1.1 	A bill for an act
1.2 	relating to public safety; changing criminal
1.3 	sentencing for certain controlled substance
1.4 	possessors; authorizing expungement of conviction
1.5 	records for certain controlled substance possessors;
1.6 	adjusting the terms of imprisonment for certain
1.7 	controlled substance offenders; appropriating money;
1.8 	amending Minnesota Statutes 2004, sections 609A.02, by
1.9 	adding a subdivision; 609A.03, subdivision 5, by
1.10 	adding a subdivision; proposing coding for new law in
1.11 	Minnesota Statutes, chapters 152; 244.
1.12 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13 	Section 1. [152.0255] STAYED SENTENCES FOR FIRST-TIME
1.14 	CONTROLLED SUBSTANCE POSSESSORS.
1.15 		Subdivision 1.Presumptive stayed sentence, first-time
1.16 	fourth- and fifth-degree controlled substance possessors. (a)
1.17 	Notwithstanding any contrary provision of the sentencing
1.18 	guidelines or any other law, the court shall presume that an
1.19 	offender convicted of violating section 152.024, subdivision 2,
1.20 	or 152.025, subdivision 2, be sentenced to a stayed sentence if
1.21 	the offender has not previously been convicted or adjudicated
1.22 	delinquent for a violation of this chapter, or an offense from
1.23 	another jurisdiction similar to an offense under this chapter.
1.24 	The court may impose appropriate terms and conditions on the
1.25 	offender.
1.26 	(b) When a court stays the sentence of an offender
1.27 	described in paragraph (a), it shall order the offender to
1.28 	successfully complete a chemical dependency treatment program
2.1 	designated by the court.  The court shall select a program that
2.2 	is appropriate given the offender's chemical dependency needs.
2.3 	When possible, the program must be tailored specifically to the
2.4 	offender's specific addiction, have an inpatient and outpatient
2.5 	component, including aftercare, and be of a sufficient duration
2.6 	to adequately address the offender's chemical dependency issues.
2.7 	(c) A sentence under this subdivision is not a departure
2.8 	under the sentencing guidelines.
2.9 		Subd. 2.Stayed sentences authorized; first-time first-,
2.10 	second-, and third-degree controlled substance possessors. (a)
2.11 	Notwithstanding any contrary provision of the sentencing
2.12 	guidelines or any other law, the court may stay the execution of
2.13 	sentence for an offender convicted of violating section 152.021,
2.14 	subdivision 2; 152.022, subdivision 2; or 152.023, subdivision
2.15 	2, if the offender has not previously been convicted or
2.16 	adjudicated delinquent for a violation of this chapter, or an
2.17 	offense from another jurisdiction similar to an offense under
2.18 	this chapter.  The court may impose appropriate terms and
2.19 	conditions on the offender.
2.20 	(b) If the court stays an offender's sentence under
2.21 	paragraph (a), it shall order the offender to successfully
2.22 	complete a chemical dependency treatment program designated by
2.23 	the court.  The court shall select a program that is appropriate
2.24 	given the offender's chemical dependency needs.  When possible,
2.25 	the program must be tailored specifically to the offender's
2.26 	specific addiction, have an inpatient and outpatient component,
2.27 	including aftercare, and be of a sufficient duration to
2.28 	adequately address the offender's chemical dependency issues.
2.29 	(c) A sentence under this subdivision is not a departure
2.30 	under the sentencing guidelines.
2.31 		Subd. 3.Costs. When a court sentences an offender under
2.32 	this section, it may require the offender to pay the costs of
2.33 	the treatment program as well as other costs authorized by law.
2.34 		Subd. 4.Presentence investigation. The court shall
2.35 	consider the results of the presentence investigation under
2.36 	section 609.115, including the chemical use assessment, and any
3.1 	other relevant information before sentencing an offender
3.2 	described in this section.
3.3 		Subd. 5.Exception; prior violent crimes or possession of
3.4 	dangerous weapon. Except as otherwise provided in this section,
3.5 	this section does not apply to an offender who has previously
3.6 	been convicted or adjudicated delinquent for a violent crime as
3.7 	defined in section 609.1095 or who possessed a dangerous weapon
3.8 	at the time of arrest.
3.9 	
EFFECTIVE DATE. This section is effective August 1, 2005,
3.10 	and applies to offenders sentenced on or after that date.

3.11 	Sec. 2. [244.045] SUPERVISED RELEASE OF CONTROLLED
3.12 	SUBSTANCE OFFENDERS.
3.13 	(a) Notwithstanding any contrary provision of the
3.14 	sentencing guidelines or any other law, but subject to paragraph
3.15 	(c), the commissioner of corrections shall place an offender
3.16 	committed to the commissioner's custody for a violation of
3.17 	section 152.022, 152.023, 152.024, or 152.025 on supervised
3.18 	release after the offender has served one-half of the offender's
3.19 	executed sentence if:
3.20 	(1) the original length of the offender's executed sentence
3.21 	was 18 months or longer; and 
3.22 	(2) while in prison for the offense, the offender
3.23 	successfully completed a chemical dependency treatment program
3.24 	of at least six months in duration.
3.25 	(b) Successful completion of the program described in
3.26 	paragraph (a), clause (2), is to be determined by the program
3.27 	director.
3.28 	(c) No offender who violates a disciplinary rule or refuses
3.29 	to participate in a rehabilitative program as required under
3.30 	section 244.03 shall be placed on supervised release until the
3.31 	offender has served the disciplinary confinement period for that
3.32 	disciplinary sanction or until the offender is discharged or
3.33 	released from punitive segregation confinement, whichever is
3.34 	later.  The imposition of a disciplinary confinement period
3.35 	shall be considered to be a disciplinary sanction imposed upon
3.36 	an offender, and the procedure for imposing the disciplinary
4.1 	confinement period and the rights of the offender in the
4.2 	procedure shall be those in effect for the imposition of other
4.3 	disciplinary sanctions at each state correctional institution.

4.4 	EFFECTIVE DATE. This section is effective August 1, 2005,
4.5 	and applies to persons incarcerated or sentenced on or after
4.6 	that date.

4.7 	Sec. 3. Minnesota Statutes 2004, section 609A.02, is
4.8 	amended by adding a subdivision to read:
4.9 		Subd. 1a.Other controlled substance offenses;
4.10 	convictions. A petition may be filed under section 609A.03 to
4.11 	seal all records relating to an arrest, indictment or
4.12 	information, trial, or verdict for a violation of section
4.13 	152.021, subdivision 2; 152.022, subdivision 2; 152.023,
4.14 	subdivision 2; 152.024, subdivision 2; or 152.025, subdivision
4.15 	2, if the actions or proceedings were not resolved in favor of
4.16 	the petitioner, and:
4.17 	(1) the petitioner received a stayed sentence under section
4.18 	152.0255;
4.19 	(2) the petitioner successfully completed and fully paid
4.20 	for a chemical dependency treatment program as described in
4.21 	section 152.0255, subdivision 1, paragraph (b), or subdivision
4.22 	2, paragraph (b), and has not violated any other terms or
4.23 	conditions imposed by the sentencing court;
4.24 	(3) at least a year has elapsed since the petitioner
4.25 	completed the chemical dependency treatment program and during
4.26 	that time the petitioner has not illegally used or possessed a
4.27 	controlled substance or violated any law; and 
4.28 	(4) the petitioner has fully paid all of the prosecution
4.29 	and other costs imposed on the petitioner by the sentencing
4.30 	court.
4.31 	If the court determines that the petitioner is indigent, the
4.32 	court may allow the petitioner to perform an amount of community
4.33 	service having a monetary value of up to 50 percent of the costs
4.34 	described in clauses (2) and (4).  The petitioner is responsible
4.35 	for paying the remaining costs owed before obtaining an
4.36 	expungement.
5.1 	
EFFECTIVE DATE. This section is effective August 1, 2005.

5.2 	Sec. 4. Minnesota Statutes 2004, section 609A.03,
5.3 	subdivision 5, is amended to read:
5.4 		Subd. 5.Nature of remedy; standard; firearms
5.5 	restriction.  (a) Except as otherwise provided by
5.6 	paragraph paragraphs (b) and (c), expungement of a criminal
5.7 	record is an extraordinary remedy to be granted only upon clear
5.8 	and convincing evidence that it would yield a benefit to the
5.9 	petitioner commensurate with the disadvantages to the public and
5.10 	public safety of:
5.11 	(1) sealing the record; and
5.12 	(2) burdening the court and public authorities to issue,
5.13 	enforce, and monitor an expungement order.
5.14 	(b) Except as otherwise provided by this paragraph, if the
5.15 	petitioner is petitioning for the sealing of a criminal record
5.16 	under section 609A.02, subdivision 3, the court shall grant the
5.17 	petition to seal the record unless the agency or jurisdiction
5.18 	whose records would be affected establishes by clear and
5.19 	convincing evidence that the interests of the public and public
5.20 	safety outweigh the disadvantages to the petitioner of not
5.21 	sealing the record.
5.22 	(c) If the petitioner is petitioning for the sealing of a
5.23 	criminal record under section 609A.02, subdivision 1a, the court
5.24 	shall grant the petition if the petitioner establishes by a
5.25 	preponderance of the evidence that:
5.26 	(1) the petitioner meets the criteria described in section
5.27 	609A.02, subdivision 1a; and 
5.28 	(2) it would yield a benefit to the petitioner commensurate
5.29 	with the disadvantages to the public and public safety of:
5.30 	(i) sealing the record; and 
5.31 	(ii) burdening the court and public authorities to issue,
5.32 	enforce, and monitor an expungement order.
5.33 	(d) If the court issues an expungement order it may require
5.34 	that the criminal record be sealed, the existence of the record
5.35 	not be revealed, and the record not be opened except as required
5.36 	under subdivision 7.  Records must not be destroyed or returned
6.1 	to the subject of the record.
6.2 	
EFFECTIVE DATE. This section is effective August 1, 2005.

6.3 	Sec. 5. Minnesota Statutes 2004, section 609A.03, is
6.4 	amended by adding a subdivision to read:
6.5 		Subd. 6a.Certain controlled substance offenders;
6.6 	discharge from probation. If the court orders the sealing of
6.7 	the criminal record of a petitioner under subdivision 5,
6.8 	paragraph (c), it shall discharge the petitioner from probation
6.9 	for the offense.
6.10 	
EFFECTIVE DATE. This section is effective August 1, 2005.

6.11 	Sec. 6. CONTROLLED SUBSTANCE OFFENDERS CURRENTLY IN
6.12 	PRISON; SUPERVISED RELEASE.
 6.13 	An offender meeting the criteria described in Minnesota
6.14 	Statutes, section 244.045, who completed a chemical dependency
6.15 	treatment program before August 1, 2005, while in prison for
6.16 	that offense, shall be placed on supervised release by the
6.17 	commissioner of corrections within a reasonable time after
6.18 	presenting the program director's certification to the
6.19 	commissioner showing that the offender successfully completed
6.20 	the program.

6.21 	EFFECTIVE DATE. This section is effective the day
6.22 	following final enactment.

6.23 	Sec. 7. APPROPRIATIONS.
 6.24 		Subdivision 1.Corrections. $1,000,000 for the fiscal
6.25 	year ending June 30, 2006, and $1,000,000 for the fiscal year
6.26 	ending June 30, 2007, are appropriated from the general fund to
6.27 	the commissioner of corrections for the development, expansion,
6.28 	and operation of prison-based chemical dependency treatment
6.29 	programs, including, but not limited to, methamphetamine
6.30 	treatment programs.
6.31 		Subd. 2.Human services. $1,000,000 for the fiscal year
6.32 	ending June 30, 2006, and $1,000,000 for the fiscal year ending
6.33 	June 30, 2007, are appropriated from the general fund to the
6.34 	commissioner of human services for deposit into the chemical
6.35 	dependency treatment fund for Tier II chemical dependency
6.36 	treatment of persons with low incomes.
7.1 		Subd. 3.Peace officers standards and training
7.2 	board. $1,000,000 for the fiscal year ending June 30, 2006, and
7.3 	$1,000,000 for the fiscal year ending June 30, 2007, are
7.4 	appropriated from the general fund to the Peace Officers
7.5 	Standards and Training Board for reimbursements for peace
7.6 	officer training.