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Office of the Revisor of Statutes

SF 2273 Senate Long Description

3E 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 caseload increases and for civil legal services, to the court of appeals for caseload increases and to the district courts for caseload increases, for sex and methamphetamine offense sentencing changes and for specialty courts, to the uniform laws commission for national conference dues, to the board of public defense for caseload increases, for sex and methamphetamine offense sentencing changes, to the commissioner of public safety for criminal apprehension including replacement of the automated fingerprint identification system (AFIS), for upgrade of the predatory offender registration (POR) system, for the criminal justice information systems (CJIS) audit trail, for DNA analysis of felony offenders, for livescan costs, for additional bureau of criminal apprehension agents for methamphetamine enforcement, for the state fire marshal, for crime victim assistance and battered women shelter grants, for the criminal gang strike and financial crimes task forces, for homelessness pilot projects, for 911 emergency telecommunications and medical services and for the public safety radio and communication system, to the board of peace officer standards and training (POST), to the commissioner of corrections for level III predatory offender tracking and apprehension, for sex offender treatment and transitional services, for health services, for sex and methamphetamine offenses sentencing changes, for chemical dependency treatment programs, for sex offender community surveillance and supervision, for treatment, supervision and aftercare of controlled substances offenders and to the board of veterinary medicine for a study on an animal products used in the manufacture of methamphetamine; providing an agencywide administrative cut; prohibiting use of appropriations to the courts for judicial salary increases; requiring the superintendent of the BCA to convene a working group to review the operational structure and organization of the narcotics task forces and criminal gang oversight council and strike force for merger recommendation purposes; providing for the issuance of state bonds for public safety radio and communication system subsystems; requiring the commissioners of corrections and 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 to report to the legislature by a certain date; requiring the commissioner of corrections to report to the legislature on implementing an electronic monitoring system for sex offenders under community supervision

ARTICLE 2 - SEX OFFENDERS: MANDATORY LIFE SENTENCES FOR CERTAIN EGREGIOUS AND REPEAT SEX OFFENSES; 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; defining predatory crime under the criminal sexual conduct law; modifying the conditions for life sentences for certain sex offenses, requiring life sentences under certain conditions; 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

ARTICLE 3 - SEX OFFENDERS: PREDATORY OFFENDER REGISTRATION; COMMUNITY NOTIFICATION; NONSENTENCING CHANGES

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 (BCA); 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; 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 of corrections to annually report to the legislature on the number, geographic location and aggregate and average caseloads for sex offenders residing in the state for the preceding calendar year; requiring and providing for risk level assessments of sex offenders released in other states intending to reside in the state for community notification purposes; 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 the terms of the release, authorizing charging of the cost to the offender, requiring the chief justice of the supreme court by a certain date in consultation with the conference of chief judges to develop a protocol for use of polygraphs for distribution to judges across the state; 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 report to the legislature by a certain date on the number of sex offenders released from prisons with recommendations for supervision; specifying certain reference change instructions to the revisor of statutes

ARTICLE 4 - LEGISLATIVE AUDITOR'S RECOMMENDED CHANGES

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; 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 the disclosure of sex offender status to health care facility employees processing admissions and to corrections agents or law enforcement authorities upon admittance to a health care facility and the corrections agent or law enforcement authority to notify the administrator of the facility, requiring health care facilities receiving notice to notify patients; 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; requiring sex offender treatment assessments before sentencing; expanding mandated reporting of the maltreatment of minors to persons engaged in correctional supervision; 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 and requiring a report to the legislature by a certain date and 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

ARTICLE 5 - SEX OFFENDERS: TECHNICAL AND CONFORMING CHANGES

Making technical and conforming amendments to certain statutory provisions relating to rules of the commissioner of corrections, to civil commitment determinations and petitions, to the formation and duties of end of confinement review committees, to presumptive and mandatory sentences for repeat sex offenders, to presentence investigations, to DNA analysis requirements, to evidence in criminal sexual conduct cases, to the confidentiality of victim identity records, 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 6 - CONTROLLED SUBSTANCES PROVISIONS

Expanding the definition of narcotic drug to methamphetamine; 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 for clandestine lab sites, specifying certain notice requirements of arresting peace officers and of certain authorities and certain recording requirements and providing for cleanup, imposing liability on contractors verifying cleanup completion before full remediation; specifying certain property information maintenance requirements of local community health services administrators, requiring the commissioner of health to post contact information on the web site; specifying certain disclosure requirements for the sale or transfer of real property, imposing liability on the seller for failure to comply; further regulating and recodifying activities involving the use of anhydrous ammonia, specifying certain prohibited conduct and imposing criminal penalties and civil liability; establishing methamphetamine related crimes involving children and vulnerable adults, imposing criminal penalties and providing for multiple sentences; providing for the conditional release of certain nonviolent controlled substance offenders and requiring the commissioner of corrections to offer offenders meeting the conditions chemical dependency treatment and specifying certain release procedures and notice requirements; requiring peace officer notice to schools of children taken into protective custody due to methamphetamine manufacture or storage; requiring the bureau of criminal apprehension (BCA) to maintain and publish a toll free telephone number to enable the reporting of information about potential methamphetamine violations; providing for the establishment of civil nuisances involving methamphetamine manufacture; requiring the board of veterinary medicine to study animal products potentially used in the manufacture of methamphetamine, specifying certain report content requirements and requiring a report to the legislature by a certain date; specifying certain recodification and cross reference and technical change instructions to the revisor of statutes

ARTICLE 7 - GENERAL CRIME PROVISIONS

Requiring the court to allow proof of aggravating factors by prosecutors in sentencing hearings for guidelines upward departure purposes; prohibiting the transmission of multiple false, misleading or deceptive commercial electronic mail (e-mail) messages for advertising or promotional purposes, imposing criminal penalties for violation; expanding the authority of the court to issue domestic abuse no contact orders; continuing certain felony offender DNA analysis requirements; expanding the crime of murder in the first degree relating to a past pattern of child abuse; expanding the crimes of assault in the third degree to assault by strangulation or asphyxiation and of assault in the fourth degree to assault of personnel of secure treatment facilities (Minnesota security hospital or Minnesota sexual psychopathic personality treatment center); increasing the statutory maximum term of imprisonment for gang crimes against a child; defining the crime of trafficking in persons and imposing penalties; expanding the crime of prostitution in a public place to loitering; 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; expanding the crimes of escape from custody to escape while under civil commitment and of fleeing a peace officer to nonvehicular evasive flight to 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 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 documents in furtherance of labor or sex trafficking and providing for disposition of forfeiture proceeds, requiring a certain percentage to be forwarded to the commissioner of public safety for distribution to crime victims services organizations providing services to victims of trafficking offenses, requiring commissioner annual reports to the legislature on use of the money distributed; 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 and expanding the venue for prosecution of the crime; imposing statutes of limitation for indictments or complaints relating to labor trafficking crimes; adopting or rejecting certain modifications recommended by the sentencing guidelines commission in a certain report to the legislature; repealing the crime of vagrancy

ARTICLE 8 - 911 EMERGENCY TELECOMMUNCIATIONS 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 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 9 - MISCELLANEOUS PROVISIONS

Exempting inmates doing community service or conservation work for state agencies from certain government contract requirements; authorizing the commissioner of public safety to assess a surcharge on drivers licenses or identification cards for deposit in the Minnesota financial crimes oversight council account; expanding the authority of the commissioner 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 the date for sentencing guidelines commission submission to the legislature of sentencing guidelines modifications and of the annual modifications report; expanding the authority of local correctional agencies to charge fees; extending the time limit for hearings on civil commitment of sexual psychopathic personalities and sexually dangerous persons after filing of the petition; 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; 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 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 the commissioner to review information on individuals possessing a license to take game by firearms and to periodically forward the names of individuals identified as ineligible to certain agencies, law enforcement officers and correctional agents; modifying certain provisions relating to the criminal and juvenile justice information policy group; increasing certain alcoholic beverage license or permit and brand registration fees; increasing the fee for filing civil actions with the district court administrator, the surcharge on criminal and traffic offenders and the fees for filing certain documents with the county recorder or registrar of titles; setting fees and recording standards for real estate documents; 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; requiring and providing for commissioner award of grants to organizations providing homeless outreach services; 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 the dedication of space on the campus of the Faribault correctional facility for a Rice county correctional facility; subjecting the St. Louis county examiner or deputy examiners of titles to county personnel and compensation policies under certain conditions, requiring concurrence of the district court judges for selection and termination of the examiners; repealing the existing Minnesota financial crimes task force, certain provisions relating to the criminal and juvenile justice information policy group and the time limit for county recorder recording of deeds
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