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; expanding membership of the Collateral Sanctions Committee and 
1.6 	requiring it to report to the legislature; appropriating money.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. COLLATERAL SANCTIONS COMMITTEE.
 1.9 		Subdivision 1.Establishment; duties. The Collateral Sanctions Committee shall 
1.10 	study collateral sanctions of adult convictions and juvenile adjudications. The committee 
1.11 	shall identify the uses of collateral sanctions of convictions and adjudications and make 
1.12 	recommendations to the legislature regarding any proposed changes relating to collateral 
1.13 	sanctions.
1.14 		Subd. 2.Resources. The Sentencing Guidelines Commission shall provide technical 
1.15 	and research assistance to the committee, with the assistance of the commissioner of 
1.16 	public safety and the commissioner of corrections.
1.17 		Subd. 3.Membership. The committee shall consist of:
1.18 	(1) the executive director of the Sentencing Guidelines Commission, who shall serve 
1.19 	as the committee's chair and convening authority;
1.20 	(2) the commissioner of public safety, or designee;
1.21 	(3) the commissioner of corrections, or designee;
1.22 	(4) the attorney general, or designee;
1.23 	(5) the state public defender, or designee;
1.24 	(6) a crime victim's advocate, appointed by the commissioner of public safety;
1.25 	(7) a county attorney, appointed by the Minnesota County Attorneys Association;
2.1 	(8) a city attorney, appointed by the League of Minnesota Cities;
2.2 	(9) a district court judge, appointed by the Judicial Council;
2.3 	(10) a private criminal defense attorney, appointed by the Minnesota Association of 
2.4 	Criminal Defense Lawyers;
2.5 	(11) a probation officer, appointed by the Minnesota Association of County 
2.6 	Probation Officers;
2.7 	(12) two peace officers, one appointed by the Minnesota Sheriffs' Association and 
2.8 	the other appointed by the Minnesota Chiefs of Police Association;
2.9 	(13) two members with knowledge of housing issues, one of whom is a landlord and 
2.10 	the other a tenant, appointed by the commissioner of public safety;
2.11 	(14) a member from the employment industry, appointed by the commissioner of 
2.12 	public safety;
2.13 	(15) a member from a community crime prevention organization, appointed by the 
2.14 	commissioner of public safety;
2.15 	(16) a member from a community of color, appointed by the commissioner of 
2.16 	public safety;
2.17 	(17) a member who is an ex criminal offender, appointed by the commissioner of 
2.18 	public safety; and
2.19 	(18) a member from an agency that provides reentry services to offenders being 
2.20 	released from incarceration, appointed by the commissioner of public safety.
2.21 		Subd. 4.Expenses. The provisions of Minnesota Statutes, section 15.059, apply to 
2.22 	the committee.
2.23 		Subd. 5.Definition. As used in this section, "collateral sanctions" has the meaning 
2.24 	given in Minnesota Statutes, section 609B.050, subdivision 1.

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

2.26 	Sec. 2. COLLATERAL SANCTIONS COMMITTEE; STUDY AND REPORT 
2.27 	REQUIRED.
 2.28 	(a) The Collateral Sanctions Committee described in  section 1, shall study how 
2.29 	collateral sanctions are addressed in other states and determine best practices on this. 
2.30 	In addition, the committee shall study issues relating to how criminal convictions and 
2.31 	adjudications affect an individual's employment and professional licensing opportunities 
2.32 	in Minnesota. The committee shall consider the policy implications of providing a process 
2.33 	to allow individuals currently prohibited from certain types of employment or professional 
2.34 	licensing because of a criminal record to seek a waiver. The committee shall make 
2.35 	recommendations on changes in law and policy it deems appropriate in this area.
3.1 	(b) By January 15, 2008, the committee shall report its findings and recommendations 
3.2 	to the chairs and ranking minority members of the committees having jurisdiction over 
3.3 	criminal justice policy in the senate and house of representatives. 
3.4 	(c) The committee expires after the submission of the report required by paragraph 
3.5 	(b).

3.6 	Sec. 3. STUDY ON AUTOMATICALLY SEALING ARREST RECORDS.
 3.7 		Subdivision 1.Study. The Criminal and Juvenile Justice Information Policy Group 
3.8 	described in Minnesota Statutes, section 299C.65, subdivision 1, shall study the issues 
3.9 	involved with the automatic sealing of arrest records for persons who are not subsequently 
3.10 	convicted of an offense related to the arrest. The policy group shall use  the following 
3.11 	framework. The policy group shall assume that arrest records of individuals who are not 
3.12 	subsequently convicted of an offense relating to the arrest should be automatically sealed. 
3.13 	The policy group shall address issues related to implementing this concept under the 
3.14 	framework below: 
3.15 	(1) arrest data not leading to a referral for prosecution shall be sealed by the arresting 
3.16 	law enforcement agency on the expiration of 180 days from the date of the arrest. The 
3.17 	arresting agency shall also notify all other criminal justice agencies to which it has 
3.18 	transmitted the data that the data in their possession shall be sealed;
3.19 	(2) upon a declination of charges or upon successful completion of a precharge 
3.20 	diversion program, arrest and prosecution data shall thereafter be sealed. It shall be the 
3.21 	responsibility of the prosecuting agency to seal the prosecution data pertaining to the 
3.22 	action and to notify the superintendent of the Bureau of Criminal Apprehension, and the 
3.23 	heads of all appropriate law enforcement agencies that the records related to the action 
3.24 	shall be sealed;
3.25 	(3) (i) upon a favorable resolution as defined below all criminal justice agency and 
3.26 	court records pertaining to the action shall thereafter be sealed. A favorable resolution 
3.27 	means the following:
3.28 	(A) charges against a person were dismissed without a plea of guilt;
3.29 	(B) the person was acquitted;
3.30 	(C) charges against the person were dismissed pursuant to a continuance for 
3.31 	dismissal or a stay of adjudication;
3.32 	(D) charges against the person were dismissed upon successful completion of a 
3.33 	pretrial diversion program with or without a plea of guilt; and
3.34 	(E) upon the dismissal and discharge of proceedings against a person under 
3.35 	Minnesota Statutes, section 152.18; and
4.1 	(ii) it shall be the responsibility of the clerk of courts to seal the judicial records 
4.2 	pertaining to the action, and to notify the superintendent of the Bureau of Criminal 
4.3 	Apprehension, the Department of Corrections, the prosecuting attorney, and the heads of 
4.4 	all appropriate law enforcement agencies that the criminal justice agency records related 
4.5 	to the action shall be sealed;
4.6 	(4) automatically sealed data shall be transmittable between and among criminal 
4.7 	justice agencies and the courts. Sealed records shall be available to evaluate a prospective 
4.8 	employee in a criminal justice agency;
4.9 	(5) data relating to arrests, charges, or convictions for the following crimes shall not 
4.10 	be automatically sealed:
4.11 	(i) domestic abuse data, as defined in Minnesota Statutes, section 13.82, subdivision 
4.12 	5, and to court and prosecution data related to a domestic abuse charge;
4.13 	(ii) data for crime victims as defined in Minnesota Statutes, section 13.82, 
4.14 	subdivision 13; and
4.15 	(iii) arrests or charges for crimes listed in Minnesota Statutes, section 364.09, 
4.16 	paragraph (a), clauses (1) to (3); and
4.17 	(6) the provisions of an automatic sealing statute shall not affect or repeal Minnesota 
4.18 	Statutes, chapter 609A, or Minnesota Statutes, section 299C.11. The policy group shall 
4.19 	review how other states address the sealing of arrest records and determine best practices 
4.20 	in this area. The policy group may make recommendations on changes to the policy 
4.21 	framework set out above that are deemed advisable, including compromise proposals. 
4.22 	The policy group shall specifically address technical and institutional roadblocks, if any, 
4.23 	to implement the framework set out above and propose solutions to these roadblocks. 
4.24 	In addition, the policy group shall estimate the state and local fiscal costs, if any, of 
4.25 	automatically sealing these records.
4.26 		Subd. 2.Consultation. The policy group shall consult with and seek advice from 
4.27 	the individuals associated with the background checks and expungements delivery team, 
4.28 	the Collateral Consequences Committee, and the Council on Crime and Justice.
4.29 		Subd. 3.Definition. As used in this section, "arrest records" include all records 
4.30 	relating to an arrest, including law enforcement, court, Bureau of Criminal Apprehension, 
4.31 	and prosecution records.
4.32 		Subd. 4.Report. By January 15, 2008, the policy group shall report its findings and 
4.33 	recommendations to the chairs and ranking minority members of the senate and house of 
4.34 	representatives committees having jurisdiction over criminal justice policy. The report 
4.35 	must include recommended statutory language to best implement the intent of the policy 
5.1 	framework set out above, a summary of the practices of other states on the sealing of 
5.2 	arrest records, and a finding on best practices in this area.

5.3 	Sec. 4. APPROPRIATIONS.
 5.4 	(a) $....... is appropriated to the commissioner of public safety from the general 
5.5 	fund for the fiscal year ending June 30, 2008, to assist the Criminal and Juvenile Justice 
5.6 	Information Policy Group in conducting the study described in section 3.
5.7 	(b) $....... for the fiscal year ending June 30, 2008, and $....... for the fiscal year 
5.8 	ending June 30, 2009, are appropriated from the general fund to the Sentencing Guidelines 
5.9 	Commission for the Collateral Sanctions Committee described in section 1. This money 
5.10 	is to be used for staffing, conducting research, conducting public hearings, reimbursing 
5.11 	committee members for reasonable expenses, and for the report described in section 2.