Office of the Revisor of Statutes
SF 1451
Introduction - 86th Legislature (2009 - 2010)
Posted on 02/09/2010 02:21 a.m.
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A bill for an act
relating to public safety; extending the establishment of pretrial diversion
programs to all counties; amending Minnesota Statutes 2008, section 401.065,
subdivisions 1, 2, 3a, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 401.065, subdivision 1, is amended to read:
Subdivision 1.
Definition.
As used in this section:
(1) a person is an "offender" if:
(i) the person is charged with, or probable cause exists to arrest or charge the person
with, a felony, gross misdemeanor, or misdemeanor crime, other than a crime against the
person, but the person has not yet entered a plea in the proceedings;
(ii) the person has not previously been convicted as an adult in Minnesota or any
other state of any crime against the person; and
(iii) the person has not previously participated as an adult in Minnesota in a pretrial
diversion program, deleted text begin including a program that existed before July 1, 1994,deleted text end and had charges
dismissed or not filed as part of that program; and
(2) "pretrial diversion" means the decision of a prosecutor to refer an offender to
a diversion program on condition that the criminal charges against the offender will be
dismissed after a specified period of time, or the case will not be charged, if the offender
successfully completes the program.
Sec. 2.
Minnesota Statutes 2008, section 401.065, subdivision 2, is amended to read:
Subd. 2.
Establishment of program.
By deleted text begin July 1, 1994deleted text end new text begin January 1, 2010new text end , every
county attorney deleted text begin of a county participating in the Community Corrections Actdeleted text end shall
establish a pretrial diversion program for adult offenders. deleted text begin If the county attorney's county
participates in the Community Corrections Act as part of a group of counties under section
401.02, thedeleted text end new text begin Anew text end county attorney may establish a pretrial diversion program in conjunction
with other county attorneys in that group of counties. The program must be designed
and operated to further the following goals:
(1) to provide eligible offenders with an alternative to confinement and a criminal
conviction;
(2) to reduce the costs and caseload burdens on district courts and the criminal
justice system;
(3) to minimize recidivism among diverted offenders;
(4) to promote the collection of restitution to the victim of the offender's crime; and
(5) to develop responsible alternatives to the criminal justice system for eligible
offenders.
Sec. 3.
Minnesota Statutes 2008, section 401.065, subdivision 3a, is amended to read:
Subd. 3a.
Reporting of data to criminal justice information system (CJIS).
(a)
Every county attorney who establishes a diversion program under this section shall report
the following information to the Bureau of Criminal Apprehension:
(1) the name and date of birth of each diversion program participant and any other
identifying information the superintendent considers necessary;
(2) the date on which the individual began to participate in the diversion program;
(3) the date on which the individual is expected to complete the diversion program;
(4) the date on which the individual successfully completed the diversion program,
where applicable; and
(5) the date on which the individual was removed from the diversion program for
failure to successfully complete the individual's goals, where applicable.
The superintendent shall cause the information described in this subdivision to be
entered into and maintained in the criminal history file of the Minnesota criminal justice
information system.
(b) Effective deleted text begin August 1, 1997deleted text end new text begin January 1, 2010new text end , the reporting requirements of this
subdivision shall apply to misdemeanor offenses.
Sec. 4.
Minnesota Statutes 2008, section 401.065, subdivision 4, is amended to read:
Subd. 4.
Reports.
By Januarydeleted text begin 1, 1995deleted text end new text begin 15, 2011new text end , and biennially thereafter, each
county attorney shall report to the state court administrator and the legislature on the
operation of a pretrial diversion program required by this section. The report shall include
a description of the program, the number of offenders participating in the program, the
number and characteristics of the offenders who successfully complete the program,
the number and characteristics of the offenders who fail to complete the program, and
an evaluation of the program's effect on the operation of the criminal justice system in
the county.
Sec. 5. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
In Minnesota Statutes, the revisor of statutes shall renumber Minnesota Statutes,
section 401.065 as 628.687.
new text end