HF 4048

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/18/2024 03:52pm

A bill for an act
relating to corrections; modifying data sharing with prosecutor for petition for
sentence adjustment; modifying correctional officer use of deadly force; clarifying
use of electronic filing of detainer; authorizing Department of Corrections to
disclose to victim the city and zip code of offender's residency or relocation after
release from incarceration; discontinuing report to the legislature of disqualifying
medical conditions related to challenge incarceration program; modifying
membership of health care peer review committee; clarifying use of jail inspection
data; providing medical director designee when medical director unavailable;
providing for private victim input to Supervised Release Board; modifying date
of probation report; providing a local advisory board for input into development
of comprehensive community supervision and probation services plans submitted
for state funding; amending Minnesota Statutes 2022, sections 13.84, subdivision
6; 241.021, subdivision 4b; 241.75, subdivision 2; 243.52, subdivision 2; 611A.06,
subdivision 3a; Minnesota Statutes 2023 Supplement, sections 241.021, subdivision
1; 244.05, subdivision 5; 244.17, subdivision 3; 244.21, subdivision 2; 401.01,
subdivision 2; 609.133, subdivision 4; 629.292, subdivision 2.

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

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 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 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 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. 4.

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. 5.

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. 6.

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. 7.

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. 8.

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. 9.

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. 10.

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. 11.

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. 12.

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.