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SF 2221 Senate Long Description

E Relating to the organization, operation and financing of state government ARTICLE 1 - APPROPRIATIONS Appropriating money to the supreme court for operations, for legal services to low income clients and family farmers, for the criminal and juvenile justice information system, for a grant writer, for regional adult detention facility construction planning grants, for certain precommitment detention costs, for crime victim services center mediation programs for crime victims and offenders and for law library operations, to the court of appeals, to the district courts for new judge units, for referee conversions and continued funding of the community court in the second and fourth judicial districts, for statewide expansion of video technology in the court system and for infrastructure upgrading, to the board on judicial standards, to the tax court, to the department of public safety for emergency management including bomb disposal reimbursements, for the bureau of criminal apprehension for the statewide criminal and juvenile justice data information system upgrade, for certain laboratory facilities and for DNA testing of predatory offenders, for the state fire marshal, for alcohol and gambling enforcement, for certain law enforcement facility grants and community projects, for reconvening of the fire and law enforcement training facilities statewide master plan task force, for the criminal gang oversight council and strike force, for assistance to volunteer ambulance services to purchase defibrillators, for teenage prostitution intervention and prevention, for CODEFOR responses, for weed and seed, violence reduction and juvenile crime intervention and prevention grants and for the Camp Ripley weekend camp program, to the crime victim services center for the crime victims reparations board and for certain crime victims services including battered women shelters and a residential program for women leaving prostitution and for grants to the Minnesota state colleges and universities board of trustees (MnSCU) to assess violence in Asian-Pacific communities, to the fourth judicial district family violence coordinating council and to the city of St. Paul for support services to the surviving family members of victims of homicide, suicide and accidental death, to the crime victim ombudsman, to the private detective and protective agent services, peace officer standards and training (POST), public defense and automobile theft prevention boards, to the department of corrections for certain correctional facilities, for juvenile services, for intensive community supervision, for probation officer caseload and workload reduction and restorative justice programs grants, for probation officer reimbursements, for the emergency housing initiative, for sentencing to service, sex offender transition, adult female offenders and productive day initiative programs, for certain community corrections agencies, for the juvenile mentoring project and for management services, to the corrections ombudsman, to the sentencing guidelines and uniform laws commissions, to the department of human rights, to the department of administration for completion of design documents and site preparation for the new BCA facility and for maintenance of the former correctional facility at Sauk Centre and to the department of economic security for grants to first class cities for curfew enforcement, truancy prevention and pretrial diversion programs; providing a deficiency appropriation to provide matching funds for federal emergency management assistance funds received for natural disaster assistance payments; requiring the commissioner of public safety to develop a bomb disposal and domestic terrorism response services implementation plan and to administer a program to distribute tire deflators and driving simulators to local or state law enforcement agencies; transferring powers and duties relating to the Asian-American juvenile crime intervention and prevention grant program from the department of human services to the department of public safety; providing for certain corrections staff reductions; requiring certain studies and reports; providing for the continued availability of certain prior appropriations and for certain fund transfers, sunsetting uncodified languageARTICLE 2 - CRIME PREVENTION AND LAW ENFORCEMENT GRANTS Transferring the Asian-American juvenile crime intervention and prevention grant program from the commissioner of human services to the commissioner of public safety and the powers and duties relating to the office of drug policy and violence prevention and the chemical abuse and violence prevention council from the department of children, families and learning to the department of public safety, authorizing the commissioner to use the office for activities relating to crime prevention and enforcement; expanding eligibility for the community oriented policing grant program (COPS); increasing the membership of the criminal and juvenile justice policy group task force and requiring, providing for policy group review of funding requests for criminal justice information systems grants and clarifying certain legislative reporting requirements, requiring the legislative commission on planning and fiscal policy (LCPFP) to report to the legislature by a certain date on the advisability of using county criminal justice aid to encourage the development of the systems; authorizing the commissioner to award grants to local government units to conduct compliance checks for on-sale and off-sale intoxicating liquor license holders; requiring and providing for supreme court grants to judicial districts for regional adult detention facilities construction planning; requiring the executive director of the center for crime victim services to administer a pilot project grant program for nonprofit organizations to provide certain neighborhood based services to crime victims and witnesses; authorizing and providing for Dakota county to establish a community justice zone pilot project including the redesign of juvenile court; requiring the executive director of the center for crime victim services to award a grant to a nonprofit organization to develop and administer a residential program for women leaving prostitution; authorizing the commissioner of administration and the city of Bemidji to enter into a lease purchase agreement for the acquisition of a northern satellite laboratory facility for the bureau of criminal apprehension (BCA); authorizing and providing for the fourth judicial district to establish a domestic fatality review team pilot project; requiring certain reports to the legislature; specifying certain renumbering and cross reference change instructions to the revisor of statutes ARTICLE 3 - GENERAL CRIMINAL PROVISIONS Imposing a minimum fine for minors violating the underage drinking law; establishing a postconviction process for obtaining fingerprint or DNA testing of evidence not available at trial to permit convicted persons to demonstrate actual innocence; clarifying the authority of the court to convict or impose punishment for other crimes as part of the crime of fleeing a peace officer in a motor vehicle, consecutive sentences not to be a departure from sentencing guidelines; expanding DNA analysis requirements to certain predatory offenders; specifying certain renumbering instructions to the revisor of statutes; repealing the work program for certain nonviolent felony offenders ARTICLE 4 - CORRECTIONS Creating an exception to the prohibition on using state appropriations to pay for art in correctional facilities; requiring the department of corrections to issue an annual performance report; authorizing the commissioner of corrections to establish minimum training service requirements and the maximum amount of funding to be annually expended to provide training services to juvenile detention services subsidy program staff and to establish a schedule of correctional fees to charge persons convicted of crimes, providing for collection and for certain exemptions; expanding the provision providing for the establishment of productive day initiative programs in Hennepin, Ramsey and St. Louis counties to all counties; requiring counties to pay the costs of committing juvenile females to the commissioner; establishing the Minnesota correctional facility-Rush City under the control and management of the commissioner; prohibiting local probation and parole or community corrections agencies to fees on criminal offenders required to pay a fee to the commissioner; requiring the transfer of offenders sentenced to the Camp Ripley work program to the sentencing county by a certain date; requiring the assessment for excellence task force to assist the commissioner of administration in developing a request for proposals to operate the educational program at the Red Wing correctional facility, requiring selection of a private vendor by a certain date; requiring the commissioner of corrections to study correctional facility staffing and the supervision of sex offenders and report to the legislature by certain dates and to transfer residents of the Sauk Centre correctional facility to other facilities before a certain date; authorizing the commissioner to develop and issue a request for proposals to provide temporary residential services to juvenile females; repealing the pilot project work program at Camp Ripley ARTICLE 5 - LAW ENFORCEMENT Requiring the automobile theft prevention board to perform annual plan and program effectiveness audits and to provide financial support for improved equipment and techniques for responding to automobile thefts; extending the provision providing for the release of certain juvenile court delinquency proceedings records to law enforcement agencies and prosecuting authorities for gang crimes investigation and prosecution purposes; requiring and providing for law enforcement agency posttraumatic stress syndrome benefits to peace officers; specifying certain criminal gang council annual report content requirements; requiring biannual reports to the legislature by the peace officer standards and training board and requiring the board by a certain date to adopt a new or revised model policy governing the conduct of peace officers in pursuit of suspects fleeing in a motor vehicle and chief law enforcement officers to establish and enforce policies complying with the model policy, requiring preservice and in-service training in police pursuits, authorizing the board to impose sanctions for failure to comply and requiring POST board annual compliance reviews; modifying part time peace officer training and examination requirements and imposing a cap on the number of part time peace officers per agency; requiring the superintendent of the bureau of criminal apprehension (BCA) to conduct a capitol complex security study addressing general security and specific security for constitutional officers, legislators, justices, state employees and visitors and report to the governor and legislature by a certain date; requiring the commissioners of public safety, finance and planning to establish a work group to study the issues of disasters and extraordinary emergency expenses caused by disasters for reimbursement or assistance purposes ARTICLE 6 - OTHER PROVISIONS Increasing the number of judges in the first, second, fourth, seventh, ninth and tenth judicial districts and reducing the number of judges in the fifth judicial district; requiring end of confinement review committees to determine residency restrictions for risk level III sex offenders upon release, requiring mitigation of the concentration of level III offenders; increasing the state share of fiscal responsibility for confinement before civil commitment; requiring the commissioner of human services to develop recommended standards for foster care homes; establishing standards for out of home placements of juveniles; requiring counties to develop policies for classifying juvenile offenders and court disposition orders to state intended outcomes for out of home placements; requiring and providing for agency development of case plans for certain longer term out of home placements and requiring county implementation and monitoring of transitional plans for certain children discharged from residential programs, requiring annual goals achievement reports to the legislature by the commissioners of corrections and human services; expanding damage liability and civil remedies for the unlawful release of animals lawfully confined for science, research, commerce or education, imposing third party liability on persons or organizations assisting in unlawful releases, creating a rebuttable presumption of involvement of persons or organizations claiming responsibility for the act; requiring the supreme court to establish a program for training, testing, registering and certifying qualified court interpreters, authorizing rules; expanding the district court housing calendar consolidation program; transferring responsibilities for awarding grants for mediation programs for crime victims and offenders from the state court administrator to the executive director of the center for crime victim services and for operation and funding of battered women shelters from the commissioner of corrections to the executive director, prohibiting general assistance (GA) payments to shelter residents after a certain date; requesting the chief justice of the supreme court to convene a task force on juvenile out of home placement goals to report certain recommendations to the legislature by a certain date; requiring the commissioners of corrections and human services to convene task forces to identify ways to collect information on juvenile out of home placements and to adopt uniform definitions for measuring residential program completion rates for juveniles, requiring reports to the legislature; requiring the commissioners to study issues involving culturally appropriate services for juveniles in juvenile court and report to the legislature by a certain date; requiring the department of human services to continue to review and monitor the social services information system to ensure the accuracy and completeness of data on juvenile out of home placements ARTICLE 7 - STATE FUNDING OF PROGRAMS AND JUDICIAL DISTRICTS; COLLECTIVE BARGAINING Designating court employees and guardians ad litem in the fifth, seventh, eighth and ninth judicial districts as state employees and providing eligibility for state paid benefits for the employees and for employees of the state board of public defense; establishing collective bargaining provisions for court employees; providing for state assumption of certain district court costs; requesting the supreme court to establish a task force to study and make recommendations on a system for funding and administering court appointed attorney functions in civil cases, requiring a report to the legislature by a certain date; transitional provisions, imposing a hiring and salary moratorium, providing for the transfer of certain property, authorizing supreme court rules, specifying certain budget requirements; requesting the supreme court to prepare a plan for state assumption of court administration costs in all judicial districts and report to the legislature by a certain date; providing an effective date contingency (mk, ja)