Relating to the organization, operation and financing of state government, providing for the financing of criminal justice, corrections, public safety, the judiciary and certain other agencies and activities

ARTICLE 1 - PUBLIC SAFETY APPROPRIATIONS

Appropriating money to the supreme court for operations including salary increases for judges and for civil legal services, to the court of appeals, to the trial and tax courts, to the uniform laws commission, to the judicial standards, public defense, peace officer standards and training (POST) and private detective and protective agent services boards, to the commissioner of public safety for emergency management, for criminal apprehension including replacement of the automated fingerprint identification system (AFIS), upgrade of the predatory offender registration (POR) system, DNA analysis and methamphetamine enforcement, for the state fire marshal, for gang and narcotics strike force grants, for crime victim assistance and battered women's shelter grant increases, for the financial crimes task force, for human trafficking assessment, for youth intervention programs and homelessness pilot projects, for 911 emergency services, for medical resource communication centers, for the public safety radio and communication system, for public safety officers health benefits and for driver and vehicle services suspension of licenses for gasoline theft, to the commissioner of human rights, to the commissioner of corrections for sex offender tracking, treatment and supervision, for health services, for chemical dependency services and for housing and care of short term offenders, to the sentencing guidelines commission and to the board of veterinary medicine for a study on animal products used in the manufacture of methamphetamine; requiring the state court administrator to convene a working group to study and make recommendations on the appropriate assignment and use of limited public defender resources to minimize CHIPS proceedings through early intervention initiatives; providing for antiterrorism grants to nonprofit and faith based organizations; authorizing the issuance of state bonds for public safety radio and communication system construction costs; requiring the commissioner of corrections to charge a per diem for the rental of beds at the Rush City correctional facility and with the commissioner of the housing finance agency (HFA) to convene a working group to study the feasibility of using inmate labor to build low income housing manufactured at the Faribault correctional facility and report to the legislature by a certain date; reducing funding for certain programs

ARTICLE 2 - SEX OFFENDERS: MANDATORY LIFE SENTENCES FOR CERTAIN EGREGIOUS AND REPEAT SEX OFFENDERS; CONDITIONAL RELEASE; OTHER SENTENCING CHANGES

Modifying certain provisions providing for the sentencing of dangerous sex
offenders; requiring sex offenders serving mandatory life sentences to serve the minimum term of imprisonment before supervised release, specifying certain factors to be considered by the commissioner of corrections before granting supervised release; modifying the conditions for mandatory increased sentences for certain patterned and predatory offenders; modifying the definition of coercion under the criminal sexual conduct law to include use of physical confinement or strength against the complainant for submission purposes and redefining predatory crime; modifying the conditions for life sentences for certain sex offenses; defining the crime of criminal sexual predatory conduct and providing for sentencing; providing for mandatory life sentences for dangerous sex offenders, specifying a minimum term of imprisonment, providing for conditional release, requiring extended or lifetime conditional release terms under certain conditions; requiring the sentencing guidelines commission to propose to the legislature modifications to the sentencing guidelines for sex offenders

ARTICLE 3 - SEX OFFENDERS: PREDATORY OFFENDER REGISTRATION; COMMUNITY NOTIFICATION; MISCELLANEOUS PROVISIONS

Removing the authority of persons required to inform health care facilities of status as a registered predatory offender and knowingly failing to do so to be considered a danger to the safety of individuals in the licensed nursing or boarding care home, appeal of notice and discharge not to constitute a stay of the discharge; requiring the commissioner of corrections to provide to supervising corrections agencies upon predatory offender release offender prison records relating to psychological assessments, medical and mental health issues and treatment; authorizing copayments for residential and outpatient sex offender programs; expanding the requirement for county or private sex offender programs to provide the commissioner with information relating to the effectiveness of the program for funding purposes; extending the community based sex offender program evaluation project; requiring and providing for offenders without a primary address to register with local law enforcement authorities under the predatory offender registration law, requiring law enforcement authorities receiving registration information to forward the information to the bureau of criminal apprehension; strengthening certain registration requirements for offenders assigned to risk levels II or III and clarifying certain information requirements, requiring periodic photographing of level III offenders and placement of the offenders violating registration requirements on extended conditional release; requiring disclosure of registrant status upon admission to health care facilities; specifying certain BCA notice and commissioner status determination requirements upon the acceptance of predatory offenders from other states; specifying the venue for prosecution of violations and providing for the admissibility of certified copies of predatory offender registration records as evidence to prove the commission of violations; requiring the commissioner to place level III predatory offenders on intensive supervised release for the entire release or parole term; requiring the opinion of the commissioner relating to sex offender civil commitment determinations to be based on the recommendation of a screening committee and a legal review and recommendation from independent counsel; modifying end of confinement review committee procedures; requiring and providing for risk level assessments of sex offenders released from other states and from federal facilities intending to reside in the state; requiring disclosure of registrant status upon admittance to health care facilities for community notification purposes; requiring corrections agencies supervising predatory offenders classified as public risk monitoring cases to notify other corrections agencies of the intent of the offender to seek housing arrangements in another location for supervision transfer request initiation purposes and to notify appropriate child protection agencies before authorizing offenders to live in households with children; expanding victim notification options to individuals believed by law enforcement officers likely to be victimized by the offender after release; requiring and providing for victim notice of offender release from commitment to a treatment facility upon request and granting victims the right to submit statements relating to decisions of the medical director, the special review board or the commissioner; authorizing the court and the commissioner to order sex offenders to submit to polygraphic examinations as an intermediate sanction or as a condition of release to ensure compliance with probation terms or release conditions, authorizing charging of the cost to the offender, requesting the state court administrator by a certain date in consultation with the conference of chief judges to develop a protocol for use of polygraphs for sex offenders place on probation for distribution to judges across the state; expanding child maltreatment reporting requirements to persons engaged in correctional supervision; requesting the supreme court to study certain issues relating to civil commitment of sexually dangerous persons and sexual psychopathic personalities and report to the legislature by a certain date; requiring the commissioner to convene a working group of individuals knowledgeable in the supervision and treatment of sex offenders to study and make recommendations on the management of sex offenders, specifying certain study requirements, requiring a report to the legislature by a certain date, authorizing the commissioner after considering the recommendations of the working group to implement policies and standards relating to the issues involved; requiring the commissioner to report to the legislature by a certain date on prison based sex offender treatment programs; specifying certain reference change instructions to the revisor of statutes

ARTICLE 4 - SEX OFFENDERS: TECHNICAL AND CONFORMING CHANGES

Making technical and conforming amendments to certain statutory provisions relating to the confidentiality of victim identity data, to rules of the commissioner of corrections, to presumptive and mandatory sentences for repeat sex offenders, to DNA analysis requirements, to evidence in criminal sexual conduct cases, to petitions for civil commitment, to evidence in criminal sexual conduct cases, to the medical purpose criminal exclusion, to prosecution jurisdiction and to excluding spectators from the courtroom; specifying certain renumbering and cross reference and technical correction instructions to the revisor of statutes

ARTICLE 5 - HUMAN SERVICES ACCESS TO PREDATORY OFFENDER REGISTRY

Authorizing access to sex offender registration data for corrections and state operated services purposes; expanding certain recordkeeping requirements for patients and residents receiving state operated services; granting the commissioner access to and the authority to disclose medical and criminal history data for predatory offender risk assessment and management purposes, requiring state operated services notice to patients required to register as predatory offenders, requiring completion of the registration requirements by facility staff in certain incapacity cases, limiting the use of bloodborne pathogen test results; expanding certain requirements for the release on pass of patients civilly committed as mentally ill and dangerous, expanding the requirements to persons transferred to state operated services; expanding the content requirement for nursing or health care facility vulnerable adult abuse prevention plans relating to the risk of abusing other vulnerable adults

ARTICLE 6 - HUMAN SERVICES BACKGROUND STUDIES

Requiring certain notice to subjects of human services background studies before the performance of certain activities relating to direct contact with facility or program patients or participants; modifying and expanding permanent human services license disqualification requirements and expanding disqualification notice requirements; classifying certain disqualification set aside data; expanding application of the bar to disqualification set asides

ARTICLE 7 - METHAMPHETAMINE PROVISIONS

Requiring prescriptions from veterinarians for drugs or products for animals containing ephedrine or pseudoephedrine and specifying certain sale and purchase restrictions; expanding the definition of narcotic drug to methamphetamine and scheduling ephedrine and pseudoephedrine products as schedule V controlled substances; regulating over the counter sales of methamphetamine precursor drugs; clarifying the crime of possession of chemical reagents or precursors with intent to manufacture methamphetamine and increasing the penalties for the crime; authorizing the court to require the payment of restitution to public entities for emergency responses to controlled substance or precursor manufacture crimes and to property owners incurring clandestine lab site removal or remediation costs; specifying certain property related prohibitions and prescribing a procedure for remediation of the sites; specifying certain prohibited conduct relating to anhydrous ammonia, imposing criminal penalties for violation; specifying certain methamphetamine related crimes involving children and vulnerable adults, prescribing criminal penalties, providing for multiple sentences and protective custody and specifying certain reporting requirements; requiring certificates of title for motor vehicles contaminated by methamphetamine production to notate a hazardous waste contaminated vehicle condition; requiring peace officer notice to schools of children taken into protective custody due to methamphetamine manufacture or storage; establishing a methamphetamine laboratory cleanup revolving account in the public facility authority fund for loans to assist cities and counties in clandestine lab site remediation, specifying loan application and eligibility requirements and providing for disbursement of funds; expanding the definition of violent crime to methamphetamine related crimes involving children and vulnerable adults for mandatory sentencing purposes; requiring the commissioner of public safety to study the feasibility of a centralized computer or electronic system for pharmacy recordkeeping purposes and report to the legislature by a certain date; requiring the board of veterinary medicine to study and report to the legislature by a certain date on animal products potentially used in the manufacture of methamphetamine, specifying certain report content requirements; specifying certain recodification and technical change instructions to the revisor of statutes; repealing certain provisions prohibiting certain fertilizer activities involving anhydrous ammonia

ARTICLE 8 - PUBLIC SAFETY POLICY

Expanding the definition of youth intervention program for grant purposes and specifying the intent of the program and of the matching requirement, authorizing the use of certain percentages of appropriations to the program for a grant to the Minnesota youth intervention programs association for collaborative training and technical assistance to community based grantees and for grant administration costs; modifying certain windshield obstruction prohibitions for traffic regulation purposes; authorizing the district court to hear appeals of certain public utilities excavation notice violation penalties; requiring the court to determine the criminal history of persons requesting a name change; establishing a temporary panel to determine the eligibility of applying peace officers or firefighters for approved duty related disability pensions; release of predatory offender registration data from the juvenile history record system maintained by the bureau of criminal apprehension in conjunction with background checks not to constitute releasing information in a manner revealing the existence of a juvenile adjudication history regardless of the age of the offender at the time of the offense; authorizing the BCA to add certain identifying information of individual subjects of background checks to the criminal history of the individual under certain conditions; requiring the board of private detective and protective agent services to establish a special protective agent license classification for traffic escorts; increasing certain liquor license or permit fees; protecting crime victims taking time off from work to attend criminal proceedings, to obtain relief under the domestic abuse act or to obtain a harassment restraining order against employer retaliation; modifying the definition of crime victim for services eligibility purposes; clarifying certain procedures for crime victim requests for HIV/AIDS testing of sex offenders; expanding the eligibility for reparations to victims injured overseas; transferring the remaining balances in the special revenue fund from a certain prior expired spending authorization relating to antiracial profiling to the general fund; requiring and providing for the commissioner of public safety to award grants to organizations providing homeless outreach services; transferring the responsibility of the department of employment and economic development (DEED) for the youth intervention program to the department of public safety; specifying certain renumbering and cross reference change instructions to the revisor of statutes

ARTICLE 9 - FIRE MARSHAL

Clarifying the requirement for removal or demolition of unsafe buildings on
tax-forfeited land before sale; modifying the warehouse fire protection requirement; changing the name of the uniform fire code to the state fire code and clarifying a certain fee requirement under the code; modifying and clarifying certain investigatory and testimonial powers of the state fire marshal and certain provisions regulating flammable liquids, explosives and fireworks; modifying certain specifications for smoke detectors; specifying certain term change instructions to the revisor of statutes; repealing certain obsolete or replaced provisions under the state fire code and certain provisions regulating the use of waste oil burners and fire alarm systems in educational facilities, providing for the repair or demolition of unsafe buildings and specifying standards for fire extinguishers in residential buildings

ARTICLE 10 - 911 EMERGENCY TELECOMMUNICATIONS SERVICES

Requiring the commissioner of commerce to report to the legislature by a certain date recommendations for the amount of and method for assessing a fee based on the number of telephone numbers in use to fund the telephone assistance (TAP) and 911 emergency and public safety communications programs, specifying certain recommendations and consultation requirements; requiring local service providers to remit surcharge revenues to the department of public safety in lieu of the department of administration; updating certain definitions under the 911 and public safety communications program and defining 911 emergency telecommunications service provider; modifying and clarifying certain requirements of the emergency telecommunications system; expanding certain contracting authority; modifying certain cost accounting and certification requirements and increasing the maximum access fee; eliminating certain fee distribution requirements; modifying certain provisions regulating the public safety radio communication system; modifying the definition of subsystems and certain bonding authority of the metropolitan council; providing for the issuance of state 911 revenue bonds to pay for certain costs; modifying the required uses of the standing appropriation and eliminating certain appropriation limits

ARTICLE 11 - LAW ENFORCEMENT POLICY

Increasing the amount of reimbursement and modifying eligibility for soft body armor (bullet proof vests) to peace officers and law enforcement agencies by the department of public safety and exempting vests made from zylon based materials purchased before a certain date from the reimbursement requirement; establishing the gang and drug oversight council to provide guidance relating to the investigation and prosecution of gang and drug crimes, authorizing commissioner of public safety grants to state and local government units to combat the crimes; establishing the Minnesota financial crimes oversight council to provide guidance relating to the investigation and prosecution of identity theft and financial crime, requiring establishment of a multijurisdictional statewide Minnesota financial crimes task force to investigate major financial crimes and selection of a permanent statewide task force commander to oversee the transition of the Minnesota financial crimes task force into the new task force, authorizing commissioner grants and council establishment of a victims assistance program; requiring and providing for a statewide human trafficking assessment by the commissioner, authorizing contracts for outside services and providing for the collection and publication of data; expanding bureau of criminal apprehension fingerprinting requirements to certain persons involved in the criminal justice process, on probation or parole or in custody for offenses in suspense, requiring the superintendent of the BCA to inform prosecuting authorities of subjects of court disposition records in suspense requiring fingerprinting; expanding the duty of corrections officials to furnish information to the BCA to requests for fingerprints as necessary to maintain and ensure the accuracy of BCA criminal history files and to reduce the number of suspense files unable to be linked to arrest records; restricting access to data from the distinctive physical mark identification system to criminal justice agencies; modifying the membership and duties of the criminal and juvenile justice information policy group and task force; prohibiting use of the terms public safety or state patrol in advertising for private detective or protective agent services; specifying certain law enforcement agency booking recordings maintenance requirements; repealing the criminal gang council and strike force and the Minnesota financial crimes task force and certain criminal and juvenile justice information policy group duties relating to the implementation of a continuing education program, recommendations for a structured numbering scheme for the criminal code, development and implementation of an integration plan, the local match requirement for grants, infrastructure improvements and documentation and reporting

ARTICLE 12 - DNA COLLECTION

Requiring and providing for DNA analysis of juveniles committing certain crimes; classifying data on and restricting access to the DNA centralized data system of the bureau of criminal apprehension (BCA); requiring governmental entities to retain biological evidence used to secure criminal convictions; modifying certain criminal offender DNA analysis requirements

ARTICLE 13 - CORRECTIONS

Exempting inmates doing community service or conservation work for state agencies from certain government contract requirements; establishing discipline procedures for state and local correctional officers; expanding the membership of the interstate adult offender supervision advisory council; prohibiting the receipt of release money by certain criminal offenders; regulating the release of nonviolent controlled substance offenders; expanding the authority of local correctional agencies to charge fees; authorizing the fugitive apprehension unit in the department of corrections to seize property under the criminal forfeiture law, limits; authorizing sheriffs or local correctional agencies to electronically monitor offenders sentenced to work release in lieu of confinement in jail between times of employment and to assess the offenders for the cost of the monitoring, excluding offenders sentenced for domestic assault from monitoring eligibility; increasing the monetary threshold for purchase, lease, construction or repair of county jails for commissioner of corrections review requirement purposes; requiring the dedication of space on the campus of the Faribault correctional facility for a Rice county correctional facility; repealing the requirement for the commissioner to collect and maintain background data on individuals under the interstate compact for supervision of parolees and probationers

ARTICLE 14 - COURTS AND PUBLIC DEFENDER

Increasing the number of judgeships in the seventh and tenth judicial districts; extending the time limit for hearings on civil commitment of sexual psychopathic personalities and sexually dangerous persons after filing of the petition; increasing the fee for filing civil actions and the surcharge on criminal and traffic offenders and modifying the disposition of the surcharge in Ramsey county; increasing and imposing certain additional county recorder fees, eliminating the surcharge and modifying certain deposit requirements, providing for a technology fund; establishing certain real estate document recording standards; increasing certain real estate title registration fees and modifying certain deposit requirements; limiting petitions for postconviction relief after direct appeal and imposing a time limit for filing and certain requirements for hearing the petitions; requiring completion of sentencing worksheets on defendants convicted of a felony for forwarding to the sentencing guidelines commission; expanding public defender government data access rights; authorizing the board of public defense to provide surplus computers to part time employees; authorizing the filing of a petition in the district court for the return of seized property under certain conditions; requiring and providing for the revisor of statues to publish a new chapter in Minnesota statutes containing cross references to Minnesota laws imposing collateral sanctions to provide users with quick access to cross referenced laws, defining collateral sanction; authorizing the chief justice of the supreme court to temporarily assign a retired court commissioner in Ramsey county to act as a commissioner of the district court; repealing the time limit on county recorder recording of deeds and the prohibition on service of legal process on the Sabbath

ARTICLE 15 - CHILD PROTECTION

Relating to child protection; modifying certain requirements for adoption consents and placement resources for children in the legal custody of social services agencies; requiring social services agencies to conduct background checks on persons being considered as child custodians, prescribing procedures, requiring fingerprinting under certain conditions and specifying certain notice requirements; specifying certain assessment requirements of responsible social services agencies, restricting agency use of results of background studies of noncustodial parents for day to day child care capability determination purposes

ARTICLE 16 - CRIMINAL SENTENCING POLICY

Modifying the presumptive fixed sentence requirement of the sentencing guidelines and the date for annual submission of the sentencing guidelines modifications report to the legislature by the sentencing guidelines commission; specifying certain requirements for the seeking of aggravated departures from the sentencing guidelines, authorizing and providing for defendants to present evidence and argument justifying departure and waiver of the right to jury determination; recodifying certain provisions specifying certain notice requirements of the court for dispositional departures and for stays of imposition or execution of presumptive sentences for predatory offenders required to register and providing for the establishment of proof of the existence of or factual basis for prior convictions in the calculation of criminal history scores; providing for the determination of presumptive or mandatory sentences for repeat sex or dangerous offenders by the court factfinder; specifying a certain renumbering notation requirement of the revisor of statutes; adopting or rejecting certain sentencing guidelines commission recommendations and requiring the commission to change the sentencing range within individual cells in the grid for consistency with the modified presumptive fixed sentence requirement

ARTICLE 17 - GENERAL CRIMINAL PROVISIONS

Reclassifying anabolic steroids (substances) as a schedule III controlled substance; requiring the commissioner of public safety to suspend the drivers licenses of persons convicted of or juveniles adjudicated delinquent for gasoline theft; creating rebuttable presumptions of training fighting dogs and birds, designating the animals as dangerous weapons constituting an immediate danger to human safety, granting peace officers or animal control authorities certain removal authority, providing for disposition of seized animals; expanding the authority of the court to issue domestic abuse no contact orders; eliminating the service charge amount option and providing for court determination of the amount of civil penalty for receiving motor fuel without paying, authorizing law enforcement agencies obtaining payment for the motor fuel on behalf of retailers to retain the service charge to pay for expenses and entitling retailers to certain remedies; modifying the conditions for court sentencing of persons to life imprisonment without release for first degree murder and expanding the crime relating to causing the death of a minor; expanding the crime of assault in the fourth degree to assault of personnel of secure treatment facilities (Minnesota security hospital or Minnesota sexual psychopathic personality treatment center); defining the crimes of domestic assault by strangulation and trafficking in persons and imposing penalties; increasing the statutory maximum term of imprisonment for gang crimes against a child; expanding the crimes of prostitution in a public place to motor vehicles in certain public areas and to loitering, of escape from custody to escape while on pass status or provisional discharge or while under civil commitment and of fleeing a peace officer to nonvehicular evasive to flight avoid arrest, detention or investigation or to conceal or destroy potential evidence relating to the commission of a crime; clarifying the crime of interfering with or obstructing the performance of official duties of firefighters and expanding the crime of obstruction of justice to interfering with or obstructing ambulance service personnel; expanding the crimes of falsely reporting crime to the furnishing of false information to peace officers relating to the conduct of others and to falsely reporting police misconduct and of theft relating to legal interest in movable property; expanding the crime of identity theft to the use of false pretense in certain communications, imposing penalties for offenses relating to possession or distribution of pornographic work involving minors under the crime and providing for victim restitution; expanding the definition of designated offense under the criminal forfeiture law to crimes involving documents in furtherance of labor or sex trafficking, to the solicitation of children to engage in sexual contact and to the possession of pornographic work involving minors, subjecting computers and related property used to commit or facilitate the commission of a designated offense to criminal forfeiture, providing for the distribution of resulting proceeds; expanding the crime of trespass relating to the time limit for return to the property after being told to leave and to trespass on locked or posted aggregate mining sites without the consent of the owner or lawful possessor and imposing a penalty for unauthorized access to the roofs of school buildings; increasing the penalties for the crime of interference with privacy (surreptitious intrusion); authorizing stepparents to assist minors in seeking harassment restraining orders; expanding the waiver from the restraining order filing fee to sexual assault victims; expanding the crime of harassment to the use of monitors in person or through technological means; clarifying a certain provision providing for the aggregation of dollar amounts under the crime of lawful gambling fraud; providing for venue for prosecution of crime of obscene or harassing phone calls involving wireless or electronic communication; defining the crime of obstruction of treatment of railroad employees injured on the job or disciplining or threatening to discipline injured employees for requesting medical treatment or first aid; prohibiting the use of audiovisual recording devices in motion picture theaters without the consent of the owner or lessee of the facility; repealing the crime of vagrancy

ARTICLE 18 - DWI AND TRAFFIC SAFETY POLICY

Restricting the use or possession of traffic signal override devices, imposing a penalty for violation; modifying certain provisions relating to the offense of driving while impaired; eliminating the requirement to serve a certain number of hours of consecutive jail time for a second DWI offense; authorizing bureau of criminal apprehension (BCA) direct certification of chemical test results to the commissioner of public safety for drivers license revocation purposes; imposing certain time limits on the holding of judicial review hearings and for the court to file orders relating to rescission or suspension of driving privileges revocation or disqualification; expanding certain requirements for petitions for judicial review of orders for administrative impoundment of motor vehicle license plates and modifying the scope of the hearings; clarifying the conditions for issuance of new license plates after plate impoundment; expanding the proof of service requirement for petitioner appeals of license plate impoundment or vehicle forfeiture orders and certain chemical use assessment report content requirements; prescribing the method of assessment, defining and requiring collateral contacts; restricting court acceptance of preconviction assessments; requiring the commissioner of public safety to issue duplicate drivers licenses to certain persons with alcohol consumption restrictions indicated on original licenses and expanding the authority of the commissioner of public safety to charge drivers license reinstatement fees, requiring deposit of certain fees collected in the special revenue fund for appropriation to the peace officers standards and training (POST) board for peace officer training reimbursement to local government units; modifying certain waiting period requirements for the issuance of limited drivers licenses; requesting the statewide DWI task force to review and make recommendations to the legislature on issues relating to the no-alcohol restriction on drivers licenses (B-cards); repealing the requirement for chief law enforcement officers to report certain information relating to alcohol concentration and screening tests occurring between certain dates
(Ch. 136, 2005)