1.1                          A bill for an act
  1.2             relating to criminal justice data; requiring the 
  1.3             bureau of criminal apprehension to collect and 
  1.4             maintain computerized data relating to conditional 
  1.5             release information of convicted offenders, for use by 
  1.6             criminal justice agencies; amending Minnesota Statutes 
  1.7             1996, sections 299C.06; and 299C.09; proposing coding 
  1.8             for new law in Minnesota Statutes, chapter 299C. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 299C.06, is 
  1.11  amended to read: 
  1.12     299C.06 [DIVISION POWERS AND DUTIES; LOCAL OFFICERS TO 
  1.13  COOPERATE.] 
  1.14     It shall be the duty of all sheriffs, chiefs of police, 
  1.15  city marshals, constables, prison wardens, superintendents of 
  1.16  insane hospitals, reformatories and correctional schools, 
  1.17  probation and parole officers, school attendance officers, 
  1.18  coroners, county attorneys, court clerks, the commissioner of 
  1.19  public safety, the commissioner of transportation, and the state 
  1.20  fire marshal to furnish to the division statistics and 
  1.21  information regarding the number of crimes reported and 
  1.22  discovered, arrests made, complaints, informations, and 
  1.23  indictments, filed and the disposition made of same, pleas, 
  1.24  convictions, acquittals, probations granted or 
  1.25  denied, conditional release information, receipts, transfers, 
  1.26  and discharges to and from prisons, reformatories, correctional 
  1.27  schools, and other institutions, paroles granted and revoked, 
  2.1   commutation of sentences and pardons granted and rescinded, and 
  2.2   all other data useful in determining the cause and amount of 
  2.3   crime in this state and to form a basis for the study of crime, 
  2.4   police methods, court procedure, and penal problems. Such 
  2.5   statistics and information shall be furnished upon the request 
  2.6   of the division and upon such forms as may be prescribed and 
  2.7   furnished by it.  The division shall have the power to inspect 
  2.8   and prescribe the form and substance of the records kept by 
  2.9   those officials from which the information is so furnished. 
  2.10     Sec. 2.  Minnesota Statutes 1996, section 299C.09, is 
  2.11  amended to read: 
  2.12     299C.09 [SYSTEM FOR IDENTIFICATION OF CRIMINALS; RECORDS 
  2.13  AND INDEXES.] 
  2.14     The bureau shall install systems for identification of 
  2.15  criminals, including the fingerprint system, the modus operandi 
  2.16  system, the conditional release data system, and such others as 
  2.17  the superintendent deems proper.  The bureau shall keep a 
  2.18  complete record and index of all information received in 
  2.19  convenient form for consultation and comparison.  The bureau 
  2.20  shall obtain from wherever procurable and file for record finger 
  2.21  and thumb prints, measurements, photographs, plates, outline 
  2.22  pictures, descriptions, modus operandi statements, conditional 
  2.23  release information, or such other information as the 
  2.24  superintendent considers necessary, of persons who have been or 
  2.25  shall hereafter be convicted of a felony, gross misdemeanor, or 
  2.26  an attempt to commit a felony or gross misdemeanor, within the 
  2.27  state, or who are known to be habitual criminals.  To the extent 
  2.28  that the superintendent may determine it to be necessary, the 
  2.29  bureau shall obtain like information concerning persons 
  2.30  convicted of a crime under the laws of another state or 
  2.31  government, the central repository of this records system is the 
  2.32  bureau of criminal apprehension in St. Paul. 
  2.33     Sec. 3.  [299C.147] [CONDITIONAL RELEASE DATA SYSTEM.] 
  2.34     Subdivision 1.  [DEFINITION.] As used in this section, 
  2.35  "conditional release" means probation, conditional release, and 
  2.36  supervised release. 
  3.1      Subd. 2.  [ESTABLISHMENT.] The bureau shall administer and 
  3.2   maintain a computerized data system for the purpose of assisting 
  3.3   criminal justice agencies in monitoring and enforcing the 
  3.4   conditions of conditional release imposed on criminal offenders 
  3.5   by a sentencing court or the commissioner of corrections.  The 
  3.6   data in the system are private data as defined in section 13.02, 
  3.7   subdivision 12, but are accessible to criminal justice agencies 
  3.8   as defined in section 13.02, subdivision 3a, and to criminal 
  3.9   justice agencies in other states in the conduct of their 
  3.10  official duties. 
  3.11     Subd. 3.  [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only 
  3.12  criminal justice agencies may submit data to and obtain data 
  3.13  from the conditional release data system. 
  3.14     Subd. 4.  [RULES.] The bureau shall adopt rules to provide 
  3.15  for the orderly collection, entry, retrieval, and deletion of 
  3.16  data contained in the conditional release data system.