1.1A bill for an act1.2relating to public safety; providing that funds received for out-of-state offenders 1.3incarcerated in Minnesota are appropriated to the Department of Corrections; 1.4modifying certificates of compliance for public contracts; enhancing penalties 1.5for certain repeat criminal sexual conduct offenders; requiring a juvenile justice 1.6system report; appropriating money for public safety, corrections, and human 1.7rights;amending Minnesota Statutes 2012, sections 161.20, subdivision 3; 1.8243.51, subdivisions 1, 3; 363A.36, subdivisions 1, 2; 609.3451, subdivision 3; 1.9609.3455, by adding a subdivision; repealing Minnesota Statutes 2012, section 1.10243.51, subdivision 5.1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12Section 1. SUMMARY OF APPROPRIATIONS.

1.13The amounts shown in this section summarize direct appropriations, by fund, made 1.14in this article.

1.1520142015Total1.16General$570,675,000$574,224,000$1,144,899,0001.171.18State Government Special Revenue59,241,00063,742,000122,983,0001.19Environmental69,00069,000138,0001.20Special Revenue14,832,00014,832,00029,664,0001.21Trunk Highway2,266,0002,266,0004,532,0001.22Total$647,083,000$655,133,000$1,302,216,000

1.23Sec. 2. PUBLIC SAFETY APPROPRIATIONS.

1.24The sums shown in the columns marked "Appropriations" are appropriated to the 1.25agencies and for the purposes specified in this act. The appropriations are from the general 1.26fund, or another named fund, and are available for the fiscal years indicated for each 1.27purpose. The figures "2014" and "2015" used in this act mean that the appropriations 2.1listed under them are available for the fiscal year ending June 30, 2014, or June 30, 2015, 2.2respectively. "The first year" is fiscal year 2014. "The second year" is fiscal year 2015. 2.3"The biennium" is fiscal years 2014 and 2015. Appropriations for the fiscal year ending 2.4June 30, 2013, are effective the day following final enactment.

2.5APPROPRIATIONS2.6Available for the Year2.7Ending June 302.820142015

2.9Sec. 3. PUBLIC SAFETY

2.10Subdivision 1.Total Appropriation$157,621,000$161,925,000

2.11Appropriations by Fund2.12201420152.13General84,983,00084,786,0002.14Special Revenue11,062,00011,062,0002.152.16State Government Special Revenue59,241,00063,742,0002.17Environmental69,00069,0002.18Trunk Highway2,266,0002,266,000

2.19The amounts that may be spent for each 2.20purpose are specified in the following 2.21subdivisions.

2.22Subd. 2.Emergency Management3,079,0003,029,000

2.23Appropriations by Fund2.24General2,406,0002,356,0002.25Special Revenue604,000604,0002.26Environmental69,00069,000

2.27(a) Hazmat and Chemical Assessment Teams

2.28$604,000 each year is from the fire safety 2.29account in the special revenue fund. These 2.30amounts must be used to fund the hazardous 2.31materials and chemical assessment teams.

2.32(b) School Safety

2.33$555,000 the first year and $505,000 the 2.34second year from the general fund are to 3.1reinstate the school safety center and to 3.2provide for school safety.

3.3Subd. 3.Criminal Apprehension 47,588,00047,197,000

3.4Appropriations by Fund3.5General45,315,00044,924,0003.63.7State Government Special Revenue7,0007,0003.8Trunk Highway2,266,0002,266,000

3.9(a) DWI Lab Analysis; Trunk Highway Fund

3.10$1,941,000 each year is from the trunk 3.11highway fund for laboratory analysis related 3.12to driving-while-impaired cases.

3.13(b) Criminal History System

3.14$3,050,000 the first year and $2,580,000 3.15the second year from the general fund are 3.16to replace the state criminal history system. 3.17This is a onetime appropriation and is 3.18available until expended. Of this amount, 3.19$2,980,000 the first year and $2,580,000 3.20the second year are for a onetime transfer 3.21to the Office of Enterprise Technology for 3.22start-up costs. The commissioner shall enter 3.23a service level agreement with the Office 3.24of Enterprise Technology specifying the 3.25obligations and responsibilities of each party. 3.26Payments shall be made under the rates 3.27and mechanism specified in that agreement. 3.28Ongoing operating and support costs for this 3.29system shall be identified and incorporated 3.30into future service level agreements.3.31The commissioner is authorized to use funds 3.32appropriated under this paragraph for the 3.33purposes specified in paragraph (c).

3.34(c) Criminal Reporting System

4.1$1,360,000 the first year and $1,360,000 the 4.2second year from the general fund are to 4.3replace the state's crime reporting system. 4.4This is a onetime appropriation and is 4.5available until expended. Of these amounts, 4.6$1,360,000 the first year and $1,360,000 4.7the second year are for a onetime transfer 4.8to the Office of Enterprise Technology for 4.9start-up costs. The commissioner shall enter 4.10a service level agreement with the Office 4.11of Enterprise Technology specifying the 4.12obligations and responsibilities of each party. 4.13Payments shall be made under the rates 4.14and mechanism specified in that agreement. 4.15Ongoing operating and support costs for this 4.16system shall be identified and incorporated 4.17into future service level agreements.4.18The commissioner is authorized to use funds 4.19appropriated under this paragraph for the 4.20purposes specified in paragraph (b).

4.21(d) Forensic Laboratory

4.22$125,000 the first year and $125,000 the 4.23second year from the general fund and 4.24$125,000 the first year and $125,000 the 4.25second year from the trunk highway fund are 4.26to replace forensic laboratory equipment at 4.27the Bureau of Criminal Apprehension.4.28$200,000 the first year and $200,000 the 4.29second year from the general fund and 4.30$200,000 the first year and $200,000 the 4.31second year from the trunk highway fund are 4.32to improve forensic laboratory staffing at the 4.33Bureau of Criminal Apprehension.

4.34(e) Livescan Fingerprinting

5.1$310,000 the first year and $389,000 the 5.2second year from the general fund are to 5.3maintain Livescan fingerprinting machines.

5.4(f) Base adjustment

5.5The Bureau of Criminal Apprehension 5.6general fund base is increased by $3,470,000 5.7in fiscal year 2016 and decreased by 5.8$643,000 in fiscal year 2017.

5.9(g) Transfer

5.10$2,500,000 the first year and $2,500,000 5.11the second year are transferred from the 5.12vehicle services special revenue account to 5.13the general fund.

5.14Subd. 4.Fire Marshal9,555,0009,555,000

5.15This appropriation is from the fire safety 5.16account in the special revenue fund and is for 5.17activities under Minnesota Statutes, section 5.18299F.012.5.19Of this amount: (1) $7,187,000 each year 5.20is for activities under Minnesota Statutes, 5.21section 299F.012; and (2) $2,368,000 the first 5.22year and $2,368,000 the second year are for 5.23transfers to the general fund under Minnesota 5.24Statutes, section 297I.06, subdivision 3.

5.25Subd. 5.Alcohol and Gambling Enforcement 2,485,000 2,485,000

5.26Appropriations by Fund5.27General1,582,0001,582,0005.28Special Revenue 903,000 903,000

5.29$653,000 each year is from the alcohol 5.30enforcement account in the special revenue 5.31fund. Of this appropriation, $500,000 each 5.32year shall be transferred to the general fund.6.1$250,000 each year is appropriated from the 6.2lawful gambling regulation account in the 6.3special revenue fund.

6.4Subd. 6.Office of Justice Programs35,542,00035,542,000

6.5Appropriations by Fund6.6General 35,446,000 35,446,0006.76.8State Government Special Revenue96,00096,000

6.9(a) OJP Administration Costs

6.10Up to 2.5 percent of the grant funds 6.11appropriated in this subdivision may be used 6.12by the commissioner to administer the grant 6.13program.

6.14(b) Crime Victim Programs

6.15$1,500,000 each year must be distributed 6.16through an open and competitive grant 6.17process for existing crime victim programs. 6.18The funds must be used to meet the needs 6.19of underserved and unserved areas and 6.20populations.

6.21(c) Community Offender Reentry Program

6.22$150,000 in fiscal year 2014 and $150,000 6.23in fiscal year 2015 from the general fund 6.24are to the commissioner of public safety for 6.25a grant to the community offender reentry 6.26program for assisting individuals to transition 6.27from incarceration to the communities in 6.28and around Duluth, including assistance in 6.29finding housing, employment, educational 6.30opportunities, counseling, and other 6.31resources. This is a onetime appropriation.

6.32(d) Youth Intervention Programs

6.33$461,000 each year is for youth intervention 6.34programs under Minnesota Statutes, section 7.1299A.73. This amount must be added to the 7.2department's base budget for grants to youth 7.3intervention programs.7.4(e) Sexually Exploited Youth; Law 7.5Enforcement and Prosecution Training.7.6$375,000 each year is for a grant to Ramsey 7.7County to be used by the Ramsey County 7.8Attorney's Office to:7.9(1) develop a statewide model protocol for 7.10law enforcement, prosecutors, and others, 7.11who in their professional capacity encounter 7.12sexually exploited and trafficked youth, on 7.13identifying and intervening with sexually 7.14exploited and trafficked youth;7.15(2) conduct statewide training for law 7.16enforcement and prosecutors on the model 7.17protocol and the Safe Harbor Law described 7.18in Laws 2011, First Special Session chapter 7.191, article 4, as modified by Senate File No. 7.20384, article 2, if enacted; and7.21(3) develop and disseminate to law 7.22enforcement, prosecutors, and others, who 7.23in their professional capacity encounter 7.24sexually exploited and trafficked youth, on 7.25investigative best practices to identify sex 7.26trafficked victims and traffickers.7.27The Ramsey County attorney may use the 7.28money appropriated in this paragraph to 7.29partner with other entities to implement 7.30clauses (1) to (3).7.31By January 15, 2015, the Ramsey County 7.32Attorney's Office shall report to the chairs 7.33and ranking minority members of the senate 7.34and house of representatives committees and 8.1divisions having jurisdiction over criminal 8.2justice policy and funding on how this 8.3appropriation was spent.8.4In fiscal year 2016 and thereafter, $375,000 8.5is available each year for grants to local law 8.6enforcement and prosecuting authorities for 8.7training on sexually exploited and trafficked 8.8youth including effectively identifying 8.9sex trafficked victims and traffickers, 8.10investigation techniques, and assisting 8.11sexually exploited youth.

8.12Subd. 7.Emergency Communication Networks59,138,00063,639,000

8.13This appropriation is from the state 8.14government special revenue fund for 911 8.15emergency telecommunications services.

8.16(a) Public Safety Answering Points

8.17$13,664,000 each year is to be distributed 8.18as provided in Minnesota Statutes, section 8.19403.113, subdivision 2.

8.20(b) Medical Resource Communication Centers

8.21$683,000 each year is for grants to the 8.22Minnesota Emergency Medical Services 8.23Regulatory Board for the Metro East 8.24and Metro West Medical Resource 8.25Communication Centers that were in 8.26operation before January 1, 2000.

8.27(c) ARMER Debt Service

8.28$23,261,000 each year is to the commissioner 8.29of management and budget to pay debt 8.30service on revenue bonds issued under 8.31Minnesota Statutes, section 403.275.8.32Any portion of this appropriation not needed 8.33to pay debt service in a fiscal year may be 9.1used by the commissioner of public safety to 9.2pay cash for any of the capital improvements 9.3for which bond proceeds were appropriated 9.4by Laws 2005, chapter 136, article 1, section 9.59, subdivision 8; or Laws 2007, chapter 54, 9.6article 1, section 10, subdivision 8.

9.7(d) ARMER State Backbone Operating Costs

9.8$9,250,000 the first year and $9,650,00 the 9.9second year are to the commissioner of 9.10transportation for costs of maintaining and 9.11operating the first and third phases of the 9.12statewide radio system backbone.

9.13(e) ARMER Improvements

9.14$1,000,000 each year is to the Statewide 9.15Radio Board for costs of design, construction, 9.16and maintenance of, and improvements 9.17to, those elements of the statewide public 9.18safety radio and communication system 9.19that support mutual aid communications 9.20and emergency medical services or provide 9.21interim enhancement of public safety 9.22communication interoperability in those 9.23areas of the state where the statewide public 9.24safety radio and communication system is 9.25not yet implemented.

9.26Subd. 8.Administration and Related Services234,000478,000

9.279.28Sec. 4. PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD$3,870,000$3,770,000

9.29Appropriations by Fund9.30201420159.31General100,00009.32Special Revenue3,770,0003,770,000

9.33(a) Excess Amounts Transferred10.1This appropriation is from the peace officer 10.2training account in the special revenue fund. 10.3Any new receipts credited to that account in 10.4each year in excess of $3,770,000 must be 10.5transferred and credited to the general fund.10.6(b) Peace Officer Training 10.7Reimbursements10.8$2,634,000 each year is for reimbursements 10.9to local governments for peace officer 10.10training costs.10.11(c) Training; sexually exploited and 10.12trafficked youth. Of this appropriation, 10.13$100,000 in fiscal year 2014 is for 10.14reimbursements to local governments for 10.15peace officer training costs on sexually 10.16exploited and trafficked youth, including 10.17effectively identifying sex trafficked victims 10.18and traffickers, investigation techniques, and 10.19assisting sexually exploited youth.10.20Reimbursement shall be provided on a flat 10.21fee basis of $100 per diem per officer. This 10.22is a onetime appropriation that is available 10.23until spent.

10.24Sec. 5. PRIVATE DETECTIVE BOARD$121,000$122,000

10.25Sec. 6. HUMAN RIGHTS$3,322,000$3,348,000

10.26$129,000 each year is for increased 10.27compliance activities.

10.28Sec. 7. DEPARTMENT OF CORRECTIONS

10.29Subdivision 1.Total Appropriation$482,149,000$485,968,000

10.30The amounts that may be spent for each 10.31purpose are specified in the following 10.32subdivisions.

11.1Subd. 2.Correctional Institutions 346,952,000 349,976,000

11.2(a) Sex Offender Treatment Beds

11.3Of this appropriation, $1,500,000 each year 11.4is to fund additional sex offender treatment 11.5beds and shall not be used for any other 11.6purpose. The funds appropriated in this 11.7paragraph are to supplement current funding 11.8for sex offender treatment and shall not be 11.9used to supplant current funding for sex 11.10offender treatment.

11.11(b) MINNCOR Transfer

11.12Notwithstanding Minnesota Statutes, section 11.13241.27, the commissioner of management 11.14and budget shall transfer $1,300,000 the first 11.15year and $1,300,000 the second year from the 11.16Minnesota correctional industries revolving 11.17fund to the general fund. These are onetime 11.18transfers.

11.19Subd. 3.Community Services112,953,000113,479,000

11.20Subd. 4.Operations Support22,244,00022,513,000

11.21    Sec. 8. Minnesota Statutes 2012, section 161.20, subdivision 3, is amended to read:11.22    Subd. 3. Trunk highway fund appropriations. The commissioner may expend 11.23trunk highway funds only for trunk highway purposes. Payment of expenses related 11.24to Bureau of Criminal Apprehension laboratory, Explore Minnesota Tourism kiosks, 11.25Minnesota Safety Council, tort claims, driver education programs, Emergency Medical 11.26Services Board, Mississippi River Parkway Commission, and personnel costs incurred on 11.27behalf of the Governor's Office do not further a highway purpose and do not aid in the 11.28construction, improvement, or maintenance of the highway system.11.29    Sec. 9. Minnesota Statutes 2012, section 243.51, subdivision 1, is amended to read:11.30    Subdivision 1. Contracting with other states and federal government. The 11.31commissioner of corrections is hereby authorized to contract with agencies and bureaus of 11.32the United States and with the proper officials of other states or a county of this state for 12.1the custody, care, subsistence, education, treatment and training of persons convicted of 12.2criminal offenses constituting felonies in the courts of this state, the United States, or other 12.3states of the United States. Such The contracts shall provide for reimbursing the state of 12.4Minnesota for all costs or other expenses involved, and, to the extent possible, require 12.5payment to the Department of Corrections of a per diem amount that is substantially equal 12.6to or greater than the per diem for the cost of housing Minnesota inmates at the same 12.7facility. This per diem cost shall be based on the assumption that the facility is at or 12.8near capacity. Funds received under the contracts shall be deposited in the state treasury 12.9and are appropriated to the commissioner of corrections for correctional purposes. Any 12.10prisoner transferred to the state of Minnesota pursuant to this subdivision shall be subject 12.11to the terms and conditions of the prisoner's original sentence as if the prisoner were 12.12serving the same within the confines of the state in which the conviction and sentence was 12.13had or in the custody of the United States. Nothing herein shall deprive such the inmate of 12.14the right to parole or the rights to legal process in the courts of this state.12.15    Sec. 10. Minnesota Statutes 2012, section 243.51, subdivision 3, is amended to read:12.16    Subd. 3. Temporary detention. The commissioner of corrections is authorized to 12.17contract with agencies and bureaus of the United States and with the appropriate officials 12.18of any other state or county of this state for the temporary detention of any person in 12.19custody pursuant to any process issued under the authority of the United States, other 12.20states of the United States, or the district courts of this state. The contract shall provide for 12.21reimbursement to the state of Minnesota for all costs and expenses involved, and, to the 12.22extent possible, require payment to the Department of Corrections of a per diem amount 12.23that is substantially equal to or greater than the per diem for the cost of housing Minnesota 12.24inmates at the same facility. This per diem cost shall be based on the assumption that the 12.25facility is at or near capacity. Funds received under the contracts shall be deposited in the 12.26state treasury and are appropriated to the commissioner of corrections for correctional 12.27purposes.12.28    Sec. 11. Minnesota Statutes 2012, section 363A.36, subdivision 1, is amended to read:12.29    Subdivision 1. Scope of application. (a) For all contracts for goods and services in 12.30excess of $100,000, no department or agency of the state shall accept any bid or proposal 12.31for a contract or agreement from any business having more than 40 full-time employees 12.32within this state on a single working day during the previous 12 months, unless the 12.33commissioner is in receipt of the business' affirmative action plan for the employment of 12.34minority persons, women, and qualified disabled individuals. No department or agency of 13.1the state shall execute any such contract or agreement until the affirmative action plan 13.2has been approved by the commissioner. Receipt of a certificate of compliance issued by 13.3the commissioner shall signify that a firm or business has an affirmative action plan that 13.4has been approved by the commissioner. A certificate shall be valid for a period of two13.5 four years. A municipality as defined in section 
         466.01, subdivision 1, that receives state 13.6money for any reason is encouraged to prepare and implement an affirmative action plan 13.7for the employment of minority persons, women, and the qualified disabled and submit the 13.8plan to the commissioner.13.9    (b) This paragraph applies to a contract for goods or services in excess of $100,000 13.10to be entered into between a department or agency of the state and a business that is 13.11not subject to paragraph (a), but that has more than 40 full-time employees on a single 13.12working day during the previous 12 months in the state where the business has its primary 13.13place of business. A department or agency of the state may not execute a contract or 13.14agreement with a business covered by this paragraph unless the business has a certificate 13.15of compliance issued by the commissioner under paragraph (a) or the business certifies 13.16that it is in compliance with federal affirmative action requirements.13.17    (c) This section does not apply to contracts entered into by the State Board of 13.18Investment for investment options under section 
         352.965, subdivision 4.13.19    Sec. 12. Minnesota Statutes 2012, section 363A.36, subdivision 2, is amended to read:13.20    Subd. 2. Filing fee; account; appropriation. The commissioner shall collect 13.21a $75 $150 fee for each certificate of compliance issued by the commissioner or the 13.22commissioner's designated agent. The proceeds of the fee must be deposited in a 13.23human rights fee special revenue account. Money in the account is appropriated to the 13.24commissioner to fund the cost of issuing certificates and investigating grievances.13.25    Sec. 13. Minnesota Statutes 2012, section 609.3451, subdivision 3, is amended to read:13.26    Subd. 3. Felony. A person is guilty of a felony and may be sentenced to imprisonment 13.27for not more than five years or to payment of a fine of not more than $10,000, or both, 13.28if the person violates subdivision 1, clause (2) this section, after having been previously 13.29convicted of or adjudicated delinquent for violating subdivision 1, clause (2) this section; 13.30section sections 609.342 to 609.345; 609.3453; 609.352;617.23, subdivision 2, clause (1)13.31 or 3; 617.246; or 617.247; or a statute from another state in conformity with subdivision 1, 13.32clause (2), or section 617.23, subdivision 2, clause (1) with any of those sections. 13.33EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes 13.34committed on or after that date.14.1    Sec. 14. Minnesota Statutes 2012, section 609.3455, is amended by adding a 14.2subdivision to read:14.3    Subd. 10.Presumptive executed sentence for repeat sex offenders.Except as 14.4provided in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to 14.5609.345 or 609.3453 within 15 years of a previous sex offense conviction, the court 14.6shall commit the defendant to the commissioner of corrections for not less than three 14.7years, nor more than the maximum sentence provided by law for the offense for which 14.8convicted, notwithstanding sections 242.19, 243.05, 609.11, 609.12, and 609.135. The 14.9court may stay the execution of the sentence if it finds that a stay is in the best interest 14.10of the complainant or the family unit, and a professional assessment indicates that the 14.11offender has been accepted by and can respond to a treatment program. If the court stays 14.12execution of sentence, it shall include the following as conditions of probation: 14.13(1) incarceration in a local jail or workhouse;14.14(2) a requirement that the offender complete a treatment program; and14.15(3) a requirement that the offender have no unsupervised contact with the 14.16complainant until the offender has successfully completed the treatment program unless 14.17approved by the treatment program and the supervising correctional agent.14.18EFFECTIVE DATE.This section is effective August 1, 2013, and applies to all 14.19crimes committed on or after that date.14.20    Sec. 15. JUVENILE JUSTICE SYSTEM REPORT.14.21(a) The following shall appoint representatives to discuss issues specified in 14.22paragraph (b) with representatives of the National Alliance on Mental Illness (NAMI) 14.23and others designated by NAMI: the commissioners of human services, corrections, 14.24and education; a district court judge designated by the Supreme Court; the Minnesota 14.25County Attorneys Association; the state public defender; the Indian Affairs Council; 14.26the Minnesota County Probation Officers Association; and the Minnesota Association 14.27of Community Corrections Act Counties. 14.28(b) The issues to be discussed are: 14.29(1) shared statewide outcome goals for children in the juvenile justice system and 14.30their families, such as academic success, successful transitions to adulthood, and lower 14.31recidivism rates;14.32(2) the continuum of service necessary to ensure quality care that meets the complex 14.33needs of children in the juvenile justice system and their families;14.34(3) strategies for early identification of and response to needs related to juvenile 14.35justice outcomes, including in the areas of trauma, mental and physical health, chemical 15.1dependency, traumatic brain injury, developmental disabilities, education, family needs, 15.2housing, employment, and any other areas identified by the work group;15.3(4) changes needed to ensure coordinated delivery of quality services to 15.4meet the individual needs of each child in the system, particularly in the areas of 15.5information-sharing, service shortages, and cost pressures;15.6(5) changes needed to ensure coordination between delinquency and CHIPS cases, 15.7schools, the children's mental health system, and any other relevant entities for children 15.8involved in multiple systems;15.9(6) changes to any rules and statutes that create barriers to achieving the shared 15.10outcomes agreed upon by the work group;15.11(7) an implementation plan to achieve integrated service delivery across systems and 15.12across the public, private, and nonprofit sectors;15.13(8) an implementation plan to accomplish the shared outcomes agreed upon by 15.14the work group; and15.15(9) financing mechanisms that include all possible revenue sources to maximize 15.16federal, state, and local funding and promote cost efficiencies and sustainability.15.17(c) The National Alliance on Mental Illness shall report to the legislature on 15.18results of discussions under this section by February 15, 2014, after consulting with the 15.19commissioners of human services, corrections, and education.15.20    Sec. 16.  REPEALER.15.21Minnesota Statutes 2012, section 243.51, subdivision 5, is repealed.