HF 2996

1st Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to public safety; requiring the commissioner of corrections to develop a 1.3marketing plan for MINNCOR industries; establishing a controlled substance 1.4law working group; requiring the commissioner of corrections to conduct an 1.5internal review of parole and supervised release procedures and sanctions; 1.6prohibiting use of nonconviction criminal records for private employment 1.7purposes; providing immunity from negligent hiring in certain cases involving 1.8criminal records; authorizing the judicial branch to collect convenience fees on 1.9credit card payments; establishing certificates of good conduct; giving the board 1.10of public defense and district courts greater flexibility in the use of appropriations 1.11for this biennium; authorizing courts to take certain actions relating to military 1.12veterans with mental illnesses who have been convicted of a crime; removing a 1.13sunset on the law governing Internet access to Bureau of Criminal Apprehension 1.14data; making technical correction to provision relating to financing the statewide 1.15public safety radio system; appropriating money;amending Minnesota Statutes 1.162006, sections 13.87, subdivision 3; 241.27, by adding a subdivision; 364.03, 1.17subdivision 3; 364.09; 373.47, subdivision 1; 609.115, by adding a subdivision; 1.18609A.03, subdivisions 1, 2; 611A.06, subdivision 1a; Laws 2007, chapter 54, 1.19article 1, sections 5; 9; proposing coding for new law in Minnesota Statutes, 1.20chapters 364; 480; repealing Minnesota Statutes 2006, section 609.103. 1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.22    Section 1. Minnesota Statutes 2006, section 13.87, subdivision 3, is amended to read: 1.23    Subd. 3. Internet access. (a) The Bureau of Criminal Apprehension shall establish 1.24and maintain an Internet Web site containing public criminal history data by July 1, 2004. 1.25    (b) Notwithstanding section 13.03, subdivision 3, paragraph (a), the bureau may 1.26charge a fee for Internet access to public criminal history data provided through August 1, 1.272005. The fee may not exceed $5 per inquiry or the amount needed to recoup the actual 1.28cost of implementing and providing Internet access, whichever is less. Fees collected must 1.29be deposited in the general fund as a nondedicated receipt. 2.1    (c) The Web site must include a notice to the subject of data of the right to contest 2.2the accuracy or completeness of data, as provided under section 13.04, subdivision 4, 2.3and provide a telephone number and address that the subject may contact for further 2.4information on this process. 2.5    (d) The Web site must include the effective date of data that is posted. 2.6    (e) The Web site must include a description of the types of criminal history data not 2.7available on the site, including arrest data, juvenile data, criminal history data from other 2.8states, federal data, data on convictions where 15 years have elapsed since discharge of the 2.9sentence, and other data that are not accessible to the public. 2.10    (f) A person who intends to access the Web site to obtain information regarding an 2.11applicant for employment, housing, or credit must disclose to the applicant the intention to 2.12do so. The Web site must include a notice that a person obtaining such access must notify 2.13the applicant when a background check using this Web site has been conducted. 2.14    (g) This subdivision does not create a civil cause of action on behalf of the data 2.15subject. 2.16    (h) This subdivision expires July 31, 2007. 2.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from July 31, 2007. new text end 2.18    Sec. 2. Minnesota Statutes 2006, section 241.27, is amended by adding a subdivision 2.19to read: 2.20     new text begin Subd. 1a. new text end new text begin Marketing plan. new text end new text begin The commissioner of corrections, in conjunction with new text end 2.21 new text begin the commissioner of employment and economic development, shall develop and maintain new text end 2.22 new text begin a formal marketing plan to attract private sector businesses and industries to employ new text end 2.23 new text begin inmate services through MINNCOR industries. The plan shall be reviewed and updated new text end 2.24 new text begin annually by the commissioner of corrections. new text end 2.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 2.26    Sec. 3. Minnesota Statutes 2006, section 364.03, subdivision 3, is amended to read: 2.27    Subd. 3. Evidence of rehabilitation. (a) A person who has been convicted of a 2.28crime or crimes which directly relate to the public employment sought or to the occupation 2.29for which a license is sought shall not be disqualified from the employment or occupation 2.30if the person can show competent evidence of sufficient rehabilitation and present fitness 2.31to perform the duties of the public employment sought or the occupation for which 2.32the license is sought. Sufficient evidence of rehabilitation may be established by the 2.33production of new text begin a certificate of good conduct under section 364.19 or new text end : 3.1    (1) a copy of the local, state, or federal release order; and 3.2    (2) evidence showing that at least one year has elapsed since release from any local, 3.3state, or federal correctional institution without subsequent conviction of a crime; and 3.4evidence showing compliance with all terms and conditions of probation or parole; or 3.5    (3) a copy of the relevant Department of Corrections discharge order or other 3.6documents showing completion of probation or parole supervision. 3.7    (b) In addition to the documentary evidence presented, the licensing or hiring 3.8authority shall consider any evidence presented by the applicant regarding: 3.9    (1) the nature and seriousness of the crime or crimes for which convicted; 3.10    (2) all circumstances relative to the crime or crimes, including mitigating 3.11circumstances or social conditions surrounding the commission of the crime or crimes; 3.12    (3) the age of the person at the time the crime or crimes were committed; 3.13    (4) the length of time elapsed since the crime or crimes were committed; and 3.14    (5) all other competent evidence of rehabilitation and present fitness presented, 3.15including, but not limited to, letters of reference by persons who have been in contact with 3.16the applicant since the applicant's release from any local, state, or federal correctional 3.17institution. 3.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 3.19    Sec. 4. Minnesota Statutes 2006, section 364.09, is amended to read: 3.20364.09 EXCEPTIONS. 3.21    (a) This chapter does not apply to the licensing process for peace officers; new text begin , new text end to law 3.22enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); new text begin , or new text end to fire 3.23protection agencies; new text begin . Sections 364.01 to 364.10 do not apply new text end to eligibility for a private 3.24detective or protective agent license; to the licensing and background study process under 3.25chapters 245A and 245C; to eligibility for school bus driver endorsements; to eligibility 3.26for special transportation service endorsements; to eligibility for a commercial driver 3.27training instructor license, which is governed by section 171.35 and rules adopted under 3.28that section; to emergency medical services personnel, or to the licensing by political 3.29subdivisions of taxicab drivers, if the applicant for the license has been discharged from 3.30sentence for a conviction within the ten years immediately preceding application of a 3.31violation of any of the following: 3.32    (1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23, 3.33subdivision 2 or 3 ; 4.1    (2) any provision of chapter 152 that is punishable by a maximum sentence of 4.215 years or more; or 4.3    (3) a violation of chapter 169 or 169A involving driving under the influence, leaving 4.4the scene of an accident, or reckless or careless driving. 4.5This chapter also shall not apply to eligibility for juvenile corrections employment, where 4.6the offense involved child physical or sexual abuse or criminal sexual conduct. 4.7    (b) This chapter does new text begin Sections 364.01 to 364.10 do new text end not apply to a school district or 4.8to eligibility for a license issued or renewed by the Board of Teaching or the commissioner 4.9of education. 4.10    (c) Nothing in this section precludes the Minnesota Police and Peace Officers 4.11Training Board or the state fire marshal from recommending policies set forth in this 4.12chapter to the attorney general for adoption in the attorney general's discretion to apply to 4.13law enforcement or fire protection agencies. 4.14    (d) This chapter does new text begin Sections 364.01 to 364.10 do new text end not apply to a license to practice 4.15medicine that has been denied or revoked by the Board of Medical Practice pursuant to 4.16section 147.091, subdivision 1a. 4.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 4.18    Sec. 5. new text begin [364.19] CERTIFICATE OF GOOD CONDUCT. new text end 4.19     new text begin Subdivision 1. new text end new text begin Petition; filing fee. new text end new text begin (a) A person who has been convicted or new text end 4.20 new text begin adjudicated delinquent for a crime may petition a court for a certificate of good conduct as new text end 4.21 new text begin provided in this section. A petition may seek a certificate for a single crime or multiple new text end 4.22 new text begin crimes. When filing the petition, the person shall pay a filing fee in the amount required new text end 4.23 new text begin under section 357.021, subdivision 2, clause (1). new text end 4.24     new text begin (b) A person is not eligible for a certificate of good conduct and may not file a new text end 4.25 new text begin petition under this section if the person has filed a petition for a certificate of good conduct new text end 4.26 new text begin or expungement in the past two years. new text end 4.27     new text begin Subd. 2. new text end new text begin Contents of petition. new text end new text begin (a) A petition for a certificate of good conduct must new text end 4.28 new text begin be signed under oath by the petitioner and state the following: new text end 4.29     new text begin (1) the petitioner's full name and all other legal names or aliases by which the new text end 4.30 new text begin petitioner has been known at any time; new text end 4.31     new text begin (2) the petitioner's date of birth; new text end 4.32     new text begin (3) all of the petitioner's addresses from the date of the offense in connection with new text end 4.33 new text begin which a certificate is sought, to the date of the petition; new text end 4.34     new text begin (4) why the certificate is sought and why it should be granted; new text end 5.1     new text begin (5) the details of the offense for which the certificate is sought, including the date new text end 5.2 new text begin and jurisdiction of the offense; either the names of any victims or that there were no new text end 5.3 new text begin identifiable victims; whether there is a current order for protection, restraining order, or new text end 5.4 new text begin other no contact order prohibiting the petitioner from contacting the victims or whether new text end 5.5 new text begin there has ever been a prior order for protection or restraining order prohibiting the new text end 5.6 new text begin petitioner from contacting the victims; the court file number; and the date of conviction; new text end 5.7     new text begin (6) what steps the petitioner has taken since the time of the offense toward personal new text end 5.8 new text begin rehabilitation, including treatment, work, or other personal history that demonstrates new text end 5.9 new text begin rehabilitation; new text end 5.10     new text begin (7) the petitioner's criminal conviction record indicating all convictions for new text end 5.11 new text begin misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable new text end 5.12 new text begin convictions in any other state, federal court, or foreign country, whether the convictions new text end 5.13 new text begin occurred before or after the conviction for which the certificate is sought; new text end 5.14     new text begin (8) the petitioner's criminal charges record indicating all prior and pending criminal new text end 5.15 new text begin charges against the petitioner in this state or another jurisdiction, including all criminal new text end 5.16 new text begin charges that have been continued for dismissal or stayed for adjudication, or have been the new text end 5.17 new text begin subject of pretrial diversion; and new text end 5.18     new text begin (9) all prior requests by the petitioner, whether for the present offense or for any new text end 5.19 new text begin other offenses, in this state or any other state or federal court, for pardon, return of arrest new text end 5.20 new text begin records, expungement or sealing of a criminal record, or certificate of good conduct or new text end 5.21 new text begin similar certificate, whether granted or not, and all stays of adjudication or imposition of new text end 5.22 new text begin sentence involving the petitioner. new text end 5.23     new text begin (b) If there is a current order for protection, restraining order, or other no contact new text end 5.24 new text begin order prohibiting the petitioner from contacting the victims or there has ever been a prior new text end 5.25 new text begin order for protection or restraining order prohibiting the petitioner from contacting the new text end 5.26 new text begin victims, the petitioner shall attach a copy of the order to the petition. new text end 5.27     new text begin Subd. 3. new text end new text begin Service of petition and proposed order. new text end new text begin (a) The petitioner shall serve by new text end 5.28 new text begin mail the petition for a certificate of good conduct and a proposed certificate order on the new text end 5.29 new text begin prosecutorial office that had jurisdiction over the offense for which the certificate is sought. new text end 5.30     new text begin (b) The prosecutorial office that had jurisdiction over the offense for which the new text end 5.31 new text begin certificate is sought shall serve by mail the petition for the certificate and the proposed new text end 5.32 new text begin certificate order on any victims of the offense for which the certificate is sought who have new text end 5.33 new text begin requested notice pursuant to section new text end new text begin . Service under this paragraph does not new text end 5.34 new text begin constitute a violation of an existing order for protection, restraining order, or other no new text end 5.35 new text begin contact order. new text end 6.1     new text begin (c) The prosecutorial office's notice to victims of the offense under this subdivision new text end 6.2 new text begin must specifically inform the victims of the victims' right to be present and to submit an new text end 6.3 new text begin oral or written statement at the hearing described in subdivision 4. new text end 6.4     new text begin Subd. 4. new text end new text begin Hearing. new text end new text begin If the petition is filed in the judicial district where the offender new text end 6.5 new text begin was sentenced, the sentencing judge should preside over the hearing when possible. A new text end 6.6 new text begin victim of the offense for which a certificate is sought has a right to submit an oral or new text end 6.7 new text begin written statement to the court at the time of the hearing describing any conduct of the new text end 6.8 new text begin offender that has occurred after the offender's sentencing that is relevant to the issue of new text end 6.9 new text begin whether the offender has been rehabilitated, including the effect of this conduct upon the new text end 6.10 new text begin victim. The judge shall consider the victim's statement when making a decision. new text end 6.11     new text begin Subd. 5. new text end new text begin Eligibility. new text end new text begin A person is eligible for a certificate of good conduct under this new text end 6.12 new text begin section if the following conditions are met: new text end 6.13     new text begin (1) the person has been successfully discharged from the sentence imposed for the new text end 6.14 new text begin offense for which the certificate is sought and is not under correctional supervision for new text end 6.15 new text begin any other offense; new text end 6.16     new text begin (2) the person is not currently required to register as a predatory offender under new text end 6.17 new text begin section 243.166; new text end 6.18     new text begin (3) the person has been law abiding for the following period immediately preceding new text end 6.19 new text begin the filing of the petition: (i) for a person convicted of a crime against the person or who new text end 6.20 new text begin was required to register as a predatory offender, five years; or (ii) for all other persons, new text end 6.21 new text begin three years; new text end 6.22     new text begin (4) the person demonstrates rehabilitation, which may be shown, among other new text end 6.23 new text begin ways, by evidence of the person's good character, employment, volunteer activities, or new text end 6.24 new text begin participation in vocational, educational, treatment, or rehabilitation programs; new text end 6.25     new text begin (5) the person has paid or the court determines the person is making a good faith new text end 6.26 new text begin and consistent effort to pay court-ordered fines, restitution, and other costs related to the new text end 6.27 new text begin crime for which the certificate is sought; new text end 6.28     new text begin (6) for petitions for certificates for crimes where an element of the offense involved new text end 6.29 new text begin alcohol or a controlled substance, that the person is not abusing alcohol or using a new text end 6.30 new text begin controlled substance; new text end 6.31     new text begin (7) the issuance of the certificate is consistent with the public interest; and new text end 6.32     new text begin (8) any other factor deemed relevant by the court, including, but not limited to, the new text end 6.33 new text begin severity of the conduct that constituted the offense for which the certificate is sought. new text end 6.34     new text begin Subd. 6. new text end new text begin Issuance of certificate. new text end new text begin A judge shall issue a certificate of good conduct new text end 6.35 new text begin to a petitioner if the petitioner establishes by a preponderance of the evidence that the new text end 7.1 new text begin petitioner meets the eligibility requirements specified in subdivisions 1, paragraph (b); 5, new text end 7.2 new text begin clauses (1) to (7); and any other factor required by the court under subdivision 5, clause (8). new text end 7.3     new text begin Subd. 7. new text end new text begin Record with Bureau of Criminal Apprehension. new text end new text begin After ruling on a new text end 7.4 new text begin petition under this section, the court shall notify the Bureau of Criminal Apprehension of new text end 7.5 new text begin the court's ruling. The bureau shall record the court's ruling on the petitioner's criminal new text end 7.6 new text begin record. new text end 7.7     new text begin Subd. 8. new text end new text begin Effect of certificate. new text end new text begin (a) A certificate of good conduct issued under this new text end 7.8 new text begin section creates a presumption of rehabilitation in favor of the person to whom it was new text end 7.9 new text begin issued and relieves the person of any state-imposed collateral sanction, as defined in new text end 7.10 new text begin section 609B.050, relating to eligibility for housing, employment, or professional or new text end 7.11 new text begin occupational licensing arising from a crime for which the certificate was issued. For new text end 7.12 new text begin background studies under chapter 245C, the commissioner of human services may not new text end 7.13 new text begin disqualify any individual solely for a crime for which the individual has received a new text end 7.14 new text begin certificate of good conduct. When an individual obtains a certificate of good conduct for new text end 7.15 new text begin a crime for which the commissioner of human services had previously disqualified the new text end 7.16 new text begin individual, upon presentation of the certificate of good conduct by the individual, the new text end 7.17 new text begin commissioner shall rescind the relevant disqualification. new text end 7.18     new text begin (b) A certificate of good conduct has no effect on collateral sanctions that are new text end 7.19 new text begin unrelated to housing, employment, or licensing. new text end 7.20     new text begin (c) Consistent with paragraph (a) and other applicable law, a housing or licensing new text end 7.21 new text begin authority or employer may, but is not required to, take into account a conviction that is new text end 7.22 new text begin the subject of a certificate of good conduct when making a housing, licensing, or hiring new text end 7.23 new text begin decision. new text end 7.24     new text begin (d) A housing or licensing authority or employer is not civilly or criminally liable for new text end 7.25 new text begin relying on a certificate of good conduct when offering housing, employment, or licensing new text end 7.26 new text begin to a person. This paragraph does not relieve a person from any other legal duty in making new text end 7.27 new text begin a housing, employment, or licensing decision not related to the conduct that is the subject new text end 7.28 new text begin of the certificate of good conduct. new text end 7.29     new text begin (e) Evidence relating to a conviction for which a certificate of good conduct has been new text end 7.30 new text begin issued is inadmissible in a civil action against a housing or licensing authority or employer new text end 7.31 new text begin for negligence or other fault in renting, leasing, licensing, or hiring if the authority or new text end 7.32 new text begin employer relied on the certificate when making the underlying decision. new text end 7.33     new text begin (f) The existence of a certificate of good conduct is admissible as evidence of new text end 7.34 new text begin reasonable care by a person who relied on it when making a housing, licensing, or hiring new text end 7.35 new text begin decision related to the subject of the certificate. new text end 8.1     new text begin Subd. 9. new text end new text begin Revocation. new text end new text begin A certificate of good conduct is revoked by operation of law new text end 8.2 new text begin if the subject of the certificate is subsequently convicted or adjudicated delinquent for new text end 8.3 new text begin a new crime. new text end 8.4     new text begin Subd. 10. new text end new text begin Limited effect. new text end new text begin A certificate of good conduct has only the effect given new text end 8.5 new text begin in this section. A certificate does not act as a pardon or expungement. The certificate new text end 8.6 new text begin does not relieve the person to whom it was issued of any collateral sanctions or legal new text end 8.7 new text begin disabilities related to predatory offender registration, eligibility to possess firearms, or new text end 8.8 new text begin driver's license sanctions. new text end 8.9     new text begin Subd. 11. new text end new text begin Crime for misuse. new text end new text begin Unless a greater penalty is specified elsewhere in new text end 8.10 new text begin statute, a person who knowingly uses or attempts to use a revoked certificate of good new text end 8.11 new text begin conduct or who fraudulently alters or forges a certificate of good conduct is guilty of a new text end 8.12 new text begin misdemeanor. new text end 8.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 8.14    Sec. 6. new text begin [364.20] USE OF NONCONVICTION RECORDS BY PRIVATE new text end 8.15 new text begin EMPLOYERS; IMMUNITY FROM CIVIL LIABILITY. new text end 8.16     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For purposes of this section: new text end 8.17     new text begin (1) "conviction" has the meaning given in section 609.02, subdivision 5; new text end 8.18     new text begin (2) "nonconviction criminal record" means a record of an arrest, citation, complaint, new text end 8.19 new text begin prosecution, or other record relating to a criminal proceeding that is not pending and did new text end 8.20 new text begin not result in a conviction; stayed sentence under section 152.18, subdivision 1; or referral new text end 8.21 new text begin to a diversion program; and new text end 8.22     new text begin (3) "private employer" means a person hiring or employing individuals in this state, new text end 8.23 new text begin but does not include the state or a political subdivision of the state governed by sections new text end 8.24 new text begin 364.01 to 364.10. new text end 8.25     new text begin Subd. 2. new text end new text begin Use of nonconviction records for private employment. new text end new text begin Unless a new text end 8.26 new text begin criminal background investigation is specifically required or permitted by law, a private new text end 8.27 new text begin employer must not: new text end 8.28     new text begin (1) request information regarding a nonconviction criminal record from an employee new text end 8.29 new text begin or prospective employee or obtain access to a nonconviction criminal record from another new text end 8.30 new text begin source; or new text end 8.31     new text begin (2) take adverse action against an employee or prospective employee based on a new text end 8.32 new text begin nonconviction criminal record. new text end 8.33     new text begin Subd. 3. new text end new text begin Affirmative defense. new text end new text begin (a) To the extent a criminal record as of the date an new text end 8.34 new text begin individual was hired is alleged as the basis for negligent hiring, a private employer shall new text end 8.35 new text begin not be held liable for the hiring of the individual if the employer establishes that they new text end 9.1 new text begin followed the provisions applicable to public employers in section 364.03 and reasonably new text end 9.2 new text begin determined that: new text end 9.3     new text begin (1) the conviction did not directly relate to the position of employment being sought; new text end 9.4 new text begin or new text end 9.5     new text begin (2) the individual showed evidence of sufficient rehabilitation and present fitness to new text end 9.6 new text begin perform the duties of the employment being sought. new text end 9.7     new text begin (b) This subdivision does not create any duty on the part of an employer to follow new text end 9.8 new text begin the provisions of paragraph (a). new text end 9.9     new text begin Subd. 4. new text end new text begin Remedy. new text end new text begin A private employer who violates subdivision 2 is liable to the new text end 9.10 new text begin individual who is the subject of the criminal record for $1,000 or actual damages caused new text end 9.11 new text begin by the violation, whichever is greater, plus costs and disbursements and reasonable new text end 9.12 new text begin attorney fees. new text end 9.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2008. new text end 9.14    Sec. 7. Minnesota Statutes 2006, section 373.47, subdivision 1, is amended to read: 9.15    Subdivision 1. Authority to incur debt. Subject to prior approval by the Public 9.16Safety Radio System Planning Committee new text begin Statewide Radio Board new text end under section 403.36, 9.17the governing body of a county may finance the cost of designing, constructing, and 9.18acquiring public safety communication system infrastructure and equipment for use on the 9.19statewide, shared public safety radio system by issuing: 9.20    (1) capital improvement bonds under section 373.40, as if the infrastructure and 9.21equipment qualified as a "capital improvement" within the meaning of section 373.40, 9.22subdivision 1 , paragraph (b); and 9.23    (2) capital notes under the provisions of section 373.01, subdivision 3, as if the 9.24equipment qualified as "capital equipment" within the meaning of section 373.01, 9.25subdivision 3 . 9.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2008. new text end 9.27    Sec. 8. new text begin [480.237] ELECTRONIC PAYMENTS; CONVENIENCE FEES; new text end 9.28 new text begin RECORDS ACCESS. new text end 9.29     new text begin (a) The judicial branch may accept credit cards, charge cards, debit cards, or other new text end 9.30 new text begin methods of electronic funds transfer for government fees and payments ordered by a court. new text end 9.31     new text begin (b) The judicial branch may impose a convenience fee to be added to each new text end 9.32 new text begin transaction. The total amount of the convenience fee may not exceed the transaction fee new text end 9.33 new text begin charged by a processing contractor for the credit services during the most recent collection new text end 10.1 new text begin period. Each court imposing a convenience fee must notify the person using the credit new text end 10.2 new text begin services of the fee before the transaction is processed. Fees collected under this section new text end 10.3 new text begin are appropriated to the level of court that imposed the fee for the purposes of paying new text end 10.4 new text begin the processing contractor. new text end 10.5     new text begin (c) Records relating to credit card, charge card, debit card, or other method of new text end 10.6 new text begin electronic funds transfer account numbers collected by the judicial branch in connection new text end 10.7 new text begin with a transaction under this section are not accessible to the general public. new text end 10.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 10.9    Sec. 9. Minnesota Statutes 2006, section 609.115, is amended by adding a subdivision 10.10to read: 10.11     new text begin Subd. 10. new text end new text begin Military veterans. new text end new text begin (a) When a defendant appears in court and is new text end 10.12 new text begin convicted of a crime, the court shall inquire whether the defendant is currently serving in new text end 10.13 new text begin or is a veteran of the armed forces of the United States. new text end 10.14     new text begin (b) If the defendant is currently serving in the military or is a veteran and has been new text end 10.15 new text begin diagnosed as having a mental illness by a qualified psychiatrist or clinical psychologist or new text end 10.16 new text begin physician, the court may: new text end 10.17     new text begin (1) order that the officer preparing the report under subdivision 1 consult with the new text end 10.18 new text begin United States Department of Veterans Affairs, Minnesota Department of Veterans Affairs, new text end 10.19 new text begin or another agency or person with suitable knowledge or experience, for the purpose new text end 10.20 new text begin of providing the court with information regarding treatment options available to the new text end 10.21 new text begin defendant, including federal, state, and local programming; and new text end 10.22     new text begin (2) consider the treatment recommendations of any diagnosing or treating mental new text end 10.23 new text begin health professionals together with the treatment options available to the defendant in new text end 10.24 new text begin imposing sentence. new text end 10.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2008. new text end 10.26    Sec. 10. Minnesota Statutes 2006, section 609A.03, subdivision 1, is amended to read: 10.27    Subdivision 1. Petition; filing fee. new text begin (a) new text end An individual who is the subject of a criminal 10.28record who is seeking the expungement of the record shall file a petition under this section 10.29and pay a filing fee in the amount required under section 357.021, subdivision 2, clause 10.30(1). The filing fee may be waived in cases of indigency and shall be waived in the cases 10.31described in section 609A.02, subdivision 3. 11.1     new text begin (b) A person is not eligible for an expungement and may not file a petition under new text end 11.2 new text begin this chapter if the person has filed a petition for an expungement or a certificate of good new text end 11.3 new text begin conduct under section 364.19 in the past two years. new text end 11.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 11.5    Sec. 11. Minnesota Statutes 2006, section 609A.03, subdivision 2, is amended to read: 11.6    Subd. 2. Contents of petition. (a) A petition for expungement shall be signed under 11.7oath by the petitioner and shall state the following: 11.8    (1) the petitioner's full name and all other legal names or aliases by which the 11.9petitioner has been known at any time; 11.10    (2) the petitioner's date of birth; 11.11    (3) all of the petitioner's addresses from the date of the offense or alleged offense in 11.12connection with which an expungement order is sought, to the date of the petition; 11.13    (4) why expungement is sought, if it is for employment or licensure purposes, the 11.14statutory or other legal authority under which it is sought, and why it should be granted; 11.15    (5) the details of the offense or arrest for which expungement is sought, including 11.16the date and jurisdiction of the occurrence, either the names of any victims or that there 11.17were no identifiable victims, whether there is a current order for protection, restraining 11.18order, or other no contact order prohibiting the petitioner from contacting the victims or 11.19whether there has ever been a prior order for protection or restraining order prohibiting the 11.20petitioner from contacting the victims, the court file number, and the date of conviction 11.21or of dismissal; 11.22    (6) in the case of a conviction, what steps the petitioner has taken since the time of 11.23the offense toward personal rehabilitation, including treatment, work, or other personal 11.24history that demonstrates rehabilitation; 11.25    (7) petitioner's criminal conviction record indicating all convictions for 11.26misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable 11.27convictions in any other state, federal court, or foreign country, whether the convictions 11.28occurred before or after the arrest or conviction for which expungement is sought; 11.29    (8) petitioner's criminal charges record indicating all prior and pending criminal 11.30charges against the petitioner in this state or another jurisdiction, including all criminal 11.31charges that have been continued for dismissal or stayed for adjudication, or have been the 11.32subject of pretrial diversion; and 11.33    (9) all prior requests by the petitioner, whether for the present offense or for any 11.34other offenses, in this state or any other state or federal court, for pardon, return of arrest 11.35records, new text begin a certificate of good conduct or similar certificate, new text end or expungement or sealing of 12.1a criminal record, whether granted or not, and all stays of adjudication or imposition of 12.2sentence involving the petitioner. 12.3    (b) If there is a current order for protection, restraining order, or other no contact 12.4order prohibiting the petitioner from contacting the victims or there has ever been a prior 12.5order for protection or restraining order prohibiting the petitioner from contacting the 12.6victims, the petitioner shall attach a copy of the order to the petition. 12.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 12.8    Sec. 12. Minnesota Statutes 2006, section 611A.06, subdivision 1a, is amended to read: 12.9    Subd. 1a. Notice of expungement new text begin or certificate of good conduct new text end required. The 12.10prosecuting authority with jurisdiction over an offense for which expungement new text begin or a new text end 12.11 new text begin certificate of good conduct under section 364.19 new text end is being sought shall make a good faith 12.12effort to notify a victim that the expungement new text begin or a certificate new text end is being sought if: (1) the 12.13victim has mailed to the prosecuting authority with jurisdiction over an offense for which 12.14expungement new text begin or a certificate new text end is being sought a written request for this notice, or (2) the 12.15victim has indicated on a request for notice of expungement new text begin release new text end submitted under 12.16subdivision 1 a desire to be notified in the event the offender seeks an expungement new text begin or a new text end 12.17 new text begin certificate new text end for the offense. 12.18    A copy of any written request for a notice of expungement new text begin or a certificate new text end request 12.19received by the commissioner of corrections or other custodial authority shall be 12.20forwarded to the prosecutorial authority with jurisdiction over the offense to which the 12.21notice relates. The prosecutorial authority complies with this section upon mailing a copy 12.22of an expungement new text begin or a certificate new text end petition relating to the notice to the address which the 12.23victim has most recently provided in writing. 12.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 12.25    Sec. 13. Laws 2007, chapter 54, article 1, section 5, is amended to read: 12.26 Sec. 5. TRIAL COURTS$ 246,077,000 $ 254,916,000 12.27New Judge Units. $1,792,000 the first year 12.28and $3,241,000 the second year are for an 12.29increase in judge units, including three trial 12.30court judge units in the First Judicial District, 12.31one trial court judge unit in the Seventh 12.32Judicial District, one trial court judge unit in 12.33the Ninth Judicial District and two trial court 13.1judge units in the Tenth Judicial District. 13.2These new judge units begin on January 1, 13.32008. Each judge unit consists of a judge, 13.4law clerk, and court reporter. 13.5Maintain and Expand Drug Courts. 13.6$2,096,000 the first year and $2,097,000 the 13.7second year are to maintain and to establish 13.8new drug courts. 13.9Guardian Ad Litem Services. $1,260,000 13.10the first year and $1,629,000 the second year 13.11are for guardian ad litem services. 13.12Interpreter Services. $606,000 the first 13.13year and $777,000 the second year are for 13.14interpreter services. 13.15Psychological Services. $1,531,000 the first 13.16year and $2,151,000 the second year are for 13.17psychological services. 13.18In Forma Pauperis Services. $178,000 13.19each year is for in forma pauperis services. 13.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 13.21    Sec. 14. Laws 2007, chapter 54, article 1, section 9, is amended to read: 13.22 Sec. 9. BOARD OF PUBLIC DEFENSE$ 66,348,000 $ 69,519,000 13.23District Public Defense Caseload Increase. 13.24$3,213,000 the first year and $5,009,000 13.25the second year are for 34 new full-time 13.26equivalent attorneys and 11 new full-time 13.27equivalent support staff positions to address 13.28caseload increases. Of this amount, $200,000 13.29each year is for transcript costs. 13.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 14.1    Sec. 15. new text begin GUIDELINES FOR REVOCATION OF PAROLE AND SUPERVISED new text end 14.2 new text begin RELEASE; DEPARTMENT OF CORRECTIONS INTERNAL REVIEW; REPORT new text end 14.3 new text begin TO LEGISLATURE. new text end 14.4     new text begin The commissioner of corrections shall perform an internal review of the new text end 14.5 new text begin department's guidelines for revocation of parole and supervised release. At a minimum, new text end 14.6 new text begin the commissioner shall assess: (1) the appropriateness and proportionality of the sanctions new text end 14.7 new text begin set forth in the guidelines; (2) the use of intermediate sanctions and the potential for new text end 14.8 new text begin expanding the use and number of intermediate sanctions; and (3) the option of capping the new text end 14.9 new text begin number of days that an offender may be re-incarcerated for a parole or supervised release new text end 14.10 new text begin violation. By March 1, 2009, the commissioner shall report the results of the internal new text end 14.11 new text begin review to the chairs and ranking minority members of the senate and house committees new text end 14.12 new text begin and divisions having jurisdiction over criminal justice policy and funding. new text end 14.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2008. new text end 14.14    Sec. 16. new text begin WORKING GROUP ON CONTROLLED SUBSTANCE LAWS; new text end 14.15 new text begin REPORT TO LEGISLATURE. new text end 14.16     new text begin Subdivision 1. new text end new text begin Establishment; membership; staff. new text end new text begin (a) The working group on the new text end 14.17 new text begin state's controlled substance laws shall include: new text end 14.18     new text begin (1) two representatives of the Minnesota County Attorneys Association; new text end 14.19     new text begin (2) two representatives of the Board of Public Defense; new text end 14.20     new text begin (3) three representatives of state law enforcement associations, including one new text end 14.21 new text begin sheriff, one chief of police, and one member of the Minnesota Police and Peace Officers new text end 14.22 new text begin Association; new text end 14.23     new text begin (4) two representatives of the Judicial Council; new text end 14.24     new text begin (5) one representative from community corrections or probation; new text end 14.25     new text begin (6) one expert in the fields of drug treatment and controlled substance laws; new text end 14.26     new text begin (7) two individuals who are not affiliated with any of the associations in clauses (1) new text end 14.27 new text begin to (6) and who have relevant experience related to sentencing policy or the criminal justice new text end 14.28 new text begin field, one of whom shall be appointed by the speaker of the house of representatives and new text end 14.29 new text begin one of whom shall be appointed by the Subcommittee on Committees of the Committee new text end 14.30 new text begin on Rules and Administration of the senate; and new text end 14.31     new text begin (8) four community members that reside in areas adversely affected by controlled new text end 14.32 new text begin substance crimes and violent crimes, two of whom shall be appointed by the speaker of new text end 14.33 new text begin the house of representatives and two of whom shall be appointed by the Subcommittee new text end 14.34 new text begin on Committees of the Committee on Rules and Administration of the senate. One of the new text end 14.35 new text begin community members appointed by the senate must be a member of a community crime new text end 15.1 new text begin prevention organization. Of the community members appointed by the senate, one must new text end 15.2 new text begin reside in Minneapolis and one must reside in outstate Minnesota. Of the community new text end 15.3 new text begin members appointed by the house, one must reside in St. Paul and one must reside in a new text end 15.4 new text begin suburb of Minneapolis or St. Paul. new text end 15.5     new text begin (b) Before making the appointments required under paragraph (a), the legislative new text end 15.6 new text begin appointing authorities must consider the recommendations of the chairs and ranking new text end 15.7 new text begin minority members of the committees and divisions in their respective legislative body new text end 15.8 new text begin with jurisdiction over criminal justice and policy funding. new text end 15.9     new text begin (c) The appointments under paragraph (a) must be completed by July 1, 2008. new text end 15.10 new text begin Staff support for the working group shall be provided by the Sentencing Guidelines new text end 15.11 new text begin Commission. The executive director of the Sentencing Guidelines Commission or the new text end 15.12 new text begin executive director's designee shall convene the first meeting of the working group. The new text end 15.13 new text begin working group shall elect its chair from its membership at the first meeting. new text end 15.14     new text begin Subd. 2. new text end new text begin Subject matter. new text end new text begin (a) The working group must review, assess, and make new text end 15.15 new text begin specific recommendations, including any necessary draft legislation regarding the new text end 15.16 new text begin following alternatives for modification of Minnesota's controlled substance laws: new text end 15.17     new text begin (1) revising the threshold amounts for Minnesota's controlled substance crimes; new text end 15.18     new text begin (2) establishing a separate sentencing guidelines grid for drug offenses; new text end 15.19     new text begin (3) establishing additional aggravating factors so as to target certain particularly new text end 15.20 new text begin dangerous offenders; new text end 15.21     new text begin (4) revising the criminal history point calculations for repeat drug offenders; new text end 15.22     new text begin (5) maximizing the use of deferred prosecutions for low-level drug offenders under new text end 15.23 new text begin section 152.18 throughout the state; and new text end 15.24     new text begin (6) increasing the use of the early release program for nonviolent controlled new text end 15.25 new text begin substance offenders who successfully complete drug treatment while incarcerated as new text end 15.26 new text begin provided in section 244.055. new text end 15.27     new text begin (b) As part of its review of the various possible reforms, the working group may new text end 15.28 new text begin also study and consider: new text end 15.29     new text begin (1) the significance, if any, of current rates of departure from presumptive guideline new text end 15.30 new text begin sentences for controlled substance crimes; new text end 15.31     new text begin (2) the significance, if any, of current rates of departure from presumptive guideline new text end 15.32 new text begin sentences for controlled substance crimes for identifiable categories of offenders; new text end 15.33     new text begin (3) the impact that recent United States Supreme Court criminal sentencing decisions new text end 15.34 new text begin have on implementing further reform; new text end 15.35     new text begin (4) the barriers to comparing Minnesota's sentencing data with data from other states; new text end 16.1     new text begin (5) strategies for reducing probation and supervised release violations among drug new text end 16.2 new text begin offenders; new text end 16.3     new text begin (6) strategies for increasing the efficacy of programs that are now available to treat new text end 16.4 new text begin drug offenders; new text end 16.5     new text begin (7) the likely impact of any recommended change in policy upon victims of new text end 16.6 new text begin drug-related crimes and the neighborhoods in which these crimes occur; new text end 16.7     new text begin (8) the likely impact of any recommended change in policy upon the efficacy of law new text end 16.8 new text begin enforcement, prosecution, public defender, or court personnel; or new text end 16.9     new text begin (9) any other sentencing-related matter that the working group sees fit to consider. new text end 16.10     new text begin Subd. 3. new text end new text begin Report to legislature. new text end new text begin The working group shall report its findings new text end 16.11 new text begin and recommendations to the chairs and ranking minority members of the house of new text end 16.12 new text begin representatives and senate committees and divisions with jurisdiction over criminal justice new text end 16.13 new text begin policy and funding by January 15, 2009. The working group expires upon the submission new text end 16.14 new text begin of the report required by this subdivision. new text end 16.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 16.16    Sec. 17. new text begin APPROPRIATIONS. new text end 16.17     new text begin (a) $1,034,000 is appropriated to the district courts for the fiscal year ending June new text end 16.18 new text begin 30, 2009, from the general fund to implement Minnesota Statutes, section 364.19. new text end 16.19     new text begin (b) $166,000 is appropriated to the commissioner of public safety for the fiscal year new text end 16.20 new text begin ending June 30, 2009, from the general fund to implement Minnesota Statutes, section new text end 16.21 new text begin 364.19. new text end 16.22    Sec. 18. new text begin REPEALER. new text end 16.23 new text begin Minnesota Statutes 2006, section 609.103, new text end new text begin is repealed. new text end 16.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end