1.1 	A bill for an act
1.2 	relating to public safety; requiring the Criminal and Juvenile Justice Information 
1.3 	Policy Group to study and make recommendations to the legislature on the 
1.4 	automatic sealing of arrest records for persons not subsequently convicted of 
1.5 	the offense; making the existing Collateral Sanctions Committee permanent, 
1.6 	expanding its membership, and requiring it to report to the legislature; 
1.7 	appropriating money; proposing coding for new law in Minnesota Statutes, 
1.8 	chapter 244.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. [244.092] COLLATERAL SANCTIONS COMMITTEE.
1.11 		Subdivision 1.Establishment; duties. The Collateral Sanctions Committee shall 
1.12 	study collateral sanctions of adult convictions and juvenile adjudications. The committee 
1.13 	shall identify the uses of collateral sanctions of convictions and adjudications and make 
1.14 	recommendations to the legislature regarding any proposed changes relating to collateral 
1.15 	sanctions.
1.16 		Subd. 2.Resources. The Sentencing Guidelines Commission shall provide technical 
1.17 	and research assistance to the committee, with the assistance of the commissioner of 
1.18 	public safety and the commissioner of corrections.
1.19 		Subd. 3.Membership. The committee shall consist of:
1.20 	(1) the executive director of the Sentencing Guidelines Commission, who shall 
1.21 	serve as the committee's chair;
1.22 	(2) the commissioner of public safety, or designee;
1.23 	(3) the commissioner of corrections, or designee;
1.24 	(4) the attorney general, or designee;
1.25 	(5) the state public defender, or designee;
2.1 	(6) two senators, one representing the majority party and the other representing the 
2.2 	minority party, appointed by the Subcommittee on Committees of the senate Committee 
2.3 	on Rules and Administration, or their designees;
2.4 	(7) two representatives, one representing the majority party and the other 
2.5 	representing the minority party, appointed by the speaker of the house of representatives, 
2.6 	or their designees;
2.7 	(8) a crime victim's advocate, appointed by the commissioner of public safety;
2.8 	(9) a county attorney, appointed by the Minnesota County Attorneys Association;
2.9 	(10) a city attorney, appointed by the League of Minnesota Cities;
2.10 	(11) a district court judge, appointed by the Judicial Council;
2.11 	(12) a private criminal defense attorney, appointed by the Minnesota Association of 
2.12 	Criminal Defense Lawyers;
2.13 	(13) a probation officer, appointed by the Minnesota Association of County 
2.14 	Probation Officers;
2.15 	(14) two peace officers, one appointed by the Minnesota Sheriffs' Association and 
2.16 	the other appointed by the Minnesota Chiefs of Police Association;
2.17 	(15) two representatives with knowledge of housing issues, one of whom is a 
2.18 	landlord and the other a tenant, appointed by the commissioner of public safety;
2.19 	(16) a representative from the employment industry, appointed by the commissioner 
2.20 	of public safety;
2.21 	(17) a representative from a community crime prevention organization, appointed by 
2.22 	the commissioner of public safety;
2.23 	(18) a representative from a community of color, appointed by the commissioner of 
2.24 	public safety;
2.25 	(19) a representative who is an ex criminal offender, appointed by the commissioner 
2.26 	of public safety; and
2.27 	(20) a representative from an agency that provides reentry services to offenders 
2.28 	being released from incarceration, appointed by the commissioner of public safety.
2.29 		Subd. 4.Report and recommendations. By January 15 each year, the committee 
2.30 	shall present the legislature with a report summarizing its activities for the preceding year 
2.31 	and recommending any changes in law or policy it deems appropriate.
2.32 		Subd. 5.Expenses; committee is permanent. The provisions of section 15.059 
2.33 	apply to the committee except that it does not expire.
2.34 		Subd. 6.Definition. As used in this section, "collateral sanctions" has the meaning 
2.35 	given in section 609B.050, subdivision 1.

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

3.1 	Sec. 2. COLLATERAL SANCTIONS COMMITTEE; STUDY AND REPORT 
3.2 	REQUIRED.
 3.3 	(a) The Collateral Sanctions Committee described in Minnesota Statutes, section 
3.4 	244.092, shall study how collateral sanctions are addressed in other states and determine 
3.5 	best practices on this. In addition, the committee shall study issues relating to how 
3.6 	criminal convictions and adjudications affect an individual's employment and professional 
3.7 	licensing opportunities in Minnesota. The committee shall consider the policy implications 
3.8 	of providing a process to allow individuals currently prohibited from certain types of 
3.9 	employment or professional licensing because of a criminal record to seek a waiver. The 
3.10 	committee shall make recommendations on changes in law and policy in this area.
3.11 	(b) By January 15, 2008, the committee shall report its findings and recommendations 
3.12 	to the chairs and ranking minority members of the committees having jurisdiction over 
3.13 	criminal justice policy in the senate and house of representatives. 

3.14 	Sec. 3. STUDY ON AUTOMATICALLY SEALING ARREST RECORDS.
 3.15 		Subdivision 1.Study. The Criminal and Juvenile Justice Information Policy Group 
3.16 	described in Minnesota Statutes, section 299C.65, subdivision 1, shall study the issues 
3.17 	involved with the automatic sealing of arrest records for persons who are not subsequently 
3.18 	convicted of an offense related to the arrest. The policy group shall use S.F. No. 279, as 
3.19 	introduced in the 2007 legislative session, as a basis for discussions. The policy group 
3.20 	shall assume that arrest records of individuals who are not subsequently convicted of 
3.21 	an offense relating to the arrest should be automatically sealed. The policy group shall 
3.22 	address issues related to implementing this concept under the framework proposed in S.F. 
3.23 	No. 279, as introduced. The policy group shall review how other states address the sealing 
3.24 	of arrest records and determine best practices in this area. The policy group may make 
3.25 	recommendations on changes to the language or concepts in the original bill that are 
3.26 	deemed advisable, including compromise proposals. The policy group shall specifically 
3.27 	address technical and institutional roadblocks to implementing the concepts in S.F. No. 
3.28 	279, as introduced, if any, and propose solutions to these roadblocks. In addition, the 
3.29 	policy group shall estimate the state and local fiscal costs, if any, of automatically sealing 
3.30 	these records.
3.31 		Subd. 2.Consultation. The policy group shall consult with and seek advice from 
3.32 	the individuals associated with the background checks and expungements delivery team, 
3.33 	the Collateral Consequences Committee, and the Council on Crime and Justice.
4.1 		Subd. 3.Definition. As used in this section, "arrest records" include all records 
4.2 	relating to an arrest, including law enforcement, court, Bureau of Criminal Apprehension, 
4.3 	and prosecution records.
4.4 		Subd. 4.Report. By January 15, 2008, the policy group shall report its findings and 
4.5 	recommendations to the chairs and ranking minority members of the senate and house of 
4.6 	representatives committees having jurisdiction over criminal justice policy. The report 
4.7 	must include recommended statutory language to best implement the intent of S.F. No. 
4.8 	279, as introduced, a summary of the practices of other states on the sealing of arrest 
4.9 	records, and a finding on best practices in this area.

4.10 	Sec. 4. APPROPRIATIONS.
 4.11 	(a) $....... is appropriated to the commissioner of public safety from the general 
4.12 	fund for the fiscal year ending June 30, 2008, to assist the Criminal and Juvenile Justice 
4.13 	Information Policy Group in conducting the study described in section 3.
4.14 	(b) $....... for the fiscal year ending June 30, 2008, and $....... for the fiscal year 
4.15 	ending June 30, 2009, are appropriated from the general fund to the Sentencing Guidelines 
4.16 	Commission for the Collateral Sanctions Committee described in Minnesota Statutes, 
4.17 	section 244.092. This money is to be used for staffing, conducting research, conducting 
4.18 	public hearings, reimbursing committee members for reasonable expenses, and for the 
4.19 	report described in section 2.