled at that time. The commissioner must consider the
victim's statement when making the parole decision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2022, section 244.052, subdivision 3, is amended to read:

Subd. 3.

End-of-confinement review committee.

(a) The commissioner of corrections
shall establish and administer end-of-confinement review committees at each state
correctional facility and at each state treatment facility where predatory offenders are
confined. The committees shall assess on a case-by-case basis the public risk posed by
predatory offenders who are about to be released from confinement.

(b) Each committee shall be a standing committee and shall consist of the following
members appointed by the commissioner:

(1) the chief executive officer or head of the correctional or treatment facility where the
offender is currently confined, or that person's designee;

(2) a law enforcement officer;

(3) a treatment professional who is trained in the assessment of sex offenders;

(4) a caseworker experienced in supervising sex offenders; and

(5) a victim's services professional.

Members of the committee, other than the facility's chief executive officer or head, shall
be appointed by the commissioner to two-year terms. The chief executive officer or head
of the facility or designee shall act as chair of the committee and shall use the facility's staff,
as needed, to administer the committee, obtain necessary information from outside sources,
and prepare risk assessment reports on offenders.

(c) The committee shall have access to the following data on a predatory offender only
for the purposes of its assessment and to defend the committee's risk assessment
determination upon administrative review under this section:

(1) private medical data under section 13.384 or sections 144.291 to 144.298, or welfare
data under section 13.46 that relate to medical treatment of the offender;

(2) private and confidential court services data under section 13.84;

(3) private and confidential corrections data under section 13.85; and

(4) private criminal history data under section 13.87.

Data collected and maintained by the committee under this paragraph may not be
disclosed outside the committee, except as provided under section 13.05, subdivision 3 or
4. The predatory offender has access to data on the offender collected and maintained by
the committee, unless the data are confidential data received under this paragraph.

(d)(i) Except as otherwise provided in items (ii), (iii), and (iv), at least 90 days before a
predatory offender is to be released from confinement, the commissioner of corrections
shall convene the appropriate end-of-confinement review committee for the purpose of
assessing the risk presented by the offender and determining the risk level to which the
offender shall be assigned under paragraph (e). The offender and the law enforcement agency
that was responsible for the charge resulting in confinement shall be notified of the time
and place of the committee's meeting. The offender has a right to be present and be heard
at the meeting. The law enforcement agency new text begin , agent, and victim new text end may provide material in
writing that is relevant to the offender's risk level to the chair of the committee. The
committee shall use the risk factors described in paragraph (g) and the risk assessment scale
developed under subdivision 2 to determine the offender's risk assessment score and risk
level. Offenders scheduled for release from confinement shall be assessed by the committee
established at the facility from which the offender is to be released.

(ii) If an offender is received for confinement in a facility with less than 90 days remaining
in the offender's term of confinement, the offender's risk shall be assessed at the first regularly
scheduled end of confinement review committee that convenes after the appropriate
documentation for the risk assessment is assembled by the committee. The commissioner
shall make reasonable efforts to ensure that offender's risk is assessed and a risk level is
assigned or reassigned at least 30 days before the offender's release date.

(iii) If the offender is subject to a mandatory life sentence under section 609.3455,
subdivision 3 or 4, the commissioner of corrections shall convene the appropriate
end-of-confinement review committee at least nine months before the offender's minimum
term of imprisonment has been served. If the offender is received for confinement in a
facility with less than nine months remaining before the offender's minimum term of
imprisonment has been served, the committee shall conform its procedures to those outlined
in item (ii) to the extent practicable.

(iv) If the offender is granted supervised release, the commissioner of corrections shall
notify the appropriate end-of-confinement review committee that it needs to review the
offender's previously determined risk level at its next regularly scheduled meeting. The
commissioner shall make reasonable efforts to ensure that the offender's earlier risk level
determination is reviewed and the risk level is confirmed or reassigned at least 60 days
before the offender's release date. The committee shall give the report to the offender and
to the law enforcement agency new text begin , and the commissioner shall provide notice of the risk level
assignment to the victim, if requested, new text end at least 60 days before an offender is released from
confinement.

(e) The committee shall assign to risk level I a predatory offender whose risk assessment
score indicates a low risk of reoffense. The committee shall assign to risk level II an offender
whose risk assessment score indicates a moderate risk of reoffense. The committee shall
assign to risk level III an offender whose risk assessment score indicates a high risk of
reoffense.

(f) Before the predatory offender is released from confinement, the committee shall
prepare a risk assessment report which specifies the risk level to which the offender has
been assigned and the reasons underlying the committee's risk assessment decision. Except
for an offender subject to a mandatory life sentence under section 609.3455, subdivision 3
or 4, who has not been granted supervised release, the committee shall give the report to
the offender and to the law enforcement agency new text begin , and the commissioner shall provide notice
of the risk level assignment to the victim, if requested, new text end at least 60 days before an offender
is released from confinement. If the offender is subject to a mandatory life sentence and
has not yet served the entire minimum term of imprisonment, the committee shall give the
report to the offender and to the commissioner at least six months before the offender is
first eligible for release. If the risk assessment is performed under the circumstances described
in paragraph (d), item (ii), the report shall be given to the offender and the law enforcement
agency as soon as it is available. The committee also shall inform the offender of the
availability of review under subdivision 6.

(g) As used in this subdivision, "risk factors" includes, but is not limited to, the following
factors:

(1) the seriousness of the offense should the offender reoffend. This factor includes
consideration of the following:

(i) the degree of likely force or harm;

(ii) the degree of likely physical contact; and

(iii) the age of the likely victim;

(2) the offender's prior offense history. This factor includes consideration of the following:

(i) the relationship of prior victims to the offender;

(ii) the number of prior offenses or victims;

(iii) the duration of the offender's prior offense history;

(iv) the length of time since the offender's last prior offense while the offender was at
risk to commit offenses; and

(v) the offender's prior history of other antisocial acts;

(3) the offender's characteristics. This factor includes consideration of the following:

(i) the offender's response to prior treatment efforts; and

(ii) the offender's history of substance abuse;

(4) the availability of community supports to the offender. This factor includes
consideration of the following:

(i) the availability and likelihood that the offender will be involved in therapeutic
treatment;

(ii) the availability of residential supports to the offender, such as a stable and supervised
living arrangement in an appropriate location;

(iii) the offender's familial and social relationships, including the nature and length of
these relationships and the level of support that the offender may receive from these persons;
and

(iv) the offender's lack of education or employment stability;

(5) whether the offender has indicated or credible evidence in the record indicates that
the offender will reoffend if released into the community; and

(6) whether the offender demonstrates a physical condition that minimizes the risk of
reoffense, including but not limited to, advanced age or a debilitating illness or physical
condition.

(h) Upon the request of the law enforcement agency or the offender's corrections agent,
the commissioner may reconvene the end-of-confinement review committee for the purpose
of reassessing the risk level to which an offender has been assigned under paragraph (e). In
a request for a reassessment, the law enforcement agency which was responsible for the
charge resulting in confinement or agent shall list the facts and circumstances arising after
the initial assignment or facts and circumstances known to law enforcement or the agent
but not considered by the committee under paragraph (e) which support the request for a
reassessment. The request for reassessment by the law enforcement agency must occur
within 30 days of receipt of the report indicating the offender's risk level assignment. The
offender's corrections agent, in consultation with the chief law enforcement officer in the
area where the offender resides or intends to reside, may request a review of a risk level at
any time if substantial evidence exists that the offender's risk level should be reviewed by
an end-of-confinement review committee. This evidence includes, but is not limited to,
evidence of treatment failures or completions, evidence of exceptional crime-free community
adjustment or lack of appropriate adjustment, evidence of substantial community need to
know more about the offender or mitigating circumstances that would narrow the proposed
scope of notification, or other practical situations articulated and based in evidence of the
offender's behavior while under supervision. Upon review of the request, the
end-of-confinement review committee may reassign an offender to a different risk level. If
the offender is reassigned to a higher risk level, the offender has the right to seek review of
the committee's determination under subdivision 6.

(i) An offender may request the end-of-confinement review committee to reassess the
offender's assigned risk level after three years have elapsed since the committee's initial
risk assessment and may renew the request once every two years following subsequent
denials. In a request for reassessment, the offender shall list the facts and circumstances
which demonstrate that the offender no longer poses the same degree of risk to the
community. In order for a request for a risk level reduction to be granted, the offender must
demonstrate full compliance with supervised release conditions, completion of required
post-release treatment programming, and full compliance with all registration requirements
as detailed in section 243.166. The offender must also not have been convicted of any felony,
gross misdemeanor, or misdemeanor offenses subsequent to the assignment of the original
risk level. The committee shall follow the process outlined in paragraphs (a) to (c) in the
reassessment. An offender who is incarcerated may not request a reassessment under this
paragraph.

(j) Offenders returned to prison as release violators shall not have a right to a subsequent
risk reassessment by the end-of-confinement review committee unless substantial evidence
indicates that the offender's risk to the public has increased.

(k) If the committee assigns a predatory offender to risk level III, the committee shall
determine whether residency restrictions shall be included in the conditions of the offender's
release based on the offender's pattern of offending behavior.

Sec. 3.

Minnesota Statutes 2022, section 253B.18, subdivision 5a, is amended to read:

Subd. 5a.

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

(a)
As used in this subdivision:

(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes
criminal sexual conduct in the fifth degree and offenses within the definition of "crime
against the person" in section 253B.02, subdivision 4e, and also includes offenses listed in
section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually
motivated;

(2) "victim" means a person who has incurred loss or harm as a result of a crime the
behavior for which forms the basis for a commitment under this section or chapter 253D new text begin ,
and includes the family members, guardian, conservator, or custodian of a minor,
incompetent, incapacitated, or deceased person new text end ; and

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

(b) A county attorney who files a petition to commit a person under this section or chapter
253D shall make a reasonable effort to provide prompt notice of filing the petition to any
victim of a crime for which the person was convicted. In addition, the county attorney shall
make a reasonable effort to promptly notify the victim of the resolution of the petition and
the process for requesting notification of an individual's change in status as provided in
paragraph (c).

(c) A victim may request notification of an individual's discharge or release as provided
in paragraph (d) by submitting a written request for notification to the executive director of
the facility in which the individual is confined. The Department of Corrections or a county
attorney who receives a request for notification from a victim under this section shall
promptly forward the request to the executive director of the treatment facility in which the
individual is confined.

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

(e) The rights under this subdivision are in addition to rights available to a victim under
chapter 611A. This provision does not give a victim all the rights of a "notified person" or
a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section 253D.14.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2022, section 253D.14, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section:

(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes
criminal sexual conduct in the fifth degree and offenses within the definition of "crime
against the person" in section 253B.02, subdivision 4e, and also includes offenses listed in
section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually
motivated;

(2) "victim" means a person who has incurred loss or harm as a result of a crime, the
behavior for which forms the basis for a commitment under this chapter new text begin , and includes the
family members, guardian, conservator, or custodian of a minor, incompetent, incapacitated,
or deceased person new text end ; and

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2022, section 260E.06, subdivision 1, is amended to read:

Subdivision 1.

Mandatory reporters.

(a) A person who knows or has reason to believe
a child is being maltreated, as defined in section 260E.03, or has been maltreated within
the preceding three years shall immediately report the information to the local welfare
agency, agency responsible for assessing or investigating the report, police department,
county sheriff, tribal social services agency, or tribal police department if the person is:

(1) a professional or professional's delegate who is engaged in the practice of the healing
arts, social services, hospital administration, psychological or psychiatric treatment, child
care, education, correctional supervision, probation and correctional services, or law
enforcement; or

(2) employed as a member of the clergy and received the information while engaged in
ministerial duties, provided that a member of the clergy is not required by this subdivision
to report information that is otherwise privileged under section 595.02, subdivision 1,
paragraph (c).

(b) "Practice of social services" for the purposes of this subdivision includes but is not
limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

new text begin (c) A corporation, school, nonprofit organization, religious organization, facility as
defined in section 260E.03, subdivision 6, or similar entity must not have any policies,
written or otherwise, that prevent or discourage a mandatory or voluntary reporter from
reporting suspected or alleged maltreatment of a child in accordance with this section.
new text end

Sec. 6.

Minnesota Statutes 2022, section 260E.08, is amended to read:

260E.08 CRIMINAL PENALTIES FOR FAILURE TO REPORT; CIVIL
PENALTY FOR MAKING FALSE REPORT.

(a) A person mandated by section 260E.06, subdivision 1, to report who knows or has
reason to believe that a child is maltreated, as defined in section 260E.03, or has been
maltreated within the preceding three years, and fails to report is guilty of a misdemeanor.

(b) A person mandated by section 260E.06, subdivision 1, to report who knows or has
reason to believe that two or more children not related to the offender have been maltreated,
as defined in section 260E.03, by the same offender within the preceding ten years, and
fails to report is guilty of a gross misdemeanor.

(c) A parent, guardian, or caretaker who knows or reasonably should know that the
child's health is in serious danger and who fails to report as required by section 260E.06,
subdivision 3, is guilty of a gross misdemeanor if the child suffers substantial or great bodily
harm because of the lack of medical care. If the child dies because of the lack of medical
care, the person is guilty of a felony and may be sentenced to imprisonment for not more
than two years or to payment of a fine of not more than $4,000, or both. The provision in
section 609.378, subdivision 1, paragraph (a), clause (1), providing that a parent, guardian,
or caretaker may, in good faith, select and depend on spiritual means or prayer for treatment
or care of a child, does not exempt a parent, guardian, or caretaker from the duty to report
under this chapter.

(d) Any person who knowingly or recklessly makes a false report under the provisions
of this chapter shall be liable in a civil suit for any actual damages suffered by the person
or persons so reported and for any punitive damages set by the court or jury, plus costs and
reasonable attorney fees.

new text begin (e) A person who intentionally prevents or attempts to prevent a person mandated by
section 260E.06, subdivision 1, to report under this chapter is guilty of a misdemeanor.
new text end

Sec. 7.

Minnesota Statutes 2022, section 518B.01, subdivision 2, is amended to read:

Subd. 2.

Definitions.

As used in this section, the following terms shall have the meanings
given them:

(a) "Domestic abuse" means the following, if committed against a family or household
member by a family or household member:

(1) physical harm, bodily injury, or assault;

(2) the infliction of fear of imminent physical harm, bodily injury, or assault; or

(3) terroristic threats, within the meaning of section 609.713, subdivision 1; criminal
sexual conduct, within the meaning of section 609.342, 609.343, 609.344, 609.345, or
609.3451; sexual extortion within the meaning of section 609.3458; or interference with an
emergency call within the meaning of section 609.78, subdivision 2.

(b) "Family or household members" means:

(1) spouses and former spouses;

(2) parents and children;

(3) persons related by blood;

(4) persons who are presently residing together or who have resided together in the past;

(5) persons who have a child in common regardless of whether they have been married
or have lived together at any time;

(6) a man and woman if the woman is pregnant and the man is alleged to be the father,
regardless of whether they have been married or have lived together at any time; and

(7) persons involved in a significant romantic or sexual relationship.

Issuance of an order for protection on the ground in clause (6) does not affect a
determination of paternity under sections 257.51 to 257.74. In determining whether persons
are or have been involved in a significant romantic or sexual relationship under clause (7),
the court shall consider the length of time of the relationship; type of relationship; frequency
of interaction between the parties; and, if the relationship has terminated, length of time
since the termination.

(c) "Qualified domestic violence-related offense" has the meaning given in section
609.02, subdivision 16.

new text begin (d) "Custodian" means any person other than the petitioner or respondent who is under
a legal obligation to provide care and support for a minor child of a petitioner or who is in
fact providing care and support for a minor child of a petitioner. Custodian does not include
any person caring for a minor child if the petitioner's parental rights have been terminated.
new text end

Sec. 8.

Minnesota Statutes 2022, section 518B.01, subdivision 3a, is amended to read:

Subd. 3a.

Filing fee.

The filing fees for an order for protection under this section are
waived for the petitioner and respondent. deleted text begin The court administrator, the sheriff of any county
in this state, and other law enforcement and corrections officers shall perform their duties
relating to service of process without charge to the petitioner. The court shall direct payment
of the reasonable costs of service of process if served by a private process server when the
sheriff or other law enforcement or corrections officer is unavailable or if service is made
by publication, without requiring the petitioner to make application under section 563.01.
deleted text end

Sec. 9.

Minnesota Statutes 2022, section 518B.01, subdivision 3b, is amended to read:

Subd. 3b.

Information on petitioner's location or residence.

new text begin (a) new text end Upon the petitioner's
request, information maintained by the court regarding the petitioner's location or residence
is not accessible to the public and may be disclosed only to court personnel or law
enforcement for purposes of service of process, conducting an investigation, or enforcing
an order.

new text begin (b) Upon request of the petitioner or a custodian of the petitioner's minor children,
information maintained by the court regarding the location or residence of the petitioner's
minor children is not accessible to the public and may be disclosed only to court personnel
or law enforcement for purposes of service of process, conducting an investigation, or
enforcing an order. If any custodian is a program participant as defined in section 5B.02,
paragraph (g), the protections, limitations, and requirements in chapter 5B apply and
information maintained by the court regarding the location or residence of the petitioner's
minor children is not accessible to the public.
new text end

Sec. 10.

Minnesota Statutes 2022, section 518B.01, subdivision 4, is amended to read:

Subd. 4.

Order for protection.

There shall exist an action known as a petition for an
order for protection in cases of domestic abuse.

(a) A petition for relief under this section may be made by any family or household
member personally or by a family or household member, a guardian as defined in section
524.1-201, clause (27), or, if the court finds that it is in the best interests of the minor, by
a reputable adult age 25 or older on behalf of minor family or household members. A minor
age 16 or older may make a petition on the minor's own behalf against a spouse or former
spouse, or a person with whom the minor has a child in common, if the court determines
that the minor has sufficient maturity and judgment and that it is in the best interests of the
minor.

(b) A petition for relief shall allege the existence of domestic abuse, and shall be
accompanied by an affidavit made under oath stating the specific facts and circumstances
from which relief is sought.

(c) A petition for relief must state whether the petitioner has ever had an order for
protection in effect against the respondent.

(d) A petition for relief must state whether there is an existing order for protection in
effect under this chapter governing both the parties and whether there is a pending lawsuit,
complaint, petition or other action between the parties under chapter 257, 518, 518A, 518B,
or 518C. The court administrator shall verify the terms of any existing order governing the
parties. The court may not delay granting relief because of the existence of a pending action
between the parties or the necessity of verifying the terms of an existing order. A subsequent
order in a separate action under this chapter may modify only the provision of an existing
order that grants relief authorized under subdivision 6, paragraph (a), clause (1). A petition
for relief may be granted, regardless of whether there is a pending action between the parties.

new text begin (e) A petition for relief must state whether the petitioner has any minor children and, if
so, must provide the name of any custodian of the minor children and must identify the
location or residence of the custodian. If any custodian is a program participant as defined
in section 5B.02, paragraph (g), the location or residence of the custodian is the address
designated by the secretary of state as the address of the program participant. A petition
must not be rejected or denied for failure to identify any custodian.
new text end

deleted text begin (e) deleted text end new text begin (f) new text end The court shall provide simplified forms and clerical assistance to help with the
writing and filing of a petition under this section.

deleted text begin (f) deleted text end new text begin (g) new text end The court shall advise a petitioner under paragraph deleted text begin (e) deleted text end new text begin (f) new text end of the right to file a
motion and affidavit and to sue in forma pauperis pursuant to section 563.01 and shall assist
with the writing and filing of the motion and affidavit.

deleted text begin (g) deleted text end new text begin (h) new text end The court shall advise a petitioner under paragraph deleted text begin (e) deleted text end new text begin (f) new text end of the right to serve
the respondent by published notice under subdivision 5, paragraph (b), if the respondent is
avoiding personal service by concealment or otherwise, and shall assist with the writing
and filing of the affidavit.

deleted text begin (h) deleted text end new text begin (i) new text end The court shall advise the petitioner of the right to seek restitution under the
petition for relief.

deleted text begin (i) deleted text end new text begin (j) new text end The court shall advise the petitioner of the right to request a hearing under
subdivision 7, paragraph (c). If the petitioner does not request a hearing, the court shall
advise the petitioner that the respondent may request a hearing and that notice of the hearing
date and time will be provided to the petitioner new text begin and the custodian of any of the petitioner's
minor children new text end by mail at least five days before the hearing.

deleted text begin (j) deleted text end new text begin (k) new text end The court shall advise the petitioner of the right to request supervised parenting
time, as provided in section 518.175, subdivision 1a.

Sec. 11.

Minnesota Statutes 2022, section 518B.01, subdivision 5, is amended to read:

Subd. 5.

Hearing on application; notice.

(a) Upon receipt of the petition, the court
shall order a hearing which shall be held not later than 14 days from the date of the order
for hearing unless an ex parte order is issued.

(b) If an ex parte order has been issued under subdivision 7 and the petitioner seeks only
the relief under subdivision 7, paragraph (a), a hearing is not required unless:

(1) the court declines to order the requested relief; or

(2) one of the parties requests a hearing.

(c) If an ex parte order has been issued under subdivision 7 and the petitioner seeks relief
beyond that specified in subdivision 7, paragraph (a), or if the court declines to order relief
requested by the petitioner, a hearing must be held within seven days. Personal service of
the ex parte order may be made upon the respondent new text begin and any custodian new text end at any time up to
12 hours prior to the time set for the hearing, provided that the respondent at the hearing
may request a continuance of up to five days if served fewer than five days prior to the
hearing which continuance shall be granted unless there are compelling reasons not to.

(d) If an ex parte order has been issued only granting relief under subdivision 7, paragraph
(a), and the respondent requests a hearing, the hearing shall be held within ten days of the
court's receipt of the respondent's request. Service of the notice of hearing must be made
upon the petitioner new text begin and any custodian new text end not less than five days prior to the hearing. The court
shall serve the notice of hearing upon the petitioner new text begin and any custodian new text end by mail in the manner
provided in the Rules of Civil Procedure for pleadings subsequent to a complaint and motions
and shall also mail notice of the date and time of the hearing to the respondent. In the event
that service cannot be completed in time to give the respondent deleted text begin or deleted text end new text begin , new text end petitioner new text begin , or any custodian new text end
the minimum notice required under this subdivision, the court may set a new hearing date
no more than five days later.

(e) If for good cause shown either party is unable to proceed at the initial hearing and
requests a continuance and the court finds that a continuance is appropriate, the hearing
may be continued. Unless otherwise agreed by the parties and approved by the court, the
continuance shall be for no more than five days. If the court grants the requested continuance,
the court shall also issue a written order continuing all provisions of the ex parte order
pending the issuance of an order after the hearing.

(f) Notwithstanding the preceding provisions of this subdivision, service on the respondent
may be made by one week published notice, as provided under section 645.11, provided
the petitioner files with the court an affidavit stating that an attempt at personal service
made by a sheriff or other law enforcement or corrections officer was unsuccessful because
the respondent is avoiding service by concealment or otherwise, and that a copy of the
petition and notice of hearing has been mailed to the respondent at the respondent's residence
or that the residence is not known to the petitioner. Service under this paragraph is complete
seven days after publication. The court shall set a new hearing date if necessary to allow
the respondent the five-day minimum notice required under paragraph (d).

Sec. 12.

Minnesota Statutes 2022, section 518B.01, subdivision 6a, is amended to read:

Subd. 6a.

Subsequent orders and extensions.

(a) Upon application, notice to all parties,
new text begin notice to any custodian, new text end and hearing, the court may extend the relief granted in an existing
order for protection or, if a petitioner's order for protection is no longer in effect when an
application for subsequent relief is made, grant a new order. If the petitioner seeks only the
relief under subdivision 7, paragraph (a), a hearing is not required unless the court declines
to order the requested relief or the respondent requests a hearing. If a hearing is required,
subdivisions 5 and 7 apply to service of the application, notice to the parties new text begin and any
custodian new text end , and time for the hearing.

(b) The court may extend the terms of an existing order or, if an order is no longer in
effect, grant a new order upon a showing that:

(1) the respondent has violated a prior or existing order for protection;

(2) the petitioner is reasonably in fear of physical harm from the respondent;

(3) the respondent has engaged in the act of harassment within the meaning of section
609.749, subdivision 2; or

(4) the respondent is incarcerated and about to be released, or has recently been released
from incarceration.

A petitioner does not need to show that physical harm is imminent to obtain an extension
or a subsequent order under this subdivision.

(c) Relief granted by the order for protection may be for a period of up to 50 years, if
the court finds:

(1) the respondent has violated a prior or existing order for protection on two or more
occasions; or

(2) the petitioner has had two or more orders for protection in effect against the same
respondent.

An order issued under this paragraph may restrain the abusing party from committing
acts of domestic abuse; or prohibit the abusing party from having any contact with the
petitioner, whether in person, by telephone, mail or electronic mail or messaging, through
electronic devices, through a third party, or by any other means.

Sec. 13.

Minnesota Statutes 2022, section 518B.01, subdivision 7, is amended to read:

Subd. 7.

Ex parte order.

(a) Where an application under this section alleges an immediate
and present danger of domestic abuse, the court may grant an ex parte order for protection
and granting relief as the court deems proper, including an order:

(1) restraining the abusing party from committing acts of domestic abuse;

(2) excluding any party from the dwelling they share or from the residence of the other,
including a reasonable area surrounding the dwelling or residence, which area shall be
described specifically in the order, except by further order of the court;

(3) excluding the abusing party from the place of employment of the petitioner or
otherwise limiting access to the petitioner by the abusing party at the petitioner's place of
employment;

(4) ordering the abusing party to have no contact with the petitioner whether in person,
by telephone, mail, email, through electronic devices, or through a third party;

(5) continuing all currently available insurance coverage without change in coverage or
beneficiary designation;

(6) directing the care, possession, or control of a pet or companion animal owned,
possessed, or kept by a party or a child of a party; and

(7) directing the respondent to refrain from physically abusing or injuring any pet or
companion animal, without legal justification, known to be owned, possessed, kept, or held
by either party or a minor child residing in the residence or household of either party as an
indirect means of intentionally threatening the safety of such person.

(b) A finding by the court that there is a basis for issuing an ex parte order for protection
constitutes a finding that sufficient reasons exist not to require notice under applicable court
rules governing applications for ex parte relief.

(c) Subject to paragraph (d), an ex parte order for protection shall be effective for a fixed
period set by the court, as provided in subdivision 6, paragraph (b), or until modified or
vacated by the court pursuant to a hearing. When signed by a referee, the ex parte order
becomes effective upon the referee's signature. Upon request, a hearing, as provided by this
section, shall be set. Except as provided in paragraph (d), the respondent shall be personally
served forthwith a copy of the ex parte order along with a copy of the petition and, if
requested by the petitioner, notice of the date set for the hearing. new text begin Any custodian must be
served with a copy of the ex parte order. Service on a custodian may be made by personal
service or by certified mail. new text end If the petitioner does not request a hearing, an order served on
a respondent under this subdivision must include a notice advising the respondent of the
right to request a hearing, must be accompanied by a form that can be used by the respondent
to request a hearing and must include a conspicuous notice that a hearing will not be held
unless requested by the respondent within five days of service of the order.

(d) Service of the ex parte order new text begin on the respondent new text end may be made by published notice,
as provided under subdivision 5, provided that the petitioner files the affidavit required
under that subdivision. If personal service is not made or the affidavit is not filed within 14
days of issuance of the ex parte order, the order expires. If the petitioner does not request
a hearing, the petition mailed to the respondent's residence, if known, must be accompanied
by the form for requesting a hearing and notice described in paragraph (c). Unless personal
service is completed, if service by published notice is not completed within 28 days of
issuance of the ex parte order, the order expires. new text begin Notice that an order has expired under this
paragraph must be sent to any custodian.
new text end

(e) If the petitioner seeks relief under subdivision 6 other than the relief described in
paragraph (a), the petitioner must request a hearing to obtain the additional relief.

(f) Nothing in this subdivision affects the right of a party to seek modification of an
order under subdivision 11.

Sec. 14.

Minnesota Statutes 2022, section 518B.01, subdivision 8, is amended to read:

Subd. 8.

Service; alternate service; publication; notice.

(a) The petition and any order
issued under this section other than orders for dismissal shall be served on the respondent
personally new text begin , or if the respondent appears remotely for a hearing and is notified at the hearing
by the judicial officer that an order for protection will be issued, the order may be served
on the respondent electronically or by first class mail, as ordered by the court new text end . Orders for
dismissal may be served new text begin on the respondent new text end personally or by certified mail. In lieu of personal
service of an order for protection, a law enforcement officer may serve a deleted text begin person deleted text end new text begin respondent new text end
with a short-form notification as provided in subdivision 8a. new text begin The petition and any order
issued under this section may be served on any custodian personally or by certified mail.
new text end

(b) When service is made out of this state and in the United States, it may be proved by
the affidavit of the person making the service. When service is made outside the United
States, it may be proved by the affidavit of the person making the service, taken before and
certified by any United States minister, charge d'affaires, commissioner, consul, or
commercial agent, or other consular or diplomatic officer of the United States appointed to
reside in the other country, including all deputies or other representatives of the officer
authorized to perform their duties; or before an office authorized to administer an oath with
the certificate of an officer of a court of record of the country in which the affidavit is taken
as to the identity and authority of the officer taking the affidavit.

(c) If personal service cannot be made new text begin on a respondent new text end , the court may order service of
the petition and any order issued under this section by alternate means, or by publication,
which publication must be made as in other actions. The application for alternate service
must include the last known location of the respondent; the petitioner's most recent contacts
with the respondent; the last known location of the respondent's employment; the names
and locations of the respondent's parents, siblings, children, and other close relatives; the
names and locations of other persons who are likely to know the respondent's whereabouts;
and a description of efforts to locate those persons.

The court shall consider the length of time the respondent's location has been unknown,
the likelihood that the respondent's location will become known, the nature of the relief
sought, and the nature of efforts made to locate the respondent. The court shall order service
by first class mail, forwarding address requested, to any addresses where there is a reasonable
possibility that mail or information will be forwarded or communicated to the respondent.

The court may also order publication, within or without the state, but only if it might
reasonably succeed in notifying the respondent of the proceeding. Service shall be deemed
complete 14 days after mailing or 14 days after court-ordered publication.

(d) A petition and any order issued under this section, including the short-form
notification, must include a notice to the respondent that if an order for protection is issued
to protect the petitioner or a child of the parties, upon request of the petitioner in any
parenting time proceeding, the court shall consider the order for protection in making a
decision regarding parenting time.

Sec. 15.

Minnesota Statutes 2022, section 518B.01, subdivision 8a, is amended to read:

Subd. 8a.

Short-form notification.

(a) In lieu of personal service of an order for
protection under subdivision 8, a law enforcement officer may serve a deleted text begin person deleted text end new text begin respondent new text end
with a short-form notification. The short-form notification must include the following
clauses: the respondent's name; the respondent's date of birth, if known; the petitioner's
name; the names of other protected parties; the date and county in which the ex parte order
for protection or order for protection was filed; the court file number; the hearing date and
time, if known; the conditions that apply to the respondent, either in checklist form or
handwritten; and the name of the judge who signed the order.

The short-form notification must be in bold print in the following form:

The order for protection is now enforceable. You must report to your nearest sheriff
office or county court to obtain a copy of the order for protection. You are subject to arrest
and may be charged with a misdemeanor, gross misdemeanor, or felony if you violate any
of the terms of the order for protection or this short-form notification.

(b) Upon verification of the identity of the respondent and the existence of an unserved
order for protection against the respondent, a law enforcement officer may detain the
respondent for a reasonable time necessary to complete and serve the short-form notification.

(c) When service is made by short-form notification, it may be proved by the affidavit
of the law enforcement officer making the service.

(d) For service under this section only, service upon an individual may occur at any
time, including Sundays, and legal holidays.

(e) The superintendent of the Bureau of Criminal Apprehension shall provide the short
form to law enforcement agencies.

new text begin (f) This section does not apply to service of an order for protection on any custodian.
new text end

Sec. 16.

Minnesota Statutes 2022, section 518B.01, subdivision 9, is amended to read:

Subd. 9.

Assistance of sheriff deleted text begin in service or execution deleted text end new text begin ; possession of dwelling or
residence new text end .

When an order is issued under this section upon request of the petitioner, the
court shall order the sheriff to accompany the petitioner and assist in placing the petitioner
in possession of the dwelling or residence deleted text begin , or otherwise assist in execution or service of the
order of protection. If the application for relief is brought in a county in which the respondent
is not present, the sheriff shall forward the pleadings necessary for service upon the
respondent to the sheriff of the county in which the respondent is present. This transmittal
must be expedited to allow for timely service deleted text end .

Sec. 17.

Minnesota Statutes 2022, section 518B.01, subdivision 9a, is amended to read:

Subd. 9a.

new text begin Personal new text end service deleted text begin by others deleted text end new text begin ; procedures; cost; reasonable efforts and
cooperation required new text end .

new text begin (a) Where personal service is required under this section, service
must comply with subdivision 8 and rule 4.03 of the Rules of Civil Procedure.
new text end

new text begin (b) Upon request of the petitioner or order of the court, the sheriff of any county in this
state in which a respondent resides or is present must execute or serve any petition, ex parte
order, notice of hearing, order for protection, and any other order of a court on the respondent.
If the application for relief is brought in a county in which the respondent is not present,
the sheriff of the county where the application for relief was brought shall forward the
pleadings necessary for service upon the respondent to the sheriff of the county in which
the respondent is present. This transmittal must be expedited to allow for timely service.
new text end

new text begin (c) new text end Peace officers licensed by the state of Minnesota and corrections officers, including,
but not limited to, probation officers, court services officers, parole officers, and employees
of jails or correctional facilities, may serve an order for protection new text begin on a respondent or any
custodian and must, to the extent possible, provide any sheriff, law enforcement officer, or
other peace officer attempting to effectuate service with relevant information regarding
where a respondent may be found, such as the respondent's residence, the respondent's place
of employment or schooling, or other locations frequented by the respondent new text end .

new text begin (d) The court administrator, the sheriff of any county in this state, and any other law
enforcement officer, peace officer, or corrections officer shall perform the duties relating
to service of process without charge to the petitioner. The court shall direct payment of the
reasonable costs of service of process if served by a private process server when the sheriff
or other law enforcement officer, peace officer, or corrections officer is unavailable or if
service is made by publication, without requiring the petitioner to make application under
section 563.01.
new text end

new text begin (e) A sheriff, law enforcement officer, or any other peace officer must make reasonable
efforts to locate a respondent to effectuate service. Reasonable efforts may include:
new text end

new text begin (1) a search of any information that is publicly available;
new text end

new text begin (2) a search of any government data in a database to which the sheriff, law enforcement
officer, or other peace officer has access, provided the data is classified as public data on
individuals as defined in section 13.02, subdivision 15, or is otherwise available to criminal
justice agencies, as defined in section 13.02, subdivision 3a; and
new text end

new text begin (3) communication with any court administrator, the sheriff of any county in this state,
and any other law enforcement officer, peace officer, or corrections officer.
new text end

new text begin (f) A sheriff, law enforcement officer, or any other peace officer who serves a respondent
who the sheriff or officer knows is on supervised probation or supervised release with an
ex parte order, order for protection, or short-form notification must provide a copy of the
served order or notification to the respondent's probation officer, supervised release or
conditional release agent, or parole officer.
new text end

Sec. 18.

Minnesota Statutes 2022, section 518B.01, subdivision 11, is amended to read:

Subd. 11.

Modifying or vacating order.

(a) Upon application, notice to all parties,
new text begin notice to any custodian, new text end and hearing, the court may modify the terms of an existing order
for protection.

(b) If the court orders relief under subdivision 6a, paragraph (c), the respondent named
in the order for protection may request to have the order vacated or modified if the order
has been in effect for at least five years and the respondent has not violated the order during
that time. Application for relief under this subdivision must be made in the county in which
the order for protection was issued. Upon receipt of the request, the court shall set a hearing
date. Personal service must be made upon the petitioner named in the order for protection
not less than 30 days before the date of the hearing. new text begin Notice of the request and hearing may
be made on any custodian personally or by certified mail. new text end At the hearing, the respondent
named in the order for protection has the burden of proving by a preponderance of the
evidence that there has been a material change in circumstances and that the reasons upon
which the court relied in granting or extending the order for protection no longer apply and
are unlikely to occur. If the court finds that the respondent named in the order for protection
has met the burden of proof, the court may vacate or modify the order. If the court finds
that the respondent named in the order for protection has not met the burden of proof, the
court shall deny the request and no request may be made to vacate or modify the order for
protection until five years have elapsed from the date of denial. An order vacated or modified
under this paragraph must be personally served on the petitioner named in the order for
protection new text begin and may be served on any custodian personally or by certified mail new text end .

Sec. 19.

Minnesota Statutes 2022, section 518B.01, is amended by adding a subdivision
to read:

new text begin Subd. 11a. new text end

new text begin Notice to custodian; Safe at Home participants; failure not a bar to
enforcement. new text end

new text begin (a) A custodian who is a program participant as defined in section 5B.02,
paragraph (g), may direct the court to use the address designated by the secretary of state
as the address of the program participant. Section 5B.03, subdivision 1, clause (3), applies
to service of any notice, order, or other document required to be served under this section.
The protections, limitations, and requirements in chapter 5B apply to any information
regarding a custodian who is a program participant.
new text end

new text begin (b) Failure to serve a custodian with a petition, order for protection, dismissal, or any
other order must not prevent any order from taking effect or otherwise invalidate any order
issued pursuant to this section. In the event that service of a notice of a hearing is not
completed on any custodian at least 24 hours prior to the time set for the hearing, the court
may set a new hearing date no more than five days later.
new text end

Sec. 20.

Minnesota Statutes 2022, section 595.02, subdivision 1, is amended to read:

Subdivision 1.

Competency of witnesses.

Every person of sufficient understanding,
including a party, may testify in any action or proceeding, civil or criminal, in court or
before any person who has authority to receive evidence, except as provided in this
subdivision:

(a) A husband cannot be examined for or against his wife without her consent, nor a
wife for or against her husband without his consent, nor can either, during the marriage or
afterwards, without the consent of the other, be examined as to any communication made
by one to the other during the marriage. This exception does not apply to a civil action or
proceeding by one against the other, nor to a criminal action or proceeding for a crime
committed by one against the other or against a child of either or against a child under the
care of either spouse, nor to a criminal action or proceeding in which one is charged with
homicide or an attempt to commit homicide and the date of the marriage of the defendant
is subsequent to the date of the offense, nor to an action or proceeding for nonsupport,
neglect, dependency, or termination of parental rights.

(b) An attorney cannot, without the consent of the attorney's client, be examined as to
any communication made by the client to the attorney or the attorney's advice given thereon
in the course of professional duty; nor can any employee of the attorney be examined as to
the communication or advice, without the client's consent.

(c) A member of the clergy or other minister of any religion shall not, without the consent
of the party making the confession, be allowed to disclose a confession made to the member
of the clergy or other minister in a professional character, in the course of discipline enjoined
by the rules or practice of the religious body to which the member of the clergy or other
minister belongs; nor shall a member of the clergy or other minister of any religion be
examined as to any communication made to the member of the clergy or other minister by
any person seeking religious or spiritual advice, aid, or comfort or advice given thereon in
the course of the member of the clergy's or other minister's professional character, without
the consent of the person.

(d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the consent
of the patient, be allowed to disclose any information or any opinion based thereon which
the professional acquired in attending the patient in a professional capacity, and which was
necessary to enable the professional to act in that capacity; after the decease of the patient,
in an action to recover insurance benefits, where the insurance has been in existence two
years or more, the beneficiaries shall be deemed to be the personal representatives of the
deceased person for the purpose of waiving this privilege, and no oral or written waiver of
the privilege shall have any binding force or effect except when made upon the trial or
examination where the evidence is offered or received.

(e) A public officer shall not be allowed to disclose communications made to the officer
in official confidence when the public interest would suffer by the disclosure.

(f) Persons of unsound mind and persons intoxicated at the time of their production for
examination are not competent witnesses if they lack capacity to remember or to relate
truthfully facts respecting which they are examined.

(g) A registered nurse, psychologist, consulting psychologist, or licensed social worker
engaged in a psychological or social assessment or treatment of an individual at the
individual's request shall not, without the consent of the professional's client, be allowed to
disclose any information or opinion based thereon which the professional has acquired in
attending the client in a professional capacity, and which was necessary to enable the
professional to act in that capacity. Nothing in this clause exempts licensed social workers
from compliance with the provisions of section 626.557 and chapter 260E.

(h) An interpreter for a person disabled in communication shall not, without the consent
of the person, be allowed to disclose any communication if the communication would, if
the interpreter were not present, be privileged. For purposes of this section, a "person disabled
in communication" means a person who, because of a hearing, speech or other communication
disorder, or because of the inability to speak or comprehend the English language, is unable
to understand the proceedings in which the person is required to participate. The presence
of an interpreter as an aid to communication does not destroy an otherwise existing privilege.

(i) Licensed chemical dependency counselors shall not disclose information or an opinion
based on the information which they acquire from persons consulting them in their
professional capacities, and which was necessary to enable them to act in that capacity,
except that they may do so:

(1) when informed consent has been obtained in writing, except in those circumstances
in which not to do so would violate the law or would result in clear and imminent danger
to the client or others;

(2) when the communications reveal the contemplation or ongoing commission of a
crime; or

(3) when the consulting person waives the privilege by bringing suit or filing charges
against the licensed professional whom that person consulted.

(j) A parent or the parent's minor child may not be examined as to any communication
made in confidence by the minor to the minor's parent. A communication is confidential if
made out of the presence of persons not members of the child's immediate family living in
the same household. This exception may be waived by express consent to disclosure by a
parent entitled to claim the privilege or by the child who made the communication or by
failure of the child or parent to object when the contents of a communication are demanded.
This exception does not apply to a civil action or proceeding by one spouse against the other
or by a parent or child against the other, nor to a proceeding to commit either the child or
parent to whom the communication was made or to place the person or property or either
under the control of another because of an alleged mental or physical condition, nor to a
criminal action or proceeding in which the parent is charged with a crime committed against
the person or property of the communicating child, the parent's spouse, or a child of either
the parent or the parent's spouse, or in which a child is charged with a crime or act of
delinquency committed against the person or property of a parent or a child of a parent, nor
to an action or proceeding for termination of parental rights, nor any other action or
proceeding on a petition alleging child abuse, child neglect, abandonment or nonsupport
by a parent.

(k) Sexual assault counselors may not be allowed to disclose any opinion or information
received from or about the victim without the consent of the victim. However, a counselor
may be compelled to identify or disclose information in investigations or proceedings related
to neglect or termination of parental rights if the court determines good cause exists. In
determining whether to compel disclosure, the court shall weigh the public interest and need
for disclosure against the effect on the victim, the treatment relationship, and the treatment
services if disclosure occurs. Nothing in this clause exempts sexual assault counselors from
compliance with the provisions of section 626.557 and chapter 260E.

"Sexual assault counselor" for the purpose of this section means a person who has
undergone at least 40 hours of crisis counseling training and works under the direction of
a supervisor in a crisis center, whose primary purpose is to render advice, counseling, or
assistance to victims of sexual assault.

(l) A domestic abuse advocate deleted text begin may deleted text end new text begin shall new text end not new text begin , without the consent of the victim, new text end be
deleted text begin compelled deleted text end new text begin allowed new text end to disclose any opinion or information received from or about the victim
deleted text begin without the consent of the victim unless ordered by the court deleted text end new text begin which the advocate acquired
in attending the victim in a professional capacity new text end . deleted text begin In determining whether to compel
disclosure, the court shall weigh the public interest and need for disclosure against the effect
on the victim, the relationship between the victim and domestic abuse advocate, and the
services if disclosure occurs. deleted text end Nothing in this paragraph exempts domestic abuse advocates
from compliance with the provisions of section 626.557 and chapter 260E.

For the purposes of this section, "domestic abuse advocate" means an employee or
supervised volunteer from a community-based deleted text begin battered women's shelter and deleted text end domestic abuse
program eligible to receive grants under section 611A.32; that provides information,
advocacy, crisis intervention, emergency shelter, or support to victims of domestic abuse
and who is not employed by or under the direct supervision of a law enforcement agency,
a prosecutor's office, or by a city, county, or state agency.

(m) A person cannot be examined as to any communication or document, including
work notes, made or used in the course of or because of mediation pursuant to an agreement
to mediate or a collaborative law process pursuant to an agreement to participate in
collaborative law. This does not apply to the parties in the dispute in an application to a
court by a party to have a mediated settlement agreement or a stipulated agreement resulting
from the collaborative law process set aside or reformed. A communication or document
otherwise not privileged does not become privileged because of this paragraph. This
paragraph is not intended to limit the privilege accorded to communication during mediation
or collaborative law by the common law.

(n) A child under ten years of age is a competent witness unless the court finds that the
child lacks the capacity to remember or to relate truthfully facts respecting which the child
is examined. A child describing any act or event may use language appropriate for a child
of that age.

(o) A communication assistant for a telecommunications relay system for persons who
have communication disabilities shall not, without the consent of the person making the
communication, be allowed to disclose communications made to the communication assistant
for the purpose of relaying.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 21.

Minnesota Statutes 2023 Supplement, section 609.35, is amended to read:

609.35 COSTS OF MEDICAL EXAMINATION.

(a) Costs incurred by a hospital or other emergency medical facility or by a physician,
sexual assault nurse examiner, forensic nurse, or other licensed health care provider for the
examination of a victim of criminal sexual conduct that occurred in the state shall be paid
by the state. These costs include, but are not limited to, the cost of the medical forensic
examination, associated tests and treatments relating to sexually transmitted infection, and
pregnancy status, including emergency contraception. A hospital, emergency medical facility,
or health care provider shall submit the costs for examination and any associated tests and
treatment to the Office of Justice Programs for payment. Upon receipt of the costs, the
commissioner shall provide payment to the facility or health care provider. Reimbursement
for an examination and any associated test and treatments shall not exceed $1,400. Beginning
on January 1, 2024, the maximum amount of an award shall be adjusted annually by the
inflation rate.

(b) Nothing in this section shall be construed to limit the duties, responsibilities, or
liabilities of any insurer, whether public or private. The hospital or other licensed health
care provider performing the examination may seek insurance reimbursement from the
victim's insurer only if authorized by the victim. This authorization may only be sought
after the examination is performed. When seeking this authorization, the hospital or other
licensed health care provider shall inform the victim that if the victim does not authorize
this, the state is required by law to pay for the examination and that the victim is in no way
liable for these costs or obligated to authorize the reimbursement.

(c) The applicability of this section does not depend upon whether the victim reports
the offense to law enforcement or the existence or status of any investigation or prosecution.

new text begin (d) Requests for reimbursement and supporting documents are private data on individuals
as defined in section 13.02, subdivision 12.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to data requests received before that date if the responsible authority has not yet
provided a response.
new text end

Sec. 22.

Minnesota Statutes 2022, section 609.748, subdivision 3a, is amended to read:

Subd. 3a.

Filing fee deleted text begin ; cost of service deleted text end .

The filing fees for a restraining order under this
section are waived for the petitioner and the respondent if the petition alleges acts that would
constitute a violation of section 609.749, subdivision 2, 3, 4, or 5, or sections 609.342 to
609.3451. deleted text begin The court administrator and any peace officer in this state shall perform their
duties relating to service of process without charge to the petitioner. The court shall direct
payment of the reasonable costs of service of process if served by a private process server
when a peace officer is unavailable or if service is made by publication.
deleted text end

Sec. 23.

Minnesota Statutes 2022, section 609.748, subdivision 5, is amended to read:

Subd. 5.

Restraining order.

(a) The court may issue a restraining order that provides
any or all of the following:

(1) orders the respondent to cease or avoid the harassment of another person; or

(2) orders the respondent to have no contact with another person.

(b) The court may issue an order under paragraph (a) if all of the following occur:

(1) the petitioner has filed a petition under subdivision 3;

(2) a peace officer has served respondent with a copy of the temporary restraining order
obtained under subdivision 4, and with notice of the right to request a hearing, or service
has been made by publication under subdivision 3, paragraph (b); and

(3) the court finds at the hearing that there are reasonable grounds to believe that the
respondent has engaged in harassment.

A restraining order may be issued only against the respondent named in the petition; except
that if the respondent is an organization, the order may be issued against and apply to all of
the members of the organization. If the court finds that the petitioner has had two or more
previous restraining orders in effect against the same respondent or the respondent has
violated a prior or existing restraining order on two or more occasions, relief granted by the
restraining order may be for a period of up to 50 years. In all other cases, relief granted by
the restraining order must be for a fixed period of not more than two years. When a referee
presides at the hearing on the petition, the restraining order becomes effective upon the
referee's signature.

(c) An order issued under this subdivision must be personally served upon the respondent new text begin ,
or if the respondent appears remotely for a hearing and is notified at the hearing by the
judicial officer that a restraining order will be issued, the order may be served on the
respondent electronically or by first class mail, as ordered by the court new text end .

(d) If the court orders relief for a period of up to 50 years under paragraph (a), the
respondent named in the restraining order may request to have the restraining order vacated
or modified if the order has been in effect for at least five years and the respondent has not
violated the order. Application for relief under this paragraph must be made in the county
in which the restraining order was issued. Upon receipt of the request, the court shall set a
hearing date. Personal service must be made upon the petitioner named in the restraining
order not less than 30 days before the date of the hearing. At the hearing, the respondent
named in the restraining order has the burden of proving by a preponderance of the evidence
that there has been a material change in circumstances and that the reasons upon which the
court relied in granting the restraining order no longer apply and are unlikely to occur. If
the court finds that the respondent named in the restraining order has met the burden of
proof, the court may vacate or modify the order. If the court finds that the respondent named
in the restraining order has not met the burden of proof, the court shall deny the request and
no request may be made to vacate or modify the restraining order until five years have
elapsed from the date of denial. An order vacated or modified under this paragraph must
be personally served on the petitioner named in the restraining order.

Sec. 24.

Minnesota Statutes 2022, section 609.748, subdivision 5b, is amended to read:

Subd. 5b.

new text begin Personal new text end service deleted text begin by others deleted text end new text begin ; procedures; cost; reasonable efforts and
cooperation required new text end .

new text begin (a) Where personal service is required under this section, service
must comply with rule 4.03 of the Rules of Civil Procedure.
new text end

new text begin (b) new text end In addition to peace officers, corrections officers, including but not limited to
probation officers, court services officers, parole officers, and employees of jails or
correctional facilities, may serve a temporary restraining order or restraining order new text begin and must,
to the extent possible, provide any sheriff, law enforcement officer, or other peace officer
attempting to effectuate service with relevant information regarding where a respondent
may be found, such as the respondent's residence, the respondent's place of employment or
schooling, or other locations frequented by the respondent new text end .

new text begin (c) The court administrator and any peace officer in this state shall perform their duties
relating to service of process without charge to the petitioner. The court shall direct payment
of the reasonable costs of service of process if served by a private process server when a
peace officer is unavailable or if service is made by publication.
new text end

new text begin (d) A sheriff, law enforcement officer, or any other peace officer must make reasonable
efforts to locate a respondent to effectuate service. Reasonable efforts may include:
new text end

new text begin (1) a search of any information that is publicly available;
new text end

new text begin (2) a search of any government data in a database to which the sheriff, law enforcement
officer, or other peace officer has access, provided the data is classified as public data on
individuals as defined in section 13.02, subdivision 15, or is otherwise available to criminal
justice agencies, as defined in section 13.02, subdivision 3a; and
new text end

new text begin (3) communication with any court administrator, the sheriff of any county in this state,
and any other law enforcement officer, peace officer, or corrections officer.
new text end

new text begin (e) A sheriff, law enforcement officer, or any other peace officer who serves a respondent
who the sheriff or officer knows is on supervised probation or supervised release with a
temporary restraining order, restraining order, or short-form notification must provide a
copy of the served order or notification to the respondent's probation officer, supervised
release or conditional release agent, or parole officer.
new text end

Sec. 25.

Minnesota Statutes 2022, section 609.748, is amended by adding a subdivision
to read:

new text begin Subd. 5c. new text end

new text begin Dismissals. new text end

new text begin Orders for dismissal of a temporary restraining order or a
restraining order may be served personally or by certified mail.
new text end

Sec. 26.

Minnesota Statutes 2023 Supplement, section 611A.039, subdivision 1, is amended
to read:

Subdivision 1.

Notice required.

(a) Except as otherwise provided in subdivision 2,
within 15 working days after a conviction, acquittal, or dismissal in a criminal case in which
there is an identifiable crime victim, the prosecutor shall make reasonable good faith efforts
to provide to each affected crime victim oral or written notice of the final disposition of the
case and of the victim rights under section 611A.06. When the court is considering modifying
the sentence for a felony or a crime of violence or an attempted crime of violence, the
prosecutor shall make a reasonable and good faith effort to notify the victim of the crime.
deleted text begin If the victim is incapacitated or deceased, notice must be given to the victim's family. If the
victim is a minor, notice must be given to the victim's parent or guardian. deleted text end The notice must
include:

(1) the date and approximate time of the review;

(2) the location where the review will occur;

(3) the name and telephone number of a person to contact for additional information;
and

(4) a statement that the victim deleted text begin and victim's family deleted text end may provide input to the court
concerning the sentence modification.

(b) The Office of Justice Programs in the Department of Public Safety shall develop and
update a model notice of postconviction rights under this subdivision and section 611A.06.

(c) As used in this section deleted text begin , deleted text end new text begin :
new text end

new text begin (1) new text end "crime of violence" has the meaning given in section 624.712, subdivision 5, and
also includes violations of section 609.3458, gross misdemeanor violations of section
609.224, and nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and
609.749 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (2) "victim" has the meaning given in section 611A.01, paragraph (b).
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

Sec. 27.

Minnesota Statutes 2022, section 611A.06, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Notice of end-of-confinement review committee process and opportunity
to provide input. new text end

new text begin If an individual scheduled to be released from imprisonment is subject
to an end-of-confinement review under section 244.052, the commissioner of corrections
shall make a good faith effort to notify the victim of the end-of-confinement review process
and that the victim has a right to submit written input for consideration at the
end-of-confinement review hearing. The victim has a continuing right to submit input if the
end-of-confinement review committee receives a request to reassess the individual's assigned
risk level. These notices shall only be provided to victims who have submitted a written
request for this notice to the commissioner of corrections or an electronic request through
the Department of Corrections electronic victim notification system. The good faith effort
to notify the victim must occur before the offender's end-of-confinement review hearing
and provide sufficient time for the input to be considered in the end-of-confinement
determination.
new text end

Sec. 28.

Minnesota Statutes 2022, section 611A.212, subdivision 1, is amended to read:

Subdivision 1.

Grants.

The commissioner of public safety shall award grants new text begin for
statewide organizations new text end to new text begin provide subgrants, support, resources, and technical assistance
to sexual assault new text end programs that provide sexual assault primary prevention services to prevent
initial perpetration or victimization of sexual assault.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 29.

Minnesota Statutes 2023 Supplement, section 611A.52, subdivision 5, is amended
to read:

Subd. 5.

Collateral source.

"Collateral source" means a source of benefits or advantages
for economic loss otherwise reimbursable under sections 611A.51 to 611A.68 which the
victim or claimant has received, or which is readily available to the victim, from:

(1) the offender;

(2) the government of the United States or any agency thereof, a state or any of its
political subdivisions, or an instrumentality of two or more states, unless the law providing
for the benefits or advantages makes them excess or secondary to benefits under sections
611A.51 to 611A.68;

(3) Social Security, Medicare, and Medicaid;

(4) state required temporary nonoccupational disability insurance;

(5) workers' compensation;

(6) wage continuation programs of any employer;

(7) proceeds of a contract of insurance payable to the victim for economic loss sustained
because of the crime;

(8) a contract providing prepaid hospital and other health care services, or benefits for
disability; new text begin or
new text end

deleted text begin (9) any private source as a voluntary donation or gift; or
deleted text end

deleted text begin (10) deleted text end new text begin (9) new text end proceeds of a lawsuit brought as a result of the crime.

The term does not include a life insurance contract new text begin or benefits from any private source
provided as a voluntary donation or gift 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

Sec. 30.

Minnesota Statutes 2022, section 611A.73, subdivision 4, is amended to read:

Subd. 4.

Victim.

"Victim" deleted text begin refers to anyone or the next of kin of anyone who has been
or purports to have been subjected to a criminal act, whether a felony, a gross misdemeanor,
or misdemeanor deleted text end new text begin has the meaning given in section 611A.01, paragraph (b) 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

Sec. 31.

Minnesota Statutes 2022, section 629.72, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given them.

(b) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2.

(c) "Harass" and "stalking" have the meanings given in section 609.749.

(d) "Violation of a domestic abuse no contact order" has the meaning given in section
629.75.

(e) "Violation of an order for protection" has the meaning given in section 518B.01,
subdivision 14.

new text begin (f) "Victim" has the meaning in section 611A.01, paragraph (b).
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

Sec. 32.

Minnesota Statutes 2022, section 629.72, subdivision 7, is amended to read:

Subd. 7.

Notice to victim regarding bail hearing.

(a) When a person arrested for or a
juvenile detained for domestic assault or harassing or stalking is scheduled to be reviewed
under subdivision 2 for release from pretrial detention, the court shall make a reasonable
good faith effort to notify deleted text begin :
deleted text end

deleted text begin (1) deleted text end the victim of the alleged crime deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (2) if the victim is incapacitated or deceased, the victim's family; and
deleted text end

deleted text begin (3) if the victim is a minor, the victim's parent or guardian.
deleted text end

(b) The notification must include:

(1) the date and approximate time of the review;

(2) the location where the review will occur;

(3) the name and telephone number of a person that can be contacted for additional
information; and

(4) a statement that the victim deleted text begin and the victim's family deleted text end may attend the review.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 33.

Minnesota Statutes 2022, section 629.725, is amended to read:

629.725 NOTICE TO VICTIM REGARDING BAIL HEARING OF ARRESTED
OR DETAINED PERSON.

(a) When a person arrested or a juvenile detained for a crime of violence or an attempted
crime of violence is scheduled to be reviewed under section 629.715 for release from pretrial
detention, the court shall make a reasonable and good faith effort to notify the victim of the
alleged crime. deleted text begin If the victim is incapacitated or deceased, notice must be given to the victim's
family. If the victim is a minor, notice must be given to the victim's parent or guardian. deleted text end The
notification must include:

(1) the date and approximate time of the review;

(2) the location where the review will occur;

(3) the name and telephone number of a person that can be contacted for additional
information; and

(4) a statement that the victim and the victim's family may attend the review.

(b) As used in this section deleted text begin , deleted text end new text begin :
new text end

new text begin (1) new text end "crime of violence" has the meaning given it in section 624.712, subdivision 5, and
also includes:

deleted text begin (1) deleted text end new text begin (i) new text end sections 609.2112, 609.2113, 609.2114, and 609.3458;

deleted text begin (2) deleted text end new text begin (ii) new text end gross misdemeanor violations of section 609.224;

deleted text begin (3) deleted text end new text begin (iii) new text end nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and
609.749; deleted text begin and
deleted text end

deleted text begin (4) deleted text end new text begin (iv) new text end Minnesota Statutes 2012, section 609.21 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (2) "victim" has the meaning given in section 611A.01, paragraph (b).
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

Sec. 34.

Minnesota Statutes 2022, section 629.73, subdivision 1, is amended to read:

Subdivision 1.

Oral notice.

When a person arrested or a juvenile detained for a crime
of violence or an attempted crime of violence is about to be released from pretrial detention,
the agency having custody of the arrested or detained person or its designee shall make a
reasonable and good faith effort before release to inform orally the victim deleted text begin or, if the victim
is incapacitated, the same or next of kin, or if the victim is a minor, the victim's parent or
guardian deleted text end of the following matters:

(1) the conditions of release, if any;

(2) the time of release;

(3) the time, date, and place of the next scheduled court appearance of the arrested or
detained person and, where applicable, the victim's right to be present at the court appearance;
and

(4) the location and telephone number of at least one area crime victim service provider
as designated by the Office of Justice Programs in the Department of Public Safety.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 35.

Minnesota Statutes 2022, section 629.73, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Definition. new text end

new text begin As used in this section, "victim" has the meaning given in section
611A.01, paragraph (b).
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

ARTICLE 2

CRIMINAL JUSTICE REFORM

Section 1.

new text begin [260B.009] DNA COLLECTION; PARENTAL CONSENT, COURT
ORDER, OR WARRANT REQUIRED.
new text end

new text begin (a) As used in this section, "DNA analysis" has the meaning given in section 299C.155.
new text end

new text begin (b) A biological specimen for the purpose of DNA analysis must not be taken from a
minor without the consent of the minor's parent or custodian, a court order, or a warrant.
new text end

new text begin (c) A minor whose biological specimen is collected in violation of paragraph (b) may
move the court to suppress the use, as evidence, of the results of the DNA analysis and for
destruction of the biological specimen.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to biological
specimens collected on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 299C.105, subdivision 1, is amended
to read:

Subdivision 1.

Required collection of biological specimen for DNA testing.

(a) Sheriffs,
peace officers, and community corrections agencies operating secure juvenile detention
facilities shall take or cause to be taken biological specimens for the purpose of DNA analysis
as defined in section 299C.155, of the following:

(1) deleted text begin persons who have appeared in court and have had a judicial probable cause
determination on a charge of committing, or deleted text end persons having been convicted of or attempting
to commit deleted text begin , deleted text end any of the following:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24, aggravated robbery under section 609.245, or
carjacking under section 609.247;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3, or 609.3453;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3;

(2) persons sentenced as patterned sex offenders under section 609.3455, subdivision
3a; or

(3) deleted text begin juveniles who have appeared in court and have had a judicial probable cause
determination on a charge of committing, or deleted text end juveniles having been adjudicated delinquent
for committing or attempting to commit deleted text begin , deleted text end any of the following:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24, aggravated robbery under section 609.245, or
carjacking under section 609.247;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3, or 609.3453;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3.

(b) Unless the superintendent of the bureau requires a shorter period, within 72 hours
the biological specimen required under paragraph (a) must be forwarded to the bureau in
such a manner as may be prescribed by the superintendent.

(c) Prosecutors, courts, and probation officers shall attempt to ensure that the biological
specimen is taken on a person described in paragraph (a).

Sec. 3.

Minnesota Statutes 2022, section 590.01, subdivision 4, is amended to read:

Subd. 4.

Time limit.

(a) No petition for postconviction relief may be filed more than
two years after the later of:

(1) the entry of judgment of conviction or sentence if no direct appeal is filed; or

(2) an appellate court's disposition of petitioner's direct appeal.

(b) Notwithstanding paragraph (a), a court may hear a petition for postconviction relief
if:

(1) the petitioner establishes that a physical disability or mental disease precluded a
timely assertion of the claim;

(2) the petitioner alleges the existence of newly discovered evidence, including scientific
evidence, that new text begin provides facts necessary to sustain one or more legally cognizable claims for
postconviction relief, if such evidence new text end could not have been ascertained by the exercise of
due diligence by the petitioner or petitioner's attorney within the two-year time period for
filing a postconviction petition, deleted text begin and the evidence deleted text end is not cumulative to evidence presented
at trial, new text begin and new text end is not for impeachment purposes deleted text begin , and establishes by a clear and convincing
standard that the petitioner is innocent of the offense or offenses for which the petitioner
was convicted deleted text end ;

(3) the petitioner asserts a new interpretation of federal or state constitutional or statutory
law by either the United States Supreme Court or a Minnesota appellate court and the
petitioner establishes that this interpretation is retroactively applicable to the petitioner's
case;

(4) the petition is brought pursuant to subdivision 3; or

(5) the petitioner establishes to the satisfaction of the court that the petition is not frivolous
and is in the interests of justice.

(c) Any petition invoking an exception provided in paragraph (b) must be filed within
two years of the date the claim arises.

Sec. 4.

Minnesota Statutes 2022, section 590.03, is amended to read:

590.03 PLEADINGS AND PRACTICE AFTER FILING A POSTCONVICTION
PETITION.

Within deleted text begin 20 deleted text end new text begin 45 new text end days after the filing of the petition pursuant to section 590.01 or within
such time as the judge to whom the matter has been assigned may fix, the county attorney,
or the attorney general, on behalf of the state, shall respond to the petition by answer or
motion which shall be filed with the court administrator of district court and served on the
petitioner if unrepresented or on the petitioner's attorney. No further pleadings are necessary
except as the court may order. The court may at any time prior to its decision on the merits
permit a withdrawal of the petition, may permit amendments thereto, and to the answer.
The court shall liberally construe the petition and any amendments thereto and shall look
to the substance thereof and waive any irregularities or defects in form.

Sec. 5.

Minnesota Statutes 2022, section 604A.05, subdivision 1, is amended to read:

Subdivision 1.

Person deleted text begin seeking medical deleted text end new text begin providing new text end assistance; immunity from
prosecution.

A person acting in good faith who seeks medical assistance for new text begin or acts in
concert with a person seeking medical assistance for new text end another person who is experiencing a
drug-related overdose may not be charged or prosecuted for the possession, sharing, or use
of a controlled substance under section 152.023, subdivision 2 deleted text begin , clauses (4) and (6), deleted text end new text begin ; new text end 152.024 deleted text begin , deleted text end new text begin ; new text end
or 152.025 deleted text begin , or possession of drug paraphernalia deleted text end . A person qualifies for the immunities
provided in this subdivision only if:

(1) the evidence for the charge or prosecution was obtained as a result of the person's
seeking medical assistance for new text begin or acting in concert with a person seeking medical assistance
for new text end another person; and

(2) the person seeks medical assistance for new text begin or acts in concert with a person seeking
medical assistance for new text end another person who is in need of medical assistance for an immediate
health or safety concern, provided that the person deleted text begin who seeks the medical assistance is the
deleted text end deleted text begin first person to seek the assistance, deleted text end provides a name and contact information, remains on the
scene until assistance arrives or is provided, and cooperates with the authorities.

Good faith does not include seeking medical assistance during the course of the execution
of an arrest warrant or search warrant or a lawful search.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to acts
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 609.135, subdivision 2, is amended
to read:

Subd. 2.

Stay of sentence maximum periods.

(a) Except as provided in paragraph (b),
if the conviction is for a felony, the stay shall be for not more than five years or the maximum
period for which the sentence of imprisonment might have been imposed, whichever is less.

(b) If the conviction is for a felony deleted text begin described in deleted text end new text begin violation of, or a felony-level attempt
or conspiracy to violate, new text end section 609.19; 609.195; 609.20; 609.2112; 609.2113, subdivision
2; 609.2662; 609.2663; 609.2664; 609.268; 609.342; 609.343; 609.344; 609.345; 609.3451;
609.3458; or 609.749 new text begin ; or a felony-level attempt or conspiracy to violate section 609.185 or
609.2661 new text end , the stay shall be for not more than four years or the maximum period for which
the sentence of imprisonment might have been imposed, whichever is longer.

(c) If the conviction is for a gross misdemeanor violation of section 169A.20, 609.2113,
subdivision 3, or 609.3451, the stay shall be for not more than four years. The court shall
provide for unsupervised probation for the last year of the stay unless the court finds that
the defendant needs supervised probation for all or part of the last year.

(d) If the conviction is for a gross misdemeanor not specified in paragraph (c), the stay
shall be for not more than two years.

(e) If the conviction is for any misdemeanor under section 169A.20; 609.746, subdivision
1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 609.224, subdivision
1, in which the victim of the crime was a family or household member as defined in section
518B.01, the stay shall be for not more than two years. The court shall provide for
unsupervised probation for the second year of the stay unless the court finds that the
defendant needs supervised probation for all or part of the second year.

(f) If the conviction is for a misdemeanor not specified in paragraph (e), the stay shall
be for not more than one year.

(g) The defendant shall be discharged six months after the term of the stay expires, unless
the stay has been revoked or extended under paragraph (h), or the defendant has already
been discharged.

(h) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (g), a court may extend a defendant's term of probation for up to one year
if it finds, at a hearing conducted under subdivision 1a, that:

(1) the defendant has not paid court-ordered restitution in accordance with the payment
schedule or structure; and

(2) the defendant is likely to not pay the restitution the defendant owes before the term
of probation expires.

This one-year extension of probation for failure to pay restitution may be extended by the
court for up to one additional year if the court finds, at another hearing conducted under
subdivision 1a, that the defendant still has not paid the court-ordered restitution that the
defendant owes.

Nothing in this subdivision limits the court's ability to refer the case to collections under
section 609.104.

(i) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (g), a court may extend a defendant's term of probation for up to three
years if it finds, at a hearing conducted under subdivision 1c, that:

(1) the defendant has failed to complete court-ordered treatment successfully; and

(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to sentences
announced on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2023 Supplement, section 609.3455, subdivision 5, is amended
to read:

Subd. 5.

Life sentences; minimum term of imprisonment.

At the time of sentencing
under subdivision 3 or 4, the court shall specify a minimum term of imprisonment, based
on the sentencing guidelines or any applicable mandatory minimum sentence, that must be
served before the offender may be considered for supervised release. If the offender was
under 18 years of age at the time of the commission of the offense, the minimum term of
imprisonment specified by the court shall not exceed the applicable minimum term of
imprisonment described in new text begin section 244.05, new text end subdivision 4b.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2023 Supplement, section 609A.015, subdivision 3, is amended
to read:

Subd. 3.

Eligibility; certain criminal proceedings.

(a) A person is eligible for a grant
of expungement relief if the person:

(1) was convicted of a qualifying offense;

(2) has not been convicted of a new offense, other than an offense that would be a petty
misdemeanor, in Minnesota:

(i) during the applicable waiting period immediately following discharge of the disposition
or sentence for the crime; or

(ii) during the applicable waiting period immediately preceding a subsequent review
performed pursuant to subdivision 5, paragraph (a); and

(3) is not charged with an offense, other than an offense that would be a petty
misdemeanor, in Minnesota at the time the person reaches the end of the applicable waiting
period or at the time of a subsequent review.

(b) As used in this subdivision, "qualifying offense" means a conviction for:

(1) any petty misdemeanor offense other than a violation of a traffic regulation relating
to the operation or parking of motor vehicles;

(2) any misdemeanor offense other than:

(i) section 169A.20 under the terms described in section 169A.27 (fourth-degree driving
while impaired);

(ii) section 518B.01, subdivision 14 (violation of an order for protection);

(iii) section 609.224 (assault in the fifth degree);

(iv) section 609.2242 (domestic assault);

(v) section 609.746 (interference with privacy);

(vi) section 609.748 (violation of a harassment restraining order);

(vii) section 609.78 (interference with emergency call);

(viii) section 609.79 (obscene or harassing phone calls);

(ix) section 617.23 (indecent exposure); or

(x) section 629.75 (violation of domestic abuse no contact order);

(3) any gross misdemeanor offense other than:

new text begin (i) section 169.13, subdivision 1, if the person causes great bodily harm or death to
another (reckless driving resulting in great bodily harm or death);
new text end

deleted text begin (i) deleted text end new text begin (ii) new text end section 169A.25 (second-degree driving while impaired);

deleted text begin (ii) deleted text end new text begin (iii) new text end section 169A.26 (third-degree driving while impaired);

deleted text begin (iii) deleted text end new text begin (iv) new text end section 518B.01, subdivision 14 (violation of an order for protection);

deleted text begin (iv) deleted text end new text begin (v) new text end section 609.2113, subdivision 3 (criminal vehicular operation);

deleted text begin (v) deleted text end new text begin (vi) new text end section 609.2231 (assault in the fourth degree);

deleted text begin (vi) deleted text end new text begin (vii) new text end section 609.224 (assault in the fifth degree);

deleted text begin (vii) deleted text end new text begin (viii) new text end section 609.2242 (domestic assault);

deleted text begin (viii) deleted text end new text begin (ix) new text end section 609.233 (criminal neglect);

deleted text begin (ix) deleted text end new text begin (x) new text end section 609.3451 (criminal sexual conduct in the fifth degree);

deleted text begin (x) deleted text end new text begin (xi) new text end section 609.377 (malicious punishment of child);

deleted text begin (xi) deleted text end new text begin (xii) new text end section 609.485 (escape from custody);

deleted text begin (xii) deleted text end new text begin (xiii) new text end section 609.498 (tampering with witness);

deleted text begin (xiii) deleted text end new text begin (xiv) new text end section 609.582, subdivision 4 (burglary in the fourth degree);

deleted text begin (xiv) deleted text end new text begin (xv) new text end section 609.746 (interference with privacy);

deleted text begin (xv) deleted text end new text begin (xvi) new text end section 609.748 (violation of a harassment restraining order);

deleted text begin (xvi) deleted text end new text begin (xvii) new text end section 609.749 (harassment; stalking);

deleted text begin (xvii) deleted text end new text begin (xviii) new text end section 609.78 (interference with emergency call);

deleted text begin (xviii) deleted text end new text begin (xix) new text end section 617.23 (indecent exposure);

deleted text begin (xix) deleted text end new text begin (xx) new text end section 617.261 (nonconsensual dissemination of private sexual images); or

deleted text begin (xx) deleted text end new text begin (xxi) new text end section 629.75 (violation of domestic abuse no contact order); or

(4) any felony offense listed in section 609A.02, subdivision 3, paragraph (b), other
than:

(i) section 152.023, subdivision 2 (possession of a controlled substance in the third
degree);

(ii) 152.024, subdivision 2 (possession of a controlled substance in the fourth degree);

(iii) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from civil
commitment for mental illness); deleted text begin or
deleted text end

(iv) new text begin section 609.582, subdivision 3, paragraph (a) (burglary in the third degree; other
than trespass); or
new text end

new text begin (v) new text end section 609.746, subdivision 1, paragraph deleted text begin (e) deleted text end new text begin (g) new text end (interference with privacy;
subsequent violation or minor victim).

(c) As used in this subdivision, "applicable waiting period" means:

(1) if the offense was a petty misdemeanor, two years since discharge of the sentence;

(2) if the offense was a misdemeanor, two years since discharge of the sentence for the
crime;

(3) if the offense was a gross misdemeanor, three years since discharge of the sentence
for the crime;

(4) if the offense was a felony violation of section 152.025, four years since the discharge
of the sentence for the crime; and

(5) if the offense was any other felony, five years since discharge of the sentence for the
crime.

(d) Felony offenses deemed to be a gross misdemeanor or misdemeanor pursuant to
section 609.13, subdivision 1, remain ineligible for expungement under this section. Gross
misdemeanor offenses ineligible for a grant of expungement under this section remain
ineligible if deemed to be for a misdemeanor pursuant to section 609.13, subdivision 2.

(e) The service requirements in section 609A.03, subdivision 8, do not apply to any
expungements ordered under this subdivision.

(f) An expungement order does not apply to records held by the commissioners of health
and human services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 9.

Minnesota Statutes 2023 Supplement, section 609A.02, subdivision 3, is amended
to read:

Subd. 3.

Certain criminal proceedings.

(a) A petition may be filed under section
609A.03 to seal all records relating to an arrest, indictment or information, trial, or verdict
if the records are not subject to section 299C.11, subdivision 1, paragraph (b), and if:

(1) all pending actions or proceedings were resolved in favor of the petitioner. For
purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution
in favor of the petitioner. For the purposes of this chapter, an action or proceeding is resolved
in favor of the petitioner, if the petitioner received an order under section 590.11 determining
that the petitioner is eligible for compensation based on exoneration;

(2) the petitioner has successfully completed the terms of a diversion program or stay
of adjudication and has not been charged with a new crime for at least one year since
completion of the diversion program or stay of adjudication;

(3) the petitioner was convicted of a petty misdemeanor or misdemeanor or the sentence
imposed was within the limits provided by law for a misdemeanor and the petitioner has
not been convicted of a new crime for at least two years since discharge of the sentence for
the crime;

(4) the petitioner was convicted of a gross misdemeanor or the sentence imposed was
within the limits provided by law for a gross misdemeanor and the petitioner has not been
convicted of a new crime for at least three years since discharge of the sentence for the
crime;

(5) the petitioner was convicted of a gross misdemeanor that is deemed to be for a
misdemeanor pursuant to section 609.13, subdivision 2, clause (2), and has not been convicted
of a new crime for at least three years since discharge of the sentence for the crime;

(6) the petitioner was convicted of a felony violation of section 152.025 and has not
been convicted of a new crime for at least four years since discharge of the sentence for the
crime;

(7) the petitioner was convicted of a felony that is deemed to be for a gross misdemeanor
or misdemeanor pursuant to section 609.13, subdivision 1, clause (2), and has not been
convicted of a new crime for at least new text begin :
new text end

new text begin (i) four years since discharge of the sentence for the crime if the conviction was for an
offense listed in paragraph (b); or
new text end

new text begin (ii) new text end five years since discharge of the sentence for the crime new text begin if the conviction was for any
other offense new text end ; or

(8) the petitioner was convicted of a felony violation of an offense listed in paragraph
(b), and has not been convicted of a new crime for at least four years since discharge of the
sentence for the crime.

(b) Paragraph (a), clause deleted text begin (7) deleted text end new text begin (8) new text end , applies to the following offenses:

(1) section 35.824 (altering livestock certificate);

(2) section 62A.41 (insurance regulations);

(3) section 86B.865, subdivision 1 (certification for title on watercraft);

(4) section 152.023, subdivision 2 (possession of a controlled substance in the third
degree); 152.024, subdivision 2 (possession of a controlled substance in the fourth degree);
152.025 (controlled substance in the fifth degree); or 152.097 (sale of simulated controlled
substance);

(5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09,
subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm);

(6) chapter 201; 203B; or 204C (voting violations);

(7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);

(8) section 256.984 (false declaration in assistance application);

(9) section 296A.23, subdivision 2 (willful evasion of fuel tax);

(10) section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances);

(11) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor);

(12) section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize notices
and solicitations);

(13) section 346.155, subdivision 10 (failure to control regulated animal);

(14) section 349.2127; or 349.22 (gambling regulations);

(15) section 588.20 (contempt);

(16) section 609.27, subdivision 1, clauses (2) to (5) (coercion);

(17) section 609.31 (leaving state to evade establishment of paternity);

(18) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from civil
commitment for mental illness);

(19) section 609.49 (failure to appear in court);

(20) section 609.52, subdivision 2, when sentenced pursuant to section 609.52,
subdivision 3, clause (3)(a) (theft of $5,000 or less) or 609.52, subdivision 3a, clause (1)
(theft of $1,000 or less with risk of bodily harm); or any other offense sentenced pursuant
to section 609.52, subdivision 3, clause (3)(a);

(21) section 609.521 (possession of shoplifting gear);

(22) section 609.525 (bringing stolen goods into state);

(23) section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods);

(24) section 609.527, subdivision 5b (possession or use of scanning device or reencoder);
609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit check); or
609.529 (mail theft);

(25) section 609.53 (receiving stolen goods);

(26) section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check over
$500);

(27) section 609.54, clause (1) (embezzlement of public funds $2,500 or less);

(28) section 609.551 (rustling and livestock theft);

(29) section 609.5641, subdivision 1a, paragraph (a) (wildfire arson);

(30) section 609.576, subdivision 1, clause (3), item (iii) (negligent fires);

(31) section 609.582, subdivision 3 (burglary in the third degree);

(32) section 609.59 (possession of burglary or theft tools);

(33) section 609.595, subdivision 1, clauses (3) to (5), and subdivision 1a, paragraph
(a) (criminal damage to property);

(34) section 609.597, subdivision 3, clause (3) (assaulting or harming police horse);

(35) section 609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision 4,
clause (3)(a) (check forgery new text begin and offering forged check, new text end $2,500 or less); 609.635 (obtaining
signature by false pretense); 609.64 (recording, filing forged instrument); or 609.645
(fraudulent statements);

(36) section 609.65, clause (1) (false certification by notary); or 609.651, subdivision
4, paragraph (a) (lottery fraud);

(37) section 609.652 (fraudulent driver's license and identification card);

(38) section 609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer); or
609.66, subdivision 1b (furnishing firearm to minor);

(39) section 609.662, subdivision 2, paragraph (b) (duty to render aid);

(40) section 609.686, subdivision 2 (tampering with fire alarm);

(41) section 609.746, subdivision 1, paragraph (g) (interference with privacy; subsequent
violation or minor victim);

(42) section 609.80, subdivision 2 (interference with cable communications system);

(43) section 609.821, subdivision 2 (financial transaction card fraud);

(44) section 609.822 (residential mortgage fraud);

(45) section 609.825, subdivision 2 (bribery of participant or official in contest);

(46) section 609.855, subdivision 2, paragraph (c), clause (1) (interference with transit
operator);

(47) section 609.88 (computer damage); or 609.89 (computer theft);

(48) section 609.893, subdivision 2 (telecommunications and information services fraud);

(49) section 609.894, subdivision 3 or 4 (cellular counterfeiting);

(50) section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual
property);

(51) section 609.896 (movie pirating);

(52) section 624.7132, subdivision 15, paragraph (b) (transfer pistol to minor); 624.714,
subdivision 1a (pistol without permit; subsequent violation); or 624.7141, subdivision 2
(transfer of pistol to ineligible person); or

(53) section 624.7181 (rifle or shotgun in public by minor).

Sec. 10.

new text begin [627.16] CRIMINAL SEXUAL CONDUCT; MENTALLY
INCAPACITATED; ASLEEP OR NOT CONSCIOUS.
new text end

new text begin A criminal action arising out of an incident of alleged criminal sexual conduct may be
prosecuted either in the county where any element of the alleged sexual penetration or sexual
contact was committed or the county where the complainant is found when the complainant
is:
new text end

new text begin (1) mentally incapacitated, as defined in section 609.341, subdivision 7; or
new text end

new text begin (2) physically helpless, as defined in section 609.341, subdivision 9, as the result of
being asleep or not conscious.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 299C.105, subdivision 3, new text end new text begin is repealed.
new text end

ARTICLE 3

PUBLIC SAFETY POLICY

Section 1.

Minnesota Statutes 2023 Supplement, section 146A.08, subdivision 1, is
amended to read:

Subdivision 1.

Prohibited conduct.

(a) The commissioner may impose disciplinary
action as described in section 146A.09 against any unlicensed complementary and alternative
health care practitioner. The following conduct is prohibited and is grounds for disciplinary
action:

(b) Conviction of a crime, including a finding or verdict of guilt, an admission of guilt,
or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United States,
reasonably related to engaging in complementary and alternative health care practices.
Conviction, as used in this subdivision, includes a conviction of an offense which, if
committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor,
without regard to its designation elsewhere, or a criminal proceeding where a finding or
verdict of guilty is made or returned but the adjudication of guilt is either withheld or not
entered.

(c) Conviction of any crime against a person. For purposes of this chapter, a crime against
a person means violations of the following: sections 609.185; 609.19; 609.195; 609.20;
609.205; 609.2112; 609.2113; 609.2114; 609.215; 609.221; 609.222; 609.223; 609.224;
609.2242; 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 609.245;
609.247; 609.25; 609.255; 609.26, subdivision 1, clause (1) or (2); 609.265; 609.342;
609.343; 609.344; 609.345; 609.365; 609.498, subdivision 1 new text begin or 1b new text end ; 609.50, subdivision 1,
clause (1); 609.561; 609.562; 609.595; and 609.72, subdivision 3; and Minnesota Statutes
2012, section 609.21.

(d) Failure to comply with the self-reporting requirements of section 146A.03, subdivision
7.

(e) Engaging in sexual contact with a complementary and alternative health care client,
engaging in contact that may be reasonably interpreted by a client as sexual, engaging in
any verbal behavior that is seductive or sexually demeaning to the client, or engaging in
sexual exploitation of a client or former client.

(f) Advertising that is false, fraudulent, deceptive, or misleading.

(g) Conduct likely to deceive, defraud, or harm the public or demonstrating a willful or
careless disregard for the health, welfare, or safety of a complementary and alternative
health care client; or any other practice that may create danger to any client's life, health,
or safety, in any of which cases, proof of actual injury need not be established.

(h) Adjudication as mentally incompetent or as a person who is dangerous to self or
adjudication pursuant to chapter 253B as chemically dependent, mentally ill, developmentally
disabled, mentally ill and dangerous to the public, or as a sexual psychopathic personality
or sexually dangerous person.

(i) Inability to engage in complementary and alternative health care practices with
reasonable safety to complementary and alternative health care clients.

(j) The habitual overindulgence in the use of or the dependence on intoxicating liquors.

(k) Improper or unauthorized personal or other use of any legend drugs as defined in
chapter 151, any chemicals as defined in chapter 151, or any controlled substance as defined
in chapter 152.

(l) Revealing a communication from, or relating to, a complementary and alternative
health care client except when otherwise required or permitted by law.

(m) Failure to comply with a complementary and alternative health care client's request
made under sections 144.291 to 144.298 or to furnish a complementary and alternative
health care client record or report required by law.

(n) Splitting fees or promising to pay a portion of a fee to any other professional other
than for services rendered by the other professional to the complementary and alternative
health care client.

(o) Engaging in abusive or fraudulent billing practices, including violations of the federal
Medicare and Medicaid laws or state medical assistance laws.

(p) Failure to make reports as required by section 146A.03 or cooperate with an
investigation of the office.

(q) Obtaining money, property, or services from a complementary and alternative health
care client, other than reasonable fees for services provided to the client, through the use
of undue influence, harassment, duress, deception, or fraud.

(r) Failure to provide a complementary and alternative health care client with a copy of
the client bill of rights or violation of any provision of the client bill of rights.

(s) Violating any order issued by the commissioner.

(t) Failure to comply with any provision of sections 146A.01 to 146A.11 and the rules
adopted under those sections.

(u) Failure to comply with any additional disciplinary grounds established by the
commissioner by rule.

(v) Revocation, suspension, restriction, limitation, or other disciplinary action against
any health care license, certificate, registration, or right to practice of the unlicensed
complementary and alternative health care practitioner in this or another state or jurisdiction
for offenses that would be subject to disciplinary action in this state or failure to report to
the office that charges regarding the practitioner's license, certificate, registration, or right
of practice have been brought in this or another state or jurisdiction.

(w) Use of the title "doctor," "Dr.," or "physician" alone or in combination with any
other words, letters, or insignia to describe the complementary and alternative health care
practices the practitioner provides.

(x) Failure to provide a complementary and alternative health care client with a
recommendation that the client see a health care provider who is licensed or registered by
a health-related licensing board or the commissioner of health, if there is a reasonable
likelihood that the client needs to be seen by a licensed or registered health care provider.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to violations
that occur on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 214.10, subdivision 10, is amended
to read:

Subd. 10.

Board of Peace Officers Standards and Training; receipt of
complaint.

Notwithstanding the provisions of subdivision 1 to the contrary, when the
executive director or any member of the Board of Peace Officer Standards and Training
produces or receives a written statement or complaint that alleges a violation of a statute or
rule that the board is empowered to enforce, the executive director deleted text begin shall designate the
appropriate law enforcement agency to investigate the complaint and deleted text end may order deleted text begin it deleted text end new text begin an
appropriate law enforcement agency new text end to conduct an inquiry into the complaint's allegations.
new text begin If directed to complete an investigation, new text end the investigating agency must complete the inquiry
and submit a written summary of it to the executive director within 30 days of the order for
inquiry.

Sec. 3.

new text begin [219.995] RAILROAD PEACE OFFICERS.
new text end

new text begin Subdivision 1. new text end

new text begin Chief law enforcement officer. new text end

new text begin A railroad that intends to employ railroad
peace officers as defined in section 626.84, subdivision 1, paragraph (h), shall appoint a
chief law enforcement officer to oversee and take responsibility for all railroad peace officers
employed by the railroad. The chief law enforcement officer of a railroad company must
be a Minnesota-licensed peace officer. Before appointing a railroad chief law enforcement
officer, the railroad must submit a request for license for a license-eligible applicant, or a
notice of appointment for an officer already licensed in Minnesota, to the Board of Peace
Officer Standards and Training attesting that the appointee has met all education, training,
and minimum selection standards in Minnesota Rules, chapter 6700. The appointee may
not exercise peace officer powers until the request for license or notification form is received
and approved by the board.
new text end

new text begin Subd. 2. new text end

new text begin Railroad; employment of peace officers. new text end

new text begin After appointing a railroad chief
law enforcement officer, a railroad may employ railroad peace officers to aid and supplement
law enforcement agencies in the protection of property owned by or in the care, custody,
or control of a railroad and to protect the persons and property of railroad passengers and
employees.
new text end

new text begin Subd. 3. new text end

new text begin Responsibilities of railroad company. new text end

new text begin A railroad company that employs
railroad peace officers must cooperate with the Board of Peace Officer Standards and
Training with respect to the board's authority to oversee peace officer licensing. Upon
request by the board, a railroad company that employs railroad peace officers must share
or produce any public, private, or confidential data that the board has the authority to request
from other state and local law enforcement agencies. Failure by the railroad company to
comply with the board's exercise of its regulatory and oversight authority may result in
implementation of sanctions as described in subdivision 7.
new text end

new text begin Subd. 4. new text end

new text begin Duties of railroad chief law enforcement officer. new text end

new text begin A railroad chief law
enforcement officer has the same duties and responsibilities as the chief law enforcement
officer of any state or local law enforcement agency, including but not limited to appointing
and supervising peace officers, ensuring ongoing continuing education of peace officers,
maintaining agency and peace officer records, reporting misconduct and policy compliance,
and any other duty or responsibility described in chapter 626 or Minnesota Rules, chapter
6700.
new text end

new text begin Subd. 5. new text end

new text begin Authority; limitation. new text end

new text begin (a) Except as otherwise provided by this section, a
railroad peace officer has all powers and privileges of a licensed peace officer in this state
in connection with the prevention, investigation, arrest, or prosecution of an offense occurring
on railroad property and involving injury to passengers or employees of a railroad or
involving an offense against property owned by or in the care, custody, or control of a
railroad. A railroad peace officer's law enforcement powers shall apply only on railroad
property, except that an officer may exercise the authority given to peace officers under
section 629.40, subdivisions 2 and 4. If a search warrant is obtained by a railroad peace
officer, the officer shall notify the chief of police of an organized full-time police department
of the municipality or, if there is no local chief of police, the sheriff or a deputy sheriff of
the county in which service of the warrant is to be made, prior to execution.
new text end

new text begin (b) A railroad must not direct, require, or allow a railroad peace officer to enforce a
railroad's rules, policies, or procedures that are unrelated to the commission of a criminal
offense, or investigate any matter involving civil litigation by or against a railroad. A railroad
company that employs railroad peace officers must adopt or update any applicable policy
to be consistent with this paragraph and must provide a copy of the policy to the
representatives of any labor organization that represents employees of the railroad, including
but not limited to any labor organization subject to the Federal Railway Labor Act.
Notwithstanding any law to the contrary, a railroad peace officer who makes a representation
of being a peace officer and performs or attempts to perform any of those acts is subject to
discipline as if the peace officer violated the standards of conduct set forth in Minnesota
Rules, chapter 6700.
new text end

new text begin Subd. 6. new text end

new text begin Licensing. new text end

new text begin The Board of Peace Officer Standards and Training shall license
railroad peace officers appointed by the railroad's chief law enforcement officer under
subdivision 1 who meet the board's standards for peace officer licensure under chapter 626
and Minnesota Rules, chapter 6700. Except as otherwise provided in this section, railroad
peace officers are subject to all of the provisions applicable to peace officers under chapter
626 and Minnesota Rules, chapter 6700.
new text end

new text begin Subd. 7. new text end

new text begin Immediate suspension of authority. new text end

new text begin At the sole discretion of the Board of
Peace Officer Standards and Training, the board may immediately suspend or revoke the
license of the chief law enforcement officer of a railroad company for any reason within
the board's jurisdiction. If the board suspends or revokes the license of the chief law
enforcement officer, the railroad's law enforcement agency shall be deemed disbanded and
the licenses of all peace officers on the railroad agency roster will be placed in inactive
status. The requirement to place a peace officer's license in inactive status does not apply
to a railroad peace officer who also works as a licensed peace officer for a different law
enforcement agency in Minnesota, but such an officer must no longer be designated a railroad
peace officer. Except as noted in this section, the licenses of railroad peace officers are
subject to the requirements, restrictions, and disciplinary procedures that apply to any other
licensed peace officer.
new text end

new text begin Subd. 8. new text end

new text begin Compensation; benefits; fees. new text end

new text begin (a) A railroad peace officer shall be compensated
by the railroad by which the officer is employed.
new text end

new text begin (b) A railroad peace officer is not entitled to receive any compensation, benefits, or other
remuneration provided or required to be provided to other licensed peace officers by this
state or any political subdivision or agency of this state.
new text end

new text begin (c) A railroad peace officer may attend any training course offered to peace officers of
this state, provided that railroad peace officers pay reasonable tuition and costs.
new text end

new text begin Subd. 9. new text end

new text begin Railroad liability. new text end

new text begin A railroad company employing a railroad peace officer in
this state is liable for all acts, errors, and omissions of a railroad peace officer occurring in
the course and scope of the peace officer's employment by the railroad and shall indemnify
its peace officers for civil damages, penalties, or fines claimed or levied against the officer
according to section 181.970. Neither this state nor any political subdivision or agency of
the state is liable for any act, error, or omission of a railroad peace officer.
new text end

new text begin Subd. 10. new text end

new text begin Construction. new text end

new text begin Nothing in this section shall be construed to limit or in any
way restrict the rights, powers, or privileges granted to a peace officer in this state who is
not a railroad peace officer.
new text end

Sec. 4.

Minnesota Statutes 2022, section 243.167, subdivision 1, is amended to read:

Subdivision 1.

Definition.

As used in this section, "crime against the person" means a
violation of any of the following or a similar law of another state or of the United States:
section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223;
609.2231; 609.224, subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.2247; 609.235;
609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 1 new text begin
or 1b new text end ; 609.582, subdivision 1; or 617.23, subdivision 2; or any felony-level violation of
section 609.229; 609.377; 609.749; or 624.713.

Sec. 5.

Minnesota Statutes 2023 Supplement, section 299C.10, subdivision 1, is amended
to read:

Subdivision 1.

Required fingerprinting.

(a) Sheriffs, peace officers, and community
corrections agencies operating secure juvenile detention facilities shall take or cause to be
taken immediately fingerprints and thumbprints, photographs, distinctive physical mark
identification data, information on any known aliases or street names, and other identification
data requested or required by the superintendent of the bureau, of the following:

(1) persons arrested for, appearing in court on a charge of, or convicted of a felony, gross
misdemeanor, or targeted misdemeanor;

(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent for,
or alleged to have committed felonies or gross misdemeanors as distinguished from those
committed by adult offenders;

(3) adults and juveniles admitted to jails or detention facilities;

(4) persons reasonably believed by the arresting officer to be fugitives from justice;

(5) persons in whose possession, when arrested, are found concealed firearms or other
dangerous weapons, burglar tools or outfits, high-power explosives, or articles, machines,
or appliances usable for an unlawful purpose and reasonably believed by the arresting officer
to be intended for such purposes;

(6) juveniles referred by a law enforcement agency to a diversion program for a felony
or gross misdemeanor offense; and

(7) persons currently involved in the criminal justice process, on probation, on parole,
or in custody for any offense whom the superintendent of the bureau identifies as being the
subject of a court disposition record which cannot be linked to an arrest record, and whose
fingerprints are necessary to reduce the number of suspense files, or to comply with the
mandates of section 299C.111, relating to the reduction of the number of suspense files.
This duty to obtain fingerprints for the offenses in suspense at the request of the bureau
shall include the requirement that fingerprints be taken in post-arrest interviews, while
making court appearances, while in custody, or while on any form of probation, diversion,
or supervised release.

(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
of taking the fingerprints and data, the fingerprint records and other identification data
specified under paragraph (a) must be electronically entered into a bureau-managed
searchable database in a manner as may be prescribed by the superintendent.

(c) Prosecutors, courts, and probation officers and their agents, employees, and
subordinates shall attempt to ensure that the required identification data is taken on a person
described in paragraph (a). Law enforcement may take fingerprints of an individual who is
presently on probation.

(d) Fingerprints and thumbprints must be obtained no later than:

(1) release from booking; or

(2) if not booked prior to acceptance of a plea of guilty or not guilty.

Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
and thumb prints have not been successfully received by the bureau, an individual may,
upon order of the court, be taken into custody for no more than eight hours so that the taking
of prints can be completed. Upon notice and motion of the prosecuting attorney, this time
period may be extended upon a showing that additional time in custody is essential for the
successful taking of prints.

(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation of
section 169A.20 (driving while impaired), 518B.01 (order for protection violation), 609.224
(fifth-degree assault), 609.2242 (domestic assault), 609.746 (interference with privacy),
609.748 (harassment or restraining order violation), deleted text begin 609.749 deleted text end new text begin 609.79 new text end (obscene or harassing
telephone calls), 617.23 (indecent exposure), or 629.75 (domestic abuse no contact order).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2022, section 326.338, subdivision 4, is amended to read:

Subd. 4.

Protective agent.

A person who for a fee, reward, or other valuable consideration
undertakes any of the following acts is considered to be engaged in the business of protective
agent:

(1) providing guards, private patrol, or other security personnel to protect persons or
their property or to prevent the theft, unlawful taking of goods, merchandise, or money, or
to prevent the misappropriation or concealment of goods, merchandise, money, or other
valuable things, or to procure the return of those things;

(2) physically responding to any alarm signal device, burglar alarm, television camera,
still camera, or a mechanical or electronic device installed or used to prevent or detect
burglary, theft, shoplifting, pilferage, losses, or other security measures;

(3) providing armored car services for the protection of persons or property;

(4) controlling motor traffic on public streets, roads, and highways for the purpose of
escorting a funeral procession and oversized loads; deleted text begin or
deleted text end

(5) providing management and control of crowds for the purpose of safety and protection deleted text begin . deleted text end new text begin ;
or
new text end

new text begin (6) providing guards or other security personnel to transport prisoners or any other person
arrested on a warrant, except that this does not apply to the transport or escort of offenders
by staff of the Department of Corrections; the transport of a person by the sheriff of a county
to the appropriate adult or juvenile correctional facility as designated by the commissioner
of corrections or to and from court in connection with postconviction, habeas corpus, or
intrastate mandatory disposition of detainers proceedings; the transfer of a person by
emergency medical services personnel; or the transfer of a person by a peace officer as
defined in section 626.84, subdivision 1, paragraph (c).
new text end

A person covered by this subdivision may perform the traffic-control duties in clause
(4) in place of a police officer when a special permit is required, provided that the protective
agent is first-aid qualified.

Sec. 7.

Minnesota Statutes 2023 Supplement, section 326.3387, subdivision 1, is amended
to read:

Subdivision 1.

Basis for action.

new text begin (a) new text end The board may revoke or suspend or refuse to issue
or reissue a private detective or protective agent license if:

(1) the license holder violates a provision of sections 326.32 to 326.339 or a rule adopted
under those sections;

(2) the license holder has engaged in fraud, deceit, or misrepresentation while in the
business of private detective or protective agent;

(3) the license holder has made a false statement in an application submitted to the board
or in a document required to be submitted to the board;

(4) the license holder violates an order of the board; or

(5) the individual or entity previously operated without a license.

new text begin (b) The board must revoke or suspend or refuse to issue or reissue a protective agent
license if the license holder provides guards or other security personnel to transport prisoners
or any other person arrested on a warrant and the board determines that the license holder
or any employee or agent of the license holder committed an act in any place that, if
committed in Minnesota, would constitute criminal sexual conduct against a person being
transported or committed an act in any place that involved the unreasonable use of force on
a person being transported.
new text end

Sec. 8.

Minnesota Statutes 2022, section 326.3388, is amended to read:

326.3388 ADMINISTRATIVE PENALTIES.

The board shall, by rule, establish a graduated schedule of administrative penalties for
violations of sections 326.32 to 326.339 or the board's rules. The schedule must include
minimum and maximum penalties for each violation and be based on and reflect the
culpability, frequency, and severity of the violator's actions. new text begin The minimum penalty for an
act described in section 326.3387, subdivision 1, paragraph (b), must be $10,000 for each
act. new text end The board may impose a penalty from the schedule on a license holder for a violation
of sections 326.32 to 326.339 or the rules of the board. The penalty is in addition to any
criminal penalty imposed for the same violation. Administrative penalties imposed by the
board must be paid to the general fund.

Sec. 9.

Minnesota Statutes 2023 Supplement, section 609.1095, subdivision 1, is amended
to read:

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given.

(b) "Conviction" means any of the following accepted and recorded by the court: a plea
of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes
a conviction by any court in Minnesota or another jurisdiction.

(c) "Prior conviction" means a conviction that occurred before the offender committed
the next felony resulting in a conviction and before the offense for which the offender is
being sentenced under this section.

(d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of
the following laws of this state or any similar laws of the United States or any other state:
sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113;
609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.247; 609.25;
609.255; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268;
609.322; 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1 new text begin or 1b new text end ; 609.561;
609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 609.687; and 609.855, subdivision
5; any provision of sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is
punishable by a felony penalty; or any provision of chapter 152 that is punishable by a
maximum sentence of 15 years or more; or Minnesota Statutes 2012, section 609.21.

Sec. 10.

Minnesota Statutes 2023 Supplement, section 609.522, subdivision 1, is amended
to read:

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given.

(b) "Pattern of retail theft" means acts committed or directed by the defendant on at least
two separate occasions in the preceding six months that would constitute a violation of:

(1) section 609.52, subdivision 2, paragraph (a), deleted text begin clauses deleted text end new text begin clause new text end (1), (3), deleted text begin and deleted text end new text begin or new text end (4),
involving retail merchandise;

(2) section 609.521;

(3) section 609.53, subdivision 1, involving retail merchandise;

(4) section 609.582 when the building was a retail establishment; or

(5) section 609.59.

(c) "Retail establishment" means the building where a retailer sells retail merchandise.

(d) "Retail merchandise" means all forms of tangible property, without limitation, held
out for sale by a retailer.

(e) "Retail theft enterprise" means a group of two or more individuals with a shared goal
involving the unauthorized removal of retail merchandise from a retailer. Retail theft
enterprise does not require the membership of the enterprise to remain the same or that the
same individuals participate in each offense committed by the enterprise.

(f) "Retailer" means a person or entity that sells retail merchandise.

(g) "Value" means the retail market value at the time of the theft or, if the retail market
value cannot be ascertained, the cost of replacement of the property within a reasonable
time after the theft.

Sec. 11.

Minnesota Statutes 2023 Supplement, section 609.522, subdivision 2, is amended
to read:

Subd. 2.

Organized retail theft.

A person is guilty of organized retail theft if:

(1) the person is employed by or associated with a retail theft enterprise;

(2) the person has previously engaged in a pattern of retail theft and intentionally commits
an act or directs another member of the retail theft enterprise to commit an act involving
retail merchandise that would constitute a violation of:

(i) section 609.52, subdivision 2, paragraph (a), deleted text begin clauses deleted text end new text begin clause new text end (1), (3), deleted text begin and deleted text end new text begin or new text end (4); or

(ii) section 609.53, subdivision 1; and

(3) the person or another member of the retail theft enterprise:

(i) resells or intends to resell the stolen retail merchandise;

(ii) advertises or displays any item of the stolen retail merchandise for sale; or

(iii) returns any item of the stolen retail merchandise to a retailer for anything of value.

Sec. 12.

new text begin [609.84] SALE OF CALCIFIED HUMAN REMAINS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Human remains" means the calcified portion of a dead human body, not including
isolated teeth; the cremated remains of a dead human body deposited in a container or
discrete feature; or the hydrolyzed remains of a dead human body deposited in a container
or discrete feature.
new text end

new text begin (c) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,
paragraph (f).
new text end

new text begin (d) "Local organization for emergency management" has the meaning given in section
12.03, subdivision 6.
new text end

new text begin (e) "Search and rescue unit" means an organization, team, or individual authorized by
the state or federal government, a Tribal government, or by a county, city, town, or a
metropolitan airports commission organized and existing under sections 473.601 to 473.679
whose mission is to locate lost, missing, or trapped persons, victims of natural or other
disasters, and human bodies.
new text end

new text begin Subd. 2. new text end

new text begin Sale of calcified human remains prohibited; donation and
reimbursement. new text end

new text begin (a) Except as provided in paragraph (b), a person is prohibited from selling
calcified human remains or offering calcified human remains for sale.
new text end

new text begin (b) Paragraph (a) shall not be construed to limit the donation of human remains:
new text end

new text begin (1) to a licensed health care provider, an individual employed by or under contract with
a licensed health care provider, a public or private postsecondary educational institution,
or an individual employed by or under contract with a public or private postsecondary
educational institution, for legitimate medical or scientific purposes or for educational
purposes;
new text end

new text begin (2) to a company registered with the United States Food and Drug Administration or an
individual, company, or entity employed by or under contract with a company registered
with the United States Food and Drug Administration for legitimate medical or scientific
purposes, including but not limited to the development, manufacturing, and research of
medical products; or
new text end

new text begin (3) to a law enforcement agency, search and rescue unit, or local organization for
emergency management to conduct search and rescue training or to train dogs to locate
dead human bodies.
new text end

new text begin (c) Paragraph (a) does not apply to the sale or offer for sale of human remains that is
incidental to the sale of real property, including undisturbed burial plots, cemeteries, crypts,
or other burial features.
new text end

new text begin (d) Nothing in this section shall be construed to prohibit a person from recovering
reasonable expenses for the processing, preservation, quality control, storage, transportation,
or final disposition of human remains for the legitimate purposes as described in this section.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin A person who violates this section is guilty of a felony.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to crimes committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2022, section 626.05, subdivision 2, is amended to read:

Subd. 2.

Peace officer.

The term "peace officer," as used in sections 626.04 to 626.17,
means a person who is licensed as a peace officer in accordance with section 626.84,
subdivision 1, and who serves as a sheriff, deputy sheriff, police officer, conservation officer,
agent of the Bureau of Criminal Apprehension, agent of the Division of Alcohol and
Gambling Enforcement, peace officer of the Commerce Fraud Bureau, University of
Minnesota peace officer, Metropolitan Transit police officer, Minnesota Department of
Corrections Fugitive Apprehension Unit member, deleted text begin or deleted text end State Patrol trooper as authorized by
section 299D.03 new text begin , or railroad peace officer as authorized by section 219.995 and United
States Code, title 49, section 28101 new text end .

Sec. 14.

Minnesota Statutes 2022, section 626.84, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of sections 626.84 to 626.863, the following
terms have the meanings given them:

(a) "Board" means the Board of Peace Officer Standards and Training.

(b) "Director" means the executive director of the board.

(c) "Peace officer" means:

(1) an employee or an elected or appointed official of a political subdivision or law
enforcement agency who is licensed by the board, charged with the prevention and detection
of crime and the enforcement of the general criminal laws of the state and who has the full
power of arrest, and shall also include the Minnesota State Patrol, agents of the Division of
Alcohol and Gambling Enforcement, state conservation officers, Metropolitan Transit police
officers, Department of Corrections Fugitive Apprehension Unit officers, deleted text begin and deleted text end Department
of Commerce Fraud Bureau Unit officers, deleted text begin and deleted text end the statewide coordinator of the Violent
Crime Coordinating Council new text begin , and railroad peace officers as authorized by section 219.995
and United States Code, title 49, section 28101 new text end ; and

(2) a peace officer who is employed by a law enforcement agency of a federally
recognized tribe, as defined in United States Code, title 25, section 450b(e), and who is
licensed by the board.

(d) "Part-time peace officer" means an individual licensed by the board whose services
are utilized by law enforcement agencies no more than an average of 20 hours per week,
not including time spent on call when no call to active duty is received, calculated on an
annual basis, who has either full powers of arrest or authorization to carry a firearm while
on active duty. The term shall apply even though the individual receives no compensation
for time spent on active duty, and shall apply irrespective of the title conferred upon the
individual by any law enforcement agency.

(e) "Reserve officer" means an individual whose services are utilized by a law
enforcement agency to provide supplementary assistance at special events, traffic or crowd
control, and administrative or clerical assistance, and shall include reserve deputies, special
deputies, mounted or unmounted patrols, and all other employees or volunteers performing
reserve officer functions. A reserve officer's duties do not include enforcement of the general
criminal laws of the state, and the officer does not have full powers of arrest or authorization
to carry a firearm on duty.

(f) "Law enforcement agency" means:

(1) a unit of state or local government that is authorized by law to grant full powers of
arrest and to charge a person with the duties of preventing and detecting crime and enforcing
the general criminal laws of the state; deleted text begin and
deleted text end

(2) subject to the limitations in section 626.93, a law enforcement agency of a federally
recognized tribe, as defined in United States Code, title 25, section 450b(e) deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) subject to the limitation of section 219.995, a railroad company.
new text end

(g) "Professional peace officer education" means a postsecondary degree program, or a
nondegree program for persons who already have a college degree, that is offered by a
college or university in Minnesota, designed for persons seeking licensure as a peace officer,
and approved by the board.

new text begin (h) "Railroad peace officer" means an individual as authorized under United States Code,
title 49, section 28101:
new text end

new text begin (1) employed by a railroad for the purpose of aiding and supplementing law enforcement
agencies in the protection of property owned by or in the care, custody, or control of a
railroad and to protect the persons and property of railroad passengers and employees; and
new text end

new text begin (2) licensed by the board.
new text end

Sec. 15.

Minnesota Statutes 2022, section 626.8435, subdivision 1, is amended to read:

Subdivision 1.

Establishment and membership.

The deleted text begin Ensuring Police Excellence and
Improving Community Relations deleted text end new text begin Public Safety new text end Advisory Council is established under the
Peace Officer Standards and Training Board. The council consists of the following 15
members:

(1) the superintendent of the Bureau of Criminal Apprehension, or a designee;

(2) the executive director of the Peace Officer Standards and Training Board, or a
designee;

(3) the executive director of the Minnesota Police and Peace Officers Association, or a
designee;

(4) the executive director of the Minnesota Sheriffs' Association, or a designee;

(5) the executive director of the Minnesota Chiefs of Police Association, or a designee;

(6) six community members, of which:

(i) four members shall represent the community-specific boards established under sections
15.0145 and 3.922, reflecting one appointment made by each board;

(ii) one member shall be a mental health advocate and shall be appointed by the Minnesota
chapter of the National Alliance on Mental Illness; and

(iii) one member shall be an advocate for victims and shall be appointed by Violence
Free Minnesota; and

(7) four members appointed by the legislature, of which one shall be appointed by the
speaker of the house, one by the house minority leader, one by the senate majority leader,
and one by the senate minority leader.

The appointing authorities shall make their appointments by September 15, 2020, and
shall ensure geographical balance when making appointments.

Sec. 16.

new text begin [626.8437] TRAINING IN EXCITED DELIRIUM AND SIMILAR TERMS
PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this chapter, "excited delirium" means a
description of a person's state of agitation, excitability, paranoia, extreme aggression, physical
violence, and apparent immunity to pain that is not listed in the most current version of the
Diagnostic and Statistical Manual of Mental Disorders, or for which there is insufficient
scientific evidence or diagnostic criteria to be recognized as a medical condition. Excited
delirium includes excited delirium syndrome, hyperactive delirium, agitated delirium,
exhaustive mania, and similar terms.
new text end

new text begin Subd. 2. new text end

new text begin No continuing education credits or tuition reimbursement. new text end

new text begin (a) The board
may not certify a continuing education course that includes training on the detection or use
of the term excited delirium.
new text end

new text begin (b) The board may not grant continuing education credit to a peace officer for a course
that includes training on the detection or use of the term excited delirium.
new text end

new text begin (c) The board may not reimburse a law enforcement agency or a peace officer for a
course that includes training on the detection or use of the term excited delirium.
new text end

new text begin Subd. 3. new text end

new text begin Training prohibited. new text end

new text begin A law enforcement agency may not provide, directly or
through a third party, to a peace officer any course that includes training on the detection
or use of excited delirium. This section does not prohibit peace officer training in responding
to and the proper care of a person in crisis.
new text end

Sec. 17.

Minnesota Statutes 2022, section 626.8457, subdivision 3, is amended to read:

Subd. 3.

Report on alleged misconduct; database; report.

(a) A chief law enforcement
officer shall report annually to the board summary data regarding the investigation and
disposition of cases involving alleged misconduct, indicating the total number of
investigations, the total number by each subject matter, the number dismissed as unfounded,
and the number dismissed on grounds that the allegation was unsubstantiated.

(b) Beginning July 1, 2021, a chief law enforcement officer, in real time, must submit
individual peace officer data classified as public data on individuals, as defined by section
13.02, subdivision 15, or private data on individuals, as defined by section 13.02, subdivision
12, and submitted using encrypted data that the board determines is necessary to:

(1) evaluate the effectiveness of statutorily required training;

(2) assist the deleted text begin Ensuring Police Excellence and Improving Community Relations deleted text end new text begin Public
Safety new text end Advisory Council in accomplishing the council's duties; and

(3) allow for the board, the deleted text begin Ensuring Police Excellence and Improving Community
Relations deleted text end new text begin Public Safety new text end Advisory Council, and the board's complaint investigation committee
to identify patterns of behavior that suggest an officer is in crisis or is likely to violate a
board-mandated model policy.

(c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer
must update data within 30 days of final disposition of a complaint or investigation.

(d) Law enforcement agencies and political subdivisions are prohibited from entering
into a confidentiality agreement that would prevent disclosure of the data identified in
paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements
of this section.

(e) By February 1 of each year, the board shall prepare a report that contains summary
data provided under paragraph (b). The board must post the report on its publicly accessible
website and provide a copy to the chairs and ranking minority members of the senate and
house of representatives committees and divisions having jurisdiction over criminal justice
policy.

Sec. 18. new text begin GRAND PORTAGE BAND OF LAKE SUPERIOR CHIPPEWA TRIBE;
COAST GUARD SERVICES; GRANT PURPOSES EXPANSION.
new text end

new text begin In addition to the uses specified in Laws 2023, chapter 52, article 2, section 3, subdivision
3, paragraph (d), the Grand Portage Band of Lake Superior Chippewa may use the grant
awarded for equipment, personnel, patrolling, and other related costs of providing coast
guard services off the north shore of Lake Superior.
new text end

ARTICLE 4

PREDATORY OFFENDERS

Section 1.

Minnesota Statutes 2022, section 243.166, subdivision 1a, is amended to read:

Subd. 1a.

Definitions.

(a) As used in this section, unless the context clearly indicates
otherwise, the following terms have the meanings given them.

(b) "Bureau" means the Bureau of Criminal Apprehension.

new text begin (c) "Conservator" has the meaning given in chapter 524.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end "Corrections agent" means a county or state probation agent or other corrections
employee. The term also includes United States Probation and Pretrial Services System
employees who work with a person subject to this section.

deleted text begin (d) deleted text end new text begin (e) new text end "Dwelling" means the building where the person lives under a formal or informal
agreement to do so. However, dwelling does not include a supervised publicly or privately
operated shelter or facility designed to provide temporary living accommodations for
homeless individuals as defined in section 116L.361, subdivision 5.

new text begin (f) "Guardian" has the meaning given in chapter 524.
new text end

deleted text begin (e) deleted text end new text begin (g) new text end "Incarceration" and "confinement" do not include electronic home monitoring.

deleted text begin (f) deleted text end new text begin (h) new text end "Law enforcement authority" or "authority" means the chief of police of a home
rule charter or statutory city and the county sheriff of an unincorporated area in that county.
An authority must be located in Minnesota.

deleted text begin (g) deleted text end new text begin (i) new text end "Motor vehicle" has the meaning given in section 169.011, subdivision 92.

new text begin (j) "Power of attorney" has the meaning given in chapter 523.
new text end

deleted text begin (h) deleted text end new text begin (k) new text end "Primary address" means the mailing address of the person's dwelling. If the
mailing address is different from the actual location of the dwelling, primary address also
includes the physical location of the dwelling described with as much specificity as possible.

deleted text begin (i) deleted text end new text begin (l) new text end "School" includes any public or private educational institution, including any
secondary school, trade, or professional institution, or institution of higher education, that
the person is enrolled in on a full-time or part-time basis.

deleted text begin (j) deleted text end new text begin (m) new text end "Secondary address" means the mailing address of any place where the person
regularly or occasionally stays overnight when not staying at the person's primary address.
If the mailing address is different from the actual location of the place, secondary address
also includes the physical location of the place described with as much specificity as possible.
However, the location of a supervised publicly or privately operated shelter or facility
designated to provide temporary living accommodations for homeless individuals as defined
in section 116L.361, subdivision 5, does not constitute a secondary address.

deleted text begin (k) deleted text end new text begin (n) new text end "Treatment facility" means a residential facility, as defined in section 244.052,
subdivision 1, and residential substance use disorder treatment programs and halfway houses
licensed under chapter 245A, including, but not limited to, those facilities directly or
indirectly assisted by any department or agency of the United States.

deleted text begin (l) deleted text end new text begin (o) new text end "Work" includes employment that is full time or part time for a period of time
exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar
year, whether financially compensated, volunteered, or for the purpose of government or
educational benefit.

Sec. 2.

Minnesota Statutes 2023 Supplement, section 243.166, subdivision 1b, is amended
to read:

Subd. 1b.

Registration required.

(a) A person shall register under this section if:

(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:

(i) murder under section 609.185, paragraph (a), clause (2);

(ii) kidnapping under section 609.25;

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3, paragraph (b); or 609.3453;

(iv) indecent exposure under section 617.23, subdivision 3; or

(v) surreptitious intrusion under the circumstances described in section 609.746,
subdivision 1, paragraph (h);

(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances:

(i) criminal abuse in violation of new text begin Minnesota Statutes 2020, new text end section 609.2325, subdivision
1, paragraph (b);

deleted text begin (ii) false imprisonment in violation of section 609.255, subdivision 2;
deleted text end

deleted text begin (iii) deleted text end new text begin (ii) new text end solicitation, inducement, or promotion of the prostitution of a minor or engaging
in the sex trafficking of a minor in violation of section 609.322;

deleted text begin (iv) deleted text end new text begin (iii) new text end a prostitution offense in violation of section 609.324, subdivision 1, paragraph
(a);

deleted text begin (v) deleted text end new text begin (iv) new text end soliciting a minor to engage in sexual conduct in violation of section 609.352,
subdivision 2 or 2a, clause (1);

deleted text begin (vi) deleted text end new text begin (v) new text end using a minor in a sexual performance in violation of section 617.246; or

deleted text begin (vii) deleted text end new text begin (vi) new text end possessing new text begin or disseminating a new text end pornographic work involving a minor in violation
of section 617.247;

(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; or

(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to an offense or involving similar circumstances to an offense described in clause (1), (2),
or (3), and convicted of or adjudicated delinquent for that offense or another offense arising
out of the same set of circumstances.

(b) A person also shall register under this section if:

(1) the person was charged with or petitioned for an offense in another state similar to
an offense or involving similar circumstances to an offense described in paragraph (a),
clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another
offense arising out of the same set of circumstances;

(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer or for an aggregate period of time exceeding 30 days during
any calendar year; and

(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state in which the person has been convicted or adjudicated,
or is subject to lifetime registration.

If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period
regardless of when the person was released from confinement, convicted, or adjudicated
delinquent.

(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.

(d) A person also shall register under this section if:

(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned for a violation of any of the
offenses listed in paragraph (a), clause (2), or a similar law of another state or the United
States;

(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and

(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, and applies to:
new text end

new text begin (1) convictions and delinquency adjudications for a violation of Minnesota Statutes,
section 609.255, subdivision 2, or another offense arising out of the same set of circumstances
that occur on or after that date and to convictions and delinquency adjudications for such
an offense that are not yet final on that date; and
new text end

new text begin (2) convictions and delinquency adjudications for disseminating a pornographic work
involving a minor in violation of Minnesota Statutes, section 617.247, or another offense
arising out of the same set of circumstances that occur on or after that date and to convictions
and delinquency adjudications for such an offense that occurred before that date if the court
told the person of the duty to register.
new text end

Sec. 3.

Minnesota Statutes 2022, section 243.166, subdivision 3, is amended to read:

Subd. 3.

Registration procedure.

(a) Except as provided in subdivision 3a, a person
required to register under this section shall register with the corrections agent as soon as
the agent is assigned to the person. If the person does not have an assigned corrections agent
or is unable to locate the assigned corrections agent, the person shall register with the law
enforcement authority that has jurisdiction in the area of the person's primary address.

(b) Except as provided in subdivision 3a, at least five days before the person starts living
at a new primary address, including living in another state, the person shall give written
notice of the new primary address to the assigned corrections agent or to the law enforcement
authority with which the person currently is registered. If the person will be living in a new
state and that state has a registration requirement, the person shall also give written notice
of the new address to the designated registration agency in the new state. A person required
to register under this section shall also give written notice to the assigned corrections agent
or to the law enforcement authority that has jurisdiction in the area of the person's primary
address that the person is no longer living or staying at an address, immediately after the
person is no longer living or staying at that address. The written notice required by this
paragraph must be provided in person. The corrections agent or law enforcement authority
shall, within two business days after receipt of this information, forward it to the bureau.
The bureau shall, if it has not already been done, notify the law enforcement authority having
primary jurisdiction in the community where the person will live of the new address. If the
person is leaving the state, the bureau shall notify the registration authority in the new state
of the new address. The person's registration requirements under this section are suspended
after the person begins living in the new state and the bureau has confirmed the address in
the other state through the annual verification process on at least one occasion. new text begin The bureau
may also attempt to confirm the person's address in the other state by the following methods:
new text end

new text begin (1) receipt of a verification letter from the law enforcement authority having primary
jurisdiction in the community where the person is now living, acknowledging the person's
address;
new text end

new text begin (2) receipt of a written communication or verification letter from a criminal justice
agency confirming the person's location;
new text end

new text begin (3) confirmation of the individual's compliance with registration requirements or
incarceration status in the new state via an online registry or website, if applicable; or
new text end

new text begin (4) confirmation of the individual's motor vehicle records under United States Code,
title 18, section 2721, in the new state via the new state's documentation.
new text end

new text begin The bureau is the sole determinant as to whether the information provided by any of the
methods in clauses (1) to (3) is sufficient for verification purposes and may use more than
one of these methods to satisfy the verification requirement. For purposes of this subdivision,
"criminal justice agency" means an agency of a state, a political subdivision, a federally
recognized Tribe, a United States territory, or the federal government charged with detection,
enforcement, prosecution, adjudication, or incarceration with respect to federal or state
criminal laws. new text end The person's registration requirements under this section are reactivated if
the person resumes living in Minnesota and the registration time period described in
subdivision 6 has not expired.

(c) A person required to register under subdivision 1b, paragraph (b), because the person
is working or attending school in Minnesota shall register with the law enforcement authority
that has jurisdiction in the area where the person works or attends school. In addition to
other information required by this section, the person shall provide the address of the school
or of the location where the person is employed. A person shall comply with this paragraph
within five days of beginning employment or school. A person's obligation to register under
this paragraph terminates when the person is no longer working or attending school in
Minnesota.

(d) A person required to register under this section who works or attends school outside
of Minnesota shall register as a predatory offender in the state where the person works or
attends school. The person's corrections agent, or if the person does not have an assigned
corrections agent, the law enforcement authority that has jurisdiction in the area of the
person's primary address shall notify the person of this requirement.

Sec. 4.

Minnesota Statutes 2022, section 243.166, is amended by adding a subdivision to
read:

new text begin Subd. 4d. new text end

new text begin Guardians, conservators, and power of attorney. new text end

new text begin Guardians and conservators
of persons required to register shall have the authority to complete all verification and
registration paperwork under this section and section 243.167 on the person's behalf. A
validly executed power of attorney under chapter 523 grants the attorney in fact the authority
to complete all verification and registration paperwork under this section and section 243.167
on behalf of a person required to register.
new text end

Sec. 5.

Minnesota Statutes 2022, section 243.166, subdivision 6, is amended to read:

Subd. 6.

Registration period.

(a) Notwithstanding the provisions of section 609.165,
subdivision 1, and except as provided in paragraphs (b), (c), and (d), a person required to
register under this section shall continue to comply with this section until ten years have
elapsed since the person initially registered in connection with the offense, or until the
probation, supervised release, or conditional release period expires, whichever occurs later.
For a person required to register under this section who is committed under section 253B.18,
Minnesota Statutes 2012, section 253B.185, or chapter 253D, the ten-year registration period
does not include the period of commitment.

(b) If a person required to register under this section fails to provide the person's primary
address as required by subdivision 3, paragraph (b), fails to comply with the requirements
of subdivision 3a, fails to provide information as required by subdivision 4a, or fails to
return the verification form referenced in subdivision 4 within ten days, the commissioner
of public safety shall require the person to continue to register for an additional period of
five years. This five-year period is added to the end of the offender's registration period.

(c) If a person required to register under this section is incarcerated due to a conviction
for a new offense new text begin that requires registration under this section or section 243.167 new text end or following
a revocation of probation, supervised release, or conditional release for deleted text begin any deleted text end new text begin an new text end offense new text begin that
requires registration under this section or section 243.167 new text end , the person shall continue to
register until ten years have elapsed since the person was last released from incarceration
or until the person's probation, supervised release, or conditional release period expires,
whichever occurs later.

(d) A person shall continue to comply with this section for the life of that person:

(1) if the person is convicted of or adjudicated delinquent for any offense for which
registration is required under subdivision 1b, or any offense from another state or any federal
offense similar to the offenses described in subdivision 1b, and the person has a prior
conviction or adjudication for an offense for which registration was or would have been
required under subdivision 1b, or an offense from another state or a federal offense similar
to an offense described in subdivision 1b;

(2) if the person is required to register based upon a conviction or delinquency
adjudication for an offense under section 609.185, paragraph (a), clause (2), or a similar
statute from another state or the United States;

(3) if the person is required to register based upon a conviction for an offense under
section 609.342, subdivision 1, clause (a) to (c) or (e), or subdivision 1a, clause (a) to (e)
or (h); 609.343, subdivision 1, clause (a) to (c) or (e), or subdivision 1a, clause (a) to (e) or
(h); 609.344, subdivision 1, clause (a) or (c), or subdivision 1a, clause (a), (c), (g), or (h);
or 609.345, subdivision 1, clause (a) or (c), or subdivision 1a, clause (a), (c), (g), or (h); or
a statute from another state or the United States similar to the offenses described in this
clause; or

(4) if the person is required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under Minnesota Statutes 2012, section
253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of
another state or the United States.

(e) A person described in subdivision 1b, paragraph (b), who is required to register under
the laws of a state in which the person has been previously convicted or adjudicated
delinquent, shall register under this section for the time period required by the state of
conviction or adjudication unless a longer time period is required elsewhere in this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, and applies to convictions
and revocations of probation, supervised release, or conditional release that occur on or
after that date and to convictions that are not yet final on that date.
new text end

Sec. 6.

Minnesota Statutes 2022, section 244.052, subdivision 4, is amended to read:

Subd. 4.

Law enforcement agency; disclosure of information to public.

(a) The law
enforcement agency in the area where the predatory offender resides, expects to reside, is
employed, or is regularly found, shall disclose to the public any information regarding the
offender contained in the report forwarded to the agency under subdivision 3, paragraph
(f), that is relevant and necessary to protect the public and to counteract the offender's
dangerousness, consistent with the guidelines in paragraph (b). The extent of the information
disclosed and the community to whom disclosure is made must relate to the level of danger
posed by the offender, to the offender's pattern of offending behavior, and to the need of
community members for information to enhance their individual and collective safety.

(b) The law enforcement agency shall employ the following guidelines in determining
the scope of disclosure made under this subdivision:

(1) if the offender is assigned to risk level I, the agency may maintain information
regarding the offender within the agency and may disclose it to other law enforcement
agencies. Additionally, the agency may disclose the information to any victims of or
witnesses to the offense committed by the offender. The agency shall disclose the information
to victims of the offense committed by the offender who have requested disclosure and to
adult members of the offender's immediate household;

(2) if the offender is assigned to risk level II, the agency also may disclose the information
to agencies and groups that the offender is likely to encounter for the purpose of securing
those institutions and protecting individuals in their care while they are on or near the
premises of the institution. These agencies and groups include the staff members of public
and private educational institutions, day care establishments, and establishments and
organizations that primarily serve individuals likely to be victimized by the offender. The
agency also may disclose the information to individuals the agency believes are likely to
be victimized by the offender. The agency's belief shall be based on the offender's pattern
of offending or victim preference as documented in the information provided by the
department of corrections or human services new text begin . The agency may disclose the information to
property assessors, property inspectors, code enforcement officials, and child protection
officials who are likely to visit the offender's home in the course of their duties new text end ;

(3) if the offender is assigned to risk level III, the agency shall disclose the information
to the persons and entities described in clauses (1) and (2) and to other members of the
community whom the offender is likely to encounter, unless the law enforcement agency
determines that public safety would be compromised by the disclosure or that a more limited
disclosure is necessary to protect the identity of the victim.

Notwithstanding the assignment of a predatory offender to risk level II or III, a law
enforcement agency may not make the disclosures permitted or required by clause (2) or
(3), if: the offender is placed or resides in a residential facility. However, if an offender is
placed or resides in a residential facility, the offender and the head of the facility shall
designate the offender's likely residence upon release from the facility and the head of the
facility shall notify the commissioner of corrections or the commissioner of human services
of the offender's likely residence at least 14 days before the offender's scheduled release
date. The commissioner shall give this information to the law enforcement agency having
jurisdiction over the offender's likely residence. The head of the residential facility also
shall notify the commissioner of corrections or human services within 48 hours after
finalizing the offender's approved relocation plan to a permanent residence. Within five
days after receiving this notification, the appropriate commissioner shall give to the
appropriate law enforcement agency all relevant information the commissioner has
concerning the offender, including information on the risk factors in the offender's history
and the risk level to which the offender was assigned. After receiving this information, the
law enforcement agency shall make the disclosures permitted or required by clause (2) or
(3), as appropriate.

(c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:

(1) the organizations or community members are in a location or in close proximity to
a location where the offender lives or is employed, or which the offender visits or is likely
to visit on a regular basis, other than the location of the offender's outpatient treatment
program; and

(2) the types of interaction which ordinarily occur at that location and other circumstances
indicate that contact with the offender is reasonably certain.

(d) A law enforcement agency or official who discloses information under this subdivision
shall make a good faith effort to make the notification within 14 days of receipt of a
confirmed address from the Department of Corrections indicating that the offender will be,
or has been, released from confinement, or accepted for supervision, or has moved to a new
address and will reside at the address indicated. If a change occurs in the release plan, this
notification provision does not require an extension of the release date.

(e) A law enforcement agency or official who discloses information under this subdivision
shall not disclose the identity or any identifying characteristics of the victims of or witnesses
to the offender's offenses.

(f) A law enforcement agency shall continue to disclose information on an offender as
required by this subdivision for as long as the offender is required to register under section
243.166. This requirement on a law enforcement agency to continue to disclose information
also applies to an offender who lacks a primary address and is registering under section
243.166, subdivision 3a.

(g) A law enforcement agency that is disclosing information on an offender assigned to
risk level III to the public under this subdivision shall inform the commissioner of corrections
what information is being disclosed and forward this information to the commissioner within
two days of the agency's determination. The commissioner shall post this information on
the Internet as required in subdivision 4b.

(h) A city council may adopt a policy that addresses when information disclosed under
this subdivision must be presented in languages in addition to English. The policy may
address when information must be presented orally, in writing, or both in additional languages
by the law enforcement agency disclosing the information. The policy may provide for
different approaches based on the prevalence of non-English languages in different
neighborhoods.

(i) An offender who is the subject of a community notification meeting held pursuant
to this section may not attend the meeting.

(j) When a school, day care facility, or other entity or program that primarily educates
or serves children receives notice under paragraph (b), clause (3), that a level III predatory
offender resides or works in the surrounding community, notice to parents must be made
as provided in this paragraph. If the predatory offender identified in the notice is participating
in programs offered by the facility that require or allow the person to interact with children
other than the person's children, the principal or head of the entity must notify parents with
children at the facility of the contents of the notice received pursuant to this section. The
immunity provisions of subdivision 7 apply to persons disclosing information under this
paragraph.

(k) When an offender for whom notification was made under this subdivision no longer
resides, is employed, or is regularly found in the area, and the law enforcement agency that
made the notification is aware of this, the agency shall inform the entities and individuals
initially notified of the change in the offender's status. If notification was made under
paragraph (b), clause (3), the agency shall provide the updated information required under
this paragraph in a manner designed to ensure a similar scope of dissemination. However,
the agency is not required to hold a public meeting to do so.

Sec. 7.

Minnesota Statutes 2022, section 244.052, subdivision 4a, is amended to read:

Subd. 4a.

Level III offenders; location of residence.

(a) When an offender assigned
to risk level III is released from confinement or a residential facility to reside in the
community or changes residence while on supervised or conditional release, the agency
responsible for the offender's supervision shall new text begin :
new text end

new text begin (1) new text end take into consideration the proximity of the offender's residence to that of other level
III offenders deleted text begin and deleted text end new text begin if the proximity presents a risk of reoffending;
new text end

new text begin (2) take into consideration the new text end proximity deleted text begin to deleted text end new text begin of the offender's residence to the following
locations if the locations present a risk of reoffending:
new text end

new text begin (i) new text end schools new text begin ;
new text end

new text begin (ii) new text end new text begin child care facilities or family or group family day care programs;
new text end

new text begin (iii) licensed residences for vulnerable adults;
new text end

new text begin (iv) attractions within public parks that are regularly used by minors, including but not
limited to playgrounds or athletic fields; and
new text end

new text begin (v) community centers and recreation centers that are regularly used in youth athletic
activities or offer regularly scheduled indoor playtimes or access to gymnasiums and other
facilities that are restricted to minors; new text end and deleted text begin ,
deleted text end

new text begin (3) new text end to the greatest extent feasible, deleted text begin shall deleted text end mitigate the concentration of level III offenders
and concentration of level III offenders near deleted text begin schools deleted text end new text begin the locations listed in clause (2) when
the concentration presents a risk of reoffending new text end .

(b) If the owner or property manager of a hotel, motel, lodging establishment, or
apartment building has an agreement with an agency that arranges or provides shelter for
victims of domestic abuse, the owner or property manager may not knowingly rent rooms
to both level III offenders and victims of domestic abuse at the same time. If the owner or
property manager has an agreement with an agency to provide housing to domestic abuse
victims and discovers or is informed that a tenant is a level III offender after signing a lease
or otherwise renting to the offender, the owner or property manager may evict the offender.

Sec. 8.

Minnesota Statutes 2022, section 260B.198, subdivision 7, is amended to read:

Subd. 7.

Continuance.

(a) When it is in the best interests of the child to do so and not
inimical to public safety and when the child has admitted the allegations contained in the
petition before the judge or referee, or when a hearing has been held as provided for in
section 260B.163 and the allegations contained in the petition have been duly proven but,
in either case, before a finding of delinquency has been entered, the court may continue the
case for a period not to exceed 180 days on any one order. new text begin Except as otherwise provided in
paragraph (c), new text end the continuance may be extended for one additional successive period not to
exceed 180 days, but only with the consent of the prosecutor and only after the court has
reviewed the case and entered its order for the additional continuance without a finding of
delinquency. During a continuance the court may enter an order in accordance with the
provisions of subdivision 1, except clause (4), or enter an order to hold the child in detention
for a period not to exceed 15 days on any one order for the purpose of completing any
consideration, or any investigation or examination ordered in accordance with the provisions
of section 260B.157.

(b) A prosecutor may appeal a continuance ordered in contravention of this subdivision.
This subdivision does not extend the court's jurisdiction under section 260B.193 and does
not apply to an extended jurisdiction juvenile proceeding.

new text begin (c) A continuance granted under paragraph (a) for a violation of section 609.342; 609.343;
609.344; 609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23 or another offense
arising out of a delinquency petition based on one or more of those sections that would
require the child to register as a predatory offender under section 243.166 may be extended
for additional successive periods not to exceed a total of 24 months so the offender can
receive sex offender treatment, but only with the consent of the prosecutor and only after
the court has reviewed the case and entered its order for the additional continuance without
a finding of delinquency.
new text end

ARTICLE 5

CORRECTIONS POLICY

Section 1.

Minnesota Statutes 2022, section 13.84, subdivision 6, is amended to read:

Subd. 6.

Public benefit data.

(a) The responsible authority or its designee of a parole
or probation authority or correctional agency may release private or confidential court
services data related to:

(1) criminal acts to any law enforcement agency, if necessary for law enforcement
purposes; and

(2) criminal acts or delinquent acts to the victims of criminal or delinquent acts to the
extent that the data are necessary for the victim to assert the victim's legal right to restitution.

(b) A parole or probation authority, a correctional agency, or agencies that provide
correctional services under contract to a correctional agency may release to a law enforcement
agency the following data on defendants, parolees, or probationers: current address, dates
of entrance to and departure from agency programs, and dates and times of any absences,
both authorized and unauthorized, from a correctional program.

(c) The responsible authority or its designee of a juvenile correctional agency may release
private or confidential court services data to a victim of a delinquent act to the extent the
data are necessary to enable the victim to assert the victim's right to request notice of release
under section 611A.06. The data that may be released include only the name, home address,
and placement site of a juvenile who has been placed in a juvenile correctional facility as
a result of a delinquent act.

(d) deleted text begin Upon the victim's written or electronic request and, if the victim and offender have
been household or family members as defined in section 518B.01, subdivision 2, paragraph
(b), deleted text end The commissioner of corrections or the commissioner's designee may disclose to the
victim of an offender deleted text begin convicted of a qualified domestic violence-related offense as defined
in section 609.02, subdivision 16, deleted text end notification of the city and five-digit zip code of the
offender's residency upon or after release from a Department of Corrections facility, unless deleted text begin :
deleted text end

deleted text begin (1) the offender is not under correctional supervision at the time of the victim's request;
deleted text end

deleted text begin (2) the commissioner or the commissioner's designee does not have the city or zip code;
or
deleted text end

deleted text begin (3) deleted text end the commissioner or the commissioner's designee reasonably believes that disclosure
of the city or zip code of the offender's residency creates a risk to the victim, offender, or
public safety.

deleted text begin (e) Paragraph (d) applies only where the offender is serving a prison term for a qualified
domestic violence-related offense committed against the victim seeking notification.
deleted text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 241.021, subdivision 1, is amended
to read:

Subdivision 1.

Correctional facilities; inspection; licensing.

(a) Except as provided
in paragraph (b), the commissioner of corrections shall inspect and license all correctional
facilities throughout the state, whether public or private, established and operated for the
detention and confinement of persons confined or incarcerated therein according to law
except to the extent that they are inspected or licensed by other state regulating agencies.
The commissioner shall promulgate pursuant to chapter 14, rules establishing minimum
standards for these facilities with respect to their management, operation, physical condition,
and the security, safety, health, treatment, and discipline of persons confined or incarcerated
therein. These minimum standards shall include but are not limited to specific guidance
pertaining to:

(1) screening, appraisal, assessment, and treatment for persons confined or incarcerated
in correctional facilities with mental illness or substance use disorders;

(2) a policy on the involuntary administration of medications;

(3) suicide prevention plans and training;

(4) verification of medications in a timely manner;

(5) well-being checks;

(6) discharge planning, including providing prescribed medications to persons confined
or incarcerated in correctional facilities upon release;

(7) a policy on referrals or transfers to medical or mental health care in a noncorrectional
institution;

(8) use of segregation and mental health checks;

(9) critical incident debriefings;

(10) clinical management of substance use disorders and opioid overdose emergency
procedures;

(11) a policy regarding identification of persons with special needs confined or
incarcerated in correctional facilities;

(12) a policy regarding the use of telehealth;

(13) self-auditing of compliance with minimum standards;

(14) information sharing with medical personnel and when medical assessment must be
facilitated;

(15) a code of conduct policy for facility staff and annual training;

(16) a policy on death review of all circumstances surrounding the death of an individual
committed to the custody of the facility; and

(17) dissemination of a rights statement made available to persons confined or
incarcerated in licensed correctional facilities.

No individual, corporation, partnership, voluntary association, or other private
organization legally responsible for the operation of a correctional facility may operate the
facility unless it possesses a current license from the commissioner of corrections. Private
adult correctional facilities shall have the authority of section 624.714, subdivision 13, if
the Department of Corrections licenses the facility with the authority and the facility meets
requirements of section 243.52.

The commissioner shall review the correctional facilities described in this subdivision
at least once every two years, except as otherwise provided, to determine compliance with
the minimum standards established according to this subdivision or other Minnesota statute
related to minimum standards and conditions of confinement.

The commissioner shall grant a license to any facility found to conform to minimum
standards or to any facility which, in the commissioner's judgment, is making satisfactory
progress toward substantial conformity and the standards not being met do not impact the
interests and well-being of the persons confined or incarcerated in the facility. A limited
license under subdivision 1a may be issued for purposes of effectuating a facility closure.
The commissioner may grant licensure up to two years. Unless otherwise specified by
statute, all licenses issued under this chapter expire at 12:01 a.m. on the day after the
expiration date stated on the license.

The commissioner shall have access to the buildings, grounds, books, records, staff, and
to persons confined or incarcerated in these facilities. The commissioner may require the
officers in charge of these facilities to furnish all information and statistics the commissioner
deems necessary, at a time and place designated by the commissioner. new text begin Notwithstanding
chapter 13 or any other state law classifying or restricting access to data, the officers in
charge of these facilities must furnish all data available to the facility that the commissioner
deems necessary to conduct a review of any emergency or unusual occurrence at the facility.
Failure to provide or grant access to relevant information or statistics necessary to fulfill
inspection or emergency or unusual occurrence reviews, as requested by the commissioner,
may be grounds for the commissioner to take action against a correctional facility's license
under subdivision 1a, 1b, or 1c.
new text end

All facility administrators of correctional facilities are required to report all deaths of
individuals who died while committed to the custody of the facility, regardless of whether
the death occurred at the facility or after removal from the facility for medical care stemming
from an incident or need for medical care at the correctional facility, as soon as practicable,
but no later than 24 hours of receiving knowledge of the death, including any demographic
information as required by the commissioner.

All facility administrators of correctional facilities are required to report all other
emergency or unusual occurrences as defined by rule, including uses of force by facility
staff that result in substantial bodily harm or suicide attempts, to the commissioner of
corrections within ten days from the occurrence, including any demographic information
as required by the commissioner. The commissioner of corrections shall consult with the
Minnesota Sheriffs' Association and a representative from the Minnesota Association of
Community Corrections Act Counties who is responsible for the operations of an adult
correctional facility to define "use of force" that results in substantial bodily harm for
reporting purposes.

The commissioner may require that any or all such information be provided through the
Department of Corrections detention information system. The commissioner shall post each
inspection report publicly and on the department's website within 30 days of completing
the inspection. The education program offered in a correctional facility for the confinement
or incarceration of juvenile offenders must be approved by the commissioner of education
before the commissioner of corrections may grant a license to the facility.

(b) For juvenile facilities licensed by the commissioner of human services, the
commissioner may inspect and certify programs based on certification standards set forth
in Minnesota Rules. For the purpose of this paragraph, "certification" has the meaning given
it in section 245A.02.

(c) Any state agency which regulates, inspects, or licenses certain aspects of correctional
facilities shall, insofar as is possible, ensure that the minimum standards it requires are
substantially the same as those required by other state agencies which regulate, inspect, or
license the same aspects of similar types of correctional facilities, although at different
correctional facilities.

(d) Nothing in this section shall be construed to limit the commissioner of corrections'
authority to promulgate rules establishing standards of eligibility for counties to receive
funds under chapter 401, or to require counties to comply with operating standards the
commissioner establishes as a condition precedent for counties to receive that funding.

(e) The department's inspection unit must report directly to a division head outside of
the correctional institutions division.

Sec. 3.

Minnesota Statutes 2022, section 241.021, subdivision 1h, is amended to read:

Subd. 1h.

State correctional facilities security audit group.

(a) Beginning in fiscal
year 2022, the commissioner shall form a state correctional facilities security audit group.
The group must consist of the following members:

(1) a Department new text begin of Corrections new text end employee who is not assigned to the correctional
institutions division, appointed by the commissioner;

(2) the ombudsperson for corrections new text begin or a designee new text end ;

(3) an elected sheriff or designee nominated by the Minnesota Sheriffs' Association and
appointed by the commissioner;

deleted text begin (4) a physical plant safety consultant, appointed by the governor;
deleted text end

deleted text begin (5) a private security consultant with expertise in correctional facility security, appointed
by the governor;
deleted text end

new text begin (4) an individual with expertise in security related to infrastructure and operational
logistics of correctional facilities who is not required to reside in Minnesota, appointed by
the governor;
new text end

new text begin (5) the commissioner of health or a designee;
new text end

new text begin (6) the commissioner of administration or a designee;
new text end

deleted text begin (6) deleted text end new text begin (7) new text end two senators, one appointed by the senate majority leader and one appointed by
the minority leader; and

deleted text begin (7) deleted text end new text begin (8) new text end two representatives, one appointed by the speaker of the house and one appointed
by the minority leader of the house of representatives.

(b) deleted text begin By January 1, 2022, deleted text end new text begin The ombudsperson or a designee shall chair the group. new text end The
group shall establish security audit standards for state correctional facilities. In developing
the standards, the group, or individual members of the group, may gather information from
state correctional facilities and state correctional staff and inmates. The security audit group
must periodically review the standards and modify them as needed. The group must report
the standards to the chairs and ranking minority members of the house of representatives
and senate committees with jurisdiction over public safety policy and finance deleted text begin by February
15, 2022 deleted text end new text begin whenever the standards are updated new text end .

(c) The group shall new text begin meet twice a year to new text end review facility audit reports submitted to the
group by the agency's inspection unit. Notwithstanding any law to the contrary, the group
is entitled to review the full audit reports including nonpublic security information and
corrections and detention confidential data. Within 60 days of deleted text begin receiving an deleted text end new text begin meeting to review new text end
audit deleted text begin report deleted text end new text begin reports new text end from the department's inspection unit, the group must make
recommendations to the commissioner. Within 45 days of receiving the group's
recommendations, the commissioner must reply in writing to the group's findings and
recommendations. The commissioner's response must explain whether the agency will
implement the group's recommendations, the timeline for implementation of the changes,
and, if not, why the commissioner will not or cannot implement the group's recommendations.

(d) Beginning in 2023, the commissioner must include a written aggregate of the group's
recommendations based on each security audit and assessment of a state correctional facility
and the commissioner's responses to the recommendations in the biennial report required
under section 241.016, subdivision 1. The commissioner shall not include corrections and
detention confidential data, as defined in section 13.85, subdivision 3, and nonpublic security
information, as defined in section 13.37, subdivision 1, in the commissioner's report to the
legislature.

(e) The commissioner shall provide staffing and administrative support to the group.

new text begin (f) The state correctional facilities security audit group is not subject to chapter 13D.
new text end

new text begin (g) Except as otherwise provided in this paragraph, the terms, compensation, and removal
of members of the group are governed by section 15.059. Members of the group serve
without compensation but shall receive expense reimbursement. Notwithstanding section
15.059, subdivision 6, the group does not expire.
new text end

Sec. 4.

Minnesota Statutes 2022, section 241.021, subdivision 4b, is amended to read:

Subd. 4b.

Health care peer review committee.

The commissioner of corrections shall
establish a health care peer review committee. Sections 145.61 to 145.67 apply to the
committee. The committee shall gather, review, and evaluate information relating to the
on-site and off-site quality of care and treatment of offenders. The committee shall consist
of:

deleted text begin (1) the director of health services;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end the department medical director;

deleted text begin (3) deleted text end new text begin (2) new text end the regional medical director of the contracted health care vendor;

deleted text begin (4) deleted text end new text begin (3) new text end the department director of nursing new text begin or a designee new text end ;

deleted text begin (5) deleted text end new text begin (4) new text end a physician from the contracting hospital provider; deleted text begin and
deleted text end

deleted text begin (6) deleted text end new text begin (5) new text end another physician who provides health care to offenders on site at a correctional
facility deleted text begin . deleted text end new text begin ;
new text end

new text begin (6) one or more licensed physicians or nurse practitioners from the community, in person
or by telephone, with expertise in the most appropriate clinical area;
new text end

new text begin (7) the director of psychiatry of the contracted vendor;
new text end

new text begin (8) the pharmacist liaison of the contracted vendor's pharmacy vendor;
new text end

new text begin (9) the clinical pharmacist of the contracted vendor;
new text end

new text begin (10) in cases of suicide or unanticipated death, a representative from the Office of Special
Investigations; and
new text end

new text begin (11) other ad hoc members as indicated at the discretion of the Department of Corrections
medical director or chief medical officer.
new text end

Sec. 5.

Minnesota Statutes 2022, section 241.75, subdivision 2, is amended to read:

Subd. 2.

Health care decisions.

The medical director of the Department of Corrections new text begin ,
or the medical director's designee, who must be a physician licensed under chapter 147, new text end
may make a health care decision for an inmate incarcerated in a state correctional facility
or placed in an outside facility on conditional medical release if the inmate's attending
physician determines that the inmate lacks decision-making capacity and:

(1) there is not a documented health care agent designated by the inmate or the health
care agent is not reasonably available to make the health care decision;

(2) if there is a documented health care directive, the decision is consistent with that
directive;

(3) the decision is consistent with reasonable medical practice and other applicable law;
and

(4) the medical director has made a good faith attempt to consult with the inmate's next
of kin or emergency contact person in making the decision, to the extent those persons are
reasonably available.

Sec. 6.

Minnesota Statutes 2022, section 243.52, subdivision 2, is amended to read:

Subd. 2.

Use of force.

(a) Use of force must not be applied maliciously or sadistically
for the purpose of causing harm to a confined or incarcerated person.

(b) Unless the use of deadly force is justified in this section, a correctional officer working
in an adult correctional facility either under the control of the commissioner of corrections
or licensed by the commissioner under section 241.021 may not use any of the following
restraints:

(1) a choke hold;

(2) a prone restraint;

(3) tying all of a person's limbs together behind the person's back to render the person
immobile; or

(4) securing a person in any way that results in transporting the person face down in a
vehicle, except as directed by a medical professional.

(c) For the purposes of this subdivision, the following terms have the meanings given
them:

(1) "choke hold" means a method by which a person applies sufficient pressure to a
person to make breathing difficult or impossible, and includes but is not limited to any
pressure to the neck, throat, or windpipe that may prevent or hinder breathing or reduce
intake of air. Choke hold also means applying pressure to a person's neck on either side of
the windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the
carotid arteries;

(2) "prone restraint" means the use of manual restraint that places a person in a face-down
position; and

(3) "deadly force" has the meaning given in section 609.066, subdivision 1.

(d) Use of deadly force is justified only if an objectively reasonable correctional officer
would believe, based on the totality of the circumstances known to the officer at the time
and without the benefit of hindsight, that deadly force is necessary:

(1) to protect the correctional officer or another from death or great bodily harm, provided
that the threat:

(i) can be articulated with specificity deleted text begin by the correctional officer deleted text end ;

(ii) is reasonably likely to occur absent action by the correctional officer; and

(iii) must be addressed through the use of deadly force without unreasonable delay; or

(2) to effect the capture or prevent the escape of a person when the officer reasonably
believes that the person will cause death or great bodily harm to another person under the
threat criteria in clause (1), unless immediately apprehended.

Sec. 7.

Minnesota Statutes 2023 Supplement, section 244.05, subdivision 5, is amended
to read:

Subd. 5.

Supervised release, life and indeterminate sentences.

(a) The board may,
under rules adopted by the commissioner, grant supervised release or parole as follows:

(1) to an inmate serving a mandatory life sentence after the inmate has served the
minimum term of imprisonment specified in subdivision 4 or section 243.05, subdivision
1, paragraph (a);

(2) at any time for an inmate serving a nonlife indeterminate sentence for a crime
committed on or before April 30, 1980; or

(3) to an inmate eligible for early supervised release under subdivision 4a after the inmate
has served the minimum term of imprisonment.

(b) For cases involving multiple sentences, the board must grant or deny supervised
release as follows:

(1) if an inmate is serving multiple sentences that are concurrent to one another, the
board must grant or deny supervised release on all unexpired sentences; and

(2) notwithstanding any other law to the contrary, if an inmate who was under the age
of 18 at the time of the commission of the relevant offenses and has served the minimum
term of imprisonment specified in subdivision 4b is serving multiple sentences that are
consecutive to one another, the board may grant or deny supervised release on one or more
sentences.

(c) No less than three years before an inmate has served the applicable minimum term
of imprisonment, the board must assess the inmate's status and make programming
recommendations relevant to the inmate's release review. The commissioner must ensure
that any board programming recommendations are followed and implemented.

(d) The board must conduct a supervised release review hearing as soon as practicable
before an inmate has served the applicable minimum term of imprisonment.

(e) The board shall require the preparation of a community investigation report. The
report shall:

(1) reflect the sentiment of the various elements of the community toward the inmate,
both at the time of the offense and at the present time;

(2) include the views of the sentencing judge, the prosecutor, any law enforcement
personnel who may have been involved in the case, and any successors to these individuals
who may have information relevant to the supervised release decision; and

(3) include the views of the victim and the victim's family unless the victim or the victim's
family chooses not to participate.

(f) The board shall require the preparation of a development report when making a
supervised release decision regarding an inmate who was under 18 years of age at the time
of the commission of the offense. The report must be prepared by a mental health professional
qualified to provide services to a client under section 245I.04, subdivision 2, clause (1) to
(4) or (6), and must address the inmate's cognitive, emotional, and social maturity. The
board may use a previous report that was prepared within 12 months immediately preceding
the hearing.

(g) The board shall make reasonable efforts to notify the victim, in advance, of the time
and place of the inmate's release review hearing. The victim has a right to submit an oral
or written statement at the review hearing. new text begin Notwithstanding chapter 13D, the board may
meet in closed session to receive and review a victim's statement, at the request of the victim.
new text end The statement may summarize the harm suffered by the victim as a result of the crime and
give the victim's recommendation on whether the inmate should be given supervised release
at this time.

(h) The board shall permit a prosecutor from the office that prosecuted the case to submit
a written statement in advance of the review hearing.

(i) When considering whether to grant supervised release or parole to an inmate serving
a life sentence or indeterminate sentence, the board shall consider, at a minimum, the
following:

(1) the report prepared pursuant to paragraph (e);

(2) the report prepared pursuant to paragraph (f), if applicable;

(3) a victim statement under paragraph (g), if submitted;

(4) the statement of a prosecutor under paragraph (h), if submitted;

(5) the risk the inmate poses to the community if released;

(6) the inmate's progress in treatment, if applicable;

(7) the inmate's behavior while incarcerated;

(8) psychological or other diagnostic evaluations of the inmate;

(9) information on the inmate's rehabilitation while incarcerated;

(10) the inmate's criminal history;

(11) if the inmate was under 18 years of age at the time of the commission of the offense,
relevant science on the neurological development of juveniles and information on the inmate's
maturity and development while incarcerated; and

(12) any other relevant conduct of the inmate while incarcerated or before incarceration.

(j) The board may not grant supervised release or parole to an inmate unless:

(1) while in prison:

(i) the inmate has successfully completed appropriate sex offender treatment, if applicable;

(ii) the inmate has been assessed for substance use disorder needs and, if appropriate,
has successfully completed substance use disorder treatment; and

(iii) the inmate has been assessed for mental health needs and, if appropriate, has
successfully completed mental health treatment; and

(2) a comprehensive individual release plan is in place for the inmate that:

(i) ensures that, after release, the inmate will have suitable housing and receive appropriate
aftercare and community-based treatment; and

(ii) includes a postprison employment or education plan for the inmate.

(k) Supervised release or parole must be granted with a majority vote of the quorum
required under section 244.049, subdivision 3. If there is a tie vote, supervised release or
parole is granted only if the commissioner votes in favor of granting supervised release or
parole.

(l) Within 30 days after a supervised release review hearing, the board must issue a
decision on granting release, including an explanation for the decision. If an inmate is serving
multiple sentences that are concurrent to one another, the board must grant or deny supervised
release on all sentences.

(m) If the board does not grant supervised release, the explanation of that decision must
identify specific steps that the inmate can take to increase the likelihood that release will
be granted at a future hearing.

(n) When granting supervised release under this subdivision, the board must set prerelease
conditions to be followed by the inmate, if time permits, before their actual release or before
constructive parole becomes effective. If the inmate violates any of the prerelease conditions,
the commissioner may rescind the grant of supervised release without a hearing at any time
before the inmate's release or before constructive parole becomes effective. A grant of
constructive parole becomes effective once the inmate begins serving the consecutive
sentence.

(o) If the commissioner rescinds a grant of supervised release or parole, the board:

(1) must set a release review date that occurs within 90 days of the commissioner's
rescission; and

(2) by majority vote, may set a new supervised release date or set another review date.

(p) If the commissioner revokes supervised release or parole for an inmate serving a life
sentence, the revocation is not subject to the limitations under section 244.30 and the board:

(1) must set a release review date that occurs within one year of the commissioner's final
revocation decision; and

(2) by majority vote, may set a new supervised release date or set another review date.

(q) The board may, by a majority vote, grant a person on supervised release or parole
for a life or indeterminate sentence a final discharge from their sentence in accordance with
section 243.05, subdivision 3. In no case, however, may a person subject to a mandatory
lifetime conditional release term under section 609.3455, subdivision 7, be discharged from
that term.

(r) For purposes of this subdivision:

(1) "board" means the deleted text begin Indeterminate Sentence deleted text end new text begin Supervised new text end Release Board under section
244.049;

(2) "constructive parole" means the status of an inmate who has been paroled from an
indeterminate sentence to begin serving a consecutive sentence in prison; and

(3) "victim" has the meaning given in section 611A.01, paragraph (b).

Sec. 8.

Minnesota Statutes 2023 Supplement, section 244.17, subdivision 3, is amended
to read:

Subd. 3.

Offenders not eligible.

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

(1) offenders who are committed to the commissioner's custody following a conviction
for murder, manslaughter, criminal sexual conduct, assault, kidnapping, robbery, carjacking,
arson, or any other offense involving death or intentional personal injury;

(2) offenders who were convicted within the preceding ten years of an offense described
in clause (1) and were committed to the custody of the commissioner;

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

(4) offenders who are committed to the commissioner's custody for an offense that
requires registration under section 243.166;

(5) offenders who are the subject of a current arrest warrant or detainer;

(6) offenders who have fewer than 180 days remaining until their supervised release
date;

(7) offenders who have had disciplinary confinement time added to their sentence or
who have been placed in segregation, unless 90 days have elapsed from the imposition of
the additional disciplinary confinement time or the last day of segregation;

(8) offenders who have received a suspended formal disciplinary sanction, unless the
suspension has expired; new text begin and
new text end

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

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

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

Sec. 9.

Minnesota Statutes 2023 Supplement, section 244.21, subdivision 2, is amended
to read:

Subd. 2.

Commissioner of corrections; report.

By deleted text begin January 15 deleted text end new text begin May 1 new text end each year, the
commissioner must report to the chairs of the legislative committees with jurisdiction over
public safety policy and finance on deleted text begin recommended methods of coordinating the exchange
of deleted text end information collected on individuals on probation under subdivision 1 deleted text begin : deleted text end new text begin .
new text end

deleted text begin (1) between probation service providers; and
deleted text end

deleted text begin (2) between probation service providers and the Department of Corrections.
deleted text end

Sec. 10.

Minnesota Statutes 2023 Supplement, section 401.01, subdivision 2, is amended
to read:

Subd. 2.

Definitions.

(a) For purposes of this chapter, the terms defined in this subdivision
have the meanings given them.

(b) "CCA jurisdiction" means a county or Tribal Nation that participates in the
Community Corrections Act, the subsidy program under this chapter.

(c) "Commissioner" means the commissioner of corrections or a designee.

(d) "Conditional release" means:

(1) parole, supervised release, or conditional release as authorized by section 609.3455,
subdivision 6, 7, or 8; Minnesota Statutes 2004, section 609.108, subdivision 6; or Minnesota
Statutes 2004, section 609.109, subdivision 7;

(2) work release as authorized by sections 241.26, 244.065, and 631.425; and

(3) probation, furlough, and any other authorized temporary release from a correctional
facility.

(e) "Detain" means to take into actual custody, including custody within a local
correctional facility.

(f) "Joint board" means the board under section 471.59.

new text begin (g) "Local advisory board" means:
new text end

new text begin (1) for a CCA jurisdiction, a corrections advisory board as defined in section 401.08;
new text end

new text begin (2) for a non-CCA jurisdiction other than a Tribal Nation, a human services advisory
board as defined in section 402.02, or advisory committee or task force as defined in section
402.03; or
new text end

new text begin (3) for a Tribal Nation that is a non-CCA jurisdiction, a board with membership as
determined by the Tribal Nation.
new text end

deleted text begin (g) deleted text end new text begin (h) new text end "Non-CCA jurisdiction" means a county or Tribal Nation that is not participating
in the Community Corrections Act subsidy program and provides or receives probation
services according to section 244.19.

deleted text begin (h) deleted text end new text begin (i) new text end "Probation officer" means a county or Tribal probation officer under a CCA or
non-CCA jurisdiction appointed with the powers under section 244.19.

deleted text begin (i) deleted text end new text begin (j) new text end "Release" means to release from actual custody.

deleted text begin (j) deleted text end new text begin (k) new text end "Tribal Nation" means a federally recognized Tribal Nation within the boundaries
of the state of Minnesota.

Sec. 11.

Minnesota Statutes 2023 Supplement, section 609.133, subdivision 4, is amended
to read:

Subd. 4.

Petition; contents; fee.

(a) A prosecutor's petition for sentence adjustment
shall be filed in the district court where the individual was convicted and include the
following:

(1) the full name of the individual on whose behalf the petition is being brought and, to
the extent possible, all other legal names or aliases by which the individual has been known
at any time;

(2) the individual's date of birth;

(3) the individual's address;

(4) a brief statement of the reason the prosecutor is seeking a sentence adjustment for
the individual;

(5) the details of the offense for which an adjustment is sought, including:

(i) the date and jurisdiction of the occurrence;

(ii) either the names of any victims or that there were no identifiable victims;

(iii) whether there is a current order for protection, restraining order, or other no contact
order prohibiting the individual from contacting the victims or whether there has ever been
a prior order for protection or restraining order prohibiting the individual from contacting
the victims;

(iv) the court file number; and

(v) the date of conviction;

(6) what steps the individual has taken since the time of the offense toward personal
rehabilitation, including treatment, work, good conduct within correctional facilities, or
other personal history that demonstrates rehabilitation;

(7) the individual's criminal conviction record indicating all convictions for
misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable
convictions in any other state, federal court, or foreign country, whether the convictions
occurred before or after the conviction for which an adjustment is sought;

(8) the individual's criminal charges record indicating all prior and pending criminal
charges against the individual in this state or another jurisdiction, including all criminal
charges that have been continued for dismissal, stayed for adjudication, or were the subject
of pretrial diversion; and

(9) to the extent known, all prior requests by the individual, whether for the present
offense or for any other offenses in this state or any other state or federal court, for pardon,
return of arrest records, or expungement or sealing of a criminal record, whether granted
or not, and all stays of adjudication or imposition of sentence involving the petitioner.

(b) The filing fee for a petition brought under this section shall be waived.

new text begin (c) Notwithstanding chapter 13 or any other statute related to the classification of
government data, a supervising agent or the commissioner of corrections may provide private
or confidential data to a prosecutor for purposes of a petition for sentence adjustment.
new text end

Sec. 12.

Minnesota Statutes 2022, section 611A.06, subdivision 3a, is amended to read:

Subd. 3a.

Offender location.

deleted text begin (a) Upon the victim's written or electronic request and if
the victim and offender have been household or family members as defined in section
518B.01, subdivision 2, paragraph (b), deleted text end The commissioner of corrections or the
commissioner's designee deleted text begin shall deleted text end new text begin may new text end disclose to the victim of an offender deleted text begin convicted of a
qualified domestic violence-related offense as defined in section 609.02, subdivision 16, deleted text end
notification of the city and five-digit zip code of the offender's residency upon release from
a Department of Corrections facility, unless deleted text begin :
deleted text end

deleted text begin (1) the offender is not under correctional supervision at the time of the victim's request;
deleted text end

deleted text begin (2) the commissioner or the commissioner's designee does not have the city or zip code;
or
deleted text end

deleted text begin (3) deleted text end the commissioner or the commissioner's designee reasonably believes that disclosure
of the city or zip code of the offender's residency creates a risk to the victim, offender, or
public safety.

deleted text begin (b) All identifying information regarding the victim including, but not limited to, the
notification provided by the commissioner or the commissioner's designee is classified as
private data on individuals as defined in section 13.02, subdivision 12, and is accessible
only to the victim.
deleted text end

deleted text begin (c) This subdivision applies only where the offender is serving a prison term for a
qualified domestic violence-related offense committed against the victim seeking notification.
deleted text end

Sec. 13.

Minnesota Statutes 2023 Supplement, 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:

(1) 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; new text begin and
new text end

(2) 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 ;
and deleted text end new text begin , or
new text end

deleted text begin (3) deleted text end 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.

APPENDIX

Repealed Minnesota Statutes: H3614-2

299C.105 DNA DATA REQUIRED.

Subd. 3.

Bureau duty.

(a) The bureau shall destroy the biological specimen and return all records to a person who submitted a biological specimen under subdivision 1 but who was found not guilty of a felony. Upon the request of a person who submitted a biological specimen under subdivision 1 but where the charge against the person was later dismissed, the bureau shall destroy the person's biological specimen and return all records to the individual.

(b) If the bureau destroys a biological specimen under paragraph (a), the bureau shall also remove the person's information from the bureau's combined DNA index system and return all related records and all copies or duplicates of them.