1.1 	A bill for an act
1.2 	relating to corrections; authorizing deferral of judgment for certain drug 
1.3 	offenses; repealing the sunset on early release of nonviolent controlled substance 
1.4 	offenders; requiring the commissioner of corrections to develop a marketing 
1.5 	plan for MINNCOR industries; requiring the commissioner of corrections to 
1.6 	study re-entry facilities and programming; increasing funding for chemical and 
1.7 	mental health treatment for inmates and probationers; creating a certificate of 
1.8 	rehabilitation; establishing a task force to study and recommend approaches for 
1.9 	developing a re-entry court pilot program; establishing a controlled substance 
1.10 	law working group; requiring the commissioner of corrections to conduct an 
1.11 	internal review of parole and supervised release procedures and sanctions; 
1.12 	amending Minnesota Statutes 2006, sections 152.18, subdivision 1; 241.27, by 
1.13 	adding a subdivision; 364.03, subdivision 3; 364.09; 611A.06, subdivision 1a; 
1.14 	proposing coding for new law in Minnesota Statutes, chapter 364; repealing 
1.15 	Minnesota Statutes 2006, section 244.055, subdivision 11.
1.16 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17 	Section 1. Minnesota Statutes 2006, section 152.18, subdivision 1, is amended to read:
1.18 		Subdivision 1.Deferring prosecution for certain first time drug offenders. If 
1.19 	any person who has not previously participated in or completed a diversion program 
1.20 	authorized under section 401.065 or who has not previously been placed on probation 
1.21 	without a judgment of guilty and thereafter been discharged from probation under 
1.22 	this section is found guilty of a violation of section 152.024, subdivision 2, 152.025, 
1.23 	subdivision 2, or 152.027, subdivision 2, 3, or 4, for possession of a controlled substance, 
1.24 	after trial or upon a plea of guilty, and the court determines that the violation does not 
1.25 	qualify as a subsequent controlled substance conviction under section 152.01, subdivision 
1.26 	16a, the court may shall, without entering a judgment of guilty and with the consent of 
1.27 	the person, either (1) defer further proceedings and place the person on probation upon 
1.28 	such reasonable conditions as it may require and for a period, not to exceed the maximum 
2.1 	sentence provided for the violation. The courtor (2) enter a written finding that states 
2.2 	substantial and compelling reasons why a deferral is inappropriate. For any other person 
2.3 	who is found guilty of a violation of section 152.024, subdivision 2; 152.025, subdivision 
2.4 	2; or 152.027, subdivision 2, 3, or 4, for possession of a controlled substance, after trial 
2.5 	or upon a plea of guilty, and the court determines that the violation does not qualify as a 
2.6 	subsequent controlled substance conviction under section 152.01, subdivision 16a, the 
2.7 	court may, without entering a judgment of guilty and with the consent of the person, defer 
2.8 	further proceedings and place the person on probation upon such reasonable conditions 
2.9 	as it may require and for a period not to exceed the maximum sentence provided for the 
2.10 	violation. If the court grants a deferral, it may give the person the opportunity to attend 
2.11 	and participate in an appropriate program of education regarding the nature and effects of 
2.12 	alcohol and drug abuse as a stipulation of probation. Upon violation of a condition of the 
2.13 	probation, the court may enter an adjudication of guilt and proceed as otherwise provided. 
2.14 	The court may, in its discretion, dismiss the proceedings against the person and discharge 
2.15 	the person from probation before the expiration of the maximum period prescribed for the 
2.16 	person's probation. If during the period of probation the person does not violate any of the 
2.17 	conditions of the probation, then upon expiration of the period the court shall discharge the 
2.18 	person and dismiss the proceedings against that person. Discharge and dismissal under this 
2.19 	subdivision shall be without court adjudication of guilt, but a not public record of it shall 
2.20 	be retained by the Bureau of Criminal Apprehension for the purpose of use by the courts 
2.21 	in determining the merits of subsequent proceedings against the person. The not public 
2.22 	record may also be opened only upon court order for purposes of a criminal investigation, 
2.23 	prosecution, or sentencing. Upon request by law enforcement, prosecution, or corrections 
2.24 	authorities, the bureau shall notify the requesting party of the existence of the not public 
2.25 	record and the right to seek a court order to open it pursuant to this section. The court shall 
2.26 	forward a record of any discharge and dismissal under this subdivision to the bureau which 
2.27 	shall make and maintain the not public record of it as provided under this subdivision. The 
2.28 	discharge or dismissal shall not be deemed a conviction for purposes of disqualifications 
2.29 	or disabilities imposed by law upon conviction of a crime or for any other purpose. 
2.30 	For purposes of this subdivision, "not public" has the meaning given in section 
2.31 	13.02, subdivision 8a. 

2.32 	EFFECTIVE DATE. This section is effective July 1, 2008.

2.33 	Sec. 2. Minnesota Statutes 2006, section 241.27, is amended by adding a subdivision 
2.34 	to read:
3.1 		Subd. 1a.Marketing plan. The commissioner of corrections, in conjunction with 
3.2 	the commissioner of employment and economic development, shall develop and maintain 
3.3 	a formal marketing plan to attract private sector businesses and industries to employ inmate 
3.4 	services through MINNCOR industries. The plan shall be reviewed and updated annually.

3.5 	EFFECTIVE DATE. This section is effective July 1, 2008.

3.6 	Sec. 3. Minnesota Statutes 2006, section 364.03, subdivision 3, is amended to read:
3.7 		Subd. 3.Evidence of rehabilitation. (a) A person who has been convicted of a 
3.8 	crime or crimes which directly relate to the public employment sought or to the occupation 
3.9 	for which a license is sought shall not be disqualified from the employment or occupation 
3.10 	if the person can show competent evidence of sufficient rehabilitation and present fitness 
3.11 	to perform the duties of the public employment sought or the occupation for which 
3.12 	the license is sought. Sufficient evidence of rehabilitation may be established by the 
3.13 	production of a certificate of good conduct under section 364.20 or:
3.14 	(1) a copy of the local, state, or federal release order; and
3.15 	(2) evidence showing that at least one year has elapsed since release from any local, 
3.16 	state, or federal correctional institution without subsequent conviction of a crime; and 
3.17 	evidence showing compliance with all terms and conditions of probation or parole; or
3.18 	(3) a copy of the relevant Department of Corrections discharge order or other 
3.19 	documents showing completion of probation or parole supervision.
3.20 	(b) In addition to the documentary evidence presented, the licensing or hiring 
3.21 	authority shall consider any evidence presented by the applicant regarding:
3.22 	(1) the nature and seriousness of the crime or crimes for which convicted;
3.23 	(2) all circumstances relative to the crime or crimes, including mitigating 
3.24 	circumstances or social conditions surrounding the commission of the crime or crimes;
3.25 	(3) the age of the person at the time the crime or crimes were committed;
3.26 	(4) the length of time elapsed since the crime or crimes were committed; and
3.27 	(5) all other competent evidence of rehabilitation and present fitness presented, 
3.28 	including, but not limited to, letters of reference by persons who have been in contact with 
3.29 	the applicant since the applicant's release from any local, state, or federal correctional 
3.30 	institution.

3.31 	Sec. 4. Minnesota Statutes 2006, section 364.09, is amended to read:
3.32 	364.09 EXCEPTIONS.
4.1 	(a) This chapter does not apply to the licensing process for peace officers;, to law 
4.2 	enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f);, or  to fire 
4.3 	protection agencies;. Sections 364.01 to 364.10 do not apply to eligibility for a private 
4.4 	detective or protective agent license; to the licensing and background study process under 
4.5 	chapters 245A and 245C; to eligibility for school bus driver endorsements; to eligibility 
4.6 	for special transportation service endorsements; to eligibility for a commercial driver 
4.7 	training instructor license, which is governed by section 171.35 and rules adopted under 
4.8 	that section; to emergency medical services personnel, or to the licensing by political 
4.9 	subdivisions of taxicab drivers, if the applicant for the license has been discharged from 
4.10 	sentence for a conviction within the ten years immediately preceding application of a 
4.11 	violation of any of the following: 
4.12 	(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23, 
4.13 	subdivision 2 or 3; 
4.14 	(2) any provision of chapter 152 that is punishable by a maximum sentence of 
4.15 	15 years or more; or
4.16 	(3) a violation of chapter 169 or 169A involving driving under the influence, leaving 
4.17 	the scene of an accident, or reckless or careless driving.
4.18 	This chapter also shall not apply to eligibility for juvenile corrections employment, where 
4.19 	the offense involved child physical or sexual abuse or criminal sexual conduct.
4.20 	(b) This chapter doesSections 364.01 to 364.10 do not apply to a school district or 
4.21 	to eligibility for a license issued or renewed by the Board of Teaching or the commissioner 
4.22 	of education.
4.23 	(c) Nothing in this section precludes the Minnesota Police and Peace Officers 
4.24 	Training Board or the state fire marshal from recommending policies set forth in this 
4.25 	chapter to the attorney general for adoption in the attorney general's discretion to apply to 
4.26 	law enforcement or fire protection agencies.
4.27 	(d) This chapter doesSections 364.01 to 364.10 do not apply to a license to practice 
4.28 	medicine that has been denied or revoked by the Board of Medical Practice pursuant to 
4.29 	section 147.091, subdivision 1a.

4.30 	Sec. 5. [364.20] CERTIFICATE OF GOOD CONDUCT.
4.31 		Subdivision 1.Petition; filing fee. A person who has been convicted or adjudicated 
4.32 	delinquent for a crime may petition a court for a certificate of good conduct as provided 
4.33 	in this section. A petition may seek a certificate for a single crime or multiple crimes. 
4.34 	When filing the petition, the person shall pay a filing fee in the amount required under 
5.1 	section 357.021, subdivision 2, clause (1), unless the court allows the petitioner to proceed 
5.2 	in forma pauperis under section 563.01.
5.3 		Subd. 2.Contents of petition. (a) A petition for a certificate of good conduct must 
5.4 	be signed under oath by the petitioner and state the following:
5.5 	(1) the petitioner's full name and all other legal names or aliases by which the 
5.6 	petitioner has been known at any time;
5.7 	(2) the petitioner's date of birth;
5.8 	(3) all of the petitioner's addresses from the date of the offense in connection with 
5.9 	which a certificate is sought, to the date of the petition;
5.10 	(4) why the certificate is sought and why it should be granted;
5.11 	(5) the details of the offense for which the certificate is sought, including the date 
5.12 	and jurisdiction of the offense; either the names of any victims or that there were no 
5.13 	identifiable victims; whether there is a current order for protection, restraining order, or 
5.14 	other no contact order prohibiting the petitioner from contacting the victims or whether 
5.15 	there has ever been a prior order for protection or restraining order prohibiting the 
5.16 	petitioner from contacting the victims; the court file number; and the date of conviction;
5.17 	(6) what steps the petitioner has taken since the time of the offense toward personal 
5.18 	rehabilitation, including treatment, work, or other personal history that demonstrates 
5.19 	rehabilitation;
5.20 	(7) the petitioner's criminal conviction record indicating all convictions for 
5.21 	misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable 
5.22 	convictions in any other state, federal court, or foreign country, whether the convictions 
5.23 	occurred before or after the conviction for which the certificate is sought;
5.24 	(8) the petitioner's criminal charges record indicating all prior and pending criminal 
5.25 	charges against the petitioner in this state or another jurisdiction, including all criminal 
5.26 	charges that have been continued for dismissal or stayed for adjudication, or have been the 
5.27 	subject of pretrial diversion; and
5.28 	(9) all prior requests by the petitioner, whether for the present offense or for any 
5.29 	other offenses, in this state or any other state or federal court, for pardon, return of arrest 
5.30 	records, expungement or sealing of a criminal record, or certificate of good conduct or 
5.31 	similar certificate, whether granted or not, and all stays of adjudication or imposition of 
5.32 	sentence involving the petitioner.
5.33 	(b) If there is a current order for protection, restraining order, or other no contact 
5.34 	order prohibiting the petitioner from contacting the victims or there has ever been a prior 
5.35 	order for protection or restraining order prohibiting the petitioner from contacting the 
5.36 	victims, the petitioner shall attach a copy of the order to the petition.
6.1 		Subd. 3.Service of petition and proposed order. (a) The petitioner shall serve by 
6.2 	mail the petition for a certificate of good conduct and a proposed certificate order on the 
6.3 	prosecutorial office that had jurisdiction over the offense for which the certificate is sought.
6.4 	(b) The prosecutorial office that had jurisdiction over the offense for which the 
6.5 	certificate is sought shall serve by mail the petition for the certificate and the proposed 
6.6 	certificate order on any victims of the offense for which the certificate is sought who have 
6.7 	requested notice pursuant to section 611A.06. Service under this paragraph does not 
6.8 	constitute a violation of an existing order for protection, restraining order, or other no 
6.9 	contact order. 
6.10 	(c) The prosecutorial office's notice to victims of the offense under this subdivision 
6.11 	must specifically inform the victims of the victims' right to be present and to submit an 
6.12 	oral or written statement at the hearing described in subdivision 4.
6.13 		Subd. 4.Hearing. A hearing on the petition must be held no sooner than 60 days 
6.14 	after service of the petition. If the petition is filed in the judicial district where the offender 
6.15 	was sentenced, the sentencing judge should preside over the hearing when possible. 
6.16 	Parties to the action may call witnesses to establish or refute the petitioner's eligibility for 
6.17 	the certificate. A victim of the offense for which a certificate is sought has a right to submit 
6.18 	an oral or written statement to the court at the time of the hearing describing any conduct 
6.19 	of the offender that has occurred after the offender's sentencing that is relevant to the issue 
6.20 	of whether the offender has been rehabilitated, including the effect of this conduct upon 
6.21 	the victim. The judge shall consider the victim's statement when making a decision.
6.22 		Subd. 5.Eligibility. A person is eligible for a certificate of good conduct under this 
6.23 	section if the following conditions are met:
6.24 	(1) the person has been successfully discharged from the sentence imposed for the 
6.25 	offense for which the certificate is sought and is not under correctional supervision for 
6.26 	any other offense;
6.27 	(2) the person is not currently required to register as a predatory offender under 
6.28 	section 243.166;
6.29 	(3) the person has been law abiding for the following period immediately preceding 
6.30 	the filing of the petition: (i) for a person convicted of a crime against the person or who 
6.31 	was required to register as a predatory offender, five years; or (ii) for all other persons, 
6.32 	three years;
6.33 	(4) the person demonstrates rehabilitation, which may be shown, among other 
6.34 	ways, by evidence of the person's good character, employment, volunteer activities, or 
6.35 	participation in vocational, educational, treatment, or rehabilitation programs;
7.1 	(5) the person has paid or the court determines the person is making a good faith 
7.2 	and consistent effort to pay court-ordered fines, restitution, and other costs related to the 
7.3 	crime for which the certificate is sought;
7.4 	(6) for petitions for certificates for crimes where an element of the offense involved 
7.5 	alcohol or a controlled substance, that the person is not abusing alcohol or using a 
7.6 	controlled substance;
7.7 	(7) the issuance of the certificate is consistent with the public interest; and
7.8 	(8) any other factor deemed relevant by the court, including, but not limited to, the 
7.9 	severity of the conduct that constituted the offense for which the certificate is sought.
7.10 		Subd. 6.Issuance of certificate. A judge shall issue a certificate of good conduct 
7.11 	to a petitioner if the petitioner establishes by a preponderance of the evidence that the 
7.12 	petitioner meets the eligibility requirements specified in subdivision 5, clauses (1) to (7), 
7.13 	and any other factor required by the court under subdivision 5, clause (8).
7.14 		Subd. 7.Record with Bureau of Criminal Apprehension. After ruling on a 
7.15 	petition under this section, the court shall notify the Bureau of Criminal Apprehension of 
7.16 	the court's ruling. The bureau shall record the court's ruling on the petitioner's criminal 
7.17 	record.
7.18 		Subd. 8.Effect of certificate. (a) A certificate of good conduct issued under this 
7.19 	section creates a presumption of rehabilitation in favor of the person to whom it was 
7.20 	issued and relieves the person of any state-imposed collateral sanction, as defined in 
7.21 	section 609B.050, relating to eligibility for housing, employment, or professional or 
7.22 	occupational licensing arising from a crime for which the certificate was issued.
7.23 	(b) A certificate of good conduct has no effect on collateral sanctions that are 
7.24 	unrelated to housing, employment, or licensing.
7.25 	(c) Consistent with paragraph (a) and other applicable law, a housing or licensing 
7.26 	authority or employer may, but is not required to, take into account a conviction that is 
7.27 	the subject of a certificate of good conduct when making a housing, licensing, or hiring 
7.28 	decision.
7.29 	(d) A housing or licensing authority or employer is not civilly or criminally liable for 
7.30 	relying on a certificate of good conduct when offering housing, employment, or licensing 
7.31 	to a person. This paragraph does not relieve a person from any other legal duty in making 
7.32 	a housing, employment, or licensing decision not related to the conduct that is the subject 
7.33 	of the certificate of good conduct.
7.34 	(e) Evidence relating to a conviction for which a certificate of good conduct has been 
7.35 	issued is inadmissible in a civil action against a housing or licensing authority or employer 
8.1 	for negligence or other fault in renting, leasing, licensing, or hiring if the authority or 
8.2 	employer relied on the certificate when making the underlying decision.
8.3 	(f) The existence of a certificate of good conduct is admissible as evidence of 
8.4 	reasonable care by a person who relied on it when making a housing, licensing, or hiring 
8.5 	decision related to the subject of the certificate.
8.6 		Subd. 9.Revocation. A certificate of good conduct is revoked by operation of law 
8.7 	if the subject of the certificate is subsequently convicted or adjudicated delinquent for 
8.8 	a new crime.
8.9 		Subd. 10.Limited effect. A certificate of good conduct has only the effect given 
8.10 	in this section. A certificate does not act as a pardon or expungement. The certificate 
8.11 	does not relieve the person to whom it was issued of any collateral sanctions or legal 
8.12 	disabilities related to predatory offender registration, eligibility to possess firearms, or 
8.13 	driver's license sanctions.
8.14 		Subd. 11.Crime for misuse. Unless a greater penalty is specified elsewhere in 
8.15 	statute, a person who knowingly uses or attempts to use a revoked certificate of good 
8.16 	conduct or who fraudulently alters or forges a certificate of good conduct is guilty of a 
8.17 	misdemeanor.

8.18 	EFFECTIVE DATE. This section is effective July 1, 2008.

8.19 	Sec. 6. Minnesota Statutes 2006, section 611A.06, subdivision 1a, is amended to read:
8.20 		Subd. 1a.Notice of expungement or certificate of good conduct required. The 
8.21 	prosecuting authority with jurisdiction over an offense for which expungement or a 
8.22 	certificate of good conduct under section 364.20 is being sought shall make a good faith 
8.23 	effort to notify a victim that the expungement or a certificate is being sought if: (1) the 
8.24 	victim has mailed to the prosecuting authority with jurisdiction over an offense for which 
8.25 	expungement or a certificate is being sought a written request for this notice, or (2) the 
8.26 	victim has indicated on a request for notice of expungementrelease submitted under 
8.27 	subdivision 1 a desire to be notified in the event the offender seeks an expungement or a 
8.28 	certificate for the offense.
8.29 	A copy of any written request for a notice of expungement or a certificate request 
8.30 	received by the commissioner of corrections or other custodial authority shall be 
8.31 	forwarded to the prosecutorial authority with jurisdiction over the offense to which the 
8.32 	notice relates. The prosecutorial authority complies with this section upon mailing a copy 
8.33 	of an expungement or a certificate petition relating to the notice to the address which the 
8.34 	victim has most recently provided in writing.

9.1 	EFFECTIVE DATE. This section is effective July 1, 2008.

9.2 	Sec. 7. GUIDELINES FOR REVOCATION OF PAROLE AND SUPERVISED 
9.3 	RELEASE; DEPARTMENT OF CORRECTIONS INTERNAL REVIEW; REPORT 
9.4 	TO LEGISLATURE.
 9.5 	The commissioner of corrections shall perform an internal review of the 
9.6 	department's guidelines for revocation of parole and supervised release. At a minimum, 
9.7 	the commissioner shall assess: (1) the appropriateness and proportionality of the sanctions 
9.8 	set forth in the guidelines; (2) the use of intermediate sanctions and the potential for 
9.9 	expanding the use and number of intermediate sanctions; and (3) the option of capping the 
9.10 	number of days that an offender may be re-incarcerated for a parole or supervised release 
9.11 	violation. By December 1, 2008, the commissioner shall report the results of the internal 
9.12 	review to the chairs and ranking minority members of the senate and house committees 
9.13 	and divisions having jurisdiction over criminal justice policy and funding.

9.14 	EFFECTIVE DATE. This section is effective July 1, 2008.

9.15 	Sec. 8. WORKING GROUP ON CONTROLLED SUBSTANCE LAWS; 
9.16 	REPORT TO LEGISLATURE.
 9.17 		Subdivision 1.Establishment; membership; staff. (a) By July 1, 2008, the speaker 
9.18 	of the house of representatives and the Subcommittee on Committees of the senate Rules 
9.19 	and Administration Committee, taking into consideration the recommendations of the 
9.20 	chairs and ranking minority members of the senate and house committees and divisions 
9.21 	having jurisdiction over criminal justice and policy funding, shall jointly appoint a 
9.22 	working group on the state's controlled substance laws. The working group shall include:
9.23 	(1) two representatives of the Minnesota County Attorneys Association;
9.24 	(2) two representatives of the Board of Public Defense;
9.25 	(3) three representatives of state law enforcement associations, including one 
9.26 	sheriff, one chief of police, and one member of the Minnesota Police and Peace Officers 
9.27 	Association;
9.28 	(4) two representatives of the Judicial Council;
9.29 	(5) one representative from community corrections or probation;
9.30 	(6) one expert in the fields of drug treatment and controlled substance laws;
9.31 	(7) one individual who is not affiliated with any of the associations in clauses (1) to 
9.32 	(6) and who has relevant experience related to sentencing policy or the criminal justice 
9.33 	field; and
10.1 	(8) four community members that reside in areas adversely affected by controlled 
10.2 	substance crimes and violent crimes, one of whom is a member of a community crime 
10.3 	prevention organization.
10.4 	(b) Staff support for the working group shall be provided by the Department of 
10.5 	Corrections and the Sentencing Guidelines Commission.
10.6 		Subd. 2.Subject matter. (a) The working group must review, assess, and make 
10.7 	specific recommendations regarding the following alternatives for modification of 
10.8 	Minnesota's controlled substance laws:
10.9 	(1) revising the threshold amounts for Minnesota's controlled substance crimes;
10.10 	(2) establishing a separate sentencing guidelines grid for drug offenses;
10.11 	(3) establishing additional aggravating factors so as to target certain particularly 
10.12 	dangerous offenders; and
10.13 	(4) revising the criminal history point calculations for repeat drug offenders.
10.14 	(b) As part of its review of the various possible reforms, the working group may 
10.15 	also study and consider:
10.16 	(1) the significance, if any, of current rates of departure from presumptive guidelines 
10.17 	sentences for controlled substance crimes;
10.18 	(2) the significance, if any, of current rates of departure from presumptive guidelines 
10.19 	sentences for controlled substance crimes for identifiable categories of offenders;
10.20 	(3) the impact that recent United States Supreme Court criminal sentencing decisions 
10.21 	have on implementing further reform;
10.22 	(4) the barriers to comparing Minnesota's sentencing data with data from other states;
10.23 	(5) strategies for reducing probation and supervised release violations among drug 
10.24 	offenders;
10.25 	(6) strategies for increasing the efficacy of programs that are now available to treat 
10.26 	drug offenders;
10.27 	(7) the likely impact of any recommended change in policy upon victims of 
10.28 	drug-related crimes and the neighborhoods in which these crimes occur;
10.29 	(8) the likely impact of any recommended change in policy upon the efficacy of law 
10.30 	enforcement, prosecution, public defender, or court personnel; or
10.31 	(9) any other sentencing-related matter that the working group sees fit to consider.
10.32 		Subd. 3.Report to legislature. The working group shall report its findings 
10.33 	and recommendations to the chairs and ranking minority members of the house of 
10.34 	representatives and senate committees and divisions having jurisdiction over criminal 
10.35 	justice policy and funding by January 16, 2009.

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

11.1 	Sec. 9. RE-ENTRY FACILITIES STUDY; REPORT TO LEGISLATURE.
 11.2 	The commissioner of corrections shall study and make recommendations regarding 
11.3 	the need for and feasibility of establishing re-entry facilities designed to assist in the 
11.4 	reintegration of offenders released from incarceration. The commissioner shall specifically 
11.5 	study and make recommendations regarding: (1) whether there are existing state facilities 
11.6 	that can serve as re-entry facilities; (2) the cost of developing and operating re-entry 
11.7 	facilities; (3) what programming re-entry facilities should provide; (4) which offenders 
11.8 	should spend time in re-entry facilities and the amount of time offenders should spend in 
11.9 	the facilities; and (5) any other issues the commissioner deems appropriate. On or before 
11.10 	February 1, 2009, the commissioner shall submit a report containing the study's findings 
11.11 	and recommendations to the chairs and ranking minority members of the senate and house 
11.12 	committees and divisions with jurisdiction over criminal justice funding and policy.

11.13 	EFFECTIVE DATE. This section is effective July 1, 2008.

11.14 	Sec. 10. RE-ENTRY COURT TASK FORCE.
 11.15 		Subdivision 1.Establishment. The Judicial Council shall establish a task force to 
11.16 	study and recommend approaches and strategies for developing a re-entry court pilot 
11.17 	program. The purpose of the re-entry court is to aid the reintegration of offenders into 
11.18 	the community and reduce recidivism by:
11.19 	(1) improving tracking and supervision of offenders upon release;
11.20 	(2) preparing communities to address public safety concerns; and
11.21 	(3) providing services necessary to assist offenders in reconnecting with their 
11.22 	families and communities.
11.23 		Subd. 2.Membership. The task force shall consist of the following members:
11.24 	(1) a representative from the supreme court;
11.25 	(2) two district court judges;
11.26 	(3) a court administrator;
11.27 	(4) a county attorney selected by the Minnesota County Attorneys Association;
11.28 	(5) a public defender selected by the Board of Public Defense;
11.29 	(6) a law enforcement representative;
11.30 	(7) a representative from community corrections;
11.31 	(8) the commissioner of corrections or a designee;
11.32 	(9) the commissioner of human services or a designee;
11.33 	(10) representatives from community organizations that specialize in mental health 
11.34 	counseling, substance abuse treatment, family counseling, employment and vocational 
11.35 	assistance; and housing assistance; and
12.1 	(11) any other persons designated by the Judicial Council.
12.2 		Subd. 3.Report. By December 1, 2008, the task force shall report to the chairs 
12.3 	and ranking minority members of the senate and house committees and divisions having 
12.4 	jurisdiction over criminal justice policy and funding on its findings and recommendations 
12.5 	regarding a re-entry court pilot program, including anticipated costs and any legislative 
12.6 	recommendations. As part of its study and report, the task force shall assess the re-entry 
12.7 	court's ability to issue certificates of relief to offenders to exempt them from specific 
12.8 	collateral consequences.

12.9 	EFFECTIVE DATE. This section is effective July 1, 2008.

12.10 	Sec. 11.  REPEALER.
 12.11 	Minnesota Statutes 2006, section 244.055, subdivision 11, is repealed.