HF 829 Senate Long Description
Relating to the organization, operation and financing of state government, appropriating money for the courts, public defenders, public safety, corrections, human rights and other criminal justice and judiciary related agencies
ARTICLE 1 - APPROPRIATIONS
Providing a summary of appropriations; appropriating money to the supreme court for judicial salary increases, supreme court operations and civil legal services, to the court of appeals for caseload increases, to the trial courts for new judge units, to maintain and expand drug courts, for guardian ad litem services, for interpreter services, for psychological services and for in forma pauperis services, to the tax court, to the uniform laws commission, to the board on judicial standards, to the board of public defense, to the commissioner of public safety for emergency management and pandemic flu coordinator, for criminal apprehension for cross jurisdictional criminal activity, for laboratory activities, DWI lab analysis, CriMNet justice information integration, forensic scientists, crime labs and crime strike task forces, fire marshal, alcohol and gambling enforcement, office of justice programs, gang and drug task force, victim notification system, supervised parenting grants, child advocacy center grants, squad car cameras, crime victim support grant, auto theft emergency grant, COPS grants, youth intervention programs, defibrillators, integrated domestic violence response framework, children at risk, administration costs, 911 emergency services/ARMER, public safety answering points, medical resource communication centers, ARMER debt service, metropolitan council debt service, ARMER improvements, interoperability planning, state backbone operating costs, zone controller, advance project development, system design, ARMER public safety, radio and communication system, to the peace officer standards and training (POST) board, to the board of private detectives and protective agent services, to the commissioner of human rights, to the commissioner of corrections for Rush city beds contracts, offender reentry services, ISR agents challenge incarceration program, conditional release program, sex offenders, civil commitment and tracking, probation supervision CCA, CPO and DOC systems, probation caseload reduction, sex offender treatment, sentencing to service, short term offenders, offender reentry services and grants, employment services for ex offenders, domestic abuse reentry grants, productive day, mentoring grants, short term offender study and operations support and to the sentencing guidelines commission, requiring the commissioner of corrections to award a grant to a nonprofit organization to provide mentoring relationships to children of incarcerated parents; requiring the commissioner of public safety to establish a grant program for the homeless; for child advocacy centers performing certain core functions, specifying certain grant awards purposes and criteria; requiring the commissioner of corrections to establish a high risk adult demonstration project to apply best practices to improve and promote the recovery and success of high risk adults frequently using costly public services; authorizing the commissioner of corrections award grants to a nonprofit or public or private institution of higher education with expertise in addressing the intersection between offender reentry and domestic violence; requiring the commissioner of corrections to issue a grant to a nonprofit organization to establish a pilot project to provide employment services to ex criminal offenders living in the north Minneapolis community, requiring a report to the legislature by a certain date
ARTICLE 2 - GENERAL CRIME
Making certain repeat offenders violating domestic abuse no contact orders guilty of a felony; defining qualified domestic violence related offense; enhancing penalties for certain nonconsensual sexual contact offenses committed by professional engaged in massage or bodywork; eliminating the mistake of age defense for certain criminal sexual assault offenders; providing for application of certain old sex offender provisions for crimes committed prior to enactment of newer sex offender provisions; providing for the crime of internet use to solicit children to engage in sexual conduct and to communicate sexually explicit material to children; adjusting the monetary thresholds for the crime of theft; enhancing penalties for theft for reasonable foreseeable risk of bodily harm; expanding the receiving stolen property crime to include scrap metal dealers; modifying the crime of second degree burglary to include unlawful entrance to government buildings, religious establishments, school buildings and historic property; providing for the crime of damage or theft to energy transmission or telecommunications equipment; adjusting the monetary thresholds for the crimes of dishonored (bad)checks and criminal damage to property in the first and third degrees; repealing the crime of ticket scalping
ARTICLE 3 - DWI AND DRIVING RELATED PROVISIONS
Authorizing judges to provide temporary exception to the mandatory sentencing law for offenders required to use ignition interlock devices; authorizing phlebotomists to take blood samples from DWI offenders under certain conditions; requiring the commissioner of public safety to furnish driving records to law enforcement agencies without charge; requiring the commissioner of public safety to conduct an ignition interlock device pilot project for a certain period of time; commissioner to select one metropolitan county and one rural county to participate in project; requiring commissioner to submit a preliminary report and a final report by certain dates; commissioner to determine appropriate performance standards and certification process for pilot project on ignition interlock devices; specifying components; requiring credit be given to drivers license offenses committed in a province or territory of Canada by the commissioner of public safety; changing the crime of vehicular homicide to the crime of criminal vehicular operation, modifying penalties; modifying the definition of motor vehicle to include attached trailers; making certain technical changes; providing for notice to accused of the contents of certain reports and clarifying the repercussions; specifying revisor instructions; repealing certain provisions relating to criminal vehicular homicide and injury
ARTICLE 4 - CRIME VICTIMS
Requiring the criminal justice data communications network to include the
issuance of orders for protection and no contact orders, requiring photographs to be included with no contact orders in certain situations; requiring the department of human rights gifts and bequests to be credited to a special account; authorizing domestic abuse victims to terminate leases under certain conditions; prohibiting a landlord from disclosing information provided by a tenant documenting domestic abuse; prohibiting sexual assault counselors from disclosing any opinion or information received from or about a victim of sexual assault without the consent of the victim; requiring employers to allow a victim of a violent crime and immediate family members reasonable time off from work to attend criminal proceeding related to the case; defining violent crime; prohibiting mandatory polygraphs for criminal sexual conduct victims; authorizing emergency grants to victims of motor vehicle theft for reimbursement of towing and storage fees due to impoundment of recovered stolen vehicle; eliminating the crime victim and witness advisory council as the grantor; specifying procedures for grant applications and limits to awards; requiring the commissioner of public safety report to the legislature by a certain date
ARTICLE 5 - COURTS AND PUBLIC DEFENDERS
Adding judgeships; authorizing the attorney general to represent guardians ad litem under certain conditions; eliminating certain salary range provisions relating to state court administrator and district administrators; removing a provision preventing court jurisdiction from continuing past the 18th birthday of habitual truants; preserving a cause of action against a dissolved corporation for purposes of accessing available liability insurance for injury to a person; providing for unclassified service designation for state court administrator and district court administrators; providing for drug court fees; clarifying judge expense payments provisions; providing for reinstatement of bail forfeited sums; providing for the abandonment of deposits and nonfelony bail and the disposition of forfeited sums in the fourth judicial district; requiring the state court administrator to develop a uniform form for summons and writ of recovery of premises for landlords and tenants; modifying certain guardian ad litem duties; eliminating certain child support income cap determinations relating to cost of living adjustment and indexing procedures; requiring the court administrator to provide a person proceeding in forma pauperis with a copy of the court file of a person without charge; requiring insurers to act in good faith involving claims made under an insurance policy; prescribing penalties and remedies; requiring insurers to report to the commissioner the date and disposition of settlements and awards; authorizing court administrators to collect restitution for a certain period of time; eliminating screener collector programs for certain district courts; eliminating certain reports on court fees initiated by the state court administrator; requiring the board of public defense and the Hennepin county board of commissioners to jointly prepare a report to the legislature by a certain date on the history of funding of the office of public defender in the fourth judicial district; requiring insurers to report to the commissioner the date and disposition of settlements and awards; repealing certain reporting requirements of the state court administrator and the supreme court and the public defender reimbursement rate
ARTICLE 6 - CORRECTIONS
Clarifying and updating provisions governing the Minnesota correctional (MINNCOR) industries; modifying certain duties of the commissioners of corrections and administration relating to purchases from corrections industries; modifying the definition of surplus property; requiring the commissioner to assess statewide reentry policies and funding including postrelease treatment, education, training and supervision; requiring the commissioner to develop a uniform method to calculate the average per diem cost of incarcerating offenders in county and regional jails, requiring county and regional jails to submit annual per diem calculations to the commissioner, requiring the commissioner to report the local per diems in the performance report; modifying certain requirements for the borrowing and the disbursement of the correctional industries revolving fund; modifying certain agreements for work force of state or county jail inmates; authorizing independently licensed mental health professionals to deliver services to inmates incarcerated in correctional facilities; modifying detention and corrections rules provisions for Ramsey county jail facilities and eliminating a restriction on compensation for inmates from other counties; adjusting the date for community corrections counties to submit expenditure and cost statements; requiring sheriffs and local corrections to use a mental health screening tool approved by the commissioner of corrections in consultation with the commissioner of human services and local correction staff to identify persons with mental illness; modifying certain county board requirements for withdrawal of a county from a regional jail system; requiring the commissioner of corrections to develop a fair, firm and consistent protocol for inmates to have an opportunity to be released from disciplinary confinement in a timely matter; repealing certain provisions relating to licensing and supervision of institutions and facilities for sales to department of administration and for educational assessments report requirements
ARTICLE 7 - PUBLIC SAFETY
Classifying certain scrap metal dealer data; expanding registration requirements under the predatory offender registration law to include domestic assault by strangulation offenses; eliminating a reduction in the general fund base appropriation for the fire marshal program; adding legislators as nonvoting members of the gang and drug oversight council and the financial crimes oversight council; requiring an annual report from the financial crimes oversight council to the legislature; requiring the superintendent of the bureau of criminal apprehension (BCA) to develop certain educational materials relating to the laws governing scrap metal dealers, requiring the gathering of certain advice while developing educational materials and providing for material distribution; updating and clarifying membership provisions on the CriMNet task force; establishing reduced ignition propensity standards for cigarettes; defining certain terms; establishing a test method and performance standard; requiring manufacturer certification and package marking; prescribing penalties and remedies; authorizing commissioner of public safety and state fire marshal rulemaking; authorizing commissioner of revenue inspection and attorney general and state fire marshal records examination; establishing the reduced ignition propensity cigarette account; permitting sale of cigarettes not meeting standards outside the state; authorizing the firefighters training and education board to hire for technical or professional services; expanding record keeping requirements of scrap metal dealers purchases; defining certain terms; prohibiting scrap metal dealers from disclosing personal information relating to customers without consent, exception for law enforcement requests; eliminating the requirement to provide county sheriffs with copy of record; requiring scrap metal dealers to pay for purchases by check or electronic transfer and to register with the commissioner of public safety; requiring the review of educational materials by dealer and employees; providing penalties for noncompliance; providing an exemption for aluminum can purchases; providing for law enforcement to place an investigative hold on certain property believed to be stolen, requiring scrap metal dealers to install and maintain video security cameras; providing for state preemption over local regulation and repeal upon federal preemption; establishing a collateral sanctions committee to study collateral sanctions of adult convictions and juvenile adjudications and make recommendations to the legislature, requiring the sentencing guidelines commission to provide technical and research assistance to the committee with the assistance of the commissioners of public safety and corrections, specifying membership, providing for expenses, sunset provision
ARTICLE 8 - EMERGENCY COMMUNICATIONS
Permitting emergency 911 data to be used to notify the public of an emergency, defining emergency; providing immunity from liability for telecommunications service providers; increasing the 911 emergency telecommunications service fee; requiring wireless, wire line and packet based telecommunications service providers and providers found in dispute with the commissioner of public safety to submit sworn declarations certifying 911 (emergency) fee computation veracity; authorizing the commissioner to conduct a fee examination to document fee submission and sworn declarations; modifying operating cost allocation relating to the operation of the statewide public safety radio communication system; repealing certain language regarding operating cost allocation of the statewide public safety radio and communication system
(Ch. 54, 2007)