1.1 	A bill for an act
1.2 	relating to public safety; modifying certain provisions of law related to public 
1.3 	safety, law enforcement, adult and juvenile corrections, community supervision, 
1.4 	rehabilitation, criminal sexual conduct, crime, sentencing, community safety, crime 
1.5 	victims, child protection background checks, emergency response, fire safety, civil 
1.6 	law, data practices, human rights, and forfeiture law; providing for task forces and 
1.7 	working groups; providing for rulemaking; providing for criminal penalties; 
1.8 	requiring reports; appropriating money for public safety, sentencing guidelines, 
1.9 	corrections, Peace Officer Standards and Training (POST) Board, Private Detective 
1.10 	Board, Ombudsperson for Corrections, disaster assistance, supreme court, public 
1.11 	defense, courts, Guardian Ad Litem Board, Uniform Laws Commission, Board 
1.12 	on Judicial Standards, Board of Public Defense, and human rights;amending 
1.13 	Minnesota Statutes 2020, sections 2.722, subdivision 1; 5B.02; 5B.05; 5B.10, 
1.14 	subdivision 1; 13.045, subdivisions 1, 2, 3, 4a; 13.32, subdivision 3; 13.41, 
1.15 	subdivision 3; 13.411, by adding a subdivision; 13.552, by adding a subdivision; 
1.16 	13.7931, by adding a subdivision; 13.82, by adding a subdivision; 13.824, 
1.17 	subdivision 6; 13.825, subdivision 9; 13.856, subdivision 3; 144.225, subdivision 
1.18 	7; 152.32, by adding a subdivision; 169.99, subdivision 1c, by adding a subdivision; 
1.19 	169A.55, subdivisions 2, 4; 169A.60, subdivision 13; 169A.63, subdivisions 1, 7, 
1.20 	8, 9, 10, 13, by adding subdivisions; 171.06, subdivision 3; 171.29, subdivision 
1.21 	1; 171.30, subdivision 1; 171.306, subdivisions 2, 4; 214.10, subdivision 11; 
1.22 	241.01, subdivision 3a; 241.016; 241.021, subdivisions 1, 2a, 2b, by adding 
1.23 	subdivisions; 241.025, subdivisions 1, 2, 3; 243.166, subdivisions 1b, 4b; 243.48, 
1.24 	subdivision 1; 243.52; 244.03; 244.05, subdivisions 1b, 4, 5, by adding a 
1.25 	subdivision; 244.065; 244.09, subdivisions 5, 6, by adding a subdivision; 244.101, 
1.26 	subdivision 1; 244.19, subdivision 3; 244.195, subdivision 2; 253B.18, subdivision 
1.27 	5a; 253D.14, subdivisions 2, 3, by adding a subdivision; 260B.163, subdivision 
1.28 	1; 260B.176, subdivision 2, by adding a subdivision; 260C.007, subdivision 6; 
1.29 	260C.163, subdivision 3; 299A.01, subdivision 2; 299A.52, subdivision 2; 299A.55; 
1.30 	299C.60; 299C.61, subdivisions 2, 4, by adding subdivisions; 299C.62, subdivisions 
1.31 	1, 2, 3, 4, 6; 299C.63; 299C.72; 299C.80, subdivision 3; 299N.04, subdivisions 1, 
1.32 	2, by adding subdivisions; 340A.504, subdivision 7; 357.021, subdivisions 1a, 6; 
1.33 	357.17; 359.04; 363A.02, subdivision 1; 363A.06, subdivision 1; 363A.08, 
1.34 	subdivision 6, by adding a subdivision; 363A.09, subdivisions 1, 2, by adding a 
1.35 	subdivision; 363A.28, subdivisions 1, 6; 363A.31, subdivision 2; 363A.33, 
1.36 	subdivision 3; 363A.36, subdivisions 1, 2, 3, 4, by adding a subdivision; 363A.44, 
1.37 	subdivisions 2, 4, 9; 401.025, subdivision 1; 401.06; 403.02, subdivision 16; 
1.38 	403.03, subdivision 1; 403.07, subdivision 2; 403.11, subdivision 1; 403.21, 
2.1 	subdivisions 3, 12; 403.36, subdivision 1; 477A.03, subdivision 2b; 480A.06, 
2.2 	subdivision 4; 484.85; 514.977; 517.04; 517.08, subdivision 1b; 524.2-503; 
2.3 	541.073, subdivision 2; 573.02, subdivision 1; 590.01, subdivision 4; 609.03; 
2.4 	609.101, subdivision 5; 609.106, subdivision 2, by adding a subdivision; 609.1095, 
2.5 	subdivision 1; 609.115, by adding subdivisions; 609.131, subdivision 2; 609.14, 
2.6 	subdivision 1, by adding a subdivision; 609.2231, subdivision 4; 609.2233; 
2.7 	609.2325; 609.322, subdivisions 1, 1a; 609.324, subdivisions 1, 2, 4; 609.3241; 
2.8 	609.341, subdivisions 3, 7, 11, 12, 14, 15, by adding subdivisions; 609.342; 
2.9 	609.343; 609.344; 609.345; 609.3451; 609.3455; 609.3459; 609.347, by adding 
2.10 	a subdivision; 609.352, subdivision 4; 609.527, subdivision 3; 609.531, subdivision 
2.11 	1, by adding a subdivision; 609.5311, subdivisions 2, 3, 4; 609.5314, subdivisions 
2.12 	1, 2, 3, by adding a subdivision; 609.5315, subdivisions 5, 5b, 6; 609.595, 
2.13 	subdivisions 1a, 2; 609.605, subdivision 2; 609.66, subdivision 1e; 609.749, 
2.14 	subdivision 3; 609A.01; 609A.02, subdivision 3, by adding a subdivision; 
2.15 	609A.025; 609A.03, subdivisions 5, 7, 7a, 9; 611.21; 611.27, subdivisions 9, 10, 
2.16 	11, 13, 15; 611A.03, subdivision 1; 611A.039, subdivision 1; 611A.06, subdivision 
2.17 	1; 611A.51; 611A.52, subdivisions 3, 4, 5; 611A.53; 611A.54; 611A.55; 611A.56; 
2.18 	611A.57, subdivisions 5, 6; 611A.60; 611A.61; 611A.612; 611A.66; 611A.68, 
2.19 	subdivisions 2a, 4, 4b, 4c; 624.712, subdivision 5; 626.14; 626.5531, subdivision 
2.20 	1; 626.842, subdivision 2; 626.843, subdivision 1; 626.8435; 626.845, subdivision 
2.21 	3; 626.8451, subdivision 1; 626.8457, subdivision 3; 626.8459; 626.8469, 
2.22 	subdivision 1, by adding a subdivision; 626.8473, subdivision 3; 626.8475; 626.89, 
2.23 	subdivisions 2, 17; 626.93, by adding a subdivision; 628.26; Laws 2016, chapter 
2.24 	189, article 4, section 7; Laws 2017, chapter 95, article 1, section 11, subdivision 
2.25 	7; article 3, section 30; Laws 2020, chapter 118, section 4; Laws 2020, Second 
2.26 	Special Session chapter 1, sections 9; 10; Laws 2020, Fifth Special Session chapter 
2.27 	3, article 9, section 6; Laws 2020, Seventh Special Session chapter 2, article 2, 
2.28 	section 4; proposing coding for new law in Minnesota Statutes, chapters 3; 13; 
2.29 	62A; 84; 169; 241; 243; 244; 260B; 299A; 299F; 326B; 359; 363A; 604A; 609; 
2.30 	609A; 611A; 626; 634; 641; repealing Minnesota Statutes 2020, sections 253D.14, 
2.31 	subdivision 4; 609.324, subdivision 3; 609.5317; 611A.0385.
2.32 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.33 	ARTICLE 1
2.34 	JUDICIARY APPROPRIATIONS

2.35	Section 1. APPROPRIATIONS.
 	
2.36 	The sums shown in the columns marked "Appropriations" are appropriated to the agencies 
2.37 	and for the purposes specified in this article. The appropriations are from the general fund, 
2.38 	or another named fund, and are available for the fiscal years indicated for each purpose. 
2.39 	The figures "2022" and "2023" used in this article mean that the appropriations listed under 
2.40 	them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively. 
2.41 	"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium" 
2.42 	is fiscal years 2022 and 2023.

2.43				APPROPRIATIONS
	
2.44				Available for the Year
	
2.45				Ending June 30
	
2.46					2022
		2023

2.47	Sec. 2. SUPREME COURT

3.1	Subdivision 1.Total Appropriation
 	$
	61,132,000
	$
	61,780,000
	
3.2 	The amounts that may be spent for each 
3.3 	purpose are specified in the following 
3.4 	subdivisions.

3.5	Subd. 2.Supreme Court Operations
 		44,204,000
		43,582,000
	
3.6 	(a) Contingent Account
3.7 	$5,000 each year is for a contingent account 
3.8 	for expenses necessary for the normal 
3.9 	operation of the court for which no other 
3.10 	reimbursement is provided.
3.11 	(b) Insurance Cost Increases
3.12 	$306,000 in fiscal year 2022 and $661,000 in 
3.13 	fiscal year 2023 are to fund increases in 
3.14 	insurance costs.
3.15 	(c) Increased Compensation
3.16 	$1,139,000 in fiscal year 2023 is for increased 
3.17 	compensation for judges and other employees.
3.18 	(d) Minnesota Court Record Online 
3.19 	Application
3.20 	$741,000 in fiscal year 2022 is to fund critical 
3.21 	improvements to the Minnesota Court Record 
3.22 	Online application. This is a onetime 
3.23 	appropriation.
3.24 	(e) Cybersecurity Program
3.25 	$375,000 in fiscal year 2022 is to fund critical 
3.26 	improvements to the judiciary branch 
3.27 	cybersecurity program. This is a onetime 
3.28 	appropriation.
3.29 	(f) Courthouse Safety
3.30 	$1,000,000 in fiscal year 2022 is for a 
3.31 	competitive grant program established by the 
4.1 	chief justice for the distribution of safe and 
4.2 	secure courthouse fund grants to governmental 
4.3 	entities responsible for providing or 
4.4 	maintaining a courthouse or other facility 
4.5 	where court proceedings are held. Grant 
4.6 	recipients must provide a 50 percent nonstate 
4.7 	match. This is a onetime appropriation and is 
4.8 	available until June 30, 2024.

4.9	Subd. 3.Civil Legal Services
 		16,928,000
		18,198,000
	
4.10 	(a) Legal Services to Low-Income Clients 
4.11 	in Family Law Matters
4.12 	$1,017,000 each year is to improve the access 
4.13 	of low-income clients to legal representation 
4.14 	in family law matters. This appropriation must 
4.15 	be distributed under Minnesota Statutes, 
4.16 	section 480.242, to the qualified legal services 
4.17 	program described in Minnesota Statutes, 
4.18 	section 480.242, subdivision 2, paragraph (a). 
4.19 	Any unencumbered balance remaining in the 
4.20 	first year does not cancel and is available in 
4.21 	the second year.
4.22 	(b) Base Adjustment
4.23 	The base appropriation for civil legal services 
4.24 	shall be $18,387,000 in fiscal year 2024 and 
4.25 	beyond.

4.26	Sec. 3. COURT OF APPEALS
 	$
	13,234,000
	$
	13,634,000
	
4.27 	(a) Insurance Cost Increases
4.28 	$71,000 in fiscal year 2022 and $155,000 in 
4.29 	fiscal year 2023 are to fund increases in 
4.30 	insurance costs.
4.31 	(b) Increased Compensation
4.32 	$316,000 in fiscal year 2023 is for increased 
4.33 	compensation for judges and other employees.

5.1	Sec. 4. DISTRICT COURTS
 	$
	320,509,000
	$
	330,704,000
	
5.2 	(a) Insurance Cost Increases
5.3 	$2,425,000 in fiscal year 2022 and $5,232,000 
5.4 	in fiscal year 2023 are to fund increases in 
5.5 	insurance costs.
5.6 	(b) Increased Compensation
5.7 	$7,421,000 in fiscal year 2023 is for increased 
5.8 	compensation for judges and other employees.
5.9 	(c) Interpreter Compensation
5.10 	$400,000 in fiscal year 2022 and $400,000 in 
5.11 	fiscal year 2023 are to increase hourly fees 
5.12 	paid to qualified certified and uncertified 
5.13 	interpreters who are independent contractors 
5.14 	and assist persons disabled in communication 
5.15 	in legal proceedings.

5.16	Sec. 5. GUARDIAN AD LITEM BOARD
 	$
	22,206,000
	$
	22,889,000

5.17	Sec. 6. TAX COURT
 	$
	1,827,000
	$
	1,841,000

5.18	Sec. 7. UNIFORM LAWS COMMISSION
 	$
	100,000
	$
	100,000

5.19	Sec. 8. BOARD ON JUDICIAL STANDARDS
 	$
	580,000
	$
	586,000
	
5.20 	(a) Availability of Appropriation
5.21 	If the appropriation for either year is 
5.22 	insufficient, the appropriation for the other 
5.23 	fiscal year is available.
5.24 	(b) Major Disciplinary Actions
5.25 	$125,000 each year is for special investigative 
5.26 	and hearing costs for major disciplinary 
5.27 	actions undertaken by the board. This 
5.28 	appropriation does not cancel. Any 
5.29 	unencumbered and unspent balances remain 
5.30 	available for these expenditures until June 30, 
5.31 	2025.

6.1	Sec. 9. BOARD OF PUBLIC DEFENSE
 	$
	109,770,000
	$
	112,468,000
	
6.2 	(a) Public Defense Corporations
6.3 	$74,000 the first year and $152,000 the second 
6.4 	year are for increases to public defense 
6.5 	corporations.
6.6 	(b) Postconviction Relief Petitions
6.7 	$187,000 in fiscal year 2022 is for contract 
6.8 	attorneys to represent individuals who file 
6.9 	postconviction relief petitions.

6.10	Sec. 10. HUMAN RIGHTS
 	$
	5,668,000
	$
	5,768,000
	
6.11 	Additional Staffing and Administrative 
6.12 	Costs
6.13 	$345,000 in fiscal year 2022 and $350,000 in 
6.14 	fiscal year 2023 are for improving caseload 
6.15 	processing, costs associated with prohibiting 
6.16 	rental discrimination, staff and administrative 
6.17 	costs necessary to collect and report on crimes 
6.18 	of bias, and to develop training materials with 
6.19 	the Board of Peace Officer Standards and 
6.20 	Training.

6.21	Sec. 11. OFFICE OF THE STATE AUDITOR
 	$
	64,000
	$
	30,000
	
6.22 	Forfeiture Reporting
6.23 	$64,000 in fiscal year 2022 and $30,000 in 
6.24 	fiscal year 2023 are for costs associated with 
6.25 	forfeiture reporting requirements.

6.26	Sec. 12. DEPARTMENT OF PUBLIC SAFETY
 	$
	24,000
	$
	-0-
	
6.27 	Forfeiture Notices
6.28 	$24,000 in fiscal year 2022 is for costs for 
6.29 	technological upgrades required for generating 
6.30 	forfeiture notices and property receipts.

7.1 	Sec. 13. FEDERAL FUNDS REPLACEMENT; APPROPRIATION.
 7.2 	Notwithstanding any law to the contrary, the commissioner of management and budget 
7.3 	must determine whether the expenditures authorized under this article are eligible uses of 
7.4 	federal funding received under the Coronavirus State Fiscal Recovery Fund or any other 
7.5 	federal funds received by the state under the American Rescue Plan Act, Public Law 117-2. 
7.6 	If the commissioner of management and budget determines an expenditure is eligible for 
7.7 	funding under Public Law 117-2, the amount of the eligible expenditure is appropriated 
7.8 	from the account where those amounts have been deposited and the corresponding general 
7.9 	fund amounts appropriated under this act are canceled to the general fund.

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

7.11 	ARTICLE 2
7.12 	PUBLIC SAFETY APPROPRIATIONS

7.13	Section 1. APPROPRIATIONS.
 	
7.14 	The sums shown in the columns marked "Appropriations" are appropriated to the agencies 
7.15 	and for the purposes specified in this article. The appropriations are from the general fund, 
7.16 	or another named fund, and are available for the fiscal years indicated for each purpose. 
7.17 	The figures "2022" and "2023" used in this article mean that the appropriations listed under 
7.18 	them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively. 
7.19 	"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium" 
7.20 	is fiscal years 2022 and 2023. Appropriations for the fiscal year ending June 30, 2021, are 
7.21 	effective the day following final enactment.

7.22				APPROPRIATIONS
	
7.23				Available for the Year
	
7.24				Ending June 30
	
7.25			2021
		2022
		2023

7.26	Sec. 2. SENTENCING GUIDELINES
 	$
	826,000
	$
	851,000
	
7.27 	Information on Probation
7.28 	$86,000 each year is to collect, prepare, 
7.29 	analyze, and disseminate information about 
7.30 	probation practices.

7.31	Sec. 3. PUBLIC SAFETY

7.32
7.33	Subdivision 1.Total 
Appropriation
 	$
	1,380,000
	$
	232,135,000
	$
	228,551,000

8.1	Appropriations by Fund
	
8.2		2021
	2022
	2023
	
8.3	General
	1,365,000
	145,161,000
	142,704,000
	
8.4	Special Revenue
		14,901,000
	14,502,000
	
8.5
8.6	State Government 
Special Revenue
		103,000
	103,000
	
8.7	Environmental
		73,000
	73,000
	
8.8	Trunk Highway
		3,981,000
	3,262,000
	
8.9	911 Fund
		67,897,000
	67,888,000
	
8.10	Opioid Fund
	15,000
	19,000
	19,000
	
8.11 	The amounts that may be spent for each 
8.12 	purpose are specified in the following 
8.13 	subdivisions.

8.14	Subd. 2.Emergency Management
 		6,000,000
		6,156,000

8.15	Appropriations by Fund
	
8.16	General
	5,927,000
	6,083,000
	
8.17	Environmental
	73,000
	73,000
	
8.18 	(a) Emergency Management Grants; Report
8.19 	$3,000,000 each year is for the director of the 
8.20 	Homeland Security and Emergency 
8.21 	Management Division (HSEM) to award 
8.22 	grants in equal amounts to emergency 
8.23 	management departments in the 87 counties, 
8.24 	11 federally recognized Tribes, and four cities 
8.25 	of the first class for planning and preparedness 
8.26 	activities, including capital purchases. This 
8.27 	amount is a onetime appropriation. Local 
8.28 	emergency management departments must 
8.29 	make a request to HSEM for these grants. 
8.30 	Current local funding for emergency 
8.31 	management and preparedness activities may 
8.32 	not be supplanted by these additional state 
8.33 	funds.
8.34 	By March 15, 2023, the commissioner of 
8.35 	public safety must submit a report on the grant 
9.1 	awards to the chairs and ranking minority 
9.2 	members of the legislative committees with 
9.3 	jurisdiction over emergency management and 
9.4 	preparedness activities. At a minimum, the 
9.5 	report must summarize grantee activities and 
9.6 	identify grant recipients.
9.7 	(b) Supplemental Nonprofit Security Grants
9.8 	$225,000 each year is for supplemental 
9.9 	nonprofit security grants under this paragraph.
9.10 	Nonprofit organizations whose applications 
9.11 	for funding through the Federal Emergency 
9.12 	Management Agency's nonprofit security grant 
9.13 	program have been approved by the Division 
9.14 	of Homeland Security and Emergency 
9.15 	Management are eligible for grants under this 
9.16 	paragraph. No additional application shall be 
9.17 	required for grants under this paragraph, and 
9.18 	an application for a grant from the federal 
9.19 	program is also an application for funding 
9.20 	from the state supplemental program.
9.21 	Eligible organizations may receive grants of 
9.22 	up to $75,000, except that the total received 
9.23 	by any individual from both the federal 
9.24 	nonprofit security grant program and the state 
9.25 	supplemental nonprofit security grant program 
9.26 	shall not exceed $75,000. Grants shall be 
9.27 	awarded in an order consistent with the 
9.28 	ranking given to applicants for the federal 
9.29 	nonprofit security grant program. No grants 
9.30 	under the state supplemental nonprofit security 
9.31 	grant program shall be awarded until the 
9.32 	announcement of the recipients and the 
9.33 	amount of the grants awarded under the federal 
9.34 	nonprofit security grant program.
10.1 	The commissioner may use up to one percent 
10.2 	of the appropriation received under this 
10.3 	paragraph to pay costs incurred by the 
10.4 	department in administering the supplemental 
10.5 	nonprofit security grant program. These 
10.6 	appropriations are onetime.

10.7
10.8	Subd. 3.Criminal 
Apprehension
 		1,261,000
		80,118,000
		79,968,000

10.9	Appropriations by Fund
	
10.10	General
	1,246,000
	76,111,000
	73,680,000
	
10.11
10.12	State Government 
Special Revenue
		7,000
	7,000
	
10.13	Trunk Highway
		3,981,000
	3,262,000
	
10.14	Opioid Fund
	15,000
	19,000
	19,000
	
10.15 	(a) DWI Lab Analysis; Trunk Highway 
10.16 	Fund
10.17 	Notwithstanding Minnesota Statutes, section 
10.18 	161.20, subdivision 3, $3,981,000 the first 
10.19 	year and $3,262,000 the second year are from 
10.20 	the trunk highway fund for staff and operating 
10.21 	costs for laboratory analysis related to 
10.22 	driving-while-impaired cases.
10.23 	(b) Cybersecurity
10.24 	$2,955,000 the first year and $2,605,000 the 
10.25 	second year are for identity and access 
10.26 	management, critical infrastructure upgrades, 
10.27 	and Federal Bureau of Investigation audit 
10.28 	compliance. The base for this is $1,050,000 
10.29 	in fiscal years 2024 and 2025.
10.30 	(c) Rapid DNA Program
10.31 	$285,000 each year is from the general fund 
10.32 	for the Rapid DNA Program.
10.33 	(d) Responding to Civil Unrest
11.1 	$539,000 in fiscal year 2021 and $539,000 in 
11.2 	fiscal year 2022 is from the general fund for 
11.3 	costs related to responding to civil unrest. This 
11.4 	is a onetime appropriation.
11.5 	(e) National Guard Sexual Assault 
11.6 	Investigations
11.7 	$160,000 each year is for investigation of 
11.8 	criminal sexual conduct allegations filed 
11.9 	against members of the Minnesota National 
11.10 	Guard by another member of the Minnesota 
11.11 	National Guard. This appropriation is added 
11.12 	to the agency's base.
11.13 	(f) Predatory Offender Statutory 
11.14 	Framework Working Group
11.15 	$131,000 the first year is to convene, 
11.16 	administer, and implement the predatory 
11.17 	offender statutory framework working group.
11.18 	(g) Automatic Expungement
11.19 	$1,248,000 the first year is for costs associated 
11.20 	with providing automatic expungements.
11.21 	(h) Salary Increases; Special Agents
11.22 	$524,000 in fiscal year 2021 is appropriated 
11.23 	for Bureau of Criminal Apprehension special 
11.24 	agent salary increases. In each of fiscal years 
11.25 	2022 and 2023, $717,000 is appropriated for 
11.26 	this purpose. This amount is in addition to the 
11.27 	base appropriation for this purpose.
11.28 	(i) Salary Increases; Special Agents
11.29 	$15,000 in fiscal year 2021 is appropriated 
11.30 	from the opiate epidemic response fund for 
11.31 	Bureau of Criminal Apprehension special 
11.32 	agent salary increases. In each of fiscal years 
11.33 	2022 and 2023, $19,000 is appropriated from 
12.1 	the opiate epidemic response fund for this 
12.2 	purpose. This amount is in addition to the base 
12.3 	appropriation for this purpose.
12.4 	(j) Emergency COVID-19 Sick Leave
12.5 	$183,000 in fiscal year 2021 is for emergency 
12.6 	COVID-19 sick leave. This funding is 
12.7 	onetime.
12.8 	(k) Body Cameras
12.9 	$397,000 the first year and $205,000 the 
12.10 	second year are to purchase body cameras for 
12.11 	peace officers employed by the Bureau of 
12.12 	Criminal Apprehension and to maintain the 
12.13 	necessary hardware, software, and data.
12.14 	(l) Criminal Alert Network; Alzheimer's 
12.15 	and Dementia
12.16 	$200,000 the first year is for the criminal alert 
12.17 	network to increase membership, reduce the 
12.18 	registration fee, and create additional alert 
12.19 	categories, including at a minimum a dementia 
12.20 	and Alzheimer's disease specific category.

12.21	Subd. 4.Fire Marshal
 		8,752,000
		8,818,000

12.22	Appropriations by Fund
	
12.23	General
	178,000
	178,000
	
12.24	Special Revenue
	8,574,000
	8,640,000
	
12.25 	The special revenue fund appropriation is from 
12.26 	the fire safety account in the special revenue 
12.27 	fund and is for activities under Minnesota 
12.28 	Statutes, section 299F.012. The base 
12.29 	appropriation from this account is $8,740,000 
12.30 	in fiscal year 2024 and $8,640,000 in fiscal 
12.31 	year 2025.
12.32 	(a) Inspections
13.1 	$350,000 each year is for inspection of nursing 
13.2 	homes and boarding care facilities.
13.3 	(b) Hazmat and Chemical Assessment 
13.4 	Teams
13.5 	$950,000 the first year and $850,000 the 
13.6 	second year are from the fire safety account 
13.7 	in the special revenue fund. These amounts 
13.8 	must be used to fund the hazardous materials 
13.9 	and chemical assessment teams. Of this 
13.10 	amount, $100,000 the first year is for cases 
13.11 	for which there is no identified responsible 
13.12 	party. The base appropriation is $950,000 in 
13.13 	fiscal year 2024 and $850,000 in fiscal year 
13.14 	2025.
13.15 	(c) Bomb Squad Reimbursements
13.16 	$50,000 each year is from the general fund for 
13.17 	reimbursements to local governments for 
13.18 	bomb squad services.
13.19 	(d) Emergency Response Teams
13.20 	$675,000 each year is from the fire safety 
13.21 	account in the special revenue fund to maintain 
13.22 	four emergency response teams: one under the 
13.23 	jurisdiction of the St. Cloud Fire Department 
13.24 	or a similarly located fire department if 
13.25 	necessary; one under the jurisdiction of the 
13.26 	Duluth Fire Department; one under the 
13.27 	jurisdiction of the St. Paul Fire Department; 
13.28 	and one under the jurisdiction of the Moorhead 
13.29 	Fire Department.

13.30
13.31	Subd. 5.Firefighter Training and Education 
Board
 		5,792,000
		5,792,000

13.32	Appropriations by Fund
	
13.33	Special Revenue
	5,792,000
	5,792,000
	
14.1 	The special revenue fund appropriation is from 
14.2 	the fire safety account in the special revenue 
14.3 	fund and is for activities under Minnesota 
14.4 	Statutes, section 299F.012.

14.5	(a) Firefighter Training and Education
					
14.6 	$4,500,000 each year is for firefighter training 
14.7 	and education.
14.8 	(b) Task Force 1
14.9 	$975,000 each year is for the Minnesota Task 
14.10 	Force 1.
14.11 	(c) Air Rescue
14.12 	$317,000 each year is for the Minnesota Air 
14.13 	Rescue Team.

14.14	(d) Unappropriated Revenue
					
14.15 	Any additional unappropriated money 
14.16 	collected in fiscal year 2021 is appropriated 
14.17 	to the commissioner of public safety for the 
14.18 	purposes of Minnesota Statutes, section 
14.19 	299F.012. The commissioner may transfer 
14.20 	appropriations and base amounts between 
14.21 	activities in this subdivision.

14.22
14.23	Subd. 6.Alcohol and 
Gambling Enforcement
 		119,000
		2,648,000
		2,598,000

14.24	Appropriations by Fund
	
14.25	General
	119,000
	2,578,000
	2,528,000
	
14.26	Special Revenue
		70,000
	70,000
	
14.27 	$70,000 each year is from the lawful gambling 
14.28 	regulation account in the special revenue fund.
14.29 	(a) Legal Costs
14.30 	$93,000 the first year is for legal costs 
14.31 	associated with Alexis Bailly Vineyard, Inc. 
14.32 	v. Harrington. This is a onetime appropriation.
15.1 	(b) Responding to Civil Unrest
15.2 	$86,000 in fiscal year 2021 and $71,000 in 
15.3 	fiscal year 2022 are from the general fund for 
15.4 	costs related to responding to civil unrest. This 
15.5 	is a onetime appropriation.
15.6 	(c) Salary Increases; Special Agents
15.7 	$33,000 in fiscal year 2021 is appropriated for 
15.8 	Alcohol and Gambling Enforcement Division 
15.9 	special agent salary increases. In each of fiscal 
15.10 	years 2022 and 2023, $44,000 is appropriated 
15.11 	for this purpose. This amount is in addition to 
15.12 	the base appropriation for this purpose.
15.13 	(d) Body Cameras
15.14 	$16,000 each year is to purchase body cameras 
15.15 	for peace officers employed by the Alcohol 
15.16 	and Gambling Enforcement Division and to 
15.17 	maintain the necessary hardware, software, 
15.18 	and data.

15.19	Subd. 7.Office of Justice Programs
 		60,463,000
		60,331,000

15.20	Appropriations by Fund
	
15.21	General
	60,367,000
	60,235,000
	
15.22
15.23	State Government 
Special Revenue
	96,000
	96,000
	
15.24 	(a) Combatting Sex Trafficking Grants
15.25 	$1,000,000 each year is for an antitrafficking 
15.26 	investigation coordinator and to implement 
15.27 	new or expand existing strategies to combat 
15.28 	sex trafficking.
15.29 	(b) Survivor Support and Prevention 
15.30 	Grants
15.31 	$6,000,000 each year is for grants to victim 
15.32 	survivors and to fund emerging or unmet 
15.33 	needs impacting victims of crime, particularly 
16.1 	in underserved populations. The ongoing base 
16.2 	for this program shall be $1,500,000 beginning 
16.3 	in fiscal year 2024.
16.4 	(c) Minnesota Heals Program
16.5 	$1,500,000 each year is to establish and 
16.6 	maintain the Minnesota Heals program. Of 
16.7 	this amount, $500,000 each year is for a 
16.8 	statewide critical incident stress management 
16.9 	service for first responders; $500,000 each 
16.10 	year is for grants for establishing and 
16.11 	maintaining a community healing network; 
16.12 	and $500,000 each year is for reimbursement 
16.13 	for burial costs, cultural ceremonies, and 
16.14 	mental health and trauma healing services for 
16.15 	families following an officer-involved death.
16.16 	(d) Innovation in Community Safety Grants
16.17 	$5,000,000 each year is for innovation in 
16.18 	community safety grants administered by the 
16.19 	Innovation in Community Safety Coordinator.
16.20 	(e) Youth Intervention Program Grants
16.21 	$500,000 the first year and $500,000 the 
16.22 	second year are for youth intervention program 
16.23 	grants.
16.24 	(f) Racially Diverse Youth in Shelters
16.25 	$150,000 each year is for grants to 
16.26 	organizations to address racial disparity of 
16.27 	youth using shelter services in the Rochester 
16.28 	and St. Cloud regional areas. A grant recipient 
16.29 	shall establish and operate a pilot program to 
16.30 	engage in community intervention, family 
16.31 	reunification, aftercare, and follow up when 
16.32 	family members are released from shelter 
16.33 	services. A pilot program shall specifically 
17.1 	address the high number of racially diverse 
17.2 	youth that enter shelters in the region.
17.3 	(g) Task Force on Missing and Murdered 
17.4 	African American Women
17.5 	$202,000 the first year and $50,000 the second 
17.6 	year are to implement the task force on 
17.7 	missing and murdered African American 
17.8 	women.
17.9 	(h) Body Camera Grant Program
17.10 	$1,000,000 each year is to provide grants to 
17.11 	local law enforcement agencies for portable 
17.12 	recording systems. The executive director shall 
17.13 	award grants to local law enforcement 
17.14 	agencies for the purchase and maintenance of 
17.15 	portable recording systems and portable 
17.16 	recording system data. An applicant must 
17.17 	provide a 50 percent match to be eligible to 
17.18 	receive a grant. The executive director must 
17.19 	give priority to applicants that do not have a 
17.20 	portable recording system program. The 
17.21 	executive director must award at least one 
17.22 	grant to a law enforcement agency located 
17.23 	outside of the seven-county metropolitan area.
17.24 	As a condition of receiving a grant, a law 
17.25 	enforcement agency's portable recording 
17.26 	system policy required under Minnesota 
17.27 	Statutes, section 626.8473, subdivision 3, must 
17.28 	include the following provisions:
17.29 	(1) prohibit altering, erasing, or destroying 
17.30 	any recording made with a peace officer's 
17.31 	portable recording system or data and 
17.32 	metadata related to the recording prior to the 
17.33 	expiration of the applicable retention period 
17.34 	under Minnesota Statutes, section 13.825, 
18.1 	subdivision 3, except that the full, unedited, 
18.2 	and unredacted recording of a peace officer 
18.3 	using deadly force must be maintained 
18.4 	indefinitely;
18.5 	(2) mandate that a deceased individual's next 
18.6 	of kin, legal representative of the next of kin, 
18.7 	or other parent of the deceased individual's 
18.8 	children be entitled to view any and all 
18.9 	recordings from a peace officer's portable 
18.10 	recording system, redacted no more than what 
18.11 	is required by law, of an officer's use of deadly 
18.12 	force no later than 48 hours after an incident 
18.13 	where deadly force used by a peace officer 
18.14 	results in death of an individual, except that a 
18.15 	chief law enforcement officer may deny a 
18.16 	request if investigators can articulate a 
18.17 	compelling reason as to why allowing the 
18.18 	deceased individual's next of kin, legal 
18.19 	representative of the next of kin, or other 
18.20 	parent of the deceased individual's children to 
18.21 	review the recordings would interfere with the 
18.22 	agency conducting a thorough investigation. 
18.23 	If the chief law enforcement officer denies a 
18.24 	request under this provision, the agency's 
18.25 	policy must require the chief law enforcement 
18.26 	officer to issue a prompt, written denial and 
18.27 	provide notice to the deceased individual's 
18.28 	next of kin, legal representative of the next of 
18.29 	kin, or other parent of the deceased 
18.30 	individual's children that they may seek relief 
18.31 	from the district court;
18.32 	(3) mandate release of all recordings of an 
18.33 	incident where a peace officer used deadly 
18.34 	force and an individual dies to the deceased 
18.35 	individual's next of kin, legal representative 
19.1 	of the next of kin, and other parent of the 
19.2 	deceased individual's children no later than 90 
19.3 	days after the incident; and
19.4 	(4) mandate, whenever practicable, that an 
19.5 	officer operating a portable recording system 
19.6 	while entering a residence notify occupants 
19.7 	of the residence that they are being recorded.
19.8 	(i) Office of Missing and Murdered 
19.9 	Indigenous Relatives
19.10 	$500,000 each year is to establish and 
19.11 	maintain an office dedicated to reviewing, 
19.12 	preventing, and ending the targeting of 
19.13 	Indigenous people, disappearance of 
19.14 	Indigenous people, and deaths of Indigenous 
19.15 	people that occur under suspicious 
19.16 	circumstances through coordination with 
19.17 	Tribal nations, executive branch agencies and 
19.18 	commissions, community organizations, and 
19.19 	impacted communities.
19.20 	(j) Opiate Epidemic Response Grants
19.21 	$500,000 each year is for grants to 
19.22 	organizations selected by the Opiate Epidemic 
19.23 	Response Advisory Council that provide 
19.24 	services to address the opioid addiction and 
19.25 	overdose epidemic in Minnesota consistent 
19.26 	with the priorities in Minnesota Statutes, 
19.27 	section 256.042, subdivision 1, paragraph (a), 
19.28 	clauses (1) to (4). Grant recipients must be 
19.29 	located outside the seven-county metropolitan 
19.30 	area and in areas with disproportionately high 
19.31 	incidents of fentanyl overdoses.
19.32 	(k) Prosecutor and Law Enforcement 
19.33 	Training
20.1 	$25,000 each year is appropriated to award an 
20.2 	annual grant to the Minnesota County 
20.3 	Attorneys Association for prosecutor and law 
20.4 	enforcement training on increasing diversion 
20.5 	alternatives and using evidence-based 
20.6 	practices to increase public safety and decrease 
20.7 	racial disparities. This is a onetime 
20.8 	appropriation.
20.9 	(l) Study on Liability Insurance for Peace 
20.10 	Officers
20.11 	$100,000 in the first year is for a grant to an 
20.12 	organization with experience in studying 
20.13 	issues related to community safety and 
20.14 	criminal justice for a study on the effects of 
20.15 	requiring peace officers to carry liability 
20.16 	insurance.
20.17 	(m) Hometown Heroes Assistance Program
20.18 	$4,000,000 each year is appropriated from the 
20.19 	general fund for grants to the Minnesota 
20.20 	Firefighter Initiative to fund the hometown 
20.21 	heroes assistance program established in 
20.22 	Minnesota Statutes, section 299A.477. This 
20.23 	amount shall be added to the agency's base.
20.24 	(n) Administration Costs
20.25 	Up to 2.5 percent of the grant funds 
20.26 	appropriated in this subdivision may be used 
20.27 	by the commissioner to administer the grant 
20.28 	program.

20.29	Subd. 8.Emergency Communication Networks
 		67,897,000
		67,888,000
	
20.30 	This appropriation is from the state 
20.31 	government special revenue fund for 911 
20.32 	emergency telecommunications services.
21.1 	This appropriation includes funds for 
21.2 	information technology project services and 
21.3 	support subject to the provisions of Minnesota 
21.4 	Statutes, section 16E.0466. Any ongoing 
21.5 	information technology costs shall be 
21.6 	incorporated into the service level agreement 
21.7 	and shall be paid to the Office of MN.IT 
21.8 	Services by the Department of Public Safety 
21.9 	under the rates and mechanism specified in 
21.10 	that agreement.

21.11	(a) Public Safety Answering Points
					
21.12 	$27,328,000 the first year and $28,011,000 
21.13 	the second year shall be distributed as 
21.14 	provided in Minnesota Statutes, section 
21.15 	403.113, subdivision 2. The base appropriation 
21.16 	is $28,011,000 in fiscal year 2024 and 
21.17 	$28,011,000 in fiscal year 2025.

21.18	(b) Medical Resource Communication Centers
					
21.19 	$683,000 the first year is for grants to the 
21.20 	Minnesota Emergency Medical Services 
21.21 	Regulatory Board for the Metro East and 
21.22 	Metro West Medical Resource 
21.23 	Communication Centers that were in operation 
21.24 	before January 1, 2000. This is a onetime 
21.25 	appropriation.
21.26 	(c) ARMER State Backbone Operating 
21.27 	Costs
21.28 	$9,675,000 each year is transferred to the 
21.29 	commissioner of transportation for costs of 
21.30 	maintaining and operating the statewide radio 
21.31 	system backbone.
21.32 	(d) ARMER Improvements
22.1 	$1,000,000 each year is to the Statewide 
22.2 	Emergency Communications Board for 
22.3 	improvements to those elements of the 
22.4 	statewide public safety radio and 
22.5 	communication system that support mutual 
22.6 	aid communications and emergency medical 
22.7 	services or provide interim enhancement of 
22.8 	public safety communication interoperability 
22.9 	in those areas of the state where the statewide 
22.10 	public safety radio and communication system 
22.11 	is not yet implemented, and grants to local 
22.12 	units of government to further the strategic 
22.13 	goals set forth by the Statewide Emergency 
22.14 	Communications Board strategic plan.
22.15 	(e) 911 Telecommunicator Working Group
22.16 	$9,000 the first year is to convene, administer, 
22.17 	and implement the telecommunicator working 
22.18 	group.

22.19	Subd. 9.Driver and Vehicle Services
 		465,000
		-0-
	
22.20 	$465,000 the first year is from the driver 
22.21 	services operating account in the special 
22.22 	revenue fund for the ignition interlock 
22.23 	program under Minnesota Statutes, section 
22.24 	171.306.

22.25
22.26	Sec. 4. PEACE OFFICER STANDARDS AND 
TRAINING (POST) BOARD

22.27	Subdivision 1.Total Appropriation
 	$
	12,546,000
	$
	12,546,000
	
22.28 	The amounts that may be spent for each 
22.29 	purpose are specified in the following 
22.30 	subdivisions.

22.31	Subd. 2.Peace Officer Training Reimbursements
 					
22.32 	$2,949,000 each year is for reimbursements 
22.33 	to local governments for peace officer training 
22.34 	costs.

23.1	Subd. 3.Peace Officer Training Assistance
 					
23.2 	(a) Philando Castile Memorial Training 
23.3 	Fund
23.4 	$6,000,000 each year is to support and 
23.5 	strengthen law enforcement training and 
23.6 	implement best practices. This funding shall 
23.7 	be named the "Philando Castile Memorial 
23.8 	Training Fund." The base for this program 
23.9 	shall be $6,000,000 in fiscal year 2024 and $0 
23.10 	in fiscal year 2025.
23.11 	Each sponsor of a training course is required 
23.12 	to include the following in the sponsor's 
23.13 	application for approval submitted to the 
23.14 	board: course goals and objectives; a course 
23.15 	outline including at a minimum a timeline and 
23.16 	teaching hours for all courses; instructor 
23.17 	qualifications, including skills and concepts 
23.18 	such as crisis intervention, de-escalation, and 
23.19 	cultural competency that are relevant to the 
23.20 	course provided; and a plan for learning 
23.21 	assessments of the course and documenting 
23.22 	the assessments to the board during review. 
23.23 	Upon completion of each course, instructors 
23.24 	must submit student evaluations of the 
23.25 	instructor's teaching to the sponsor.
23.26 	The board shall keep records of the 
23.27 	applications of all approved and denied 
23.28 	courses. All continuing education courses shall 
23.29 	be reviewed after the first year. The board 
23.30 	must set a timetable for recurring review after 
23.31 	the first year. For each review, the sponsor 
23.32 	must submit its learning assessments to the 
23.33 	board to show that the course is teaching the 
23.34 	learning outcomes that were approved by the 
23.35 	board.
24.1 	A list of licensees who successfully complete 
24.2 	the course shall be maintained by the sponsor 
24.3 	and transmitted to the board following the 
24.4 	presentation of the course and the completed 
24.5 	student evaluations of the instructors. 
24.6 	Evaluations are available to chief law 
24.7 	enforcement officers. The board shall establish 
24.8 	a data retention schedule for the information 
24.9 	collected in this section.
24.10 	(b) Grant Program for Public Safety Policy 
24.11 	and Training Consultant Costs
24.12 	$500,000 each year is for grants to law 
24.13 	enforcement agencies to provide 
24.14 	reimbursement for the expense of retaining a 
24.15 	board-approved public safety policy and 
24.16 	training consultant. The base appropriation is 
24.17 	$1,000,000 in fiscal year 2024 and $1,000,000 
24.18 	in fiscal year 2025.

24.19	Sec. 5. PRIVATE DETECTIVE BOARD
 	$
	282,000
	$
	288,000

24.20	Sec. 6. CORRECTIONS

24.21
24.22	Subdivision 1.Total 
Appropriation
 	$
	2,384,000
	$
	634,883,000
	$
	639,916,000
	
24.23 	The amounts that may be spent for each 
24.24 	purpose are specified in the following 
24.25 	subdivisions.

24.26
24.27	Subd. 2.Correctional 
Institutions
 		2,384,000
		463,796,000
		469,470,000
	
24.28 	(a) Healthy Start Act
24.29 	$200,000 each year is to implement the 
24.30 	healthy start act that shall create a release 
24.31 	program for pregnant women and new mothers 
24.32 	who are committed to the commissioner of 
24.33 	corrections by providing alternatives to 
24.34 	incarceration and improving parenting skills.
25.1 	(b) Prescription Medications
25.2 	$17,000 the first year and $20,000 the second 
25.3 	year are to provide a one-month supply of any 
25.4 	prescribed, nonnarcotic medications and a 
25.5 	prescription for a 30-day supply of these 
25.6 	medications that may be refilled twice to 
25.7 	inmates at the time of their release.
25.8 	(c) Emergency COVID-19 Sick Leave
25.9 	$2,321,000 in fiscal year 2021 and $2,320,000 
25.10 	in fiscal year 2022 are for emergency 
25.11 	COVID-19 sick leave.
25.12 	(d) Juvenile Review Board
25.13 	$50,000 in the second year is for 
25.14 	implementation of the Juvenile Review Board.
25.15 	(e) Salary Increases; Fugitive Specialists
25.16 	$63,000 in fiscal year 2021 is for fugitive 
25.17 	specialist salary increases. In each of fiscal 
25.18 	years 2022 and 2023, $93,000 is appropriated 
25.19 	for this purpose. This amount is in addition to 
25.20 	the base appropriation for this purpose.

25.21
25.22	Subd. 3.Community 
Services
 				140,222,000
		139,356,000
	
25.23 	(a) Oversight
25.24 	$992,000 the first year and $492,000 the 
25.25 	second year are to expand and improve 
25.26 	oversight of jails and other state and local 
25.27 	correctional facilities, including the addition 
25.28 	of four full-time corrections detention facilities 
25.29 	inspectors and funds for county sheriffs who 
25.30 	inspect municipal lockups.
25.31 	(b) Juvenile Justice
26.1 	$1,660,000 the first year and $660,000 the 
26.2 	second year are to develop and implement a 
26.3 	juvenile justice data repository and modernize 
26.4 	the current juvenile management system 
26.5 	including but not limited to technology and 
26.6 	staffing costs. $285,000 is added to the base 
26.7 	in each of fiscal years 2024 and 2025.
26.8 	(c) Community Corrections Act
26.9 	$1,220,000 each year is added to the 
26.10 	Community Corrections Act subsidy, as 
26.11 	described in Minnesota Statutes, section 
26.12 	401.14. This is a onetime increase for the 
26.13 	biennium and requires the submission of a 
26.14 	report to the legislature no later than December 
26.15 	15, 2021, with recommendations from a 
26.16 	working group established to study 
26.17 	supervision services and funding across the 
26.18 	state and develop recommendations. The base 
26.19 	for this appropriation increase is $0 in fiscal 
26.20 	year 2024 and $0 in fiscal year 2025.
26.21 	The commissioner of corrections shall convene 
26.22 	a working group to study and report to the 
26.23 	legislature on the attributes and requirements 
26.24 	of an effective supervision system. The report 
26.25 	shall describe how the state and counties can 
26.26 	achieve an effective supervision system 
26.27 	together, balancing local control with state 
26.28 	support and collaboration. The report shall 
26.29 	include: a proposal for sustainable funding of 
26.30 	the state's community supervision delivery 
26.31 	systems; a plan for the potential of future 
26.32 	Tribal government supervision of probationers 
26.33 	and supervised releasees; a definition of core 
26.34 	or base-level supervision standards in 
26.35 	accordance with the state's obligation to fund 
27.1 	or provide supervision services which are 
27.2 	geographically equitable and reflect the 
27.3 	principles of modern correctional practice; a 
27.4 	recommended funding model and the 
27.5 	associated costs as compared to the state's 
27.6 	current investment in those services; 
27.7 	alternative funding and delivery models and 
27.8 	the alternative models' associated costs when 
27.9 	compared with the state's current investment 
27.10 	in those services; and mechanisms to ensure 
27.11 	balanced application of increases in the cost 
27.12 	of community supervision services.
27.13 	The working group shall at a minimum include 
27.14 	the following members: the commissioner of 
27.15 	corrections or the commissioner's designee 
27.16 	and four other representatives from the 
27.17 	Department of Corrections, five directors of 
27.18 	the Minnesota Association of Community 
27.19 	Corrections Act Counties, five directors of the 
27.20 	Minnesota Association of County Probation 
27.21 	Offices, three county commissioner 
27.22 	representatives from the Association of 
27.23 	Minnesota Counties with one from each 
27.24 	delivery system, three representatives of the 
27.25 	Minnesota Indian Affairs Council Tribal 
27.26 	government members, and two district court 
27.27 	judge representatives designated by the State 
27.28 	Court Administrator. The working group may 
27.29 	include other members and the use of a 
27.30 	third-party organization to provide process 
27.31 	facilitation, statewide stakeholder engagement, 
27.32 	data analysis, programming and supervision 
27.33 	assessments, and technical assistance through 
27.34 	implementation of the adopted report 
27.35 	recommendations.
28.1 	The report shall be submitted to the chairs and 
28.2 	ranking minority members of the house of 
28.3 	representatives Public Safety Committee and 
28.4 	the senate Judiciary and Finance Committees 
28.5 	no later than December 15, 2021.
28.6 	(d) County Probation Officer 
28.7 	Reimbursement
28.8 	$101,000 each year is for county probation 
28.9 	officers reimbursement, as described in 
28.10 	Minnesota Statutes, section 244.19, 
28.11 	subdivision 6. This is a onetime increase for 
28.12 	the biennium and requires the submission of 
28.13 	a report to the legislature no later than 
28.14 	December 15, 2021, with recommendations 
28.15 	from a working group established to study 
28.16 	supervision services and funding across the 
28.17 	state and develop recommendations. The base 
28.18 	for this appropriations increase is $0 in fiscal 
28.19 	year 2024 and $0 in fiscal year 2025.
28.20 	(e) Probation Supervision Services
28.21 	$1,170,000 each year is for probation 
28.22 	supervision services provided by the 
28.23 	Department of Corrections in Meeker, Mille 
28.24 	Lacs, and Renville Counties as described in 
28.25 	Minnesota Statutes, section 244.19, 
28.26 	subdivision 1. The commissioner of 
28.27 	corrections shall bill Meeker, Mille Lacs, and 
28.28 	Renville Counties for the total cost of and 
28.29 	expenses incurred for probation services on 
28.30 	behalf of each county, as described in 
28.31 	Minnesota Statutes, section 244.19, 
28.32 	subdivision 5, and all reimbursements shall 
28.33 	be deposited in the general fund.
29.1 	(f) Task Force on Aiding and Abetting 
29.2 	Felony Murder
29.3 	$25,000 the first year is to implement the task 
29.4 	force on aiding and abetting felony murder.
29.5 	(g) Alternatives to Incarceration
29.6 	$320,000 each year is for funding to Anoka 
29.7 	County, Crow Wing County, and Wright 
29.8 	County to facilitate access to community 
29.9 	treatment options under the alternatives to 
29.10 	incarceration program.
29.11 	(h) Task Force on Presentence Investigation 
29.12 	Reports
29.13 	$15,000 the first year is to implement the task 
29.14 	force on the contents and use of presentence 
29.15 	investigation reports and imposition of 
29.16 	conditions of probation.
29.17 	(i) Juvenile Justice Report
29.18 	$55,000 the first year and $9,000 the second 
29.19 	year are for reporting on extended jurisdiction 
29.20 	juveniles.
29.21 	(j) Postrelease Employment for Inmates 
29.22 	Grant; Request for Proposals
29.23 	$300,000 the first year is for a grant to a 
29.24 	nongovernmental organization to provide 
29.25 	curriculum and corporate mentors to inmates 
29.26 	and assist inmates in finding meaningful 
29.27 	employment upon release from a correctional 
29.28 	facility. By September 1, 2021, the 
29.29 	commissioner of corrections must issue a 
29.30 	request for proposals. By December 1, 2021, 
29.31 	the commissioner shall award a $300,000 grant 
29.32 	to the applicant that is best qualified to provide 
29.33 	the programming described in this paragraph.
30.1 	(k) Homelessness Mitigation Plan
30.2 	$12,000 the first year is to develop and 
30.3 	implement a homelessness mitigation plan for 
30.4 	individuals released from prison.
30.5 	(l) Identifying Documents
30.6 	$23,000 the first year and $28,000 the second 
30.7 	year are to assist inmates in obtaining a copy 
30.8 	of their birth certificates and provide 
30.9 	appropriate Department of Corrections 
30.10 	identification cards to individuals released 
30.11 	from prison.

30.12	Subd. 4.Operations Support
 		30,665,000
		31,090,000
	
30.13 	(a) Technology
30.14 	$1,566,000 the first year and $1,621,000 the 
30.15 	second year are to increase support for 
30.16 	ongoing technology needs.
30.17 	(b) Correctional Facilities Security Audit 
30.18 	Group
30.19 	$54,000 the first year and $81,000 the second 
30.20 	year are for the correctional facilities security 
30.21 	audit group to prepare security audit standards, 
30.22 	conduct security audits, and prepare required 
30.23 	reports.
30.24 	(c) Indeterminate Sentence Release Board
30.25 	$40,000 in each fiscal year is to establish the 
30.26 	Indeterminate Sentence Release Board (ISRB) 
30.27 	to review eligible cases and make decisions 
30.28 	for persons serving indeterminate sentences 
30.29 	under the authority of the commissioner of 
30.30 	corrections. The ISRB shall consist of five 
30.31 	members including four persons appointed by 
30.32 	the governor from two recommendations of 
30.33 	each of the majority and minority leaders of 
31.1 	the house of representatives and the senate, 
31.2 	and the commissioner of corrections who shall 
31.3 	serve as chair.

31.4
31.5	Sec. 7. OMBUDSPERSON FOR 
CORRECTIONS
 	$
	659,000
	$
	663,000

31.6	Sec. 8. SUPREME COURT
 	$
	545,000
	$
	545,000
	
31.7 	$545,000 each year is for temporary caseload 
31.8 	increases resulting from changes to the laws 
31.9 	governing expungement of criminal records.

31.10	Sec. 9. PUBLIC DEFENSE
 	$
	25,000
	$
	25,000
	
31.11 	$25,000 each year is for public defender 
31.12 	training on increasing diversion alternatives 
31.13 	and using evidence-based practices to increase 
31.14 	public safety and decrease racial disparities. 
31.15 	This is a onetime appropriation.

31.16 	Sec. 10. TRANSFERS.
 31.17 	$5,265,000 in fiscal year 2022 is transferred from the MINNCOR fund to the general 
31.18 	fund.

31.19 	Sec. 11. CANCELLATION; FISCAL YEAR 2021.
 31.20 	$345,000 of the fiscal year 2021 general fund appropriation under Laws 2019, First 
31.21 	Special Session chapter 5, article 1, section 12, subdivision 1, is canceled.

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

31.23 	ARTICLE 3
31.24 	DISASTER ASSISTANCE

31.25 	Section 1. APPROPRIATION; DISASTER ASSISTANCE CONTINGENCY 
31.26 	ACCOUNT.
 31.27 	$30,000,000 in fiscal year 2021 is appropriated from the general fund to the commissioner 
31.28 	of public safety for deposit in the disaster assistance contingency account established under 
31.29 	Minnesota Statutes, section 12.221, subdivision 6.

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

32.1 	ARTICLE 4
32.2 	ACCESS TO COURTS; DISTRIBUTION OF FEES; DEADLINES

32.3 	Section 1. Minnesota Statutes 2020, section 2.722, subdivision 1, is amended to read:
32.4 		Subdivision 1.Description. Effective July 1, 1959, the state is divided into ten judicial 
32.5 	districts composed of the following named counties, respectively, in each of which districts 
32.6 	judges shall be chosen as hereinafter specified:
32.7 	1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four 
32.8 	permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe 
32.9 	and one other shall be maintained at the place designated by the chief judge of the district;
32.10 	2. Ramsey; 26 judges;
32.11 	3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower, 
32.12 	and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert 
32.13 	Lea, Austin, Rochester, and Winona;
32.14 	4. Hennepin; 60 judges;
32.15 	5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood, 
32.16 	Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 17 judges; and 
32.17 	permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, and 
32.18 	Mankato;
32.19 	6. Carlton, St. Louis, Lake, and Cook; 15 judges;
32.20 	7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and 
32.21 	Wadena; 30 judges; and permanent chambers shall be maintained in Moorhead, Fergus 
32.22 	Falls, Little Falls, and St. Cloud;
32.23 	8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big 
32.24 	Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers 
32.25 	shall be maintained in Morris, Montevideo, and Willmar;
32.26 	9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin, 
32.27 	Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and 
32.28 	Koochiching; 24 judges; and permanent chambers shall be maintained in Crookston, Thief 
32.29 	River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
32.30 	10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45 
32.31 	judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places 
32.32 	designated by the chief judge of the district.

33.1 	Sec. 2. Minnesota Statutes 2020, section 260C.163, subdivision 3, is amended to read:
33.2 		Subd. 3.Appointment of counsel. (a) The child, parent, guardian or custodian has the 
33.3 	right to effective assistance of counsel in connection with a proceeding in juvenile court as 
33.4 	provided in this subdivision.
33.5 	(b) Except in proceedings where the sole basis for the petition is habitual truancy, if the 
33.6 	child desires counsel but is unable to employ it, the court shall appoint counsel to represent 
33.7 	the child who is ten years of age or older under section 611.14, clause (4), or other counsel 
33.8 	at public expense.
33.9 	(c) Except in proceedings where the sole basis for the petition is habitual truancy, if the 
33.10 	parent, guardian, or custodian desires counsel but is unable to employ it, the court shall 
33.11 	appoint counsel to represent the parent, guardian, or custodian in any case in which it feels 
33.12 	that such an appointment is appropriate if the person would be financially unable to obtain 
33.13 	counsel under the guidelines set forth in section 611.17. In all juvenile protection proceedings 
33.14 	where a child risks removal from the care of the child's parent, guardian, or custodian, 
33.15 	including a child in need of protection or services petition, an action pursuing removal of 
33.16 	a child from the child's home, a termination of parental rights petition, or a petition for any 
33.17 	other permanency disposition under section 260C.515, if the parent, guardian, or custodian 
33.18 	desires counsel and is eligible for counsel under section 611.17, the court shall appoint 
33.19 	counsel to represent each parent, guardian, or custodian at the first hearing on the petition 
33.20 	and at all stages of the proceedings. Court appointed counsel shall be at county expense as 
33.21 	outlined in paragraph (h).
33.22 	(d) In any proceeding where the subject of a petition for a child in need of protection or 
33.23 	services is ten years of age or older, the responsible social services agency shall, within 14 
33.24 	days after filing the petition or at the emergency removal hearing under section 260C.178, 
33.25 	subdivision 1, if the child is present, fully and effectively inform the child of the child's 
33.26 	right to be represented by appointed counsel upon request and shall notify the court as to 
33.27 	whether the child desired counsel. Information provided to the child shall include, at a 
33.28 	minimum, the fact that counsel will be provided without charge to the child, that the child's 
33.29 	communications with counsel are confidential, and that the child has the right to participate 
33.30 	in all proceedings on a petition, including the opportunity to personally attend all hearings. 
33.31 	The responsible social services agency shall also, within 14 days of the child's tenth birthday, 
33.32 	fully and effectively inform the child of the child's right to be represented by counsel if the 
33.33 	child reaches the age of ten years while the child is the subject of a petition for a child in 
33.34 	need of protection or services or is a child under the guardianship of the commissioner.
34.1 	(e) In any proceeding where the sole basis for the petition is habitual truancy, the child, 
34.2 	parent, guardian, and custodian do not have the right to appointment of a public defender 
34.3 	or other counsel at public expense. However, before any out-of-home placement, including 
34.4 	foster care or inpatient treatment, can be ordered, the court must appoint a public defender 
34.5 	or other counsel at public expense in accordance with this subdivision.
34.6 	(f) Counsel for the child shall not also act as the child's guardian ad litem.
34.7 	(g) In any proceeding where the subject of a petition for a child in need of protection or 
34.8 	services is not represented by an attorney, the court shall determine the child's preferences 
34.9 	regarding the proceedings, including informing the child of the right to appointed counsel 
34.10 	and asking whether the child desires counsel, if the child is of suitable age to express a 
34.11 	preference.
34.12 	(h) Court-appointed counsel for the parent, guardian, or custodian under this subdivision 
34.13 	is at county expense. If the county has contracted with counsel meeting qualifications under 
34.14 	paragraph (i), the court shall appoint the counsel retained by the county, unless a conflict 
34.15 	of interest exists. If a conflict exists, after consulting with the chief judge of the judicial 
34.16 	district or the judge's designee, the county shall contract with competent counsel to provide 
34.17 	the necessary representation. The court may appoint only one counsel at public expense for 
34.18 	the first court hearing to represent the interests of the parents, guardians, and custodians, 
34.19 	unless, at any time during the proceedings upon petition of a party, the court determines 
34.20 	and makes written findings on the record that extraordinary circumstances exist that require 
34.21 	counsel to be appointed to represent a separate interest of other parents, guardians, or 
34.22 	custodians subject to the jurisdiction of the juvenile court.
34.23 	(i) Counsel retained by the county under paragraph (h) must meet the qualifications 
34.24 	established by the Judicial Council in at least one of the following: (1) has a minimum of 
34.25 	two years' experience handling child protection cases; (2) has training in handling child 
34.26 	protection cases from a course or courses approved by the Judicial Council; or (3) is 
34.27 	supervised by an attorney who meets the minimum qualifications under clause (1) or (2).

34.28 	EFFECTIVE DATE. This section is effective July 1, 2022, except the amendment 
34.29 	striking paragraph (i) is effective the day following final enactment.

34.30 	Sec. 3. Minnesota Statutes 2020, section 357.021, subdivision 1a, is amended to read:
34.31 		Subd. 1a.Transmittal of fees to commissioner of management and budget. (a) Every 
34.32 	person, including the state of Minnesota and all bodies politic and corporate, who shall 
34.33 	transact any business in the district court, shall pay to the court administrator of said court 
35.1 	the sundry fees prescribed in subdivision 2. Except as provided in paragraph (d), the court 
35.2 	administrator shall transmit the fees monthly to the commissioner of management and budget 
35.3 	for deposit in the state treasury and credit to the general fund. $30 of each fee collected in 
35.4 	a dissolution action under subdivision 2, clause (1), must be deposited by the commissioner 
35.5 	of management and budget in the special revenue fund and is appropriated to the 
35.6 	commissioner of employment and economic development for the Minnesota Family 
35.7 	Resiliency Partnership under section 116L.96.
35.8 	(b) In a county which has a screener-collector position, fees paid by a county pursuant 
35.9 	to this subdivision shall be transmitted monthly to the county treasurer, who shall apply the 
35.10 	fees first to reimburse the county for the amount of the salary paid for the screener-collector 
35.11 	position. The balance of the fees collected shall then be forwarded to the commissioner of 
35.12 	management and budget for deposit in the state treasury and credited to the general fund. 
35.13 	In a county in a judicial district under section 480.181, subdivision 1, paragraph (b), which 
35.14 	has a screener-collector position, the fees paid by a county shall be transmitted monthly to 
35.15 	the commissioner of management and budget for deposit in the state treasury and credited 
35.16 	to the general fund. A screener-collector position for purposes of this paragraph is an 
35.17 	employee whose function is to increase the collection of fines and to review the incomes 
35.18 	of potential clients of the public defender, in order to verify eligibility for that service.
35.19 	(c) No fee is required under this section from the public authority or the party the public 
35.20 	authority represents in an action for:
35.21 	(1) child support enforcement or modification, medical assistance enforcement, or 
35.22 	establishment of parentage in the district court, or in a proceeding under section 484.702;
35.23 	(2) civil commitment under chapter 253B;
35.24 	(3) the appointment of a public conservator or public guardian or any other action under 
35.25 	chapters 252A and 525;
35.26 	(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or recovery 
35.27 	of overpayments of public assistance;
35.28 	(5) court relief under chapters 260, 260A, 260B, and 260C;
35.29 	(6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;
35.30 	(7) recovery of amounts issued by political subdivisions or public institutions under 
35.31 	sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 
35.32 	260B.331, and 260C.331, or other sections referring to other forms of public assistance;
35.33 	(8) restitution under section 611A.04; or
36.1 	(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14, 
36.2 	subdivision 5.
36.3 	(d) $20 from each fee collected for child support modifications under subdivision 2, 
36.4 	clause (13), must be transmitted to the county treasurer for deposit in the county general 
36.5 	fund and $35 from each fee shall be credited to the state general fund. The fees must be 
36.6 	used by the county to pay for child support enforcement efforts by county attorneys.
36.7 	(e) No fee is required under this section from any federally recognized Indian Tribe or 
36.8 	its representative in an action for:
36.9 	(1) child support enforcement or modification, medical assistance enforcement, or 
36.10 	establishment of parentage in the district court or in a proceeding under section 484.702;
36.11 	(2) civil commitment under chapter 253B;
36.12 	(3) the appointment of a public conservator or public guardian or any other action under 
36.13 	chapters 252A and 525; or
36.14 	(4) court relief under chapters 260, 260A, 260B, 260C, and 260D.

36.15 	Sec. 4. Minnesota Statutes 2020, section 477A.03, subdivision 2b, is amended to read:
36.16 		Subd. 2b.Counties. (a) For aids payable in 2018 and 2019, the total aid payable under 
36.17 	section 477A.0124, subdivision 3, is $103,795,000, of which $3,000,000 shall be allocated 
36.18 	as required under Laws 2014, chapter 150, article 4, section 6. For aids payable in 2020, 
36.19 	the total aid payable under section 477A.0124, subdivision 3, is $116,795,000, of which 
36.20 	$3,000,000 shall be allocated as required under Laws 2014, chapter 150, article 4, section 
36.21 	6. For aids payable in 2021 through 2024, the total aid payable under section 477A.0124, 
36.22 	subdivision 3, is $118,795,000, of which $3,000,000 shall be allocated as required under 
36.23 	Laws 2014, chapter 150, article 4, section 6. For aids payable in 2025 and thereafter, the 
36.24 	total aid payable under section 477A.0124, subdivision 3, is $115,795,000. Each calendar 
36.25 	year, On or before the first installment date provided in section 477A.015, paragraph (a),
36.26 	$500,000 of this appropriation shall be retained transferred each year by the commissioner 
36.27 	of revenue to make reimbursements to the commissioner of management and budget the 
36.28 	Board of Public Defense for payments made the payment of service under section 611.27. 
36.29 	The reimbursements shall be to defray the additional costs associated with court-ordered 
36.30 	counsel under section 611.27. Any retained transferred amounts not used for reimbursement
36.31 	expended or encumbered in a fiscal year shall be certified by the Board of Public Defense 
36.32 	to the commissioner of revenue on or before October 1 and shall be included in the next 
37.1 	distribution certification of county need aid that is certified to the county auditors for the 
37.2 	purpose of property tax reduction for the next taxes payable year.
37.3 	(b) For aids payable in 2018 and 2019, the total aid under section 477A.0124, subdivision 
37.4 	4, is $130,873,444. For aids payable in 2020, the total aid under section 477A.0124, 
37.5 	subdivision 4, is $143,873,444. For aids payable in 2021 and thereafter, the total aid under 
37.6 	section 477A.0124, subdivision 4, is $145,873,444. The commissioner of revenue shall 
37.7 	transfer to the commissioner of management and budget $207,000 annually for the cost of 
37.8 	preparation of local impact notes as required by section 3.987, and other local government 
37.9 	activities. The commissioner of revenue shall transfer to the commissioner of education 
37.10 	$7,000 annually for the cost of preparation of local impact notes for school districts as 
37.11 	required by section 3.987. The commissioner of revenue shall deduct the amounts transferred 
37.12 	under this paragraph from the appropriation under this paragraph. The amounts transferred 
37.13 	are appropriated to the commissioner of management and budget and the commissioner of 
37.14 	education respectively.

37.15 	Sec. 5. Minnesota Statutes 2020, section 484.85, is amended to read:
37.16 	484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY; ACCOUNTS; 
37.17 	RAMSEY COUNTY DISTRICT COURT.
37.18 	(a) In all cases prosecuted in Ramsey County District Court by an attorney for a 
37.19 	municipality or subdivision of government within Ramsey County for violation of a statute; 
37.20 	an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties, and 
37.21 	forfeitures collected by the court administrator shall be deposited in the state treasury and 
37.22 	distributed according to this paragraph. Except where a different disposition is provided by 
37.23 	section 299D.03, subdivision 5, or other law, on or before the last day of each month, the 
37.24 	court shall pay over all fines, penalties, and forfeitures collected by the court administrator 
37.25 	during the previous month as follows:
37.26 	(1) for offenses committed within the city of St. Paul, two-thirds paid to the treasurer 
37.27 	of the city of St. Paul municipality or subdivision of government within Ramsey County
37.28 	and one-third credited to the state general fund; and.
37.29 	(2) for offenses committed within any other municipality or subdivision of government 
37.30 	within Ramsey County, one-half paid to the treasurer of the municipality or subdivision of 
37.31 	government and one-half credited to the state general fund.
37.32 	All other fines, penalties, and forfeitures collected by the district court shall be distributed 
37.33 	by the courts as provided by law.
38.1 	(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph (a) 
38.2 	when:
38.3 	(1) a city contracts with the county attorney for prosecutorial services under section 
38.4 	484.87, subdivision 3; or
38.5 	(2) the attorney general provides assistance to the city attorney under section 484.87, 
38.6 	subdivision 5.

38.7 	EFFECTIVE DATE. This section is effective July 1, 2022.

38.8 	Sec. 6. Minnesota Statutes 2020, section 590.01, subdivision 4, is amended to read:
38.9 		Subd. 4.Time limit. (a) No petition for postconviction relief may be filed more than 
38.10 	two years after the later of:
38.11 	(1) the entry of judgment of conviction or sentence if no direct appeal is filed; or
38.12 	(2) an appellate court's disposition of petitioner's direct appeal.
38.13 	(b) Notwithstanding paragraph (a), a court may hear a petition for postconviction relief 
38.14 	if:
38.15 	(1) the petitioner establishes that a physical disability or mental disease precluded a 
38.16 	timely assertion of the claim;
38.17 	(2) the petitioner alleges the existence of newly discovered evidence, including scientific 
38.18 	evidence, that could not have been ascertained by the exercise of due diligence by the 
38.19 	petitioner or petitioner's attorney within the two-year time period for filing a postconviction 
38.20 	petition, and the evidence is not cumulative to evidence presented at trial, is not for 
38.21 	impeachment purposes, and establishes by a clear and convincing standard that the petitioner 
38.22 	is innocent of the offense or offenses for which the petitioner was convicted;
38.23 	(3) the petitioner asserts a new interpretation of federal or state constitutional or statutory 
38.24 	law by either the United States Supreme Court or a Minnesota appellate court and the 
38.25 	petitioner establishes that this interpretation is retroactively applicable to the petitioner's 
38.26 	case;
38.27 	(4) the petition is brought pursuant to subdivision 3; or
38.28 	(5) the petitioner establishes to the satisfaction of the court that the petition is not frivolous 
38.29 	and is in the interests of justice.; or
38.30 	(6) the petitioner is either placed into immigration removal proceedings, or detained for 
38.31 	the purpose of removal from the United States, or received notice to report for removal, as 
39.1 	a result of a conviction that was obtained by relying on incorrect advice or absent advice 
39.2 	from counsel on immigration consequences.
39.3 	(c) Any petition invoking an exception provided in paragraph (b) must be filed within 
39.4 	two years of the date the claim arises.

39.5 	Sec. 7. Minnesota Statutes 2020, section 611.21, is amended to read:
39.6 	611.21 SERVICES OTHER THAN COUNSEL.
39.7 	(a) Counsel appointed by the court for an indigent defendant, or representing a defendant 
39.8 	who, at the outset of the prosecution, has an annual income not greater than 125 percent of 
39.9 	the poverty line established under United States Code, title 42, section 9902(2), may file 
39.10 	an ex parte application requesting investigative, expert, interpreter, or other services necessary 
39.11 	to an adequate defense in the case. Upon finding, after appropriate inquiry in an ex parte 
39.12 	proceeding, that the services are necessary and that the defendant is financially unable to 
39.13 	obtain them, the court shall authorize counsel to obtain the services on behalf of the 
39.14 	defendant. The court may establish a limit on the amount which may be expended or promised 
39.15 	for such services. The court may, in the interests of justice, and upon a finding that timely 
39.16 	procurement of necessary services could not await prior authorization, ratify such services 
39.17 	after they have been obtained, but such ratification shall be given only in unusual situations. 
39.18 	The court shall determine reasonable compensation for the services and direct payment by 
39.19 	the county in which the prosecution originated, to the organization or person who rendered 
39.20 	them, upon the filing of a claim for compensation supported by an affidavit specifying the 
39.21 	time expended, services rendered, and expenses incurred on behalf of the defendant, and 
39.22 	the compensation received in the same case or for the same services from any other source.
39.23 	(b) The compensation to be paid to a person for such service rendered to a defendant 
39.24 	under this section, or to be paid to an organization for such services rendered by an employee, 
39.25 	may not exceed $1,000, exclusive of reimbursement for expenses reasonably incurred, 
39.26 	unless payment in excess of that limit is certified by the court as necessary to provide fair 
39.27 	compensation for services of an unusual character or duration and the amount of the excess 
39.28 	payment is approved by the chief judge of the district. The chief judge of the judicial district 
39.29 	may delegate approval authority to an active district judge.
39.30 	(c) If the court denies authorizing counsel to obtain services on behalf of the defendant, 
39.31 	the court shall make written findings of fact and conclusions of law that state the basis for 
39.32 	determining that counsel may not obtain services on behalf of the defendant. When the court 
39.33 	issues an order denying counsel the authority to obtain services, the defendant may appeal 
39.34 	immediately from that order to the court of appeals and may request an expedited hearing.

40.1 	Sec. 8. Minnesota Statutes 2020, section 611.27, subdivision 9, is amended to read:
40.2 		Subd. 9.Request for other appointment of counsel. The chief district public defender 
40.3 	with the approval of may request that the state public defender may request that the chief 
40.4 	judge of the district court, or a district court judge designated by the chief judge, authorize 
40.5 	appointment of counsel other than the district public defender in such cases.

40.6 	Sec. 9. Minnesota Statutes 2020, section 611.27, subdivision 10, is amended to read:
40.7 		Subd. 10.Addition of permanent staff. The chief public defender may not request the 
40.8 	court nor may the court order state public defender approve the addition of permanent staff 
40.9 	under subdivision 7.

40.10 	Sec. 10. Minnesota Statutes 2020, section 611.27, subdivision 11, is amended to read:
40.11 		Subd. 11.Appointment of counsel. If the court state public defender finds that the 
40.12 	provision of adequate legal representation, including associated services, is beyond the 
40.13 	ability of the district public defender to provide, the court shall order state public defender 
40.14 	may approve counsel to be appointed, with compensation and expenses to be paid under 
40.15 	the provisions of this subdivision and subdivision 7. Counsel in such cases shall be appointed 
40.16 	by the chief district public defender. If the court issues an order denying the request, the 
40.17 	court shall make written findings of fact and conclusions of law. Upon denial, the chief 
40.18 	district public defender may immediately appeal the order denying the request to the court 
40.19 	of appeals and may request an expedited hearing.

40.20 	Sec. 11. Minnesota Statutes 2020, section 611.27, subdivision 13, is amended to read:
40.21 		Subd. 13.Correctional facility inmates. All billings for services rendered and ordered 
40.22 	under subdivision 7 shall require the approval of the chief district public defender before 
40.23 	being forwarded on a monthly basis to the state public defender. In cases where adequate 
40.24 	representation cannot be provided by the district public defender and where counsel has 
40.25 	been appointed under a court order approved by the state public defender, the state public 
40.26 	defender Board of Public Defense shall forward to the commissioner of management and 
40.27 	budget pay all billings for services rendered under the court order. The commissioner shall 
40.28 	pay for services from county program aid retained transferred by the commissioner of 
40.29 	revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a).
40.30 	The costs of appointed counsel and associated services in cases arising from new criminal 
40.31 	charges brought against indigent inmates who are incarcerated in a Minnesota state 
40.32 	correctional facility are the responsibility of the state Board of Public Defense. In such cases 
41.1 	the state public defender may follow the procedures outlined in this section for obtaining 
41.2 	court-ordered counsel.

41.3 	Sec. 12. Minnesota Statutes 2020, section 611.27, subdivision 15, is amended to read:
41.4 		Subd. 15.Costs of transcripts. In appeal cases and postconviction cases where the 
41.5 	appellate public defender's office does not have sufficient funds to pay for transcripts and 
41.6 	other necessary expenses because it has spent or committed all of the transcript funds in its 
41.7 	annual budget, the state public defender may forward to the commissioner of management 
41.8 	and budget all billings for transcripts and other necessary expenses. The commissioner shall
41.9 	Board of Public Defense may pay for these transcripts and other necessary expenses from 
41.10 	county program aid retained transferred by the commissioner of revenue for that purpose 
41.11 	under section 477A.03, subdivision 2b, paragraph (a).

41.12 	ARTICLE 5
41.13 	VICTIMS; CRIMINAL DEFENDANTS

41.14 	Section 1. Minnesota Statutes 2020, section 5B.02, is amended to read:
41.15 	5B.02 DEFINITIONS.
41.16 	(a) For purposes of this chapter and unless the context clearly requires otherwise, the 
41.17 	definitions in this section have the meanings given them.
41.18 	(b) "Address" means an individual's work address, school address, or residential street 
41.19 	address, as specified on the individual's application to be a program participant under this 
41.20 	chapter.
41.21 	(c) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible 
41.22 	minor, or a guardian acting on behalf of an incapacitated person, as defined in section 
41.23 	524.5-102.
41.24 	(d) "Domestic violence" means an act as defined in section 518B.01, subdivision 2, 
41.25 	paragraph (a), and includes a threat of such acts committed against an individual in a domestic 
41.26 	situation, regardless of whether these acts or threats have been reported to law enforcement 
41.27 	officers.
41.28 	(e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined in 
41.29 	section 524.5-102 for whom there is good reason to believe (1) that the eligible person is a 
41.30 	victim of domestic violence, sexual assault, or harassment or stalking, or (2) that the eligible 
41.31 	person fears for the person's safety, the safety of another person who resides in the same 
41.32 	household, or the safety of persons on whose behalf the application is made. An individual 
42.1 	must reside in Minnesota in order to be an eligible person. A person registered or required 
42.2 	to register as a predatory offender under section 243.166 or 243.167, or the law of another 
42.3 	jurisdiction, is not an eligible person.
42.4 	(f) "Mail" means first class letters and flats delivered via the United States Postal Service, 
42.5 	including priority, express, and certified mail, and excluding packages, parcels, (1)
42.6 	periodicals, and catalogues, and (2) packages and parcels unless they are clearly identifiable 
42.7 	as nonrefrigerated pharmaceuticals or clearly indicate that they are sent by the federal 
42.8 	government or a state or county government agency of the continental United States, Hawaii, 
42.9 	District of Columbia, or United States territories.
42.10 	(g) "Program participant" means an individual certified as a program participant under 
42.11 	section 5B.03.
42.12 	(h) "Harassment" or "stalking" means acts criminalized under section 609.749 and 
42.13 	includes a threat of such acts committed against an individual, regardless of whether these 
42.14 	acts or threats have been reported to law enforcement officers.

42.15 	Sec. 2. Minnesota Statutes 2020, section 5B.05, is amended to read:
42.16 	5B.05 USE OF DESIGNATED ADDRESS.
42.17 	(a) When a program participant presents the address designated by the secretary of state 
42.18 	to any person or entity, that address must be accepted as the address of the program 
42.19 	participant. The person may not require the program participant to submit any address that 
42.20 	could be used to physically locate the participant either as a substitute or in addition to the 
42.21 	designated address, or as a condition of receiving a service or benefit, unless the service or 
42.22 	benefit would be impossible to provide without knowledge of the program participant's 
42.23 	physical location. Notwithstanding a person's or entity's knowledge of a program participant's 
42.24 	physical location, the person or entity must use the program participant's designated address 
42.25 	for all mail correspondence with the program participant.
42.26 	(b) A program participant may use the address designated by the secretary of state as 
42.27 	the program participant's work address.
42.28 	(c) The Office of the Secretary of State shall forward all mail sent to the designated 
42.29 	address to the proper program participants.
42.30 	(d) If a program participant has notified a person in writing, on a form prescribed by the 
42.31 	program, that the individual is a program participant and of the requirements of this section, 
42.32 	the person must not knowingly disclose the program participant's name, home address, work 
42.33 	address, or school address, unless the person to whom the address is disclosed also lives, 
43.1 	works, or goes to school at the address disclosed, or the participant has provided written 
43.2 	consent to disclosure of the participant's name, home address, work address, or school 
43.3 	address for the purpose for which the disclosure will be made. This paragraph applies to 
43.4 	the actions and reports of guardians ad litem, except that guardians ad litem may disclose 
43.5 	the program participant's name. This paragraph does not apply to records of the judicial 
43.6 	branch governed by rules adopted by the supreme court or government entities governed 
43.7 	by section 13.045.

43.8 	Sec. 3. Minnesota Statutes 2020, section 5B.10, subdivision 1, is amended to read:
43.9 		Subdivision 1.Display by landlord. If a program participant has notified the program 
43.10 	participant's landlord in writing that the individual is a program participant and of the 
43.11 	requirements of this section, a local ordinance or the landlord must not require the display 
43.12 	of, and the landlord shall not display, the program participant's name at an address otherwise 
43.13 	protected under this chapter.

43.14 	Sec. 4. Minnesota Statutes 2020, section 169.99, subdivision 1c, is amended to read:
43.15 		Subd. 1c.Notice of surcharge. All parts of the uniform traffic ticket must giveprovide 
43.16 	conspicuous notice of the fact that, if convicted, the person to whom it was issued mustmay 
43.17 	be required to pay a state-imposed surcharge under section 357.021, subdivision 6, and the 
43.18 	current amount of the required surcharge.

43.19 	EFFECTIVE DATE. This section is effective August 1, 2022. The changes to the 
43.20 	uniform traffic ticket described in this section must be reflected on the ticket the next time 
43.21 	it is revised.

43.22 	Sec. 5. Minnesota Statutes 2020, section 169.99, is amended by adding a subdivision to 
43.23 	read:
43.24 		Subd. 1d.Financial hardship. The first paragraph on the reverse side of the summons 
43.25 	on the uniform traffic ticket must include the following, or substantially similar, language: 
43.26 	"All or part of the cost of this summons may be waived on a showing of indigency or undue 
43.27 	hardship on you or your family. You may schedule a court appearance to request a waiver 
43.28 	based on your ability to pay by calling the Minnesota Court Payment Center (CPC) [followed 
43.29 	by the Court Payment Center telephone number]. For more information, call the CPC or 
43.30 	visit www.mncourts.gov/fines."

44.1 	EFFECTIVE DATE. This section is effective August 1, 2022. The changes to the 
44.2 	uniform traffic ticket described in this section must be reflected on the ticket the next time 
44.3 	it is revised.

44.4 	Sec. 6. Minnesota Statutes 2020, section 357.021, subdivision 6, is amended to read:
44.5 		Subd. 6.Surcharges on criminal and traffic offenders. (a) Except as provided in this 
44.6 	paragraph subdivision, the court shall impose and the court administrator shall collect a $75 
44.7 	surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or 
44.8 	petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle 
44.9 	parking, for which there shall be a $12 surcharge. When a defendant is convicted of more 
44.10 	than one offense in a case, the surcharge shall be imposed only once in that case. In the 
44.11 	Second Judicial District, the court shall impose, and the court administrator shall collect, 
44.12 	an additional $1 surcharge on every person convicted of any felony, gross misdemeanor, 
44.13 	misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance 
44.14 	relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the 
44.15 	$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to 
44.16 	imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person 
44.17 	is convicted of a petty misdemeanor for which no fine is imposed.
44.18 	(b) If the court fails to impose a surcharge as required by this subdivision, the court 
44.19 	administrator shall show the imposition of the surcharge, collect the surcharge, and correct 
44.20 	the record.
44.21 	(c) (b) The court may notreduce the amount or waive payment of the surcharge required 
44.22 	under this subdivision. Uponon a showing of indigency or undue hardship upon the convicted 
44.23 	person or the convicted person's immediate family, the sentencing court may authorize 
44.24 	payment of the surcharge in installments. Additionally, the court may permit the defendant 
44.25 	to perform community work service in lieu of a surcharge.
44.26 	(d)(c) The court administrator or other entity collecting a surcharge shall forward it to 
44.27 	the commissioner of management and budget.
44.28 	(e)(d) If the convicted person is sentenced to imprisonment and has not paid the surcharge 
44.29 	before the term of imprisonment begins, the chief executive officer of the correctional 
44.30 	facility in which the convicted person is incarcerated shall collect the surcharge from any 
44.31 	earnings the inmate accrues from work performed in the facility or while on conditional 
44.32 	release. The chief executive officer shall forward the amount collected to the court 
44.33 	administrator or other entity collecting the surcharge imposed by the court.
45.1 	(f)(e) A person who enters a diversion program, continuance without prosecution, 
45.2 	continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay 
45.3 	the surcharge described in this subdivision. A surcharge imposed under this paragraph shall 
45.4 	be imposed only once per case.
45.5 	(g)(f) The surcharge does not apply to administrative citations issued pursuant to section 
45.6 	169.999.

45.7 	EFFECTIVE DATE. This section is effective July 1, 2022.

45.8 	Sec. 7. Minnesota Statutes 2020, section 609.101, subdivision 5, is amended to read:
45.9 		Subd. 5.Waiver prohibited; reduction and installment payments. (a) The court may 
45.10 	not waive payment of the minimum fine required by this section.
45.11 	(b) If the defendant qualifies for the services of a public defender or the court finds on 
45.12 	the record that the convicted person is indigent or that immediate payment of the fine would 
45.13 	create undue hardship for the convicted person or that person's immediate family, the court 
45.14 	may reduce the amount of the minimum fine to not less than $50. Additionally, the court 
45.15 	may permit the defendant to perform community work service in lieu of a fine.
45.16 	(c) The court also may authorize payment of the fine in installments.
45.17 	(d) Before sentencing a person convicted of a felony, gross misdemeanor, misdemeanor, 
45.18 	or petty misdemeanor to pay money for a fine, fee, or surcharge, the court shall make a 
45.19 	finding on the record as to indigency or the convicted person's ability to comply with an 
45.20 	order to pay without undue hardship for the convicted person or that person's immediate 
45.21 	family. In determining indigency or whether the defendant is able to comply with an order 
45.22 	to pay a fine, fee, or surcharge without undue hardship to the convicted person or that 
45.23 	person's immediate family, the court shall consider:
45.24 	(1) income;
45.25 	(2) dependents;
45.26 	(3) financial resources, including assets and liabilities;
45.27 	(4) basic living expenses;
45.28 	(5) receipt of means-tested public assistance program; and
45.29 	(6) any special circumstances that may bear on the person's ability to pay.
46.1 	(e) Paragraph (d) shall not apply when a conviction for a violation that is included on 
46.2 	the uniform fine schedule authorized under section 609.101, subdivision 4, is entered without 
46.3 	a hearing before the court.

46.4 	EFFECTIVE DATE. This section is effective July 1, 2022.

46.5 	Sec. 8. [611A.95] CERTIFICATIONS FOR VICTIMS OF CRIMES.
46.6 		Subdivision 1.Definitions. For purposes of this section, the following terms have the 
46.7 	meanings given:
46.8 	(1) "certifying entity" means a state or local law enforcement agency;
46.9 	(2) "criminal activity" means qualifying criminal activity pursuant to section 
46.10 	101(a)(15)(U)(iii) of the Immigration and Nationality Act, and includes the attempt, 
46.11 	conspiracy, or solicitation to commit such crimes; and
46.12 	(3) "certification" means any certification or statement required by federal immigration 
46.13 	law including, but not limited to, the information required by United States Code, title 8, 
46.14 	section 1184(p), and United States Code, title 8, section 1184(o), including current United 
46.15 	States Citizenship and Immigration Services Form I-918, Supplement B, and United States 
46.16 	Citizenship and Immigration Services Form I-914, Supplement B, and any successor forms.
46.17 		Subd. 2.Certification process. (a) A certifying entity shall process a certification 
46.18 	requested by a victim of criminal activity or a representative of the victim, including but 
46.19 	not limited to the victim's attorney, family member, or domestic violence or sexual assault 
46.20 	violence advocate, within the time period prescribed in paragraph (b).
46.21 	(b) A certifying entity shall process the certification within 90 days of request, unless 
46.22 	the victim is in removal proceedings, in which case the certification shall be processed 
46.23 	within 14 days of request. Requests for expedited certification must be affirmatively raised 
46.24 	at the time of the request.
46.25 	(c) An active investigation, the filing of charges, or a prosecution or conviction are not 
46.26 	required for the victim of criminal activity to request and obtain the certification.
46.27 		Subd. 3.Certifying entity; designate agent. (a) The head of a certifying entity shall 
46.28 	designate an agent to perform the following responsibilities:
46.29 	(1) timely process requests for certification;
46.30 	(2) provide outreach to victims of criminal activity to inform them of the entity's 
46.31 	certification process; and
47.1 	(3) keep a written or electronic record of all certification requests and responses.
47.2 	(b) All certifying entities shall implement a language access protocol for 
47.3 	non-English-speaking victims of criminal activity.
47.4 		Subd. 4.Disclosure prohibited; data classification. (a) A certifying entity is prohibited 
47.5 	from disclosing the immigration status of a victim of criminal activity or representative 
47.6 	requesting the certification, except to comply with federal law or legal process, or if 
47.7 	authorized by the victim of criminal activity or representative requesting the certification.
47.8 	(b) Data provided to a certifying entity under this section is classified as private data 
47.9 	pursuant to section 13.02, subdivision 12.

47.10 	EFFECTIVE DATE. Subdivisions 1, 2, and 4 are effective the day following final 
47.11 	enactment. Subdivision 3 is effective July 1, 2021.

47.12 	Sec. 9. [634.045] JAILHOUSE WITNESSES.
47.13 		Subdivision 1.Definitions. (a) As used in this section, the following terms have the 
47.14 	meanings given.
47.15 	(b) "Benefit" means any plea bargain, bail consideration, reduction or modification of 
47.16 	sentence, or any other leniency, immunity, financial payment, reward, or amelioration of 
47.17 	current or future conditions of incarceration offered or provided in connection with, or in 
47.18 	exchange for, testimony that is offered or provided by a jailhouse witness.
47.19 	(c) "Jailhouse witness" means a person who (1) while incarcerated, claims to have 
47.20 	obtained information from a defendant in a criminal case or a person suspected to be the 
47.21 	perpetrator of an offense, and (2) offers or provides testimony concerning statements made 
47.22 	by that defendant or person suspected to be the perpetrator of an offense. It does not mean 
47.23 	a codefendant or confidential informant who does not provide testimony against a suspect 
47.24 	or defendant.
47.25 		Subd. 2.Use of and benefits provided to jailhouse witnesses; data collection. (a) 
47.26 	Each county attorney shall report to the attorney general, in a form determined by the attorney 
47.27 	general:
47.28 	(1) the name of the jailhouse witness and the district court file number of the case in 
47.29 	which that witness testified or planned to testify;
47.30 	(2) the substance and use of any testimony of a jailhouse witness against the interest of 
47.31 	a suspect or defendant, regardless of whether such testimony is presented at trial; and
48.1 	(3) the jailhouse witness's agreement to cooperate with the prosecution and any benefit 
48.2 	that the prosecutor has offered or may offer in the future to the jailhouse witness in connection 
48.3 	with the testimony.
48.4 	(b) The attorney general shall maintain a statewide database containing the information 
48.5 	received pursuant to paragraph (a) for 20 years from the date that the jailhouse witness 
48.6 	information was entered into that statewide record.
48.7 	(c) Data collected and maintained pursuant to this subdivision are classified as confidential 
48.8 	data on individuals, as defined in section 13.02, subdivision 3. Only the attorney general 
48.9 	may access the statewide record but shall provide all information held on specific jailhouse 
48.10 	witnesses to a county attorney upon request.
48.11 		Subd. 3.Report on jailhouse witnesses. By September 15 of each year, beginning in 
48.12 	2022, the attorney general shall publish on its website an annual report of the statewide 
48.13 	record of jailhouse witnesses required under subdivision 2. Information in the report must 
48.14 	be limited to summary data, as defined in section 13.02, subdivision 19, and must include:
48.15 	(1) the total number of jailhouse witnesses tracked in the statewide record; and
48.16 	(2) for each county, the number of new reports added pursuant to subdivision 2, paragraph 
48.17 	(a), over the previous fiscal year.
48.18 		Subd. 4.Disclosure of information regarding jailhouse witness. (a) In addition to the 
48.19 	requirements for disclosures under rule 9 of the Rules of Criminal Procedure, and within 
48.20 	the timeframes established by that rule, a prosecutor must disclose the following information 
48.21 	to the defense about any jailhouse witness:
48.22 	(1) the complete criminal history of the jailhouse witness, including any charges that 
48.23 	are pending or were reduced or dismissed as part of a plea bargain;
48.24 	(2) any cooperation agreement with the jailhouse witness and any deal, promise, 
48.25 	inducement, or benefit that the state has made or intends to make in the future to the jailhouse 
48.26 	witness;
48.27 	(3) whether, at any time, the jailhouse witness recanted any testimony or statement 
48.28 	implicating the suspect or defendant in the charged crime and, if so, the time and place of 
48.29 	the recantation, the nature of the recantation, and the names of the persons who were present 
48.30 	at the recantation;
48.31 	(4) whether, at any time, the jailhouse witness made a statement implicating any other 
48.32 	person in the charged crime and, if so, the time and place of the statement, the nature of the 
48.33 	statement, and the names of the persons who were present at the statement; and
49.1 	(5) information concerning other criminal cases in which the jailhouse witness has 
49.2 	testified, or offered to testify, against a suspect or defendant with whom the jailhouse witness 
49.3 	was imprisoned or confined, including any cooperation agreement, deal, promise, inducement, 
49.4 	or benefit that the state has made or intends to make in the future to the jailhouse witness.
49.5 	(b) A prosecutor has a continuing duty of disclosure before and during trial. If, after the 
49.6 	omnibus hearing held pursuant to rule 11 of the Rules of Criminal Procedure, a prosecutor 
49.7 	discovers additional material, information, or witnesses subject to disclosure under this 
49.8 	subdivision, the prosecutor must promptly notify the court and defense counsel, or, if the 
49.9 	defendant is not represented, the defendant, of what was discovered. If the court finds that 
49.10 	the jailhouse witness was not known or that materials in paragraph (a) could not be discovered 
49.11 	or obtained by the state within that period with the exercise of due diligence, the court may 
49.12 	order that disclosure take place within a reasonable period. Upon good cause shown, the 
49.13 	court may continue the proceedings.
49.14 	(c) If the prosecutor files a written certificate with the trial court that disclosing the 
49.15 	information described in paragraph (a) would subject the jailhouse witness or other persons 
49.16 	to physical harm or coercion, the court may order that the information must be disclosed to 
49.17 	the defendant's counsel but may limit disclosure to the defendant in a way that does not 
49.18 	unduly interfere with the defendant's right to prepare and present a defense, including limiting 
49.19 	disclosure to nonidentifying information.
49.20 		Subd. 5.Victim notification. (a) A prosecutor shall make every reasonable effort to 
49.21 	notify a victim if the prosecutor has decided to offer or provide any of the following to a 
49.22 	jailhouse witness in exchange for, or as the result of, a jailhouse witness offering or providing 
49.23 	testimony against a suspect or defendant:
49.24 	(1) reduction or dismissal of charges;
49.25 	(2) a plea bargain;
49.26 	(3) support for a modification of the amount or conditions of bail; or
49.27 	(4) support for a motion to reduce or modify a sentence.
49.28 	(b) Efforts to notify the victim should include, in order of priority: (1) contacting the 
49.29 	victim or a person designated by the victim by telephone; and (2) contacting the victim by 
49.30 	mail. If a jailhouse witness is still in custody, the notification attempt shall be made before 
49.31 	the jailhouse witness is released from custody.
49.32 	(c) Whenever a prosecutor notifies a victim of domestic assault, criminal sexual conduct, 
49.33 	or harassment or stalking under this section, the prosecutor shall also inform the victim of 
50.1 	the method and benefits of seeking an order for protection under section 518B.01 or a 
50.2 	restraining order under section 609.748 and that the victim may seek an order without paying 
50.3 	a fee.
50.4 	(d) The notification required under this subdivision is in addition to the notification 
50.5 	requirements and rights described in sections 611A.03, 611A.0315, 611A.039, and 611A.06.

50.6 	EFFECTIVE DATE. This section is effective August 1, 2021.

50.7 	ARTICLE 6
50.8 	HUMAN RIGHTS LAW

50.9 	Section 1. Minnesota Statutes 2020, section 13.552, is amended by adding a subdivision 
50.10 	to read:
50.11 		Subd. 8.Certificate of compliance for public contracts. Access to data relating to 
50.12 	certificates of compliance for public contracts is governed by section 363A.36.

50.13 	Sec. 2. [62A.082] NONDISCRIMINATION IN ACCESS TO TRANSPLANTS.
50.14 		Subdivision 1.Definitions. (a) For the purposes of this section, the following terms have 
50.15 	the meanings given unless the context clearly requires otherwise.
50.16 	(b) "Disability" has the meaning given in section 363A.03, subdivision 12.
50.17 	(c) "Enrollee" means a natural person covered by a health plan or group health plan and 
50.18 	includes an insured, policy holder, subscriber, covered person, member, contract holder, or 
50.19 	certificate holder.
50.20 	(d) "Organ transplant" means the transplantation or transfusion of a part of a human 
50.21 	body into the body of another for the purpose of treating or curing a medical condition.
50.22 		Subd. 2.Transplant discrimination prohibited. A health plan or group health plan 
50.23 	that provides coverage for anatomical gifts, organ transplants, or related treatment and 
50.24 	services shall not:
50.25 	(1) deny coverage to an enrollee based on the enrollee's disability;
50.26 	(2) deny eligibility, or continued eligibility, to enroll or to renew coverage under the 
50.27 	terms of the health plan or group health plan solely for the purpose of avoiding the 
50.28 	requirements of this section;
51.1 	(3) penalize or otherwise reduce or limit the reimbursement of a health care provider, 
51.2 	or provide monetary or nonmonetary incentives to a health care provider, to induce the 
51.3 	provider to provide care to a patient in a manner inconsistent with this section; or
51.4 	(4) reduce or limit an enrollee's coverage benefits because of the enrollee's disability for 
51.5 	medical services and other services related to organ transplantation performed pursuant to 
51.6 	this section as determined in consultation with the enrollee's treating health care provider 
51.7 	and the enrollee.
51.8 		Subd. 3.Collective bargaining. In the case of a group health plan maintained pursuant 
51.9 	to one or more collective bargaining agreements between employee representatives and one 
51.10 	or more employers, any plan amendment made pursuant to a collective bargaining agreement 
51.11 	relating to the plan which amends the plan solely to conform to any requirement imposed 
51.12 	pursuant to this section shall not be treated as a termination of the collective bargaining 
51.13 	agreement.
51.14 		Subd. 4.Coverage limitation. Nothing in this section shall be deemed to require a health 
51.15 	plan or group health plan to provide coverage for a medically inappropriate organ transplant.

51.16 	Sec. 3. Minnesota Statutes 2020, section 363A.02, subdivision 1, is amended to read:
51.17 		Subdivision 1.Freedom from discrimination. (a) It is the public policy of this state to 
51.18 	secure for persons in this state, freedom from discrimination:
51.19 	(1) in employment because of race, color, creed, religion, national origin, sex, marital 
51.20 	status, disability, status with regard to public assistance, sexual orientation, familial status,
51.21 	and age;
51.22 	(2) in housing and real property because of race, color, creed, religion, national origin, 
51.23 	sex, marital status, disability, status with regard to public assistance, sexual orientation, and 
51.24 	familial status;
51.25 	(3) in public accommodations because of race, color, creed, religion, national origin, 
51.26 	sex, sexual orientation, and disability;
51.27 	(4) in public services because of race, color, creed, religion, national origin, sex, marital 
51.28 	status, disability, sexual orientation, and status with regard to public assistance; and
51.29 	(5) in education because of race, color, creed, religion, national origin, sex, marital status, 
51.30 	disability, status with regard to public assistance, sexual orientation, and age.
51.31 	(b) Such discrimination threatens the rights and privileges of the inhabitants of this state 
51.32 	and menaces the institutions and foundations of democracy. It is also the public policy of 
52.1 	this state to protect all persons from wholly unfounded charges of discrimination. Nothing 
52.2 	in this chapter shall be interpreted as restricting the implementation of positive action 
52.3 	programs to combat discrimination.

52.4 	Sec. 4. Minnesota Statutes 2020, section 363A.06, subdivision 1, is amended to read:
52.5 		Subdivision 1.Formulation of policies. (a) The commissioner shall formulate policies 
52.6 	to effectuate the purposes of this chapter and shall do the following:
52.7 	(1) exercise leadership under the direction of the governor in the development of human 
52.8 	rights policies and programs, and make recommendations to the governor and the legislature 
52.9 	for their consideration and implementation;
52.10 	(2) establish and maintain a principal office in St. Paul, and any other necessary branch 
52.11 	offices at any location within the state;
52.12 	(3) meet and function at any place within the state;
52.13 	(4) employ attorneys, clerks, and other employees and agents as the commissioner may 
52.14 	deem necessary and prescribe their duties;
52.15 	(5) to the extent permitted by federal law and regulation, utilize the records of the 
52.16 	Department of Employment and Economic Development of the state when necessary to 
52.17 	effectuate the purposes of this chapter;
52.18 	(6) obtain upon request and utilize the services of all state governmental departments 
52.19 	and agencies;
52.20 	(7) adopt suitable rules for effectuating the purposes of this chapter;
52.21 	(8) issue complaints, receive and investigate charges alleging unfair discriminatory 
52.22 	practices, and determine whether or not probable cause exists for hearing;
52.23 	(9) subpoena witnesses, administer oaths, take testimony, and require the production for 
52.24 	examination of any books or papers relative to any matter under investigation or in question 
52.25 	as the commissioner deems appropriate to carry out the purposes of this chapter;
52.26 	(10) attempt, by means of education, conference, conciliation, and persuasion to eliminate 
52.27 	unfair discriminatory practices as being contrary to the public policy of the state;
52.28 	(11) develop and conduct programs of formal and informal education designed to 
52.29 	eliminate discrimination and intergroup conflict by use of educational techniques and 
52.30 	programs the commissioner deems necessary;
53.1 	(12) make a written report of the activities of the commissioner to the governor each 
53.2 	year;
53.3 	(13) accept gifts, bequests, grants, or other payments public and private to help finance 
53.4 	the activities of the department;
53.5 	(14) create such local and statewide advisory committees as will in the commissioner's 
53.6 	judgment aid in effectuating the purposes of the Department of Human Rights;
53.7 	(15) develop such programs as will aid in determining the compliance throughout the 
53.8 	state with the provisions of this chapter, and in the furtherance of such duties, conduct 
53.9 	research and study discriminatory practices based upon race, color, creed, religion, national 
53.10 	origin, sex, age, disability, marital status, status with regard to public assistance, familial 
53.11 	status, sexual orientation, or other factors and develop accurate data on the nature and extent 
53.12 	of discrimination and other matters as they may affect housing, employment, public 
53.13 	accommodations, schools, and other areas of public life;
53.14 	(16) develop and disseminate technical assistance to persons subject to the provisions 
53.15 	of this chapter, and to agencies and officers of governmental and private agencies;
53.16 	(17) provide staff services to such advisory committees as may be created in aid of the 
53.17 	functions of the Department of Human Rights;
53.18 	(18) make grants in aid to the extent that appropriations are made available for that 
53.19 	purpose in aid of carrying out duties and responsibilities; and
53.20 	(19) cooperate and consult with the commissioner of labor and industry regarding the 
53.21 	investigation of violations of, and resolution of complaints regarding section 363A.08, 
53.22 	subdivision 7.;
53.23 	(20) collaborate and consult with the Board of Peace Officer Standards and Training 
53.24 	regarding the training of peace officers in identifying, responding to, and reporting crimes 
53.25 	motivated by bias pursuant to sections 626.8451, subdivision 1, and 626.8469, including 
53.26 	but not limited to the duty of peace officers to report crimes motivated by bias under section 
53.27 	626.5531; and
53.28 	(21) solicit, receive, and compile reports from community organizations, school districts 
53.29 	and charter schools, and individuals regarding crimes a community member or community 
53.30 	organization believes are motivated by the victim's or another's actual or perceived race, 
53.31 	color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, 
53.32 	age, national origin, marital status, status with regard to public assistance, familial status, 
53.33 	or disability as defined in section 363A.03, or because of the victim's actual or perceived 
54.1 	association with another person or group of a certain actual or perceived race, color, ethnicity, 
54.2 	religion, sex, gender, sexual orientation, gender identity, gender expression, age, national 
54.3 	origin, or disability as defined in section 363A.03, and develop data on the nature and extent 
54.4 	of crimes motivated by bias and include this information in the report required under clause 
54.5 	(12). The commissioner shall provide information on the department's website about when 
54.6 	and how a victim reports criminal conduct to a law enforcement agency.
54.7 	In performing these duties, the commissioner shall give priority to those duties in clauses 
54.8 	(8), (9), and (10) and to the duties in section 363A.36.
54.9 	(b) All gifts, bequests, grants, or other payments, public and private, accepted under 
54.10 	paragraph (a), clause (13), must be deposited in the state treasury and credited to a special 
54.11 	account. Money in the account is appropriated to the commissioner of human rights to help 
54.12 	finance activities of the department.

54.13 	Sec. 5. Minnesota Statutes 2020, section 363A.08, subdivision 6, is amended to read:
54.14 		Subd. 6.Reasonable accommodation. (a) Except when based on a bona fide occupational 
54.15 	qualification, it is an unfair employment practice for an employer with a number of part-time 
54.16 	or full-time employees for each working day in each of 20 or more calendar weeks in the 
54.17 	current or preceding calendar year equal to or greater than 25 effective July 1, 1992, and 
54.18 	equal to or greater than 15 effective July 1, 1994, an employment agency, or a labor 
54.19 	organization, not to make provide a reasonable accommodation to the known disability of 
54.20 	a qualified disabled person or job applicant for a job applicant or qualified employee with 
54.21 	a disability unless the employer, agency, or organization can demonstrate that the 
54.22 	accommodation would impose an undue hardship on the business, agency, or organization. 
54.23 	"Reasonable accommodation" means steps which must be taken to accommodate the known 
54.24 	physical or mental limitations of a qualified disabled person individual with a disability. 
54.25 	To determine the appropriate reasonable accommodation the employer, agency, or 
54.26 	organization shall initiate an informal, interactive process with the individual with a disability 
54.27 	in need of the accommodation. This process should identify the limitations resulting from 
54.28 	the disability and any potential reasonable accommodations that could overcome those 
54.29 	limitations. "Reasonable accommodation" may include but is not limited to, nor does it 
54.30 	necessarily require: (1) making facilities readily accessible to and usable by disabled persons
54.31 	individuals with disabilities; and (2) job restructuring, modified work schedules, reassignment 
54.32 	to a vacant position, acquisition or modification of equipment or devices, and the provision 
54.33 	of aides on a temporary or periodic basis.
55.1 	(b) In determining whether an accommodation would impose an undue hardship on the 
55.2 	operation of a business or organization, factors to be considered include:
55.3 	(1) the overall size of the business or organization with respect to number of employees 
55.4 	or members and the number and type of facilities;
55.5 	(2) the type of the operation, including the composition and structure of the work force, 
55.6 	and the number of employees at the location where the employment would occur;
55.7 	(3) the nature and cost of the needed accommodation;
55.8 	(4) the reasonable ability to finance the accommodation at each site of business; and
55.9 	(5) documented good faith efforts to explore less restrictive or less expensive alternatives, 
55.10 	including consultation with the disabled person or with knowledgeable disabled persons or 
55.11 	organizations.
55.12 	A prospective employer need not pay for an accommodation for a job applicant if it is 
55.13 	available from an alternative source without cost to the employer or applicant.

55.14 	Sec. 6. Minnesota Statutes 2020, section 363A.08, is amended by adding a subdivision to 
55.15 	read:
55.16 		Subd. 8.Inquiries into pay history prohibited. (a) "Pay history" as used in this 
55.17 	subdivision means any prior or current wage, salary, earnings, benefits, or any other 
55.18 	compensation about an applicant for employment.
55.19 	(b) An employer, employment agency, or labor organization shall not inquire into, 
55.20 	consider, or require disclosure from any source the pay history of an applicant for 
55.21 	employment for the purpose of determining wages, salary, earnings, benefits, or other 
55.22 	compensation for that applicant. There is a rebuttable presumption that use of pay history 
55.23 	received on an applicant for employment to determine the future wages, salary, earnings, 
55.24 	benefits, or other compensation for that applicant is an unfair discriminatory employment 
55.25 	practice under subdivisions 1 to 3. The general prohibition against inquiring into the pay 
55.26 	history of an applicant does not apply if the job applicant's pay history is a matter of public 
55.27 	record under federal or state law, unless the employer, employment agency, or labor 
55.28 	organization sought access to those public records with the intent of obtaining pay history 
55.29 	of the applicant for the purpose of determining wages, salary, earnings, benefits, or other 
55.30 	compensation for that applicant.
55.31 	(c) Nothing in this subdivision shall prevent an applicant for employment from voluntarily 
55.32 	and without prompting disclosing pay history for the purposes of negotiating wages, salary, 
56.1 	benefits, or other compensation. If an applicant for employment voluntarily and without 
56.2 	prompting discloses pay history to a prospective employer, employment agency, or labor 
56.3 	organization, nothing in this subdivision shall prohibit that employer, employment agency, 
56.4 	or labor organization from considering or acting on that voluntarily disclosed salary history 
56.5 	information to support a wage or salary higher than initially offered by the employer, 
56.6 	employment agency, or labor organization.
56.7 	(d) Nothing in this subdivision limits, prohibits, or prevents a person from bringing a 
56.8 	charge, grievance, or any other cause of action alleging wage discrimination because of 
56.9 	race, color, creed, religion, national origin, sex, gender identity, marital status, status with 
56.10 	regard to public assistance, familial status, membership or activity in a local commission, 
56.11 	disability, sexual orientation, or age, as otherwise provided in this chapter.
56.12 	(e) Nothing in this subdivision shall be construed to prevent an employer from:
56.13 	(1) providing information about the wages, benefits, compensation, or salary offered in 
56.14 	relation to a position; or
56.15 	(2) inquiring about or otherwise engaging in discussions with an applicant about the 
56.16 	applicant's expectations or requests with respect to wages, salary, benefits, or other 
56.17 	compensation.

56.18 	EFFECTIVE DATE. This section is effective January 1, 2022. For employment covered 
56.19 	by collective bargaining agreements, this section is not effective until the date of 
56.20 	implementation of the applicable collective bargaining agreement that is after January 1, 
56.21 	2022.

56.22 	Sec. 7. Minnesota Statutes 2020, section 363A.09, subdivision 1, is amended to read:
56.23 		Subdivision 1.Real property interest; action by owner, lessee, and others. It is an 
56.24 	unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent 
56.25 	of, or other person having the right to sell, rent or lease any real property, or any agent of 
56.26 	any of these:
56.27 	(1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or 
56.28 	group of persons any real property because of race, color, creed, religion, national origin, 
56.29 	sex, marital status, status with regard to public assistance, participation in or requirements 
56.30 	of a public assistance program, disability, sexual orientation, or familial status; or
56.31 	(2) to discriminate against any person or group of persons because of race, color, creed, 
56.32 	religion, national origin, sex, marital status, status with regard to public assistance,
56.33 	participation in or requirements of a public assistance program, disability, sexual orientation, 
57.1 	or familial status in the terms, conditions or privileges of the sale, rental or lease of any real 
57.2 	property or in the furnishing of facilities or services in connection therewith, except that 
57.3 	nothing in this clause shall be construed to prohibit the adoption of reasonable rules intended 
57.4 	to protect the safety of minors in their use of the real property or any facilities or services 
57.5 	furnished in connection therewith; or
57.6 	(3) in any transaction involving real property, to print, circulate or post or cause to be 
57.7 	printed, circulated, or posted any advertisement or sign, or use any form of application for 
57.8 	the purchase, rental or lease of real property, or make any record or inquiry in connection 
57.9 	with the prospective purchase, rental, or lease of real property which expresses, directly or 
57.10 	indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, 
57.11 	national origin, sex, marital status, status with regard to public assistance, participation in 
57.12 	or requirements of a public assistance program, disability, sexual orientation, or familial 
57.13 	status, or any intent to make any such limitation, specification, or discrimination except that 
57.14 	nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as 
57.15 	available to adults-only if the person placing the advertisement reasonably believes that the 
57.16 	provisions of this section prohibiting discrimination because of familial status do not apply 
57.17 	to the dwelling unit.

57.18 	Sec. 8. Minnesota Statutes 2020, section 363A.09, subdivision 2, is amended to read:
57.19 		Subd. 2.Real property interest; action by brokers, agents, and others. (a) It is an 
57.20 	unfair discriminatory practice for a real estate broker, real estate salesperson, or employee, 
57.21 	or agent thereof:
57.22 	(1) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property 
57.23 	to any person or group of persons or to negotiate for the sale, rental, or lease of any real 
57.24 	property to any person or group of persons because of race, color, creed, religion, national 
57.25 	origin, sex, marital status, status with regard to public assistance, participation in or 
57.26 	requirements of a public assistance program, disability, sexual orientation, or familial status 
57.27 	or represent that real property is not available for inspection, sale, rental, or lease when in 
57.28 	fact it is so available, or otherwise deny or withhold any real property or any facilities of 
57.29 	real property to or from any person or group of persons because of race, color, creed, religion, 
57.30 	national origin, sex, marital status, status with regard to public assistance, participation in 
57.31 	or requirements of a public assistance program, disability, sexual orientation, or familial 
57.32 	status; or
57.33 	(2) to discriminate against any person because of race, color, creed, religion, national 
57.34 	origin, sex, marital status, status with regard to public assistance, participation in or 
58.1 	requirements of a public assistance program, disability, sexual orientation, or familial status 
58.2 	in the terms, conditions or privileges of the sale, rental or lease of real property or in the 
58.3 	furnishing of facilities or services in connection therewith; or
58.4 	(3) to print, circulate, or post or cause to be printed, circulated, or posted any 
58.5 	advertisement or sign, or use any form of application for the purchase, rental, or lease of 
58.6 	any real property or make any record or inquiry in connection with the prospective purchase, 
58.7 	rental or lease of any real property, which expresses directly or indirectly, any limitation, 
58.8 	specification or discrimination as to race, color, creed, religion, national origin, sex, marital 
58.9 	status, status with regard to public assistance, participation in or requirements of a public 
58.10 	assistance program, disability, sexual orientation, or familial status or any intent to make 
58.11 	any such limitation, specification, or discrimination except that nothing in this clause shall 
58.12 	be construed to prohibit the advertisement of a dwelling unit as available to adults-only if 
58.13 	the person placing the advertisement reasonably believes that the provisions of this section 
58.14 	prohibiting discrimination because of familial status do not apply to the dwelling unit.
58.15 	(b) It is an unfair discriminatory practice for a landlord to furnish credit, services, or 
58.16 	rental accommodations that discriminate against any individual who is a recipient of federal, 
58.17 	state, or local public assistance, including medical assistance, or who is a tenant receiving 
58.18 	federal, state, or local housing subsidies, including rental assistance or rental supplements, 
58.19 	because the individual is such a recipient, or because of any requirement of such public 
58.20 	assistance, rental assistance, or housing subsidy program.

58.21 	Sec. 9. Minnesota Statutes 2020, section 363A.09, is amended by adding a subdivision to 
58.22 	read:
58.23 		Subd. 2a.Definition; public assistance program. For the purposes of this section, 
58.24 	"public assistance program" means federal, state, or local assistance, including but not 
58.25 	limited to rental assistance, rent supplements, and housing choice vouchers.

58.26 	Sec. 10. Minnesota Statutes 2020, section 363A.28, subdivision 1, is amended to read:
58.27 		Subdivision 1.Actions. Any person aggrieved by a violation of this chapter may bring 
58.28 	a civil action as provided in section 363A.33, subdivision 1, or may file a verified charge 
58.29 	with the commissioner or the commissioner's designated agent. A charge filed with the 
58.30 	commissioner must be in writing by hand, or electronically with an unsworn declaration 
58.31 	under penalty of perjury, on a form provided by the commissioner and signed by the charging 
58.32 	party. The charge must state the name of the person alleged to have committed an unfair 
58.33 	discriminatory practice and set out a summary of the details of the practice complained of. 
59.1 	The commissioner may require a charging party to provide the address of the person alleged 
59.2 	to have committed the unfair discriminatory practice, names of witnesses, documents, and 
59.3 	any other information necessary to process the charge. The commissioner may dismiss a 
59.4 	charge when the charging party fails to provide required information. The commissioner 
59.5 	within ten days of the filing shall serve a copy of the charge and a form for use in responding 
59.6 	to the charge upon the respondent personally, electronically with the receiving party's 
59.7 	consent, or by mail. The respondent shall file with the department a written response setting 
59.8 	out a summary of the details of the respondent's position relative to the charge within 20
59.9 	30 days of receipt of the charge. If the respondent fails to respond with a written summary 
59.10 	of the details of the respondent's position within 30 days after service of the charge, and 
59.11 	service was consistent with rule 4 of the Rules of Civil Procedure, the commissioner, on 
59.12 	behalf of the complaining party, may bring an action for default in district court pursuant 
59.13 	to rule 55.01 of the Rules of Civil Procedure.

59.14 	Sec. 11. Minnesota Statutes 2020, section 363A.28, subdivision 6, is amended to read:
59.15 		Subd. 6.Charge processing. (a) Consistent with paragraph (h), the commissioner shall 
59.16 	promptly inquire into the truth of the allegations of the charge. The commissioner shall 
59.17 	make an immediate inquiry when a charge alleges actual or threatened physical violence. 
59.18 	The commissioner shall also make an immediate inquiry when it appears that a charge is 
59.19 	frivolous or without merit and shall dismiss those charges.
59.20 	(b) The commissioner shall give priority to investigating and processing those charges, 
59.21 	in the order below, which the commissioner determines have the following characteristics:
59.22 	(1) there is evidence of irreparable harm if immediate action is not taken;
59.23 	(2) there is evidence that the respondent has intentionally engaged in a reprisal;
59.24 	(3) a significant number of recent charges have been filed against the respondent;
59.25 	(4) the respondent is a government entity;
59.26 	(5) there is potential for broadly promoting the policies of this chapter; or
59.27 	(6) the charge is supported by substantial and credible documentation, witnesses, or 
59.28 	other evidence.
59.29 	The commissioner shall inform charging parties of these priorities and shall tell each 
59.30 	party if their charge is a priority case or not.
60.1 	On other charges the commissioner shall make a determination within 12 months after 
60.2 	the charge was filed as to whether or not there is probable cause to credit the allegation of 
60.3 	unfair discriminatory practices.
60.4 	(c) If the commissioner determines after investigation that no probable cause exists to 
60.5 	credit the allegations of the unfair discriminatory practice, the commissioner shall, within 
60.6 	ten days of the determination, serve upon the charging party and respondent written notice 
60.7 	of the determination. Within ten 30 days after receipt of notice, the charging party may 
60.8 	request in writing, on forms prepared by the department, that the commissioner reconsider 
60.9 	the determination. The request shall contain a brief statement of the reasons for and new 
60.10 	evidence in support of the request for reconsideration. At the time of submission of the 
60.11 	request to the commissioner, the charging party shall deliver or mail to the respondent a 
60.12 	copy of the request for reconsideration. The commissioner shall reaffirm, reverse, or vacate 
60.13 	and remand for further consideration the determination of no probable cause within 20 days 
60.14 	after receipt of the request for reconsideration, and shall within ten days notify in writing 
60.15 	the charging party and respondent of the decision to reaffirm, reverse, or vacate and remand 
60.16 	for further consideration.
60.17 	A decision by the commissioner that no probable cause exists to credit the allegations 
60.18 	of an unfair discriminatory practice shall not be appealed to the court of appeals pursuant 
60.19 	to section 363A.36 363A.34 or sections 14.63 to 14.68.
60.20 	(d) If the commissioner determines after investigation that probable cause exists to credit 
60.21 	the allegations of unfair discriminatory practices, the commissioner shall serve on the 
60.22 	respondent and the respondent's attorney if the respondent is represented by counsel, by 
60.23 	first class mail, or electronically with the receiving party's consent, a notice setting forth a 
60.24 	short plain written statement of the alleged facts which support the finding of probable cause 
60.25 	and an enumeration of the provisions of law allegedly violated. Within 30 days after receipt 
60.26 	of notice, the respondent may request in writing, on forms prepared by the department, that 
60.27 	the commissioner reconsider the determination. If the commissioner determines that attempts 
60.28 	to eliminate the alleged unfair practices through conciliation pursuant to subdivision 8 have 
60.29 	been or would be unsuccessful or unproductive, the commissioner shall may issue a complaint 
60.30 	and serve on the respondent, by registered or certified mail, or electronically with the 
60.31 	receiving party's consent, a written notice of hearing together with a copy of the complaint, 
60.32 	requiring the respondent to answer the allegations of the complaint at a hearing before an 
60.33 	administrative law judge at a time and place specified in the notice, not less than ten days 
60.34 	after service of said complaint. A copy of the notice shall be furnished to the charging party 
60.35 	and the attorney general.
61.1 	(e) If, at any time after the filing of a charge, the commissioner has reason to believe 
61.2 	that a respondent has engaged in any unfair discriminatory practice, the commissioner may 
61.3 	file a petition in the district court in a county in which the subject of the complaint occurs, 
61.4 	or in a county in which a respondent resides or transacts business, seeking appropriate 
61.5 	temporary relief against the respondent, pending final determination of proceedings under 
61.6 	this chapter, including an order or decree restraining the respondent from doing or procuring 
61.7 	an act tending to render ineffectual an order the commissioner may enter with respect to 
61.8 	the complaint. The court shall have power to grant temporary relief or a restraining order 
61.9 	as it deems just and proper, but no relief or order extending beyond ten days shall be granted 
61.10 	except by consent of the respondent or after hearing upon notice to the respondent and a 
61.11 	finding by the court that there is reasonable cause to believe that the respondent has engaged 
61.12 	in a discriminatory practice. Except as modified by subdivisions 1 to 9 and section 363A.06, 
61.13 	subdivision 4, the Minnesota Rules of Civil Procedure shall apply to an application, and 
61.14 	the district court shall have authority to grant or deny the relief sought on conditions as it 
61.15 	deems just and equitable. All hearings under subdivisions 1 to 9 and section 363A.06, 
61.16 	subdivision 4, shall be given precedence as nearly as practicable over all other pending civil 
61.17 	actions.
61.18 	(f) If a lessor, after engaging in a discriminatory practice defined in section 363A.09, 
61.19 	subdivision 1, clause (1), leases or rents a dwelling unit to a person who has no knowledge 
61.20 	of the practice or of the existence of a charge with respect to the practice, the lessor shall 
61.21 	be liable for actual damages sustained by a person by reason of a final order as provided in 
61.22 	subdivisions 1 to 9 and section 363A.06, subdivision 4, requiring the person to be evicted 
61.23 	from the dwelling unit.
61.24 	(g) In any complaint issued under subdivisions 1 to 9 and section 363A.06, subdivision 
61.25 	4, the commissioner may seek relief for a class of individuals affected by an unfair 
61.26 	discriminatory practice occurring on or after a date one year prior to the filing of the charge 
61.27 	from which the complaint originates.
61.28 	(h) The commissioner may adopt policies to determine which charges are processed and 
61.29 	the order in which charges are processed based on their particular social or legal significance, 
61.30 	administrative convenience, difficulty of resolution, or other standard consistent with the 
61.31 	provisions of this chapter.
61.32 	(i) The chief administrative law judge shall adopt policies to provide sanctions for 
61.33 	intentional and frivolous delay caused by any charging party or respondent in an investigation, 
61.34 	hearing, or any other aspect of proceedings before the department under this chapter.

62.1 	Sec. 12. Minnesota Statutes 2020, section 363A.31, subdivision 2, is amended to read:
62.2 		Subd. 2.Rescission of waiver. A waiver or release of rights or remedies secured by this 
62.3 	chapter which purports to apply to claims arising out of acts or practices prior to, or 
62.4 	concurrent with, the execution of the waiver or release may be rescinded within 15 calendar 
62.5 	days of its execution, except that a waiver or release given in settlement of a claim filed 
62.6 	with the department or with another administrative agency or judicial body is valid and final 
62.7 	upon execution. A waiving or releasing party shall be informed in writing of the right to 
62.8 	rescind the waiver or release. To be effective, the rescission must be in writing and delivered 
62.9 	to the waived or released party either by hand, electronically with the receiving party's 
62.10 	consent, or by mail within the 15-day period. If delivered by mail, the rescission must be:
62.11 	(1) postmarked within the 15-day period;
62.12 	(2) properly addressed to the waived or released party; and
62.13 	(3) sent by certified mail return receipt requested.

62.14 	Sec. 13. Minnesota Statutes 2020, section 363A.33, subdivision 3, is amended to read:
62.15 		Subd. 3.Summons and complaints in a civil action. A charging party bringing a civil 
62.16 	action shall mail by registered or certified mail, or electronically with the receiving party's 
62.17 	consent, a copy of the summons and complaint to the commissioner, and upon their receipt 
62.18 	the commissioner shall terminate all proceedings in the department relating to the charge. 
62.19 	No charge shall be filed or reinstituted with the commissioner after a civil action relating 
62.20 	to the same unfair discriminatory practice has been brought unless the civil action has been 
62.21 	dismissed without prejudice.

62.22 	Sec. 14. Minnesota Statutes 2020, section 363A.36, subdivision 1, is amended to read:
62.23 		Subdivision 1.Scope of application. (a) For all contracts for goods and services in 
62.24 	excess of $100,000, no department or agency of the state shall accept any bid or proposal 
62.25 	for a contract or agreement from any business having more than 40 full-time employees 
62.26 	within this state on a single working day during the previous 12 months, unless the 
62.27 	commissioner is in receipt of the business' affirmative action plan for the employment of 
62.28 	minority persons, women, and qualified disabled individuals. No department or agency of 
62.29 	the state shall execute any such contract or agreement until the affirmative action plan has 
62.30 	been approved by the commissioner. Receipt of a certificate of compliance issued by the 
62.31 	commissioner shall signify that a firm or business has an affirmative action plan that has 
62.32 	been approved by the commissioner. A certificate shall be valid for a period of four years.
63.1 	No department, agency of the state, the Metropolitan Council, or agency subject to section 
63.2 	473.143, subdivision 1, shall execute a contract for goods or services in excess of $100,000 
63.3 	with a business that has 40 or more full-time employees in this state or a state where the 
63.4 	business has its primary place of business on a single day during the prior 12 months, unless 
63.5 	the business has a workforce certificate from the commissioner of human rights or has 
63.6 	certified in writing that it is exempt. Determinations of exempt status shall be made by the 
63.7 	commissioner of human rights. A certificate is valid for four years. A municipality as defined 
63.8 	in section 466.01, subdivision 1, that receives state money for any reason is encouraged to 
63.9 	prepare and implement an affirmative action plan for the employment of minority persons,
63.10 	people with disabilities, people of color, and women, and the qualified disabled and to
63.11 	submit the plan to the commissioner.
63.12 	(b) This paragraph applies to a contract for goods or services in excess of $100,000 to 
63.13 	be entered into between a department or agency of the state and a business that is not subject 
63.14 	to paragraph (a), but that has more than 40 full-time employees on a single working day 
63.15 	during the previous 12 months in the state where the business has its primary place of 
63.16 	business. A department or agency of the state may not execute a contract or agreement with 
63.17 	a business covered by this paragraph unless the business has a certificate of compliance 
63.18 	issued by the commissioner under paragraph (a) or the business certifies that it is in 
63.19 	compliance with federal affirmative action requirements.
63.20 	(c) (b) This section does not apply to contracts entered into by the State Board of 
63.21 	Investment for investment options under section 356.645.
63.22 	(d) (c) The commissioner shall issue a certificate of compliance or notice of denial within 
63.23 	15 days of the application submitted by the business or firm.

63.24 	EFFECTIVE DATE. This section is effective June 1, 2021, and applies to contracts 
63.25 	entered into on or after that date.

63.26 	Sec. 15. Minnesota Statutes 2020, section 363A.36, subdivision 2, is amended to read:
63.27 		Subd. 2.Filing fee; account; appropriation. The commissioner shall collect a $150
63.28 	$250 fee for each certificate of compliance issued by the commissioner or the commissioner's 
63.29 	designated agent. The proceeds of the fee must be deposited in a human rights fee special 
63.30 	revenue account. Money in the account is appropriated to the commissioner to fund the cost 
63.31 	of issuing certificates and investigating grievances.

64.1 	Sec. 16. Minnesota Statutes 2020, section 363A.36, subdivision 3, is amended to read:
64.2 		Subd. 3.Revocation of certificate Violations; remedies. Certificates of compliance 
64.3 	may be suspended or revoked by the commissioner if a holder of a certificate has not made 
64.4 	a good faith effort to implement an affirmative action plan that has been approved by the 
64.5 	commissioner. If a contractor does not effectively implement an affirmative action plan 
64.6 	approved by the commissioner pursuant to subdivision 1, or fails to make a good faith effort 
64.7 	to do so, the commissioner may refuse to approve subsequent plans submitted by that firm 
64.8 	or business. The commissioner may impose fines or actions as follows:
64.9 	(1) issue fines up to $5,000 per violation; and
64.10 	(2) suspend or revoke a certificate of compliance until the contractor has paid all 
64.11 	outstanding fines and otherwise complies with this section.

64.12 	EFFECTIVE DATE. This section is effective July 1, 2021, for all current and future 
64.13 	certificate holders.

64.14 	Sec. 17. Minnesota Statutes 2020, section 363A.36, subdivision 4, is amended to read:
64.15 		Subd. 4.Revocation of contract. A contract awarded by a department or agency of the 
64.16 	state, the Metropolitan Council, or an agency subject to section 473.143, subdivision 1, may 
64.17 	be terminated or abridged by the department or agency awarding entity because of suspension 
64.18 	or revocation of a certificate based upon a contractor's failure to implement or make a good 
64.19 	faith effort to implement an affirmative action plan approved by the commissioner under 
64.20 	this section. If a contract is awarded to a person who does not have a contract compliance 
64.21 	certificate required under subdivision 1, the commissioner may void the contract on behalf 
64.22 	of the state.

64.23 	EFFECTIVE DATE. This section is effective June 1, 2021, and applies to contracts 
64.24 	entered into on or after that date.

64.25 	Sec. 18. Minnesota Statutes 2020, section 363A.36, is amended by adding a subdivision 
64.26 	to read:
64.27 		Subd. 6.Access to data. Data submitted to the commissioner related to a certificate of 
64.28 	compliance are private data on individuals or nonpublic data with respect to persons other 
64.29 	than department employees. The commissioner's decision to issue, not issue, revoke, or 
64.30 	suspend or otherwise penalize a certificate holder of a certificate of compliance is public 
64.31 	data. Applications, forms, or similar documents submitted by a business seeking a certificate 
64.32 	of compliance are public data. The commissioner may disclose data classified as private or 
65.1 	nonpublic under this subdivision to other state agencies, statewide systems, and political 
65.2 	subdivisions for the purposes of achieving compliance with this section.

65.3 	Sec. 19. Minnesota Statutes 2020, section 363A.44, subdivision 2, is amended to read:
65.4 		Subd. 2.Application. (a) A business shall apply for an equal pay certificate by paying 
65.5 	a $150 $250 filing fee and submitting an equal pay compliance statement to the 
65.6 	commissioner. The proceeds from the fees collected under this subdivision shall be deposited 
65.7 	in an equal pay certificate special revenue account. Money in the account is appropriated 
65.8 	to the commissioner for the purposes of this section. The commissioner shall issue an equal 
65.9 	pay certificate of compliance to a business that submits to the commissioner a statement 
65.10 	signed by the chairperson of the board or chief executive officer of the business:
65.11 	(1) that the business is in compliance with Title VII of the Civil Rights Act of 1964, 
65.12 	Equal Pay Act of 1963, Minnesota Human Rights Act, and Minnesota Equal Pay for Equal 
65.13 	Work Law;
65.14 	(2) that the average compensation for its female employees is not consistently below 
65.15 	the average compensation for its male employees within each of the major job categories 
65.16 	in the EEO-1 employee information report for which an employee is expected to perform 
65.17 	work under the contract, taking into account factors such as length of service, requirements 
65.18 	of specific jobs, experience, skill, effort, responsibility, working conditions of the job, or 
65.19 	other mitigating factors;
65.20 	(3) that the business does not restrict employees of one sex to certain job classifications 
65.21 	and makes retention and promotion decisions without regard to sex;
65.22 	(4) that wage and benefit disparities are corrected when identified to ensure compliance 
65.23 	with the laws cited in clause (1) and with clause (2); and
65.24 	(5) how often wages and benefits are evaluated to ensure compliance with the laws cited 
65.25 	in clause (1) and with clause (2).
65.26 	(b) The equal pay compliance statement shall also indicate whether the business, in 
65.27 	setting compensation and benefits, utilizes:
65.28 	(1) a market pricing approach;
65.29 	(2) state prevailing wage or union contract requirements;
65.30 	(3) a performance pay system;
65.31 	(4) an internal analysis; or
66.1 	(5) an alternative approach to determine what level of wages and benefits to pay its 
66.2 	employees. If the business uses an alternative approach, the business must provide a 
66.3 	description of its approach.
66.4 	(c) Receipt of the equal pay compliance statement by the commissioner does not establish 
66.5 	compliance with the laws set forth in paragraph (a), clause (1).

66.6 	Sec. 20. Minnesota Statutes 2020, section 363A.44, subdivision 4, is amended to read:
66.7 		Subd. 4.Revocation of certificate Violations; remedies. An equal pay certificate for 
66.8 	a business may be suspended or revoked by the commissioner when the business fails to 
66.9 	make a good-faith effort to comply with the laws identified in subdivision 2, paragraph (a), 
66.10 	clause (1), fails to make a good-faith effort to comply with this section, or has multiple 
66.11 	violations of this section or the laws identified in subdivision 2, paragraph (a), clause (1).
66.12 	The commissioner may also issue a fine due to lack of compliance with this section of up 
66.13 	to $5,000 per violation. The commissioner may suspend or revoke an equal pay certificate 
66.14 	until the business has paid all outstanding fines and otherwise complies with this section.
66.15 	Prior to issuing a fine or suspending or revoking a certificate, the commissioner must first 
66.16 	have sought to conciliate with the business regarding wages and benefits due to employees.

66.17 	EFFECTIVE DATE. This section is effective July 1, 2021, for all current and future 
66.18 	certificate holders.

66.19 	Sec. 21. Minnesota Statutes 2020, section 363A.44, subdivision 9, is amended to read:
66.20 		Subd. 9.Access to data. Data submitted to the commissioner related to equal pay 
66.21 	certificates are private data on individuals or nonpublic data with respect to persons other 
66.22 	than department employees. The commissioner's decision to issue, not issue, revoke, or 
66.23 	suspend or otherwise penalize a certificate holder of an equal pay certificate is public data.
66.24 	Applications, forms, or similar documents submitted by a business seeking an equal pay 
66.25 	certificate are public data. The commissioner may disclose data classified as private or 
66.26 	nonpublic under this subdivision to other state agencies, statewide systems, and political 
66.27 	subdivisions for the purposes of achieving compliance with this section.

66.28 	Sec. 22. [363A.50] NONDISCRIMINATION IN ACCESS TO TRANSPLANTS.
66.29 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms have 
66.30 	the meanings given unless the context clearly requires otherwise.
66.31 	(b) "Anatomical gift" has the meaning given in section 525A.02, subdivision 4.
67.1 	(c) "Auxiliary aids and services" include, but are not limited to:
67.2 	(1) qualified interpreters or other effective methods of making aurally delivered materials 
67.3 	available to individuals with hearing impairments;
67.4 	(2) qualified readers, taped texts, texts in accessible electronic format, or other effective 
67.5 	methods of making visually delivered materials available to individuals with visual 
67.6 	impairments;
67.7 	(3) the provision of information in a format that is accessible for individuals with 
67.8 	cognitive, neurological, developmental, intellectual, or physical disabilities;
67.9 	(4) the provision of supported decision-making services; and
67.10 	(5) the acquisition or modification of equipment or devices.
67.11 	(d) "Covered entity" means:
67.12 	(1) any licensed provider of health care services, including licensed health care 
67.13 	practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric 
67.14 	residential treatment facilities, institutions for individuals with intellectual or developmental 
67.15 	disabilities, and prison health centers; or
67.16 	(2) any entity responsible for matching anatomical gift donors to potential recipients.
67.17 	(e) "Disability" has the meaning given in section 363A.03, subdivision 12.
67.18 	(f) "Organ transplant" means the transplantation or infusion of a part of a human body 
67.19 	into the body of another for the purpose of treating or curing a medical condition.
67.20 	(g) "Qualified individual" means an individual who, with or without available support 
67.21 	networks, the provision of auxiliary aids and services, or reasonable modifications to policies 
67.22 	or practices, meets the essential eligibility requirements for the receipt of an anatomical 
67.23 	gift.
67.24 	(h) "Reasonable modifications" include, but are not limited to:
67.25 	(1) communication with individuals responsible for supporting an individual with 
67.26 	postsurgical and post-transplantation care, including medication; and
67.27 	(2) consideration of support networks available to the individual, including family, 
67.28 	friends, and home and community-based services, including home and community-based 
67.29 	services funded through Medicaid, Medicare, another health plan in which the individual 
67.30 	is enrolled, or any program or source of funding available to the individual, in determining 
67.31 	whether the individual is able to comply with post-transplant medical requirements.
68.1 	(i) "Supported decision making" has the meaning given in section 524.5-102, subdivision 
68.2 	16a.
68.3 		Subd. 2.Prohibition of discrimination. (a) A covered entity may not, on the basis of 
68.4 	a qualified individual's mental or physical disability:
68.5 	(1) deem an individual ineligible to receive an anatomical gift or organ transplant;
68.6 	(2) deny medical or related organ transplantation services, including evaluation, surgery, 
68.7 	counseling, and postoperative treatment and care;
68.8 	(3) refuse to refer the individual to a transplant center or other related specialist for the 
68.9 	purpose of evaluation or receipt of an anatomical gift or organ transplant;
68.10 	(4) refuse to place an individual on an organ transplant waiting list or place the individual 
68.11 	at a lower-priority position on the list than the position at which the individual would have 
68.12 	been placed if not for the individual's disability; or
68.13 	(5) decline insurance coverage for any procedure associated with the receipt of the 
68.14 	anatomical gift or organ transplant, including post-transplantation and postinfusion care.
68.15 	(b) Notwithstanding paragraph (a), a covered entity may take an individual's disability 
68.16 	into account when making treatment or coverage recommendations or decisions, solely to 
68.17 	the extent that the physical or mental disability has been found by a physician, following 
68.18 	an individualized evaluation of the potential recipient, to be medically significant to the 
68.19 	provision of the anatomical gift or organ transplant. The provisions of this section may not 
68.20 	be deemed to require referrals or recommendations for, or the performance of, organ 
68.21 	transplants that are not medically appropriate given the individual's overall health condition.
68.22 	(c) If an individual has the necessary support system to assist the individual in complying 
68.23 	with post-transplant medical requirements, an individual's inability to independently comply 
68.24 	with those requirements may not be deemed to be medically significant for the purposes of 
68.25 	paragraph (b).
68.26 	(d) A covered entity must make reasonable modifications to policies, practices, or 
68.27 	procedures, when such modifications are necessary to make services such as 
68.28 	transplantation-related counseling, information, coverage, or treatment available to qualified 
68.29 	individuals with disabilities, unless the entity can demonstrate that making such modifications 
68.30 	would fundamentally alter the nature of such services.
68.31 	(e) A covered entity must take such steps as may be necessary to ensure that no qualified 
68.32 	individual with a disability is denied services such as transplantation-related counseling, 
68.33 	information, coverage, or treatment because of the absence of auxiliary aids and services, 
69.1 	unless the entity can demonstrate that taking such steps would fundamentally alter the nature 
69.2 	of the services being offered or result in an undue burden. A covered entity is not required 
69.3 	to provide supported decision-making services.
69.4 	(f) A covered entity must otherwise comply with the requirements of Titles II and III of 
69.5 	the Americans with Disabilities Act of 1990, the Americans with Disabilities Act 
69.6 	Amendments Act of 2008, and the Minnesota Human Rights Act.
69.7 	(g) The provisions of this section apply to each part of the organ transplant process.
69.8 		Subd. 3.Remedies. In addition to all other remedies available under this chapter, any 
69.9 	individual who has been subjected to discrimination in violation of this section may initiate 
69.10 	a civil action in a court of competent jurisdiction to enjoin violations of this section.

69.11 	ARTICLE 7
69.12 	CIVIL LAW

69.13 	Section 1. Minnesota Statutes 2020, section 357.17, is amended to read:
69.14 	357.17 NOTARIES PUBLIC.
69.15 	(a) The maximum fees to be charged and collected by a notary public shall be as follows:
69.16 	(1) for protest of nonpayment of note or bill of exchange or of nonacceptance of such 
69.17 	bill; where protest is legally necessary, and copy thereof, $5;
69.18 	(2) for every other protest and copy, $5;
69.19 	(3) for making and serving every notice of nonpayment of note or nonacceptance of bill 
69.20 	and copy thereof, $5;
69.21 	(4) for any affidavit or paper for which provision is not made herein, $5 per folio, and 
69.22 	$1 per folio for copies;
69.23 	(5) for each oath administered, $5;
69.24 	(6) for acknowledgments of deeds and for other services authorized by law, the legal 
69.25 	fees allowed other officers for like services;
69.26 	(7) for recording each instrument required by law to be recorded by the notary, $5 per 
69.27 	folio.
69.28 	(b) A notary public may charge a fee for performing a marriage in excess of the fees in 
69.29 	paragraph (a) if the notary is commissioned pursuant to chapter 359.

70.1 	Sec. 2. Minnesota Statutes 2020, section 359.04, is amended to read:
70.2 	359.04 POWERS.
70.3 	Every notary public so appointed, commissioned, and qualified shall have power 
70.4 	throughout this state to administer all oaths required or authorized to be administered in 
70.5 	this state; to take and certify all depositions to be used in any of the courts of this state; to 
70.6 	take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, and 
70.7 	other instruments in writing or electronic records; to receive, make out, and record notarial 
70.8 	protests; to perform civil marriages consistent with this chapter and chapter 517; and to 
70.9 	perform online remote notarial acts in compliance with the requirements of sections 358.645
70.10 	and 358.646.

70.11 	Sec. 3. [359.115] CIVIL MARRIAGE OFFICIANT.
70.12 	A notary public shall have the power to solemnize civil marriages throughout the state 
70.13 	if the notary public has filed a copy of the notary public's notary commission with the local 
70.14 	registrar of a county in this state. When a local registrar records a commission for a notary 
70.15 	public, the local registrar shall provide a certificate of filing to the notary whose commission 
70.16 	is recorded. A notary public shall endorse and record the county where the notary public's 
70.17 	commission is recorded upon each certificate of civil marriage granted by the notary.

70.18 	Sec. 4. Minnesota Statutes 2020, section 514.977, is amended to read:
70.19 	514.977 DEFAULT ADDITIONAL REMEDIES.
70.20 		Subdivision 1.Default; breach of rental agreement. If an occupant defaults in the 
70.21 	payment of rent for the storage space or otherwise breaches the rental agreement, the owner 
70.22 	may commence an eviction action under chapter 504B. to terminate the rental agreement, 
70.23 	recover possession of the storage space, remove the occupant, and dispose of the stored 
70.24 	personal property. The action shall be conducted in accordance with the Minnesota Rules 
70.25 	of Civil Procedure except as provided in this section.
70.26 		Subd. 2.Service of summons. The summons must be served at least seven days before 
70.27 	the date of the court appearance as provided in subdivision 3.
70.28 		Subd. 3.Appearance. Except as provided in subdivision 4, in an action filed under this 
70.29 	section, the appearance shall be not less than seven or more than 14 days from the day of 
70.30 	issuing the summons.
70.31 		Subd. 4.Expedited hearing. If the owner files a motion and affidavit stating specific 
70.32 	facts and instances in support of an allegation that the occupant is causing a nuisance or 
71.1 	engaging in illegal or other behavior that seriously endangers the safety of others, their 
71.2 	property, or the storage facility's property, the appearance shall be not less than three days 
71.3 	nor more than seven days from the date the summons is issued. The summons in an expedited 
71.4 	hearing shall be served upon the occupant within 24 hours of issuance unless the court 
71.5 	orders otherwise for good cause shown.
71.6 		Subd. 5.Answer; trial; continuance. At the court appearance specified in the summons, 
71.7 	the defendant may answer the complaint, and the court shall hear and decide the action, 
71.8 	unless it grants a continuance of the trial, which may be for no longer than six days, unless 
71.9 	all parties consent to longer continuance.
71.10 		Subd. 6.Counterclaims. The occupant is prohibited from bringing counterclaims in the 
71.11 	action that are unrelated to the possession of the storage space. Nothing in this section 
71.12 	prevents the occupant from bringing the claim in a separate action.
71.13 		Subd. 7.Judgment; writ. Judgment in matters adjudicated under this section shall be 
71.14 	in accordance with section 504B.345, subdivision 1, paragraph (a). Execution of a writ 
71.15 	issued under this section shall be in accordance with section 504B.365.

71.16 	Sec. 5. Minnesota Statutes 2020, section 517.04, is amended to read:
71.17 	517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.
71.18 	Civil marriages may be solemnized throughout the state by an individual who has attained 
71.19 	the age of 21 years and is a judge of a court of record, a retired judge of a court of record, 
71.20 	a court administrator, a retired court administrator with the approval of the chief judge of 
71.21 	the judicial district, a former court commissioner who is employed by the court system or 
71.22 	is acting pursuant to an order of the chief judge of the commissioner's judicial district, a 
71.23 	notary commissioned pursuant to chapter 359, the residential school superintendent of the 
71.24 	Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind, a 
71.25 	licensed or ordained minister of any religious denomination, or by any mode recognized in 
71.26 	section 517.18. For purposes of this section, a court of record includes the Office of 
71.27 	Administrative Hearings under section 14.48.

71.28 	Sec. 6. Minnesota Statutes 2020, section 517.08, subdivision 1b, is amended to read:
71.29 		Subd. 1b.Term of license; fee; premarital education. (a) The local registrar shall 
71.30 	examine upon oath the parties applying for a license relative to the legality of the 
71.31 	contemplated civil marriage. Examination upon oath of the parties under this section may 
71.32 	include contemporaneous video or audio transmission or receipt of a verified statement 
72.1 	signed by both parties attesting to the legality of the marriage. The local registrar may accept 
72.2 	civil marriage license applications, signed by both parties, by mail, facsimile, or electronic 
72.3 	filing. Both parties must present proof of age to the local registrar. If one party is unable to 
72.4 	appear in person, the party appearing may complete the absent applicant's information. The 
72.5 	local registrar shall provide a copy of the civil marriage application to the party who is 
72.6 	unable to appear, who must verify the accuracy of the appearing party's information in a 
72.7 	notarized statement. The verification statement must be accompanied by a copy of proof of 
72.8 	age of the party. The civil marriage license must not be released until the verification 
72.9 	statement and proof of age has been received by the local registrar. If the local registrar is 
72.10 	satisfied that there is no legal impediment to it, including the restriction contained in section 
72.11 	259.13, the local registrar shall issue the license, containing the full names of the parties 
72.12 	before and after the civil marriage, and county and state of residence, with the county seal 
72.13 	attached, and make a record of the date of issuance. The license shall be valid for a period 
72.14 	of six months. Except as provided in paragraph (b), the local registrar shall collect from the 
72.15 	applicant a fee of $115 for administering the oath, issuing, recording, and filing all papers 
72.16 	required, and preparing and transmitting to the state registrar of vital records the reports of 
72.17 	civil marriage required by this section. If the license should not be used within the period 
72.18 	of six months due to illness or other extenuating circumstances, it may be surrendered to 
72.19 	the local registrar for cancellation, and in that case a new license shall issue upon request 
72.20 	of the parties of the original license without fee. A local registrar who knowingly issues or 
72.21 	signs a civil marriage license in any manner other than as provided in this section shall pay 
72.22 	to the parties aggrieved an amount not to exceed $1,000.
72.23 	(b) The civil marriage license fee for parties who have completed at least 12 hours of 
72.24 	premarital education is $40. In order to qualify for the reduced license fee, the parties must 
72.25 	submit at the time of applying for the civil marriage license a statement that is signed, dated, 
72.26 	and notarized or marked with a church seal from the person who provided the premarital 
72.27 	education on their letterhead confirming that it was received. The premarital education must 
72.28 	be provided by a licensed or ordained minister or the minister's designee, a person authorized 
72.29 	to solemnize civil marriages under section 517.18, or a person authorized to practice marriage 
72.30 	and family therapy under section 148B.33. The education must include the use of a premarital 
72.31 	inventory and the teaching of communication and conflict management skills.
72.32 	(c) The statement from the person who provided the premarital education under paragraph 
72.33 	(b) must be in the following form:
72.34 	"I, .......................... (name of educator), confirm that .......................... (names of both 
72.35 	parties) received at least 12 hours of premarital education that included the use of a premarital 
73.1 	inventory and the teaching of communication and conflict management skills. I am a licensed 
73.2 	or ordained minister, a person authorized to solemnize civil marriages under Minnesota 
73.3 	Statutes, section 517.18, or a person licensed to practice marriage and family therapy under 
73.4 	Minnesota Statutes, section 148B.33."
73.5 	The names of the parties in the educator's statement must be identical to the legal names 
73.6 	of the parties as they appear in the civil marriage license application. Notwithstanding 
73.7 	section 138.17, the educator's statement must be retained for seven years, after which time 
73.8 	it may be destroyed.
73.9 	(d) If section 259.13 applies to the request for a civil marriage license, the local registrar 
73.10 	shall grant the civil marriage license without the requested name change. Alternatively, the 
73.11 	local registrar may delay the granting of the civil marriage license until the party with the 
73.12 	conviction:
73.13 	(1) certifies under oath that 30 days have passed since service of the notice for a name 
73.14 	change upon the prosecuting authority and, if applicable, the attorney general and no 
73.15 	objection has been filed under section 259.13; or
73.16 	(2) provides a certified copy of the court order granting it. The parties seeking the civil 
73.17 	marriage license shall have the right to choose to have the license granted without the name 
73.18 	change or to delay its granting pending further action on the name change request.

73.19 	EFFECTIVE DATE. This section is effective retroactively from January 1, 2021.

73.20 	Sec. 7. Minnesota Statutes 2020, section 524.2-503, is amended to read:
73.21 	524.2-503 HARMLESS ERROR.
73.22 	(a) If a document or writing added upon a document was not executed in compliance 
73.23 	with section 524.2-502, the document or writing is treated as if it had been executed in 
73.24 	compliance with section 524.2-502 if the proponent of the document or writing establishes 
73.25 	by clear and convincing evidence that the decedent intended the document or writing to 
73.26 	constitute:
73.27 	(1) the decedent's will;
73.28 	(2) a partial or complete revocation of the will;
73.29 	(3) an addition to or an alteration of the will; or
73.30 	(4) a partial or complete revival of the decedent's formerly revoked will or of a formerly 
73.31 	revoked portion of the will.
74.1 	(b) This section applies to documents and writings executed on or after March 13, 2020, 
74.2 	but before February 15, 2021.

74.3 	EFFECTIVE DATE. This section is effective retroactively from March 13, 2020, and 
74.4 	applies to documents and writings executed on or after March 13, 2020.

74.5 	Sec. 8. Minnesota Statutes 2020, section 541.073, subdivision 2, is amended to read:
74.6 		Subd. 2.Limitations period. (a) Except as provided in paragraph (b), an action for 
74.7 	damages based on sexual abuse: (1) must be commenced within six years of the alleged 
74.8 	sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may 
74.9 	be commenced at any time in the case of alleged sexual abuse of an individual under the 
74.10 	age of 18, except as provided for in subdivision 4; and (3) must be commenced before the 
74.11 	plaintiff is 24 years of age in a claim against a natural person alleged to have sexually abused 
74.12 	a minor when that natural person was under 14 years of age.
74.13 	(b) An action for damages based on sexual abuse may be commenced at any time in the 
74.14 	case of alleged sexual abuse by a peace officer, as defined in section 626.84, subdivision 
74.15 	1, paragraph (c).
74.16 	(b) (c) The plaintiff need not establish which act in a continuous series of sexual abuse 
74.17 	acts by the defendant caused the injury.
74.18 	(c) (d) This section does not affect the suspension of the statute of limitations during a 
74.19 	period of disability under section 541.15.

74.20 	EFFECTIVE DATE. (a) This section is effective the day following final enactment. 
74.21 	Except as provided in paragraph (b), this section applies to actions that were not time-barred 
74.22 	before the effective date.
74.23 	(b) Notwithstanding any other provision of law, in the case of alleged sexual abuse of 
74.24 	an individual by a peace officer, as defined in Minnesota Statutes, section 626.84, subdivision 
74.25 	1, paragraph (c), if the action would otherwise be time-barred under a previous version of 
74.26 	Minnesota Statutes, section 541.073, or other time limit, an action for damages against a 
74.27 	peace officer may be commenced no later than five years following the effective date of 
74.28 	this section.

74.29 	Sec. 9. Minnesota Statutes 2020, section 573.02, subdivision 1, is amended to read:
74.30 		Subdivision 1.Death action. (a) When death is caused by the wrongful act or omission 
74.31 	of any person or corporation, the trustee appointed as provided in subdivision 3 may maintain 
74.32 	an action therefor if the decedent might have maintained an action, had the decedent lived, 
75.1 	for an injury caused by the wrongful act or omission. An action to recover damages for a 
75.2 	death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital 
75.3 	or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall 
75.4 	be commenced within three years of the date of death, but in no event shall be commenced 
75.5 	beyond the time set forth in section 541.076. An action to recover damages for a death 
75.6 	caused by an intentional act constituting murder may be commenced at any time after the 
75.7 	death of the decedent. An action to recover damages for a death caused by a peace officer, 
75.8 	as defined in section 626.84, subdivision 1, paragraph (c), may be commenced at any time 
75.9 	after the death of the decedent. Any other action under this section may be commenced 
75.10 	within three years after the date of death provided that the action must be commenced within 
75.11 	six years after the act or omission. The recovery in the action is the amount the jury deems 
75.12 	fair and just in reference to the pecuniary loss resulting from the death, and shall be for the 
75.13 	exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary 
75.14 	loss severally suffered by the death. The court then determines the proportionate pecuniary 
75.15 	loss of the persons entitled to the recovery and orders distribution accordingly. Funeral 
75.16 	expenses and any demand for the support of the decedent allowed by the court having 
75.17 	jurisdiction of the action, are first deducted and paid. Punitive damages may be awarded as 
75.18 	provided in section 549.20.
75.19 	(b) If an action for the injury was commenced by the decedent and not finally determined 
75.20 	while living, it may be continued by the trustee for recovery of damages for the exclusive 
75.21 	benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally 
75.22 	suffered by the death. The court on motion shall make an order allowing the continuance 
75.23 	and directing pleadings to be made and issues framed as in actions begun under this section.

75.24 	EFFECTIVE DATE. (a) This section is effective the day following final enactment. 
75.25 	Except as provided in paragraph (b), this section applies to actions that were not time-barred 
75.26 	before the effective date.
75.27 	(b) Notwithstanding any other provision of law, in the case of a death caused by a peace 
75.28 	officer, as defined in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c), if 
75.29 	the action would otherwise be time-barred under a previous version of Minnesota Statutes, 
75.30 	section 573.02, or other time limit, an action for damages against a peace officer may be 
75.31 	commenced no later than five years following the effective date of this section.

76.1 	Sec. 10. Laws 2020, chapter 118, section 4, is amended to read:
76.2 	Sec. 4. FILING OF MORTGAGE OR DEED OF TRUST THROUGH 2020; PUBLIC 
76.3 	UTILITY.
 76.4 	Notwithstanding Minnesota Statutes, section 507.327, for the public utility subject to 
76.5 	Minnesota Statutes, section 116C.7791, the filing of the mortgage or deed of trust executed 
76.6 	between May 1, 2020, and December 31, 2020 June 30, 2022, filed in the Office of the 
76.7 	Secretary of State under Minnesota Statutes, section 336.02 336B.02, along with, or as part 
76.8 	of, the financing statement covering the fixtures, has the same effect, and is notice of the 
76.9 	rights and interests of the mortgagee or trustee in easements, other less than fee simple 
76.10 	interests in real estate, and fee simple interests in real estate of the public utility to the same 
76.11 	extent, as if the mortgage or deed of trust were duly recorded in the office of the county 
76.12 	recorder or duly registered in the office of the registrar of titles of the counties in which the 
76.13 	real estate is situated. The effectiveness of the filing terminates at the same time as provided 
76.14 	in Minnesota Statutes, section 336B.02, subdivision 3, for the termination of the effectiveness 
76.15 	of fixture filing. Any filing made in accordance with this section shall also be made with 
76.16 	the office of the county recorder, or duly registered in the office of the registrar of titles, of 
76.17 	the counties in which the real estate is situated.

76.18 	EFFECTIVE DATE. This section is effective retroactively from December 30, 2020.

76.19 	ARTICLE 8
76.20 	GOVERNMENT DATA PRACTICES

76.21 	Section 1. [3.8844] LEGISLATIVE COMMISSION ON DATA PRACTICES.
76.22 		Subdivision 1.Established. The Legislative Commission on Data Practices and Personal 
76.23 	Data Privacy is created to study issues relating to government data practices and individuals' 
76.24 	personal data privacy rights and to review legislation impacting data practices, data security, 
76.25 	and personal data privacy. The commission is a continuation of the commission that was 
76.26 	established by Laws 2014, chapter 193, as amended, and which expired June 30, 2019.
76.27 		Subd. 2.Membership. The commission consists of four senators appointed by the senate 
76.28 	Subcommittee on Committees of the Committee on Rules and Administration, and four 
76.29 	members of the house of representatives appointed by the speaker. Two members from each 
76.30 	chamber must be from the majority party in that chamber and two members from each 
76.31 	chamber must be from the minority party in that chamber. Each appointing authority must 
76.32 	make appointments as soon as possible after the beginning of the regular legislative session 
76.33 	in the odd-numbered year. The ranking senator from the majority party appointed to the 
77.1 	commission must convene the first meeting of a biennium by February 15 in the 
77.2 	odd-numbered year. The commission may elect up to four former legislators who have 
77.3 	demonstrated an interest in, or have a history of working in, the areas of government data 
77.4 	practices and personal data privacy to serve as nonvoting members of the commission. The 
77.5 	former legislators must not be registered lobbyists. All commission members shall serve 
77.6 	without compensation and without reimbursement for mileage, meals, or other expenses.
77.7 		Subd. 3.Terms; vacancies. Members of the commission serve for terms beginning upon 
77.8 	appointment and ending at the beginning of the regular legislative session in the next 
77.9 	odd-numbered year. The appropriate appointing authority must fill a vacancy for a seat of 
77.10 	a current legislator for the remainder of the unexpired term.
77.11 		Subd. 4.Officers. The commission must elect a chair and may elect other officers as it 
77.12 	determines are necessary. The chair alternates between a member of the senate and a member 
77.13 	of the house of representatives in January of each odd-numbered year.
77.14 		Subd. 5.Staff. Legislative staff must provide administrative and research assistance to 
77.15 	the commission from existing resources. The Legislative Coordinating Commission may, 
77.16 	if funding is available, appoint staff to provide research assistance.
77.17 		Subd. 6.Duties. The commission shall:
77.18 	(1) review and provide the legislature with research and analysis of emerging issues 
77.19 	relating to government data practices and security and privacy of personal data;
77.20 	(2) review and make recommendations on legislative proposals relating to the Minnesota 
77.21 	Government Data Practices Act; and
77.22 	(3) review and make recommendations on legislative proposals impacting personal data 
77.23 	privacy rights, data security, and other related issues.

77.24 	EFFECTIVE DATE. This section is effective the day following final enactment. Initial 
77.25 	members of the commission serve for a term ending in January 2023. A member of the 
77.26 	house of representatives shall serve as the first chair of the commission. A member of the 
77.27 	senate shall serve as chair of the commission beginning in January 2023.

77.28 	Sec. 2. Minnesota Statutes 2020, section 13.045, subdivision 1, is amended to read:
77.29 		Subdivision 1.Definitions. As used in this section:
77.30 	(1) "program participant" has the meaning given in section 5B.02, paragraph (g);
77.31 	(2) "location data" means any data the participant specifies that may be used to physically 
77.32 	locate a program participant, including but not limited tosuch as the program participant's 
78.1 	residential address, work address, andor school address, and that is collected, received, or 
78.2 	maintained by a government entity prior to the date a program participant's certification 
78.3 	expires, or the date the entity receives notice that the program participant has withdrawn 
78.4 	from the program, whichever is earlier;
78.5 	(3) "identity data" means data that may be used to identify a program participant, 
78.6 	including the program participant's name, phone number, e-mail address, address designated 
78.7 	under chapter 5B, Social Security number, or driver's license number, and that is collected, 
78.8 	received, or maintained by a government entity before the date a program participant's 
78.9 	certification expires, or the date the entity receives notice that the program participant has 
78.10 	withdrawn from the program, whichever is earlier;
78.11 	(4) "county recorder" means the county official who performs the functions of the county 
78.12 	recorder or registrar of titles to record a document as part of the county real estate document 
78.13 	recording system, regardless of title or office; and
78.14 	(5) "real property records" means any record of data that is maintained by a county as 
78.15 	part of the county real estate document recording system for use by the public, data on 
78.16 	assessments, data on real or personal property taxation, and other data on real property.

78.17 	Sec. 3. Minnesota Statutes 2020, section 13.045, subdivision 2, is amended to read:
78.18 		Subd. 2.Notification of certification. (a) A program participant may submit a notice, 
78.19 	in writing, tonotify the responsible authority of any government entity other than the county 
78.20 	recorder in writing, on a form prescribed by the secretary of state, that the participant is 
78.21 	certified in the Safe at Home address confidentiality program pursuant to chapter 5B. The 
78.22 	notice must include the program participant's name, names of other program participants 
78.23 	in the household,date of birth, address designated under chapter 5B, program participant 
78.24 	signature, signature of the participant's parent or guardian if the participant is a minor, date 
78.25 	the program participant's certification in the program expires, and any other information 
78.26 	specified by the secretary of state. A program participant may submit a subsequent notice 
78.27 	of certification, if the participant's certification is renewed. The contents of the notification 
78.28 	of certification are private data on individuals. A notice provided pursuant to this paragraph 
78.29 	is a request to protect location data unless the participant requests that specific identity data 
78.30 	also be protected.
78.31 	(b) To affect real property records, including but not limited to documents maintained 
78.32 	in a public recording system, data on assessments and taxation, and other data on real 
78.33 	property, a program participant must submit a real property notice in writing to the county 
78.34 	recorder in the county where the property identified in the real property notice is located.
79.1 	To affect real property records maintained by any other government entity, a program 
79.2 	participant must submit a real property notice in writing to the other government entity's 
79.3 	responsible authority. A real property notice must be on a form prescribed by the secretary 
79.4 	of state and must include:
79.5 	(1) the full legal name of the program participant, including middle name;
79.6 	(2) the last four digits of the program participant's Social Security number;
79.7 	(3) the participant's date of birth;
79.8 	(3)(4) the designated address of the program participant as assigned by the secretary of 
79.9 	state, including lot number;
79.10 	(4) the date the program participant's certification in the program expires;
79.11 	(5) the legal description and street address, if any, of the real property affected by the 
79.12 	notice;
79.13 	(6) the address of the Office of the Secretary of State; and
79.14 	(7) the signature of the program participant.
79.15 	Only one parcel of real property may be included in each notice, but more than one notice 
79.16 	may be presented to the county recorder. The county recorderThe recipient of the notice
79.17 	may require a program participant to provide additional information necessary to identify 
79.18 	the records of the program participant or the real property described in the notice. A program 
79.19 	participant must submit a subsequent real property notice for the real property if the 
79.20 	participant's certification is renewed legal name changes. The real property notice is private 
79.21 	data on individuals.

79.22 	Sec. 4. Minnesota Statutes 2020, section 13.045, subdivision 3, is amended to read:
79.23 		Subd. 3.Classification of identity and location data; amendment of records; sharing 
79.24 	and dissemination. (a) Identity and location data on for which a program participant who 
79.25 	submits a notice seeks protection under subdivision 2, paragraph (a), that are not otherwise 
79.26 	classified by law are private data on individuals. Notwithstanding any provision of law to 
79.27 	the contrary, private or confidential location data on a program participant who submits a 
79.28 	notice under subdivision 2, paragraph (a), may not be shared with any other government 
79.29 	entity or nongovernmental entity except as provided in paragraph (b).
79.30 	(b) Private or confidential location data on a program participant must not be shared or 
79.31 	disclosed by a government entity Notwithstanding any provision of law to the contrary, 
79.32 	private or confidential location data on a program participant who submits a notice under 
80.1 	subdivision 2, paragraph (a), may not be shared with any other government entity or 
80.2 	nongovernmental entity unless:
80.3 	(1) the program participant has expressly consented in writing to sharing or dissemination 
80.4 	of the data for the purpose for which the sharing or dissemination will occur;
80.5 	(2) the data are subject to sharing or dissemination pursuant to court order under section 
80.6 	13.03, subdivision 6;
80.7 	(3) the data are subject to sharing pursuant to section 5B.07, subdivision 2;
80.8 	(4) the location data related to county of residence are needed to provide public assistance 
80.9 	or other government services, or to allocate financial responsibility for the assistance or 
80.10 	services;
80.11 	(5) the data are necessary to perform a government entity's health, safety, or welfare 
80.12 	functions, including the provision of emergency 911 services, the assessment and 
80.13 	investigation of child or vulnerable adult abuse or neglect, or the assessment or inspection 
80.14 	of services or locations for compliance with health, safety, or professional standards; or
80.15 	(6) the data are necessary to aid an active law enforcement investigation of the program 
80.16 	participant.
80.17 	(c) Data disclosed under paragraph (b), clauses (4) to (6), may be used only for the 
80.18 	purposes authorized in this subdivision and may not be further disclosed to any other person 
80.19 	or government entity. Government entities receiving or sharing private or confidential data 
80.20 	under this subdivision shall establish procedures to protect the data from further disclosure.
80.21 	(d) Real property record data are governed by subdivision 4a.
80.22 	(e) Notwithstanding sections 15.17 and 138.17, a government entity may amend records 
80.23 	to replace a participant's location data with the participant's designated address.

80.24 	Sec. 5. Minnesota Statutes 2020, section 13.045, subdivision 4a, is amended to read:
80.25 		Subd. 4a.Real property records. (a) If a program participant submits a notice to a 
80.26 	county recorder under subdivision 2, paragraph (b), the county recordergovernment entity 
80.27 	must not disclose the program participant's identity data in conjunction with the property 
80.28 	identified in the written notice in the entity's real property records, unless:
80.29 	(1) the program participant has consented to sharing or dissemination of the data for the 
80.30 	purpose identified in a writing acknowledged by the program participant;
81.1 	(2) the data are subject to sharing or dissemination pursuant to court order under section 
81.2 	13.03, subdivision 6; or
81.3 	(3) the secretary of state authorizes the sharing or dissemination of the data under 
81.4 	subdivision 4b for the purpose identified in the authorization.; or
81.5 	(4) the data is shared with a government entity subject to this chapter for the purpose of 
81.6 	administering assessment and taxation laws.
81.7 	This subdivision does not prevent thea county recorder from returning original documents 
81.8 	to the individuals that submitted the documents for recording. This subdivision does not 
81.9 	prevent the public disclosure of the participant's name and address designated under chapter 
81.10 	5B in the county reception index if the participant's name and designated address are not 
81.11 	disclosed in conjunction with location data. Each county recordergovernment entity shall 
81.12 	establish procedures for recording or filing documents to comply with this subdivision. 
81.13 	These procedures may include masking identity or location data and making documents or 
81.14 	certificates of title containing the data private and not viewable except as allowed by this 
81.15 	paragraph. The procedure must comply with the requirements of chapters 386, 507, 508, 
81.16 	and 508A and other laws as appropriate, to the extent these requirements do not conflict 
81.17 	with this section. The procedures must provide public notice of the existence of recorded 
81.18 	documents and certificates of title that are not publicly viewable and the provisions for 
81.19 	viewing them under this subdivision. Notice that a document or certificate is private and 
81.20 	viewable only under this subdivision or subdivision 4b is deemed constructive notice of the 
81.21 	document or certificate.
81.22 	(b) A real property notice is notice only to the county recorder. A notice that does not 
81.23 	conform to the requirements of a real property notice under subdivision 2, paragraph (b), 
81.24 	is not effective as a notice to the county recorder. On receipt of a real property notice, the 
81.25 	county recorder government entity shall provide a copy of the notice to the person who 
81.26 	maintains the property tax records in that county jurisdiction, to the county's or municipality's 
81.27 	responsible authority, and provide a copy to the secretary of state at the address specified 
81.28 	by the secretary of state in the notice.
81.29 	(c) Paragraph (a) applies only to the records recorded or filed concurrently with the real 
81.30 	property notice specified in subdivision 2, paragraph (b), and real property records affecting 
81.31 	the same real property created or recorded subsequent to the county'sgovernment entity's 
81.32 	receipt of the real property notice.
81.33 	(d) The prohibition on disclosure in paragraph (a) continues until:
82.1 	(1) the program participant has consented to the termination of the real property notice 
82.2 	in a writing acknowledged by the program participant. Notification under this paragraph 
82.3 	must be given by the government entity to the secretary of state within 90 days of the 
82.4 	termination;
82.5 	(2) the real property notice is terminated pursuant to a court order. Notification under 
82.6 	this paragraph must be given by the government entity to the secretary of state within 90 
82.7 	days of the termination;
82.8 	(3) the program participant no longer holds a record interest in the real property identified 
82.9 	in the real property notice. Notification under this paragraph must be given by the government 
82.10 	entity to the secretary of state within 90 days of the termination; or
82.11 	(4) the secretary of state has given written notice to the county recorder government 
82.12 	entity who provided the secretary of state with a copy of a participant's real property notice 
82.13 	that the program participant's certification has terminated. Notification under this paragraph 
82.14 	must be given by the secretary of state within 90 days of the termination.
82.15 	Upon termination of the prohibition of disclosure, the county recorder government entity
82.16 	shall make publicly viewable all documents and certificates of title relative to the participant 
82.17 	that were previously partially or wholly private and not viewable.

82.18 	Sec. 6. Minnesota Statutes 2020, section 13.32, subdivision 3, is amended to read:
82.19 		Subd. 3.Private data; when disclosure is permitted. Except as provided in subdivision 
82.20 	5, educational data is private data on individuals and shall not be disclosed except as follows:
82.21 	(a) pursuant to section 13.05;
82.22 	(b) pursuant to a valid court order;
82.23 	(c) pursuant to a statute specifically authorizing access to the private data;
82.24 	(d) to disclose information in health, including mental health, and safety emergencies 
82.25 	pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code 
82.26 	of Federal Regulations, title 34, section 99.36;
82.27 	(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), 
82.28 	(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations, 
82.29 	title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;
82.30 	(f) to appropriate health authorities to the extent necessary to administer immunization 
82.31 	programs and for bona fide epidemiologic investigations which the commissioner of health 
83.1 	determines are necessary to prevent disease or disability to individuals in the public 
83.2 	educational agency or institution in which the investigation is being conducted;
83.3 	(g) when disclosure is required for institutions that participate in a program under title 
83.4 	IV of the Higher Education Act, United States Code, title 20, section 1092;
83.5 	(h) to the appropriate school district officials to the extent necessary under subdivision 
83.6 	6, annually to indicate the extent and content of remedial instruction, including the results 
83.7 	of assessment testing and academic performance at a postsecondary institution during the 
83.8 	previous academic year by a student who graduated from a Minnesota school district within 
83.9 	two years before receiving the remedial instruction;
83.10 	(i) to appropriate authorities as provided in United States Code, title 20, section 
83.11 	1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the 
83.12 	system to effectively serve, prior to adjudication, the student whose records are released; 
83.13 	provided that the authorities to whom the data are released submit a written request for the 
83.14 	data that certifies that the data will not be disclosed to any other person except as authorized 
83.15 	by law without the written consent of the parent of the student and the request and a record 
83.16 	of the release are maintained in the student's file;
83.17 	(j) to volunteers who are determined to have a legitimate educational interest in the data 
83.18 	and who are conducting activities and events sponsored by or endorsed by the educational 
83.19 	agency or institution for students or former students;
83.20 	(k) to provide student recruiting information, from educational data held by colleges 
83.21 	and universities, as required by and subject to Code of Federal Regulations, title 32, section 
83.22 	216;
83.23 	(l) to the juvenile justice system if information about the behavior of a student who poses 
83.24 	a risk of harm is reasonably necessary to protect the health or safety of the student or other 
83.25 	individuals;
83.26 	(m) with respect to Social Security numbers of students in the adult basic education 
83.27 	system, to Minnesota State Colleges and Universities and the Department of Employment 
83.28 	and Economic Development for the purpose and in the manner described in section 124D.52, 
83.29 	subdivision 7;
83.30 	(n) to the commissioner of education for purposes of an assessment or investigation of 
83.31 	a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request 
83.32 	by the commissioner of education, data that are relevant to a report of maltreatment and are 
84.1 	from charter school and school district investigations of alleged maltreatment of a student 
84.2 	must be disclosed to the commissioner, including, but not limited to, the following:
84.3 	(1) information regarding the student alleged to have been maltreated;
84.4 	(2) information regarding student and employee witnesses;
84.5 	(3) information regarding the alleged perpetrator; and
84.6 	(4) what corrective or protective action was taken, if any, by the school facility in response 
84.7 	to a report of maltreatment by an employee or agent of the school or school district;
84.8 	(o) when the disclosure is of the final results of a disciplinary proceeding on a charge 
84.9 	of a crime of violence or nonforcible sex offense to the extent authorized under United 
84.10 	States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations, title 
84.11 	34, sections 99.31 (a)(13) and (14);
84.12 	(p) when the disclosure is information provided to the institution under United States 
84.13 	Code, title 42, section 14071, concerning registered sex offenders to the extent authorized 
84.14 	under United States Code, title 20, section 1232g(b)(7); or
84.15 	(q) when the disclosure is to a parent of a student at an institution of postsecondary 
84.16 	education regarding the student's violation of any federal, state, or local law or of any rule 
84.17 	or policy of the institution, governing the use or possession of alcohol or of a controlled 
84.18 	substance, to the extent authorized under United States Code, title 20, section 1232g(i), and 
84.19 	Code of Federal Regulations, title 34, section 99.31 (a)(15), and provided the institution 
84.20 	has an information release form signed by the student authorizing disclosure to a parent. 
84.21 	The institution must notify parents and students about the purpose and availability of the 
84.22 	information release forms. At a minimum, the institution must distribute the information 
84.23 	release forms at parent and student orientation meetings.; or
84.24 	(r) with tribal nations about tribally enrolled or descendant students to the extent necessary 
84.25 	for the tribal nation and school district or charter school to support the educational attainment 
84.26 	of the student.

84.27 	Sec. 7. [13.3655] ATTORNEY GENERAL DATA CODED ELSEWHERE.
84.28 		Subdivision 1.Scope. The sections referred to in this section are codified outside this 
84.29 	chapter. Those sections classify attorney general data as other than public, place restrictions 
84.30 	on access to government data, or involve data sharing.
84.31 		Subd. 2.Jailhouse witnesses. Data collected and maintained by the attorney general 
84.32 	regarding jailhouse witnesses are governed by section 634.045.

85.1 	EFFECTIVE DATE. This section is effective August 1, 2021.

85.2 	Sec. 8. Minnesota Statutes 2020, section 13.7931, is amended by adding a subdivision to 
85.3 	read:
85.4 		Subd. 1b.Data on individuals who are minors. Data on individuals who are minors 
85.5 	that are collected, created, received, maintained, or disseminated by the Department of 
85.6 	Natural Resources are classified under section 84.0873.

85.7 	Sec. 9. Minnesota Statutes 2020, section 13.82, is amended by adding a subdivision to 
85.8 	read:
85.9 		Subd. 33.Mental health care data. (a) Mental health data received from the welfare 
85.10 	system as described in section 13.46, subdivision 7, are classified as described in that section.
85.11 	(b) Data received from a provider as described in section 144.294 are classified as 
85.12 	described in that section.
85.13 	(c) Health records received from a provider are governed by section 144.293.
85.14 	(d) The following data on individuals created or collected by law enforcement agencies 
85.15 	are private data on individuals, unless the data become criminal investigative data, in which 
85.16 	the data are classified by subdivision 7:
85.17 	(1) medications taken by an individual;
85.18 	(2) mental illness diagnoses;
85.19 	(3) the psychological or psychosocial history of an individual;
85.20 	(4) risk factors or potential triggers related to an individual's mental health;
85.21 	(5) mental health or social service providers serving an individual; and
85.22 	(6) data pertaining to the coordination of social service or mental health care on behalf 
85.23 	of an individual, including the scheduling of appointments, responses from providers, and 
85.24 	follow-up.
85.25 	(e) Data classified as private by paragraph (d) may be shared with the welfare system, 
85.26 	as defined in section 13.46, subdivision 1, paragraph (c), or with a provider as defined by 
85.27 	section 144.291, subdivision 2, paragraph (i), to coordinate necessary services on behalf of 
85.28 	the subject of the data.
85.29 	(f) This subdivision does not affect the classification of data made public by subdivision 
85.30 	2, 3, or 6 or those portions of inactive investigative data made public by subdivision 7.

86.1 	Sec. 10. Minnesota Statutes 2020, section 13.824, subdivision 6, is amended to read:
86.2 		Subd. 6.Biennial audit. (a) In addition to the log required under subdivision 5, the law 
86.3 	enforcement agency must maintain records showing the date and time automated license 
86.4 	plate reader data were collected and the applicable classification of the data. The law 
86.5 	enforcement agency shall arrange for an independent, biennial audit of the records to 
86.6 	determine whether data currently in the records are classified, how the data are used, whether 
86.7 	they are destroyed as required under this section, and to verify compliance with subdivision 
86.8 	7. If the commissioner of administration believes that a law enforcement agency is not 
86.9 	complying with this section or other applicable law, the commissioner may order a law 
86.10 	enforcement agency to arrange for additional independent audits. Data in the records required 
86.11 	under this paragraph are classified as provided in subdivision 2.
86.12 	(b) The results of the audit are public. The commissioner of administration shall review 
86.13 	the results of the audit. If the commissioner determines that there is a pattern of substantial 
86.14 	noncompliance with this section by the law enforcement agency, the agency must 
86.15 	immediately suspend operation of all automated license plate reader devices until the 
86.16 	commissioner has authorized the agency to reinstate their use. An order of suspension under 
86.17 	this paragraph may be issued by the commissioner, upon review of the results of the audit, 
86.18 	review of the applicable provisions of this chapter, and after providing the agency a 
86.19 	reasonable opportunity to respond to the audit's findings.
86.20 	(c) A report summarizing the results of each audit must be provided to the commissioner 
86.21 	of administration, to the chair chairs and ranking minority members of the committees of 
86.22 	the house of representatives and the senate with jurisdiction over data practices and public 
86.23 	safety issues, and to the Legislative Commission on Data Practices and Personal Data Privacy 
86.24 	no later than 30 days following completion of the audit.

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

86.26 	Sec. 11. Minnesota Statutes 2020, section 13.825, subdivision 9, is amended to read:
86.27 		Subd. 9.Biennial audit. (a) A law enforcement agency must maintain records showing 
86.28 	the date and time portable recording system data were collected and the applicable 
86.29 	classification of the data. The law enforcement agency shall arrange for an independent, 
86.30 	biennial audit of the data to determine whether data are appropriately classified according 
86.31 	to this section, how the data are used, and whether the data are destroyed as required under 
86.32 	this section, and to verify compliance with subdivisions 7 and 8. If the governing body with 
86.33 	jurisdiction over the budget of the agency determines that the agency is not complying with 
86.34 	this section or other applicable law, the governing body may order additional independent 
87.1 	audits. Data in the records required under this paragraph are classified as provided in 
87.2 	subdivision 2.
87.3 	(b) The results of the audit are public, except for data that are otherwise classified under 
87.4 	law. The governing body with jurisdiction over the budget of the law enforcement agency 
87.5 	shall review the results of the audit. If the governing body determines that there is a pattern 
87.6 	of substantial noncompliance with this section, the governing body must order that operation 
87.7 	of all portable recording systems be suspended until the governing body has authorized the 
87.8 	agency to reinstate their use. An order of suspension under this paragraph may only be made 
87.9 	following review of the results of the audit and review of the applicable provisions of this 
87.10 	chapter, and after providing the agency and members of the public a reasonable opportunity 
87.11 	to respond to the audit's findings in a public meeting.
87.12 	(c) A report summarizing the results of each audit must be provided to the governing 
87.13 	body with jurisdiction over the budget of the law enforcement agency and, to the Legislative 
87.14 	Commission on Data Practices and Personal Data Privacy, and to the chairs and ranking 
87.15 	minority members of the committees of the house of representatives and the senate with 
87.16 	jurisdiction over data practices and public safety issues no later than 60 days following 
87.17 	completion of the audit.

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

87.19 	Sec. 12. Minnesota Statutes 2020, section 13.856, subdivision 3, is amended to read:
87.20 		Subd. 3.Public data. The following closed case data maintained by the ombudsperson 
87.21 	are classified as public data pursuant to section 13.02, subdivision 15:
87.22 	(1) client name;
87.23 	(2) client location; and
87.24 	(3) the inmate identification number assigned by the Department of Corrections.

87.25 	Sec. 13. [84.0873] DATA ON INDIVIDUALS WHO ARE MINORS.
87.26 	(a) When the Department of Natural Resources collects, creates, receives, maintains, or 
87.27 	disseminates the following data on individuals who the department knows are minors, the 
87.28 	data are considered private data on individuals, as defined in section 13.02, subdivision 12, 
87.29 	except for data classified as public data according to section 13.43:
87.30 	(1) name;
87.31 	(2) date of birth;
88.1 	(3) Social Security number;
88.2 	(4) telephone number;
88.3 	(5) e-mail address;
88.4 	(6) physical or mailing address;
88.5 	(7) location data;
88.6 	(8) online account access information;
88.7 	(9) data associated with the location of electronic devices; and
88.8 	(10) other data that would identify participants who have registered for events, programs, 
88.9 	or classes sponsored by the Department of Natural Resources.
88.10 	(b) Data about minors classified under this section maintain their classification as private 
88.11 	data on individuals after the individual is no longer a minor.

88.12 	Sec. 14. Minnesota Statutes 2020, section 144.225, subdivision 7, is amended to read:
88.13 		Subd. 7.Certified birth or death record. (a) The state registrar or local issuance office 
88.14 	shall issue a certified birth or death record or a statement of no vital record found to an 
88.15 	individual upon the individual's proper completion of an attestation provided by the 
88.16 	commissioner and payment of the required fee:
88.17 	(1) to a person who has a tangible interest in the requested vital record. A person who 
88.18 	has a tangible interest is:
88.19 	(i) the subject of the vital record;
88.20 	(ii) a child of the subject;
88.21 	(iii) the spouse of the subject;
88.22 	(iv) a parent of the subject;
88.23 	(v) the grandparent or grandchild of the subject;
88.24 	(vi) if the requested record is a death record, a sibling of the subject;
88.25 	(vii) the party responsible for filing the vital record;
88.26 	(viii) (vii) the legal custodian, guardian or conservator, or health care agent of the subject;
88.27 	(ix) (viii) a personal representative, by sworn affidavit of the fact that the certified copy 
88.28 	is required for administration of the estate;
89.1 	(x) (ix) a successor of the subject, as defined in section 524.1-201, if the subject is 
89.2 	deceased, by sworn affidavit of the fact that the certified copy is required for administration 
89.3 	of the estate;
89.4 	(xi) (x) if the requested record is a death record, a trustee of a trust by sworn affidavit 
89.5 	of the fact that the certified copy is needed for the proper administration of the trust;
89.6 	(xii) (xi) a person or entity who demonstrates that a certified vital record is necessary 
89.7 	for the determination or protection of a personal or property right, pursuant to rules adopted 
89.8 	by the commissioner; or
89.9 	(xiii) (xii) an adoption agency in order to complete confidential postadoption searches 
89.10 	as required by section 259.83;
89.11 	(2) to any local, state, tribal, or federal governmental agency upon request if the certified 
89.12 	vital record is necessary for the governmental agency to perform its authorized duties;
89.13 	(3) to an attorney representing the subject of the vital record or another person listed in 
89.14 	clause (1), upon evidence of the attorney's license;
89.15 	(4) pursuant to a court order issued by a court of competent jurisdiction. For purposes 
89.16 	of this section, a subpoena does not constitute a court order; or
89.17 	(5) to a representative authorized by a person under clauses (1) to (4).
89.18 	(b) The state registrar or local issuance office shall also issue a certified death record to 
89.19 	an individual described in paragraph (a), clause (1), items (ii) to (viii) (xi), if, on behalf of 
89.20 	the individual, a licensed mortician furnishes the registrar with a properly completed 
89.21 	attestation in the form provided by the commissioner within 180 days of the time of death 
89.22 	of the subject of the death record. This paragraph is not subject to the requirements specified 
89.23 	in Minnesota Rules, part 4601.2600, subpart 5, item B.

89.24 	Sec. 15. INITIAL APPOINTMENTS AND MEETINGS.
 89.25 	Appointing authorities for the Legislative Commission on Data Practices under Minnesota 
89.26 	Statutes, section 3.8844, must make initial appointments by June 1, 2021. The speaker of 
89.27 	the house of representatives must designate one member of the commission to convene the 
89.28 	first meeting of the commission by June 15, 2021.

90.1 	ARTICLE 9
90.2 	FORFEITURE

90.3 	Section 1. Minnesota Statutes 2020, section 169A.63, subdivision 1, is amended to read:
90.4 		Subdivision 1.Definitions. (a) As used in this section, the following terms have the 
90.5 	meanings given them.
90.6 	(b) "Appropriate agency" means a law enforcement agency that has the authority to 
90.7 	make an arrest for a violation of a designated offense or to require a test under section 
90.8 	169A.51 (chemical tests for intoxication).
90.9 	(c) "Asserting person" means a person, other than the driver alleged to have committed 
90.10 	a designated offense, claiming an ownership interest in a vehicle that has been seized or 
90.11 	restrained under this section.
90.12 	(c) (d) "Claimant" means an owner of a motor vehicle or a person claiming a leasehold 
90.13 	or security interest in a motor vehicle.
90.14 	(d) (e) "Designated license revocation" includes a license revocation under section 
90.15 	169A.52 (license revocation for test failure or refusal) or 171.177 (revocation; search warrant) 
90.16 	or a license disqualification under section 171.165 (commercial driver's license 
90.17 	disqualification) resulting from a violation of section 169A.52 or 171.177; within ten years 
90.18 	of the first of two or more qualified prior impaired driving incidents.
90.19 	(e) (f) "Designated offense" includes:
90.20 	(1) a violation of section 169A.20 (driving while impaired) under the circumstances 
90.21 	described in section 169A.24 (first-degree driving while impaired), or 169A.25
90.22 	(second-degree driving while impaired); or
90.23 	(2) a violation of section 169A.20 or an ordinance in conformity with it: within ten years 
90.24 	of the first of two qualified prior impaired driving incidents.
90.25 	(i) by a person whose driver's license or driving privileges have been canceled as inimical 
90.26 	to public safety under section 171.04, subdivision 1, clause (10), and not reinstated; or
90.27 	(ii) by a person who is subject to a restriction on the person's driver's license under 
90.28 	section 171.09 (commissioner's license restrictions), which provides that the person may 
90.29 	not use or consume any amount of alcohol or a controlled substance.
90.30 	(f) (g) "Family or household member" means:
90.31 	(1) a parent, stepparent, or guardian;
91.1 	(2) any of the following persons related by blood, marriage, or adoption: brother, sister, 
91.2 	stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, 
91.3 	great-grandparent, great-uncle, great-aunt; or
91.4 	(3) persons residing together or persons who regularly associate and communicate with 
91.5 	one another outside of a workplace setting.
91.6 	(g) (h) "Motor vehicle" and "vehicle" do not include a vehicle which is stolen or taken 
91.7 	in violation of the law.
91.8 	(h) (i) "Owner" means a person legally entitled to possession, use, and control of a motor 
91.9 	vehicle, including a lessee of a motor vehicle if the lease agreement has a term of 180 days 
91.10 	or more. There is a rebuttable presumption that a person registered as the owner of a motor 
91.11 	vehicle according to the records of the Department of Public Safety is the legal owner. For 
91.12 	purposes of this section, if a motor vehicle is owned jointly by two or more people, each 
91.13 	owner's interest extends to the whole of the vehicle and is not subject to apportionment.
91.14 	(i) (j) "Prosecuting authority" means the attorney in the jurisdiction in which the 
91.15 	designated offense occurred who is responsible for prosecuting violations of a designated 
91.16 	offense or a designee. If a state agency initiated the forfeiture, and the attorney responsible 
91.17 	for prosecuting the designated offense declines to pursue forfeiture, the Attorney General's 
91.18 	Office or its designee may initiate forfeiture under this section.
91.19 	(j) (k) "Security interest" means a bona fide security interest perfected according to 
91.20 	section 168A.17, subdivision 2, based on a loan or other financing that, if a vehicle is 
91.21 	required to be registered under chapter 168, is listed on the vehicle's title.

91.22 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to seizures 
91.23 	that take place on or after that date.

91.24 	Sec. 2. Minnesota Statutes 2020, section 169A.63, subdivision 7, is amended to read:
91.25 		Subd. 7.Limitations on vehicle forfeiture. (a) A vehicle is presumed subject to forfeiture 
91.26 	under this section if:
91.27 	(1) the driver is convicted of the designated offense upon which the forfeiture is based;
91.28 	or
91.29 	(2) the driver fails to appear for a scheduled court appearance with respect to the 
91.30 	designated offense charged and fails to voluntarily surrender within 48 hours after the time 
91.31 	required for appearance; or
92.1 	(3) (2) the driver's conduct results in a designated license revocation and the driver fails 
92.2 	to seek judicial review of the revocation in a timely manner as required by section 169A.53, 
92.3 	subdivision 2, (petition for judicial review), or the license revocation is judicially reviewed 
92.4 	and sustained under section 169A.53, subdivision 2.
92.5 	(b) A vehicle encumbered by a security interest perfected according to section 168A.17, 
92.6 	subdivision 2, or subject to a lease that has a term of 180 days or more, is subject to the 
92.7 	interest of the secured party or lessor unless the party or lessor had knowledge of or consented 
92.8 	to the act upon which the forfeiture is based. However, when the proceeds of the sale of a 
92.9 	seized vehicle do not equal or exceed the outstanding loan balance, the appropriate agency 
92.10 	shall remit all proceeds of the sale to the secured party after deducting the agency's costs 
92.11 	for the seizure, tow, storage, forfeiture, and sale of the vehicle. If the sale of the vehicle is 
92.12 	conducted in a commercially reasonable manner consistent with the provisions of section 
92.13 	336.9-610, the agency is not liable to the secured party for any amount owed on the loan in 
92.14 	excess of the sale proceeds. The validity and amount of a nonperfected security interest 
92.15 	must be established by its holder by clear and convincing evidence.
92.16 	(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in a vehicle is 
92.17 	not subject to forfeiture based solely on the secured party's or lessor's knowledge of the act 
92.18 	or omission upon which the forfeiture is based if the secured party or lessor demonstrates 
92.19 	by clear and convincing evidence that the party or lessor took reasonable steps to terminate 
92.20 	use of the vehicle by the offender.
92.21 	(d) A motor vehicle is not subject to forfeiture under this section if any of its owners 
92.22 	who petition the court can demonstrate by clear and convincing evidence that the petitioning 
92.23 	owner did not have actual or constructive knowledge that the vehicle would be used or 
92.24 	operated in any manner contrary to law or that the petitioning owner took reasonable steps 
92.25 	to prevent use of the vehicle by the offender. If the offender is a family or household member 
92.26 	of any of the owners who petition the court and has three or more prior impaired driving 
92.27 	convictions, the petitioning owner is presumed to know of any vehicle use by the offender 
92.28 	that is contrary to law. "Vehicle use contrary to law" includes, but is not limited to, violations 
92.29 	of the following statutes:
92.30 	(1) section 171.24 (violations; driving without valid license);
92.31 	(2) section 169.791 (criminal penalty for failure to produce proof of insurance);
92.32 	(3) section 171.09 (driving restrictions; authority, violations);
92.33 	(4) section 169A.20 (driving while impaired);
93.1 	(5) section 169A.33 (underage drinking and driving); and
93.2 	(6) section 169A.35 (open bottle law).

93.3 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to seizures 
93.4 	that take place on or after that date.

93.5 	Sec. 3. Minnesota Statutes 2020, section 169A.63, is amended by adding a subdivision to 
93.6 	read:
93.7 		Subd. 7a.Innocent owner. (a) An asserting person may bring an innocent owner claim 
93.8 	by notifying the prosecuting authority in writing and within 60 days of the service of the 
93.9 	notice of seizure.
93.10 	(b) Upon receipt of notice pursuant to paragraph (a), the prosecuting authority may 
93.11 	release the vehicle to the asserting person. If the prosecuting authority proceeds with the 
93.12 	forfeiture, the prosecuting authority must, within 30 days, file a separate complaint in the 
93.13 	name of the jurisdiction pursuing the forfeiture against the vehicle, describing the vehicle, 
93.14 	specifying that the vehicle was used in the commission of a designated offense or was used 
93.15 	in conduct resulting in a designated license revocation, and specifying the time and place 
93.16 	of the vehicle's unlawful use. The complaint may be filed in district court or conciliation 
93.17 	court and the filing fee is waived.
93.18 	(c) A complaint filed by the prosecuting authority must be served on the asserting person 
93.19 	and on any other registered owners. Service may be made by certified mail at the address 
93.20 	listed in the Department of Public Safety's computerized motor vehicle registration records 
93.21 	or by any means permitted by court rules.
93.22 	(d) The hearing on the complaint shall, to the extent practicable, be held within 30 days 
93.23 	of the filing of the petition. The court may consolidate the hearing on the complaint with a 
93.24 	hearing on any other complaint involving a claim of an ownership interest in the same 
93.25 	vehicle.
93.26 	(e) At a hearing held pursuant to this subdivision, the prosecuting authority must:
93.27 	(1) prove by a preponderance of the evidence that the seizure was incident to a lawful 
93.28 	arrest or a lawful search; and
93.29 	(2) certify that the prosecuting authority has filed, or intends to file, charges against the 
93.30 	driver for a designated offense or that the driver has a designated license revocation.
93.31 	(f) At a hearing held pursuant to this subdivision, the asserting person must prove by a 
93.32 	preponderance of the evidence that the asserting person:
94.1 	(1) has an actual ownership interest in the vehicle; and
94.2 	(2) did not have actual or constructive knowledge that the vehicle would be used or 
94.3 	operated in any manner contrary to law or that the asserting person took reasonable steps 
94.4 	to prevent use of the vehicle by the alleged offender.
94.5 	(g) If the court determines that the state met both burdens under paragraph (e) and the 
94.6 	asserting person failed to meet any burden under paragraph (f), the court shall order that 
94.7 	the vehicle remains subject to forfeiture under this section.
94.8 	(h) The court shall order that the vehicle is not subject to forfeiture under this section 
94.9 	and shall order the vehicle returned to the asserting person if it determines that:
94.10 	(1) the state failed to meet any burden under paragraph (e);
94.11 	(2) the asserting person proved both elements under paragraph (f); or
94.12 	(3) clauses (1) and (2) apply.
94.13 	(i) If the court determines that the asserting person is an innocent owner and orders the 
94.14 	vehicle returned to the innocent owner, an entity in possession of the vehicle is not required 
94.15 	to release it until the innocent owner pays:
94.16 	(1) the reasonable costs of the towing, seizure, and storage of the vehicle incurred before 
94.17 	the innocent owner provided the notice required under paragraph (a); and
94.18 	(2) any reasonable costs of storage of the vehicle incurred more than two weeks after 
94.19 	an order issued under paragraph (h).

94.20 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to seizures 
94.21 	that take place on or after that date.

94.22 	Sec. 4. Minnesota Statutes 2020, section 169A.63, subdivision 8, is amended to read:
94.23 		Subd. 8.Administrative forfeiture procedure. (a) A motor vehicle used to commit a 
94.24 	designated offense or used in conduct resulting in a designated license revocation is subject 
94.25 	to administrative forfeiture under this subdivision.
94.26 	(b) Within 60 days from when a motor vehicle is seized under subdivision 2, or within 
94.27 	a reasonable time after seizure, the appropriate agency shall serve the driver or operator of 
94.28 	the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, when 
94.29 	a motor vehicle is seized under subdivision 2, or within a reasonable time after that, all 
94.30 	persons known to have an ownership, possessory, or security interest in the vehicle must 
94.31 	be notified of the seizure and the intent to forfeit the vehicle. For those vehicles required to 
95.1 	be registered under chapter 168, the notification to a person known to have a security interest 
95.2 	in the vehicle is required only if the vehicle is registered under chapter 168 and the interest 
95.3 	is listed on the vehicle's title. Upon motion by the appropriate agency or prosecuting 
95.4 	authority, a court may extend the time period for sending notice for a period not to exceed 
95.5 	90 days for good cause shown. Notice mailed by certified mail to the address shown in 
95.6 	Department of Public Safety records is sufficient notice to the registered owner of the 
95.7 	vehicle. For motor vehicles not required to be registered under chapter 168, notice mailed 
95.8 	by certified mail to the address shown in the applicable filing or registration for the vehicle 
95.9 	is sufficient notice to a person known to have an ownership, possessory, or security interest 
95.10 	in the vehicle. Otherwise, notice may be given in the manner provided by law for service 
95.11 	of a summons in a civil action.
95.12 	(c) The notice must be in writing and contain:
95.13 	(1) a description of the vehicle seized;
95.14 	(2) the date of seizure; and
95.15 	(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for 
95.16 	obtaining that judicial review, printed in English. This requirement does not preclude the 
95.17 	appropriate agency from printing the notice in other languages in addition to English.
95.18 	Substantially the following language must appear conspicuously in the notice:
95.19 	"WARNING: If you were the person arrested when the property was seized, you will 
95.20 	automatically lose the above-described property and the right to be heard in court if you do 
95.21 	not file a lawsuit and serve the prosecuting authority within 60 days. You may file your 
95.22 	lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must 
95.23 	file in district court. You may do not have to pay a filing fee for your lawsuit if you are 
95.24 	unable to afford the fee. You do not have to pay a conciliation court fee if your property is 
95.25 	worth less than $500.
95.26 	WARNING: If you have an ownership interest in the above-described property and were 
95.27 	not the person arrested when the property was seized, you will automatically lose the 
95.28 	above-described property and the right to be heard in court if you do not notify the 
95.29 	prosecuting authority of your interest in writing within 60 days."
95.30 	(d) If notice is not sent in accordance with paragraph (b), and no time extension is granted 
95.31 	or the extension period has expired, the appropriate agency shall return the property vehicle
95.32 	to the person from whom the property was seized, if known owner. An agency's return of 
95.33 	property due to lack of proper notice does not restrict the agency's authority to commence 
96.1 	a forfeiture proceeding at a later time. The agency shall not be required to return contraband 
96.2 	or other property that the person from whom the property was seized may not legally possess.
96.3 	(e) Within 60 days following service of a notice of seizure and forfeiture under this 
96.4 	subdivision, a claimant may file a demand for a judicial determination of the forfeiture. The 
96.5 	demand must be in the form of a civil complaint and must be filed with the court 
96.6 	administrator in the county in which the seizure occurred, together with proof of service of 
96.7 	a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture, 
96.8 	including the standard filing fee for civil actions unless the petitioner has the right to sue 
96.9 	in forma pauperis under section 563.01. The claimant may serve the complaint by certified 
96.10 	mail or any means permitted by court rules. If the value of the seized property is $15,000 
96.11 	or less, the claimant may file an action in conciliation court for recovery of the seized vehicle. 
96.12 	A copy of the conciliation court statement of claim must be served personally or by mail 
96.13 	on the prosecuting authority having jurisdiction over the forfeiture, as well as on the 
96.14 	appropriate agency that initiated the forfeiture, within 60 days following service of the 
96.15 	notice of seizure and forfeiture under this subdivision. If the value of the seized property is 
96.16 	less than $500, The claimant does not have to pay the conciliation court filing fee.
96.17 	No responsive pleading is required of the prosecuting authority and no court fees may 
96.18 	be charged for the prosecuting authority's appearance in the matter. The prosecuting authority 
96.19 	may appear for the appropriate agency. Pleadings, filings, and methods of service are 
96.20 	governed by the Rules of Civil Procedure.
96.21 	(f) The complaint must be captioned in the name of the claimant as plaintiff and the 
96.22 	seized vehicle as defendant, and must state with specificity the grounds on which the claimant 
96.23 	alleges the vehicle was improperly seized, the claimant's interest in the vehicle seized, and 
96.24 	any affirmative defenses the claimant may have. Notwithstanding any law to the contrary, 
96.25 	an action for the return of a vehicle seized under this section may not be maintained by or 
96.26 	on behalf of any person who has been served with a notice of seizure and forfeiture unless 
96.27 	the person has complied with this subdivision.
96.28 	(g) If the claimant makes a timely demand for a judicial determination under this 
96.29 	subdivision, the forfeiture proceedings must be conducted as provided under subdivision 
96.30 	9.

96.31 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to seizures 
96.32 	that take place on or after that date.

97.1 	Sec. 5. Minnesota Statutes 2020, section 169A.63, subdivision 9, is amended to read:
97.2 		Subd. 9.Judicial forfeiture procedure. (a) This subdivision governs judicial 
97.3 	determinations of the forfeiture of a motor vehicle used to commit a designated offense or 
97.4 	used in conduct resulting in a designated license revocation. An action for forfeiture is a 
97.5 	civil in rem action and is independent of any criminal prosecution. All proceedings are 
97.6 	governed by the Rules of Civil Procedure.
97.7 	(b) If no demand for judicial determination of the forfeiture is pending, the prosecuting 
97.8 	authority may, in the name of the jurisdiction pursuing the forfeiture, file a separate complaint 
97.9 	against the vehicle, describing it, specifying that it was used in the commission of a 
97.10 	designated offense or was used in conduct resulting in a designated license revocation, and 
97.11 	specifying the time and place of its unlawful use.
97.12 	(c) The prosecuting authority may file an answer to a properly served demand for judicial 
97.13 	determination, including an affirmative counterclaim for forfeiture. The prosecuting authority 
97.14 	is not required to file an answer.
97.15 	(d) A judicial determination under this subdivision must be held at the earliest practicable 
97.16 	date, and in any event no later than 180 days following the filing of the demand by the 
97.17 	claimant. If a related criminal proceeding is pending, the hearing shall not be held until the 
97.18 	conclusion of the criminal proceedings. The district court administrator shall schedule the 
97.19 	hearing as soon as practicable after the conclusion of the criminal prosecution. The district 
97.20 	court administrator shall establish procedures to ensure efficient compliance with this 
97.21 	subdivision. The hearing is to the court without a jury.
97.22 	(e) There is a presumption that a vehicle seized under this section is subject to forfeiture 
97.23 	if the prosecuting authority establishes that the vehicle was used in the commission of a 
97.24 	designated offense or designated license revocation. A claimant bears the burden of proving 
97.25 	any affirmative defense raised.
97.26 	(f) If the forfeiture is based on the commission of a designated offense and the person 
97.27 	charged with the designated offense appears in court as required and is not convicted of the 
97.28 	offense, the court shall order the property returned to the person legally entitled to it upon 
97.29 	that person's compliance with the redemption requirements of section 169A.42. If the 
97.30 	forfeiture is based on a designated license revocation, and the license revocation is rescinded 
97.31 	under section 169A.53, subdivision 3 (judicial review hearing, issues, order, appeal), the 
97.32 	court shall order the property returned to the person legally entitled to it upon that person's 
97.33 	compliance with the redemption requirements of section 169A.42.
98.1 	(g) If the lawful ownership of the vehicle used in the commission of a designated offense 
98.2 	or used in conduct resulting in a designated license revocation can be determined and the 
98.3 	owner makes the demonstration required under subdivision 7, paragraph (d) 7a, the vehicle 
98.4 	must be returned immediately upon the owner's compliance with the redemption requirements 
98.5 	of section 169A.42.
98.6 	(h) If the court orders the return of a seized vehicle under this subdivision it must order 
98.7 	that filing fees be reimbursed to the person who filed the demand for judicial determination. 
98.8 	In addition, the court may order sanctions under section 549.211 (sanctions in civil actions). 
98.9 	Any reimbursement fees or sanctions must be paid from other forfeiture proceeds of the 
98.10 	law enforcement agency and prosecuting authority involved and in the same proportion as 
98.11 	distributed under subdivision 10, paragraph (b).

98.12 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to seizures 
98.13 	that take place on or after that date.

98.14 	Sec. 6. Minnesota Statutes 2020, section 169A.63, subdivision 10, is amended to read:
98.15 		Subd. 10.Disposition of forfeited vehicle. (a) If the vehicle is administratively forfeited 
98.16 	under subdivision 8, or if the court finds under subdivision 9 that the vehicle is subject to 
98.17 	forfeiture under subdivisions 6 and 7, the appropriate agency shall:
98.18 	(1) sell the vehicle and distribute the proceeds under paragraph (b); or
98.19 	(2) keep the vehicle for official use. If the agency keeps a forfeited motor vehicle for 
98.20 	official use, it shall make reasonable efforts to ensure that the motor vehicle is available for 
98.21 	use by the agency's officers who participate in the drug abuse resistance education program.
98.22 	(b) The proceeds from the sale of forfeited vehicles, after payment of seizure, towing, 
98.23 	storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, 
98.24 	must be distributed as follows:
98.25 	(1) 70 percent of the proceeds must be forwarded to the appropriate agency for deposit 
98.26 	as a supplement to the state or local agency's operating fund or similar fund for use in 
98.27 	DWI-related enforcement, training, and education, crime prevention, equipment, or capital 
98.28 	expenses; and
98.29 	(2) 30 percent of the money or proceeds must be forwarded to the prosecuting authority 
98.30 	that handled the forfeiture for deposit as a supplement to its operating fund or similar fund 
98.31 	for prosecutorial purposes, training, education, crime prevention, equipment, or capital 
98.32 	expenses. For purposes of this subdivision, the prosecuting authority shall not include 
98.33 	privately contracted prosecutors of a local political subdivision and, in those events, the 
99.1 	forfeiture proceeds shall be forwarded to the political subdivision where the forfeiture was 
99.2 	handled for the purposes identified in clause (1).
99.3 	(c) If a vehicle is sold under paragraph (a), the appropriate agency shall not sell the 
99.4 	vehicle to: (1) an officer or employee of the agency that seized the property or to a person 
99.5 	related to the officer or employee by blood or marriage; or (2) the prosecuting authority or 
99.6 	any individual working in the same office or a person related to the authority or individual 
99.7 	by blood or marriage.
99.8 	(d) Sales of forfeited vehicles under this section must be conducted in a commercially 
99.9 	reasonable manner.
99.10 	(e) If a vehicle is forfeited administratively under this section and no demand for judicial 
99.11 	determination is made, the appropriate agency shall provide the prosecuting authority with 
99.12 	a copy of the forfeiture or evidence receipt, the notice of seizure and intent to forfeit, a 
99.13 	statement of probable cause for forfeiture of the property, and a description of the property 
99.14 	and its estimated value. Upon review and certification by the prosecuting authority that (1) 
99.15 	the appropriate agency provided a receipt in accordance with subdivision 2, paragraph (c), 
99.16 	(2) the appropriate agency served notice in accordance with subdivision 8, and (3) probable 
99.17 	cause for forfeiture exists based on the officer's statement, the appropriate agency may 
99.18 	dispose of the property in any of the ways listed in this subdivision.

99.19 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to seizures 
99.20 	that take place on or after that date.

99.21 	Sec. 7. Minnesota Statutes 2020, section 169A.63, subdivision 13, is amended to read:
99.22 		Subd. 13.Exception. (a) A forfeiture proceeding is stayed and the vehicle must be 
99.23 	returned if the driver who committed a designated offense or whose conduct resulted in a 
99.24 	designated license revocation becomes a program participant in the ignition interlock program 
99.25 	under section 171.306 at any time before the motor vehicle is forfeited, the forfeiture 
99.26 	proceeding is stayed and the vehicle must be returned and any of the following apply:
99.27 	(1) the driver committed a designated offense other than a violation of section 169A.20 
99.28 	under the circumstances described in section 169A.24; or
99.29 	(2) the driver is accepted into a treatment court dedicated to changing the behavior of 
99.30 	alcohol- and other drug-dependent offenders arrested for driving while impaired.
99.31 	(b) Notwithstanding paragraph (a), the vehicle whose forfeiture was stayed in paragraph 
99.32 	(a) may be seized and the forfeiture action may proceed under this section if the program 
99.33 	participant described in paragraph (a):
100.1 	(1) subsequently operates a motor vehicle:
100.2 	(i) to commit a violation of section 169A.20 (driving while impaired);
100.3 	(ii) in a manner that results in a license revocation under section 169A.52 (license 
100.4 	revocation for test failure or refusal) or 171.177 (revocation; search warrant) or a license 
100.5 	disqualification under section 171.165 (commercial driver's license disqualification) resulting 
100.6 	from a violation of section 169A.52 or 171.177;
100.7 	(iii) after tampering with, circumventing, or bypassing an ignition interlock device; or
100.8 	(iv) without an ignition interlock device at any time when the driver's license requires 
100.9 	such device; or
100.10 	(2) either voluntarily or involuntarily ceases to participate in the program for more than 
100.11 	30 days, or fails to successfully complete it as required by the Department of Public Safety 
100.12 	due to:
100.13 	(i) two or more occasions of the participant's driving privileges being withdrawn for 
100.14 	violating the terms of the program, unless the withdrawal is determined to be caused by an 
100.15 	error of the department or the interlock provider; or
100.16 	(ii) violating the terms of the contract with the provider as determined by the provider.; 
100.17 	or
100.18 	(3) if forfeiture was stayed after the driver entered a treatment court, the driver ceases 
100.19 	to be a participant in the treatment court for any reason.
100.20 	(c) Paragraph (b) applies only if the described conduct occurs before the participant has 
100.21 	been restored to full driving privileges or within three years of the original designated offense 
100.22 	or designated license revocation, whichever occurs latest.
100.23 	(d) The requirement in subdivision 2, paragraph (b), that device manufacturers provide 
100.24 	a discounted rate to indigent program participants applies also to device installation under 
100.25 	this subdivision.
100.26 	(e) An impound or law enforcement storage lot operator must allow an ignition interlock 
100.27 	manufacturer sufficient access to the lot to install an ignition interlock device under this 
100.28 	subdivision.
100.29 	(f) Notwithstanding paragraph (a), an entity in possession of the vehicle is not required 
100.30 	to release it until the reasonable costs of the towing, seizure, and storage of the vehicle have 
100.31 	been paid by the vehicle owner.
101.1 	(g) At any time prior to the vehicle being forfeited, the appropriate agency may require 
101.2 	that the owner or driver of the vehicle give security or post bond payable to the appropriate 
101.3 	agency in an amount equal to the retail valuesurrender the title of the seized vehicle. If this 
101.4 	occurs, any future forfeiture action against the vehicle must instead proceed against the 
101.5 	security as if it were the vehicle.
101.6 	(h) The appropriate agency may require an owner or driver to give security or post bond 
101.7 	payable to the agency in an amount equal to the retail value of the vehicle, prior to releasing 
101.8 	the vehicle from the impound lot to install an ignition interlock device.
101.9 	(i) (h) If an event described in paragraph (b) occurs in a jurisdiction other than the one 
101.10 	in which the original forfeitable event occurred, and the vehicle is subsequently forfeited, 
101.11 	the proceeds shall be divided equally, after payment of seizure, towing, storage, forfeiture, 
101.12 	and sale expenses and satisfaction of valid liens against the vehicle, among the appropriate 
101.13 	agencies and prosecuting authorities in each jurisdiction.
101.14 	(j) (i) Upon successful completion of the program, the stayed forfeiture proceeding is 
101.15 	terminated or dismissed and any vehicle, security, or bond held by an agency must be 
101.16 	returned to the owner of the vehicle.
101.17 	(k) (j) A claimant of a vehicle for which a forfeiture action was stayed under paragraph 
101.18 	(a) but which later proceeds under paragraph (b), may file a demand for judicial forfeiture 
101.19 	as provided in subdivision 8, in which case the forfeiture proceedings must be conducted 
101.20 	as provided in subdivision 9.

101.21 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to seizures 
101.22 	that take place on or after that date.

101.23 	Sec. 8. Minnesota Statutes 2020, section 169A.63, is amended by adding a subdivision to 
101.24 	read:
101.25 		Subd. 14.Subsequent unlawful use of seized vehicle; immunity. An appropriate 
101.26 	agency or prosecuting authority, including but not limited to any peace officer as defined 
101.27 	in section 626.84, subdivision 1, paragraph (c); prosecutor; or employee of an appropriate 
101.28 	agency or prosecuting authority who, in good faith and within the course and scope of the 
101.29 	official duties of the person or entity, returns a vehicle seized under this chapter to the owner 
101.30 	pursuant to this section shall be immune from criminal or civil liability regarding any event 
101.31 	arising out of the subsequent unlawful or unauthorized use of the motor vehicle.

101.32 	EFFECTIVE DATE. This section is effective January 1, 2022.

102.1 	Sec. 9. Minnesota Statutes 2020, section 609.531, subdivision 1, is amended to read:
102.2 		Subdivision 1.Definitions. For the purpose of sections 609.531 to 609.5318, the 
102.3 	following terms have the meanings given them.
102.4 	(a) "Conveyance device" means a device used for transportation and includes, but is not 
102.5 	limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment 
102.6 	attached to it. The term "conveyance device" does not include property which is, in fact, 
102.7 	itself stolen or taken in violation of the law.
102.8 	(b) "Weapon used" means a dangerous weapon as defined under section 609.02, 
102.9 	subdivision 6, that the actor used or had in possession in furtherance of a crime.
102.10 	(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).
102.11 	(d) "Contraband" means property which is illegal to possess under Minnesota law.
102.12 	(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the Department 
102.13 	of Commerce Fraud Bureau, the Minnesota Division of Driver and Vehicle Services, the 
102.14 	Minnesota State Patrol, a county sheriff's department, the Three Rivers Park District park
102.15 	rangers Department of Public Safety, the Department of Natural Resources Division of 
102.16 	Enforcement, the University of Minnesota Police Department, the Department of Corrections 
102.17 	Fugitive Apprehension Unit, a city, metropolitan transit, or airport police department; or a 
102.18 	multijurisdictional entity established under section 299A.642 or 299A.681.
102.19 	(f) "Designated offense" includes:
102.20 	(1) for weapons used: any violation of this chapter, chapter 152 or 624;
102.21 	(2) for driver's license or identification card transactions: any violation of section 171.22; 
102.22 	and
102.23 	(3) for all other purposes: a felony violation of, or a felony-level attempt or conspiracy 
102.24 	to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.2112; 609.2113; 
102.25 	609.2114; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245; 609.25; 
102.26 	609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 609.343, 
102.27 	subdivision 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 
102.28 	609.345, subdivision 1, clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425; 609.466; 
102.29 	609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561; 
102.30 	609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e; 
102.31 	609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 
102.32 	609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section 
103.1 	609.891 or 624.7181; or any violation of section 609.324; or a felony violation of, or a 
103.2 	felony-level attempt or conspiracy to violate, Minnesota Statutes 2012, section 609.21.
103.3 	(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
103.4 	(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an 
103.5 	offense that is the basis for a forfeiture under sections 609.531 to 609.5318.
103.6 	(i) "Asserting person" means a person, other than the driver alleged to have used a vehicle 
103.7 	in the transportation or exchange of a controlled substance intended for distribution or sale, 
103.8 	claiming an ownership interest in a vehicle that has been seized or restrained under this 
103.9 	section.

103.10 	EFFECTIVE DATE. This section is effective January 1, 2022.

103.11 	Sec. 10. Minnesota Statutes 2020, section 609.531, is amended by adding a subdivision 
103.12 	to read:
103.13 		Subd. 9.Transfer of forfeitable property to federal government. The appropriate 
103.14 	agency shall not directly or indirectly transfer property subject to forfeiture under sections 
103.15 	609.531 to 609.5318 to a federal agency if the transfer would circumvent state law.

103.16 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to seizures 
103.17 	that take place on or after that date.

103.18 	Sec. 11. Minnesota Statutes 2020, section 609.5311, subdivision 2, is amended to read:
103.19 		Subd. 2.Associated property. (a) All personal property, and real and personal property,
103.20 	other than homestead property exempt from seizure under section 510.01, that has been 
103.21 	used, or is intended for use, or has in any way facilitated, in whole or in part, the 
103.22 	manufacturing, compounding, processing, delivering, importing, cultivating, exporting, 
103.23 	transporting, or exchanging of contraband or a controlled substance that has not been lawfully 
103.24 	manufactured, distributed, dispensed, and acquired is an instrument or represents the proceeds 
103.25 	of a controlled substance offense is subject to forfeiture under this section, except as provided 
103.26 	in subdivision 3.
103.27 	(b) The Department of Corrections Fugitive Apprehension Unit shall not seize real 
103.28 	property for the purposes of forfeiture under paragraph (a).
103.29 	(c) Money is the property of an appropriate agency and may be seized and recovered by 
103.30 	the appropriate agency if:
104.1 	(1) the money is used by an appropriate agency, or furnished to a person operating on 
104.2 	behalf of an appropriate agency, to purchase or attempt to purchase a controlled substance; 
104.3 	and
104.4 	(2) the appropriate agency records the serial number or otherwise marks the money for 
104.5 	identification.
104.6 	As used in this paragraph, "money" means United States currency and coin; the currency 
104.7 	and coin of a foreign country; a bank check, cashier's check, or traveler's check; a prepaid 
104.8 	credit card; cryptocurrency; or a money order.

104.9 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to seizures 
104.10 	that take place on or after that date.

104.11 	Sec. 12. Minnesota Statutes 2020, section 609.5311, subdivision 3, is amended to read:
104.12 		Subd. 3.Limitations on forfeiture of certain property associated with controlled 
104.13 	substances. (a) A conveyance device is subject to forfeiture under this section only if the 
104.14 	retail value of the controlled substance is $75 $100 or more and the conveyance device is 
104.15 	associated with a felony-level controlled substance crime was used in the transportation or 
104.16 	exchange of a controlled substance intended for distribution or sale.
104.17 	(b) Real property is subject to forfeiture under this section only if the retail value of the 
104.18 	controlled substance or contraband is $2,000 or more.
104.19 	(c) Property used by any person as a common carrier in the transaction of business as a 
104.20 	common carrier is subject to forfeiture under this section only if the owner of the property 
104.21 	is a consenting party to, or is privy to, the use or intended use of the property as described 
104.22 	in subdivision 2.
104.23 	(d) Property is subject to forfeiture under this section only if its owner was privy to the 
104.24 	use or intended use described in subdivision 2, or the unlawful use or intended use of the 
104.25 	property otherwise occurred with the owner's knowledge or consent.
104.26 	(e) Forfeiture under this section of a conveyance device or real property encumbered by 
104.27 	a bona fide security interest is subject to the interest of the secured party unless the secured 
104.28 	party had knowledge of or consented to the act or omission upon which the forfeiture is 
104.29 	based. A person claiming a security interest bears the burden of establishing that interest 
104.30 	by clear and convincing evidence.
105.1 	(f) Forfeiture under this section of real property is subject to the interests of a good faith 
105.2 	purchaser for value unless the purchaser had knowledge of or consented to the act or omission 
105.3 	upon which the forfeiture is based.
105.4 	(g) Notwithstanding paragraphs (d), (e), and (f), property is not subject to forfeiture 
105.5 	based solely on the owner's or secured party's knowledge of the unlawful use or intended 
105.6 	use of the property if: (1) the owner or secured party took reasonable steps to terminate use 
105.7 	of the property by the offender; or (2) the property is real property owned by the parent of 
105.8 	the offender, unless the parent actively participated in, or knowingly acquiesced to, a violation 
105.9 	of chapter 152, or the real property constitutes proceeds derived from or traceable to a use 
105.10 	described in subdivision 2.
105.11 	(h) Money is subject to forfeiture under this section only if it has a total value of $1,500 
105.12 	or more or there is probable cause to believe that the money was exchanged for the purchase 
105.13 	of a controlled substance. As used in this paragraph, "money" means United States currency 
105.14 	and coin; the currency and coin of a foreign country; a bank check, cashier's check, or 
105.15 	traveler's check; a prepaid credit card; cryptocurrency; or a money order.
105.16 	(h) (i) The Department of Corrections Fugitive Apprehension Unit shall not seize a 
105.17 	conveyance device or real property, for the purposes of forfeiture under paragraphs (a) to 
105.18 	(g).
105.19 	(j) Nothing in this subdivision prohibits the seizure, with or without warrant, of any 
105.20 	property or thing for the purpose of being produced as evidence on any trial or for any other 
105.21 	lawful purpose.

105.22 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to seizures 
105.23 	that take place on or after that date.

105.24 	Sec. 13. Minnesota Statutes 2020, section 609.5311, subdivision 4, is amended to read:
105.25 		Subd. 4.Records; proceeds. (a) All books, records, and research products and materials, 
105.26 	including formulas, microfilm, tapes, and data that are used, or intended for use in the 
105.27 	manner described in subdivision 2 are subject to forfeiture.
105.28 	(b) All property, real and personal, that represents proceeds derived from or traceable 
105.29 	to a use described in subdivision 2 is subject to forfeiture.

105.30 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to seizures 
105.31 	that take place on or after that date.

106.1 	Sec. 14. Minnesota Statutes 2020, section 609.5314, subdivision 1, is amended to read:
106.2 		Subdivision 1.Property subject to administrative forfeiture; presumption. (a) The 
106.3 	following are presumed to be subject to administrative forfeiture under this section:
106.4 	(1) all money totaling $1,500 or more, precious metals, and precious stones found in 
106.5 	proximity to: that there is probable cause to believe represent the proceeds of a controlled 
106.6 	substance offense;
106.7 	(i) controlled substances;
106.8 	(ii) forfeitable drug manufacturing or distributing equipment or devices; or
106.9 	(iii) forfeitable records of manufacture or distribution of controlled substances;
106.10 	(2) all money found in proximity to controlled substances when there is probable cause 
106.11 	to believe that the money was exchanged for the purchase of a controlled substance;
106.12 	(2) (3) all conveyance devices containing controlled substances with a retail value of 
106.13 	$100 or more if possession or sale of the controlled substance would be a felony under 
106.14 	chapter 152 there is probable cause to believe that the conveyance device was used in the 
106.15 	transportation or exchange of a controlled substance intended for distribution or sale; and
106.16 	(3) (4) all firearms, ammunition, and firearm accessories found:
106.17 	(i) in a conveyance device used or intended for use to commit or facilitate the commission 
106.18 	of a felony offense involving a controlled substance;
106.19 	(ii) on or in proximity to a person from whom a felony amount of controlled substance 
106.20 	is seized; or
106.21 	(iii) on the premises where a controlled substance is seized and in proximity to the 
106.22 	controlled substance, if possession or sale of the controlled substance would be a felony 
106.23 	under chapter 152.
106.24 	(b) The Department of Corrections Fugitive Apprehension Unit shall not seize items 
106.25 	listed in paragraph (a), clauses (2) (3) and (3) (4), for the purposes of forfeiture.
106.26 	(c) A claimant of the property bears the burden to rebut this presumption. Money is the 
106.27 	property of an appropriate agency and may be seized and recovered by the appropriate 
106.28 	agency if:
106.29 	(1) the money is used by an appropriate agency, or furnished to a person operating on 
106.30 	behalf of an appropriate agency, to purchase or attempt to purchase a controlled substance; 
106.31 	and
107.1 	(2) the appropriate agency records the serial number or otherwise marks the money for 
107.2 	identification.
107.3 	(d) As used in this section, "money" means United States currency and coin; the currency 
107.4 	and coin of a foreign country; a bank check, cashier's check, or traveler's check; a prepaid 
107.5 	credit card; cryptocurrency; or a money order.

107.6 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to seizures 
107.7 	that take place on or after that date.

107.8 	Sec. 15. Minnesota Statutes 2020, section 609.5314, is amended by adding a subdivision 
107.9 	to read:
107.10 		Subd. 1a.Innocent owner. (a) Any person, other than the defendant driver, alleged to 
107.11 	have used a vehicle in the transportation or exchange of a controlled substance intended for 
107.12 	distribution or sale, claiming an ownership interest in a vehicle that has been seized or 
107.13 	restrained under this section may assert that right by notifying the prosecuting authority in 
107.14 	writing and within 60 days of the service of the notice of seizure.
107.15 	(b) Upon receipt of notice pursuant to paragraph (a), the prosecuting authority may 
107.16 	release the vehicle to the asserting person. If the prosecuting authority proceeds with the 
107.17 	forfeiture, the prosecuting authority must, within 30 days, file a separate complaint in the 
107.18 	name of the jurisdiction pursuing the forfeiture against the vehicle, describing the vehicle, 
107.19 	specifying that the vehicle was used in the transportation or exchange of a controlled 
107.20 	substance intended for distribution or sale, and specifying the time and place of the vehicle's 
107.21 	unlawful use. The complaint may be filed in district court or conciliation court and the filing 
107.22 	fee is waived.
107.23 	(c) A complaint filed by the prosecuting authority must be served on the asserting person 
107.24 	and on any other registered owners. Service may be made by certified mail at the address 
107.25 	listed in the Department of Public Safety's computerized motor vehicle registration records 
107.26 	or by any means permitted by court rules.
107.27 	(d) The hearing on the complaint shall, to the extent practicable, be held within 30 days 
107.28 	of the filing of the petition. The court may consolidate the hearing on the complaint with a 
107.29 	hearing on any other complaint involving a claim of an ownership interest in the same 
107.30 	vehicle.
107.31 	(e) At a hearing held pursuant to this subdivision, the state must prove by a preponderance 
107.32 	of the evidence that:
107.33 	(1) the seizure was incident to a lawful arrest or a lawful search; and
108.1 	(2) the vehicle was used in the transportation or exchange of a controlled substance 
108.2 	intended for distribution or sale.
108.3 	(f) At a hearing held pursuant to this subdivision, the asserting person must prove by a 
108.4 	preponderance of the evidence that the asserting person:
108.5 	(1) has an actual ownership interest in the vehicle; and
108.6 	(2) did not have actual or constructive knowledge that the vehicle would be used or 
108.7 	operated in any manner contrary to law or that the asserting person took reasonable steps 
108.8 	to prevent use of the vehicle by the alleged offender.
108.9 	(g) If the court determines that the state met both burdens under paragraph (e) and the 
108.10 	asserting person failed to meet any burden under paragraph (f), the court shall order that 
108.11 	the vehicle remains subject to forfeiture under this section.
108.12 	(h) The court shall order that the vehicle is not subject to forfeiture under this section 
108.13 	and shall order the vehicle returned to the asserting person if it determines that:
108.14 	(1) the state failed to meet any burden under paragraph (e);
108.15 	(2) the asserting person proved both elements under paragraph (f); or
108.16 	(3) clauses (1) and (2) apply.
108.17 	(i) If the court determines that the asserting person is an innocent owner and orders the 
108.18 	vehicle returned to the innocent owner, an entity in possession of the vehicle is not required 
108.19 	to release the vehicle until the innocent owner pays:
108.20 	(1) the reasonable costs of the towing, seizure, and storage of the vehicle incurred before 
108.21 	the innocent owner provided the notice required under paragraph (a); and
108.22 	(2) any reasonable costs of storage of the vehicle incurred more than two weeks after 
108.23 	an order issued under paragraph (h).

108.24 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to seizures 
108.25 	that take place on or after that date.

108.26 	Sec. 16. Minnesota Statutes 2020, section 609.5314, subdivision 2, is amended to read:
108.27 		Subd. 2.Administrative forfeiture procedure. (a) Forfeiture of property described in 
108.28 	subdivision 1 that does not exceed $50,000 in value is governed by this subdivision. Within 
108.29 	60 days from when seizure occurs, all persons known to have an ownership, possessory, or 
108.30 	security interest in seized property must be notified of the seizure and the intent to forfeit 
108.31 	the property. In the case of a motor vehicle required to be registered under chapter 168, 
109.1 	notice mailed by certified mail to the address shown in Department of Public Safety records 
109.2 	is deemed sufficient notice to the registered owner. The notification to a person known to 
109.3 	have a security interest in seized property required under this paragraph applies only to 
109.4 	motor vehicles required to be registered under chapter 168 and only if the security interest 
109.5 	is listed on the vehicle's title. Upon motion by the appropriate agency or the prosecuting 
109.6 	authority, a court may extend the time period for sending notice for a period not to exceed 
109.7 	90 days for good cause shown.
109.8 	(b) Notice may otherwise be given in the manner provided by law for service of a 
109.9 	summons in a civil action. The notice must be in writing and contain:
109.10 	(1) a description of the property seized;
109.11 	(2) the date of seizure; and
109.12 	(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for 
109.13 	obtaining that judicial review, printed in English. This requirement does not preclude the 
109.14 	appropriate agency from printing the notice in other languages in addition to English.
109.15 	Substantially the following language must appear conspicuously in the notice:
109.16 	"WARNING: If you were the person arrested when the property was seized, you will 
109.17 	automatically lose the above-described property and the right to be heard in court if you do 
109.18 	not file a lawsuit and serve the prosecuting authority within 60 days. You may file your 
109.19 	lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must 
109.20 	file in district court. You maydo not have to pay a filing fee for your lawsuit if you are 
109.21 	unable to afford the fee. You do not have to pay a conciliation court fee if your property is 
109.22 	worth less than $500.
109.23 	WARNING: If you have an ownership interest in the above-described property and were 
109.24 	not the person arrested when the property was seized, you will automatically lose the 
109.25 	above-described property and the right to be heard in court if you do not notify the 
109.26 	prosecuting authority of your interest in writing within 60 days."
109.27 	(c) If notice is not sent in accordance with paragraph (a), and no time extension is granted 
109.28 	or the extension period has expired, the appropriate agency shall return the property to the 
109.29 	person from whom the property was seized, if known. An agency's return of property due 
109.30 	to lack of proper notice does not restrict the agency's authority to commence a forfeiture 
109.31 	proceeding at a later time. The agency shall not be required to return contraband or other 
109.32 	property that the person from whom the property was seized may not legally possess.

110.1 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to seizures 
110.2 	that take place on or after that date.

110.3 	Sec. 17. Minnesota Statutes 2020, section 609.5314, subdivision 3, is amended to read:
110.4 		Subd. 3.Judicial determination. (a) Within 60 days following service of a notice of 
110.5 	seizure and forfeiture under this section, a claimant may file a demand for a judicial 
110.6 	determination of the forfeiture. The demand must be in the form of a civil complaint and 
110.7 	must be filed with the court administrator in the county in which the seizure occurred, 
110.8 	together with proof of service of a copy of the complaint on the prosecuting authority for 
110.9 	that county, and the standard filing fee for civil actions unless the petitioner has the right 
110.10 	to sue in forma pauperis under section 563.01. The claimant may serve the complaint on 
110.11 	the prosecuting authority by any means permitted by court rules. If the value of the seized 
110.12 	property is $15,000 or less, the claimant may file an action in conciliation court for recovery 
110.13 	of the seized property. If the value of the seized property is less than $500, The claimant 
110.14 	does not have to pay the conciliation court filing fee. No responsive pleading is required of 
110.15 	the prosecuting authority and no court fees may be charged for the prosecuting authority's 
110.16 	appearance in the matter. The district court administrator shall schedule the hearing as soon 
110.17 	as practicable after, and in any event no later than 90 days following, the conclusion of the 
110.18 	criminal prosecution. The proceedings are governed by the Rules of Civil Procedure.
110.19 	(b) The complaint must be captioned in the name of the claimant as plaintiff and the 
110.20 	seized property as defendant, and must state with specificity the grounds on which the 
110.21 	claimant alleges the property was improperly seized and the plaintiff's interest in the property 
110.22 	seized. Notwithstanding any law to the contrary, an action for the return of property seized 
110.23 	under this section may not be maintained by or on behalf of any person who has been served 
110.24 	with a notice of seizure and forfeiture unless the person has complied with this subdivision.
110.25 	(c) If the claimant makes a timely demand for judicial determination under this 
110.26 	subdivision, the appropriate agency must conduct the forfeiture under section 609.531, 
110.27 	subdivision 6a. The limitations and defenses set forth in section 609.5311, subdivision 3, 
110.28 	apply to the judicial determination.
110.29 	(d) If a demand for judicial determination of an administrative forfeiture is filed under 
110.30 	this subdivision and the court orders the return of the seized property, the court shall order 
110.31 	that filing fees be reimbursed to the person who filed the demand. In addition, the court 
110.32 	may order sanctions under section 549.211. If the court orders payment of these costs, they 
110.33 	must be paid from forfeited money or proceeds from the sale of forfeited property from the 
111.1 	appropriate law enforcement and prosecuting agencies in the same proportion as they would 
111.2 	be distributed under section 609.5315, subdivision 5.

111.3 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to seizures 
111.4 	that take place on or after that date.

111.5 	Sec. 18. Minnesota Statutes 2020, section 609.5315, subdivision 5, is amended to read:
111.6 		Subd. 5.Distribution of money. The money or proceeds from the sale of forfeited 
111.7 	property, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction 
111.8 	of valid liens against the property, must be distributed as follows:
111.9 	(1) 70 percent of the money or proceeds must be forwarded to the appropriate agency 
111.10 	for deposit as a supplement to the agency's operating fund or similar fund for use in law 
111.11 	enforcement, training, education, crime prevention, equipment, or capital expenses;
111.12 	(2) 20 percent of the money or proceeds must be forwarded to the prosecuting authority 
111.13 	that handled the forfeiture for deposit as a supplement to its operating fund or similar fund 
111.14 	for prosecutorial purposes, training, education, crime prevention, equipment, or capital 
111.15 	expenses; and
111.16 	(3) the remaining ten percent of the money or proceeds must be forwarded within 60 
111.17 	days after resolution of the forfeiture to the state treasury and credited to the general fund. 
111.18 	Any local police relief association organized under chapter 423 which received or was 
111.19 	entitled to receive the proceeds of any sale made under this section before the effective date 
111.20 	of Laws 1988, chapter 665, sections 1 to 17, shall continue to receive and retain the proceeds 
111.21 	of these sales.

111.22 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to seizures 
111.23 	that take place on or after that date.

111.24 	Sec. 19. Minnesota Statutes 2020, section 609.5315, subdivision 5b, is amended to read:
111.25 		Subd. 5b.Disposition of certain forfeited proceeds; trafficking of persons; report 
111.26 	required. (a) Except as provided in subdivision 5c, for forfeitures resulting from violations 
111.27 	of section 609.282, 609.283, or 609.322, the money or proceeds from the sale of forfeited 
111.28 	property, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction 
111.29 	of valid liens against the property, must be distributed as follows:
111.30 	(1) 40 percent of the proceeds must be forwarded to the appropriate agency for deposit 
111.31 	as a supplement to the agency's operating fund or similar fund for use in law enforcement;
112.1 	(2) 20 percent of the proceeds must be forwarded to the prosecuting authority that handled 
112.2 	the forfeiture for deposit as a supplement to its operating fund or similar fund for 
112.3 	prosecutorial purposes; and
112.4 	(3) the remaining 40 percent of the proceeds must be forwarded to the commissioner of 
112.5 	health and are appropriated to the commissioner for distribution to crime victims services 
112.6 	organizations that provide services to victims of trafficking offenses.
112.7 	(b) By February 15 of each year, the commissioner of public safety shall report to the 
112.8 	chairs and ranking minority members of the senate and house of representatives committees 
112.9 	or divisions having jurisdiction over criminal justice funding on the money collected under 
112.10 	paragraph (a), clause (3). The report must indicate the following relating to the preceding 
112.11 	calendar year:
112.12 	(1) the amount of money appropriated to the commissioner;
112.13 	(2) how the money was distributed by the commissioner; and
112.14 	(3) what the organizations that received the money did with it.

112.15 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to seizures 
112.16 	that take place on or after that date.

112.17 	Sec. 20. Minnesota Statutes 2020, section 609.5315, subdivision 6, is amended to read:
112.18 		Subd. 6.Reporting requirement. (a) For each forfeiture occurring in the state regardless 
112.19 	of the authority for it and including forfeitures pursued under federal law, the appropriate 
112.20 	agency and the prosecuting authority shall provide a written record of the forfeiture incident 
112.21 	to the state auditor. The record shall include:
112.22 	(1) the amount forfeited,;
112.23 	(2) the statutory authority for the forfeiture, its;
112.24 	(3) the date, of the forfeiture;
112.25 	(4) a brief description of the circumstances involved, and;
112.26 	(5) whether the forfeiture was contested.;
112.27 	(6) whether the defendant was convicted pursuant to a plea agreement or a trial;
112.28 	(7) whether there was a forfeiture settlement agreement;
112.29 	(8) whether the property was sold, destroyed, or retained by an appropriate agency;
112.30 	(9) the gross revenue from the disposition of the forfeited property;
113.1 	(10) an estimate of the total costs to the agency to store the property in an impound lot, 
113.2 	evidence room, or other location; pay for the time and expenses of an appropriate agency 
113.3 	and prosecuting authority to litigate forfeiture cases; and sell or dispose of the forfeited 
113.4 	property;
113.5 	(11) the net revenue, determined by subtracting the costs identified under clause (10) 
113.6 	from the gross revenue identified in clause (9), the appropriate agency received from the 
113.7 	disposition of forfeited property;
113.8 	(12) if any property was retained by an appropriate agency, the purpose for which it is 
113.9 	used;
113.10 	(13) for controlled substance and driving while impaired forfeitures, the record shall 
113.11 	indicate whether the forfeiture was initiated as an administrative or a judicial forfeiture. 
113.12 	The record shall also list;
113.13 	(14) the number of firearms forfeited and the make, model, and serial number of each 
113.14 	firearm forfeited. The record shall indicate; and
113.15 	(15) how the property was or is to be disposed of.
113.16 	(b) An appropriate agency or the prosecuting authority shall report to the state auditor 
113.17 	all instances in which property seized for forfeiture is returned to its owner either because 
113.18 	forfeiture is not pursued or for any other reason.
113.19 	(c) Each appropriate agency and prosecuting authority shall provide a written record 
113.20 	regarding the proceeds of forfeited property, including proceeds received through forfeiture 
113.21 	under state and federal law. The record shall include:
113.22 	(1) the total amount of money or proceeds from the sale of forfeited property obtained 
113.23 	or received by an appropriate agency or prosecuting authority in the previous reporting 
113.24 	period;
113.25 	(2) the manner in which each appropriate agency and prosecuting authority expended 
113.26 	money or proceeds from the sale of forfeited property in the previous reporting period, 
113.27 	including the total amount expended in the following categories:
113.28 	(i) drug abuse, crime, and gang prevention programs;
113.29 	(ii) victim reparations;
113.30 	(iii) gifts or grants to crime victim service organizations that provide services to sexually 
113.31 	exploited youth;
114.1 	(iv) gifts or grants to crime victim service organizations that provide services to victims 
114.2 	of trafficking offenses;
114.3 	(v) investigation costs, including but not limited to witness protection, informant fees, 
114.4 	and controlled buys;
114.5 	(vi) court costs and attorney fees;
114.6 	(vii) salaries, overtime, and benefits, as permitted by law;
114.7 	(viii) professional outside services, including but not limited to auditing, court reporting, 
114.8 	expert witness fees, outside attorney fees, and membership fees paid to trade associations;
114.9 	(ix) travel, meals, and conferences;
114.10 	(x) training and continuing education;
114.11 	(xi) other operating expenses, including but not limited to office supplies, postage, and 
114.12 	printing;
114.13 	(xii) capital expenditures, including but not limited to vehicles, firearms, equipment, 
114.14 	computers, and furniture;
114.15 	(xiii) gifts or grants to nonprofit or other programs, indicating the recipient of the gift 
114.16 	or grant; and
114.17 	(xiv) any other expenditure, indicating the type of expenditure and, if applicable, the 
114.18 	recipient of any gift or grant;
114.19 	(3) the total value of seized and forfeited property held by an appropriate agency and 
114.20 	not sold or otherwise disposed of; and
114.21 	(4) a statement from the end of each year showing the balance of any designated forfeiture 
114.22 	accounts maintained by an appropriate agency or prosecuting authority.
114.23 	(c) (d) Reports under paragraphs (a) and (b) shall be made on a monthly quarterly basis 
114.24 	in a manner prescribed by the state auditor and reports under paragraph (c) shall be made 
114.25 	on an annual basis in a manner prescribed by the state auditor. The state auditor shall report 
114.26 	annually to the legislature on the nature and extent of forfeitures., including the information 
114.27 	provided by each appropriate agency or prosecuting authority under paragraphs (a) to (c). 
114.28 	Summary data on seizures, forfeitures, and expenditures of forfeiture proceeds shall be 
114.29 	disaggregated by each appropriate agency and prosecuting authority. The report shall be 
114.30 	made public on the state auditor's website.
115.1 	(d) (e) For forfeitures resulting from the activities of multijurisdictional law enforcement 
115.2 	entities, the entity on its own behalf shall report the information required in this subdivision.
115.3 	(e) (f) The prosecuting authority is not required to report information required by this 
115.4 	subdivision paragraph (a) or (b) unless the prosecuting authority has been notified by the 
115.5 	state auditor that the appropriate agency has not reported it.

115.6 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to seizures 
115.7 	that take place on or after that date.

115.8 	Sec. 21. RECIDIVISM STUDY.
 115.9 	The legislative auditor shall conduct or contract with an independent third-party vendor 
115.10 	to conduct a comprehensive program audit on the efficacy of forfeiture and the use of ignition 
115.11 	interlock in cases involving an alleged violation of Minnesota Statutes, section 169A.20. 
115.12 	The audit shall assess the financial impact of the programs, the efficacy in reducing 
115.13 	recidivism, and the impacts, if any, on public safety. The audit shall be conducted in 
115.14 	accordance with generally accepted government auditing standards issued by the United 
115.15 	States Government Accountability Office. The legislative auditor shall complete the audit 
115.16 	no later than August 1, 2024, and shall report the results of the audit to the chairs and ranking 
115.17 	minority members of the legislative committees and divisions with jurisdiction over public 
115.18 	safety by January 15, 2025.

115.19 	EFFECTIVE DATE. This section is effective January 1, 2022.

115.20 	Sec. 22. REPEALER.
 115.21 	Minnesota Statutes 2020, section 609.5317, is repealed.

115.22 	EFFECTIVE DATE. This section is effective January 1, 2022.

115.23 	ARTICLE 10
115.24 	POLICING

115.25 	Section 1. Minnesota Statutes 2020, section 13.41, subdivision 3, is amended to read:
115.26 		Subd. 3.Board of Peace Officer Standards and Training. The following government 
115.27 	data of the Board of Peace Officer Standards and Training are private data:
115.28 	(1)personal phone numbers, and home and e-mail addresses of licensees and applicants 
115.29 	for licenses; and
115.30 	(2) data that identify the government entity that employs a licensed peace officer.
116.1 	The board may disseminate private data on applicants and licensees as is necessary to 
116.2 	administer law enforcement licensure or to provide data under section 626.845, subdivision 
116.3 	1, to law enforcement agencies who are conducting employment background investigations.

116.4 	Sec. 2. Minnesota Statutes 2020, section 13.411, is amended by adding a subdivision to 
116.5 	read:
116.6 		Subd. 11.Peace officer database. Section 626.8457, subdivision 3, governs data sharing 
116.7 	between law enforcement agencies and the Peace Officer Standards and Training Board for 
116.8 	purposes of administering the peace officer database required by section 626.845, subdivision 
116.9 	3.

116.10 	Sec. 3. [169.984] VEHICLE EQUIPMENT SECONDARY OFFENSES.
116.11 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms have 
116.12 	the meanings given.
116.13 	(b) "Dangerous condition" means a situation where an improper or malfunctioning piece 
116.14 	of motor vehicle equipment creates a substantial, identifiable risk to human life.
116.15 	(c) "Mandatory secondary offense" means a violation of section 168.09, subdivision 1 
116.16 	(vehicle registration); 169.69 (muffler required); 169.693 (exceed motor vehicle noise 
116.17 	limits); 169.71, subdivision 1, paragraph (a), clause (2) (windshield prohibitions); 169.71, 
116.18 	subdivision 4, clauses (1) to (4) (restrictions on mirrored/glazed windows); or 169.79, 
116.19 	subdivision 8 (license plate validation stickers).
116.20 	(d) "Presumptive secondary offense" means a violation of section 169.47, subdivision 
116.21 	1, paragraph (a) (unsafe equipment); 169.49 (headlamps); 169.50, subdivision 1, paragraph 
116.22 	(b) (rear lamps); 169.50, subdivision 2 (license plate illumination); 169.55, subdivision 1 
116.23 	(lamps required); 169.57, subdivision 1, paragraph (a) (stop lamps); 169.63, paragraph (a) 
116.24 	(use of headlamps); or 169.71, subdivision 1, paragraph (a), clause (1) (certain windshield 
116.25 	prohibitions).
116.26 		Subd. 2.Secondary offenses. (a) A peace officer may not stop or detain the operator of 
116.27 	a motor vehicle for a mandatory secondary offense, and may not issue a citation for a 
116.28 	mandatory secondary offense, unless:
116.29 	(1) the officer stopped or detained the operator of the motor vehicle for an otherwise 
116.30 	lawful reason; or
116.31 	(2) the motor vehicle was unoccupied.
117.1 	(b) This subdivision does not apply to vehicles that are required to comply with the 
117.2 	equipment standards in chapter 221.
117.3 		Subd. 3.Presumptive secondary offenses. (a) A peace officer may not stop or detain 
117.4 	the operator of a motor vehicle for a presumptive secondary offense, and may not issue a 
117.5 	citation for a presumptive secondary offense, unless:
117.6 	(1) the officer stopped or detained the operator of the motor vehicle for an otherwise 
117.7 	lawful reason;
117.8 	(2) the motor vehicle was unoccupied; or
117.9 	(3) as otherwise provided for in this subdivision.
117.10 	(b) A peace officer may stop or detain an operator of a motor vehicle for a presumptive 
117.11 	secondary offense when the officer has reasonable and articulable suspicion that the operator 
117.12 	has committed a presumptive secondary offense and any of the following circumstances 
117.13 	exist:
117.14 	(1) the operator is in violation of section 169.47, subdivision 1, paragraph (a) (unsafe 
117.15 	equipment), in a manner that creates a dangerous condition;
117.16 	(2) the operator is in violation of section 169.49 (headlamps); 169.50, subdivision 1, 
117.17 	paragraph (b) (tail lamps); 169.55, subdivision 1 (lamps required); or 169.63, paragraph (a) 
117.18 	(use of headlamps), and none of the headlamps are functioning or none of the tail lamps are 
117.19 	functioning;
117.20 	(3) the operator is in violation of section 169.50, subdivision 2 (license plate illumination), 
117.21 	and the license plate is not legible from a distance of 50 feet to the rear;
117.22 	(4) the operator is in violation of section 169.57, subdivision 1, paragraph (a) (stop 
117.23 	lamps), and none of the vehicle's stop lamps are functioning; or
117.24 	(5) the operator is in violation of section 169.71, subdivision 1, paragraph (a), clause 
117.25 	(1) (certain windshield prohibitions), and the violation creates an imminent threat to human 
117.26 	life.
117.27 	(c) This subdivision does not apply to vehicles that are required to comply with the 
117.28 	equipment standards in chapter 221.
117.29 		Subd. 4.Warning letter. If an officer does not have grounds to stop a vehicle or detain 
117.30 	the operator of a motor vehicle for a mandatory secondary offense or presumptive secondary 
117.31 	offense and the officer can identify the owner of the vehicle, the officer's agency is 
118.1 	encouraged to send a letter to the owner of the vehicle identifying the violation and instructing 
118.2 	the owner to correct the defect or otherwise remedy the violation.

118.3 	Sec. 4. Minnesota Statutes 2020, section 214.10, subdivision 11, is amended to read:
118.4 		Subd. 11.Board of Peace Officers Standards and Training; reasonable grounds 
118.5 	determination. (a) After the investigation is complete, the executive director shall convene 
118.6 	at least a three-memberfour-member committee of the board to determine if the complaint 
118.7 	constitutes reasonable grounds to believe that a violation within the board's enforcement 
118.8 	jurisdiction has occurred. In conformance with section 626.843, subdivision 1b, at least two
118.9 	three members of the committee must be voting board members who are peace officers and 
118.10 	one member of the committee must be a voting board member appointed from the general 
118.11 	public. No later than 30 days before the committee meets, the executive director shall give 
118.12 	the licensee who is the subject of the complaint and the complainant written notice of the 
118.13 	meeting. The executive director shall also give the licensee a copy of the complaint. Before 
118.14 	making its determination, the committee shall give the complaining party and the licensee 
118.15 	who is the subject of the complaint a reasonable opportunity to be heard.
118.16 	(b) The committee shall, by majority vote, after considering the information supplied 
118.17 	by the investigating agency and any additional information supplied by the complainant or 
118.18 	the licensee who is the subject of the complaint, take one of the following actions:
118.19 	(1) find that reasonable grounds exist to believe that a violation within the board's 
118.20 	enforcement jurisdiction has occurred and order that an administrative hearing be held;
118.21 	(2) decide that no further action is warranted; or
118.22 	(3) continue the matter.
118.23 	The executive director shall promptly give notice of the committee's action to the 
118.24 	complainant and the licensee.
118.25 	(c) If the committee determines that a complaint does not relate to matters within its 
118.26 	enforcement jurisdiction but does relate to matters within another state or local agency's 
118.27 	enforcement jurisdiction, it shall refer the complaint to the appropriate agency for disposition.

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

118.29 	Sec. 5. Minnesota Statutes 2020, section 244.09, subdivision 6, is amended to read:
118.30 		Subd. 6.Clearinghouse and information center. The commission, in addition to 
118.31 	establishing Sentencing Guidelines, shall serve as a clearinghouse and information center 
119.1 	for the collection, preparation, analysis and dissemination of information on state and local 
119.2 	sentencing and probation practices, and shall conduct ongoing research regarding Sentencing 
119.3 	Guidelines, use of imprisonment and alternatives to imprisonment, probation terms, 
119.4 	conditions of probation, probation revocations, plea bargaining, recidivism, and other matters 
119.5 	relating to the improvement of the criminal justice system. The commission shall from time 
119.6 	to time make recommendations to the legislature regarding changes in the Criminal Code, 
119.7 	criminal procedures, and other aspects of sentencing and probation.
119.8 	This information shall include information regarding the impact of statutory changes to 
119.9 	the state's criminal laws related to controlled substances, including those changes enacted 
119.10 	by the legislature in Laws 2016, chapter 160.

119.11 	Sec. 6. Minnesota Statutes 2020, section 626.14, is amended to read:
119.12 	626.14 TIME AND MANNER OF SERVICE; NO-KNOCK SEARCH WARRANTS.
119.13 		Subdivision 1.Time. A search warrant may be served only between the hours of 7:00 
119.14 	a.m. and 8:00 p.m. unless the court determines on the basis of facts stated in the affidavits 
119.15 	that a nighttime search outside those hours is necessary to prevent the loss, destruction, or 
119.16 	removal of the objects of the search or to protect the searchers or the public. The search 
119.17 	warrant shall state that it may be served only between the hours of 7:00 a.m. and 8:00 p.m. 
119.18 	unless a nighttime search outside those hours is authorized.
119.19 		Subd. 2.Definition. For the purposes of this section, "no-knock search warrant" means 
119.20 	a search warrant authorizing peace officers to enter certain premises without first knocking 
119.21 	and announcing the officer's presence or purpose prior to entering the premises. No-knock 
119.22 	search warrants may also be referred to as dynamic entry warrants.
119.23 		Subd. 3.Requirements for a no-knock search warrant.  No peace officer shall seek 
119.24 	a no-knock search warrant unless the warrant application includes at a minimum:
119.25 	(1) all documentation and materials the issuing court requires; and
119.26 	(2) a sworn affidavit as provided in section 626.08.
119.27 		Subd. 4.Warrant application form. (a) A law enforcement agency shall develop a 
119.28 	warrant application form. A completed warrant application form shall accompany every 
119.29 	request for a no-knock search warrant.
119.30 	(b) The warrant application form must be completed, signed, and dated by the peace 
119.31 	officer seeking the no-knock search warrant.
119.32 	(c) Each warrant application must explain, in detailed terms, the following:
120.1 	(1) why peace officers are unable to detain the suspect or search the residence using less 
120.2 	invasive means or methods;
120.3 	(2) what investigative activities have taken place to support issuance of the no-knock 
120.4 	search warrant, or why no investigative activity is needed; and
120.5 	(3) whether the warrant can be effectively executed during daylight hours according to 
120.6 	subdivision 1.
120.7 	(d) The chief law enforcement officer or designee and the supervising officer must 
120.8 	review each warrant application form. If the chief law enforcement officer or designee or 
120.9 	commanding officer is unavailable, the direct superior officer shall review the materials.
120.10 	(e) The warrant application form shall contain a certification of review section. The form 
120.11 	shall provide that, by executing the certification, the individual signing the form has reviewed 
120.12 	its contents and approves the request for a no-knock search warrant. The chief law 
120.13 	enforcement officer or designee and the commanding officer, or the direct superior officer, 
120.14 	must each sign, date, and indicate the time of the certification.
120.15 	(f) Under no circumstance shall a no-knock search warrant be issued when the only 
120.16 	crime alleged is drug possession.
120.17 		Subd. 5.Reporting requirements regarding no-knock search warrants. (a) Law 
120.18 	enforcement agencies shall report to the commissioner of public safety regarding the use 
120.19 	of no-knock search warrants. An agency must report the use of a no-knock search warrant 
120.20 	to the commissioner no later than three months after the date the warrant was issued. The 
120.21 	report shall include the following information:
120.22 	(1) the number of no-knock search warrants requested;
120.23 	(2) the number of no-knock search warrants the court issued;
120.24 	(3) the number of no-knock search warrants executed; and
120.25 	(4) the number of injuries and fatalities suffered, if any, by peace officers and by civilians 
120.26 	in the execution of no-knock search warrants.
120.27 	(b) The commissioner of public safety shall report the information provided under 
120.28 	paragraph (a) annually to the chairs and ranking minority members of the legislative 
120.29 	committees with jurisdiction over public safety.

121.1 	Sec. 7. Minnesota Statutes 2020, section 626.5531, subdivision 1, is amended to read:
121.2 		Subdivision 1.Reports required. A peace officer must report to the head of the officer's 
121.3 	department every violation of chapter 609 or a local criminal ordinance if the officer has 
121.4 	reason to believe, or if the victim alleges, that the offender was motivated to commit the 
121.5 	act by in whole or in part because of the victim's actual or perceived race, color, ethnicity, 
121.6 	religion, national origin, sex, gender, sexual orientation, gender identity, gender expression, 
121.7 	age, national origin, or disability as defined in section 363A.03, or characteristics identified 
121.8 	as sexual orientation because of the victim's actual or perceived association with another 
121.9 	person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, 
121.10 	sexual orientation, gender identity, gender expression, age, national origin, or disability as 
121.11 	defined in section 363A.03. The superintendent of the Bureau of Criminal Apprehension 
121.12 	shall adopt a reporting form to be used by law enforcement agencies in making the reports 
121.13 	required under this section. The reports must include for each incident all of the following:
121.14 	(1) the date of the offense;
121.15 	(2) the location of the offense;
121.16 	(3) whether the target of the incident is a person, private property, or public property;
121.17 	(4) the crime committed;
121.18 	(5) the type of bias and information about the offender and the victim that is relevant to 
121.19 	that bias;
121.20 	(6) any organized group involved in the incident;
121.21 	(7) the disposition of the case;
121.22 	(8) whether the determination that the offense was motivated by bias was based on the 
121.23 	officer's reasonable belief or on the victim's allegation; and
121.24 	(9) any additional information the superintendent deems necessary for the acquisition 
121.25 	of accurate and relevant data.

121.26 	Sec. 8. Minnesota Statutes 2020, section 626.842, subdivision 2, is amended to read:
121.27 		Subd. 2.Terms, compensation, removal, filling of vacancies. The membership terms, 
121.28 	compensation, removal of members and the filling of vacancies for members appointed 
121.29 	pursuant to section 626.841, clauses (1), (2), (4), and (5) on the board; the provision of staff, 
121.30 	administrative services and office space; the review and processing of complaints; the setting 
121.31 	of fees; and other matters relating to board operations shall be as provided in chapter 214.

122.1 	Sec. 9. Minnesota Statutes 2020, section 626.8435, is amended to read:
122.2 	626.8435 ENSURING POLICE EXCELLENCE AND IMPROVING COMMUNITY 
122.3 	RELATIONS ADVISORY PEACE OFFICER STANDARDS AND TRAINING 
122.4 	BOARD CITIZEN'S COUNCIL.
122.5 		Subdivision 1.Establishment and membership. The Ensuring Police Excellence and 
122.6 	Improving Community Relations Advisory Peace Officer Standards and Training Board 
122.7 	Citizen's Council is established under the Peace Officer Standards and Training Board. The 
122.8 	council consists of the following 15 members:
122.9 	(1) the superintendent of the Bureau of Criminal Apprehension, or a designee;
122.10 	(2) the executive director of the Peace Officer Standards and Training Board, or a 
122.11 	designee;
122.12 	(3) the executive director of the Minnesota Police and Peace Officers Association, or a 
122.13 	designee;
122.14 	(4) the executive director of the Minnesota Sheriffs' Association, or a designee;
122.15 	(5) the executive director of the Minnesota Chiefs of Police Association, or a designee;
122.16 	(6) six community members, of which:
122.17 	(i) four members shall represent the community-specific boards established under section 
122.18 	257.0768 sections 15.0145 and 3.922, reflecting one appointment made by each board;
122.19 	(ii) one member shall be a mental health advocate and shall be appointed by the Minnesota 
122.20 	chapter of the National Alliance on Mental Illness; and
122.21 	(iii) one member shall be an advocate for victims and shall be appointed by Violence 
122.22 	Free Minnesota; and
122.23 	(7) four members appointed by the legislature, of which one shall be appointed by the 
122.24 	speaker of the house, one by the house minority leader, one by the senate majority leader, 
122.25 	and one by the senate minority leader.
122.26 	The appointing authorities shall make their appointments by September 15, 2020, and 
122.27 	shall ensure geographical balance when making appointments.
122.28 		Subd. 2.Purpose and duties. (a) The purpose of the council is to assist the board in 
122.29 	maintaining policies and regulating peace officers in a manner that ensures the protection 
122.30 	of civil and human rights. The council shall provide for citizen involvement in policing 
123.1 	policies, regulations, and supervision. The council shall advance policies and reforms that 
123.2 	promote positive interactions between peace officers and the community.
123.3 	(b) The board chair must place the council's recommendations to the board on the board's 
123.4 	agenda within four months of receiving a recommendation from the council.
123.5 		Subd. 3.Organization. The council shall be organized and administered under section 
123.6 	15.059, except that the council does not expire. Council members serve at the pleasure of 
123.7 	the appointing authority. The council shall select a chairperson from among the members 
123.8 	by majority vote at its first meeting. The executive director of the board shall serve as the 
123.9 	council's executive secretary.
123.10 		Subd. 4.Meetings. The council must meet at least quarterly. Meetings of the council 
123.11 	are governed by chapter 13D. The executive director of the Peace Officer Standards and 
123.12 	Training Board shall convene the council's first meeting, which must occur by October 15, 
123.13 	2020.
123.14 		Subd. 5.Office support. The executive director of the Peace Officer Standards and 
123.15 	Training Board shall provide the council with the necessary office space, supplies, equipment, 
123.16 	and clerical support to effectively perform the duties imposed.
123.17 		Subd. 6.Reports. The council shall submit a report by February 15 of each year to the 
123.18 	chairs and ranking minority members of the senate and house of representatives committees 
123.19 	and divisions having jurisdiction over criminal justice policy and the board. At a minimum, 
123.20 	the report shall include:
123.21 	(1) all recommendations presented to the board and how the board acted on those 
123.22 	recommendations;
123.23 	(2) recommendations for statutory reform or legislative initiatives intended to promote 
123.24 	police-community relations; and
123.25 	(3) updates on the council's review and determinations.

123.26 	Sec. 10. Minnesota Statutes 2020, section 626.845, subdivision 3, is amended to read:
123.27 		Subd. 3.Peace officer data. The board, in consultation with the Minnesota Chiefs of 
123.28 	Police Association, Minnesota Sheriffs' Association, and Minnesota Police and Peace 
123.29 	Officers Association, shall create a central repository for peace officer data designated as 
123.30 	public data under chapter 13. The database shall be designed to receive, in real time, the 
123.31 	public data required to be submitted to the board by law enforcement agencies in section 
124.1 	626.8457, subdivision 3, paragraph (b). To ensure the anonymity of individuals, the database 
124.2 	must use encrypted data to track information transmitted on individual peace officers.

124.3 	Sec. 11. Minnesota Statutes 2020, section 626.8451, subdivision 1, is amended to read:
124.4 		Subdivision 1.Training course; crimes motivated by bias. (a) The board must prepare 
124.5 	aapprove a list of training coursecourses to assist peace officers in identifying and,
124.6 	responding to, and reporting crimes motivated by in whole or in part because of the victim's 
124.7 	or another's actual or perceived race, color, ethnicity, religion, national origin, sex, gender, 
124.8 	sexual orientation, gender identity, gender expression, age, national origin, or disability as 
124.9 	defined in section 363A.03, or characteristics identified as sexual orientation because of 
124.10 	the victim's actual or perceived association with another person or group of a certain actual 
124.11 	or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, 
124.12 	gender expression, age, national origin, or disability as defined in section 363A.03. The 
124.13 	course must include material to help officers distinguish bias crimes from other crimes, to 
124.14 	help officers in understanding and assisting victims of these crimes, and to ensure that bias 
124.15 	crimes will be accurately reported as required under section 626.5531. The course must be 
124.16 	updated periodicallyboard must review the approved courses every three years and update 
124.17 	the list of approved courses as the board, in consultation with the commissioner of human 
124.18 	rights, considers appropriate.
124.19 	(b) In updating the list of approved training courses described in paragraph (a), the board 
124.20 	must consult and secure approval from the commissioner of human rights.

124.21 	Sec. 12. Minnesota Statutes 2020, section 626.8457, subdivision 3, is amended to read:
124.22 		Subd. 3.Report on alleged misconduct; database; report. (a) A chief law enforcement 
124.23 	officer shall report annually to the board summary data regarding the investigation and 
124.24 	disposition of cases involving alleged misconduct, indicating the total number of 
124.25 	investigations, the total number by each subject matter, the number dismissed as unfounded, 
124.26 	and the number dismissed on grounds that the allegation was unsubstantiated.
124.27 	(b) Beginning July 1, 2021, a chief law enforcement officer, in real time, must submit 
124.28 	individual peace officer data classified as public data on individuals, as defined by section 
124.29 	13.02, subdivision 15, or private data on individuals, as defined by section 13.02, subdivision 
124.30 	12, and submitted using encrypted data that the board determines is necessary to:
124.31 	(1) evaluate the effectiveness of statutorily required training;
125.1 	(2) assist the Ensuring Police Excellence and Improving Community Relations Advisory
125.2 	Peace Officer Standards and Training Board Citizen's Council in accomplishing the council's 
125.3 	duties; and
125.4 	(3) allow for the board, the Ensuring Police Excellence and Improving Community 
125.5 	Relations Advisory Peace Officer Standards and Training Board Citizen's Council, and the 
125.6 	board's complaint investigation committee to identify patterns of behavior that suggest an 
125.7 	officer is in crisis or is likely to violate a board-mandated model policy.
125.8 	(c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer 
125.9 	must update data within 30 days of final disposition of a complaint or investigation.
125.10 	(d) Law enforcement agencies and political subdivisions are prohibited from entering 
125.11 	into a confidentiality agreement that would prevent disclosure of the data identified in 
125.12 	paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements 
125.13 	of this section.
125.14 	(e) By February 1 of each year, the board shall prepare a report that contains summary 
125.15 	data provided under paragraph (b). The board must post the report on its publicly accessible 
125.16 	website and provide a copy to the chairs and ranking minority members of the senate and 
125.17 	house of representatives committees and divisions having jurisdiction over criminal justice 
125.18 	policy.
125.19 	(f) For purposes of identifying potential patterns and trends in police misconduct and 
125.20 	determining training needs and the purpose of the database outlined in paragraph (b), the 
125.21 	board shall adopt rules including but not limited to:
125.22 	(1) creating detailed classifications of peace officer complaints and discipline by conduct 
125.23 	type and severity for formal signed complaints;
125.24 	(2) establishing definitions for the following terms, including but not limited to formal 
125.25 	complaint, discipline action, coaching, and retraining; and
125.26 	(3) directing annual reporting by each chief law enforcement officer of the number and 
125.27 	types of complaints:
125.28 	(i) received by the law enforcement agency, including but not limited to complaints 
125.29 	involving chief law enforcement officers;
125.30 	(ii) initiated by action of the agency and resulting in investigation;
125.31 	(iii) resulting in formal discipline, including but not limited to verbal and written 
125.32 	reprimand, suspension, or demotion, excluding termination;
126.1 	(iv) resulting in termination;
126.2 	(v) that are formal and result in coaching or retraining; and
126.3 	(vi) for each officer in the agency's employ, and whether the complaint and investigation 
126.4 	resulted in final discipline.

126.5 	Sec. 13. Minnesota Statutes 2020, section 626.8459, is amended to read:
126.6 	626.8459 POST BOARD; COMPLIANCE REVIEWS REQUIRED.
126.7 		Subdivision 1.Annual reviews; scope. (a) Each year, the board shall conduct compliance 
126.8 	reviews on all state and local law enforcement agencies. The compliance reviews must 
126.9 	ensure that the agencies are complying with all requirements imposed on them by statute 
126.10 	and rule. The board shall update its procedures governing compliance reviews to update, 
126.11 	among other items, its assessment of the following data points, and evaluation of the policies 
126.12 	and practices that contribute to the following:
126.13 	(1) the effectiveness of required in-service training and adherence to model policies 
126.14 	which are to include an assessment and self-response survey where subjects explain the 
126.15 	state of the following:
126.16 	(i) the number of use of force incidents per office and officers;
126.17 	(ii) the rate of arrests and stops involving minorities compared to that of their white 
126.18 	counterparts within the same jurisdiction, if data is available;
126.19 	(iii) the number of emergency holds requested by officers; and
126.20 	(iv) other categorical metrics as deemed necessary by the board;
126.21 	(2) the agency's investigations of complaints the board refers to the agency pursuant to 
126.22 	section 214.10, subdivision 10, and how the chief law enforcement officer holds officers 
126.23 	accountable for violations of statutory requirements imposed on peace officers, applicable 
126.24 	standards of conduct, board-mandated model policies, and agency-established policies; and
126.25 	(3) the on and off duty conduct of officers employed by the agency to determine if the 
126.26 	officers' conduct is adversely affecting public respect and trust of law enforcement.
126.27 		Subd. 2.Discovery; subpoenas. For the purpose of compliance reviews under this 
126.28 	section, the board or director may exercise the discovery and subpoena authority granted 
126.29 	to the board under section 214.10, subdivision 3.
126.30 		Subd. 3.Reports required. The board shall include in the reports to the legislature 
126.31 	required in section 626.843, subdivision 4, detailed information on the compliance reviews 
127.1 	conducted under this section. At a minimum, the reports must specify each requirement 
127.2 	imposed by statute and rule on law enforcement agencies, the compliance rate of each 
127.3 	agency, a summary of the investigation of matters listed in subdivision 1, clause (1), items 
127.4 	(i) to (iv), and the action taken by the board, if any, against an agency not in compliance.
127.5 		Subd. 4.Licensing sanctions authorized. (b) The board may impose licensing sanctions 
127.6 	and seek injunctive relief under section 214.11 for an agency's failure to comply with a 
127.7 	requirement imposed on it in statute or rule.

127.8 	Sec. 14. Minnesota Statutes 2020, section 626.8469, subdivision 1, is amended to read:
127.9 		Subdivision 1.In-service training required. (a) Beginning July 1, 2018, the chief law 
127.10 	enforcement officer of every state and local law enforcement agency shall provide in-service 
127.11 	training in crisis intervention and mental illness crises; conflict management and mediation; 
127.12 	and recognizing and valuing community diversity and cultural differences to include implicit 
127.13 	bias training; and training to assist peace officers in identifying, responding to, and reporting 
127.14 	crimes committed in whole or in part because of the victim's actual or perceived race, 
127.15 	religion, national origin, sex, age, disability, or characteristics identified as sexual orientation
127.16 	to every peace officer and part-time peace officer employed by the agency. The training 
127.17 	shall comply with learning objectives developed and approved by the board and shall meet 
127.18 	board requirements for board-approved continuing education credit. Every three years the 
127.19 	board shall review the learning objectives and must consult and collaborate with the 
127.20 	commissioner of human rights in identifying appropriate objectives and training courses 
127.21 	related to identifying, responding to, and reporting crimes committed in whole or in part 
127.22 	because of the victim's or another's actual or perceived race, color, ethnicity, religion, 
127.23 	national origin, sex, gender, sexual orientation, gender identity, gender expression, age, 
127.24 	national origin, or disability as defined in section 363A.03, or characteristics identified as 
127.25 	sexual orientation because of the victim's actual or perceived association with another person 
127.26 	or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual 
127.27 	orientation, gender identity, gender expression, age, national origin, or disability as defined 
127.28 	in section 363A.03. The training shall consist of at least 16 continuing education credits 
127.29 	within an officer's three-year licensing cycle. Each peace officer with a license renewal date 
127.30 	after June 30, 2018, is not required to complete this training until the officer's next full 
127.31 	three-year licensing cycle.
127.32 	(b) Beginning July 1, 2021, the training mandated under paragraph (a) must be provided 
127.33 	by an approved entity. The board shall create a list of approved entities and training courses 
127.34 	and make the list available to the chief law enforcement officer of every state and local law 
128.1 	enforcement agency. Each peace officer (1) with a license renewal date before June 30, 
128.2 	2022, and (2) who received the training mandated under paragraph (a) before July 1, 2021, 
128.3 	is not required to receive this training by an approved entity until the officer's next full 
128.4 	three-year licensing cycle.
128.5 	(c) For every peace officer and part-time peace officer with a license renewal date of 
128.6 	June 30, 2022, or later, the training mandated under paragraph (a) must:
128.7 	(1) include a minimum of six hours for crisis intervention and mental illness crisis 
128.8 	training that meets the standards established in subdivision 1a; and
128.9 	(2) include a minimum of four hours to ensure safer interactions between peace officers 
128.10 	and persons with autism in compliance with section 626.8474.

128.11 	Sec. 15. Minnesota Statutes 2020, section 626.8469, is amended by adding a subdivision 
128.12 	to read:
128.13 		Subd. 1b.Crisis intervention and mental illness crisis training; dementia and 
128.14 	Alzheimer's. The board, in consultation with stakeholders, including but not limited to the 
128.15 	Minnesota Crisis Intervention Team and the Alzheimer's Association, shall create a list of 
128.16 	approved entities and training courses primarily focused on issues associated with persons 
128.17 	with dementia and Alzheimer's disease. To receive the board's approval, a training course 
128.18 	must:
128.19 	(1) have trainers with at least two years of direct care of a person with Alzheimer's 
128.20 	disease or dementia, crisis intervention training, and mental health experience;
128.21 	(2) cover techniques for responding to and issues associated with persons with dementia 
128.22 	and Alzheimer's disease, including at a minimum wandering, driving, abuse, and neglect; 
128.23 	and
128.24 	(3) meet the crisis intervention and mental illness crisis training standards established 
128.25 	in subdivision 1a.

128.26 	Sec. 16. Minnesota Statutes 2020, section 626.8473, subdivision 3, is amended to read:
128.27 		Subd. 3.Written policies and procedures required. (a) The chief officer of every state 
128.28 	and local law enforcement agency that uses or proposes to use a portable recording system 
128.29 	must establish and enforce a written policy governing its use. In developing and adopting 
128.30 	the policy, the law enforcement agency must provide for public comment and input as 
128.31 	provided in subdivision 2. Use of a portable recording system without adoption of a written 
129.1 	policy meeting the requirements of this section is prohibited. The written policy must be 
129.2 	posted on the agency's website, if the agency has a website.
129.3 	(b) At a minimum, the written policy must incorporate the following:
129.4 	(1) the requirements of section 13.825 and other data classifications, access procedures, 
129.5 	retention policies, and data security safeguards that, at a minimum, meet the requirements 
129.6 	of chapter 13 and other applicable law. The policy must prohibit altering, erasing, or 
129.7 	destroying any recording made with a peace officer's portable recording system or data and 
129.8 	metadata related to the recording prior to the expiration of the applicable retention period 
129.9 	under section 13.825, subdivision 3, except that the full, unedited and unredacted recording 
129.10 	of a peace officer using deadly force must be maintained indefinitely;
129.11 	(2) mandate that a deceased individual's next of kin, legal representative of the next of 
129.12 	kin, or other parent of the deceased individual's children be entitled to view any and all 
129.13 	recordings from a peace officer's portable recording system, redacted no more than what is 
129.14 	required by law, of an officer's use of deadly force no later than 48 hours after an incident 
129.15 	where deadly force used by a peace officer results in death of an individual, except that a 
129.16 	chief law enforcement officer may deny a request if investigators can articulate a compelling 
129.17 	reason as to why allowing the deceased individual's next of kin, legal representative of the 
129.18 	next of kin, or other parent of the deceased individual's children to review the recordings 
129.19 	would interfere with the agency conducting a thorough investigation. If the chief law 
129.20 	enforcement officer denies a request under this provision, the agency's policy must require 
129.21 	the chief law enforcement officer to issue a prompt, written denial and provide notice to 
129.22 	the deceased individual's next of kin, legal representative of the next of kin, or other parent 
129.23 	of the deceased individual's children that they may seek relief from the district court;
129.24 	(3) mandate release of all recordings of an incident where a peace officer used deadly 
129.25 	force and an individual dies to the deceased individual's next of kin, legal representative of 
129.26 	the next of kin, and other parent of the deceased individual's children no later than 90 days 
129.27 	after the incident;
129.28 	(4) procedures for testing the portable recording system to ensure adequate functioning;
129.29 	(3) (5) procedures to address a system malfunction or failure, including requirements 
129.30 	for documentation by the officer using the system at the time of a malfunction or failure;
129.31 	(4) (6) circumstances under which recording is mandatory, prohibited, or at the discretion 
129.32 	of the officer using the system;
129.33 	(5) (7) circumstances under which a data subject must be given notice of a recording;
130.1 	(6) (8) circumstances under which a recording may be ended while an investigation, 
130.2 	response, or incident is ongoing;
130.3 	(7) (9) procedures for the secure storage of portable recording system data and the 
130.4 	creation of backup copies of the data; and
130.5 	(8) (10) procedures to ensure compliance and address violations of the policy, which 
130.6 	must include, at a minimum, supervisory or internal audits and reviews, and the employee 
130.7 	discipline standards for unauthorized access to data contained in section 13.09.

130.8 	Sec. 17. Minnesota Statutes 2020, section 626.8475, is amended to read:
130.9 	626.8475 DUTY TO INTERCEDE AND REPORT.
130.10 	(a) Regardless of tenure or rank, a peace officer must intercede when:
130.11 	(1) present and observing another peace officer using force in violation of section 609.066, 
130.12 	subdivision 2, or otherwise beyond that which is objectively reasonable under the 
130.13 	circumstances; and
130.14 	(2) physically or verbally able to do so.
130.15 	(b) A peace officer who observes another employee or peace officer use force that 
130.16 	exceeds the degree of force permitted by law has the duty to report the incident in writing 
130.17 	within 24 hours to the chief law enforcement officer of the agency that employs the reporting 
130.18 	peace officer. A chief law enforcement officer who receives a report under this section must 
130.19 	report the incident to the board on the form adopted by the board pursuant to paragraph (d).
130.20 	(c) A peace officer who breaches a duty established in this subdivision is subject to 
130.21 	discipline by the board under Minnesota Rules, part 6700.1600.
130.22 	(d) The board shall adopt a reporting form to be used by law enforcement agencies in 
130.23 	making the reports required under this section. The reports must include for each incident 
130.24 	all of the following:
130.25 	(1) the name of the officer accused of using excessive force;
130.26 	(2) the date of the incident;
130.27 	(3) the location of the incident;
130.28 	(4) the name of the person who was subjected to excessive force, if known; and
130.29 	(5) a description of the force used in the incident.
130.30 	Reports received by the board are licensing data governed by section 13.41.
131.1 	(e) A peace officer who breaches a duty established in this section is subject to discipline 
131.2 	by the board under Minnesota Rules, part 6700.1600.

131.3 	Sec. 18. [626.8476] CONFIDENTIAL INFORMANTS; REQUIRED POLICY AND 
131.4 	TRAINING.
131.5 		Subdivision 1.Definitions. (a) For the purposes of this section, the terms in this 
131.6 	subdivision have the meanings given them.
131.7 	(b) "Confidential informant" means a person who cooperates with a law enforcement 
131.8 	agency confidentially in order to protect the person or the agency's intelligence gathering 
131.9 	or investigative efforts and:
131.10 	(1) seeks to avoid arrest or prosecution for a crime, mitigate punishment for a crime in 
131.11 	which a sentence will be or has been imposed, or receive a monetary or other benefit; and
131.12 	(2) is able, by reason of the person's familiarity or close association with suspected 
131.13 	criminals, to:
131.14 	(i) make a controlled buy or controlled sale of contraband, controlled substances, or 
131.15 	other items that are material to a criminal investigation;
131.16 	(ii) supply regular or constant information about suspected or actual criminal activities 
131.17 	to a law enforcement agency; or
131.18 	(iii) otherwise provide information important to ongoing criminal intelligence gathering 
131.19 	or criminal investigative efforts.
131.20 	(c) "Controlled buy" means the purchase of contraband, controlled substances, or other 
131.21 	items that are material to a criminal investigation from a target offender that is initiated, 
131.22 	managed, overseen, or participated in by law enforcement personnel with the knowledge 
131.23 	of a confidential informant.
131.24 	(d) "Controlled sale" means the sale of contraband, controlled substances, or other items 
131.25 	that are material to a criminal investigation to a target offender that is initiated, managed, 
131.26 	overseen, or participated in by law enforcement personnel with the knowledge of a 
131.27 	confidential informant.
131.28 	(e) "Mental harm" means a psychological injury that is not necessarily permanent but 
131.29 	results in visibly demonstrable manifestations of a disorder of thought or mood that impairs 
131.30 	a person's judgment or behavior.
131.31 	(f) "Target offender" means the person suspected by law enforcement personnel to be 
131.32 	implicated in criminal acts by the activities of a confidential informant.
132.1 		Subd. 2.Model policy. (a) By January 1, 2022, the board shall adopt a model policy 
132.2 	addressing the use of confidential informants by law enforcement. The model policy must 
132.3 	establish policies and procedures for the recruitment, control, and use of confidential 
132.4 	informants. In developing the policy, the board shall consult with representatives of the 
132.5 	Bureau of Criminal Apprehension, Minnesota Police Chiefs Association, Minnesota Sheriff's 
132.6 	Association, Minnesota Police and Peace Officers Association, Minnesota County Attorneys 
132.7 	Association, treatment centers for substance abuse, and mental health organizations. The 
132.8 	model policy must include, at a minimum, the following:
132.9 	(1) information that the law enforcement agency shall maintain about each confidential 
132.10 	informant that must include, at a minimum, an emergency contact for the informant in the 
132.11 	event of the informant's physical or mental harm or death;
132.12 	(2) a process to advise a confidential informant of conditions, restrictions, and procedures 
132.13 	associated with participating in the agency's investigative or intelligence gathering activities;
132.14 	(3) procedures for compensation to an informant that is commensurate with the value 
132.15 	of the services and information provided and based on the level of the targeted offender, 
132.16 	the amount of any seizure, and the significance of contributions made by the informant;
132.17 	(4) designated supervisory or command-level review and oversight in the use of a 
132.18 	confidential informant;
132.19 	(5) consultation with the informant's probation, parole, or supervised release agent, if 
132.20 	any;
132.21 	(6) limits or restrictions on off-duty association or social relationships by law enforcement 
132.22 	agency personnel with a confidential informant;
132.23 	(7) limits or restrictions on the potential exclusion of an informant from engaging in a 
132.24 	controlled buy or sale of a controlled substance if the informant is known by the law 
132.25 	enforcement agency to: (i) be receiving in-patient or out-patient treatment administered by 
132.26 	a licensed service provider for substance abuse; (ii) be participating in a treatment-based 
132.27 	drug court program; or (iii) have experienced a drug overdose within the past year;
132.28 	(8) exclusion of an informant under the age of 18 years from participating in a controlled 
132.29 	buy or sale of a controlled substance without the written consent of a parent or legal guardian, 
132.30 	except that the informant may provide confidential information to a law enforcement agency;
132.31 	(9) consideration of an informant's diagnosis of mental illness, substance abuse, or 
132.32 	disability, and history of mental illness, substance abuse, or disability;
133.1 	(10) guidelines for the law enforcement agency to consider if the agency decides to 
133.2 	establish a procedure to request an advocate from the county social services agency for an 
133.3 	informant if the informant is an addict in recovery or possesses a physical or mental infirmity 
133.4 	or other physical, mental, or emotional dysfunction that impairs the informant's ability to 
133.5 	understand instructions and make informed decisions, where the agency determines this 
133.6 	process does not place the informant in any danger;
133.7 	(11) guidelines for the law enforcement agency to use to encourage prospective and 
133.8 	current confidential informants who are known to be substance abusers or to be at risk for 
133.9 	substance abuse to seek prevention or treatment services;
133.10 	(12) reasonable protective measures for a confidential informant when law enforcement 
133.11 	knows or should have known of a risk or threat of harm to a person serving as a confidential 
133.12 	informant and the risk or threat of harm is a result of the informant's service to the law 
133.13 	enforcement agency;
133.14 	(13) guidelines for the training and briefing of a confidential informant;
133.15 	(14) reasonable procedures to help protect the identity of a confidential informant during 
133.16 	the time the person is acting as an informant;
133.17 	(15) procedures to deactivate a confidential informant that maintain the safety and 
133.18 	anonymity of the informant;
133.19 	(16) optional procedures that the law enforcement agency may adopt relating to 
133.20 	deactivated confidential informants to offer and provide assistance to them with physical, 
133.21 	mental, or emotional health services;
133.22 	(17) a process to evaluate and report the criminal history and propensity for violence of 
133.23 	any target offenders; and
133.24 	(18) guidelines for a written agreement between the confidential informant and the law 
133.25 	enforcement agency that take into consideration, at a minimum, an informant's physical or 
133.26 	mental infirmity or other physical, mental, or emotional dysfunction that impairs the 
133.27 	informant's ability to knowingly contract or otherwise protect the informant's self-interest.
133.28 	(b) The board shall annually review and, as necessary, revise the model confidential 
133.29 	informant policy in collaboration with representatives from the organizations listed under 
133.30 	paragraph (a).
133.31 		Subd. 3.Agency policies required. (a) The chief law enforcement officer of every state 
133.32 	and local law enforcement agency must establish and enforce a written policy governing 
133.33 	the use of confidential informants. The policy must be identical or, at a minimum, 
134.1 	substantially similar to the new or revised model policy adopted by the board under 
134.2 	subdivision 2.
134.3 	(b) Every state and local law enforcement agency must certify annually to the board that 
134.4 	it has adopted a written policy in compliance with the board's model confidential informant 
134.5 	policy.
134.6 	(c) The board shall assist the chief law enforcement officer of each state and local law 
134.7 	enforcement agency in developing and implementing confidential informant policies under 
134.8 	this subdivision.
134.9 		Subd. 4.Required in-service training. The chief law enforcement officer of every state 
134.10 	and local law enforcement agency shall provide in-service training in the recruitment, 
134.11 	control, and use of confidential informants to every peace officer and part-time peace officer 
134.12 	employed by the agency who the chief law enforcement officer determines is involved in 
134.13 	working with confidential informants given the officer's responsibilities. The training shall 
134.14 	comply with learning objectives based on the policies and procedures of the model policy 
134.15 	developed and approved by the board.
134.16 		Subd. 5.Compliance reviews. The board has the authority to inspect state and local 
134.17 	agency policies to ensure compliance with this section. The board may conduct the inspection 
134.18 	based upon a complaint it receives about a particular agency or through a random selection 
134.19 	process.
134.20 		Subd. 6.Licensing sanctions; injunctive relief. The board may impose licensing 
134.21 	sanctions and seek injunctive relief under section 214.11 for failure to comply with the 
134.22 	requirements of this section.
134.23 		Subd. 7.Title. This section shall be known as "Matthew's Law."

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

134.25 	Sec. 19. [626.8477] INVESTIGATING HUMAN TRAFFICKING CASES; POLICIES 
134.26 	REQUIRED.
134.27 		Subdivision 1.Model policy required. By December 15, 2021, the board, in consultation 
134.28 	with the statewide human trafficking investigation coordinator defined in section 299A.873, 
134.29 	as well as other interested parties including the Bureau of Criminal Apprehension, the 
134.30 	Human Trafficking Investigators Task Force, representatives of other sex trafficking task 
134.31 	forces, prosecutors, and Minnesota victim advocacy groups, must develop and distribute to 
134.32 	all chief law enforcement officers a comprehensive model policy for law enforcement 
134.33 	investigations of human trafficking cases, including sex trafficking and labor trafficking, 
135.1 	that are victim-centered and takes into account best practices, including the Safe Harbor 
135.2 	Protocol Guidelines developed pursuant to legislative appropriation, and ensures a thorough 
135.3 	investigation of these cases and that victims are treated respectfully.
135.4 		Subd. 2.Agency policies required. (a) By March 15, 2022, the chief law enforcement 
135.5 	officer of every state and local law enforcement agency must establish and enforce a written 
135.6 	policy governing the investigation of human trafficking cases within the agency that is 
135.7 	identical or substantially similar to the board's model policy described in subdivision 1. The 
135.8 	chief law enforcement officer must ensure that each peace officer investigating a human 
135.9 	trafficking case follows the agency's policy.
135.10 	(b) Every state and local law enforcement agency must certify to the board that it has 
135.11 	adopted a written policy in compliance with this subdivision.
135.12 	(c) The board must assist the chief law enforcement officer of each state and local law 
135.13 	enforcement agency in developing and implementing policies under this subdivision.

135.14 	Sec. 20. [626.8478] PUBLIC ASSEMBLY RESPONSE; POLICIES REQUIRED.
135.15 		Subdivision 1.Model policy required. By December 15, 2021, the board must develop 
135.16 	a comprehensive model policy on responding to public assemblies. The policy must be 
135.17 	based on best practices in public assembly response drawn from both domestic and 
135.18 	international sources. In developing the policy, the board must consult with representatives 
135.19 	of the Bureau of Criminal Apprehension, Minnesota Police Chiefs Association, Minnesota 
135.20 	Sheriffs' Association, Minnesota Police and Peace Officers Association, Minnesota County 
135.21 	Attorneys Association, a nonprofit that organizes public assemblies, a nonprofit that provides 
135.22 	legal services to defend the rights of those who participate in public assemblies, and other 
135.23 	interested parties. The board must distribute the model policy to all chief law enforcement 
135.24 	officers.
135.25 		Subd. 2.Agency policies required. (a) By March 15, 2022, each chief law enforcement 
135.26 	officer must establish and implement a written policy on public assembly response that is 
135.27 	identical or substantially similar to the board's model policy described in subdivision 1. The 
135.28 	policy shall include specific actions to be taken during a public assembly response.
135.29 	(b) The board must assist the chief law enforcement officer of each state and local law 
135.30 	enforcement agency in developing and implementing policies under this subdivision.
135.31 		Subd. 3.Available resources. If an agency, board, or local representative reviews or 
135.32 	updates its policies on public assembly response, it may consider the advice and counsel of 
135.33 	nonprofits that organize public assemblies.
136.1 		Subd. 4.Compliance reviews authorized. The board has authority to inspect state and 
136.2 	local law enforcement agency policies to ensure compliance with subdivision 2. The board 
136.3 	may conduct this inspection based upon a complaint it receives about a particular agency 
136.4 	or through a random selection process. The board must conduct a compliance review after 
136.5 	any major public safety event. The board may impose licensing sanctions and seek injunctive 
136.6 	relief under section 214.11 for an agency's failure to comply with subdivision 2.

136.7 	Sec. 21. Minnesota Statutes 2020, section 626.89, subdivision 2, is amended to read:
136.8 		Subd. 2.Applicability. The procedures and provisions of this section apply to law 
136.9 	enforcement agencies and government units. The procedures and provisions of this section 
136.10 	do not apply to:
136.11 	(1) investigations by civilian review boards, commissions, or other oversight bodies; or
136.12 	(2) investigations of criminal charges against an officer.

136.13 	Sec. 22. Minnesota Statutes 2020, section 626.89, subdivision 17, is amended to read:
136.14 		Subd. 17.Civilian review. (a) As used in this subdivision, the following terms have the 
136.15 	meanings given them:
136.16 	(1) "civilian oversight council" means a civilian review board, commission, or other 
136.17 	oversight body established by a local unit of government to provide civilian oversight of a 
136.18 	law enforcement agency and officers employed by the agency; and
136.19 	(2) "misconduct" means a violation of law, standards promulgated by the Peace Officer 
136.20 	Standards and Training Board, or agency policy.
136.21 	(b) A local unit of government may establish a civilian review board, commission, or 
136.22 	other oversight body shall not have council and grant the council the authority to make a 
136.23 	finding of fact or determination regarding a complaint against an officer or impose discipline 
136.24 	on an officer. A civilian review board, commission, or other oversight body may make a 
136.25 	recommendation regarding the merits of a complaint, however, the recommendation shall 
136.26 	be advisory only and shall not be binding on nor limit the authority of the chief law 
136.27 	enforcement officer of any unit of government.
136.28 	(c) At the conclusion of any criminal investigation or prosecution, if any, a civilian 
136.29 	oversight council may conduct an investigation into allegations of peace officer misconduct 
136.30 	and retain an investigator to facilitate an investigation. Subject to other applicable law, a 
136.31 	council may subpoena or compel testimony and documents in an investigation. Upon 
136.32 	completion of an investigation, a council may make a finding of misconduct and recommend 
137.1 	appropriate discipline against peace officers employed by the agency. If the governing body 
137.2 	grants a council the authority, the council may impose discipline on peace officers employed 
137.3 	by the agency. A council shall submit investigation reports that contain findings of peace 
137.4 	officer misconduct to the chief law enforcement officer and the Peace Officer Standards 
137.5 	and Training Board's complaint committee. A council may also make policy 
137.6 	recommendations to the chief law enforcement officer and the Peace Officer Standards and 
137.7 	Training Board.
137.8 	(d) The chief law enforcement officer of a law enforcement agency under the jurisdiction 
137.9 	of a civilian oversight council shall cooperate with the council and facilitate the council's 
137.10 	achievement of its goals. However, the officer is under no obligation to agree with individual 
137.11 	recommendations of the council and may oppose a recommendation. If the officer fails to 
137.12 	implement a recommendation that is within the officer's authority, the officer shall inform 
137.13 	the council of the failure along with the officer's underlying reasons.
137.14 	(e) Peace officer discipline decisions imposed pursuant to the authority granted under 
137.15 	this subdivision shall be subject to the applicable grievance procedure established or agreed 
137.16 	to under chapter 179A.
137.17 	(f) Data collected, created, received, maintained, or disseminated by a civilian oversight 
137.18 	council related to an investigation of a peace officer are personnel data as defined by section 
137.19 	13.43, subdivision 1, and are governed by that section.

137.20 	Sec. 23. Minnesota Statutes 2020, section 626.93, is amended by adding a subdivision to 
137.21 	read:
137.22 		Subd. 8.Exception; Leech Lake Band of Ojibwe. Notwithstanding any contrary 
137.23 	provision in subdivision 3 or 4, the Leech Lake Band of Ojibwe has concurrent jurisdictional 
137.24 	authority under this section with the local county sheriff within the geographical boundaries 
137.25 	of the band's reservation to enforce state criminal law if the requirements of subdivision 2 
137.26 	are met, regardless of whether a cooperative agreement pursuant to subdivision 4 is entered 
137.27 	into.

138.1 	Sec. 24. Laws 2020, Fifth Special Session chapter 3, article 9, section 6, is amended to 
138.2 	read:
138.3 	Sec. 6. STATE PATROL TROOPER LAW ENFORCEMENT SALARY INCREASE
138.4 	INCREASES.
 138.5 	Notwithstanding any law to the contrary, salary increases shall apply to the following 
138.6 	employees whose exclusive representative is the Minnesota Law Enforcement Association:
138.7 	(1) the commissioner of public safety must increase the salary paid to state patrol troopers, 
138.8 	Bureau of Criminal Apprehension agents, and special agents in the gambling enforcement 
138.9 	division by 8.4 percent.;
138.10 	(2) the commissioner of natural resources must increase the salary paid to conservation 
138.11 	officers by 8.4 percent;
138.12 	(3) the commissioner of corrections must increase the salary paid to fugitive specialists 
138.13 	by 8.4 percent; and
138.14 	(4) the commissioner of commerce must increase the salary paid to commerce insurance 
138.15 	fraud specialists by 8.4 percent.

138.16 	EFFECTIVE DATE. This section is effective retroactively from October 22, 2020.

138.17 	Sec. 25. RULEMAKING AUTHORITY.
 138.18 	The executive director of the Peace Officer Standards and Training Board may adopt 
138.19 	rules to carry out the purposes of section 3.

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

138.21 	Sec. 26. GRANT PROGRAM FOR PUBLIC SAFETY POLICY AND TRAINING 
138.22 	CONSULTANT COSTS.
 138.23 	(a) The executive director of the Peace Officer Standards and Training Board shall issue 
138.24 	grants to law enforcement agencies to provide reimbursement for the expense of retaining 
138.25 	a board-approved public safety policy and training consultant.
138.26 	(b) The Peace Officer Training and Standards Board shall identify a qualified public 
138.27 	safety policy and training consultant whose expenses would be eligible for reimbursement 
138.28 	under this section. At a minimum, the board must select a consultant who meets the following 
138.29 	criteria:
139.1 	(1) at least 15 years of experience developing and implementing law enforcement policy 
139.2 	and developing and leading law enforcement training;
139.3 	(2) proven experience in developing both local and statewide law enforcement policies 
139.4 	that incorporate current statutory and judicial standards, academic research, and best practices 
139.5 	in policing;
139.6 	(3) proven experience in successfully assisting law enforcement agencies to implement 
139.7 	policing reforms; and
139.8 	(4) proven experience in providing measurable value-added to clients for a competitive 
139.9 	fee.
139.10 	(c) The executive director shall give priority to agencies that do not have a contract with 
139.11 	the consultant selected by the board under paragraph (b). If there are insufficient funds to 
139.12 	fully reimburse each eligible grant applicant, the executive director shall provide a pro rata 
139.13 	share of funds appropriated for this purpose to each eligible law enforcement agency based 
139.14 	on the number of peace officers employed by the agency.

139.15 	Sec. 27. PEACE OFFICER STANDARDS OF CONDUCT; WHITE SUPREMACIST 
139.16 	AFFILIATION AND SUPPORT PROHIBITED.
 139.17 	(a) The Peace Officer Standards and Training Board must revise the peace officer 
139.18 	standards of conduct that the board is mandated to publish and update under Minnesota 
139.19 	Statutes, section 626.843, subdivision 1, clause (6), to prohibit peace officers from affiliating 
139.20 	with, supporting, or advocating for white supremacist groups, causes, or ideologies or 
139.21 	participation in, or active promotion of, an international or domestic extremist group that 
139.22 	the Federal Bureau of Investigation has determined supports or encourages illegal, violent 
139.23 	conduct.
139.24 	(b) For purposes of this section, white supremacist groups, causes, or ideologies include 
139.25 	organizations and associations and ideologies that: promote white supremacy and the idea 
139.26 	that white people are superior to Black, Indigenous, and people of color (BIPOC), promote 
139.27 	religious and racial bigotry, or seek to exacerbate racial and ethnic tensions between BIPOC 
139.28 	and non-BIPOC or engage in patently hateful and inflammatory speech, intimidation, and 
139.29 	violence against BIPOC as means of promoting white supremacy.

140.1 	ARTICLE 11
140.2 	CORRECTIONS AND COMMUNITY SUPERVISION

140.3 	Section 1. Minnesota Statutes 2020, section 152.32, is amended by adding a subdivision 
140.4 	to read:
140.5 		Subd. 4.Probation; supervised release. (a) A court shall not prohibit a person from 
140.6 	participating in the registry program under sections 152.22 to 152.37 as a condition of 
140.7 	probation, parole, pretrial conditional release, or supervised release or revoke a patient's 
140.8 	probation, parole, pretrial conditional release, or supervised release or otherwise sanction 
140.9 	a patient on probation, parole, pretrial conditional release, or supervised release, nor weigh 
140.10 	participation in the registry program, or positive drug test for cannabis components or 
140.11 	metabolites by registry participants, or both, as a factor when considering penalties for 
140.12 	violations of probation, parole, pretrial conditional release, or supervised release.
140.13 	(b) The commissioner of corrections, probation agent, or parole officer shall not prohibit 
140.14 	a person from participating in the registry program under sections 152.22 to 152.37 as a 
140.15 	condition of parole, supervised release, or conditional release or revoke a patient's parole, 
140.16 	supervised release, or conditional release or otherwise sanction a patient on parole, supervised 
140.17 	release, or conditional release solely for participating in the registry program or for a positive 
140.18 	drug test for cannabis components or metabolites.

140.19 	Sec. 2. Minnesota Statutes 2020, section 171.06, subdivision 3, is amended to read:
140.20 		Subd. 3.Contents of application; other information. (a) An application must:
140.21 	(1) state the full name, date of birth, sex, and either (i) the residence address of the 
140.22 	applicant, or (ii) designated address under section 5B.05;
140.23 	(2) as may be required by the commissioner, contain a description of the applicant and 
140.24 	any other facts pertaining to the applicant, the applicant's driving privileges, and the 
140.25 	applicant's ability to operate a motor vehicle with safety;
140.26 	(3) state:
140.27 	(i) the applicant's Social Security number; or
140.28 	(ii) if the applicant does not have a Social Security number and is applying for a 
140.29 	Minnesota identification card, instruction permit, or class D provisional or driver's license, 
140.30 	that the applicant certifies that the applicant is not eligible for a Social Security number;
140.31 	(4) contain a notification to the applicant of the availability of a living will/health care 
140.32 	directive designation on the license under section 171.07, subdivision 7; and
141.1 	(5) include a method for the applicant to:
141.2 	(i) request a veteran designation on the license under section 171.07, subdivision 15, 
141.3 	and the driving record under section 171.12, subdivision 5a;
141.4 	(ii) indicate a desire to make an anatomical gift under paragraph (d);
141.5 	(iii) as applicable, designate document retention as provided under section 171.12, 
141.6 	subdivision 3c; and
141.7 	(iv) indicate emergency contacts as provided under section 171.12, subdivision 5b.
141.8 	(b) Applications must be accompanied by satisfactory evidence demonstrating:
141.9 	(1) identity, date of birth, and any legal name change if applicable; and
141.10 	(2) for driver's licenses and Minnesota identification cards that meet all requirements of 
141.11 	the REAL ID Act:
141.12 	(i) principal residence address in Minnesota, including application for a change of address, 
141.13 	unless the applicant provides a designated address under section 5B.05;
141.14 	(ii) Social Security number, or related documentation as applicable; and
141.15 	(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.
141.16 	(c) An application for an enhanced driver's license or enhanced identification card must 
141.17 	be accompanied by:
141.18 	(1) satisfactory evidence demonstrating the applicant's full legal name and United States 
141.19 	citizenship; and
141.20 	(2) a photographic identity document.
141.21 	(d) A valid Department of Corrections or Federal Bureau of Prisons identification card, 
141.22 	containing the applicant's full name, date of birth, and photograph issued to the applicant 
141.23 	is an acceptable form of proof of identity in an application for an identification card, 
141.24 	instruction permit, or driver's license as a secondary document for purposes of Minnesota 
141.25 	Rules, part 7410.0400, and successor rules.

141.26 	Sec. 3. Minnesota Statutes 2020, section 241.01, subdivision 3a, is amended to read:
141.27 		Subd. 3a.Commissioner, powers and duties. The commissioner of corrections has the 
141.28 	following powers and duties:
141.29 	(a) To accept persons committed to the commissioner by the courts of this state for care, 
141.30 	custody, and rehabilitation.
142.1 	(b) To determine the place of confinement of committed persons in a correctional facility 
142.2 	or other facility of the Department of Corrections and to prescribe reasonable conditions 
142.3 	and rules for their employment, conduct, instruction, and discipline within or outside the 
142.4 	facility. After July 1, 2021, the commissioner shall not allow inmates to be housed in facilities 
142.5 	that are not owned and operated by the state, a local unit of government, or a group of local 
142.6 	units of government. Inmates shall not exercise custodial functions or have authority over 
142.7 	other inmates.
142.8 	(c) To administer the money and property of the department.
142.9 	(d) To administer, maintain, and inspect all state correctional facilities.
142.10 	(e) To transfer authorized positions and personnel between state correctional facilities 
142.11 	as necessary to properly staff facilities and programs.
142.12 	(f) To utilize state correctional facilities in the manner deemed to be most efficient and 
142.13 	beneficial to accomplish the purposes of this section, but not to close the Minnesota 
142.14 	Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without 
142.15 	legislative approval. The commissioner may place juveniles and adults at the same state 
142.16 	minimum security correctional facilities, if there is total separation of and no regular contact 
142.17 	between juveniles and adults, except contact incidental to admission, classification, and 
142.18 	mental and physical health care.
142.19 	(g) To organize the department and employ personnel the commissioner deems necessary 
142.20 	to discharge the functions of the department, including a chief executive officer for each 
142.21 	facility under the commissioner's control who shall serve in the unclassified civil service 
142.22 	and may, under the provisions of section 43A.33, be removed only for cause.
142.23 	(h) To define the duties of these employees and to delegate to them any of the 
142.24 	commissioner's powers, duties and responsibilities, subject to the commissioner's control 
142.25 	and the conditions the commissioner prescribes.
142.26 	(i) To annually develop a comprehensive set of goals and objectives designed to clearly 
142.27 	establish the priorities of the Department of Corrections. This report shall be submitted to 
142.28 	the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory 
142.29 	committees.

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

143.1 	Sec. 4. Minnesota Statutes 2020, section 241.016, is amended to read:
143.2 	241.016 ANNUAL PERFORMANCE REPORT REQUIRED.
143.3 		Subdivision 1.BiennialAnnual report. (a) The Department of Corrections shall submit 
143.4 	a performance report to the chairs and ranking minority members of the senate and house 
143.5 	of representatives committees and divisions having jurisdiction over criminal justice funding 
143.6 	by January 15 of each odd-numbered year. The issuance and content of the report must 
143.7 	include the following:
143.8 	(1) department strategic mission, goals, and objectives;
143.9 	(2) the department-wide per diem, adult facility-specific per diems, and an average per 
143.10 	diem, reported in a standard calculated method as outlined in the departmental policies and 
143.11 	procedures;
143.12 	(3) department annual statistics as outlined in the departmental policies and procedures; 
143.13 	and
143.14 	(4) information about prison-based mental health programs, including, but not limited 
143.15 	to, the availability of these programs, participation rates, and completion rates.; and
143.16 	(5) beginning in 2023, a written aggregate of the state correctional facilities security 
143.17 	audit group's recommendations based on each security audit and assessment of a state 
143.18 	correctional facility and the commissioner's responses to the recommendations.
143.19 	(b) The department shall maintain recidivism rates for adult facilities on an annual basis. 
143.20 	In addition, each year the department shall, on an alternating basis, complete a recidivism 
143.21 	analysis of adult facilities, juvenile services, and the community services divisions and 
143.22 	include a three-year recidivism analysis in the report described in paragraph (a). The 
143.23 	recidivism analysis must: (1) assess education programs, vocational programs, treatment 
143.24 	programs, including mental health programs, industry, and employment; and (2) assess 
143.25 	statewide re-entry policies and funding, including postrelease treatment, education, training, 
143.26 	and supervision. In addition, when reporting recidivism for the department's adult and 
143.27 	juvenile facilities, the department shall report on the extent to which offenders it has assessed 
143.28 	as chemically dependent commit new offenses, with separate recidivism rates reported for 
143.29 	persons completing and not completing the department's treatment programs.
143.30 	(c) The department shall maintain annual statistics related to the supervision of extended 
143.31 	jurisdiction juveniles and include those statistics in the report described in paragraph (a). 
143.32 	The statistics must include:
144.1 	(1) the total number and population demographics of individuals under supervision in 
144.2 	adult facilities, juvenile facilities, and the community who were convicted as an extended 
144.3 	jurisdiction juvenile;
144.4 	(2) the number of individuals convicted as an extended jurisdiction juvenile who 
144.5 	successfully completed probation in the previous year;
144.6 	(3) the number of individuals identified in clause (2) for whom the court terminated 
144.7 	jurisdiction before the person became 21 years of age pursuant to section 260B.193, 
144.8 	subdivision 5;
144.9 	(4) the number of individuals convicted as an extended jurisdiction juvenile whose 
144.10 	sentences were executed; and
144.11 	(5) the average length of time individuals convicted as an extended jurisdiction juvenile 
144.12 	spend on probation.

144.13 	Sec. 5. Minnesota Statutes 2020, section 241.021, subdivision 1, is amended to read:
144.14 		Subdivision 1.Correctional facilities; inspection; licensing. (a) Except as provided 
144.15 	in paragraph (b), the commissioner of corrections shall inspect and license all correctional 
144.16 	facilities throughout the state, whether public or private, established and operated for the 
144.17 	detention and confinement of persons detained or confined or incarcerated therein according 
144.18 	to law except to the extent that they are inspected or licensed by other state regulating 
144.19 	agencies. The commissioner shall promulgate pursuant to chapter 14, rules establishing 
144.20 	minimum standards for these facilities with respect to their management, operation, physical 
144.21 	condition, and the security, safety, health, treatment, and discipline of persons detained or
144.22 	confined or incarcerated therein. Commencing September 1, 1980, These minimum standards 
144.23 	shall include but are not limited to specific guidance pertaining to:
144.24 	(1) screening, appraisal, assessment, and treatment for persons confined or incarcerated 
144.25 	in correctional facilities with mental illness or substance use disorders;
144.26 	(2) a policy on the involuntary administration of medications;
144.27 	(3) suicide prevention plans and training;
144.28 	(4) verification of medications in a timely manner;
144.29 	(5) well-being checks;
144.30 	(6) discharge planning, including providing prescribed medications to persons confined 
144.31 	or incarcerated in correctional facilities upon release;
145.1 	(7) a policy on referrals or transfers to medical or mental health care in a noncorrectional 
145.2 	institution;
145.3 	(8) use of segregation and mental health checks;
145.4 	(9) critical incident debriefings;
145.5 	(10) clinical management of substance use disorders;
145.6 	(11) a policy regarding identification of persons with special needs confined or 
145.7 	incarcerated in correctional facilities;
145.8 	(12) a policy regarding the use of telehealth;
145.9 	(13) self-auditing of compliance with minimum standards;
145.10 	(14) information sharing with medical personnel and when medical assessment must be 
145.11 	facilitated;
145.12 	(15) a code of conduct policy for facility staff and annual training;
145.13 	(16) a policy on death review of all circumstances surrounding the death of an individual 
145.14 	committed to the custody of the facility; and
145.15 	(17) dissemination of a rights statement made available to persons confined or 
145.16 	incarcerated in licensed correctional facilities.
145.17 	No individual, corporation, partnership, voluntary association, or other private 
145.18 	organization legally responsible for the operation of a correctional facility may operate the 
145.19 	facility unless licensed by it possesses a current license from the commissioner of corrections. 
145.20 	Private adult correctional facilities shall have the authority of section 624.714, subdivision 
145.21 	13, if the Department of Corrections licenses the facility with such the authority and the 
145.22 	facility meets requirements of section 243.52.
145.23 	The commissioner shall review the correctional facilities described in this subdivision 
145.24 	at least once every biennium two years, except as otherwise provided herein, to determine 
145.25 	compliance with the minimum standards established pursuant according to this subdivision
145.26 	or other law related to minimum standards and conditions of confinement.
145.27 	The commissioner shall grant a license to any facility found to conform to minimum 
145.28 	standards or to any facility which, in the commissioner's judgment, is making satisfactory 
145.29 	progress toward substantial conformity and the standards not being met do not impact the
145.30 	interests and well-being of the persons detained or confined therein or incarcerated in the 
145.31 	facilityare protected. A limited license under subdivision 1a may be issued for purposes of 
145.32 	effectuating a facility closure. The commissioner may grant licensure up to two years. Unless 
146.1 	otherwise specified by statute, all licenses issued under this chapter expire at 12:01 a.m. on 
146.2 	the day after the expiration date stated on the license.
146.3 	The commissioner shall have access to the buildings, grounds, books, records, staff, and 
146.4 	to persons detained or confined or incarcerated in these facilities. The commissioner may 
146.5 	require the officers in charge of these facilities to furnish all information and statistics the 
146.6 	commissioner deems necessary, at a time and place designated by the commissioner.
146.7 	All facility administrators of correctional facilities defined under subdivision 1g are 
146.8 	required to report all deaths of individuals who died while committed to the custody of the 
146.9 	facility, regardless of whether the death occurred at the facility or after removal from the 
146.10 	facility for medical care stemming from an incident or need for medical care at the 
146.11 	correctional facility, as soon as practicable, but no later than 24 hours of receiving knowledge 
146.12 	of the death, including any demographic information as required by the commissioner.
146.13 	All facility administrators of correctional facilities defined under subdivision 1g are 
146.14 	required to report all other emergency or unusual occurrences as defined by rule, including 
146.15 	uses of force by facility staff that result in substantial bodily harm or suicide attempts, to 
146.16 	the commissioner of corrections within ten days from the occurrence, including any 
146.17 	demographic information as required by the commissioner. The commissioner of corrections 
146.18 	shall consult with the Minnesota Sheriffs' Association and a representative from the 
146.19 	Minnesota Association of Community Corrections Act Counties who is responsible for the 
146.20 	operations of an adult correctional facility to define "use of force" that results in substantial 
146.21 	bodily harm for reporting purposes.
146.22 	The commissioner may require that any or all such information be provided through the 
146.23 	Department of Corrections detention information system. The commissioner shall post each 
146.24 	inspection report publicly and on the department's website within 30 days of completing 
146.25 	the inspection. The education program offered in a correctional facility for the detention or
146.26 	confinement or incarceration of juvenile offenders must be approved by the commissioner 
146.27 	of education before the commissioner of corrections may grant a license to the facility.
146.28 	(b) For juvenile facilities licensed by the commissioner of human services, the 
146.29 	commissioner may inspect and certify programs based on certification standards set forth 
146.30 	in Minnesota Rules. For the purpose of this paragraph, "certification" has the meaning given 
146.31 	it in section 245A.02.
146.32 	(c) Any state agency which regulates, inspects, or licenses certain aspects of correctional 
146.33 	facilities shall, insofar as is possible, ensure that the minimum standards it requires are 
146.34 	substantially the same as those required by other state agencies which regulate, inspect, or 
147.1 	license the same aspects of similar types of correctional facilities, although at different 
147.2 	correctional facilities.
147.3 	(d) Nothing in this section shall be construed to limit the commissioner of corrections' 
147.4 	authority to promulgate rules establishing standards of eligibility for counties to receive 
147.5 	funds under sections 401.01 to 401.16, or to require counties to comply with operating 
147.6 	standards the commissioner establishes as a condition precedent for counties to receive that 
147.7 	funding.
147.8 	(e) The department's inspection unit must report directly to a division head outside of 
147.9 	the correctional institutions division.
147.10 	(e) When the commissioner finds that any facility described in paragraph (a), except 
147.11 	foster care facilities for delinquent children and youth as provided in subdivision 2, does 
147.12 	not substantially conform to the minimum standards established by the commissioner and 
147.13 	is not making satisfactory progress toward substantial conformance, the commissioner shall 
147.14 	promptly notify the chief executive officer and the governing board of the facility of the 
147.15 	deficiencies and order that they be remedied within a reasonable period of time. The 
147.16 	commissioner may by written order restrict the use of any facility which does not substantially 
147.17 	conform to minimum standards to prohibit the detention of any person therein for more than 
147.18 	72 hours at one time. When, after due notice and hearing, the commissioner finds that any 
147.19 	facility described in this subdivision, except county jails and lockups as provided in sections 
147.20 	641.26, 642.10, and 642.11, does not conform to minimum standards, or is not making 
147.21 	satisfactory progress toward substantial compliance therewith, the commissioner may issue 
147.22 	an order revoking the license of that facility. After revocation of its license, that facility 
147.23 	shall not be used until its license is renewed. When the commissioner is satisfied that 
147.24 	satisfactory progress towards substantial compliance with minimum standard is being made, 
147.25 	the commissioner may, at the request of the appropriate officials of the affected facility 
147.26 	supported by a written schedule for compliance, grant an extension of time for a period not 
147.27 	to exceed one year.
147.28 	(f) As used in this subdivision, "correctional facility" means any facility, including a 
147.29 	group home, having a residential component, the primary purpose of which is to serve 
147.30 	persons placed therein by a court, court services department, parole authority, or other 
147.31 	correctional agency having dispositional power over persons charged with, convicted, or 
147.32 	adjudicated to be guilty or delinquent.

148.1 	Sec. 6. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to 
148.2 	read:
148.3 		Subd. 1a.Correction order; conditional license. (a) When the commissioner finds that 
148.4 	any facility described in subdivision 1, except foster care facilities for delinquent children 
148.5 	and youth as provided in subdivision 2, does not substantially conform to the minimum 
148.6 	standards established by the commissioner and is not making satisfactory progress toward 
148.7 	substantial conformance and the nonconformance does not present an imminent risk of 
148.8 	life-threatening harm or serious physical injury to the persons confined or incarcerated in 
148.9 	the facility, the commissioner shall promptly notify the facility administrator and the 
148.10 	governing board of the facility of the deficiencies and must issue a correction order or a 
148.11 	conditional license order that the deficiencies be remedied within a reasonable and specified 
148.12 	period of time.
148.13 	The conditional license order may restrict the use of any facility which does not 
148.14 	substantially conform to minimum standards, including imposition of conditions limiting 
148.15 	operation of the facility or parts of the facility, reducing facility capacity, limiting intake, 
148.16 	limiting length of detention for individuals, or imposing detention limitations based on the 
148.17 	needs of the individuals being confined or incarcerated therein.
148.18 	The correction order or conditional license order must clearly state the following:
148.19 	(1) the specific minimum standards violated, noting the implicated rule or law;
148.20 	(2) the findings that constitute a violation of minimum standards;
148.21 	(3) the corrective action needed;
148.22 	(4) time allowed to correct each violation; and
148.23 	(5) if a license is made conditional, the length and terms of the conditional license, any 
148.24 	conditions limiting operation of the facility, and the reasons for making the license 
148.25 	conditional.
148.26 	(b) The facility administrator may request review of the findings noted in the conditional 
148.27 	license order on the grounds that satisfactory progress toward substantial compliance with 
148.28 	minimum standards has been made, supported by evidence of correction, and, if appropriate, 
148.29 	may include a written schedule for compliance. The commissioner shall review the evidence 
148.30 	of correction and the progress made toward substantial compliance with minimum standards 
148.31 	within a reasonable period of time, not to exceed ten business days. When the commissioner 
148.32 	has assurance that satisfactory progress toward substantial compliance with minimum 
149.1 	standards is being made, the commissioner shall lift any conditions limiting operation of 
149.2 	the facility or parts of the facility or remove the conditional license order.
149.3 	(c) Nothing in this section prohibits the commissioner from ordering a revocation under 
149.4 	subdivision 1b prior to issuing a correction order or conditional license order.

149.5 	Sec. 7. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to 
149.6 	read:
149.7 		Subd. 1b.License revocation order. (a) When, after due notice to the facility 
149.8 	administrator of the commissioner's intent to issue a revocation order, the commissioner 
149.9 	finds that any facility described in this subdivision, except county jails and lockups subject 
149.10 	to active condemnation proceedings or orders as provided in sections 641.26, 642.10, and 
149.11 	642.11, does not conform to minimum standards, or is not making satisfactory progress 
149.12 	toward substantial compliance with minimum standards, and the nonconformance does not 
149.13 	present an imminent risk of life-threatening harm or serious physical injury to the persons 
149.14 	confined or incarcerated in the facility, the commissioner may issue an order revoking the 
149.15 	license of that facility.
149.16 	The notice of intent to issue a revocation order shall include:
149.17 	(1) the citation to minimum standards that have been violated;
149.18 	(2) the nature and severity of each violation;
149.19 	(3) whether the violation is recurring or nonrecurring;
149.20 	(4) the effect of the violation on persons confined or incarcerated in the correctional 
149.21 	facility;
149.22 	(5) an evaluation of the risk of harm to persons confined or incarcerated in the correctional 
149.23 	facility;
149.24 	(6) relevant facts, conditions, and circumstances concerning the operation of the licensed 
149.25 	facility, including at a minimum:
149.26 	(i) specific facility deficiencies that endanger the health or safety of persons confined 
149.27 	or incarcerated in the correctional facility;
149.28 	(ii) substantiated complaints relating to the correctional facility; or
149.29 	(iii) any other evidence that the correctional facility is not in compliance with minimum 
149.30 	standards.
150.1 	(b) The facility administrator must submit a written response within 30 days of receipt 
150.2 	of the notice of intent to issue a revocation order with any information related to errors in 
150.3 	the notice, ability to conform to minimum standards within a set period of time including 
150.4 	but not limited to a written schedule for compliance, and any other information the facility 
150.5 	administrator deems relevant for consideration by the commissioner. The written response 
150.6 	must also include a written plan indicating how the correctional facility will ensure the 
150.7 	transfer of confined or incarcerated individuals and records if the correctional facility closes. 
150.8 	Plans must specify arrangements the correctional facility will make to transfer confined or 
150.9 	incarcerated individuals to another licensed correctional facility for continuation of detention.
150.10 	(c) When revoking a license, the commissioner shall consider the nature, chronicity, or 
150.11 	severity of the violation of law or rule and the effect of the violation on the health, safety, 
150.12 	or rights of persons confined or incarcerated in the correctional facility.
150.13 	(d) If the facility administrator does not respond within 30 days to the notice of intent 
150.14 	to issue a revocation order or if the commissioner does not have assurance that satisfactory 
150.15 	progress toward substantial compliance with minimum standards will be made, the 
150.16 	commissioner shall issue a revocation order. The revocation order must be sent to the facility 
150.17 	administrator and the governing board of the facility, clearly stating:
150.18 	(1) the specific minimum standards violated, noting the implicated rule or law;
150.19 	(2) the findings that constitute a violation of minimum standards and the nature, 
150.20 	chronicity, or severity of those violations;
150.21 	(3) the corrective action needed;
150.22 	(4) any prior correction or conditional license orders issued to correct violations; and
150.23 	(5) the date at which the license revocation shall take place.
150.24 	A revocation order may authorize use until a certain date, not to exceed the duration of the 
150.25 	current license, unless a limited license is issued by the commissioner for purposes of 
150.26 	effectuating a facility closure and continued operation does not present an imminent risk 
150.27 	of life-threatening harm or is not likely to result in serious physical injury to the persons 
150.28 	confined or incarcerated in the facility.
150.29 	(e) After revocation of the facility's licensure, that facility shall not be used until the 
150.30 	license is renewed. When the commissioner is satisfied that satisfactory progress toward 
150.31 	substantial compliance with minimum standards is being made, the commissioner may, at 
150.32 	the request of the facility administrator supported by a written schedule for compliance, 
150.33 	reinstate the license.

151.1 	Sec. 8. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to 
151.2 	read:
151.3 		Subd. 1c.Temporary license suspension. The commissioner shall act immediately to 
151.4 	temporarily suspend a license issued under this chapter if:
151.5 	(1) the correctional facility's failure to comply with applicable minimum standards or 
151.6 	the conditions in the correctional facility pose an imminent risk of life-threatening harm or 
151.7 	serious physical injury to persons confined or incarcerated in the facility, staff, law 
151.8 	enforcement, visitors, or the public; and
151.9 	(i) if the imminent risk of life-threatening harm or serious physical injury cannot be 
151.10 	promptly corrected through a different type of order under this section; and
151.11 	(ii) the correctional facility cannot or has not corrected the violation giving rise to the 
151.12 	imminent risk of life-threatening harm or serious physical injury; or
151.13 	(2) while the correctional facility continues to operate pending due notice and opportunity 
151.14 	for written response to the commissioner's notice of intent to issue an order of revocation, 
151.15 	the commissioner identifies one or more subsequent violations of minimum standards which 
151.16 	may adversely affect the health or safety of persons confined or incarcerated in the facility, 
151.17 	staff, law enforcement, visitors, or the public.
151.18 	A notice stating the reasons for the immediate suspension informing the facility 
151.19 	administrator must be delivered by personal service to the correctional facility administrator 
151.20 	and the governing board of the facility.

151.21 	Sec. 9. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to 
151.22 	read:
151.23 		Subd. 1d.Public notice of restriction, revocation, or suspension. If the license of a 
151.24 	facility under this section is revoked or suspended, or use of the facility is restricted for any 
151.25 	reason under a conditional license order, the commissioner shall post the facility, the status 
151.26 	of the facility's license, and the reason for the restriction, revocation, or suspension publicly 
151.27 	and on the department's website.

151.28 	Sec. 10. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision 
151.29 	to read:
151.30 		Subd. 1e.Reconsideration of orders; appeals. (a) If the facility administrator believes 
151.31 	the correction order, conditional license order, or revocation order is in error, the facility 
152.1 	administrator may ask the Department of Corrections to reconsider the parts of the order or 
152.2 	action that are alleged to be in error. The request for reconsideration must:
152.3 	(1) be made in writing;
152.4 	(2) be postmarked and sent to the commissioner no later than 30 calendar days after 
152.5 	receipt of the correction order, conditional license order, or revocation order;
152.6 	(3) specify the parts of the order that are alleged to be in error;
152.7 	(4) explain why the correction order, conditional license order, or revocation order is in 
152.8 	error; and
152.9 	(5) include documentation to support the allegation of error.
152.10 	The commissioner shall issue a disposition within 60 days of receipt of the facility 
152.11 	administrator's response to correction, conditional license, or revocation order violations. 
152.12 	A request for reconsideration does not stay any provisions or requirements of the order.
152.13 	(b) The facility administrator may request reconsideration of an order immediately 
152.14 	suspending a license. The request for reconsideration of an order immediately suspending 
152.15 	a license must be made in writing and sent by certified mail, personal service, or other means 
152.16 	expressly stated in the commissioner's order. If mailed, the request for reconsideration must 
152.17 	be postmarked and sent to the commissioner no later than five business days after the facility 
152.18 	administrator receives notice that the license has been immediately suspended. If a request 
152.19 	is made by personal service, it must be received by the commissioner no later than five 
152.20 	business days after the facility administrator received the order. The request for 
152.21 	reconsideration must:
152.22 	(1) specify the parts of the order that are alleged to be in error;
152.23 	(2) explain why they are in error; and
152.24 	(3) include documentation to support the allegation of error.
152.25 	A facility administrator and the governing board of the facility shall discontinue operation 
152.26 	of the correctional facility upon receipt of the commissioner's order to immediately suspend 
152.27 	the license.
152.28 	(c) Within five business days of receipt of the facility administrator's timely request for 
152.29 	reconsideration of a temporary immediate suspension, the commissioner shall review the 
152.30 	request for reconsideration. The scope of the review shall be limited solely to the issue of 
152.31 	whether the temporary immediate suspension order should remain in effect pending the 
152.32 	written response to commissioner's notice of intent to issue a revocation order.
153.1 	The commissioner's disposition of a request for reconsideration of correction, conditional 
153.2 	license, temporary immediate suspension, or revocation order is final and subject to appeal. 
153.3 	The facility administrator must request reconsideration as required by this section of any 
153.4 	correction, conditional license, temporary immediate suspension, or revocation order prior 
153.5 	to appeal.
153.6 	No later than 60 days after the postmark date of the mailed notice of the commissioner's 
153.7 	decision on a request for reconsideration, the facility administrator may appeal the decision 
153.8 	by filing for a writ of certiorari with the court of appeals under section 606.01 and Minnesota 
153.9 	Rules of Civil Appellate Procedure, Rule 115.

153.10 	Sec. 11. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision 
153.11 	to read:
153.12 		Subd. 1f.Report. By February 15, 2022, and by February 15 each year thereafter, the 
153.13 	commissioner of corrections shall report to the chairs and ranking minority members of the 
153.14 	house of representatives and senate committees and divisions with jurisdiction over public 
153.15 	safety and judiciary on the status of the implementation of the provisions in this section 
153.16 	over the prior year, particularly the health and safety of individuals confined or incarcerated 
153.17 	in a state correctional facility and a facility licensed by the commissioner. This report shall 
153.18 	include but not be limited to data regarding:
153.19 	(1) the number of confined or incarcerated persons who died while committed to the 
153.20 	custody of the facility, regardless of whether the death occurred at the facility or after 
153.21 	removal from the facility for medical care stemming from an incident or need for medical 
153.22 	care at the correctional facility, including aggregated demographic information and the 
153.23 	correctional facilities' most recent inspection reports and any corrective orders or conditional 
153.24 	licenses issued;
153.25 	(2) the aggregated results of the death reviews by facility as required by subdivision 8, 
153.26 	including any implemented policy changes;
153.27 	(3) the number of uses of force by facility staff on persons confined or incarcerated in 
153.28 	the correctional facility, including but not limited to whether those uses of force were 
153.29 	determined to be justified by the facility, for which the commissioner of corrections shall 
153.30 	consult with the Minnesota Sheriffs' Association and a representative from the Minnesota 
153.31 	Association of Community Corrections Act Counties who is responsible for the operations 
153.32 	of an adult correctional facility to develop criteria for reporting and define reportable uses 
153.33 	of force;
154.1 	(4) the number of suicide attempts, number of people transported to a medical facility, 
154.2 	and number of people placed in segregation;
154.3 	(5) the number of persons committed to the commissioner of corrections' custody that 
154.4 	the commissioner is housing in facilities licensed under subdivision 1, including but not 
154.5 	limited to:
154.6 	(i) aggregated demographic data of those individuals;
154.7 	(ii) length of time spent housed in a licensed correctional facility; and
154.8 	(iii) any contracts the Department of Corrections has with correctional facilities to provide 
154.9 	housing; and
154.10 	(6) summary data from state correctional facilities regarding complaints involving alleged 
154.11 	on-duty staff misconduct, including but not limited to the:
154.12 	(i) total number of misconduct complaints and investigations;
154.13 	(ii) total number of complaints by each category of misconduct, as defined by the 
154.14 	commissioner of corrections;
154.15 	(iii) number of allegations dismissed as unfounded;
154.16 	(iv) number of allegations dismissed on grounds that the allegation was unsubstantiated; 
154.17 	and
154.18 	(v) number of allegations substantiated, any resulting disciplinary action, and the nature 
154.19 	of the discipline.

154.20 	Sec. 12. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision 
154.21 	to read:
154.22 		Subd. 1g.Biennial assessment and audit of security practices; state correctional 
154.23 	facilities. (a) Beginning in 2022, the commissioner shall have the department's inspection 
154.24 	unit conduct biennial security audits of each state correctional facility using the standards 
154.25 	promulgated by the state correctional facilities security audit group. The unit must prepare 
154.26 	a report for each assessment and audit and submit the report to the state correctional facilities 
154.27 	security audit group within 30 days of completion of the audit.
154.28 	(b) Corrections and detention confidential data, as defined in section 13.85, subdivision 
154.29 	3, that is contained in reports and records of the group maintain that classification, regardless 
154.30 	of the data's classification in the hands of the person who provided the data, and are not 
154.31 	subject to discovery or introduction into evidence in a civil or criminal action against the 
155.1 	state arising out of the matters the group is reviewing. Information, documents, and records 
155.2 	otherwise available from other sources are not immune from discovery or use in a civil or 
155.3 	criminal action solely because they were acquired during the group's audit. This section 
155.4 	does not limit a person who presented information to the group or who is a member of the 
155.5 	group from testifying about matters within the person's knowledge. However, in a civil or 
155.6 	criminal proceeding, a person may not be questioned about the person's good faith 
155.7 	presentation of information to the group or opinions formed by the person as a result of the 
155.8 	group's audits.

155.9 	Sec. 13. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision 
155.10 	to read:
155.11 		Subd. 1h.State correctional facilities security audit group. (a) Beginning in fiscal 
155.12 	year 2022, the commissioner shall form a state correctional facilities security audit group. 
155.13 	The group must consist of the following members:
155.14 	(1) a department employee who is not assigned to the correctional institutions division, 
155.15 	appointed by the commissioner;
155.16 	(2) the ombudsperson for corrections;
155.17 	(3) an elected sheriff or designee nominated by the Minnesota Sheriffs Association and 
155.18 	appointed by the commissioner;
155.19 	(4) a physical plant safety consultant, appointed by the governor;
155.20 	(5) a private security consultant with expertise in correctional facility security, appointed 
155.21 	by the governor;
155.22 	(6) two senators, one appointed by the senate majority leader and one appointed by the 
155.23 	minority leader; and
155.24 	(7) two representatives, one appointed by the speaker of the house and one appointed 
155.25 	by the minority leader of the house of representatives.
155.26 	(b) By January 1, 2022, the group shall establish security audit standards for state 
155.27 	correctional facilities. In developing the standards, the group, or individual members of the 
155.28 	group, may gather information from state correctional facilities and state correctional staff 
155.29 	and inmates. The security audit group must periodically review the standards and modify 
155.30 	them as needed. The group must report the standards to the chairs and ranking minority 
155.31 	members of the house of representatives and senate committees with jurisdiction over public 
155.32 	safety policy and finance by February 15, 2022.
156.1 	(c) The group shall review facility audit reports submitted to the group by the agency's 
156.2 	inspection unit. Notwithstanding any law to the contrary, the group is entitled to review the 
156.3 	full audit reports including corrections and detention confidential data. Within 60 days of 
156.4 	receiving an audit report from the department's inspection unit, the group must make 
156.5 	recommendations to the commissioner. Within 45 days of receiving the group's 
156.6 	recommendations, the commissioner must reply in writing to the group's findings and 
156.7 	recommendations. The commissioner's response must explain whether the agency will 
156.8 	implement the group's recommendations, the timeline for implementation of the changes, 
156.9 	and, if not, why the commissioner will not or cannot implement the group's recommendations.
156.10 	(d) Beginning in 2023, the commissioner must include a written aggregate of the group's 
156.11 	recommendations based on each security audit and assessment of a state correctional facility 
156.12 	and the commissioner's responses to the recommendations in the biennial report required 
156.13 	under section 241.016, subdivision 1. The commissioner shall not include corrections and 
156.14 	detention confidential data, as defined in section 13.85, subdivision 3, in the commissioner's 
156.15 	report to the legislature.
156.16 	(e) The commissioner shall provide staffing and administrative support to the group.

156.17 	Sec. 14. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision 
156.18 	to read:
156.19 		Subd. 1i.Definition. As used in this section, "correctional facility" means any facility, 
156.20 	including a group home, having a residential component, the primary purpose of which is 
156.21 	to serve persons placed in facilities by a court, court services department, parole authority, 
156.22 	or other correctional agency having dispositional power over persons charged with, convicted, 
156.23 	or adjudicated guilty or delinquent.

156.24 	Sec. 15. Minnesota Statutes 2020, section 241.021, subdivision 2a, is amended to read:
156.25 		Subd. 2a.Affected municipality; notice. The commissioner must not issue grant a 
156.26 	license without giving 30 calendar days' written notice to any affected municipality or other 
156.27 	political subdivision unless the facility has a licensed capacity of six or fewer persons and 
156.28 	is occupied by either the licensee or the group foster home parents. The notification must 
156.29 	be given before the license is first issuance of a license granted and annually after that time 
156.30 	if annual notification is requested in writing by any affected municipality or other political 
156.31 	subdivision. State funds must not be made available to or be spent by an agency or department 
156.32 	of state, county, or municipal government for payment to a foster care facility licensed under 
156.33 	subdivision 2 until the provisions of this subdivision have been complied with in full.

157.1 	Sec. 16. Minnesota Statutes 2020, section 241.021, subdivision 2b, is amended to read:
157.2 		Subd. 2b.Licensing; facilities; juveniles from outside state. The commissioner may 
157.3 	not:
157.4 	(1) issue grant a license under this section to operate a correctional facility for the 
157.5 	detention or confinement of juvenile offenders if the facility accepts juveniles who reside 
157.6 	outside of Minnesota without an agreement with the entity placing the juvenile at the facility 
157.7 	that obligates the entity to pay the educational expenses of the juvenile; or
157.8 	(2) renew a license under this section to operate a correctional facility for the detention 
157.9 	or confinement of juvenile offenders if the facility accepts juveniles who reside outside of 
157.10 	Minnesota without an agreement with the entity placing the juvenile at the facility that 
157.11 	obligates the entity to pay the educational expenses of the juvenile.

157.12 	Sec. 17. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision 
157.13 	to read:
157.14 		Subd. 2c.Searches. The commissioner shall not grant a license to any county, 
157.15 	municipality, or agency to operate a facility for the detention, care, and training of delinquent 
157.16 	children and youth unless the county, municipality, or agency institutes a policy strictly 
157.17 	prohibiting the visual inspection of breasts, buttocks, or genitalia of children and youth 
157.18 	received by the facility except during a health care procedure conducted by a medically 
157.19 	licensed person.

157.20 	Sec. 18. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision 
157.21 	to read:
157.22 		Subd. 2d.Disciplinary room time. The commissioner shall not grant a license to any 
157.23 	county, municipality, or agency to operate a facility for the detention, care, and training of 
157.24 	delinquent children and youth unless the county, municipality, or agency institutes a policy 
157.25 	strictly prohibiting the use of disciplinary room time for children and youth received by the 
157.26 	facility. Seclusion used in emergency situations as a response to imminent danger to the 
157.27 	resident or others, when less restrictive interventions are determined to be ineffective, is 
157.28 	not a violation of this subdivision.

157.29 	Sec. 19. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision 
157.30 	to read:
157.31 		Subd. 7.Intake release of information. All correctional facilities that confine or 
157.32 	incarcerate adults are required at intake to provide each person an authorization form to 
158.1 	release information related to that person's health or mental health condition and when that 
158.2 	information should be shared. This release form shall allow the individual to select if the 
158.3 	individual wants to require the correctional facility to make attempts to contact the designated 
158.4 	person to facilitate the sharing of health condition information upon incapacitation or if the 
158.5 	individual becomes unable to communicate or direct the sharing of this information, so long 
158.6 	as contact information was provided and the incapacitated individual or individual who is 
158.7 	unable to communicate or direct the sharing of this information is not subject to a court 
158.8 	order prohibiting contact with the designated person.

158.9 	Sec. 20. Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision 
158.10 	to read:
158.11 		Subd. 8.Death review teams. In the event a correctional facility as defined in subdivision 
158.12 	1g receives information of the death of an individual while committed to the custody of the 
158.13 	facility, regardless of whether the death occurred at the facility or after removal from the 
158.14 	facility for medical care stemming from an incident or need for medical care at the 
158.15 	correctional facility, the administrator of the facility, minimally including a medical expert 
158.16 	of the facility's choosing who did not provide medical services to the individual, and, if 
158.17 	appropriate, a mental health expert, shall review the circumstances of the death and assess 
158.18 	for preventable mortality and morbidity, including recommendations for policy or procedure 
158.19 	change, within 90 days of death. The investigating law enforcement agency may provide 
158.20 	documentation, participate in, or provide documentation and participate in the review in 
158.21 	instances where criminal charges were not brought. A preliminary autopsy report must be 
158.22 	provided as part of the review and any subsequent autopsy findings as available. The facility 
158.23 	administrator shall provide notice to the commissioner of corrections via the Department 
158.24 	of Corrections detention information system that the correctional facility has conducted a 
158.25 	review and identify any recommendations for changes in policy, procedure, or training that 
158.26 	will be implemented. Any report or other documentation created for purposes of a facility 
158.27 	death review is confidential as defined in section 13.02, subdivision 3. Nothing in this 
158.28 	section relieves the facility administrator from complying with the notice of death to the 
158.29 	commissioner as required by subdivision 1, paragraph (a).

158.30 	Sec. 21. Minnesota Statutes 2020, section 241.025, subdivision 1, is amended to read:
158.31 		Subdivision 1.Authorization. The commissioner of corrections may appoint peace 
158.32 	officers, as defined in section 626.84, subdivision 1, paragraph (c), who shall serve in the 
158.33 	classified service subject to the provisions of section 43A.01, subdivision 2, and establish 
158.34 	a law enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), known 
159.1 	as the Department of Corrections Fugitive Apprehension Unit, to perform the duties necessary 
159.2 	to make statewide arrests under sections 629.30 and 629.34. The jurisdiction of the law 
159.3 	enforcement agency is limited to primarily the arrest of Department of Corrections' 
159.4 	discretionary and statutory released violators and Department of Corrections' escapees. The 
159.5 	Department of Corrections Fugitive Apprehension Unit may exercise general law enforcement 
159.6 	duties during the course of official duties, including carrying out law enforcement activities 
159.7 	in coordination with the law enforcement agency of jurisdiction, investigating criminal 
159.8 	offenses in agency-operated correctional facilities and surrounding property, and assisting 
159.9 	other law enforcement agencies upon request.

159.10 	Sec. 22. Minnesota Statutes 2020, section 241.025, subdivision 2, is amended to read:
159.11 		Subd. 2.Limitations. The initial processing of a person arrested by the fugitive 
159.12 	apprehension unit for an offense within the agency's jurisdiction is the responsibility of the 
159.13 	fugitive apprehension unit unless otherwise directed by the law enforcement agency with 
159.14 	primary jurisdiction. A subsequent investigation is the responsibility of the law enforcement 
159.15 	agency of the jurisdiction in which a new crime is committed unless the law enforcement 
159.16 	agency authorizes the fugitive apprehension unit to assume the subsequent investigation.
159.17 	At the request of the primary jurisdiction, the fugitive apprehension unit may assist in 
159.18 	subsequent investigations or law enforcement efforts being carried out by the primary 
159.19 	jurisdiction. Persons arrested for violations that the fugitive apprehension unit determines 
159.20 	are not within the agency's jurisdiction must be referred to the appropriate local law 
159.21 	enforcement agency for further investigation or disposition.

159.22 	Sec. 23. Minnesota Statutes 2020, section 241.025, subdivision 3, is amended to read:
159.23 		Subd. 3.Policies. The fugitive apprehension unit must develop and file all policies 
159.24 	required under state law for law enforcement agencies. The fugitive apprehension unit also 
159.25 	must develop a policy for contacting law enforcement agencies in a city or county before 
159.26 	initiating any fugitive surveillance, investigation, or apprehension within the city or county. 
159.27 	These policies must be filed with the board of peace officers standards and training by 
159.28 	November 1, 2000. Revisions of any of these policies must be filed with the board within 
159.29 	ten days of the effective date of the revision. The Department of Corrections shall train all 
159.30 	of its peace officers regarding the application of these policies.

159.31 	Sec. 24. [241.067] RELEASE OF INMATES; DUTIES OF COMMISSIONER.
159.32 		Subdivision 1.Duties upon release. When releasing an inmate from prison, the 
159.33 	commissioner shall provide to the inmate:
160.1 	(1) a copy of the inmate's unofficial criminal history compiled by the department and 
160.2 	marked as unofficial;
160.3 	(2) information on how to obtain the inmate's full official criminal history from the 
160.4 	Bureau of Criminal Apprehension;
160.5 	(3) general information describing the laws and processes for obtaining an expungement 
160.6 	of the inmate's criminal record;
160.7 	(4) general information on the inmate's right to vote;
160.8 	(5) current information on local career workforce centers in the county in which the 
160.9 	inmate will reside and, upon the inmate's request, other counties;
160.10 	(6) a record of the programs that the inmate completed while in prison;
160.11 	(7) an accounting of any court-ordered payments, fines, and fees owed by the inmate 
160.12 	upon release of which the department has knowledge;
160.13 	(8) assistance in obtaining a Social Security card;
160.14 	(9) a medical discharge summary;
160.15 	(10) information on how the inmate may obtain a complete copy of the inmate's medical 
160.16 	record at no charge to the inmate; and
160.17 	(11) general information on the Supplemental Nutrition Assistance Program (SNAP) 
160.18 	benefits, eligibility criteria, and application process.
160.19 		Subd. 2.Assistance relating to birth certificate and identification cards. (a) Upon 
160.20 	the request of an inmate, the commissioner shall assist the inmate in obtaining a copy of 
160.21 	the inmate's birth certificate at no cost to the inmate. This assistance does not apply to 
160.22 	inmates who (1) upon intake have six months or less remaining in their term of imprisonment, 
160.23 	(2) already have an accessible copy of their birth certificate available or other valid 
160.24 	identification, or (3) already have a valid photograph on file with the Department of Public 
160.25 	Safety that may be used as proof of identity for renewing an identification document.
160.26 	(b) The commissioner, in collaboration with the Department of Public Safety, shall 
160.27 	facilitate the provision of a state identification card to an inmate at no cost to the inmate 
160.28 	under the same criteria described in paragraph (a) relating to birth certificates, provided the 
160.29 	inmate possesses the necessary qualifying documents to obtain the card.
160.30 	(c) The commissioner shall inform inmates of the commissioner's duties under paragraphs 
160.31 	(a) and (b) upon intake and again upon the initiation of release planning.
161.1 		Subd. 3.Medical assistance or MinnesotaCare application. At least 45 days before 
161.2 	the scheduled release of an inmate, the commissioner shall offer to assist the inmate in 
161.3 	completing an application for medical assistance or MinnesotaCare and shall provide the 
161.4 	assistance if the inmate accepts the offer.
161.5 		Subd. 4.Medications. (a) When releasing an inmate from prison, the commissioner 
161.6 	shall provide the inmate with a one-month supply of any non-narcotic medications that have 
161.7 	been prescribed to the inmate and a prescription for a 30-day supply of these medications 
161.8 	that may be refilled twice.
161.9 	(b) Paragraph (a) applies only to the extent the requirement is consistent with clinical 
161.10 	guidelines and permitted under state and federal law.
161.11 	(c) Nothing in this subdivision overrides the requirements in section 244.054.
161.12 		Subd. 5.Exception; release violators. Subdivisions 1 to 3 do not apply to inmates who 
161.13 	are being imprisoned for a release violation. Subdivision 4 applies to all inmates being 
161.14 	released.

161.15 	EFFECTIVE DATE. This section is effective September 1, 2021, except that the 
161.16 	requirement in subdivision 1, clause (10), is effective on July 1, 2022.

161.17 	Sec. 25. [241.068] HOMELESSNESS MITIGATION PLAN; ANNUAL REPORTING 
161.18 	ON HOMELESSNESS.
161.19 		Subdivision 1.Homelessness mitigation plan; report. (a) The commissioner of 
161.20 	corrections shall develop and implement a homelessness mitigation plan for individuals 
161.21 	released from prison. At a minimum, the plan must include:
161.22 	(1) redesigning of business practices and policies to boost efforts to prevent homelessness 
161.23 	for all persons released from prison;
161.24 	(2) efforts to increase interagency and intergovernmental collaboration between state 
161.25 	and local governmental units to identify and leverage shared resources; and
161.26 	(3) development of internal metrics for the agency to report on its progress toward 
161.27 	implementing the plan and achieving the plan's goals.
161.28 	(b) The commissioner shall submit the plan to the chairs and ranking minority members 
161.29 	of the legislative committees having jurisdiction over criminal justice policy and finance 
161.30 	by October 31, 2022.
161.31 		Subd. 2.Reporting on individuals released to homelessness. (a) By February 15 of 
161.32 	each year beginning in 2022, the commissioner shall report to the chairs and ranking minority 
162.1 	members of the legislative committees having jurisdiction over criminal justice policy and 
162.2 	finance the following information on adults, disaggregated by race, gender, and county of 
162.3 	release:
162.4 	(1) the total number released to homelessness from prison;
162.5 	(2) the total number released to homelessness by each Minnesota correctional facility;
162.6 	(3) the total number released to homelessness by county of release; and
162.7 	(4) the total number under supervised, intensive supervised, or conditional release 
162.8 	following release from prison who reported experiencing homelessness or a lack of housing 
162.9 	stability.
162.10 	(b) Beginning with the 2024 report and continuing until the 2033 report, the commissioner 
162.11 	shall include in the report required under paragraph (a), information detailing progress, 
162.12 	measures, and challenges to the implementation of the homelessness mitigation plan required 
162.13 	by subdivision 1.

162.14 	EFFECTIVE DATE. This section is effective July, 1, 2021.

162.15 	Sec. 26. Minnesota Statutes 2020, section 243.48, subdivision 1, is amended to read:
162.16 		Subdivision 1.General searches. The commissioner of corrections, the state correctional 
162.17 	facilities audit group, the governor, lieutenant governor, members of the legislature, state 
162.18 	officers, and the ombudsperson for corrections may visit the inmates at pleasure, but no 
162.19 	other persons without permission of the chief executive officer of the facility, under rules 
162.20 	prescribed by the commissioner. A moderate fee may be required of visitors, other than 
162.21 	those allowed to visit at pleasure. All fees so collected shall be reported and remitted to the 
162.22 	commissioner of management and budget under rules as the commissioner may deem proper, 
162.23 	and when so remitted shall be placed to the credit of the general fund.

162.24 	Sec. 27. Minnesota Statutes 2020, section 243.52, is amended to read:
162.25 	243.52 DISCIPLINE; PREVENTION OF ESCAPE; DUTY TO REPORT.
162.26 		Subdivision 1.Discipline and prevention of escape If any inmate of person confined 
162.27 	or incarcerated in any adult correctional facility either under the control of the commissioner 
162.28 	of corrections or licensed by the commissioner of corrections under section 241.021 assaults 
162.29 	any correctional officer or any other person or inmate, the assaulted person may use force 
162.30 	in defense of the assault, except as limited in this section. If any inmate confined or 
162.31 	incarcerated person attempts to damage the buildings or appurtenances, resists the lawful 
163.1 	authority of any correctional officer, refuses to obey the correctional officer's reasonable 
163.2 	demands, or attempts to escape, the correctional officer may enforce obedience and discipline 
163.3 	or prevent escape by the use of force. If any inmate confined or incarcerated person resisting 
163.4 	lawful authority is wounded or killed by the use of force by the correctional officer or 
163.5 	assistants, that conduct is authorized under this section.
163.6 		Subd. 2.Use of force. (a) Use of force must not be applied maliciously or sadistically 
163.7 	for the purpose of causing harm to a confined or incarcerated person.
163.8 	(b) Unless the use of deadly force is justified in this section, a correctional officer working 
163.9 	in a correctional facility as defined in section 241.021 may not use any of the following 
163.10 	restraints:
163.11 	(1) a choke hold;
163.12 	(2) a prone restraint;
163.13 	(3) tying all of a person's limbs together behind the person's back to render the person 
163.14 	immobile; or
163.15 	(4) securing a person in any way that results in transporting the person face down in a 
163.16 	vehicle, except as directed by a medical professional.
163.17 	(c) For the purposes of this subdivision, the following terms have the meanings given 
163.18 	them:
163.19 	(1) "choke hold" means a method by which a person applies sufficient pressure to a 
163.20 	person to make breathing difficult or impossible, and includes but is not limited to any 
163.21 	pressure to the neck, throat, or windpipe that may prevent or hinder breathing or reduce 
163.22 	intake of air. Choke hold also means applying pressure to a person's neck on either side of 
163.23 	the windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the 
163.24 	carotid arteries;
163.25 	(2) "prone restraint" means the use of manual restraint that places a person in a face-down 
163.26 	position; and
163.27 	As used in this section, "use of force" means conduct which is defined by sections 609.06
163.28 	to 609.066. (3) "deadly force" has the meaning given in section 609.066, subdivision 1.
163.29 	(d) Use of deadly force is justified only if an objectively reasonable correctional officer 
163.30 	would believe, based on the totality of the circumstances known to the officer at the time 
163.31 	and without the benefit of hindsight, that deadly force is necessary:
164.1 	(1) to protect the correctional officer or another from death or great bodily harm, provided 
164.2 	that the threat:
164.3 	(i) can be articulated with specificity by the correctional officer;
164.4 	(ii) is reasonably likely to occur absent action by the correctional officer; and
164.5 	(iii) must be addressed through the use of deadly force without unreasonable delay; or
164.6 	(2) to effect the capture or prevent the escape of a person when the officer reasonably 
164.7 	believes that the person will cause death or great bodily harm to another person under the 
164.8 	threat criteria in clause (1), unless immediately apprehended.
164.9 		Subd. 3.Duty to report. (a) Regardless of tenure or rank, staff working in a correctional 
164.10 	facility as defined in section 241.021 who observe another employee engage in neglect or 
164.11 	use force that exceeds the degree of force permitted by law must report the incident in 
164.12 	writing as soon as practicable, but no later than 24 hours to the administrator of the 
164.13 	correctional facility that employs the reporting staff member.
164.14 	(b) A staff member who fails to report neglect or excessive use of force within 24 hours 
164.15 	is subject to disciplinary action or sanction by the correctional facility that employs them. 
164.16 	Staff members shall suffer no reprisal for reporting another staff member engaged in 
164.17 	excessive use of force or neglect.
164.18 	(c) For the purposes of this subdivision, "neglect" means:
164.19 	(1) the knowing failure or omission to supply a person confined or incarcerated in the 
164.20 	facility with care or services, including but not limited to food, clothing, health care, or 
164.21 	supervision that is reasonable and necessary to obtain or maintain the person's physical or 
164.22 	mental health or safety; or
164.23 	(2) the absence or likelihood of absence of care or services, including but not limited to 
164.24 	food, clothing, health care, or supervision necessary to maintain the physical and mental 
164.25 	health of the person that a reasonable person would deem essential for health, safety, or 
164.26 	comfort.

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

164.28 	Sec. 28. [243.95] PRIVATE PRISON CONTRACTS PROHIBITED.
164.29 	The commissioner may not contract with privately owned and operated prisons for the 
164.30 	care, custody, and rehabilitation of offenders committed to the custody of the commissioner.

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

165.1 	Sec. 29. [244.049] INDETERMINATE SENTENCE RELEASE BOARD.
165.2 		Subdivision 1.Establishment; membership. (a) The Indeterminate Sentence Release 
165.3 	Board is established to review eligible cases and make release decisions for inmates serving 
165.4 	indeterminate sentences under the authority of the commissioner.
165.5 	(b) The board shall consist of five members as follows:
165.6 	(1) four persons appointed by the governor from two recommendations of each of the 
165.7 	majority leaders and minority leaders of the house of representatives and the senate; and
165.8 	(2) the commissioner of corrections who shall serve as chair.
165.9 	(c) The members appointed from the legislative recommendations must meet the 
165.10 	following qualifications at a minimum:
165.11 	(1) a bachelor's degree in criminology, corrections, or a related social science, or a law 
165.12 	degree;
165.13 	(2) five years of experience in corrections, a criminal justice or community corrections 
165.14 	field, rehabilitation programming, behavioral health, or criminal law; and
165.15 	(3) demonstrated knowledge of victim issues and correctional processes.
165.16 		Subd. 2.Terms; compensation. (a) Members of the board shall serve four-year staggered 
165.17 	terms except that the terms of the initial members of the board must be as follows:
165.18 	(1) two members must be appointed for terms that expire January 1, 2024; and
165.19 	(2) two members must be appointed for terms that expire January 1, 2026.
165.20 	(b) A member is eligible for reappointment.
165.21 	(c) Vacancies on the board shall be filled in the same manner as the initial appointments 
165.22 	under subdivision 1.
165.23 	(d) Member compensation and removal of members on the board shall be as provided 
165.24 	in section 15.0575.
165.25 		Subd. 3.Quorum; administrative duties. (a) The majority of members constitutes a 
165.26 	quorum.
165.27 	(b) The commissioner of corrections shall provide the board with personnel, supplies, 
165.28 	equipment, office space, and other administrative services necessary and incident to the 
165.29 	discharge of the functions of the board.
166.1 		Subd. 4.Limitation. Nothing in this section supersedes the commissioner's authority 
166.2 	to revoke an inmate's release for a violation of the inmate's terms of release or impairs the 
166.3 	power of the Board of Pardons to grant a pardon or commutation in any case.
166.4 		Subd. 5.Report. On or before February 15 each year, the board shall submit to the 
166.5 	legislative committees with jurisdiction over criminal justice policy a written report detailing 
166.6 	the number of inmates reviewed and identifying persons granted release in the preceding 
166.7 	year. The report shall also include the board's recommendations for policy modifications 
166.8 	that influence the board's duties.

166.9 	Sec. 30. Minnesota Statutes 2020, section 244.05, subdivision 5, is amended to read:
166.10 		Subd. 5.Supervised release, life sentence. (a) The commissioner of corrections board
166.11 	may, under rules promulgated adopted by the commissioner and upon majority vote of the 
166.12 	board members, give supervised release to an inmate serving a mandatory life sentence 
166.13 	under section 609.185, paragraph (a), clause (3), (5), or (6); 609.3455, subdivision 3 or 4; 
166.14 	609.385; or Minnesota Statutes 2004, section 609.109, subdivision 3, after the inmate has 
166.15 	served the minimum term of imprisonment specified in subdivision 4.
166.16 	(b) The commissioner board shall require the preparation of a community investigation 
166.17 	report and shall consider the findings of the report when making a supervised release decision 
166.18 	under this subdivision. The report shall reflect the sentiment of the various elements of the 
166.19 	community toward the inmate, both at the time of the offense and at the present time. The 
166.20 	report shall include the views of the sentencing judge, the prosecutor, any law enforcement 
166.21 	personnel who may have been involved in the case, and any successors to these individuals 
166.22 	who may have information relevant to the supervised release decision. The report shall also 
166.23 	include the views of the victim and the victim's family unless the victim or the victim's 
166.24 	family chooses not to participate.
166.25 	(c) The commissioner shall make reasonable efforts to notify the victim, in advance, of 
166.26 	the time and place of the inmate's supervised release review hearing. The victim has a right 
166.27 	to submit an oral or written statement at the review hearing. The statement may summarize 
166.28 	the harm suffered by the victim as a result of the crime and give the victim's recommendation 
166.29 	on whether the inmate should be given supervised release at this time. The commissioner
166.30 	board must consider the victim's statement when making the supervised release decision.
166.31 	(d) When considering whether to give supervised release to an inmate serving a life 
166.32 	sentence under section 609.3455, subdivision 3 or 4, the commissioner board shall consider, 
166.33 	at a minimum, the following: the risk the inmate poses to the community if released, the 
166.34 	inmate's progress in treatment, the inmate's behavior while incarcerated, psychological or 
167.1 	other diagnostic evaluations of the inmate, the inmate's criminal history, and any other 
167.2 	relevant conduct of the inmate while incarcerated or before incarceration. The commissioner
167.3 	board may not give supervised release to the inmate unless:
167.4 	(1) while in prison:
167.5 	(i) the inmate has successfully completed appropriate sex offender treatment;
167.6 	(ii) the inmate has been assessed for chemical dependency needs and, if appropriate, has 
167.7 	successfully completed chemical dependency treatment; and
167.8 	(iii) the inmate has been assessed for mental health needs and, if appropriate, has 
167.9 	successfully completed mental health treatment; and
167.10 	(2) a comprehensive individual release plan is in place for the inmate that ensures that, 
167.11 	after release, the inmate will have suitable housing and receive appropriate aftercare and 
167.12 	community-based treatment. The comprehensive plan also must include a postprison 
167.13 	employment or education plan for the inmate.
167.14 	(e) As used in this subdivision,:
167.15 	(1) "board" means the Indeterminate Sentence Release Board under section 244.049; 
167.16 	and
167.17 	(2) "victim" means the individual who suffered harm as a result of the inmate's crime 
167.18 	or, if the individual is deceased, the deceased's surviving spouse or next of kin.

167.19 	Sec. 31. Minnesota Statutes 2020, section 244.065, is amended to read:
167.20 	244.065 PRIVATE EMPLOYMENT OF INMATES OR SPECIALIZED 
167.21 	PROGRAMMING FOR PREGNANT INMATES OF STATE CORRECTIONAL 
167.22 	INSTITUTIONS IN COMMUNITY.
167.23 		Subdivision 1.Work. When consistent with the public interest and the public safety, 
167.24 	the commissioner of corrections may conditionally release an inmate to work at paid 
167.25 	employment, seek employment, or participate in a vocational training or educational program, 
167.26 	as provided in section 241.26, if the inmate has served at least one half of the term of 
167.27 	imprisonment.
167.28 		Subd. 2.Pregnancy. (a) In the furtherance of public interest and community safety, the 
167.29 	commissioner of corrections may conditionally release:
167.30 	(1) for up to one year postpartum, an inmate who gave birth within eight months of the 
167.31 	date of commitment; and
168.1 	(2) for the duration of the pregnancy and up to one year postpartum, an inmate who is 
168.2 	pregnant.
168.3 	(b) The commissioner may conditionally release an inmate under paragraph (a) to 
168.4 	community-based programming for the purpose of participation in prenatal or postnatal 
168.5 	care programming and to promote mother-child bonding in addition to other programming 
168.6 	requirements as established by the commissioner, including evidence-based parenting skills 
168.7 	programming; working at paid employment; seeking employment; or participating in 
168.8 	vocational training, an educational program, or chemical dependency or mental health 
168.9 	treatment services.
168.10 	(c) The commissioner shall develop policy and criteria to implement this subdivision 
168.11 	according to public safety and generally accepted correctional practice.
168.12 	(d) By April 1 of each year, the commissioner shall report to the chairs and ranking 
168.13 	minority members of the house of representatives and senate committees with jurisdiction 
168.14 	over corrections on the number of inmates released and the duration of the release under 
168.15 	this subdivision for the prior calendar year.

168.16 	Sec. 32. Minnesota Statutes 2020, section 244.19, subdivision 3, is amended to read:
168.17 		Subd. 3.Powers and duties. All county probation officers serving a district court shall 
168.18 	act under the orders of the court in reference to any person committed to their care by the 
168.19 	court, and in the performance of their duties shall have the general powers of a peace officer; 
168.20 	and it shall be their duty to make such investigations with regard to any person as may be 
168.21 	required by the court before, during, or after the trial or hearing, and to furnish to the court 
168.22 	such information and assistance as may be required; to take charge of any person before, 
168.23 	during or after trial or hearing when so directed by the court, and to keep such records and 
168.24 	to make such reports to the court as the court may order.
168.25 	All county probation officers serving a district court shall, in addition, provide probation 
168.26 	and parole services to wards of the commissioner of corrections resident in the counties 
168.27 	they serve, and shall act under the orders of said commissioner of corrections in reference 
168.28 	to any ward committed to their care by the commissioner of corrections.
168.29 	All probation officers serving a district court shall, under the direction of the authority 
168.30 	having power to appoint them, initiate programs for the welfare of persons coming within 
168.31 	the jurisdiction of the court to prevent delinquency and crime and to rehabilitate within the 
168.32 	community persons who come within the jurisdiction of the court and are properly subject 
168.33 	to efforts to accomplish prevention and rehabilitation. They shall, under the direction of the 
169.1 	court, cooperate with all law enforcement agencies, schools, child welfare agencies of a 
169.2 	public or private character, and other groups concerned with the prevention of crime and 
169.3 	delinquency and the rehabilitation of persons convicted of crime and delinquency.
169.4 	All probation officers serving a district court shall make monthly and annual reports to 
169.5 	the commissioner of corrections, on forms furnished by the commissioner, containing such 
169.6 	information on number of cases cited to the juvenile division of district court, offenses, 
169.7 	adjudications, dispositions, and related matters as may be required by the commissioner of 
169.8 	corrections. The reports shall include the information on individuals convicted as an extended 
169.9 	jurisdiction juvenile identified in section 241.016, subdivision 1, paragraph (c).

169.10 	Sec. 33. Minnesota Statutes 2020, section 244.195, subdivision 2, is amended to read:
169.11 		Subd. 2.Detention pending hearing. When it appears necessary to enforce discipline 
169.12 	or to prevent a person on conditional release from escaping or absconding from supervision, 
169.13 	a court services director has the authority to issue a written order directing any peace officer 
169.14 	or any probation officer in the state serving the district and juvenile courts to detain and 
169.15 	bring the person before the court or the commissioner, whichever is appropriate, for 
169.16 	disposition. If the person on conditional release commits a violation described in section 
169.17 	609.14, subdivision 1a, paragraph (a), the court services director must have a reasonable 
169.18 	belief that the order is necessary to prevent the person from escaping or absconding from 
169.19 	supervision or that the continued presence of the person in the community presents a risk 
169.20 	to public safety before issuing a written order. This written order is sufficient authority for 
169.21 	the peace officer or probation officer to detain the person for not more than 72 hours, 
169.22 	excluding Saturdays, Sundays, and holidays, pending a hearing before the court or the 
169.23 	commissioner.

169.24 	Sec. 34. [260B.008] USE OF RESTRAINTS.
169.25 	(a) As used in this section, "restraints" means a mechanical or other device that constrains 
169.26 	the movement of a person's body or limbs.
169.27 	(b) Restraints may not be used on a child appearing in court in a proceeding under this 
169.28 	chapter unless the court finds that:
169.29 	(1) the use of restraints is necessary:
169.30 	(i) to prevent physical harm to the child or another; or
169.31 	(ii) to prevent the child from fleeing in situations in which the child presents a substantial 
169.32 	risk of flight from the courtroom; and
170.1 	(2) there are no less restrictive alternatives to restraints that will prevent flight or physical 
170.2 	harm to the child or another, including but not limited to the presence of court personnel, 
170.3 	law enforcement officers, or bailiffs.
170.4 	The finding in clause (1), item (i), may be based, among other things, on the child having 
170.5 	a history of disruptive courtroom behavior or behavior while in custody for any current or 
170.6 	prior offense that has placed others in potentially harmful situations, or presenting a 
170.7 	substantial risk of inflicting physical harm on the child or others as evidenced by past 
170.8 	behavior. The court may take into account the physical structure of the courthouse in 
170.9 	assessing the applicability of the above factors to the individual child.
170.10 	(c) The court shall be provided the child's behavior history and shall provide the child 
170.11 	an opportunity to be heard in person or through counsel before ordering the use of restraints. 
170.12 	If restraints are ordered, the court shall make findings of fact in support of the order.
170.13 	(d) By April 1, 2022, each judicial district shall develop a protocol to address how to 
170.14 	implement and comply with this section. In developing the protocol, a district shall consult 
170.15 	with law enforcement agencies, prosecutors, public defenders within the district, and any 
170.16 	other entity deemed necessary by the district's chief judge.

170.17 	EFFECTIVE DATE. Paragraphs (a), (b), and (c) are effective April 15, 2022. Paragraph 
170.18 	(d) is effective the day following final enactment.

170.19 	Sec. 35. Minnesota Statutes 2020, section 260B.163, subdivision 1, is amended to read:
170.20 		Subdivision 1.General. (a) Except for hearings arising under section 260B.425, hearings 
170.21 	on any matter shall be without a jury and may be conducted in an informal manner, except 
170.22 	that a child who is prosecuted as an extended jurisdiction juvenile has the right to a jury 
170.23 	trial on the issue of guilt. The rules of evidence promulgated pursuant to section 480.0591
170.24 	and the law of evidence shall apply in adjudicatory proceedings involving a child alleged 
170.25 	to be delinquent, an extended jurisdiction juvenile, or a juvenile petty offender, and hearings 
170.26 	conducted pursuant to section 260B.125 except to the extent that the rules themselves provide 
170.27 	that they do not apply.
170.28 	(b) When a continuance or adjournment is ordered in any proceeding, the court may 
170.29 	make any interim orders as it deems in the best interests of the minor in accordance with 
170.30 	the provisions of sections 260B.001 to 260B.421.
170.31 	(c) Except as otherwise provided in this paragraph, the court shall exclude the general 
170.32 	public from hearings under this chapter and shall admit only those persons who, in the 
170.33 	discretion of the court, have a direct interest in the case or in the work of the court. The 
171.1 	court shall permit the victim of a child's delinquent act to attend any related delinquency 
171.2 	proceeding, except that the court may exclude the victim:
171.3 	(1) as a witness under the Rules of Criminal Procedure; and
171.4 	(2) from portions of a certification hearing to discuss psychological material or other 
171.5 	evidence that would not be accessible to the public.
171.6 	The court shall open the hearings to the public in delinquency or extended jurisdiction 
171.7 	juvenile proceedings where the child is alleged to have committed an offense or has been 
171.8 	proven to have committed an offense that would be a felony if committed by an adult and 
171.9 	the child was at least 16 years of age at the time of the offense, except that the court may 
171.10 	exclude the public from portions of a certification hearing to discuss psychological material 
171.11 	or other evidence that would not be accessible to the public in an adult proceeding.
171.12 	(d) In all delinquency cases a person named in the charging clause of the petition as a 
171.13 	person directly damaged in person or property shall be entitled, upon request, to be notified 
171.14 	by the court administrator in writing, at the named person's last known address, of (1) the 
171.15 	date of the certification or adjudicatory hearings, and (2) the disposition of the case.

171.16 	Sec. 36. [260B.1755] ALTERNATIVE TO ARREST OF CERTAIN JUVENILE 
171.17 	OFFENDERS AUTHORIZED.
171.18 	(a) A peace officer who has probable cause to believe that a child is a petty offender or 
171.19 	delinquent child may refer the child to a program, including restorative programs, that the 
171.20 	law enforcement agency with jurisdiction over the child deems appropriate.
171.21 	(b) If a peace officer or law enforcement agency refers a child to a program under 
171.22 	paragraph (a), the peace officer or law enforcement agency may defer issuing a citation or 
171.23 	a notice to the child to appear in juvenile court, transmitting a report to the prosecuting 
171.24 	authority, or otherwise initiating a proceeding in juvenile court.
171.25 	(c) After receiving notice that a child who was referred to a program under paragraph 
171.26 	(a) successfully completed that program, a peace officer or law enforcement agency shall 
171.27 	not issue a citation or a notice to the child to appear in juvenile court, transmit a report to 
171.28 	the prosecuting authority, or otherwise initiate a proceeding in juvenile court for the conduct 
171.29 	that formed the basis of the referral.
171.30 	(d) This section does not apply to peace officers acting pursuant to an order or warrant 
171.31 	described in section 260B.175, subdivision 1, paragraph (a), or other court order to take a 
171.32 	child into custody.

172.1 	Sec. 37. Minnesota Statutes 2020, section 260B.176, is amended by adding a subdivision 
172.2 	to read:
172.3 		Subd. 1a.Risk assessment instrument. If a peace officer or probation or parole officer 
172.4 	who took a child into custody does not release the child as provided in subdivision 1, the 
172.5 	peace officer or probation or parole officer shall communicate with or deliver the child to 
172.6 	a juvenile secure detention facility to determine whether the child should be released or 
172.7 	detained. Before detaining a child, the supervisor of the facility shall use an objective and 
172.8 	racially, ethnically, and gender-responsive juvenile detention risk assessment instrument 
172.9 	developed by the commissioner of corrections, county, group of counties, or judicial district, 
172.10 	in consultation with the state coordinator or coordinators of the Minnesota Juvenile Detention 
172.11 	Alternatives Initiative. The risk assessment instrument must assess the likelihood that a 
172.12 	child released from preadjudication detention under this section or section 260B.178 would 
172.13 	endanger others or not return for a court hearing. The instrument must identify the appropriate 
172.14 	setting for a child who might endanger others or not return for a court hearing pending 
172.15 	adjudication, with either continued detention or placement in a noncustodial 
172.16 	community-based supervision setting. The instrument must also identify the type of 
172.17 	noncustodial community-based supervision setting necessary to minimize the risk that a 
172.18 	child who is released from custody will endanger others or not return for a court hearing. 
172.19 	If, after using the instrument, a determination is made that the child should be released, the 
172.20 	person taking the child into custody or the supervisor of the facility shall release the child 
172.21 	as provided in subdivision 1.

172.22 	EFFECTIVE DATE. This section is effective August 15, 2022.

172.23 	Sec. 38. Minnesota Statutes 2020, section 260B.176, subdivision 2, is amended to read:
172.24 		Subd. 2.Reasons for detention. (a) If the child is not released as provided in subdivision 
172.25 	1, the person taking the child into custody shall notify the court as soon as possible of the 
172.26 	detention of the child and the reasons for detention.
172.27 	(b) No child may be detained in a secure detention facility after being taken into custody 
172.28 	for a delinquent act as defined in section 260B.007, subdivision 6, unless the child is over 
172.29 	the age of 12.
172.30 	(b) (c) No child may be detained in a juvenile secure detention facility or shelter care 
172.31 	facility longer than 36 hours, excluding Saturdays, Sundays, and holidays, after being taken 
172.32 	into custody for a delinquent act as defined in section 260B.007, subdivision 6, unless a 
172.33 	petition has been filed and the judge or referee determines pursuant to section 260B.178
172.34 	that the child shall remain in detention.
173.1 	(c) (d) No child may be detained in an adult jail or municipal lockup longer than 24 
173.2 	hours, excluding Saturdays, Sundays, and holidays, or longer than six hours in an adult jail 
173.3 	or municipal lockup in a standard metropolitan statistical area, after being taken into custody 
173.4 	for a delinquent act as defined in section 260B.007, subdivision 6, unless:
173.5 	(1) a petition has been filed under section 260B.141; and
173.6 	(2) a judge or referee has determined under section 260B.178 that the child shall remain 
173.7 	in detention.
173.8 	After August 1, 1991, no child described in this paragraph may be detained in an adult 
173.9 	jail or municipal lockup longer than 24 hours, excluding Saturdays, Sundays, and holidays, 
173.10 	or longer than six hours in an adult jail or municipal lockup in a standard metropolitan 
173.11 	statistical area, unless the requirements of this paragraph have been met and, in addition, a 
173.12 	motion to refer the child for adult prosecution has been made under section 260B.125. 
173.13 	Notwithstanding this paragraph, continued detention of a child in an adult detention facility 
173.14 	outside of a standard metropolitan statistical area county is permissible if:
173.15 	(i) the facility in which the child is detained is located where conditions of distance to 
173.16 	be traveled or other ground transportation do not allow for court appearances within 24 
173.17 	hours. A delay not to exceed 48 hours may be made under this clause; or
173.18 	(ii) the facility is located where conditions of safety exist. Time for an appearance may 
173.19 	be delayed until 24 hours after the time that conditions allow for reasonably safe travel. 
173.20 	"Conditions of safety" include adverse life-threatening weather conditions that do not allow 
173.21 	for reasonably safe travel.
173.22 	The continued detention of a child under clause (i) or (ii) must be reported to the 
173.23 	commissioner of corrections.
173.24 	(d) (e) If a child described in paragraph (c) (d) is to be detained in a jail beyond 24 hours, 
173.25 	excluding Saturdays, Sundays, and holidays, the judge or referee, in accordance with rules 
173.26 	and procedures established by the commissioner of corrections, shall notify the commissioner 
173.27 	of the place of the detention and the reasons therefor. The commissioner shall thereupon 
173.28 	assist the court in the relocation of the child in an appropriate juvenile secure detention 
173.29 	facility or approved jail within the county or elsewhere in the state, or in determining suitable 
173.30 	alternatives. The commissioner shall direct that a child detained in a jail be detained after 
173.31 	eight days from and including the date of the original detention order in an approved juvenile 
173.32 	secure detention facility with the approval of the administrative authority of the facility. If 
173.33 	the court refers the matter to the prosecuting authority pursuant to section 260B.125, notice 
173.34 	to the commissioner shall not be required.
174.1 	(e) (f) When a child is detained for an alleged delinquent act in a state licensed juvenile 
174.2 	facility or program, or when a child is detained in an adult jail or municipal lockup as 
174.3 	provided in paragraph (c) (d), the supervisor of the facility shall, if the child's parent or legal 
174.4 	guardian consents, have a children's mental health screening conducted with a screening 
174.5 	instrument approved by the commissioner of human services, unless a screening has been 
174.6 	performed within the previous 180 days or the child is currently under the care of a mental 
174.7 	health professional. The screening shall be conducted by a mental health practitioner as 
174.8 	defined in section 245.4871, subdivision 26, or a probation officer who is trained in the use 
174.9 	of the screening instrument. The screening shall be conducted after the initial detention 
174.10 	hearing has been held and the court has ordered the child continued in detention. The results 
174.11 	of the screening may only be presented to the court at the dispositional phase of the court 
174.12 	proceedings on the matter unless the parent or legal guardian consents to presentation at a 
174.13 	different time. If the screening indicates a need for assessment, the local social services 
174.14 	agency or probation officer, with the approval of the child's parent or legal guardian, shall 
174.15 	have a diagnostic assessment conducted, including a functional assessment, as defined in 
174.16 	section 245.4871.

174.17 	Sec. 39. Minnesota Statutes 2020, section 260C.007, subdivision 6, is amended to read:
174.18 		Subd. 6.Child in need of protection or services. "Child in need of protection or 
174.19 	services" means a child who is in need of protection or services because the child:
174.20 	(1) is abandoned or without parent, guardian, or custodian;
174.21 	(2)(i) has been a victim of physical or sexual abuse as defined in section 260E.03, 
174.22 	subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined 
174.23 	in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or 
174.24 	would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child 
174.25 	abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as 
174.26 	defined in subdivision 15;
174.27 	(3) is without necessary food, clothing, shelter, education, or other required care for the 
174.28 	child's physical or mental health or morals because the child's parent, guardian, or custodian 
174.29 	is unable or unwilling to provide that care;
174.30 	(4) is without the special care made necessary by a physical, mental, or emotional 
174.31 	condition because the child's parent, guardian, or custodian is unable or unwilling to provide 
174.32 	that care;
175.1 	(5) is medically neglected, which includes, but is not limited to, the withholding of 
175.2 	medically indicated treatment from an infant with a disability with a life-threatening 
175.3 	condition. The term "withholding of medically indicated treatment" means the failure to 
175.4 	respond to the infant's life-threatening conditions by providing treatment, including 
175.5 	appropriate nutrition, hydration, and medication which, in the treating physician's or advanced 
175.6 	practice registered nurse's reasonable medical judgment, will be most likely to be effective 
175.7 	in ameliorating or correcting all conditions, except that the term does not include the failure 
175.8 	to provide treatment other than appropriate nutrition, hydration, or medication to an infant 
175.9 	when, in the treating physician's or advanced practice registered nurse's reasonable medical 
175.10 	judgment:
175.11 	(i) the infant is chronically and irreversibly comatose;
175.12 	(ii) the provision of the treatment would merely prolong dying, not be effective in 
175.13 	ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be 
175.14 	futile in terms of the survival of the infant; or
175.15 	(iii) the provision of the treatment would be virtually futile in terms of the survival of 
175.16 	the infant and the treatment itself under the circumstances would be inhumane;
175.17 	(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved 
175.18 	of the child's care and custody, including a child who entered foster care under a voluntary 
175.19 	placement agreement between the parent and the responsible social services agency under 
175.20 	section 260C.227;
175.21 	(7) has been placed for adoption or care in violation of law;
175.22 	(8) is without proper parental care because of the emotional, mental, or physical disability, 
175.23 	or state of immaturity of the child's parent, guardian, or other custodian;
175.24 	(9) is one whose behavior, condition, or environment is such as to be injurious or 
175.25 	dangerous to the child or others. An injurious or dangerous environment may include, but 
175.26 	is not limited to, the exposure of a child to criminal activity in the child's home;
175.27 	(10) is experiencing growth delays, which may be referred to as failure to thrive, that 
175.28 	have been diagnosed by a physician and are due to parental neglect;
175.29 	(11) is a sexually exploited youth;
175.30 	(12) has committed a delinquent act or a juvenile petty offense before becoming ten 13
175.31 	years old;
175.32 	(13) is a runaway;
176.1 	(14) is a habitual truant;
176.2 	(15) has been found incompetent to proceed or has been found not guilty by reason of 
176.3 	mental illness or mental deficiency in connection with a delinquency proceeding, a 
176.4 	certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a 
176.5 	proceeding involving a juvenile petty offense; or
176.6 	(16) has a parent whose parental rights to one or more other children were involuntarily 
176.7 	terminated or whose custodial rights to another child have been involuntarily transferred to 
176.8 	a relative and there is a case plan prepared by the responsible social services agency 
176.9 	documenting a compelling reason why filing the termination of parental rights petition under 
176.10 	section 260C.503, subdivision 2, is not in the best interests of the child.

176.11 	Sec. 40. Minnesota Statutes 2020, section 401.025, subdivision 1, is amended to read:
176.12 		Subdivision 1.Peace officers and probation officers serving CCA counties. (a) When 
176.13 	it appears necessary to enforce discipline or to prevent a person on conditional release from 
176.14 	escaping or absconding from supervision, the chief executive officer or designee of a 
176.15 	community corrections agency in a CCA county has the authority to issue a written order 
176.16 	directing any peace officer or any probation officer in the state serving the district and 
176.17 	juvenile courts to detain and bring the person before the court or the commissioner, whichever 
176.18 	is appropriate, for disposition. If the person on conditional release commits a violation 
176.19 	described in section 609.14, subdivision 1a, paragraph (a), the chief executive officer or 
176.20 	designee must have a reasonable belief that the order is necessary to prevent the person 
176.21 	from escaping or absconding from supervision or that the continued presence of the person 
176.22 	in the community presents a risk to public safety before issuing a written order. This written 
176.23 	order is sufficient authority for the peace officer or probation officer to detain the person 
176.24 	for not more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a hearing 
176.25 	before the court or the commissioner.
176.26 	(b) The chief executive officer or designee of a community corrections agency in a CCA 
176.27 	county has the authority to issue a written order directing a peace officer or probation officer 
176.28 	serving the district and juvenile courts to release a person detained under paragraph (a) 
176.29 	within 72 hours, excluding Saturdays, Sundays, and holidays, without an appearance before 
176.30 	the court or the commissioner. This written order is sufficient authority for the peace officer 
176.31 	or probation officer to release the detained person.
176.32 	(c) The chief executive officer or designee of a community corrections agency in a CCA 
176.33 	county has the authority to issue a written order directing any peace officer or any probation 
176.34 	officer serving the district and juvenile courts to detain any person on court-ordered pretrial 
177.1 	release who absconds from pretrial release or fails to abide by the conditions of pretrial 
177.2 	release. A written order issued under this paragraph is sufficient authority for the peace 
177.3 	officer or probation officer to detain the person.

177.4 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to violations 
177.5 	that occur on or after that date.

177.6 	Sec. 41. Minnesota Statutes 2020, section 401.06, is amended to read:
177.7 	401.06 COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY; 
177.8 	COMPLIANCE.
177.9 	No county or group of counties electing to provide correctional services pursuant to 
177.10 	sections 401.01 to 401.16 shall be eligible for the subsidy herein provided unless and until 
177.11 	its comprehensive plan shall have been approved by the commissioner. The commissioner 
177.12 	shall, pursuant to the Administrative Procedure Act, promulgate rules establishing standards 
177.13 	of eligibility for counties to receive funds under sections 401.01 to 401.16. To remain eligible 
177.14 	for subsidy counties shall maintain substantial compliance with the minimum standards 
177.15 	established pursuant to sections 401.01 to 401.16 and the policies and procedures governing 
177.16 	the services described in section 401.025 as prescribed by the commissioner. Counties shall 
177.17 	also be in substantial compliance with other correctional operating standards permitted by 
177.18 	law and established by the commissioner and shall report statistics required by the 
177.19 	commissioner including but not limited to information on individuals convicted as an 
177.20 	extended jurisdiction juvenile identified in section 241.016, subdivision 1, paragraph (c). 
177.21 	The commissioner shall review annually the comprehensive plans submitted by participating 
177.22 	counties, including the facilities and programs operated under the plans. The commissioner 
177.23 	is hereby authorized to enter upon any facility operated under the plan, and inspect books 
177.24 	and records, for purposes of recommending needed changes or improvements.
177.25 	When the commissioner shall determine that there are reasonable grounds to believe 
177.26 	that a county or group of counties is not in substantial compliance with minimum standards, 
177.27 	at least 30 days' notice shall be given the county or counties and a hearing conducted by 
177.28 	the commissioner to ascertain whether there is substantial compliance or satisfactory progress 
177.29 	being made toward compliance. The commissioner may suspend all or a portion of any 
177.30 	subsidy until the required standard of operation has been met.

177.31 	Sec. 42. Minnesota Statutes 2020, section 609.14, subdivision 1, is amended to read:
177.32 		Subdivision 1.Grounds. (a) When it appears that the defendant has violated any of the 
177.33 	conditions of probation or intermediate sanction, or has otherwise been guilty of misconduct 
178.1 	which warrants the imposing or execution of sentence, the court may without notice revoke 
178.2 	the stay and direct that the defendant be taken into immediate custody. Revocation should 
178.3 	only be used as a last resort when rehabilitation has failed.
178.4 	(b) When it appears that the defendant violated any of the conditions of probation during 
178.5 	the term of the stay, but the term of the stay has since expired, the defendant's probation 
178.6 	officer or the prosecutor may ask the court to initiate probation revocation proceedings 
178.7 	under the Rules of Criminal Procedure at any time within six months after the expiration 
178.8 	of the stay. The court also may initiate proceedings under these circumstances on its own 
178.9 	motion. If proceedings are initiated within this six-month period, the court may conduct a 
178.10 	revocation hearing and take any action authorized under rule 27.04 at any time during or 
178.11 	after the six-month period.
178.12 	(c) Notwithstanding the provisions of section 609.135 or any law to the contrary, after 
178.13 	proceedings to revoke the stay have been initiated by a court order revoking the stay and 
178.14 	directing either that the defendant be taken into custody or that a summons be issued in 
178.15 	accordance with paragraph (a), the proceedings to revoke the stay may be concluded and 
178.16 	the summary hearing provided by subdivision 2 may be conducted after the expiration of 
178.17 	the stay or after the six-month period set forth in paragraph (b). The proceedings to revoke 
178.18 	the stay shall not be dismissed on the basis that the summary hearing is conducted after the 
178.19 	term of the stay or after the six-month period. The ability or inability to locate or apprehend 
178.20 	the defendant prior to the expiration of the stay or during or after the six-month period shall 
178.21 	not preclude the court from conducting the summary hearing unless the defendant 
178.22 	demonstrates that the delay was purposefully caused by the state in order to gain an unfair 
178.23 	advantage.

178.24 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to violations 
178.25 	that occur on or after that date.

178.26 	Sec. 43. Minnesota Statutes 2020, section 609.14, is amended by adding a subdivision to 
178.27 	read:
178.28 		Subd. 1a.Violations where policies favor continued rehabilitation. (a) Correctional 
178.29 	treatment is better provided through a community resource than through confinement, it 
178.30 	would not unduly depreciate the seriousness of the violation if probation was not revoked, 
178.31 	and the policies favoring probation outweigh the need for confinement if a person has not 
178.32 	previously violated a condition of probation or intermediate sanction and does any of the 
178.33 	following in violation of a condition imposed by the court:
179.1 	(1) fails to abstain from the use of controlled substances without a valid prescription, 
179.2 	unless the person is under supervision for a violation of:
179.3 	(i) section 169A.20;
179.4 	(ii) 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); or
179.5 	(iii) 609.2113, subdivision 1, clauses (2) to (6), subdivision 2, clauses (2) to (6), or 
179.6 	subdivision 3, clauses (2) to (6);
179.7 	(2) fails to abstain from the use of alcohol, unless the person is under supervision for a 
179.8 	violation of:
179.9 	(i) section 169A.20;
179.10 	(ii) 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); or
179.11 	(iii) 609.2113, subdivision 1, clauses (2) to (6), subdivision 2, clauses (2) to (6), or 
179.12 	subdivision 3, clauses (2) to (6);
179.13 	(3) possesses drug paraphernalia in violation of section 152.092;
179.14 	(4) fails to obtain or maintain employment;
179.15 	(5) fails to pursue a course of study or vocational training;
179.16 	(6) fails to report a change in employment, unless the person is prohibited from having 
179.17 	contact with minors and the employment would involve such contact;
179.18 	(7) violates a curfew;
179.19 	(8) fails to report contact with a law enforcement agency, unless the person was charged 
179.20 	with a misdemeanor, gross misdemeanor, or felony; or
179.21 	(9) commits any offense for which the penalty is a petty misdemeanor.
179.22 	(b) A violation by a person described in paragraph (a) does not warrant the imposition 
179.23 	or execution of sentence and the court may not direct that the person be taken into immediate 
179.24 	custody unless the court receives a written report, signed under penalty of perjury pursuant 
179.25 	to section 358.116, showing probable cause to believe the person violated probation and 
179.26 	establishing by a preponderance of the evidence that the continued presence of the person 
179.27 	in the community would present a risk to public safety. If the court does not direct that the 
179.28 	person be taken into custody, the court may request a supplemental report from the 
179.29 	supervising agent containing:
179.30 	(1) the specific nature of the violation;
180.1 	(2) the response of the person under supervision to the violation, if any; and
180.2 	(3) the actions the supervising agent has taken or will take to address the violation.

180.3 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to violations 
180.4 	that occur on or after that date.

180.5 	Sec. 44. [641.015] PLACEMENT IN PRIVATE PRISONS PROHIBITED.
180.6 		Subdivision 1.Placement prohibited. After August 1, 2021, a sheriff shall not allow 
180.7 	inmates committed to the custody of the sheriff to be housed in facilities that are not owned 
180.8 	and operated by a local government, or a group of local units of government.
180.9 		Subd. 2.Contracts prohibited. The county board may not authorize the sheriff to 
180.10 	contract with privately owned and operated prisons for the care, custody, and rehabilitation 
180.11 	of offenders committed to the custody of the sheriff.

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

180.13 	Sec. 45. Laws 2017, chapter 95, article 3, section 30, is amended to read:
180.14 	Sec. 30. ALTERNATIVES TO INCARCERATION PILOT PROGRAM FUND.
 180.15 	(a) Agencies providing supervision to offenders on probation, parole, or supervised 
180.16 	release are eligible for grantsfunding to facilitate access to community options including, 
180.17 	but not limited to, inpatient chemical dependency treatment for nonviolent controlled 
180.18 	substance offenders to address and correct behavior that is, or is likely to result in, a technical 
180.19 	violation of the conditions of release. For purposes of this section, "nonviolent controlled 
180.20 	substance offender" is a person who meets the criteria described under Minnesota Statutes, 
180.21 	section 244.0513, subdivision 2, clauses (1), (2), and (5), and "technical violation" means 
180.22 	a violation of a court order of probation, condition of parole, or condition of supervised 
180.23 	release, except an allegation of a subsequent criminal act that is alleged in a formal complaint, 
180.24 	citation, or petition.
180.25 	(b) The Department of Corrections shall establish criteria for selecting grant recipients 
180.26 	and the amount awarded to each grant recipient issue annual funding of $160,000 to each 
180.27 	recipient.
180.28 	(c) By January 15, 2019, The commissioner of corrections shall submit a an annual
180.29 	report to the chairs of the house of representatives and senate committees with jurisdiction 
180.30 	over public safety policy and finance by January 15 of each year. At a minimum, the report 
180.31 	must include:
181.1 	(1) the total number of grants issued under this program;
181.2 	(2) the average amount of each grant;
181.3 	(3) (1) the community services accessed as a result of the grantsfunding;
181.4 	(4) (2) a summary of the type of supervision offenders were under when a grantfunding
181.5 	was used to help access a community option;
181.6 	(5) (3) the number of individuals who completed, and the number who failed to complete, 
181.7 	programs accessed as a result of this grantfunding; and
181.8 	(6) (4) the number of individuals who violated the terms of release following participation 
181.9 	in a program accessed as a result of this grantfunding, separating technical violations and 
181.10 	new criminal offenses.;
181.11 	(5) the number of individuals who completed or were discharged from probation after 
181.12 	participating in the program;
181.13 	(6) the number of individuals identified in clause (5) who committed a new offense after 
181.14 	discharge from the program;
181.15 	(7) identification of barriers nonviolent controlled substance offenders face in accessing 
181.16 	community services and a description of how the program navigates those barriers; and
181.17 	(8) identification of gaps in existing community services for nonviolent controlled 
181.18 	substance offenders.

181.19 	Sec. 46. TASK FORCE ON AIDING AND ABETTING FELONY MURDER.
 181.20 		Subdivision 1.Definitions. As used in this section, the following terms have the meanings 
181.21 	given:
181.22 	(1) "aiding and abetting" means a person who is criminally liable for a crime committed 
181.23 	by another because that person intentionally aided, advised, hired, counseled, or conspired 
181.24 	with or otherwise procured the other to commit the crime; and
181.25 	(2) "felony murder" means a violation of Minnesota Statutes, section 609.185, paragraph 
181.26 	(a), clause (2), (3), (5), (6), or (7); or 609.19, subdivision 2, clause (1).
181.27 		Subd. 2.Establishment. The task force on aiding and abetting felony murder is 
181.28 	established to collect and analyze data on the charging, convicting, and sentencing of people 
181.29 	for aiding and abetting felony murder; assess whether current laws and practices promote 
181.30 	public safety and equity in sentencing; and make recommendations to the legislature.
181.31 		Subd. 3.Membership. (a) The task force consists of the following members:
182.1 	(1) two members of the house of representatives, one appointed by the speaker of the 
182.2 	house and one appointed by the minority leader;
182.3 	(2) two members of the senate, one appointed by the majority leader and one appointed 
182.4 	by the minority leader;
182.5 	(3) the commissioner of corrections or a designee;
182.6 	(4) the executive director of the Minnesota Sentencing Guidelines Commission or a 
182.7 	designee;
182.8 	(5) the attorney general or a designee;
182.9 	(6) the state public defender or a designee;
182.10 	(7) the statewide coordinator of the Violent Crime Coordinating Council;
182.11 	(8) one defense attorney, appointed by the Minnesota Association of Criminal Defense 
182.12 	Lawyers;
182.13 	(9) three county attorneys, appointed by the Minnesota County Attorneys Association;
182.14 	(10) two members representing victims' rights organizations, appointed by the Office 
182.15 	of Justice Programs director in the Department of Public Safety;
182.16 	(11) one member of a criminal justice advocacy organization, appointed by the governor;
182.17 	(12) one member of a statewide civil rights organization, appointed by the governor;
182.18 	(13) two impacted persons who are directly related to a person who has been convicted 
182.19 	of felony murder, appointed by the governor; and
182.20 	(14) one person with expertise regarding the laws and practices of other states relating 
182.21 	to aiding and abetting felony murder, appointed by the governor.
182.22 	(b) Appointments must be made no later than July 30, 2021.
182.23 	(c) The legislative members identified in paragraph (a), clauses (1) and (2), shall serve 
182.24 	as ex officio, nonvoting members of the task force.
182.25 	(d) Members shall serve without compensation.
182.26 	(e) Members of the task force serve at the pleasure of the appointing authority or until 
182.27 	the task force expires. Vacancies shall be filled by the appointing authority consistent with 
182.28 	the qualifications of the vacating member required by this subdivision.
182.29 		Subd. 4.Officers; meetings. (a) The task force shall elect a chair and vice-chair and 
182.30 	may elect other officers as necessary.
183.1 	(b) The commissioner of corrections shall convene the first meeting of the task force no 
183.2 	later than August 1, 2021, and shall provide meeting space and administrative assistance 
183.3 	as necessary for the task force to conduct its work.
183.4 	(c) The task force shall meet at least monthly or upon the call of its chair. The task force 
183.5 	shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings 
183.6 	of the task force are subject to Minnesota Statutes, chapter 13D.
183.7 	(d) To compile and analyze data, the task force shall request the cooperation and 
183.8 	assistance of local law enforcement agencies, the Minnesota Sentencing Guidelines 
183.9 	Commission, the judicial branch, the Bureau of Criminal Apprehension, county attorneys, 
183.10 	and Tribal governments and may request the cooperation of academics and others with 
183.11 	experience and expertise in researching the impact of laws criminalizing aiding and abetting 
183.12 	felony murder.
183.13 		Subd. 5.Duties. (a) The task force shall, at a minimum:
183.14 	(1) collect and analyze data on charges, convictions, and sentences for aiding and abetting 
183.15 	felony murder;
183.16 	(2) collect and analyze data on sentences for aiding and abetting felony murder in which 
183.17 	a person received a mitigated durational departure because the person played a minor or 
183.18 	passive role in the crime or participated under circumstances of coercion or duress;
183.19 	(3) collect and analyze data on charges, convictions, and sentences for codefendants of 
183.20 	people sentenced for aiding and abetting felony murder;
183.21 	(4) review relevant state statutes and state and federal court decisions;
183.22 	(5) receive input from individuals who were convicted of aiding and abetting felony 
183.23 	murder;
183.24 	(6) receive input from family members of individuals who were victims of felony murder;
183.25 	(7) analyze the benefits and unintended consequences of Minnesota Statutes and practices 
183.26 	related to the charging, convicting, and sentencing of people for aiding and abetting felony 
183.27 	murder including but not limited to an analysis of whether current statutes and practice:
183.28 	(i) promote public safety; and
183.29 	(ii) properly punish people for their role in an offense; and
183.30 	(8) make recommendations for legislative action, if any, on laws affecting:
183.31 	(i) the collection and reporting of data; and
184.1 	(ii) the charging, convicting, and sentencing of people for aiding and abetting felony 
184.2 	murder.
184.3 	(b) At its discretion, the task force may examine, as necessary, other related issues 
184.4 	consistent with this section.
184.5 		Subd. 6.Report. On or before January 15, 2022, the task force shall submit a report to 
184.6 	the chairs and ranking minority members of the house of representatives and senate 
184.7 	committees and divisions with jurisdiction over criminal sentencing on the findings and 
184.8 	recommendations of the task force.
184.9 		Subd. 7.Expiration. The task force expires the day after submitting its report under 
184.10 	subdivision 6.

184.11 	EFFECTIVE DATE. This section is effective July 1, 2021.

184.12 	Sec. 47. TITLE.
 184.13 	Sections 5 to 11, 14, 19, 20, and 27 shall be know as the "Hardel Sherrell Act."

184.14 	Sec. 48. CORRECTIONAL SUPERVISION WORKING GROUP; TRIBAL 
184.15 	GOVERNMENTS.
 184.16 		Subdivision 1.Establishment. Recognizing the sovereignty of Tribal governments and 
184.17 	the shared state and Tribal interests in providing effective, responsive, and culturally relevant 
184.18 	correctional supervision and services, a working group is established to develop policy, 
184.19 	protocols, and procedures for Minnesota-based federally recognized Indian Tribes to 
184.20 	participate in the Community Corrections Act subsidy program and make recommendations 
184.21 	to the legislature on changes to the law to allow for Tribal supervision.
184.22 		Subd. 2.Duties. The working group shall develop comprehensive recommendations 
184.23 	that allow a Minnesota-based federally recognized Indian Tribe, as defined in United States 
184.24 	Code, title 25, section 450b(e), to qualify for a grant provided in Minnesota Statutes, section 
184.25 	401.01, by meeting and agreeing to the requirements in Minnesota Statutes, section 401.02, 
184.26 	subdivision 1, excluding the population requirement. The working group shall:
184.27 	(1) develop statutory policy language that provides that interested Tribal governments 
184.28 	may participate in the Community Corrections Act grant program;
184.29 	(2) identify Tribal Community Corrections Act supervision jurisdiction parameters such 
184.30 	as Tribal lands, Tribal enrollment, and recognized Tribal affiliation;
185.1 	(3) develop a court process for determining whether an individual shall receive 
185.2 	correctional supervision and services from a Tribal Community Corrections Act authority;
185.3 	(4) develop an effective and relevant formula for determining the amount of community 
185.4 	corrections aid to be paid to a participating Tribal government; and
185.5 	(5) develop legislation to establish conformance with all other requirements in the 
185.6 	Community Corrections Act.
185.7 		Subd. 3.Members. The working group must include the following members:
185.8 	(1) the commissioner of corrections, or designee;
185.9 	(2) the commissioner of human services, or designee;
185.10 	(3) the attorney general, or designee;
185.11 	(4) a representative of each Minnesota-based federally recognized Indian Tribe appointed 
185.12 	by each Tribe;
185.13 	(5) a representative appointed by the governor;
185.14 	(6) a representative appointed by the speaker of the house;
185.15 	(7) a representative appointed by the senate majority leader;
185.16 	(8) a representative of the State Court Administrators Office appointed by the state court 
185.17 	administrator;
185.18 	(9) Department of Corrections, executive officer of hearings and release;
185.19 	(10) Department of Corrections, director of field services;
185.20 	(11) a representative of the Minnesota Indian Affairs Council appointed by the council; 
185.21 	and
185.22 	(12) one representative appointed by each of the following associations:
185.23 	(i) the Minnesota Association of Community Corrections Act Counties;
185.24 	(ii) the Minnesota Association of County Probation Officers;
185.25 	(iii) the Minnesota Sheriffs' Association;
185.26 	(iv) the Minnesota County Attorney's Association; and
185.27 	(v) the Association of Minnesota Counties.
185.28 		Subd. 4.Meetings. The commissioner of corrections or a designee shall convene the 
185.29 	first meeting of the working group no later than October 15, 2021. Members of the working 
186.1 	group shall elect a chair from among the group's members at the first meeting, and the 
186.2 	commissioner of corrections or a designee shall serve as the working group's chair until a 
186.3 	chair is elected.
186.4 		Subd. 5.Compensation. Members of the working group shall serve without 
186.5 	compensation.
186.6 		Subd. 6.Administrative support. The commissioner of corrections shall provide 
186.7 	administrative support staff and meeting space for the working group.
186.8 		Subd. 7.Report. The working group shall prepare and submit a report to the chairs of 
186.9 	the house of representatives and senate committees and divisions with jurisdiction over 
186.10 	public safety not later than March 15, 2022. The working group's report shall minimally 
186.11 	include statutory policy language that provides that interested Tribal governments may 
186.12 	participate in the Community Corrections Act grant program.
186.13 		Subd. 8.Expiration. The working group expires the earlier of March 16, 2022, or the 
186.14 	day after the working group submits the report under subdivision 7.

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

186.16 	ARTICLE 12
186.17 	MINNESOTA REHABILITATION AND REINVESTMENT ACT

186.18 	Section 1. Minnesota Statutes 2020, section 244.03, is amended to read:
186.19 	244.03 REHABILITATIVE PROGRAMS.
186.20 	The commissioner shall provide appropriate mental health programs and vocational and 
186.21 	educational programs with employment-related goals for inmates. The selection, design 
186.22 	and implementation of programs under this section shall be the sole responsibility of the 
186.23 	commissioner, acting within the limitations imposed by the funds appropriated for such 
186.24 	programs develop, implement, and provide appropriate substance abuse treatment programs; 
186.25 	sexual offender treatment programming; domestic abuse programming; medical and mental 
186.26 	health services; and vocational, employment and career, educational, and other rehabilitative 
186.27 	programs for persons committed to the authority of the commissioner.
186.28 	While evidence-based programs shall be prioritized, the selection, design, and 
186.29 	implementation of programs under this section shall be the sole responsibility of the 
186.30 	commissioner, acting within the limitations imposed by the funds appropriated for the 
186.31 	programs under this section.
187.1 	No action challenging the level of expenditures for programs authorized under this 
187.2 	section, nor any action challenging the selection, design or implementation of these programs, 
187.3 	including employee assignments, may be maintained by an inmate incarcerated person in 
187.4 	any court in this state.
187.5 	The commissioner may impose disciplinary sanctions upon any inmate incarcerated 
187.6 	person who refuses to participate in rehabilitative programs.

187.7 	Sec. 2. [244.031] REHABILITATIVE NEED ASSESSMENT AND 
187.8 	INDIVIDUALIZED PROGRAM PLAN REQUIRED.
187.9 	(a) The commissioner shall develop a comprehensive need assessment process for each 
187.10 	person who is serving a fixed term of imprisonment in a state correctional facility on or 
187.11 	after August 1, 2021, and has 365 days or more remaining until the person's scheduled 
187.12 	supervised release date.
187.13 	(b) Upon completion of the assessment process, the commissioner shall ensure the 
187.14 	development of an individualized program plan, along with identified goals for every person 
187.15 	committed to the authority of the Department of Corrections. The individualized program 
187.16 	plan shall be holistic in nature in that it identifies intended outcomes for addressing the 
187.17 	incarcerated person's needs and risk factors, the individual's identified strengths, and available 
187.18 	and needed community supports, including victim safety considerations as required in 
187.19 	section 244.0552, if applicable.
187.20 	(c) When an individual is committed to the custody of the commissioner for a crime 
187.21 	resulting in harm against a person or persons, the commissioner shall provide opportunity 
187.22 	for input during the assessment and program plan process. Victim input may include a 
187.23 	summary of victim concerns relative to release, concerns related to victim safety during the 
187.24 	committed person's term of imprisonment, and requests for imposition of victim safety 
187.25 	protocols as additional conditions of imprisonment or supervised release.
187.26 	(d) The commissioner shall consider victim input statements in program planning and 
187.27 	establishing conditions governing confinement or release.
187.28 	(e) For an individual with less than 365 days remaining until the individual's supervised 
187.29 	release date, the commissioner, in consultation with the incarcerated individual, shall develop 
187.30 	a transition and release plan.

188.1 	Sec. 3. [244.032] EARNED INCENTIVE RELEASE.
188.2 	(a) For the purposes of this section, "earned incentive release" means release credit that 
188.3 	is earned and subtracted from the term of imprisonment for completion of objectives 
188.4 	established by an incarcerated person's individualized program plan.
188.5 	(b) To encourage and support rehabilitation when consistent with public interest and 
188.6 	public safety, the commissioner of corrections, in consultation with the Minnesota County 
188.7 	Attorney's Association, Minnesota Board of Public Defense, Minnesota Association of 
188.8 	Community Corrections Act Counties, Minnesota Indian Women's Sexual Assault Coalition, 
188.9 	Violence Free Minnesota, Minnesota Coalition Against Sexual Assault, Minnesota Alliance 
188.10 	on Crime, the Minnesota Sheriff's Association, Minnesota Chiefs of Police Association, 
188.11 	and the Minnesota Police and Peace Officers Association, shall establish policy providing 
188.12 	for earned incentive release credit and forfeiture of the credit as part of the term of 
188.13 	imprisonment. The policy shall:
188.14 	(1) provide circumstances upon which an incarcerated person may earn incentive release 
188.15 	credits, including participation in rehabilitative programming as required under section 
188.16 	244.031; and
188.17 	(2) address those circumstances where (i) the capacity to provide treatment programming 
188.18 	in the correctional facility is diminished but the services are available to the community, 
188.19 	and (ii) the conditions under which the incarcerated person could be released to the 
188.20 	community-based resource but remain subject to commitment to the commissioner and 
188.21 	considered for earned incentive release credit.
188.22 	(c) The commissioner shall also develop a policy establishing a process for assessing 
188.23 	and addressing any systemic and programmatic gender and racial disparities that may be 
188.24 	identified in the award of earned incentive release credits.

188.25 	Sec. 4. [244.033] APPLICATION OF EARNED INCENTIVE RELEASE CREDIT.
188.26 	(a) Earned incentive release credits shall be subtracted from the term of imprisonment 
188.27 	but shall not be added to the person's supervised release term. In no case shall the credit 
188.28 	reduce the term of imprisonment to less than one-half of the incarcerated person's executed 
188.29 	sentence.
188.30 	(b) The earned incentive release program is separate and distinct from other legislatively 
188.31 	authorized release programs, including the challenge incarceration program, work release, 
188.32 	conditional medical release, or Conditional Release of Nonviolent Controlled Substance 
188.33 	Offenders program, which may have unique statutory requirements and obligations.

189.1 	Sec. 5. [244.034] CERTAIN OFFENSES INELIGIBLE FOR EARNED INCENTIVE 
189.2 	RELEASE CREDIT.
189.3 	(a) A person committed to the commissioner for any of the following offenses shall be 
189.4 	ineligible for earned incentive release credit under sections 244.031 to 244.033:
189.5 	(1) section 609.185, first degree murder, or 609.19, murder in the second degree;
189.6 	(2) section 609.195, murder in the third degree, or 609.221, assault in the first degree;
189.7 	(3) section 609.342, first degree criminal sexual conduct, 609.343, second degree criminal 
189.8 	sexual conduct, or 609.344, third degree criminal sexual conduct, if the offense was 
189.9 	committed with force or violence;
189.10 	(4) section 609.3455, subdivision 5, dangerous sex offenders, where the court shall 
189.11 	specify a minimum term of imprisonment, based on the sentencing guidelines or any 
189.12 	applicable mandatory minimum sentence, that must be served before the offender may be 
189.13 	considered for supervised release;
189.14 	(5) section 609.229, subdivision 4, paragraph (b), crimes committed for the benefit of 
189.15 	a gang where any person convicted and sentenced as required by section 609.229, subdivision 
189.16 	4, paragraph (a), is not eligible for probation, parole, discharge, work release, or supervised 
189.17 	release until that person has served the full term of imprisonment as provided by law;
189.18 	(6) section 152.026 where a person with a mandatory minimum sentence imposed for 
189.19 	a first or second degree controlled substance crime is not eligible for probation, parole, 
189.20 	discharge, or supervised release until that person has served the full term of imprisonment 
189.21 	as provided by law;
189.22 	(7) a person who was convicted in any other jurisdiction of a crime and the person's 
189.23 	supervision was transferred to this state;
189.24 	(8) section 243.166, subdivision 5, paragraph (e), predatory offender registration;
189.25 	(9) section 609.11, subdivision 6, use of firearm or dangerous weapon during the 
189.26 	commission of certain offenses;
189.27 	(10) section 609.221, subdivision 2, paragraph (b), use of deadly force against a peace 
189.28 	officer, prosecutor, judge, or correctional employee;
189.29 	(11) section 609.2231, subdivision 3a, paragraph (d), assault against secure treatment 
189.30 	personnel; and
190.1 	(12) a person subject to a conditional release term under section 609.3455, subdivisions 
190.2 	6 and 7, whether on the present offense or previous offense for which a term of conditional 
190.3 	release remains.
190.4 	(b) Persons serving life sentences, persons given indeterminate sentences for crimes 
190.5 	committed on or before April 30, 1980, or persons subject to good time under section 244.04, 
190.6 	or similar laws are ineligible for earned incentive release credit.

190.7 	Sec. 6. Minnesota Statutes 2020, section 244.05, subdivision 1b, is amended to read:
190.8 		Subd. 1b.Supervised release; offenders who commit crimes on or after August 1, 
190.9 	1993. (a) Except as provided in subdivisions 4 and 5, every inmate sentenced to prison for 
190.10 	a felony offense committed on or after August 1, 1993, shall serve a supervised release term 
190.11 	upon completion of the inmate's term of imprisonment and any disciplinary confinement 
190.12 	period imposed by the commissioner due to the inmate's violation of any disciplinary rule 
190.13 	adopted by the commissioner or refusal to participate in a rehabilitative program required 
190.14 	under section 244.03. The amount of time the inmate serves on supervised release shall be 
190.15 	equal in length to the amount of time remaining in the inmate's executed sentence after the 
190.16 	inmate has served the term of imprisonment reduced by any earned incentive release credit 
190.17 	and any disciplinary confinement period imposed by the commissioner.
190.18 	(b) No inmate who violates a disciplinary rule or refuses to participate in a rehabilitative 
190.19 	program as required under section 244.03 shall be placed on supervised release until the 
190.20 	inmate has served the disciplinary confinement period for that disciplinary sanction or until 
190.21 	the inmate is discharged or released from punitive segregation restrictive housing
190.22 	confinement, whichever is later. The imposition of a disciplinary confinement period shall 
190.23 	be considered to be a disciplinary sanction imposed upon an inmate, and the procedure for 
190.24 	imposing the disciplinary confinement period and the rights of the inmate in the procedure 
190.25 	shall be those in effect for the imposition of other disciplinary sanctions at each state 
190.26 	correctional institution.

190.27 	Sec. 7. [244.0551] EARNED COMPLIANCE CREDIT AND SUPERVISION 
190.28 	ABATEMENT STATUS.
190.29 	(a) For the purposes of this section, the following terms have the meanings given them:
190.30 	(1) "supervision abatement status" means an end to active correctional supervision of a 
190.31 	supervised individual without effect on the legal expiration date of the executed sentence 
190.32 	less any earned incentive release credit; and
191.1 	(2) "earned compliance credit" means a one-month reduction from the period of active 
191.2 	supervision of the supervised release term for every two months that a supervised individual 
191.3 	exhibits compliance with the conditions and goals of the individual's supervision plan.
191.4 	(b) The commissioner of corrections shall adopt policy providing for earned compliance 
191.5 	credit and forfeiture of the credit. The commissioner shall adjust the period of an individual's 
191.6 	supervised release term for earned compliance credits accrued under a program created 
191.7 	under this section. Once a combination of time served, earned incentive credit, along with 
191.8 	a term of supervision and earned compliance credits equal the supervised release term, the 
191.9 	commissioner shall place the individual on supervision abatement status.
191.10 	(c) A person whose period of active supervision has been completely reduced as a result 
191.11 	of earned compliance credits shall remain on supervision abatement status until the expiration 
191.12 	of the executed sentence, less any earned incentive release credit. If an individual is on 
191.13 	supervision abatement status and is charged with a new presumptive commit felony-level 
191.14 	crime against a person, the commissioner may return the individual to active supervision 
191.15 	and impose any additional sanctions, up to and including revocation from supervised release 
191.16 	and return to the custody of the commissioner.
191.17 	(d) A person who is placed on supervision abatement status under this section may not 
191.18 	be required to regularly report to a supervised release agent or pay a supervision fee but 
191.19 	must continue to obey all laws, report any new criminal charges, and abide by section 
191.20 	243.1605 before seeking written authorization to relocate to another state.
191.21 	(e) This section does not apply to persons serving life sentences, persons given 
191.22 	indeterminate sentences for crimes committed on or before April 30, 1980, or persons subject 
191.23 	to good time under section 244.04, or similar laws.

191.24 	Sec. 8. [244.0552] VICTIM INPUT.
191.25 	When an individual is committed to the custody of the commissioner for a crime of 
191.26 	violence and is eligible for earned incentive release credit under section 244.032, the 
191.27 	commissioner shall make reasonable efforts to notify the victim of the committed person's 
191.28 	eligibility for earned incentive release. Victim input may include a summary of victim 
191.29 	concerns relative to earned incentive release eligibility, concerns related to victim safety 
191.30 	during the committed person's term of imprisonment, and requests for imposition of victim 
191.31 	safety protocols as additional conditions of imprisonment or supervised release.
191.32 	The commissioner shall consider victim input statements in establishing requirements 
191.33 	governing conditions of release. The commissioner shall provide the name and telephone 
192.1 	number of the local victim agency serving the jurisdiction of release to any victim providing 
192.2 	input on earned incentive release.

192.3 	Sec. 9. [244.0553] VICTIM NOTIFICATION.
192.4 	Nothing in sections 244.031 to 244.033 or 244.0551 to 244.0554 limits any victim 
192.5 	notification obligations of the commissioner of corrections required by statute related to a 
192.6 	change in custody status, committing offense, end of confinement review, or notification 
192.7 	registration.

192.8 	Sec. 10. [244.0554] INTERSTATE COMPACT.
192.9 	As may be allowed by compact requirements established in section 243.1605, a person 
192.10 	subject to supervision on a Minnesota sentence in another state under the Interstate Compact 
192.11 	for Adult Offender Supervision may be eligible for supervision abatement status pursuant 
192.12 	to this chapter only if they meet eligibility criteria as established in this section and certified 
192.13 	by a supervising entity in another state.

192.14 	Sec. 11. [244.0555] REALLOCATION OF EARNED INCENTIVE RELEASE 
192.15 	SAVINGS.
192.16 		Subdivision 1.Definitions. (a) For the purposes of this section the terms in this 
192.17 	subdivision have the meanings given them.
192.18 	(b) "Commissioner" means the commissioner of corrections.
192.19 	(c) "Offender daily cost" means the actual nonsalary expenditures, including 
192.20 	encumbrances as of July 31 following the end of the fiscal year, from the Department of 
192.21 	Corrections expense budgets for case management, food preparation, food provisions, 
192.22 	offender personal support including clothing, linen and other personal supplies, transportation, 
192.23 	dental care, nursing services, and professional technical contracted health care services.
192.24 	(d) "Incarcerated days saved" means the number of days of an incarcerated person's 
192.25 	original sentence minus the number of actual days served, excluding days not served due 
192.26 	to death or as a result of time earned in the Challenge Incarceration Program under sections 
192.27 	244.17 to 244.173.
192.28 	(e) "Earned incentive release per day cost savings" means the calculation of the total 
192.29 	actual expenses identified in paragraph (c) divided by the average daily population, divided 
192.30 	by 365 days, which reflects the daily cost per person.
193.1 	(f) "Earned incentive release savings" means the calculation of the offender daily cost 
193.2 	multiplied by the number of incarcerated days saved for the period of one fiscal year.
193.3 		Subd. 2.Establishment of reallocation revenue account. The reallocation of earned 
193.4 	incentive release savings account is established in the special revenue fund in the state 
193.5 	treasury. Funds in the account are appropriated to the commissioner and shall be expended 
193.6 	in accordance with the allocation established in subdivision 5, once the requirements of 
193.7 	subdivision 3 are met. Funds in the account are available until expended.
193.8 		Subd. 3.Certification of earned incentive release savings. On or before the final 
193.9 	closeout date of each fiscal year, the commissioner shall certify to Minnesota Management 
193.10 	and Budget the earned incentive release savings from the previous fiscal year. The 
193.11 	commissioner shall provide the detailed calculation substantiating the savings amount, 
193.12 	including accounting system-generated data where possible, supporting the offender daily 
193.13 	cost and the incarcerated days saved.
193.14 		Subd. 4.Savings to be transferred to the reallocation revenue account. After the 
193.15 	certification in subdivision 3 is completed, the commissioner shall transfer funds from the 
193.16 	appropriation from which the savings occurred to the reallocation revenue account according 
193.17 	to the allocation in subdivision 5. Transfers shall occur before the final closeout each year.
193.18 		Subd. 5.Distribution of reallocation funds. The commissioner shall distribute funds 
193.19 	as follows:
193.20 	(1) 25 percent shall be transferred to the Office of Justice Programs in the Department 
193.21 	of Public Safety for crime victim services;
193.22 	(2) 25 percent shall be transferred to the Community Corrections Act subsidy 
193.23 	appropriation and to the Department of Corrections for supervised release and intensive 
193.24 	supervision services, based upon a three-year average of the release jurisdiction of supervised 
193.25 	releasees and intensive supervised releasees across the state;
193.26 	(3) 25 percent shall be transferred to the Department of Corrections for grants to develop 
193.27 	and invest in community-based services that support the identified needs of correctionally 
193.28 	involved individuals or individuals at risk of criminal justice system involvement, and for 
193.29 	sustaining the operation of evidence-based programming and domestic abuse programming 
193.30 	in state and local correctional facilities; and
193.31 	(4) 25 percent shall be transferred to the general fund.

194.1 	Sec. 12. [244.0556] REPORTING REQUIRED.
194.2 	(a) Beginning January 15, 2022, and by January 15 each year thereafter for a period of 
194.3 	ten years, the commissioner of corrections shall provide a report to the chairs and ranking 
194.4 	minority members of the house of representatives and senate committees and divisions with 
194.5 	jurisdiction over public safety and judiciary on the status of the requirements in this section 
194.6 	for the previous fiscal year. The report shall also be provided to the sitting president of the 
194.7 	Minnesota Association of Community Corrections Act Counties and the executive directors 
194.8 	of the Minnesota Sentencing Guidelines Commission, the Minnesota Indian Women's Sexual 
194.9 	Assault Coalition, the Minnesota Alliance on Crime, Violence Free Minnesota, the Minnesota 
194.10 	Coalition Against Sexual Assault, and the Minnesota County Attorney Association. The 
194.11 	report shall include but not be limited to:
194.12 	(1) a qualitative description of program development; implementation status; identified 
194.13 	implementation or operational challenges; strategies identified to mitigate and ensure that 
194.14 	the program does not create or exacerbate gender, racial, and ethnic disparities; the number, 
194.15 	reason, and background of those in the prison population deemed ineligible for participation 
194.16 	in the program; and proposed mechanisms for projecting future program savings and 
194.17 	reallocation of savings;
194.18 	(2) the number of persons granted earned incentive release, the total number of days of 
194.19 	incentive release earned, a summary of committing offenses for those individuals who 
194.20 	earned incentive release, the most recent calculated per diem, and the demographic data for 
194.21 	all persons eligible for earned incentive release and the reasons and demographic data of 
194.22 	those eligible individuals for whom earned incentive release was unearned or denied;
194.23 	(3) the number of persons who earned supervision abatement status, the total number 
194.24 	of days of supervision abatement earned, the committing offenses for those individuals 
194.25 	granted supervision abatement status, the number of revocations for reoffense while on 
194.26 	supervision abatement status, and the demographic data for all persons eligible for, considered 
194.27 	for, granted, or denied supervision abatement status and the reasons supervision abatement 
194.28 	status was unearned or denied; and
194.29 	(4) the number of victims who submitted input, the number of referrals to local 
194.30 	victim-serving agencies, and a summary of the kinds of victim services requested.
194.31 	(b) The commissioner shall solicit feedback on victim-related operational concerns as 
194.32 	it relates to the application earned incentive release and supervision abatement status options 
194.33 	from the Minnesota Indian Women's Sexual Assault Coalition, Minnesota Alliance on 
194.34 	Crime, Minnesota Coalition Against Sexual Assault, and Violence Free Minnesota. A 
195.1 	summary of the feedback from these organizations shall be included in the annual report 
195.2 	under paragraph (a).
195.3 	(c) The commissioner shall direct the Department of Corrections' research unit to perform 
195.4 	regular evaluation of the earned incentive release program and publish findings on the 
195.5 	Department of Corrections' website and in the annual report under paragraph (a).

195.6 	Sec. 13. EFFECTIVE DATE.
 195.7 	Sections 1 to 12 are effective August 1, 2021, and apply to persons sentenced to a fixed 
195.8 	executed sentence or to persons serving a fixed term of imprisonment in a state correctional 
195.9 	facility on or after that date.

195.10 	ARTICLE 13
195.11 	CRIMINAL SEXUAL CONDUCT REFORM

195.12 	Section 1. Minnesota Statutes 2020, section 243.166, subdivision 1b, is amended to read:
195.13 		Subd. 1b.Registration required. (a) A person shall register under this section if:
195.14 	(1) the person was charged with or petitioned for a felony violation of or attempt to 
195.15 	violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted 
195.16 	of or adjudicated delinquent for that offense or another offense arising out of the same set 
195.17 	of circumstances:
195.18 	(i) murder under section 609.185, paragraph (a), clause (2);
195.19 	(ii) kidnapping under section 609.25;
195.20 	(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451, 
195.21 	subdivision 3; or 609.3453;
195.22 	(iv) indecent exposure under section 617.23, subdivision 3; or
195.23 	(v) surreptitious intrusion under the circumstances described in section 609.746, 
195.24 	subdivision 1, paragraph (f);
195.25 	(2) the person was charged with or petitioned for a violation of, or attempt to violate, or 
195.26 	aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated 
195.27 	delinquent for that offense or another offense arising out of the same set of circumstances:
195.28 	(i) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);
195.29 	(ii) false imprisonment in violation of section 609.255, subdivision 2;
196.1 	(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in 
196.2 	the sex trafficking of a minor in violation of section 609.322;
196.3 	(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
196.4 	(v) soliciting a minor to engage in sexual conduct in violation of section 609.352, 
196.5 	subdivision 2 or 2a, clause (1);
196.6 	(vi) using a minor in a sexual performance in violation of section 617.246; or
196.7 	(vii) possessing pornographic work involving a minor in violation of section 617.247;
196.8 	(3) the person was sentenced as a patterned sex offender under section 609.3455, 
196.9 	subdivision 3a; or
196.10 	(4) the person was charged with or petitioned for, including pursuant to a court martial, 
196.11 	violating a law of the United States, including the Uniform Code of Military Justice, similar 
196.12 	to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent 
196.13 	for that offense or another offense arising out of the same set of circumstances.
196.14 	Notwithstanding clause (1), item (iii), a person is not required to register based on conduct 
196.15 	described in section 609.3451, subdivision 3, paragraph (a), unless the person has previously 
196.16 	been convicted of violating section 609.342; 609.343; 609.344; 609.345; 609.3451; 609.3453; 
196.17 	617.23, subdivision 2, clause (2), or 3; or 617.247.
196.18 	(b) A person also shall register under this section if:
196.19 	(1) the person was charged with or petitioned for an offense in another state that would 
196.20 	be a violation of a law described in paragraph (a) if committed in this state and convicted 
196.21 	of or adjudicated delinquent for that offense or another offense arising out of the same set 
196.22 	of circumstances;
196.23 	(2) the person enters this state to reside, work, or attend school, or enters this state and 
196.24 	remains for 14 days or longer or for an aggregate period of time exceeding 30 days during 
196.25 	any calendar year; and
196.26 	(3) ten years have not elapsed since the person was released from confinement or, if the 
196.27 	person was not confined, since the person was convicted of or adjudicated delinquent for 
196.28 	the offense that triggers registration, unless the person is subject to a longer registration 
196.29 	period under the laws of another state in which the person has been convicted or adjudicated, 
196.30 	or is subject to lifetime registration.
196.31 	If a person described in this paragraph is subject to a longer registration period in another 
196.32 	state or is subject to lifetime registration, the person shall register for that time period 
197.1 	regardless of when the person was released from confinement, convicted, or adjudicated 
197.2 	delinquent.
197.3 	(c) A person also shall register under this section if the person was committed pursuant 
197.4 	to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter 
197.5 	253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the 
197.6 	United States, regardless of whether the person was convicted of any offense.
197.7 	(d) A person also shall register under this section if:
197.8 	(1) the person was charged with or petitioned for a felony violation or attempt to violate 
197.9 	any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or 
197.10 	the United States, or the person was charged with or petitioned for a violation of any of the 
197.11 	offenses listed in paragraph (a), clause (2), or a similar law of another state or the United 
197.12 	States;
197.13 	(2) the person was found not guilty by reason of mental illness or mental deficiency 
197.14 	after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in 
197.15 	states with a guilty but mentally ill verdict; and
197.16 	(3) the person was committed pursuant to a court commitment order under section 
197.17 	253B.18 or a similar law of another state or the United States.

197.18 	Sec. 2. Minnesota Statutes 2020, section 609.2325, is amended to read:
197.19 	609.2325 CRIMINAL ABUSE.
197.20 		Subdivision 1.Crimes. (a) A caregiver who, with intent to produce physical or mental 
197.21 	pain or injury to a vulnerable adult, subjects a vulnerable adult to any aversive or deprivation 
197.22 	procedure, unreasonable confinement, or involuntary seclusion, is guilty of criminal abuse 
197.23 	and may be sentenced as provided in subdivision 3.
197.24 	This paragraph subdivision does not apply to therapeutic conduct.
197.25 	(b) A caregiver, facility staff person, or person providing services in a facility who 
197.26 	engages in sexual contact or penetration, as defined in section 609.341, under circumstances 
197.27 	other than those described in sections 609.342 to 609.345, with a resident, patient, or client 
197.28 	of the facility is guilty of criminal abuse and may be sentenced as provided in subdivision 
197.29 	3.
197.30 		Subd. 2.Exemptions. For the purposes of this section, a vulnerable adult is not abused 
197.31 	for the sole reason that:
198.1 	(1) the vulnerable adult or a person with authority to make health care decisions for the 
198.2 	vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections 
198.3 	253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, consistent with 
198.4 	that authority and within the boundary of reasonable medical practice, to any therapeutic 
198.5 	conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical 
198.6 	or mental condition of the vulnerable adult or, where permitted under law, to provide nutrition 
198.7 	and hydration parenterally or through intubation; this paragraph does not enlarge or diminish 
198.8 	rights otherwise held under law by:
198.9 	(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an 
198.10 	involved family member, to consent to or refuse consent for therapeutic conduct; or
198.11 	(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; or
198.12 	(2) the vulnerable adult, a person with authority to make health care decisions for the 
198.13 	vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or 
198.14 	prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of 
198.15 	medical care, provided that this is consistent with the prior practice or belief of the vulnerable 
198.16 	adult or with the expressed intentions of the vulnerable adult; or.
198.17 	(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or 
198.18 	emotional dysfunction or undue influence, engages in consensual sexual contact with: (i) a 
198.19 	person, including a facility staff person, when a consensual sexual personal relationship 
198.20 	existed prior to the caregiving relationship; or (ii) a personal care attendant, regardless of 
198.21 	whether the consensual sexual personal relationship existed prior to the caregiving 
198.22 	relationship.
198.23 		Subd. 3.Penalties. (a) A person who violates subdivision 1, paragraph (a), may be 
198.24 	sentenced as follows:
198.25 	(1) if the act results in the death of a vulnerable adult, imprisonment for not more than 
198.26 	15 years or payment of a fine of not more than $30,000, or both;
198.27 	(2) if the act results in great bodily harm, imprisonment for not more than ten years or 
198.28 	payment of a fine of not more than $20,000, or both;
198.29 	(3) if the act results in substantial bodily harm or the risk of death, imprisonment for not 
198.30 	more than five years or payment of a fine of not more than $10,000, or both; or
198.31 	(4) in other cases, imprisonment for not more than one year or payment of a fine of not 
198.32 	more than $3,000, or both.
199.1 	(b) A person who violates subdivision 1, paragraph (b), may be sentenced to imprisonment 
199.2 	for not more than one year or to payment of a fine of not more than $3,000, or both.

199.3 	Sec. 3. Minnesota Statutes 2020, section 609.341, subdivision 3, is amended to read:
199.4 		Subd. 3.Force. "Force" means either: (1) the infliction, by the actor of bodily harm; or 
199.5 	(2) the attempted infliction, or threatened infliction by the actor of bodily harm or commission 
199.6 	or threat of any other crime by the actor against the complainant or another, which (a) causes 
199.7 	the complainant to reasonably believe that the actor has the present ability to execute the 
199.8 	threat and (b) if the actor does not have a significant relationship to the complainant, also 
199.9 	causes the complainant to submit.

199.10 	Sec. 4. Minnesota Statutes 2020, section 609.341, subdivision 7, is amended to read:
199.11 		Subd. 7.Mentally incapacitated. "Mentally incapacitated" means:
199.12 	(1) that a person under the influence of alcohol, a narcotic, anesthetic, or any other 
199.13 	substance, administered to that person without the person's agreement, lacks the judgment 
199.14 	to give a reasoned consent to sexual contact or sexual penetration; or
199.15 	(2) that a person is under the influence of any substance or substances to a degree that 
199.16 	renders them incapable of consenting or incapable of appreciating, understanding, or 
199.17 	controlling the person's conduct.

199.18 	Sec. 5. Minnesota Statutes 2020, section 609.341, subdivision 11, is amended to read:
199.19 		Subd. 11.Sexual contact. (a) "Sexual contact," for the purposes of sections 609.343, 
199.20 	subdivision 1, clauses (a) to (f) (e), and subdivision 1a, clauses (a) to (f) and (i), and 609.345, 
199.21 	subdivision 1, clauses (a) to (e), (d) and (h) to (p) (i), and subdivision 1a, clauses (a) to (e), 
199.22 	(h), and (i), includes any of the following acts committed without the complainant's consent, 
199.23 	except in those cases where consent is not a defense, and committed with sexual or aggressive 
199.24 	intent:
199.25 	(i) the intentional touching by the actor of the complainant's intimate parts, or
199.26 	(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate 
199.27 	parts effected by a person in a current or recent position of authority, or by coercion, or by 
199.28 	inducement if the complainant is under 13 14 years of age or mentally impaired, or
199.29 	(iii) the touching by another of the complainant's intimate parts effected by coercion or 
199.30 	by a person in a current or recent position of authority, or
200.1 	(iv) in any of the cases above, the touching of the clothing covering the immediate area 
200.2 	of the intimate parts, or
200.3 	(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's 
200.4 	body or the clothing covering the complainant's body.
200.5 	(b) "Sexual contact," for the purposes of sections 609.343, subdivision 1 1a, clauses (g) 
200.6 	and (h), and 609.345, subdivision 1 1a, clauses (f) and (g), includes any of the following 
200.7 	acts committed with sexual or aggressive intent:
200.8 	(i) the intentional touching by the actor of the complainant's intimate parts;
200.9 	(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate 
200.10 	parts;
200.11 	(iii) the touching by another of the complainant's intimate parts;
200.12 	(iv) in any of the cases listed above, touching of the clothing covering the immediate 
200.13 	area of the intimate parts; or
200.14 	(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's 
200.15 	body or the clothing covering the complainant's body.
200.16 	(c) "Sexual contact with a person under 13 14" means the intentional touching of the 
200.17 	complainant's bare genitals or anal opening by the actor's bare genitals or anal opening with 
200.18 	sexual or aggressive intent or the touching by the complainant's bare genitals or anal opening 
200.19 	of the actor's or another's bare genitals or anal opening with sexual or aggressive intent.

200.20 	Sec. 6. Minnesota Statutes 2020, section 609.341, subdivision 12, is amended to read:
200.21 		Subd. 12.Sexual penetration. "Sexual penetration" means any of the following acts 
200.22 	committed without the complainant's consent, except in those cases where consent is not a 
200.23 	defense, whether or not emission of semen occurs:
200.24 	(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
200.25 	(2) any intrusion however slight into the genital or anal openings:
200.26 	(i) of the complainant's body by any part of the actor's body or any object used by the 
200.27 	actor for this purpose;
200.28 	(ii) of the complainant's body by any part of the body of the complainant, by any part 
200.29 	of the body of another person, or by any object used by the complainant or another person 
200.30 	for this purpose, when effected by a person in a current or recent position of authority, or 
201.1 	by coercion, or by inducement if the child is under 13 14 years of age or mentally impaired; 
201.2 	or
201.3 	(iii) of the body of the actor or another person by any part of the body of the complainant 
201.4 	or by any object used by the complainant for this purpose, when effected by a person in a 
201.5 	current or recent position of authority, or by coercion, or by inducement if the child is under 
201.6 	13 14 years of age or mentally impaired.

201.7 	Sec. 7. Minnesota Statutes 2020, section 609.341, subdivision 14, is amended to read:
201.8 		Subd. 14.Coercion. "Coercion" means the use by the actor of words or circumstances 
201.9 	that cause the complainant reasonably to fear that the actor will inflict the infliction of bodily 
201.10 	harm upon the complainant or another, or the use by the actor of confinement, or superior 
201.11 	size or strength, against the complainant that causes the complainant to submit to sexual 
201.12 	penetration or contact against the complainant's will to accomplish the act. Proof of coercion 
201.13 	does not require proof of a specific act or threat.

201.14 	Sec. 8. Minnesota Statutes 2020, section 609.341, subdivision 15, is amended to read:
201.15 		Subd. 15.Significant relationship. "Significant relationship" means a situation in which 
201.16 	the actor is:
201.17 	(1) the complainant's parent, stepparent, or guardian;
201.18 	(2) any of the following persons related to the complainant by blood, marriage, or 
201.19 	adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, 
201.20 	grandparent, great-grandparent, great-uncle, great-aunt; or
201.21 	(3) an adult who jointly resides intermittently or regularly in the same dwelling as the 
201.22 	complainant and who is not the complainant's spouse; or
201.23 	(4) an adult who is or was involved in a significant romantic or sexual relationship with 
201.24 	the parent of a complainant.

201.25 	Sec. 9. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision to 
201.26 	read:
201.27 		Subd. 24.Prohibited occupational relationship. A "prohibited occupational 
201.28 	relationship" exists when the actor is in one of the following occupations and the act takes 
201.29 	place under the specified circumstances:
201.30 	(1) the actor performed massage or other bodywork for hire, the sexual penetration or 
201.31 	sexual contact occurred during or immediately before or after the actor performed or was 
202.1 	hired to perform one of those services for the complainant, and the sexual penetration or 
202.2 	sexual contact was nonconsensual; or
202.3 	(2) the actor and the complainant were in one of the following occupational relationships 
202.4 	at the time of the act. Consent by the complainant is not a defense:
202.5 	(i) the actor was a psychotherapist, the complainant was the actor's patient, and the sexual 
202.6 	penetration or sexual contact occurred during a psychotherapy session or during a period 
202.7 	of time when the psychotherapist-patient relationship was ongoing;
202.8 	(ii) the actor was a psychotherapist and the complainant was the actor's former patient 
202.9 	who was emotionally dependent on the actor;
202.10 	(iii) the actor was or falsely impersonated a psychotherapist, the complainant was the 
202.11 	actor's patient or former patient, and the sexual penetration or sexual contact occurred by 
202.12 	means of therapeutic deception;
202.13 	(iv) the actor was or falsely impersonated a provider of medical services to the 
202.14 	complainant and the sexual penetration or sexual contact occurred by means of deception 
202.15 	or false representation that the sexual penetration or sexual contact was for a bona fide 
202.16 	medical purpose;
202.17 	(v) the actor was or falsely impersonated a member of the clergy, the complainant was 
202.18 	not married to the actor, the complainant met with the actor in private seeking or receiving 
202.19 	religious or spiritual advice, aid, or comfort from the actor, and the sexual penetration or 
202.20 	sexual contact occurred during the course of the meeting or during a period of time when 
202.21 	the meetings were ongoing;
202.22 	(vi) the actor provided special transportation service to the complainant and the sexual 
202.23 	penetration or sexual contact occurred during or immediately before or after the actor 
202.24 	transported the complainant;
202.25 	(vii) the actor was or falsely impersonated a peace officer, as defined in section 626.84, 
202.26 	the actor physically or constructively restrained the complainant or the complainant did not 
202.27 	reasonably feel free to leave the actor's presence, and the sexual penetration or sexual contact 
202.28 	was not pursuant to a lawful search or lawful use of force;
202.29 	(viii) the actor was an employee, independent contractor, or volunteer of a state, county, 
202.30 	city, or privately operated adult or juvenile correctional system, or secure treatment facility, 
202.31 	or treatment facility providing services to clients civilly committed as mentally ill and 
202.32 	dangerous, sexually dangerous persons, or sexual psychopathic personalities, including but 
203.1 	not limited to jails, prisons, detention centers, or work release facilities, and the complainant 
203.2 	was a resident of a facility or under supervision of the correctional system;
203.3 	(ix) the complainant was enrolled in a secondary school and:
203.4 	(A) the actor was a licensed educator employed or contracted to provide service for the 
203.5 	school at which the complainant was a student;
203.6 	(B) the actor was age 18 or older and at least 48 months older than the complainant and 
203.7 	was employed or contracted to provide service for the secondary school at which the 
203.8 	complainant was a student; or
203.9 	(C) the actor was age 18 or older and at least 48 months older than the complainant, and 
203.10 	was a licensed educator employed or contracted to provide services for an elementary, 
203.11 	middle, or secondary school;
203.12 	(x) the actor was a caregiver, facility staff person, or person providing services in a 
203.13 	facility, as defined under section 609.232, subdivision 3, and the complainant was a 
203.14 	vulnerable adult who was a resident, patient, or client of the facility who was impaired in 
203.15 	judgment or capacity by mental or emotional dysfunction or undue influence; or
203.16 	(xi) the actor was a caregiver, facility staff person, or person providing services in a 
203.17 	facility, and the complainant was a resident, patient, or client of the facility. This clause 
203.18 	does not apply if a consensual sexual personal relationship existed prior to the caregiving 
203.19 	relationship or if the actor was a personal care attendant.

203.20 	Sec. 10. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision 
203.21 	to read:
203.22 		Subd. 25.Caregiver. "Caregiver" has the meaning given in section 609.232, subdivision 
203.23 	2.

203.24 	Sec. 11. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision 
203.25 	to read:
203.26 		Subd. 26.Facility. "Facility" has the meaning given in section 609.232, subdivision 3.

203.27 	Sec. 12. Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision 
203.28 	to read:
203.29 		Subd. 27.Vulnerable adult. "Vulnerable adult" has the meaning given in section 
203.30 	609.232, subdivision 11.

204.1 	Sec. 13. Minnesota Statutes 2020, section 609.342, is amended to read:
204.2 	609.342 CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
204.3 		Subdivision 1.Adult victim; crime defined. A person who engages in sexual penetration 
204.4 	with another person, or in sexual contact with a person under 13 years of age as defined in 
204.5 	section 609.341, subdivision 11, paragraph (c), is guilty of criminal sexual conduct in the 
204.6 	first degree if any of the following circumstances exists:
204.7 	(a) the complainant is under 13 years of age and the actor is more than 36 months older 
204.8 	than the complainant. Neither mistake as to the complainant's age nor consent to the act by 
204.9 	the complainant is a defense;
204.10 	(b) the complainant is at least 13 years of age but less than 16 years of age and the actor 
204.11 	is more than 48 months older than the complainant and in a current or recent position of 
204.12 	authority over the complainant. Neither mistake as to the complainant's age nor consent to 
204.13 	the act by the complainant is a defense;
204.14 	(c) (a) circumstances existing at the time of the act cause the complainant to have a 
204.15 	reasonable fear of imminent great bodily harm to the complainant or another;
204.16 	(d) (b) the actor is armed with a dangerous weapon or any article used or fashioned in 
204.17 	a manner to lead the complainant to reasonably believe it to be a dangerous weapon and 
204.18 	uses or threatens to use the weapon or article to cause the complainant to submit;
204.19 	(e) (c) the actor causes personal injury to the complainant, and eitherany of the following 
204.20 	circumstances exist:
204.21 	(i) the actor uses force or coercion to accomplish the act; or
204.22 	(ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
204.23 	(ii) (iii) the actor knows or has reason to know that the complainant is mentally impaired, 
204.24 	mentally incapacitated, or physically helpless;
204.25 	(d) the actor uses force as defined in section 609.341, subdivision 3, clause (1); or
204.26 	(f) (e) the actor is aided or abetted by one or more accomplices within the meaning of 
204.27 	section 609.05, and either of the following circumstances exists:
204.28 	(i) the actor or an accomplice uses force or coercion to cause the complainant to submit; 
204.29 	or
204.30 	(ii) the actor or an accomplice is armed with a dangerous weapon or any article used or 
204.31 	fashioned in a manner to lead the complainant reasonably to believe it to be a dangerous 
205.1 	weapon and uses or threatens to use the weapon or article to cause the complainant to 
205.2 	submit;.
205.3 	(g) the actor has a significant relationship to the complainant and the complainant was 
205.4 	under 16 years of age at the time of the act. Neither mistake as to the complainant's age nor 
205.5 	consent to the act by the complainant is a defense; or
205.6 	(h) the actor has a significant relationship to the complainant, the complainant was under 
205.7 	16 years of age at the time of the act, and:
205.8 	(i) the actor or an accomplice used force or coercion to accomplish the act;
205.9 	(ii) the complainant suffered personal injury; or
205.10 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
205.11 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
205.12 	a defense.
205.13 		Subd. 1a.Victim under the age of 18; crime defined. A person who engages in 
205.14 	penetration with anyone under 18 years of age or sexual contact with a person under 14 
205.15 	years of age as defined in section 609.341, subdivision 11, paragraph (c), is guilty of criminal 
205.16 	sexual conduct in the first degree if any of the following circumstances exists:
205.17 	(a) circumstances existing at the time of the act cause the complainant to have a 
205.18 	reasonable fear of imminent great bodily harm to the complainant or another;
205.19 	(b) the actor is armed with a dangerous weapon or any article used or fashioned in a 
205.20 	manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses 
205.21 	or threatens to use the weapon or article to cause the complainant to submit;
205.22 	(c) the actor causes personal injury to the complainant, and any of the following 
205.23 	circumstances exist:
205.24 	(i) the actor uses coercion to accomplish the act;
205.25 	(ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
205.26 	(iii) the actor knows or has reason to know that the complainant is mentally impaired, 
205.27 	mentally incapacitated, or physically helpless;
205.28 	(d) the actor is aided or abetted by one or more accomplices within the meaning of 
205.29 	section 609.05, and either of the following circumstances exists:
205.30 	(i) the actor or an accomplice uses force or coercion to cause the complainant to submit; 
205.31 	or
206.1 	(ii) the actor or an accomplice is armed with a dangerous weapon or any article used or 
206.2 	fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous 
206.3 	weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
206.4 	(e) the complainant is under 14 years of age and the actor is more than 36 months older 
206.5 	than the complainant. Neither mistake as to the complainant's age nor consent to the act by 
206.6 	the complainant is a defense;
206.7 	(f) the complainant is at least 14 years of age but less than 16 years of age and:
206.8 	(i) the actor is more than 36 months older than the complainant; and
206.9 	(ii) the actor is in a current or recent position of authority over the complainant.
206.10 	Neither mistake as to the complainant's age nor consent to the act by the complainant is a 
206.11 	defense;
206.12 	(g) the complainant was under 16 years of age at the time of the act and the actor has a 
206.13 	significant relationship to the complainant. Neither mistake as to the complainant's age nor 
206.14 	consent to the act by the complainant is a defense;
206.15 	(h) the complainant was under 16 years of age at the time of the act, and the actor has 
206.16 	a significant relationship to the complainant and any of the following circumstances exist:
206.17 	(i) the actor or an accomplice used force or coercion to accomplish the act;
206.18 	(ii) the complainant suffered personal injury; or
206.19 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
206.20 	Neither mistake as to the complainant's age nor consent to the act by the complainant is a 
206.21 	defense; or
206.22 	(i) the actor uses force, as defined in section 609.341, subdivision 3, clause (1).
206.23 		Subd. 2.Penalty. (a) Except as otherwise provided in section 609.3455; or Minnesota 
206.24 	Statutes 2004, section 609.109, a person convicted under subdivision 1 or subdivision 1a 
206.25 	may be sentenced to imprisonment for not more than 30 years or to a payment of a fine of 
206.26 	not more than $40,000, or both.
206.27 	(b) Unless a longer mandatory minimum sentence is otherwise required by law or the 
206.28 	Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall 
206.29 	presume that an executed sentence of 144 months must be imposed on an offender convicted 
206.30 	of violating this section. Sentencing a person in a manner other than that described in this 
206.31 	paragraph is a departure from the Sentencing Guidelines.
207.1 	(c) A person convicted under this section is also subject to conditional release under 
207.2 	section 609.3455.
207.3 		Subd. 3.Stay. Except when imprisonment is required under section 609.3455; or 
207.4 	Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision 1 1a, 
207.5 	clause (g), the court may stay imposition or execution of the sentence if it finds that:
207.6 	(a) a stay is in the best interest of the complainant or the family unit; and
207.7 	(b) a professional assessment indicates that the offender has been accepted by and can 
207.8 	respond to a treatment program.
207.9 	If the court stays imposition or execution of sentence, it shall include the following as 
207.10 	conditions of probation:
207.11 	(1) incarceration in a local jail or workhouse;
207.12 	(2) a requirement that the offender complete a treatment program; and
207.13 	(3) a requirement that the offender have no unsupervised contact with the complainant 
207.14 	until the offender has successfully completed the treatment program unless approved by 
207.15 	the treatment program and the supervising correctional agent.

207.16 	Sec. 14. Minnesota Statutes 2020, section 609.343, is amended to read:
207.17 	609.343 CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.
207.18 		Subdivision 1.Adult victim; crime defined. A person who engages in sexual contact 
207.19 	with another person is guilty of criminal sexual conduct in the second degree if any of the 
207.20 	following circumstances exists:
207.21 	(a) the complainant is under 13 years of age and the actor is more than 36 months older 
207.22 	than the complainant. Neither mistake as to the complainant's age nor consent to the act by 
207.23 	the complainant is a defense. In a prosecution under this clause, the state is not required to 
207.24 	prove that the sexual contact was coerced;
207.25 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 
207.26 	48 months older than the complainant and in a current or recent position of authority over 
207.27 	the complainant. Neither mistake as to the complainant's age nor consent to the act by the 
207.28 	complainant is a defense;
207.29 	(c) (a) circumstances existing at the time of the act cause the complainant to have a 
207.30 	reasonable fear of imminent great bodily harm to the complainant or another;
208.1 	(d) (b) the actor is armed with a dangerous weapon or any article used or fashioned in 
208.2 	a manner to lead the complainant to reasonably believe it to be a dangerous weapon and 
208.3 	uses or threatens to use the dangerous weapon to cause the complainant to submit;
208.4 	(e) (c) the actor causes personal injury to the complainant, and eitherany of the following 
208.5 	circumstances exist:
208.6 	(i) the actor uses force or coercion to accomplish the sexual contact; or
208.7 	(ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
208.8 	(ii) (iii) the actor knows or has reason to know that the complainant is mentally impaired, 
208.9 	mentally incapacitated, or physically helpless;
208.10 	(d) the actor uses force as defined in section 609.341, subdivision 3, clause (1); or
208.11 	(f) (e) the actor is aided or abetted by one or more accomplices within the meaning of 
208.12 	section 609.05, and either of the following circumstances exists:
208.13 	(i) the actor or an accomplice uses force or coercion to cause the complainant to submit; 
208.14 	or
208.15 	(ii) the actor or an accomplice is armed with a dangerous weapon or any article used or 
208.16 	fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous 
208.17 	weapon and uses or threatens to use the weapon or article to cause the complainant to 
208.18 	submit;.
208.19 	(g) the actor has a significant relationship to the complainant and the complainant was 
208.20 	under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant's 
208.21 	age nor consent to the act by the complainant is a defense; or
208.22 	(h) the actor has a significant relationship to the complainant, the complainant was under 
208.23 	16 years of age at the time of the sexual contact, and:
208.24 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
208.25 	(ii) the complainant suffered personal injury; or
208.26 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
208.27 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
208.28 	a defense.
208.29 		Subd. 1a.Victim under the age of 18; crime defined. A person who engages in sexual 
208.30 	contact with anyone under 18 years of age is guilty of criminal sexual conduct in the second 
208.31 	degree if any of the following circumstances exists:
209.1 	(a) circumstances existing at the time of the act cause the complainant to have a 
209.2 	reasonable fear of imminent great bodily harm to the complainant or another;
209.3 	(b) the actor is armed with a dangerous weapon or any article used or fashioned in a 
209.4 	manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses 
209.5 	or threatens to use the dangerous weapon to cause the complainant to submit;
209.6 	(c) the actor causes personal injury to the complainant, and any of the following 
209.7 	circumstances exist:
209.8 	(i) the actor uses coercion to accomplish the sexual contact;
209.9 	(ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
209.10 	(iii) the actor knows or has reason to know that the complainant is mentally impaired, 
209.11 	mentally incapacitated, or physically helpless;
209.12 	(d) the actor is aided or abetted by one or more accomplices within the meaning of 
209.13 	section 609.05, and either of the following circumstances exists:
209.14 	(i) the actor or an accomplice uses force or coercion to cause the complainant to submit; 
209.15 	or
209.16 	(ii) the actor or an accomplice is armed with a dangerous weapon or any article used or 
209.17 	fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous 
209.18 	weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
209.19 	(e) the complainant is under 14 years of age and the actor is more than 36 months older 
209.20 	than the complainant. Neither mistake as to the complainant's age nor consent to the act by 
209.21 	the complainant is a defense. In a prosecution under this clause, the state is not required to 
209.22 	prove that the sexual contact was coerced;
209.23 	(f) the complainant is at least 14 but less than 16 years of age and the actor is more than 
209.24 	36 months older than the complainant and in a current or recent position of authority over 
209.25 	the complainant. Neither mistake as to the complainant's age nor consent to the act by the 
209.26 	complainant is a defense;
209.27 	(g) the complainant was under 16 years of age at the time of the sexual contact and the 
209.28 	actor has a significant relationship to the complainant. Neither mistake as to the complainant's 
209.29 	age nor consent to the act by the complainant is a defense;
209.30 	(h) the actor has a significant relationship to the complainant, the complainant was under 
209.31 	16 years of age at the time of the sexual contact, and:
209.32 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
210.1 	(ii) the complainant suffered personal injury; or
210.2 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
210.3 	Neither mistake as to the complainant's age nor consent to the act by the complainant is a 
210.4 	defense; or
210.5 	(i) the actor uses force, as defined in section 609.341, subdivision 3, clause (1).
210.6 		Subd. 2.Penalty. (a) Except as otherwise provided in section 609.3455; or Minnesota 
210.7 	Statutes 2004, section 609.109, a person convicted under subdivision 1 or subdivision 1a 
210.8 	may be sentenced to imprisonment for not more than 25 years or to a payment of a fine of 
210.9 	not more than $35,000, or both.
210.10 	(b) Unless a longer mandatory minimum sentence is otherwise required by law or the 
210.11 	Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall 
210.12 	presume that an executed sentence of 90 months must be imposed on an offender convicted 
210.13 	of violating subdivision 1, clause (a), (b), (c), (d), or (e), (f), or subdivision 1a, clause (a), 
210.14 	(b), (c), (d),or (h), or (i). Sentencing a person in a manner other than that described in this 
210.15 	paragraph is a departure from the Sentencing Guidelines.
210.16 	(c) A person convicted under this section is also subject to conditional release under 
210.17 	section 609.3455.
210.18 		Subd. 3.Stay. Except when imprisonment is required under section 609.3455; or 
210.19 	Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision 1 1a, 
210.20 	clause (g), the court may stay imposition or execution of the sentence if it finds that:
210.21 	(a) a stay is in the best interest of the complainant or the family unit; and
210.22 	(b) a professional assessment indicates that the offender has been accepted by and can 
210.23 	respond to a treatment program.
210.24 	If the court stays imposition or execution of sentence, it shall include the following as 
210.25 	conditions of probation:
210.26 	(1) incarceration in a local jail or workhouse;
210.27 	(2) a requirement that the offender complete a treatment program; and
210.28 	(3) a requirement that the offender have no unsupervised contact with the complainant 
210.29 	until the offender has successfully completed the treatment program unless approved by 
210.30 	the treatment program and the supervising correctional agent.

211.1 	Sec. 15. Minnesota Statutes 2020, section 609.344, is amended to read:
211.2 	609.344 CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.
211.3 		Subdivision 1.Adult victim; crime defined. A person who engages in sexual penetration 
211.4 	with another person is guilty of criminal sexual conduct in the third degree if any of the 
211.5 	following circumstances exists:
211.6 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
211.7 	older than the complainant. Neither mistake as to the complainant's age nor consent to the 
211.8 	act by the complainant shall be a defense;
211.9 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 
211.10 	24 months older than the complainant. In any such case if the actor is no more than 120 
211.11 	months older than the complainant, it shall be an affirmative defense, which must be proved 
211.12 	by a preponderance of the evidence, that the actor reasonably believes the complainant to 
211.13 	be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not 
211.14 	be a defense. Consent by the complainant is not a defense;
211.15 	(c) (a) the actor uses force or coercion to accomplish the penetration;
211.16 	(d) (b) the actor knows or has reason to know that the complainant is mentally impaired, 
211.17 	mentally incapacitated, or physically helpless;
211.18 	(c) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
211.19 	(d) at the time of the act, the actor is in a prohibited occupational relationship with the 
211.20 	complainant.
211.21 		Subd. 1a.Victim under the age of 18; crime defined. A person who engages in sexual 
211.22 	penetration with anyone under 18 years of age is guilty of criminal sexual conduct in the 
211.23 	third degree if any of the following circumstances exists:
211.24 	(a) the complainant is under 14 years of age and the actor is no more than 36 months 
211.25 	older than the complainant. Neither mistake as to the complainant's age nor consent to the 
211.26 	act by the complainant shall be a defense;
211.27 	(b) the complainant is at least 14 but less than 16 years of age and the actor is more than 
211.28 	36 months older than the complainant. In any such case if the actor is no more than 60 
211.29 	months older than the complainant, it shall be an affirmative defense, which must be proved 
211.30 	by a preponderance of the evidence, that the actor reasonably believes the complainant to 
211.31 	be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not 
211.32 	be a defense. Consent by the complainant is not a defense;
212.1 	(c) the actor uses coercion to accomplish the penetration;
212.2 	(d) the actor knows or has reason to know that the complainant is mentally impaired, 
212.3 	mentally incapacitated, or physically helpless;
212.4 	(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 
212.5 	48 36 months older than the complainant and in a current or recent position of authority 
212.6 	over the complainant. Neither mistake as to the complainant's age nor consent to the act by 
212.7 	the complainant is a defense;
212.8 	(f) the actor has a significant relationship to the complainant and the complainant was 
212.9 	at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake 
212.10 	as to the complainant's age nor consent to the act by the complainant is a defense;
212.11 	(g) the actor has a significant relationship to the complainant, the complainant was at 
212.12 	least 16 but under 18 years of age at the time of the sexual penetration, and:
212.13 	(i) the actor or an accomplice used force or coercion to accomplish the penetration;
212.14 	(ii) the complainant suffered personal injury; or
212.15 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
212.16 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
212.17 	a defense;
212.18 	(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist 
212.19 	and the sexual penetration occurred:the actor uses force, as defined in section 609.341, 
212.20 	subdivision 3, clause (2); or
212.21 	(i) at the time of the act, the actor is in a prohibited occupational relationship with the 
212.22 	complainant.
212.23 	(i) during the psychotherapy session; or
212.24 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship 
212.25 	exists.
212.26 	Consent by the complainant is not a defense;
212.27 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
212.28 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
212.29 	(j) the actor is a psychotherapist and the complainant is a patient or former patient and 
212.30 	the sexual penetration occurred by means of therapeutic deception. Consent by the 
212.31 	complainant is not a defense;
213.1 	(k) the actor accomplishes the sexual penetration by means of deception or false 
213.2 	representation that the penetration is for a bona fide medical purpose. Consent by the 
213.3 	complainant is not a defense;
213.4 	(1) the actor is or purports to be a member of the clergy, the complainant is not married 
213.5 	to the actor, and:
213.6 	(i) the sexual penetration occurred during the course of a meeting in which the 
213.7 	complainant sought or received religious or spiritual advice, aid, or comfort from the actor 
213.8 	in private; or
213.9 	(ii) the sexual penetration occurred during a period of time in which the complainant 
213.10 	was meeting on an ongoing basis with the actor to seek or receive religious or spiritual 
213.11 	advice, aid, or comfort in private. Consent by the complainant is not a defense;
213.12 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
213.13 	city, or privately operated adult or juvenile correctional system, or secure treatment facility, 
213.14 	or treatment facility providing services to clients civilly committed as mentally ill and 
213.15 	dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but 
213.16 	not limited to, jails, prisons, detention centers, or work release facilities, and the complainant 
213.17 	is a resident of a facility or under supervision of the correctional system. Consent by the 
213.18 	complainant is not a defense;
213.19 	(n) the actor provides or is an agent of an entity that provides special transportation 
213.20 	service, the complainant used the special transportation service, and the sexual penetration 
213.21 	occurred during or immediately before or after the actor transported the complainant. Consent 
213.22 	by the complainant is not a defense;
213.23 	(o) the actor performs massage or other bodywork for hire, the complainant was a user 
213.24 	of one of those services, and nonconsensual sexual penetration occurred during or 
213.25 	immediately before or after the actor performed or was hired to perform one of those services 
213.26 	for the complainant; or
213.27 	(p) the actor is a peace officer, as defined in section 626.84, and the officer physically 
213.28 	or constructively restrains the complainant or the complainant does not reasonably feel free 
213.29 	to leave the officer's presence. Consent by the complainant is not a defense. This paragraph 
213.30 	does not apply to any penetration of the mouth, genitals, or anus during a lawful search.
213.31 		Subd. 2.Penalty. Except as otherwise provided in section 609.3455, a person convicted 
213.32 	under subdivision 1 or subdivision 1a may be sentenced:
214.1 	(1) to imprisonment for not more than 15 years or to a payment of a fine of not more 
214.2 	than $30,000, or both; or
214.3 	(2) if the person was convicted under subdivision 1 1a, paragraph (b), and if the actor 
214.4 	was no more than 48 months but more than 24 months older than the complainant, to 
214.5 	imprisonment for not more than five years or a fine of not more than $30,000, or both.
214.6 	A person convicted under this section is also subject to conditional release under section 
214.7 	609.3455.
214.8 		Subd. 3.Stay. Except when imprisonment is required under section 609.3455; or 
214.9 	Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision 1 1a, 
214.10 	clause (f), the court may stay imposition or execution of the sentence if it finds that:
214.11 	(a) a stay is in the best interest of the complainant or the family unit; and
214.12 	(b) a professional assessment indicates that the offender has been accepted by and can 
214.13 	respond to a treatment program.
214.14 	If the court stays imposition or execution of sentence, it shall include the following as 
214.15 	conditions of probation:
214.16 	(1) incarceration in a local jail or workhouse;
214.17 	(2) a requirement that the offender complete a treatment program; and
214.18 	(3) a requirement that the offender have no unsupervised contact with the complainant 
214.19 	until the offender has successfully completed the treatment program unless approved by 
214.20 	the treatment program and the supervising correctional agent.

214.21 	Sec. 16. Minnesota Statutes 2020, section 609.345, is amended to read:
214.22 	609.345 CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.
214.23 		Subdivision 1.Adult victim; crime defined. A person who engages in sexual contact 
214.24 	with another person is guilty of criminal sexual conduct in the fourth degree if any of the 
214.25 	following circumstances exists:
214.26 	(a) the complainant is under 13 years of age and the actor is no more than 36 months 
214.27 	older than the complainant. Neither mistake as to the complainant's age or consent to the 
214.28 	act by the complainant is a defense. In a prosecution under this clause, the state is not 
214.29 	required to prove that the sexual contact was coerced;
214.30 	(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 
214.31 	48 months older than the complainant or in a current or recent position of authority over 
215.1 	the complainant. Consent by the complainant to the act is not a defense. In any such case, 
215.2 	if the actor is no more than 120 months older than the complainant, it shall be an affirmative 
215.3 	defense which must be proved by a preponderance of the evidence that the actor reasonably 
215.4 	believes the complainant to be 16 years of age or older. In all other cases, mistake as to the 
215.5 	complainant's age shall not be a defense;
215.6 	(c) (a) the actor uses force or coercion to accomplish the sexual contact;
215.7 	(d) (b) the actor knows or has reason to know that the complainant is mentally impaired, 
215.8 	mentally incapacitated, or physically helpless;
215.9 	(c) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
215.10 	(d) at the time of the act, the actor is in a prohibited occupational relationship with the 
215.11 	complainant.
215.12 		Subd. 1a.Victim under the age of 18; crime defined. A person who engages in sexual 
215.13 	contact with anyone under 18 years of age is guilty of criminal sexual conduct in the fourth 
215.14 	degree if any of the following circumstances exists:
215.15 	(a) the complainant is under 14 years of age and the actor is no more than 36 months 
215.16 	older than the complainant. Neither mistake as to the complainant's age or consent to the 
215.17 	act by the complainant is a defense. In a prosecution under this clause, the state is not 
215.18 	required to prove that the sexual contact was coerced;
215.19 	(b) the complainant is at least 14 but less than 16 years of age and the actor is more than 
215.20 	36 months older than the complainant or in a current or recent position of authority over 
215.21 	the complainant. Consent by the complainant to the act is not a defense.
215.22 	Mistake of age is not a defense unless actor is less than 60 months older. In any such case, 
215.23 	if the actor is no more than 60 months older than the complainant, it shall be an affirmative 
215.24 	defense which must be proved by a preponderance of the evidence that the actor reasonably 
215.25 	believes the complainant to be 16 years of age or older. In all other cases, mistake as to the 
215.26 	complainant's age shall not be a defense;
215.27 	(c) the actor uses coercion to accomplish the sexual contact;
215.28 	(d) The actor knows or has reason to know that the complainant is mentally impaired, 
215.29 	mentally incapacitated, or physically helpless;
215.30 	(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 
215.31 	48 36 months older than the complainant and in a current or recent position of authority 
216.1 	over the complainant. Neither mistake as to the complainant's age nor consent to the act by 
216.2 	the complainant is a defense;
216.3 	(f) the actor has a significant relationship to the complainant and the complainant was 
216.4 	at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to 
216.5 	the complainant's age nor consent to the act by the complainant is a defense;
216.6 	(g) the actor has a significant relationship to the complainant, the complainant was at 
216.7 	least 16 but under 18 years of age at the time of the sexual contact, and:
216.8 	(i) the actor or an accomplice used force or coercion to accomplish the contact;
216.9 	(ii) the complainant suffered personal injury; or
216.10 	(iii) the sexual abuse involved multiple acts committed over an extended period of time.
216.11 	Neither mistake as to the complainant's age nor consent to the act by the complainant is 
216.12 	a defense;
216.13 	(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist 
216.14 	and the sexual contact occurred:the actor uses force, as defined in section 609.341, 
216.15 	subdivision 3, clause (2); or
216.16 	(i) at the time of the act, the actor is in a prohibited occupational relationship with the 
216.17 	complainant.
216.18 	(i) during the psychotherapy session; or
216.19 	(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship 
216.20 	exists. Consent by the complainant is not a defense;
216.21 	(i) the actor is a psychotherapist and the complainant is a former patient of the 
216.22 	psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
216.23 	(j) the actor is a psychotherapist and the complainant is a patient or former patient and 
216.24 	the sexual contact occurred by means of therapeutic deception. Consent by the complainant 
216.25 	is not a defense;
216.26 	(k) the actor accomplishes the sexual contact by means of deception or false representation 
216.27 	that the contact is for a bona fide medical purpose. Consent by the complainant is not a 
216.28 	defense;
216.29 	(1) the actor is or purports to be a member of the clergy, the complainant is not married 
216.30 	to the actor, and:
217.1 	(i) the sexual contact occurred during the course of a meeting in which the complainant 
217.2 	sought or received religious or spiritual advice, aid, or comfort from the actor in private; or
217.3 	(ii) the sexual contact occurred during a period of time in which the complainant was 
217.4 	meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, 
217.5 	aid, or comfort in private. Consent by the complainant is not a defense;
217.6 	(m) the actor is an employee, independent contractor, or volunteer of a state, county, 
217.7 	city, or privately operated adult or juvenile correctional system, or secure treatment facility, 
217.8 	or treatment facility providing services to clients civilly committed as mentally ill and 
217.9 	dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but 
217.10 	not limited to, jails, prisons, detention centers, or work release facilities, and the complainant 
217.11 	is a resident of a facility or under supervision of the correctional system. Consent by the 
217.12 	complainant is not a defense;
217.13 	(n) the actor provides or is an agent of an entity that provides special transportation 
217.14 	service, the complainant used the special transportation service, the complainant is not 
217.15 	married to the actor, and the sexual contact occurred during or immediately before or after 
217.16 	the actor transported the complainant. Consent by the complainant is not a defense;
217.17 	(o) the actor performs massage or other bodywork for hire, the complainant was a user 
217.18 	of one of those services, and nonconsensual sexual contact occurred during or immediately 
217.19 	before or after the actor performed or was hired to perform one of those services for the 
217.20 	complainant; or
217.21 	(p) the actor is a peace officer, as defined in section 626.84, and the officer physically 
217.22 	or constructively restrains the complainant or the complainant does not reasonably feel free 
217.23 	to leave the officer's presence. Consent by the complainant is not a defense.
217.24 		Subd. 2.Penalty. Except as otherwise provided in section 609.3455, a person convicted 
217.25 	under subdivision 1 or subdivision 1a may be sentenced to imprisonment for not more than 
217.26 	ten years or to a payment of a fine of not more than $20,000, or both. A person convicted 
217.27 	under this section is also subject to conditional release under section 609.3455.
217.28 		Subd. 3.Stay. Except when imprisonment is required under section 609.3455; or 
217.29 	Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision 1 1a, 
217.30 	clause (f), the court may stay imposition or execution of the sentence if it finds that:
217.31 	(a) a stay is in the best interest of the complainant or the family unit; and
217.32 	(b) a professional assessment indicates that the offender has been accepted by and can 
217.33 	respond to a treatment program.
218.1 	If the court stays imposition or execution of sentence, it shall include the following as 
218.2 	conditions of probation:
218.3 	(1) incarceration in a local jail or workhouse;
218.4 	(2) a requirement that the offender complete a treatment program; and
218.5 	(3) a requirement that the offender have no unsupervised contact with the complainant 
218.6 	until the offender has successfully completed the treatment program unless approved by 
218.7 	the treatment program and the supervising correctional agent.

218.8 	Sec. 17. Minnesota Statutes 2020, section 609.3451, is amended to read:
218.9 	609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.
218.10 		Subdivision 1.Sexual penetration; crime defined. A person is guilty of criminal sexual 
218.11 	conduct in the fifth degree: if the person engages in nonconsensual sexual penetration.
218.12 		Subd. 1a.Sexual contact; child present; crime defined. A person is guilty of criminal 
218.13 	sexual conduct in the fifth degree if:
218.14 	(1) if the person engages in nonconsensual sexual contact; or
218.15 	(2) the person engages in masturbation or lewd exhibition of the genitals in the presence 
218.16 	of a minor under the age of 16, knowing or having reason to know the minor is present.
218.17 	For purposes of this section, "sexual contact" has the meaning given in section 609.341, 
218.18 	subdivision 11, paragraph (a), clauses (i), (iv), and (v). Sexual contact also includes the 
218.19 	intentional removal or attempted removal of clothing covering the complainant's intimate 
218.20 	parts or undergarments, and the nonconsensual touching by the complainant of the actor's 
218.21 	intimate parts, effected by the actor, if the action is performed with sexual or aggressive 
218.22 	intent.
218.23 		Subd. 2.Gross misdemeanor. A person convicted under subdivision 11a may be 
218.24 	sentenced to imprisonment for not more than one year or to a payment of a fine of not more 
218.25 	than $3,000, or both.
218.26 		Subd. 3.Felony. (a) A person is guilty of a felony and may be sentenced to imprisonment 
218.27 	for not more than two years or to payment of a fine of not more than $10,000, or both, if 
218.28 	the person violates subdivision 1.
218.29 	(b) A person is guilty of a felony and may be sentenced to imprisonment for not more 
218.30 	than seven years or to payment of a fine of not more than $14,000, or both, if the person 
218.31 	violates this section subdivision 1 or 1a within seven ten years of:
219.1 	(1) conviction or adjudication under subdivision 1; or
219.2 	(2) a previous conviction or adjudication for violating subdivision 1 1a, clause (2), a 
219.3 	crime described in paragraph (b), or a statute from another state in conformity with any of 
219.4 	these offenses; or
219.5 	(2) (3) the first of two or more previous convictions for violating subdivision 1 1a, clause 
219.6 	(1), or a statute from another state in conformity with this offense.
219.7 	(b) (c) A previous conviction for violating section 609.342; 609.343; 609.344; 609.345; 
219.8 	609.3453; 617.23, subdivision 2, clause (2), or subdivision 3; or 617.247 may be used to 
219.9 	enhance a criminal penalty as provided in paragraph (a).

219.10 	Sec. 18. Minnesota Statutes 2020, section 609.3455, is amended to read:
219.11 	609.3455 DANGEROUS SEX OFFENDERS; LIFE SENTENCES; CONDITIONAL 
219.12 	RELEASE.
219.13 		Subdivision 1.Definitions. (a) As used in this section, the following terms have the 
219.14 	meanings given.
219.15 	(b) "Conviction" includes a conviction as an extended jurisdiction juvenile under section 
219.16 	260B.130 for a violation of, or an attempt to violate, section 609.342, 609.343, 609.344, or
219.17 	609.3453, or 609.3458, if the adult sentence has been executed.
219.18 	(c) "Extreme inhumane conditions" mean situations where, either before or after the 
219.19 	sexual penetration or sexual contact, the offender knowingly causes or permits the 
219.20 	complainant to be placed in a situation likely to cause the complainant severe ongoing 
219.21 	mental, emotional, or psychological harm, or causes the complainant's death.
219.22 	(d) A "heinous element" includes:
219.23 	(1) the offender tortured the complainant;
219.24 	(2) the offender intentionally inflicted great bodily harm upon the complainant;
219.25 	(3) the offender intentionally mutilated the complainant;
219.26 	(4) the offender exposed the complainant to extreme inhumane conditions;
219.27 	(5) the offender was armed with a dangerous weapon or any article used or fashioned 
219.28 	in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and 
219.29 	used or threatened to use the weapon or article to cause the complainant to submit;
219.30 	(6) the offense involved sexual penetration or sexual contact with more than one victim;
220.1 	(7) the offense involved more than one perpetrator engaging in sexual penetration or 
220.2 	sexual contact with the complainant; or
220.3 	(8) the offender, without the complainant's consent, removed the complainant from one 
220.4 	place to another and did not release the complainant in a safe place.
220.5 	(e) "Mutilation" means the intentional infliction of physical abuse designed to cause 
220.6 	serious permanent disfigurement or permanent or protracted loss or impairment of the 
220.7 	functions of any bodily member or organ, where the offender relishes the infliction of the 
220.8 	abuse, evidencing debasement or perversion.
220.9 	(f) A conviction is considered a "previous sex offense conviction" if the offender was 
220.10 	convicted and sentenced for a sex offense before the commission of the present offense.
220.11 	(g) A conviction is considered a "prior sex offense conviction" if the offender was 
220.12 	convicted of committing a sex offense before the offender has been convicted of the present 
220.13 	offense, regardless of whether the offender was convicted for the first offense before the 
220.14 	commission of the present offense, and the convictions involved separate behavioral 
220.15 	incidents.
220.16 	(h) "Sex offense" means any violation of, or attempt to violate, section 609.342, 609.343, 
220.17 	609.344, 609.345, 609.3451, 609.3453, 609.3458, or any similar statute of the United States, 
220.18 	this state, or any other state.
220.19 	(i) "Torture" means the intentional infliction of extreme mental anguish, or extreme 
220.20 	psychological or physical abuse, when committed in an especially depraved manner.
220.21 	(j) An offender has "two previous sex offense convictions" only if the offender was 
220.22 	convicted and sentenced for a sex offense committed after the offender was earlier convicted 
220.23 	and sentenced for a sex offense and both convictions preceded the commission of the present 
220.24 	offense of conviction.
220.25 		Subd. 2.Mandatory life sentence without release; egregious first-time and repeat 
220.26 	offenders. (a) Notwithstanding the statutory maximum penalty otherwise applicable to the 
220.27 	offense, the court shall sentence a person convicted under section 609.342, subdivision 1, 
220.28 	paragraph (a), (b), (c), (d), or (e), (f), or (h); or609.342, subdivision 1a, clause (a), (b), (c), 
220.29 	(d), (h), or (i);609.343, subdivision 1, paragraph (a), (b), (c), (d), or (e), (f),; or (h)609.343, 
220.30 	subdivision 1a, clause (a), (b), (c), (d), (h), or (i), to life without the possibility of release 
220.31 	if:
220.32 	(1) the fact finder determines that two or more heinous elements exist; or
221.1 	(2) the person has a previous sex offense conviction for a violation of section 609.342, 
221.2 	609.343, or609.344, or 609.3458, and the fact finder determines that a heinous element 
221.3 	exists for the present offense.
221.4 	(b) A fact finder may not consider a heinous element if it is an element of the underlying 
221.5 	specified violation of section 609.342 or 609.343. In addition, when determining whether 
221.6 	two or more heinous elements exist, the fact finder may not use the same underlying facts 
221.7 	to support a determination that more than one element exists.
221.8 		Subd. 3.Mandatory life sentence for egregious first-time offenders. (a) 
221.9 	Notwithstanding the statutory maximum penalty otherwise applicable to the offense, the 
221.10 	court shall sentence a person to imprisonment for life if the person is convicted under section 
221.11 	609.342, subdivision 1, paragraph (a), (b), (c), (d), or (e), (f), or (h), or; 609.342, subdivision 
221.12 	1a, clause (a), (b), (c), (d), (h), or (i);609.343, subdivision 1, paragraph (a), (b), (c), (d), or 
221.13 	(e), (f), or (h); or 609.343, subdivision 1a, clause (a), (b), (c), (d), (h), or (i); and the fact 
221.14 	finder determines that a heinous element exists.
221.15 	(b) The fact finder may not consider a heinous element if it is an element of the underlying 
221.16 	specified violation of section 609.342 or 609.343.
221.17 		Subd. 3a.Mandatory sentence for certain engrained offenders. (a) A court shall 
221.18 	commit a person to the commissioner of corrections for a period of time that is not less than 
221.19 	double the presumptive sentence under the sentencing guidelines and not more than the 
221.20 	statutory maximum, or if the statutory maximum is less than double the presumptive sentence, 
221.21 	for a period of time that is equal to the statutory maximum, if:
221.22 	(1) the court is imposing an executed sentence on a person convicted of committing or 
221.23 	attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, or609.3453, 
221.24 	or 609.3458;
221.25 	(2) the fact finder determines that the offender is a danger to public safety; and
221.26 	(3) the fact finder determines that the offender's criminal sexual behavior is so engrained 
221.27 	that the risk of reoffending is great without intensive psychotherapeutic intervention or other 
221.28 	long-term treatment or supervision extending beyond the presumptive term of imprisonment 
221.29 	and supervised release.
221.30 	(b) The fact finder shall base its determination that the offender is a danger to public 
221.31 	safety on any of the following factors:
221.32 	(1) the crime involved an aggravating factor that would justify a durational departure 
221.33 	from the presumptive sentence under the sentencing guidelines;
222.1 	(2) the offender previously committed or attempted to commit a predatory crime or a 
222.2 	violation of section 609.224 or 609.2242, including:
222.3 	(i) an offense committed as a juvenile that would have been a predatory crime or a 
222.4 	violation of section 609.224 or 609.2242 if committed by an adult; or
222.5 	(ii) a violation or attempted violation of a similar law of any other state or the United 
222.6 	States; or
222.7 	(3) the offender planned or prepared for the crime prior to its commission.
222.8 	(c) As used in this section, "predatory crime" has the meaning given in section 609.341, 
222.9 	subdivision 22.
222.10 		Subd. 4.Mandatory life sentence; repeat offenders. (a) Notwithstanding the statutory 
222.11 	maximum penalty otherwise applicable to the offense, the court shall sentence a person to 
222.12 	imprisonment for life if the person is convicted of violating section 609.342, 609.343, 
222.13 	609.344, 609.345, or609.3453, or 609.3458 and:
222.14 	(1) the person has two previous sex offense convictions;
222.15 	(2) the person has a previous sex offense conviction and:
222.16 	(i) the fact finder determines that the present offense involved an aggravating factor that 
222.17 	would provide grounds for an upward durational departure under the sentencing guidelines 
222.18 	other than the aggravating factor applicable to repeat criminal sexual conduct convictions;
222.19 	(ii) the person received an upward durational departure from the sentencing guidelines 
222.20 	for the previous sex offense conviction; or
222.21 	(iii) the person was sentenced under this section or Minnesota Statutes 2004, section 
222.22 	609.108, for the previous sex offense conviction; or
222.23 	(3) the person has two prior sex offense convictions, and the fact finder determines that 
222.24 	the prior convictions and present offense involved at least three separate victims, and:
222.25 	(i) the fact finder determines that the present offense involved an aggravating factor that 
222.26 	would provide grounds for an upward durational departure under the sentencing guidelines 
222.27 	other than the aggravating factor applicable to repeat criminal sexual conduct convictions;
222.28 	(ii) the person received an upward durational departure from the sentencing guidelines 
222.29 	for one of the prior sex offense convictions; or
222.30 	(iii) the person was sentenced under this section or Minnesota Statutes 2004, section 
222.31 	609.108, for one of the prior sex offense convictions.
223.1 	(b) Notwithstanding paragraph (a), a court may not sentence a person to imprisonment 
223.2 	for life for a violation of section 609.345, unless the person's previous or prior sex offense 
223.3 	convictions that are being used as the basis for the sentence are for violations of section 
223.4 	609.342, 609.343, 609.344, or609.3453, or 609.3458, or any similar statute of the United 
223.5 	States, this state, or any other state.
223.6 		Subd. 5.Life sentences; minimum term of imprisonment. At the time of sentencing 
223.7 	under subdivision 3 or 4, the court shall specify a minimum term of imprisonment, based 
223.8 	on the sentencing guidelines or any applicable mandatory minimum sentence, that must be 
223.9 	served before the offender may be considered for supervised release.
223.10 		Subd. 6.Mandatory ten-year conditional release term. Notwithstanding the statutory 
223.11 	maximum sentence otherwise applicable to the offense and unless a longer conditional 
223.12 	release term is required in subdivision 7, when a court commits an offender to the custody 
223.13 	of the commissioner of corrections for a violation of section 609.342, 609.343, 609.344, 
223.14 	609.345, or609.3453, or 609.3458, the court shall provide that, after the offender has been 
223.15 	released from prison, the commissioner shall place the offender on conditional release for 
223.16 	ten years.
223.17 		Subd. 7.Mandatory lifetime conditional release term. (a) When a court sentences an 
223.18 	offender under subdivision 3 or 4, the court shall provide that, if the offender is released 
223.19 	from prison, the commissioner of corrections shall place the offender on conditional release 
223.20 	for the remainder of the offender's life.
223.21 	(b) Notwithstanding the statutory maximum sentence otherwise applicable to the offense, 
223.22 	when the court commits an offender to the custody of the commissioner of corrections for 
223.23 	a violation of section 609.342, 609.343, 609.344, 609.345, or609.3453, or 609.3458, and 
223.24 	the offender has a previous or prior sex offense conviction, the court shall provide that, after 
223.25 	the offender has been released from prison, the commissioner shall place the offender on 
223.26 	conditional release for the remainder of the offender's life.
223.27 	(c) Notwithstanding paragraph (b), an offender may not be placed on lifetime conditional 
223.28 	release for a violation of section 609.345, unless the offender's previous or prior sex offense 
223.29 	conviction is for a violation of section 609.342, 609.343, 609.344, or609.3453, or 609.3458, 
223.30 	or any similar statute of the United States, this state, or any other state.
223.31 		Subd. 8.Terms of conditional release; applicable to all sex offenders. (a) The 
223.32 	provisions of this subdivision relating to conditional release apply to all sex offenders 
223.33 	sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, or
223.34 	609.3453, or 609.3458. Except as provided in this subdivision, conditional release of sex 
224.1 	offenders is governed by provisions relating to supervised release. The commissioner of 
224.2 	corrections may not dismiss an offender on conditional release from supervision until the 
224.3 	offender's conditional release term expires.
224.4 	(b) The conditions of release may include successful completion of treatment and aftercare 
224.5 	in a program approved by the commissioner, satisfaction of the release conditions specified 
224.6 	in section 244.05, subdivision 6, and any other conditions the commissioner considers 
224.7 	appropriate. The commissioner shall develop a plan to pay the cost of treatment of a person 
224.8 	released under this subdivision. The plan may include co-payments from offenders, 
224.9 	third-party payers, local agencies, or other funding sources as they are identified. This 
224.10 	section does not require the commissioner to accept or retain an offender in a treatment 
224.11 	program. Before the offender is placed on conditional release, the commissioner shall notify 
224.12 	the sentencing court and the prosecutor in the jurisdiction where the offender was sentenced 
224.13 	of the terms of the offender's conditional release. The commissioner also shall make 
224.14 	reasonable efforts to notify the victim of the offender's crime of the terms of the offender's 
224.15 	conditional release.
224.16 	(c) If the offender fails to meet any condition of release, the commissioner may revoke 
224.17 	the offender's conditional release and order that the offender serve all or a part of the 
224.18 	remaining portion of the conditional release term in prison. An offender, while on supervised 
224.19 	release, is not entitled to credit against the offender's conditional release term for time served 
224.20 	in confinement for a violation of release.
224.21 		Subd. 9.Applicability. The provisions of this section do not affect the applicability of 
224.22 	Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005, or 
224.23 	the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.
224.24 		Subd. 10.Presumptive executed sentence for repeat sex offenders. Except as provided 
224.25 	in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to 609.345 or 
224.26 	609.3453 within 15 years of a previous sex offense conviction, the court shall commit the 
224.27 	defendant to the commissioner of corrections for not less than three years, nor more than 
224.28 	the maximum sentence provided by law for the offense for which convicted, notwithstanding 
224.29 	sections 242.19, 243.05, 609.11, 609.12, and 609.135. The court may stay the execution of 
224.30 	the sentence imposed under this subdivision only if it finds that a professional assessment 
224.31 	indicates the offender is accepted by and can respond to treatment at a long-term inpatient 
224.32 	program exclusively treating sex offenders and approved by the commissioner of corrections. 
224.33 	If the court stays the execution of a sentence, it shall include the following as conditions of 
224.34 	probation:
225.1 	(1) incarceration in a local jail or workhouse; and
225.2 	(2) a requirement that the offender successfully complete the treatment program and 
225.3 	aftercare as directed by the court.

225.4 	Sec. 19. [609.3458] SEXUAL EXTORTION.
225.5 		Subdivision 1.Crime defined. (a) A person who engages in sexual contact with another 
225.6 	person and compels the other person to submit to the contact by making any of the following 
225.7 	threats, directly or indirectly, is guilty of sexual extortion:
225.8 	(1) a threat to withhold or harm the complainant's trade, business, profession, position, 
225.9 	employment, or calling;
225.10 	(2) a threat to make or cause to be made a criminal charge against the complainant, 
225.11 	whether true or false;
225.12 	(3) a threat to report the complainant's immigration status to immigration or law 
225.13 	enforcement authorities;
225.14 	(4) a threat to disseminate private sexual images of the complainant as specified in 
225.15 	section 617.261, nonconsensual dissemination of private sexual images;
225.16 	(5) a threat to expose information that the actor knows the complainant wishes to keep 
225.17 	confidential; or
225.18 	(6) a threat to withhold complainant's housing, or to cause complainant a loss or 
225.19 	disadvantage in the complainant's housing, or a change in the cost of complainant's housing.
225.20 	(b) A person who engages in sexual penetration with another person and compels the 
225.21 	other person to submit to such penetration by making any of the following threats, directly 
225.22 	or indirectly, is guilty of sexual extortion:
225.23 	(1) a threat to withhold or harm the complainant's trade, business, profession, position, 
225.24 	employment, or calling;
225.25 	(2) a threat to make or cause to be made a criminal charge against the complainant, 
225.26 	whether true or false;
225.27 	(3) a threat to report the complainant's immigration status to immigration or law 
225.28 	enforcement authorities;
225.29 	(4) a threat to disseminate private sexual images of the complainant as specified in 
225.30 	section 617.261, nonconsensual dissemination of private sexual images;
226.1 	(5) a threat to expose information that the actor knows the complainant wishes to keep 
226.2 	confidential; or
226.3 	(6) a threat to withhold complainant's housing, or to cause complainant a loss or 
226.4 	disadvantage in the complainant's housing, or a change in the cost of complainant's housing.
226.5 		Subd. 2.Penalty. (a) A person is guilty of a felony and may be sentenced to imprisonment 
226.6 	for not more than ten years or to payment of a fine of not more than $20,000, or both, if the 
226.7 	person violates subdivision 1, paragraph (a).
226.8 	(b) A person is guilty of a felony and may be sentenced to imprisonment for not more 
226.9 	than 15 years or to payment of a fine of not more than $30,000, or both, if the person violates 
226.10 	subdivision 1, paragraph (b).
226.11 	(c) A person convicted under this section is also subject to conditional release under 
226.12 	section 609.3455.
226.13 		Subd. 3.No attempt charge. Notwithstanding section 609.17, no person may be charged 
226.14 	with or convicted of an attempt to commit a violation of this section.

226.15 	Sec. 20. Minnesota Statutes 2020, section 609.347, is amended by adding a subdivision 
226.16 	to read:
226.17 		Subd. 8.Voluntary intoxication defense for certain mentally incapacitated cases; 
226.18 	clarification of applicability. (a) The "knows or has reason to know" mental state 
226.19 	requirement for violations of sections 609.342 to 609.345 involving a complainant who is 
226.20 	mentally incapacitated, as defined in section 609.341, subdivision 7, clause (2), is a specific 
226.21 	intent crime for purposes of determining the applicability of the voluntary intoxication 
226.22 	defense described in section 609.075. This defense may be raised by a defendant if the 
226.23 	defense is otherwise applicable under section 609.075 and related case law.
226.24 	(b) Nothing in paragraph (a) may be interpreted to change the application of the defense 
226.25 	to other crimes.
226.26 	(c) Nothing in paragraph (a) is intended to change the scope or limitations of the defense 
226.27 	or case law interpreting it beyond clarifying that the defense is available to a defendant 
226.28 	described in paragraph (a).

226.29 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
226.30 	committed on or after that date.

227.1 	Sec. 21. Minnesota Statutes 2020, section 624.712, subdivision 5, is amended to read:
227.2 		Subd. 5.Crime of violence. "Crime of violence" means: felony convictions of the 
227.3 	following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the 
227.4 	second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first 
227.5 	degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and aiding 
227.6 	attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second 
227.7 	degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 
227.8 	609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2247 (domestic 
227.9 	assault by strangulation); 609.229 (crimes committed for the benefit of a gang); 609.235 
227.10 	(use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated 
227.11 	robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.322 (solicitation, 
227.12 	inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct 
227.13 	in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal 
227.14 	sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
227.15 	609.3458 (sexual extortion);609.377 (malicious punishment of a child); 609.378 (neglect 
227.16 	or endangerment of a child); 609.486 (commission of crime while wearing or possessing a 
227.17 	bullet-resistant vest); 609.52 (involving theft of a firearm and theft involving the theft of a 
227.18 	controlled substance, an explosive, or an incendiary device); 609.561 (arson in the first 
227.19 	degree); 609.562 (arson in the second degree); 609.582, subdivision 1 or 2 (burglary in the 
227.20 	first and second degrees); 609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully 
227.21 	owning, possessing, operating a machine gun or short-barreled shotgun); 609.71 (riot); 
227.22 	609.713 (terroristic threats); 609.749 (harassment); 609.855, subdivision 5 (shooting at a 
227.23 	public transit vehicle or facility); and chapter 152 (drugs, controlled substances); and an 
227.24 	attempt to commit any of these offenses.

227.25 	Sec. 22. PREDATORY OFFENDER STATUTORY FRAMEWORK WORKING 
227.26 	GROUP; REPORT.
 227.27 		Subdivision 1.Direction. By September 1, 2021, the commissioner of public safety 
227.28 	shall convene a working group to comprehensively assess the predatory offender statutory 
227.29 	framework. The commissioner shall invite representatives from the Department of 
227.30 	Corrections with specific expertise on juvenile justice reform, city and county prosecuting 
227.31 	agencies, statewide crime victim coalitions, the Minnesota judicial branch, the Minnesota 
227.32 	Board of Public Defense, private criminal defense attorneys, the Department of Public 
227.33 	Safety, the Department of Human Services, the Sentencing Guidelines Commission, state 
227.34 	and local law enforcement agencies, and other interested parties to participate in the working 
227.35 	group. The commissioner shall ensure that the membership of the working group is balanced 
228.1 	among the various representatives and reflects a broad spectrum of viewpoints, and is 
228.2 	inclusive of marginalized communities as well as victim and survivor voices.
228.3 		Subd. 2.Duties. The working group must examine and assess the predatory offender 
228.4 	registration (POR) laws, including, but not limited to, the requirements placed on offenders, 
228.5 	the crimes for which POR is required, the method by which POR requirements are applied 
228.6 	to offenders, and the effectiveness of the POR system in achieving its stated purpose. 
228.7 	Governmental agencies that hold POR data shall provide the working group with public 
228.8 	POR data upon request. The working group is encouraged to request the assistance of the 
228.9 	state court administrator's office to obtain relevant POR data maintained by the court system.
228.10 		Subd. 3.Report to legislature. The commissioner shall file a report detailing the working 
228.11 	group's findings and recommendations with the chairs and ranking minority members of 
228.12 	the house of representatives and senate committees and divisions having jurisdiction over 
228.13 	public safety and judiciary policy and finance by January 15, 2022.

228.14 	Sec. 23. REVISOR INSTRUCTION.
 228.15 	(a) The revisor of statutes shall make necessary cross-reference changes and remove 
228.16 	statutory cross-references in Minnesota Statutes to conform with this act. The revisor may 
228.17 	make technical and other necessary changes to language and sentence structure to preserve 
228.18 	the meaning of the text.
228.19 	(b) In Minnesota Statutes, the revisor of statutes shall modify the headnote to Minnesota 
228.20 	Statutes, section 609.347, to reflect the amendment to that section contained in this act.

228.21 	ARTICLE 14
228.22 	CRIMINAL AND SENTENCING PROVISIONS

228.23 	Section 1. Minnesota Statutes 2020, section 244.05, subdivision 1b, is amended to read:
228.24 		Subd. 1b.Supervised release; offenders who commit crimes on or after August 1, 
228.25 	1993. (a) Except as provided in subdivisions 4, 4a, and 5, every inmate sentenced to prison 
228.26 	for a felony offense committed on or after August 1, 1993, shall serve a supervised release 
228.27 	term upon completion of the inmate's term of imprisonment and any disciplinary confinement 
228.28 	period imposed by the commissioner due to the inmate's violation of any disciplinary rule 
228.29 	adopted by the commissioner or refusal to participate in a rehabilitative program required 
228.30 	under section 244.03. The amount of time the inmate serves on supervised release shall be 
228.31 	equal in length to the amount of time remaining in the inmate's executed sentence after the 
229.1 	inmate has served the term of imprisonment and any disciplinary confinement period imposed 
229.2 	by the commissioner.
229.3 	(b) No inmate who violates a disciplinary rule or refuses to participate in a rehabilitative 
229.4 	program as required under section 244.03 shall be placed on supervised release until the 
229.5 	inmate has served the disciplinary confinement period for that disciplinary sanction or until 
229.6 	the inmate is discharged or released from punitive segregation confinement, whichever is 
229.7 	later. The imposition of a disciplinary confinement period shall be considered to be a 
229.8 	disciplinary sanction imposed upon an inmate, and the procedure for imposing the 
229.9 	disciplinary confinement period and the rights of the inmate in the procedure shall be those 
229.10 	in effect for the imposition of other disciplinary sanctions at each state correctional institution.

229.11 	Sec. 2. Minnesota Statutes 2020, section 244.05, subdivision 4, is amended to read:
229.12 		Subd. 4.Minimum imprisonment, life sentence. (a) An inmate serving a mandatory 
229.13 	life sentence under section 609.106, subdivision 2, or 609.3455, subdivision 2, paragraph 
229.14 	(a), must not be given supervised release under this section.
229.15 	(b) Except as provided in paragraph (f), an inmate serving a mandatory life sentence 
229.16 	under section 609.185, paragraph (a), clause (3), (5), or (6); or Minnesota Statutes 2004, 
229.17 	section 609.109, subdivision 3, must not be given supervised release under this section 
229.18 	without having served a minimum term of 30 years.
229.19 	(c) Except as provided in paragraph (f), an inmate serving a mandatory life sentence 
229.20 	under section 609.385 must not be given supervised release under this section without having 
229.21 	served a minimum term of imprisonment of 17 years.
229.22 	(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision 3 
229.23 	or 4, must not be given supervised release under this section without having served the 
229.24 	minimum term of imprisonment specified by the court in its sentence.
229.25 	(e) An inmate serving a mandatory life sentence under section 609.106, subdivision 3, 
229.26 	or 609.3455, subdivision 2, paragraph (c), must not be given supervised release under this 
229.27 	section without having served a minimum term of imprisonment of 15 years.
229.28 	(f) An inmate serving a mandatory life sentence for a crime described in paragraph (b) 
229.29 	or (c) who was under 18 years of age at the time of the commission of the offense must not 
229.30 	be given supervised release under this section without having served a minimum term of 
229.31 	imprisonment of 15 years.

230.1 	Sec. 3. Minnesota Statutes 2020, section 244.05, is amended by adding a subdivision to 
230.2 	read:
230.3 		Subd. 4a.Eligibility for early supervised release; offenders who were under 18 at 
230.4 	the time of offense. (a) Notwithstanding any other provision of law, any person who was 
230.5 	under the age of 18 at the time of the commission of an offense is eligible for early supervised 
230.6 	release if the person is serving an executed sentence that includes a term of imprisonment 
230.7 	of more than 15 years or separate, consecutive executed sentences for two or more crimes 
230.8 	that include combined terms of imprisonment that total more than 15 years.
230.9 	(b) A person eligible for early supervised release under paragraph (a) must be considered 
230.10 	for early supervised release pursuant to section 244.0515 after serving 15 years of 
230.11 	imprisonment.
230.12 	(c) Where the person is serving separate, consecutive executed sentences for two or 
230.13 	more crimes, the person may be granted early supervised release on all sentences.

230.14 	Sec. 4. Minnesota Statutes 2020, section 244.05, subdivision 5, is amended to read:
230.15 		Subd. 5.Supervised release, life sentence. (a) Except as provided in section 244.0515, 
230.16 	the commissioner of corrections may, under rules promulgated by the commissioner, give 
230.17 	supervised release to an inmate serving a mandatory life sentence under section 609.185, 
230.18 	paragraph (a), clause (3), (5), or (6); 609.3455, subdivision 3 or 4; 609.385; or Minnesota 
230.19 	Statutes 2004, section 609.109, subdivision 3, after the inmate has served the minimum 
230.20 	term of imprisonment specified in subdivision 4.
230.21 	(b) The commissioner shall require the preparation of a community investigation report 
230.22 	and shall consider the findings of the report when making a supervised release decision 
230.23 	under this subdivision. The report shall reflect the sentiment of the various elements of the 
230.24 	community toward the inmate, both at the time of the offense and at the present time. The 
230.25 	report shall include the views of the sentencing judge, the prosecutor, any law enforcement 
230.26 	personnel who may have been involved in the case, and any successors to these individuals 
230.27 	who may have information relevant to the supervised release decision. The report shall also 
230.28 	include the views of the victim and the victim's family unless the victim or the victim's 
230.29 	family chooses not to participate.
230.30 	(c) The commissioner shall make reasonable efforts to notify the victim, in advance, of 
230.31 	the time and place of the inmate's supervised release review hearing. The victim has a right 
230.32 	to submit an oral or written statement at the review hearing. The statement may summarize 
230.33 	the harm suffered by the victim as a result of the crime and give the victim's recommendation 
231.1 	on whether the inmate should be given supervised release at this time. The commissioner 
231.2 	must consider the victim's statement when making the supervised release decision.
231.3 	(d) When considering whether to give supervised release to an inmate serving a life 
231.4 	sentence under section 609.3455, subdivision 3 or 4, the commissioner shall consider, at a 
231.5 	minimum, the following: the risk the inmate poses to the community if released, the inmate's 
231.6 	progress in treatment, the inmate's behavior while incarcerated, psychological or other 
231.7 	diagnostic evaluations of the inmate, the inmate's criminal history, and any other relevant 
231.8 	conduct of the inmate while incarcerated or before incarceration. The commissioner may 
231.9 	not give supervised release to the inmate unless:
231.10 	(1) while in prison:
231.11 	(i) the inmate has successfully completed appropriate sex offender treatment;
231.12 	(ii) the inmate has been assessed for chemical dependency needs and, if appropriate, has 
231.13 	successfully completed chemical dependency treatment; and
231.14 	(iii) the inmate has been assessed for mental health needs and, if appropriate, has 
231.15 	successfully completed mental health treatment; and
231.16 	(2) a comprehensive individual release plan is in place for the inmate that ensures that, 
231.17 	after release, the inmate will have suitable housing and receive appropriate aftercare and 
231.18 	community-based treatment. The comprehensive plan also must include a postprison 
231.19 	employment or education plan for the inmate.
231.20 	(e) As used in this subdivision, "victim" means the individual who suffered harm as a 
231.21 	result of the inmate's crime or, if the individual is deceased, the deceased's surviving spouse 
231.22 	or next of kin.

231.23 	EFFECTIVE DATE. This section is effective July 1, 2021.

231.24 	Sec. 5. [244.0515] JUVENILE REVIEW BOARD.
231.25 		Subdivision 1.Board. The Juvenile Review Board is created with the power and duties 
231.26 	established by subdivision 4.
231.27 		Subd. 2.Members. (a) The board consists of seven members as follows:
231.28 	(1) the commissioner of corrections or the commissioner's designee;
231.29 	(2) the commissioner of human services or the commissioner's designee;
231.30 	(3) the commissioner of public safety or the commissioner's designee;
231.31 	(4) the attorney general or the attorney general's designee; and
232.1 	(5) three at-large members with expertise in the neurodevelopment of youth, appointed 
232.2 	by the governor.
232.3 	(b) The board shall select one of its members to serve as chair.
232.4 		Subd. 3.Terms, compensation, and removal. The membership terms, compensation, 
232.5 	and removal of members and the filling of membership vacancies is as provided in section 
232.6 	15.0575.
232.7 		Subd. 4.Powers and duties. (a) Consistent with the requirements of this section, the 
232.8 	board has authority to grant supervised release to an inmate who was under 18 years of age 
232.9 	at the time of the commission of the offense and is serving a mandatory life sentence; an 
232.10 	executed sentence that includes a term of imprisonment of more than 15 years; or separate, 
232.11 	consecutive executed sentences for two or more crimes that include combined terms of 
232.12 	imprisonment that total more than 15 years.
232.13 	(b) The board may give supervised release to an inmate described in paragraph (a) after 
232.14 	the inmate has served the minimum term of imprisonment specified by the court or 15 years, 
232.15 	whichever is earlier.
232.16 	(c) Where an inmate is serving multiple sentences that are concurrent to one another, 
232.17 	the board must grant or deny supervised release on all sentences. Notwithstanding any law 
232.18 	to the contrary, where an inmate is serving multiple sentences that are consecutive to one 
232.19 	another, the court may grant or deny supervised release on one or more sentences.
232.20 	(d) The board shall conduct an initial supervised release review hearing as soon as 
232.21 	practicable after the inmate has served the applicable minimum term of imprisonment. 
232.22 	Hearings for inmates eligible for a review hearing on or before July 1, 2021, shall take place 
232.23 	before July 1, 2022.
232.24 	(e) If the inmate is not released at the initial supervised release review hearing, the board 
232.25 	shall conduct subsequent review hearings until the inmate's release. Review hearings shall 
232.26 	not be scheduled to take place within six months of a previous hearing or more than three 
232.27 	years after a previous hearing.
232.28 	(f) The board may order that an inmate be placed on intensive supervised release for all 
232.29 	or part of the inmate's supervised release pursuant to section 244.05, subdivision 6.
232.30 		Subd. 5.Administrative services. The commissioner of corrections shall provide 
232.31 	adequate office space and administrative services for the board and the board shall reimburse 
232.32 	the commissioner for the space and services provided. The board may also utilize, with their 
232.33 	consent, the services, equipment, personnel, information, and resources of other state 
233.1 	agencies; and may accept voluntary and uncompensated services, contract with individuals 
233.2 	and public and private agencies, and request information, reports, and data from any agency 
233.3 	of the state or any of the state's political subdivisions to the extent authorized by law.
233.4 		Subd. 6.Development report. (a) Except as provided in paragraph (b), the board shall 
233.5 	require the preparation of a development report and shall consider the findings of the report 
233.6 	when making a supervised release decision under this section. The report shall be prepared 
233.7 	by a mental health professional as defined in section 245.462, subdivision 18, clauses (1) 
233.8 	to (4) or (6), and shall address the cognitive, emotional, and social maturity of the inmate.
233.9 	(b) If a development report was prepared within the 12 months immediately proceeding 
233.10 	the hearing, the board may rely on that report.
233.11 		Subd. 7.Victim statement. The board shall make reasonable efforts to notify the victim, 
233.12 	in advance, of the time and place of the inmate's supervised release review hearing. The 
233.13 	victim has a right to submit an oral or written statement at the review hearing. The statement 
233.14 	may summarize the harm suffered by the victim as a result of the crime and give the victim's 
233.15 	recommendation on whether the inmate should be given supervised release at this time. The 
233.16 	board must consider the victim's statement when making the supervised release decision. 
233.17 	As used in this subdivision, "victim" means the individual who suffered harm as a result of 
233.18 	the inmate's crime or, if the individual is deceased, the deceased's surviving spouse or next 
233.19 	of kin.
233.20 		Subd. 8.Review hearing; notice. (a) At least 90 days before a supervised release review 
233.21 	hearing, the commissioner of corrections shall notify the inmate of the time and place of 
233.22 	the hearing and that the inmate has the right to be present at the hearing, request appointment 
233.23 	of counsel, access the inmate's prison file prior to the hearing, and submit written arguments 
233.24 	to the board prior to the hearing.
233.25 	(b) The inmate may make oral arguments to the board at the hearing.
233.26 		Subd. 9.Considerations. (a) When considering whether to give supervised release to 
233.27 	an inmate serving a mandatory life sentence the board shall consider, at a minimum, the 
233.28 	following:
233.29 	(1) the development report;
233.30 	(2) the victim statement, if any;
233.31 	(3) the risk the inmate poses to the community if released;
233.32 	(4) the inmate's progress in treatment;
234.1 	(5) the inmate's behavior while incarcerated;
234.2 	(6) any additional psychological or other diagnostic evaluations of the inmate;
234.3 	(7) the inmate's criminal history;
234.4 	(8) whether the inmate is serving consecutive sentences; and
234.5 	(9) any other relevant conduct of the inmate while incarcerated or before incarceration.
234.6 	(b) In making its decision, the board must consider relevant science regarding the 
234.7 	neurological development of juveniles and shall prioritize information regarding the inmate's 
234.8 	maturity and rehabilitation while incarcerated.
234.9 	(c) Except as provided in paragraph (d), the board may not give supervised release to 
234.10 	the inmate unless:
234.11 	(1) while in prison:
234.12 	(i) if applicable, the inmate has successfully completed appropriate sex offender treatment;
234.13 	(ii) the inmate has been assessed for chemical dependency needs and, if appropriate, has 
234.14 	successfully completed chemical dependency treatment; and
234.15 	(iii) the inmate has been assessed for mental health needs and, if appropriate, has been 
234.16 	provided mental health treatment; and
234.17 	(2) a comprehensive individual release plan is in place for the inmate that ensures that, 
234.18 	after release, the inmate will have suitable housing and receive appropriate aftercare and 
234.19 	community-based treatment. The comprehensive plan also must include a postprison 
234.20 	employment or education plan for the inmate.
234.21 	(d) The board shall not deny supervised release to an inmate pursuant to paragraph (c) 
234.22 	if the appropriate assessments, treatment, or planning were not made available to the inmate.
234.23 		Subd. 10.Findings of the board. Within 30 days after a supervised release hearing, the 
234.24 	board shall issue its decision on granting release, including a statement of reasons for that 
234.25 	decision. If the board does not grant supervised release, the statement of the reasons for that 
234.26 	denial must identify specific steps the inmate can take to increase the likelihood that release 
234.27 	will be granted at a future hearing.
234.28 		Subd. 11.Review by court of appeals. When the board has issued its findings, an inmate 
234.29 	who acts within 30 days from the date the inmate received the findings may have the order 
234.30 	reviewed by the court of appeals upon either of the following grounds:
234.31 	(1) the order does not conform with this section; or
235.1 	(2) the findings of fact and order were unsupported by substantial evidence in view of 
235.2 	the entire record as submitted.

235.3 	EFFECTIVE DATE. This section is effective July 1, 2021.

235.4 	Sec. 6. Minnesota Statutes 2020, section 244.09, is amended by adding a subdivision to 
235.5 	read:
235.6 		Subd. 15.Report on sentencing adjustments. The Sentencing Guidelines Commission 
235.7 	shall include in its annual report to the legislature a summary and analysis of sentence 
235.8 	adjustments issued under section 609.133. At a minimum, the summary and analysis must 
235.9 	include information on the counties where a sentencing adjustment was granted and on the 
235.10 	race, sex, and age of individuals who received a sentence adjustment.

235.11 	Sec. 7. Minnesota Statutes 2020, section 244.101, subdivision 1, is amended to read:
235.12 		Subdivision 1.Executed sentences. Except as provided in section 244.05, subdivision 
235.13 	4a, when a felony offender is sentenced to a fixed executed sentence for an offense committed 
235.14 	on or after August 1, 1993, the executed sentence consists of two parts: (1) a specified 
235.15 	minimum term of imprisonment that is equal to two-thirds of the executed sentence; and 
235.16 	(2) a specified maximum supervised release term that is equal to one-third of the executed 
235.17 	sentence. The amount of time the inmate actually serves in prison and on supervised release 
235.18 	is subject to the provisions of section 244.05, subdivision 1b.

235.19 	Sec. 8. Minnesota Statutes 2020, section 480A.06, subdivision 4, is amended to read:
235.20 		Subd. 4.Administrative review. The court of appeals shall have jurisdiction to review 
235.21 	on the record the validity of administrative rules, as provided in sections 14.44 and 14.45, 
235.22 	and the decisions of administrative agencies in contested cases, as provided in sections 
235.23 	14.63 to 14.69, and the decisions of the Juvenile Review Board as provided in section 
235.24 	244.0515.

235.25 	EFFECTIVE DATE. This section is effective July 1, 2021.

235.26 	Sec. 9. Minnesota Statutes 2020, section 609.03, is amended to read:
235.27 	609.03 PUNISHMENT WHEN NOT OTHERWISE FIXED.
235.28 	If a person is convicted of a crime for which no punishment is otherwise provided the 
235.29 	person may be sentenced as follows:
236.1 	(1) If the crime is a felony, to imprisonment for not more than five years or to payment 
236.2 	of a fine of not more than $10,000, or both; or
236.3 	(2) If the crime is a gross misdemeanor, to imprisonment for not more than one year
236.4 	364 days or to payment of a fine of not more than $3,000, or both; or
236.5 	(3) If the crime is a misdemeanor, to imprisonment for not more than 90 days or to 
236.6 	payment of a fine of not more than $1,000, or both; or
236.7 	(4) If the crime is other than a misdemeanor and a fine is imposed but the amount is not 
236.8 	specified, to payment of a fine of not more than $1,000, or to imprisonment for a specified 
236.9 	term of not more than six months if the fine is not paid.

236.10 	EFFECTIVE DATE. This section is effective the day following final enactment and 
236.11 	applies to offenders receiving a gross misdemeanor sentence before, on, or after that date.

236.12 	Sec. 10. [609.0342] MAXIMUM PUNISHMENT FOR GROSS MISDEMEANORS.
236.13 	Any law of this state that provides for a maximum sentence of imprisonment of one year 
236.14 	or is defined as a gross misdemeanor shall be deemed to provide for a maximum fine of 
236.15 	$3,000 and a maximum sentence of imprisonment of 364 days.

236.16 	EFFECTIVE DATE. This section is effective the day following final enactment and 
236.17 	applies to offenders receiving a gross misdemeanor sentence before, on, or after that date.

236.18 	Sec. 11. [609.1056] MILITARY VETERANS; CRIMES COMMITTED BECAUSE 
236.19 	OF CONDITIONS RESULTING FROM SERVICE; DISCHARGE AND DISMISSAL.
236.20 		Subdivision 1.Definitions. As used in this section, the following terms have the meanings 
236.21 	given:
236.22 	(1) "applicable condition" means sexual trauma, traumatic brain injury, posttraumatic 
236.23 	stress disorder, substance abuse, or a mental health condition;
236.24 	(2) "eligible offense" means any misdemeanor or gross misdemeanor, and any felony 
236.25 	that is ranked at severity level 7 or lower or D7 or lower on the Sentencing Guidelines grid;
236.26 	(3) "pretrial diversion" means the decision of a prosecutor to refer a defendant to a 
236.27 	diversion program on condition that the criminal charges against the defendant shall be 
236.28 	dismissed after a specified period of time, or the case shall not be charged, if the defendant 
236.29 	successfully completes the program of treatment recommended by the United States 
236.30 	Department of Veterans Affairs or a local, state, federal, or private nonprofit treatment 
236.31 	program; and
237.1 	(4) "veterans treatment court program" means a program that has the following essential 
237.2 	characteristics:
237.3 	(i) the integration of services in the processing of cases in the judicial system;
237.4 	(ii) the use of a nonadversarial approach involving prosecutors and defense attorneys to 
237.5 	promote public safety and to protect the due process rights of program participants;
237.6 	(iii) early identification and prompt placement of eligible participants in the program;
237.7 	(iv) access to a continuum of alcohol, controlled substance, mental health, and other 
237.8 	related treatment and rehabilitative services;
237.9 	(v) careful monitoring of treatment and services provided to program participants;
237.10 	(vi) a coordinated strategy to govern program responses to participants' compliance;
237.11 	(vii) ongoing judicial interaction with program participants;
237.12 	(viii) monitoring and evaluation of program goals and effectiveness;
237.13 	(ix) continuing interdisciplinary education to promote effective program planning, 
237.14 	implementation, and operations;
237.15 	(x) development of partnerships with public agencies and community organizations, 
237.16 	including the United States Department of Veterans Affairs; and
237.17 	(xi) inclusion of a participant's family members who agree to be involved in the treatment 
237.18 	and services provided to the participant under the program.
237.19 		Subd. 2.Deferred prosecution. (a) The court shall defer prosecution for an eligible 
237.20 	offense committed by a defendant who was, or currently is, a member of the United States 
237.21 	military as provided in this subdivision. The court shall do this at the request of the defendant 
237.22 	upon a finding of guilty after trial or upon a guilty plea.
237.23 	(b) A defendant who requests to be sentenced under this subdivision shall release or 
237.24 	authorize access to military service reports and records relating to the alleged applicable 
237.25 	condition. The court must file the records as confidential and designate that they remain 
237.26 	sealed, except as provided in this paragraph. In addition, the court may request, through 
237.27 	existing resources, an assessment of the defendant. The defendant, through existing records 
237.28 	or licensed professional evaluation, shall establish the diagnosis of the condition, that it was 
237.29 	caused by military service, and that the offense was committed as a result of the condition. 
237.30 	The court, on its own motion or the prosecutor's, with notice to defense counsel, may order 
237.31 	the defendant to furnish to the court for in-camera review or to the prosecutor copies of all 
238.1 	medical and military service reports and records previously or subsequently made concerning 
238.2 	the defendant's condition and the condition's connection to service.
238.3 	(c) Based on the record, the court shall determine whether, by clear and convincing 
238.4 	evidence: (1) the defendant suffered from an applicable condition at the time of the offense; 
238.5 	(2) the applicable condition was caused by service in the United States military; and (3) the 
238.6 	offense was committed as a result of the applicable condition. Within 15 days of the court's 
238.7 	determination, either party may file a challenge to the determination and demand a hearing 
238.8 	on the defendant's eligibility under this subdivision.
238.9 	(d) If the court makes the determination described in paragraph (c), the court shall, 
238.10 	without entering a judgment of guilty, defer further proceedings and place the defendant 
238.11 	on probation upon such reasonable conditions as it may require and for a period not to 
238.12 	exceed the maximum period provided by law. A court may extend a defendant's term of 
238.13 	probation pursuant to section 609.135, subdivision 2, paragraphs (g) and (h). Conditions 
238.14 	ordered by the court must include treatment, services, rehabilitation, and education sufficient 
238.15 	so that if completed, the defendant would be eligible for discharge and dismissal under 
238.16 	subdivision 3. In addition, the court shall order that the defendant undergo a chemical use 
238.17 	assessment that includes a recommended level of care for the defendant in accordance with 
238.18 	the criteria contained in rules adopted by the commissioner of human services under section 
238.19 	254A.03, subdivision 3.
238.20 	(e) If the court determines that the defendant is eligible for a deferred sentence but the 
238.21 	defendant has previously received one for a felony offense under this subdivision, the court 
238.22 	may, but is not required to, impose a deferred sentence. If the court does not impose a 
238.23 	deferred sentence, the court may sentence the defendant as otherwise provided in law, 
238.24 	including as provided in subdivision 4.
238.25 	(f) Upon violation of a condition of probation, the court may enter an adjudication of 
238.26 	guilt and proceed as otherwise provided in law, including as provided in subdivision 4.
238.27 	(g) As a condition of probation, the court may order the defendant to attend a local, state, 
238.28 	federal, or private nonprofit treatment program for a period not to exceed the maximum 
238.29 	period for which the defendant could have been incarcerated.
238.30 	(h) The court, when issuing an order under this subdivision that a defendant attend an 
238.31 	established treatment program, shall give preference to a treatment program that has a history 
238.32 	of successfully treating veterans who suffer from applicable conditions caused by military 
238.33 	service, including but not limited to programs operated by the United States Department of 
238.34 	Defense or Veterans Affairs.
239.1 	(i) The court and any assigned treatment program shall collaborate with, when available, 
239.2 	the county veterans service officer and the United States Department of Veterans Affairs 
239.3 	to maximize benefits and services provided to the defendant.
239.4 	(j) If available in the county or judicial district having jurisdiction over the case, the 
239.5 	defendant may be supervised by a veterans treatment court program under subdivision 5. 
239.6 	If there is a veterans treatment court that meets the requirements of subdivision 5 in the 
239.7 	county in which the defendant resides or works, supervision of the defendant may be 
239.8 	transferred to that county or judicial district veterans treatment court program. Upon the 
239.9 	defendant's successful or unsuccessful completion of the program, the veterans treatment 
239.10 	court program shall communicate this information to the court of original jurisdiction for 
239.11 	further action.
239.12 	(k) Sentencing pursuant to this subdivision waives any right to administrative review 
239.13 	pursuant to section 169A.53, subdivision 1, or judicial review pursuant to section 169A.53, 
239.14 	subdivision 2, for a license revocation or cancellation imposed pursuant to section 169A.52, 
239.15 	and also waives any right to administrative review pursuant to section 171.177, subdivision 
239.16 	10, or judicial review pursuant to section 171.177, subdivision 11, for a license revocation 
239.17 	or cancellation imposed pursuant to section 171.177, if that license revocation or cancellation 
239.18 	is the result of the same incident that is being sentenced.
239.19 		Subd. 3.Discharge and dismissal. (a) Upon the expiration of the period of the defendant's 
239.20 	probation the court shall hold a hearing to discharge the defendant from probation and 
239.21 	determine whether to dismiss the proceedings against a defendant who received a deferred 
239.22 	sentence under subdivision 2. The hearing shall be scheduled so that the parties have adequate 
239.23 	time to prepare and present arguments regarding the issue of dismissal. The parties may 
239.24 	submit written arguments to the court prior to the date of the hearing and may make oral 
239.25 	arguments before the court at the hearing. The defendant must be present at the hearing 
239.26 	unless excused under Minnesota Rules of Criminal Procedure, rule 26.03, subdivision 1, 
239.27 	clause (3).
239.28 	(b) The court shall provide notice to any identifiable victim of the offense at least 15 
239.29 	days before the hearing is held. Notice to victims of the offense under this subdivision must 
239.30 	specifically inform the victim of the right to submit an oral or written statement to the court 
239.31 	at the time of the hearing describing the harm suffered by the victim as a result of the crime 
239.32 	and the victim's recommendation on whether dismissal should be granted or denied. The 
239.33 	judge shall consider the victim's statement when making a decision. If a victim notifies the 
239.34 	prosecutor of an objection to dismissal and is not present at the hearing, the prosecutor shall 
239.35 	make the objections known to the court.
240.1 	(c) The court shall dismiss proceedings against a defendant if the court finds by clear 
240.2 	and convincing evidence that the defendant:
240.3 	(1) is in substantial compliance with the conditions of probation;
240.4 	(2) has successfully participated in court-ordered treatment and services to address the 
240.5 	applicable condition caused by military service;
240.6 	(3) does not represent a danger to the health or safety of victims or others; and
240.7 	(4) has demonstrated significant benefit from court-ordered education, treatment, or 
240.8 	rehabilitation to clearly show that a discharge and dismissal under this subdivision is in the 
240.9 	interests of justice.
240.10 	(d) In determining the interests of justice, the court shall consider, among other factors, 
240.11 	all of the following:
240.12 	(1) the defendant's completion and degree of participation in education, treatment, and 
240.13 	rehabilitation as ordered by the court;
240.14 	(2) the defendant's progress in formal education;
240.15 	(3) the defendant's development of career potential;
240.16 	(4) the defendant's leadership and personal responsibility efforts;
240.17 	(5) the defendant's contribution of service in support of the community;
240.18 	(6) the level of harm to the community from the offense; and
240.19 	(7) the statement of the victim, if any.
240.20 	(e) If the court finds that the defendant does not qualify for discharge and dismissal 
240.21 	under paragraph (c), the court shall enter an adjudication of guilt and proceed as otherwise 
240.22 	provided in law, including as provided in subdivision 4.
240.23 	(f) Discharge and dismissal under this subdivision shall be without court adjudication 
240.24 	of guilt, but a not public record of the discharge and dismissal shall be retained by the Bureau 
240.25 	of Criminal Apprehension for the purpose of use by the courts in determining the merits of 
240.26 	subsequent proceedings against the defendant. The not public record may also be opened 
240.27 	only upon court order for purposes of a criminal investigation, prosecution, or sentencing. 
240.28 	Upon request by law enforcement, prosecution, or corrections authorities, the bureau shall 
240.29 	notify the requesting party of the existence of the not public record and the right to seek a 
240.30 	court order to open the not public record under this paragraph. The court shall forward a 
240.31 	record of any discharge and dismissal under this subdivision to the bureau, which shall 
241.1 	make and maintain the not public record of the discharge and dismissal. The discharge and 
241.2 	dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities 
241.3 	imposed by law upon conviction of a crime or for any other purpose. For purposes of this 
241.4 	paragraph, "not public" has the meaning given in section 13.02, subdivision 8a.
241.5 		Subd. 4.Sentencing departure; waiver of mandatory sentence. (a) This subdivision 
241.6 	applies to defendants who plead or are found guilty of any criminal offense except one for 
241.7 	which registration is required under section 243.166, subdivision 1b.
241.8 	(b) Prior to sentencing, a defendant described in paragraph (a) may present proof to the 
241.9 	court that the defendant has, since the commission of the offense, engaged in rehabilitative 
241.10 	efforts consistent with those described in this section. If the court determines that the 
241.11 	defendant has engaged in substantial rehabilitative efforts and the defendant establishes by 
241.12 	clear and convincing evidence that:
241.13 	(1) the defendant suffered from an applicable condition at the time of the offense;
241.14 	(2) the applicable condition was caused by service in the United States military; and
241.15 	(3) the offense was committed as a result of the applicable condition;
241.16 	the court may determine that the defendant is particularly amenable to probation and order 
241.17 	a mitigated durational or dispositional sentencing departure or a waiver of any statutory 
241.18 	mandatory minimum sentence applicable to the defendant.
241.19 		Subd. 5.Optional veterans treatment court program; procedures for eligible 
241.20 	defendants. A county or judicial district may supervise probation under this section through 
241.21 	a veterans treatment court, using county veterans service officers appointed under sections 
241.22 	197.60 to 197.606, United States Department of Veterans Affairs veterans justice outreach 
241.23 	specialists, probation agents, and any other rehabilitative resources available to the court.
241.24 		Subd. 6.Creation of county and city diversion programs; authorization. Any county 
241.25 	or city may establish and operate a veterans pretrial diversion program for offenders eligible 
241.26 	under subdivision 2 without penalty under section 477A.0175.
241.27 		Subd. 7.Exception. This section does not apply to a person charged with an offense for 
241.28 	which registration is required under section 243.166, subdivision 1b.

241.29 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
241.30 	committed on or after that date.

242.1 	Sec. 12. Minnesota Statutes 2020, section 609.106, subdivision 2, is amended to read:
242.2 		Subd. 2.Life without release. Except as provided in subdivision 3, the court shall 
242.3 	sentence a person to life imprisonment without possibility of release under the following 
242.4 	circumstances:
242.5 	(1) the person is convicted of first-degree murder under section 609.185, paragraph (a), 
242.6 	clause (1), (2), (4), or (7);
242.7 	(2) the person is convicted of committing first-degree murder in the course of a 
242.8 	kidnapping under section 609.185, paragraph (a), clause (3); or
242.9 	(3) the person is convicted of first-degree murder under section 609.185, paragraph (a), 
242.10 	clause (3), (5), or (6), and the court determines on the record at the time of sentencing that 
242.11 	the person has one or more previous convictions for a heinous crime.

242.12 	Sec. 13. Minnesota Statutes 2020, section 609.106, is amended by adding a subdivision 
242.13 	to read:
242.14 		Subd. 3.Offender under age 18; life imprisonment. The court shall sentence a person 
242.15 	who was under 18 years of age at the time of the commission of an offense under the 
242.16 	circumstances described in subdivision 2 to imprisonment for life.

242.17 	Sec. 14. Minnesota Statutes 2020, section 609.1095, subdivision 1, is amended to read:
242.18 		Subdivision 1.Definitions. (a) As used in this section, the following terms have the 
242.19 	meanings given.
242.20 	(b) "Conviction" means any of the following accepted and recorded by the court: a plea 
242.21 	of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes 
242.22 	a conviction by any court in Minnesota or another jurisdiction.
242.23 	(c) "Prior conviction" means a conviction that occurred before the offender committed 
242.24 	the next felony resulting in a conviction and before the offense for which the offender is 
242.25 	being sentenced under this section.
242.26 	(d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of 
242.27 	the following laws of this state or any similar laws of the United States or any other state: 
242.28 	sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113; 
242.29 	609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 
242.30 	609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.322; 
242.31 	609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, 
243.1 	subdivision 1; 609.66, subdivision 1e; 609.687; and 609.855, subdivision 5; any provision 
243.2 	of sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is punishable by a felony 
243.3 	penalty; or any provision of chapter 152 that is punishable by a maximum sentence of 15 
243.4 	years or more; or Minnesota Statutes 2012, section 609.21.

243.5 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
243.6 	committed on or after that date.

243.7 	Sec. 15. Minnesota Statutes 2020, section 609.115, is amended by adding a subdivision 
243.8 	to read:
243.9 		Subd. 11.Disability impact statement. (a) When a defendant appears in court and is 
243.10 	convicted of a crime, the court shall inquire whether the defendant is an individual with a 
243.11 	disability. For the purposes of this subdivision, "disability" has the meaning given in the 
243.12 	Americans with Disabilities Act of 1990, as amended by the Americans with Disabilities 
243.13 	Act Amendment Act of 2008, United States Code, Title 42, section 12102.
243.14 	(b) If the defendant is an individual with a disability and may be sentenced to a term of 
243.15 	imprisonment, the court:
243.16 	(1) may order that the presentence investigator preparing the report under subdivision 
243.17 	1 prepare an impact statement that addresses the impact on a person's disability including 
243.18 	but not limited to health, housing, family, employment effect of benefits, and potential for 
243.19 	abuse if the defendant is sentenced to a term of imprisonment, for the purpose of providing 
243.20 	the court with information regarding sentencing options other than a term of imprisonment;
243.21 	(2) must consider the impact statement in imposing a sentence; and
243.22 	(3) must consider the least restrictive environment to meet the state's penal objective.

243.23 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to individuals 
243.24 	convicted of a crime on or after that date.

243.25 	Sec. 16. Minnesota Statutes 2020, section 609.115, is amended by adding a subdivision 
243.26 	to read:
243.27 		Subd. 12.Traumatic brain injury. (a) When a defendant appears in court and is 
243.28 	convicted of a felony, the court shall inquire whether the defendant has a history of stroke, 
243.29 	traumatic brain injury, or fetal alcohol spectrum disorder.
243.30 	(b) If the defendant has a history of stroke, traumatic brain injury, or fetal alcohol 
243.31 	spectrum disorder and the court believes that the offender may have a mental impairment 
244.1 	that caused the offender to lack substantial capacity for judgment when the offense was 
244.2 	committed, the court shall order that the offender undergo a neuropsychological examination 
244.3 	unless the offender has had a recent examination as described in paragraph (c). The report 
244.4 	prepared under subdivision 1 shall contain the results of the examination ordered by the 
244.5 	court or the recent examination and the officer preparing the report may consult with any 
244.6 	medical provider, mental health professional, or other agency or person with suitable 
244.7 	knowledge or experience for the purpose of providing the court with information regarding 
244.8 	treatment and case management options available to the defendant.
244.9 	(c) An updated neuropsychological examination is not required under this subdivision 
244.10 	if:
244.11 	(1) the person had a previous examination when the person was at least 25 years of age;
244.12 	(2) the examination took place at least 18 months after the person's most recent stroke 
244.13 	or traumatic brain injury; and
244.14 	(3) the examination took place within the previous three years.
244.15 	(d) At sentencing, the court may consider any relevant information including but not 
244.16 	limited to the information provided pursuant to paragraph (b) and the recommendations of 
244.17 	any diagnosing or treating medical providers or mental health professionals to determine 
244.18 	whether the offender, because of mental impairment resulting from a stroke, traumatic brain 
244.19 	injury, or fetal alcohol spectrum disorder, lacked substantial capacity for judgment when 
244.20 	the offense was committed.

244.21 	Sec. 17. Minnesota Statutes 2020, section 609.131, subdivision 2, is amended to read:
244.22 		Subd. 2.Certain violations excepted. Subdivision 1 does not apply to a misdemeanor 
244.23 	violation of section 169A.20; 171.09, subdivision 1, paragraph (g); 171.306, subdivision 
244.24 	6; 609.224; 609.2242; 609.226; 609.324, subdivision 3;609.52; or 617.23, or an ordinance 
244.25 	that conforms in substantial part to any of those sections. A violation described in this 
244.26 	subdivision must be treated as a misdemeanor unless the defendant consents to the 
244.27 	certification of the violation as a petty misdemeanor.

244.28 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
244.29 	committed on or after that date.

245.1 	Sec. 18. [609.133] SENTENCE ADJUSTMENT.
245.2 		Subdivision 1.Definition. As used in this section, "prosecutor" means the attorney 
245.3 	general, county attorney, or city attorney responsible for the prosecution of individuals 
245.4 	charged with a crime.
245.5 		Subd. 2.Prosecutor-initiated sentence adjustment. The prosecutor responsible for 
245.6 	the prosecution of an individual convicted of a crime may commence a proceeding to adjust 
245.7 	the sentence of that individual at any time after the initial sentencing provided the prosecutor 
245.8 	does not seek to increase the period of confinement or, if the individual is serving a stayed 
245.9 	sentence, increase the period of supervision.
245.10 		Subd. 3.Review by prosecutor. (a) Prosecutors may review individual cases at their 
245.11 	discretion.
245.12 	(b) Prior to filing a petition under this section, a prosecutor shall make a reasonable and 
245.13 	good faith effort to seek input from any identifiable victim and shall consider the impact 
245.14 	an adjusted sentence would have on the victim.
245.15 	(c) The commissioner of corrections, a supervising agent, or an offender may request 
245.16 	that a prosecutor review an individual case. A prosecutor is not required to respond to a 
245.17 	request.
245.18 		Subd. 4.Petition; contents; fee. (a) A petition for sentence adjustment shall include 
245.19 	the following:
245.20 	(1) the full name of the individual on whose behalf the petition is being brought and, to 
245.21 	the extent possible, all other legal names or aliases by which the individual has been known 
245.22 	at any time;
245.23 	(2) the individual's date of birth;
245.24 	(3) the individual's address;
245.25 	(4) a brief statement of the reason the prosecutor is seeking a sentence adjustment for 
245.26 	the individual;
245.27 	(5) the details of the offense for which an adjustment is sought, including:
245.28 	(i) the date and jurisdiction of the occurrence;
245.29 	(ii) either the names of any victims or that there were no identifiable victims;
245.30 	(iii) whether there is a current order for protection, restraining order, or other no contact 
245.31 	order prohibiting the individual from contacting the victims or whether there has ever been 
246.1 	a prior order for protection or restraining order prohibiting the individual from contacting 
246.2 	the victims;
246.3 	(iv) the court file number; and
246.4 	(v) the date of conviction;
246.5 	(6) what steps the individual has taken since the time of the offense toward personal 
246.6 	rehabilitation, including treatment, work, good conduct within correctional facilities, or 
246.7 	other personal history that demonstrates rehabilitation;
246.8 	(7) the individual's criminal conviction record indicating all convictions for 
246.9 	misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable 
246.10 	convictions in any other state, federal court, or foreign country, whether the convictions 
246.11 	occurred before or after the conviction for which an adjustment is sought;
246.12 	(8) the individual's criminal charges record indicating all prior and pending criminal 
246.13 	charges against the individual in this state or another jurisdiction, including all criminal 
246.14 	charges that have been continued for dismissal, stayed for adjudication, or were the subject 
246.15 	of pretrial diversion; and
246.16 	(9) to the extent known, all prior requests by the individual, whether for the present 
246.17 	offense or for any other offenses in this state or any other state or federal court, for pardon, 
246.18 	return of arrest records, or expungement or sealing of a criminal record, whether granted 
246.19 	or not, and all stays of adjudication or imposition of sentence involving the petitioner.
246.20 	(b) The filing fee for a petition brought under this section shall be waived.
246.21 		Subd. 5.Service of petition. (a) The prosecutor shall serve the petition for sentence 
246.22 	adjustment on the individual on whose behalf the petition is being brought.
246.23 	(b) The prosecutor shall make a good faith and reasonable effort to notify any person 
246.24 	determined to be a victim of the offense for which adjustment is sought of the existence of 
246.25 	a petition. Notification under this paragraph does not constitute a violation of an existing 
246.26 	order for protection, restraining order, or other no contact order.
246.27 	(c) Notice to victims of the offense under this subdivision must:
246.28 	(1) specifically inform the victim of the right to object, orally or in writing, to the 
246.29 	proposed adjustment of sentence; and
246.30 	(2) inform the victims of the right to be present and to submit an oral or written statement 
246.31 	at the hearing described in subdivision 6.
247.1 	(d) If a victim notifies the prosecutor of an objection to the proposed adjustment of 
247.2 	sentence and is not present when the court considers the sentence adjustment, the prosecutor 
247.3 	shall make these objections known to the court.
247.4 		Subd. 6.Hearing. (a) The court shall hold a hearing on the petition no sooner than 60 
247.5 	days after service of the petition. The hearing shall be scheduled so that the parties have 
247.6 	adequate time to prepare and present arguments regarding the issue of sentence adjustment. 
247.7 	The parties may submit written arguments to the court prior to the date of the hearing and 
247.8 	may make oral arguments before the court at the hearing. The individual on whose behalf 
247.9 	the petition has been brought must be present at the hearing, unless excused under Minnesota 
247.10 	Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3).
247.11 	(b) A victim of the offense for which sentence adjustment is sought has a right to submit 
247.12 	an oral or written statement to the court at the time of the hearing describing the harm 
247.13 	suffered by the victim as a result of the crime and the victim's recommendation on whether 
247.14 	adjustment should be granted or denied. The judge shall consider the victim's statement 
247.15 	when making a decision.
247.16 	(c) Representatives of the Department of Corrections, supervising agents, community 
247.17 	treatment providers, and any other individual with relevant information may submit an oral 
247.18 	or written statement to the court at the time of the hearing.
247.19 		Subd. 7.Nature of remedy; standard. (a) The court shall determine whether there are 
247.20 	substantial and compelling reasons to adjust the individual's sentence. In making this 
247.21 	determination, the court shall consider what impact, if any, a sentence adjustment would 
247.22 	have on public safety, including whether an adjustment would promote the rehabilitation 
247.23 	of the individual, properly reflect the severity of the underlying offense, or reduce sentencing 
247.24 	disparities. In making this determination, the court may consider factors relating to both the 
247.25 	offender and the offense, including but not limited to:
247.26 	(1) the individual's performance on probation or supervision;
247.27 	(2) the individual's disciplinary record during any period of incarceration;
247.28 	(3) records of any rehabilitation efforts made by the individual since the date of offense 
247.29 	and any plan to continue those efforts in the community;
247.30 	(4) evidence that remorse, age, diminished physical condition, or any other factor has 
247.31 	significantly reduced the likelihood that the individual will commit a future offense;
247.32 	(5) the amount of time the individual has served in custody or under supervision; and
247.33 	(6) significant changes in law or sentencing practice since the date of offense.
248.1 	(b) Notwithstanding any law to the contrary, if the court determines that there are 
248.2 	substantial and compelling reasons to adjust the individual's sentence, the court may modify 
248.3 	the sentence in any way provided the adjustment does not:
248.4 	(1) increase the period of confinement or, if the individual is serving a stayed sentence, 
248.5 	increase the period of supervision;
248.6 	(2) reduce or eliminate the amount of court-ordered restitution; or
248.7 	(3) reduce or eliminate a term of conditional release required by law when a court 
248.8 	commits an offender to the custody of the commissioner of corrections.
248.9 	The court may stay imposition or execution of sentence pursuant to section 609.135.
248.10 	(c) A sentence adjustment is not a valid basis to vacate the judgment of conviction, enter 
248.11 	a judgment of conviction for a different offense, or impose sentence for any other offense.
248.12 	(d) The court shall state in writing or on the record the reasons for its decision on the 
248.13 	petition. If the court grants a sentence adjustment, it shall cause a sentencing worksheet as 
248.14 	provided in section 609.115, subdivision 1, to be completed and forwarded to the Sentencing 
248.15 	Guidelines Commission. The sentencing worksheet shall clearly indicate that it is for a 
248.16 	sentence adjustment.
248.17 		Subd. 8.Appeals. An order issued under this section shall not be considered a final 
248.18 	judgment, but shall be treated as an order imposing or staying a sentence.

248.19 	EFFECTIVE DATE. This section is effective August 1, 2021.

248.20 	Sec. 19. Minnesota Statutes 2020, section 609.2231, subdivision 4, is amended to read:
248.21 		Subd. 4.Assaults motivated by bias. (a) Whoever assaults another in whole or in part
248.22 	because of the victim's or another's actual or perceived race, color, ethnicity, religion, sex, 
248.23 	gender, sexual orientation, gender identity, gender expression, age, national origin, or 
248.24 	disability as defined in section 363A.03, age, or national origin or because of the victim's 
248.25 	actual or perceived association with another person or group of a certain actual or perceived 
248.26 	race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender 
248.27 	expression, age, national origin, or disability as defined in section 363A.03, may be sentenced 
248.28 	to imprisonment for not more than one year or to payment of a fine of not more than $3,000, 
248.29 	or both.
248.30 	(b) Whoever violates the provisions of paragraph (a) within five years of a previous 
248.31 	conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment 
249.1 	for not more than one year and a day or to payment of a fine of not more than $3,000, or 
249.2 	both.

249.3 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
249.4 	committed on or after that date.

249.5 	Sec. 20. Minnesota Statutes 2020, section 609.2233, is amended to read:
249.6 	609.2233 FELONY ASSAULT MOTIVATED BY BIAS; INCREASED 
249.7 	STATUTORY MAXIMUM SENTENCE.
249.8 	A person who violates section 609.221, 609.222, or 609.223 because of the victim's or 
249.9 	another person's actual or perceived race, color, ethnicity, religion, sex, gender, sexual 
249.10 	orientation, gender identity, gender expression, age, national origin, or disability as defined 
249.11 	in section 363A.03, age, or national origin or because of the victim's actual or perceived 
249.12 	association with another person or group of a certain actual or perceived race, color, ethnicity, 
249.13 	religion, sex, gender, sexual orientation, gender identity, gender expression, age, national 
249.14 	origin, or disability as defined in section 363A.03, is subject to a statutory maximum penalty 
249.15 	of 25 percent longer than the maximum penalty otherwise applicable.

249.16 	Sec. 21. Minnesota Statutes 2020, section 609.322, subdivision 1, is amended to read:
249.17 		Subdivision 1.Solicitation, inducement, and promotion of prostitution; sex trafficking 
249.18 	in the first degree. (a) Whoever, while acting other than as a prostitute or patron, 
249.19 	intentionally does any of the following may be sentenced to imprisonment for not more 
249.20 	than 20 25 years or to payment of a fine of not more than $50,000, or both:
249.21 	(1) solicits or induces an individual under the age of 18 years to practice prostitution;
249.22 	(2) promotes the prostitution of an individual under the age of 18 years;
249.23 	(3) receives profit, knowing or having reason to know that it is derived from the 
249.24 	prostitution, or the promotion of the prostitution, of an individual under the age of 18 years; 
249.25 	or
249.26 	(4) engages in the sex trafficking of an individual under the age of 18 years.
249.27 	(b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment 
249.28 	for not more than 25 30 years or to payment of a fine of not more than $60,000, or both, if 
249.29 	one or more of the following aggravating factors are present:
249.30 	(1) the offender has committed a prior qualified human trafficking-related offense;
250.1 	(2) the offense involved a sex trafficking victim who suffered bodily harm during the 
250.2 	commission of the offense;
250.3 	(3) the time period that a sex trafficking victim was held in debt bondage or forced labor 
250.4 	or services exceeded 180 days; or
250.5 	(4) the offense involved more than one sex trafficking victim.

250.6 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
250.7 	committed on or after that date.

250.8 	Sec. 22. Minnesota Statutes 2020, section 609.322, subdivision 1a, is amended to read:
250.9 		Subd. 1a.Solicitation, inducement, and promotion of prostitution; sex trafficking 
250.10 	in the second degree. Whoever, while acting other than as a prostitute or patron, intentionally 
250.11 	does any of the following may be sentenced to imprisonment for not more than 15 20 years 
250.12 	or to payment of a fine of not more than $40,000, or both:
250.13 	(1) solicits or induces an individual to practice prostitution;
250.14 	(2) promotes the prostitution of an individual;
250.15 	(3) receives profit, knowing or having reason to know that it is derived from the 
250.16 	prostitution, or the promotion of the prostitution, of an individual; or
250.17 	(4) engages in the sex trafficking of an individual.

250.18 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
250.19 	committed on or after that date.

250.20 	Sec. 23. Minnesota Statutes 2020, section 609.324, subdivision 1, is amended to read:
250.21 		Subdivision 1.Engaging in, hiring, or agreeing to hire minor to engage in 
250.22 	prostitution; penalties. (a) Whoever intentionally does any of the following may be 
250.23 	sentenced to imprisonment for not more than 20 years or to payment of a fine of not more 
250.24 	than $40,000, or both:
250.25 	(1) engages in prostitution with an individual under the age of 13 14 years;
250.26 	(2) hires or offers or agrees to hire an individual under the age of 13 14 years to engage 
250.27 	in sexual penetration or sexual contact; or
250.28 	(3) hires or offers or agrees to hire an individual who the actor reasonably believes to 
250.29 	be under the age of 13 14 years to engage in sexual penetration or sexual contact.
251.1 	(b) Whoever intentionally does any of the following may be sentenced to imprisonment 
251.2 	for not more than ten years or to payment of a fine of not more than $20,000, or both:
251.3 	(1) engages in prostitution with an individual under the age of 16 years but at least 13
251.4 	14 years;
251.5 	(2) hires or offers or agrees to hire an individual under the age of 16 years but at least 
251.6 	13 14 years to engage in sexual penetration or sexual contact; or
251.7 	(3) hires or offers or agrees to hire an individual who the actor reasonably believes to 
251.8 	be under the age of 16 years but at least 13 years to engage in sexual penetration or sexual 
251.9 	contact.
251.10 	(c) Whoever intentionally does any of the following may be sentenced to imprisonment 
251.11 	for not more than five years or to payment of a fine of not more than $10,000, or both:
251.12 	(1) engages in prostitution with an individual under the age of 18 years but at least 16 
251.13 	years;
251.14 	(2) hires or offers or agrees to hire an individual under the age of 18 years but at least 
251.15 	16 years to engage in sexual penetration or sexual contact; or
251.16 	(3) hires or offers or agrees to hire an individual who the actor reasonably believes to 
251.17 	be under the age of 18 years but at least 16 years to engage in sexual penetration or sexual 
251.18 	contact.

251.19 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
251.20 	committed on or after that date.

251.21 	Sec. 24. Minnesota Statutes 2020, section 609.324, subdivision 2, is amended to read:
251.22 		Subd. 2.Patrons of prostitution in public place; penalty for patrons. (a) Whoever, 
251.23 	while acting as a patron, intentionally does any of the following while in a public place is 
251.24 	guilty of a gross misdemeanor:
251.25 	(1) engages in prostitution with an individual 18 years of age or older; or
251.26 	(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage 
251.27 	in sexual penetration or sexual contact.
251.28 	Except as otherwise provided in subdivision 4, a person who is convicted of violating this 
251.29 	subdivision must, at a minimum, be sentenced to pay a fine of at least $1,500.
251.30 	(b) Whoever violates the provisions of this subdivision within ten years of a previous 
251.31 	conviction for violating this section or section 609.322 is guilty of a felony and may be 
252.1 	sentenced to imprisonment for not more than five years or to payment of a fine of not more 
252.2 	than $10,000, or both.

252.3 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
252.4 	committed on or after that date.

252.5 	Sec. 25. Minnesota Statutes 2020, section 609.324, subdivision 4, is amended to read:
252.6 		Subd. 4.Community service in lieu of minimum fine. The court may order a person 
252.7 	convicted of violating subdivision 2 or 3 to perform community work service in lieu of all 
252.8 	or a portion of the minimum fine required under those subdivisions if the court makes 
252.9 	specific, written findings that the convicted person is indigent or that payment of the fine 
252.10 	would create undue hardship for the convicted person or that person's immediate family. 
252.11 	Community work service ordered under this subdivision is in addition to any mandatory 
252.12 	community work service ordered under subdivision 3.

252.13 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
252.14 	committed on or after that date.

252.15 	Sec. 26. Minnesota Statutes 2020, section 609.3241, is amended to read:
252.16 	609.3241 PENALTY ASSESSMENT AUTHORIZED.
252.17 	(a) When a court sentences an adult convicted of violating section 609.27, 609.282, 
252.18 	609.283, 609.322, 609.324, 609.33, 609.352, 617.246, 617.247, or 617.293, while acting 
252.19 	other than as a prostitute, the court shall impose an assessment of not less than $500 and 
252.20 	not more than $750 for a misdemeanor violation of section 609.27, a violation of section 
252.21 	609.324, subdivision 2, a misdemeanor violation of section 609.324, subdivision 3, a violation 
252.22 	of section 609.33, or a violation of section 617.293; otherwise the court shall impose an 
252.23 	assessment of not less than $750 and not more than $1,000. The assessment shall be 
252.24 	distributed as provided in paragraph (c) and is in addition to the surcharge required by 
252.25 	section 357.021, subdivision 6.
252.26 	(b) The court may not waive payment of the minimum assessment required by this 
252.27 	section. If the defendant qualifies for the services of a public defender or the court finds on 
252.28 	the record that the convicted person is indigent or that immediate payment of the assessment 
252.29 	would create undue hardship for the convicted person or that person's immediate family, 
252.30 	the court may reduce the amount of the minimum assessment to not less than $100. The 
252.31 	court also may authorize payment of the assessment in installments.
252.32 	(c) The assessment collected under paragraph (a) must be distributed as follows:
253.1 	(1) 40 percent of the assessment shall be forwarded to the political subdivision that 
253.2 	employs the arresting officer for use in enforcement, training, and education activities related 
253.3 	to combating sexual exploitation of youth, or if the arresting officer is an employee of the 
253.4 	state, this portion shall be forwarded to the commissioner of public safety for those purposes 
253.5 	identified in clause (3);
253.6 	(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that handled 
253.7 	the case for use in training and education activities relating to combating sexual exploitation 
253.8 	activities of youth; and
253.9 	(3) 40 percent of the assessment must be forwarded to the commissioner of health to be 
253.10 	deposited in the safe harbor for youth account in the special revenue fund and are 
253.11 	appropriated to the commissioner for distribution to crime victims services organizations 
253.12 	that provide services to sexually exploited youth, as defined in section 260C.007, subdivision 
253.13 	31.
253.14 	(d) A safe harbor for youth account is established as a special account in the state treasury.

253.15 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
253.16 	committed on or after that date.

253.17 	Sec. 27. Minnesota Statutes 2020, section 609.3455, subdivision 2, is amended to read:
253.18 		Subd. 2.Mandatory life sentence without release; egregious first-time and repeat 
253.19 	offenders. (a) Except as provided in paragraph (c), notwithstanding the statutory maximum 
253.20 	penalty otherwise applicable to the offense, the court shall sentence a person convicted 
253.21 	under section 609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h); or 609.343, 
253.22 	subdivision 1, paragraph (c), (d), (e), (f), or (h), to life without the possibility of release if:
253.23 	(1) the fact finder determines that two or more heinous elements exist; or
253.24 	(2) the person has a previous sex offense conviction for a violation of section 609.342, 
253.25 	609.343, or 609.344, and the fact finder determines that a heinous element exists for the 
253.26 	present offense.
253.27 	(b) A fact finder may not consider a heinous element if it is an element of the underlying 
253.28 	specified violation of section 609.342 or 609.343. In addition, when determining whether 
253.29 	two or more heinous elements exist, the fact finder may not use the same underlying facts 
253.30 	to support a determination that more than one element exists.
253.31 	(c) The court shall sentence a person who was under 18 years of age at the time of the 
253.32 	commission of an offense described in paragraph (a) to imprisonment for life.

254.1 	Sec. 28. Minnesota Statutes 2020, section 609.3455, subdivision 5, is amended to read:
254.2 		Subd. 5.Life sentences; minimum term of imprisonment. At the time of sentencing 
254.3 	under subdivision 3 or 4, the court shall specify a minimum term of imprisonment, based 
254.4 	on the sentencing guidelines or any applicable mandatory minimum sentence, that must be 
254.5 	served before the offender may be considered for supervised release. If the offender was 
254.6 	under 18 years of age at the time of the commission of the offense, the minimum term of 
254.7 	imprisonment specified by the court shall not exceed 15 years.

254.8 	Sec. 29. Minnesota Statutes 2020, section 609.352, subdivision 4, is amended to read:
254.9 		Subd. 4.Penalty. A person convicted under subdivision 2 or 2a is guilty of a felony and 
254.10 	may be sentenced to imprisonment for not more than three five years, or to payment of a 
254.11 	fine of not more than $5,000 $10,000, or both.

254.12 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
254.13 	committed on or after that date.

254.14 	Sec. 30. Minnesota Statutes 2020, section 609.527, subdivision 3, is amended to read:
254.15 		Subd. 3.Penalties. A person who violates subdivision 2 may be sentenced as follows:
254.16 	(1) if the offense involves a single direct victim and the total, combined loss to the direct 
254.17 	victim and any indirect victims is $250 or less, the person may be sentenced as provided in 
254.18 	section 609.52, subdivision 3, clause (5);
254.19 	(2) if the offense involves a single direct victim and the total, combined loss to the direct 
254.20 	victim and any indirect victims is more than $250 but not more than $500, the person may 
254.21 	be sentenced as provided in section 609.52, subdivision 3, clause (4);
254.22 	(3) if the offense involves two or three direct victims or the total, combined loss to the 
254.23 	direct and indirect victims is more than $500 but not more than $2,500, the person may be 
254.24 	sentenced as provided in section 609.52, subdivision 3, clause (3);
254.25 	(4) if the offense involves more than three but not more than seven direct victims, or if 
254.26 	the total combined loss to the direct and indirect victims is more than $2,500, the person 
254.27 	may be sentenced as provided in section 609.52, subdivision 3, clause (2); and
254.28 	(5) if the offense involves eight or more direct victims;, or if the total, combined loss to 
254.29 	the direct and indirect victims is more than $35,000; or, the person may be sentenced as 
254.30 	provided in section 609.52, subdivision 3, clause (1); and
255.1 	(6) if the offense is related to possession or distribution of pornographic work in violation 
255.2 	of section 617.246 or 617.247;, the person may be sentenced as provided in section 609.52, 
255.3 	subdivision 3, clause (1).

255.4 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
255.5 	committed on or after that date.

255.6 	Sec. 31. Minnesota Statutes 2020, section 609.595, subdivision 1a, is amended to read:
255.7 		Subd. 1a.Criminal damage to property in the second degree. (a) Whoever intentionally 
255.8 	causes damage described in subdivision 2, paragraph (a), because of the property owner's 
255.9 	or another's actual or perceived race, color, religion, sex, sexual orientation, disability as 
255.10 	defined in section 363A.03, age, or national origin is guilty of a felony and may be sentenced 
255.11 	to imprisonment for not more than one year and a day or to payment of a fine of not more 
255.12 	than $3,000, or both., if the damage:
255.13 	(1) was committed in whole or in part because of the property owner's or another's actual 
255.14 	or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, 
255.15 	gender expression, age, national origin, or disability as defined in section 363A.03;
255.16 	(2) was committed in whole or in part because of the victim's actual or perceived 
255.17 	association with another person or group of a certain actual or perceived race, color, ethnicity, 
255.18 	religion, sex, gender, sexual orientation, gender identity, gender expression, age, national 
255.19 	origin, or disability as defined in section 363A.03;
255.20 	(3) was motivated in whole or in part by an intent to intimidate or harm an individual 
255.21 	or group of individuals because of actual or perceived race, color, ethnicity, religion, sex, 
255.22 	gender, sexual orientation, gender identity, gender expression, age, national origin, or 
255.23 	disability as defined in section 363A.03; or
255.24 	(4) was motivated in whole or in part by an intent to intimidate or harm an individual 
255.25 	or group of individuals because of the victim's actual or perceived association with another 
255.26 	person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, 
255.27 	sexual orientation, gender identity, gender expression, age, national origin, or disability as 
255.28 	defined in section 363A.03.
255.29 	(b) In any prosecution under paragraph (a), the value of property damaged by the 
255.30 	defendant in violation of that paragraph within any six-month period may be aggregated 
255.31 	and the defendant charged accordingly in applying this section. When two or more offenses 
255.32 	are committed by the same person in two or more counties, the accused may be prosecuted 
256.1 	in any county in which one of the offenses was committed for all of the offenses aggregated 
256.2 	under this paragraph.

256.3 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
256.4 	committed on or after that date.

256.5 	Sec. 32. Minnesota Statutes 2020, section 609.595, subdivision 2, is amended to read:
256.6 		Subd. 2.Criminal damage to property in the third degree. (a) Except as otherwise 
256.7 	provided in subdivision 1a, whoever intentionally causes damage to another person's physical 
256.8 	property without the other person's consent may be sentenced to imprisonment for not more 
256.9 	than one year or to payment of a fine of not more than $3,000, or both, if: (1) the damage 
256.10 	reduces the value of the property by more than $500 but not more than $1,000 as measured 
256.11 	by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle 
256.12 	and the defendant knew the vehicle was a public safety motor vehicle.
256.13 	(b) Whoever intentionally causes damage to another person's physical property without 
256.14 	the other person's consent because of the property owner's or another's actual or perceived 
256.15 	race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, 
256.16 	or national origin may be sentenced to imprisonment for not more than one year or to 
256.17 	payment of a fine of not more than $3,000, or both, if the damage reduces the value of the 
256.18 	property by not more than $500. and:
256.19 	(1) was committed in whole or in part because of the property owner's or another's actual 
256.20 	or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, 
256.21 	gender expression, age, national origin, or disability as defined in section 363A.03;
256.22 	(2) was committed in whole or in part because of the victim's actual or perceived 
256.23 	association with another person or group of a certain actual or perceived race, color, ethnicity, 
256.24 	religion, sex, gender, sexual orientation, gender identity, gender expression, age, national 
256.25 	origin, or disability as defined in section 363A.03;
256.26 	(3) was motivated in whole or in part by an intent to intimidate or harm an individual 
256.27 	or group of individuals because of actual or perceived race, color, ethnicity, religion, sex, 
256.28 	gender, sexual orientation, gender identity, gender expression, age, national origin, or 
256.29 	disability as defined in section 363A.03; or
256.30 	(4) was motivated in whole or in part by an intent to intimidate or harm an individual 
256.31 	or group of individuals because of the victim's actual or perceived association with another 
256.32 	person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, 
257.1 	sexual orientation, gender identity, gender expression, age, national origin, or disability as 
257.2 	defined in section 363A.03.
257.3 	(c) In any prosecution under paragraph (a), clause (1), the value of property damaged 
257.4 	by the defendant in violation of that paragraph within any six-month period may be 
257.5 	aggregated and the defendant charged accordingly in applying this section. When two or 
257.6 	more offenses are committed by the same person in two or more counties, the accused may 
257.7 	be prosecuted in any county in which one of the offenses was committed for all of the 
257.8 	offenses aggregated under this paragraph.

257.9 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
257.10 	committed on or after that date.

257.11 	Sec. 33. Minnesota Statutes 2020, section 609.605, subdivision 2, is amended to read:
257.12 		Subd. 2.Gross misdemeanor. Whoever trespasses upon the grounds of a facility 
257.13 	providing emergency shelter services for battered women, as defined under section 611A.31, 
257.14 	subdivision 3, or providing comparable services for sex trafficking victims, as defined under 
257.15 	section 609.321, subdivision 7b, or of a facility providing transitional housing for battered 
257.16 	women and their children or sex trafficking victims and their children, without claim of 
257.17 	right or consent of one who has right to give consent, and refuses to depart from the grounds 
257.18 	of the facility on demand of one who has right to give consent, is guilty of a gross 
257.19 	misdemeanor.

257.20 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
257.21 	committed on or after that date.

257.22 	Sec. 34. Minnesota Statutes 2020, section 609.66, subdivision 1e, is amended to read:
257.23 		Subd. 1e.Felony; drive-by shooting. (a) Whoever, A person is guilty of a felony who,
257.24 	while in or having just exited from a motor vehicle, recklessly discharges a firearm at or 
257.25 	toward another:
257.26 	(1) an unoccupied motor vehicle or a building is guilty of a felony and may be sentenced 
257.27 	to imprisonment for not more than three years or to payment of a fine of not more than 
257.28 	$6,000, or both.;
257.29 	(2) an occupied motor vehicle or building; or
257.30 	(3) a person.
258.1 	(b) Any person who violates this subdivision by firing at or toward a person, or an 
258.2 	occupied building or motor vehicle, may be sentenced A person convicted under paragraph 
258.3 	(a), clause (1), may be sentenced to imprisonment for not more than three years or to payment 
258.4 	of a fine of not more than $6,000, or both. A person convicted under paragraph (a), clause 
258.5 	(2) or (3), may be sentenced to imprisonment for not more than ten years or to payment of 
258.6 	a fine of not more than $20,000, or both.
258.7 	(c) For purposes of this subdivision, "motor vehicle" has the meaning given in section 
258.8 	609.52, subdivision 1, and "building" has the meaning given in section 609.581, subdivision 
258.9 	2.

258.10 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
258.11 	committed on or after that date.

258.12 	Sec. 35. Minnesota Statutes 2020, section 609.749, subdivision 3, is amended to read:
258.13 		Subd. 3.Aggravated violations. (a) A person who commits any of the following acts 
258.14 	is guilty of a felony and may be sentenced to imprisonment for not more than five years or 
258.15 	to payment of a fine of not more than $10,000, or both:
258.16 	(1) commits any offense described in subdivision 2 because of the victim's or another's 
258.17 	actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender 
258.18 	identity, gender expression, age, national origin, or disability as defined in section 363A.03, 
258.19 	age, or national origin or because of the victim's actual or perceived association with another 
258.20 	person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, 
258.21 	sexual orientation, gender identity, gender expression, age, national origin, or disability as 
258.22 	defined in section 363A.03;
258.23 	(2) commits any offense described in subdivision 2 by falsely impersonating another;
258.24 	(3) commits any offense described in subdivision 2 and a dangerous weapon was used 
258.25 	in any way in the commission of the offense;
258.26 	(4) commits any offense described in subdivision 2 with intent to influence or otherwise 
258.27 	tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial 
258.28 	officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the 
258.29 	court, because of that person's performance of official duties in connection with a judicial 
258.30 	proceeding; or
258.31 	(5) commits any offense described in subdivision 2 against a victim under the age of 
258.32 	18, if the actor is more than 36 months older than the victim.
259.1 	(b) A person who commits any offense described in subdivision 2 against a victim under 
259.2 	the age of 18, if the actor is more than 36 months older than the victim, and the act is 
259.3 	committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to 
259.4 	imprisonment for not more than ten years or to payment of a fine of not more than $20,000, 
259.5 	or both.

259.6 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
259.7 	committed on or after that date.

259.8 	Sec. 36. Minnesota Statutes 2020, section 609A.01, is amended to read:
259.9 	609A.01 EXPUNGEMENT OF CRIMINAL RECORDS.
259.10 	This chapter provides the grounds and procedures for expungement of criminal records 
259.11 	under section 13.82; 152.18, subdivision 1; 299C.11, where expungement is automatic under 
259.12 	section 609A.015, or a petition is authorized under section 609A.02, subdivision 3; or other 
259.13 	applicable law. The remedy available is limited to a court order sealing the records and 
259.14 	prohibiting the disclosure of their existence or their opening except under court order or 
259.15 	statutory authority. Nothing in this chapter authorizes the destruction of records or their 
259.16 	return to the subject of the records.

259.17 	EFFECTIVE DATE. This section is effective August 1, 2023.

259.18 	Sec. 37. [609A.015] AUTOMATIC EXPUNGEMENT OF RECORDS.
259.19 		Subdivision 1.Eligibility; dismissal; exoneration. A person who is the subject of a 
259.20 	criminal record or delinquency record is eligible for a grant of expungement relief without 
259.21 	the filing of a petition:
259.22 	(1) upon the dismissal and discharge of proceedings against a person under section 
259.23 	152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession 
259.24 	of a controlled substance;
259.25 	(2) if the person was arrested and all charges were dismissed prior to a determination 
259.26 	of probable cause; or
259.27 	(3) if all pending actions or proceedings were resolved in favor of the person. For 
259.28 	purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution 
259.29 	in favor of the person. For purposes of this chapter, an action or proceeding is resolved in 
259.30 	favor of the person if the petitioner received an order under section 590.11 determining that 
259.31 	the person is eligible for compensation based on exoneration.
260.1 		Subd. 2.Eligibility; diversion and stay of adjudication. A person is eligible for a grant 
260.2 	of expungement relief if the person has successfully completed the terms of a diversion 
260.3 	program or stay of adjudication and has not been petitioned or charged with a new crime 
260.4 	for one year immediately following completion of the diversion program or stay of 
260.5 	adjudication.
260.6 		Subd. 3.Eligibility; certain criminal and delinquency proceedings. (a) A person is 
260.7 	eligible for a grant of expungement relief if the person:
260.8 	(1) was adjudicated delinquent for, convicted of, or received a stayed sentence for a 
260.9 	qualifying offense;
260.10 	(2) has not been convicted of a new crime in Minnesota during the applicable waiting 
260.11 	period immediately following discharge of the disposition or sentence for the crime;
260.12 	(3) is not incarcerated or charged with an offense in Minnesota at the time the person 
260.13 	reaches the end of the applicable waiting period; and
260.14 	(4) has not been convicted of a new crime in any other jurisdiction during the applicable 
260.15 	waiting period immediately following discharge of the disposition or sentence for the crime, 
260.16 	if the qualifying offense was a felony.
260.17 	(b) As used in this subdivision, "qualifying offense" means an adjudication, conviction, 
260.18 	or stayed sentence for:
260.19 	(1) any petty misdemeanor offense other than a violation of a traffic regulation relating 
260.20 	to the operation or parking of motor vehicles;
260.21 	(2) any misdemeanor offense other than:
260.22 	(i) section 169A.27 (fourth-degree driving while impaired);
260.23 	(ii) section 518B.01, subdivision 14 (violation of an order for protection);
260.24 	(iii) section 609.224 (assault in the fifth degree);
260.25 	(iv) section 609.2242 (domestic assault);
260.26 	(v) section 609.748 (violation of a harassment restraining order);
260.27 	(vi) section 609.78 (interference with emergency call);
260.28 	(vii) section 609.79 (obscene or harassing phone calls);
260.29 	(viii) section 617.23 (indecent exposure); or
260.30 	(ix) section 629.75 (violation of domestic abuse no contact order);
261.1 	(3) any gross misdemeanor offense other than:
261.2 	(i) section 169A.25 (second-degree driving while impaired);
261.3 	(ii) section 169A.26 (third-degree driving while impaired);
261.4 	(iii) section 518B.01, subdivision 14 (violation of an order for protection);
261.5 	(iv) section 609.2231 (assault in the fourth degree);
261.6 	(v) section 609.224 (assault in the fifth degree);
261.7 	(vi) section 609.2242 (domestic assault);
261.8 	(vii) section 609.233 (criminal neglect);
261.9 	(viii) section 609.3451 (criminal sexual conduct in the fifth degree);
261.10 	(ix) section 609.377 (malicious punishment of child);
261.11 	(x) section 609.485 (escape from custody);
261.12 	(xi) section 609.498 (tampering with witness);
261.13 	(xii) section 609.582, subdivision 4 (burglary in the fourth degree);
261.14 	(xiii) section 609.746 (interference with privacy);
261.15 	(xiv) section 609.748 (violation of a harassment restraining order);
261.16 	(xv) section 609.749 (harassment; stalking);
261.17 	(xvi) section 609.78 (interference with emergency call);
261.18 	(xvii) section 617.23 (indecent exposure);
261.19 	(xviii) section 617.261 (nonconsensual dissemination of private sexual images); or
261.20 	(xix) section 629.75 (violation of domestic abuse no contact order); and
261.21 	(4) any of the following felony offenses:
261.22 	(i) section 152.025 (controlled substance crime in the fifth degree);
261.23 	(ii) section 152.097 (simulated controlled substances);
261.24 	(iii) section 256.98 (wrongfully obtaining assistance; theft);
261.25 	(iv) section 256.984 (false declaration in assistance application);
261.26 	(v) any offense sentenced under section 609.52, subdivision 3, clause (3)(a) (theft of 
261.27 	$5,000 or less);
262.1 	(vi) any offense sentenced under section 609.528, subdivision 3, clause (3) (possession 
262.2 	or sale of stolen or counterfeit check);
262.3 	(vii) section 609.529 (mail theft);
262.4 	(viii) section 609.53 (receiving stolen property);
262.5 	(ix) any offense sentenced under section 609.535, subdivision 2a, paragraph (a), clause 
262.6 	(1) (dishonored check over $500);
262.7 	(x) section 609.59 (possession of burglary tools);
262.8 	(xi) section 609.595, subdivision 1, clauses (3) to (5) (criminal damage to property);
262.9 	(xii) section 609.63 (forgery);
262.10 	(xiii) any offense sentenced under section 609.631, subdivision 4, clause (3)(a) (check 
262.11 	forgery $2,500 or less); and
262.12 	(xiv) any offense sentenced under section 609.821, subdivision 3, paragraph (a), clause 
262.13 	(1), item (iii) (financial transaction card fraud).
262.14 	(c) As used in this subdivision, "applicable waiting period" means:
262.15 	(1) if the offense was a petty misdemeanor or a misdemeanor, two years;
262.16 	(2) if the offense was a gross misdemeanor, four years; and
262.17 	(3) if the offense was a felony, five years.
262.18 	(d) Offenses ineligible for a grant of expungement under this section remain ineligible 
262.19 	if deemed to be for a misdemeanor pursuant to section 609.13, subdivision 1, clause (2) or 
262.20 	subdivision 2, clause (2).
262.21 		Subd. 4.Notice. (a) The court shall notify a person who may become eligible for an 
262.22 	automatic expungement under this section of that eligibility at any hearing where the court 
262.23 	dismisses and discharges proceedings against a person under section 152.18, subdivision 
262.24 	1, for violation of section 152.024, 152.025, or 152.027 for possession of a controlled 
262.25 	substance; concludes that all pending actions or proceedings were resolved in favor of the 
262.26 	person; grants a person's placement into a diversion program; or sentences a person or 
262.27 	otherwise imposes a consequence for a qualifying offense.
262.28 	(b) To the extent possible, prosecutors, defense counsel, supervising agents, and 
262.29 	coordinators or supervisors of a diversion program shall notify a person who may become 
262.30 	eligible for an automatic expungement under this section of that eligibility.
263.1 	(c) If any party gives notification under this subdivision, the notification shall inform 
263.2 	the person that:
263.3 	(1) an expunged record of a conviction may be opened for purposes of a background 
263.4 	study by the Department of Human Services under section 245C.08 and for purposes of a 
263.5 	background check by the Professional Educator Licensing and Standards Board as required 
263.6 	under section 122A.18, subdivision 8; and
263.7 	(2) the person can file a petition to expunge the record and request that it be directed to 
263.8 	the commissioner of human services and the Professional Educator Licensing and Standards 
263.9 	Board.
263.10 		Subd. 5.Bureau of Criminal Apprehension to identify eligible persons and grant 
263.11 	expungement relief. (a) The Bureau of Criminal Apprehension shall identify adjudications 
263.12 	and convictions that qualify for a grant of expungement relief pursuant to this subdivision 
263.13 	or subdivision 1, 2, or 3.
263.14 	(b) The Bureau of Criminal Apprehension shall grant expungement relief to qualifying 
263.15 	persons and seal its own records without requiring an application, petition, or motion.
263.16 	(c) Nonpublic criminal records maintained by the Bureau of Criminal Apprehension and 
263.17 	subject to a grant of expungement relief shall display a notation stating "expungement relief 
263.18 	granted pursuant to section 609A.015."
263.19 	(d) The Bureau of Criminal Apprehension shall inform the judicial branch of all cases 
263.20 	for which expungement relief was granted pursuant to this section. Notification may be 
263.21 	through electronic means and may be made in real time or in the form of a monthly report. 
263.22 	Upon receipt of notice, the judicial branch shall seal all records relating to an arrest, 
263.23 	indictment or information, trial, verdict, or dismissal and discharge for any case in which 
263.24 	expungement relief was granted.
263.25 	(e) The Bureau of Criminal Apprehension shall inform each agency, other than the 
263.26 	Department of Human Services and Department of Health, and jurisdiction whose records 
263.27 	are affected by the grant of expungement relief. Notification may be through electronic 
263.28 	means and may be made in real time or in the form of a monthly report. Each notified agency 
263.29 	shall seal all records relating to an arrest, indictment or information, trial, verdict, or dismissal 
263.30 	and discharge for any case in which expungement relief was granted.
263.31 	(f) Data on the person whose offense has been expunged under this subdivision are 
263.32 	private data on individuals as defined in section 13.02.
264.1 	(g) The prosecuting attorney shall notify the victim that an offense qualifies for automatic 
264.2 	expungement under this section in the manner provided in section 611A.03, subdivisions 
264.3 	1 and 2.
264.4 	(h) In any subsequent prosecution of a person granted expungement relief, the expunged 
264.5 	criminal record may be pleaded and has the same effect as if the relief had not been granted.
264.6 	(i) The Bureau of Criminal Apprehension is directed to develop a system to provide 
264.7 	criminal justice agencies with uniform statewide access to criminal records sealed by 
264.8 	expungement.
264.9 	(j) At sentencing, the prosecuting agency with jurisdiction over the criminal record may 
264.10 	ask the court to prohibit the Bureau of Criminal Apprehension from granting expungement 
264.11 	relief under this section. The court shall grant the request upon a showing of clear and 
264.12 	convincing evidence that the interests of the public and public safety outweigh the 
264.13 	disadvantages to the defendant of not sealing the record.

264.14 	EFFECTIVE DATE. This section is effective August 1, 2023, and applies to individuals 
264.15 	with dismissals, discharges, or resolutions described in subdivision 1; who successfully 
264.16 	complete diversion as described in subdivision 2; or who are adjudicated delinquent for, 
264.17 	convicted of, or receive a stayed sentence for a qualifying offense as described in subdivision 
264.18 	3 on or after that date and retroactively to individuals:
264.19 	(1) with dismissals, discharges, or resolutions described in subdivision 1 that take place 
264.20 	on or after August 1, 2021;
264.21 	(2) who successfully complete diversion as described in subdivision 2 on or after August 
264.22 	1, 2021; or
264.23 	(3) adjudicated delinquent for, convicted of, or who received a stayed sentence for a 
264.24 	qualifying offense described in paragraph (b), clause (1), (2), or (3) on or after August 1, 
264.25 	2021.

264.26 	Sec. 38. Minnesota Statutes 2020, section 609A.02, is amended by adding a subdivision 
264.27 	to read:
264.28 		Subd. 2a.Expungement of arrest. A petition may be filed under section 609A.03 to 
264.29 	seal all records relating to an arrest if:
264.30 	(1) the prosecuting authority declined to file any charges and a grand jury did not return 
264.31 	an indictment; and
265.1 	(2) the applicable limitations period under section 628.26 has expired, and no indictment 
265.2 	or complaint was found or made and filed against the person.

265.3 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to individuals 
265.4 	arrested on or after that date.

265.5 	Sec. 39. Minnesota Statutes 2020, section 609A.02, subdivision 3, is amended to read:
265.6 		Subd. 3.Certain criminal proceedings. (a) A petition may be filed under section 
265.7 	609A.03 to seal all records relating to an arrest, indictment or information, trial, or verdict 
265.8 	if the records are not subject to section 299C.11, subdivision 1, paragraph (b), and if:
265.9 	(1) all pending actions or proceedings were resolved in favor of the petitioner. For 
265.10 	purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution 
265.11 	in favor of the petitioner. For the purposes of this chapter, an action or proceeding is resolved 
265.12 	in favor of the petitioner, if the petitioner received an order under section 590.11 determining 
265.13 	that the petitioner is eligible for compensation based on exoneration;
265.14 	(2) the petitioner has successfully completed the terms of a diversion program or stay 
265.15 	of adjudication and has not been charged with a new crime for at least one year since 
265.16 	completion of the diversion program or stay of adjudication;
265.17 	(3) the petitioner was convicted of or received a stayed sentence for a petty misdemeanor 
265.18 	or misdemeanor and has not been convicted of a new crime for at least two years since 
265.19 	discharge of the sentence for the crime;
265.20 	(4) the petitioner was convicted of or received a stayed sentence for a gross misdemeanor 
265.21 	and has not been convicted of a new crime for at least four years since discharge of the 
265.22 	sentence for the crime; or
265.23 	(5) the petitioner was convicted of or received a stayed sentence for a felony violation 
265.24 	of an offense listed in paragraph (b), and has not been convicted of a new crime for at least 
265.25 	five years since discharge of the sentence for the crime.
265.26 	(b) Paragraph (a), clause (5), applies to the following offenses:
265.27 	(1) section 35.824 (altering livestock certificate);
265.28 	(2) section 62A.41 (insurance regulations);
265.29 	(3) section 86B.865, subdivision 1 (certification for title on watercraft);
265.30 	(4) section 152.025 (controlled substance in the fifth degree); or 152.097 (sale of 
265.31 	simulated controlled substance);
266.1 	(5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09, 
266.2 	subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm);
266.3 	(6) chapter 201; 203B; or 204C (voting violations);
266.4 	(7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);
266.5 	(8) section 256.98 (wrongfully obtaining assistance);
266.6 	(9) section 256.984 (false declaration in assistance application);
266.7 	(9) (10) section 296A.23, subdivision 2 (willful evasion of fuel tax);
266.8 	(10) (11) section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances);
266.9 	(11) (12) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor);
266.10 	(12) (13) section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize 
266.11 	notices and solicitations);
266.12 	(13) (14) section 346.155, subdivision 10 (failure to control regulated animal);
266.13 	(14) (15) section 349.2127; or 349.22 (gambling regulations);
266.14 	(15) (16) section 588.20 (contempt);
266.15 	(16) (17) section 609.27, subdivision 1, clauses (2) to (5) (coercion);
266.16 	(17) (18) section 609.31 (leaving state to evade establishment of paternity);
266.17 	(18) (19) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from 
266.18 	civil commitment for mental illness);
266.19 	(19) (20) section 609.49 (failure to appear in court);
266.20 	(20) (21) section 609.52, subdivision 3, clause (3)(a) (theft of $5,000 or less), or other 
266.21 	theft offense that is sentenced under this provision; 609.52, subdivision 3, clause (2) (theft 
266.22 	of $5,000 to $35,000); or 609.52, subdivision 3a, clause (1) (theft of $1,000 or less with 
266.23 	risk of bodily harm);
266.24 	(21) (22) section 609.525 (bringing stolen goods into state);
266.25 	(22) (23) section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods);
266.26 	(23) (24) section 609.527, subdivision 5b (possession or use of scanning device or 
266.27 	reencoder); 609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit 
266.28 	check); or 609.529 (mail theft);
266.29 	(24) (25) section 609.53 (receiving stolen goods);
267.1 	(25) (26) section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check 
267.2 	over $500);
267.3 	(26) (27) section 609.54, clause (1) (embezzlement of public funds $2,500 or less);
267.4 	(27) (28) section 609.551 (rustling and livestock theft);
267.5 	(28) (29) section 609.5641, subdivision 1a, paragraph (a) (wildfire arson);
267.6 	(29) (30) section 609.576, subdivision 1, clause (3), item (iii) (negligent fires);
267.7 	(31) section 609.59 (possession of burglary or theft tools);
267.8 	(30) (32) section 609.595, subdivision 1, clauses (3) to (5), and subdivision 1a, paragraph 
267.9 	(a) (criminal damage to property);
267.10 	(31) (33) section 609.597, subdivision 3, clause (3) (assaulting or harming police horse);
267.11 	(32) (34) section 609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision 
267.12 	4, clause (3)(a) (check forgery $2,500 or less); 609.635 (obtaining signature by false 
267.13 	pretense); 609.64 (recording, filing forged instrument); or 609.645 (fraudulent statements);
267.14 	(33) (35) section 609.65, clause (1) (false certification by notary); or 609.651, subdivision 
267.15 	4, paragraph (a) (lottery fraud);
267.16 	(34) (36) section 609.652 (fraudulent driver's license and identification card);
267.17 	(35) (37) section 609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer); 
267.18 	or 609.66, subdivision 1b (furnishing firearm to minor);
267.19 	(36) (38) section 609.662, subdivision 2, paragraph (b) (duty to render aid);
267.20 	(37) (39) section 609.686, subdivision 2 (tampering with fire alarm);
267.21 	(38) (40) section 609.746, subdivision 1, paragraph (e) (interference with privacy; 
267.22 	subsequent violation or minor victim);
267.23 	(39) (41) section 609.80, subdivision 2 (interference with cable communications system);
267.24 	(40) (42) section 609.821, subdivision 2 (financial transaction card fraud);
267.25 	(41) (43) section 609.822 (residential mortgage fraud);
267.26 	(42) (44) section 609.825, subdivision 2 (bribery of participant or official in contest);
267.27 	(43) (45) section 609.855, subdivision 2, paragraph (c), clause (1) (interference with 
267.28 	transit operator);
267.29 	(44) (46) section 609.88 (computer damage); or 609.89 (computer theft);
268.1 	(45) (47) section 609.893, subdivision 2 (telecommunications and information services 
268.2 	fraud);
268.3 	(46) (48) section 609.894, subdivision 3 or 4 (cellular counterfeiting);
268.4 	(47) (49) section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual 
268.5 	property);
268.6 	(48) (50) section 609.896 (movie pirating);
268.7 	(49) (51) section 624.7132, subdivision 15, paragraph (b) (transfer pistol to minor); 
268.8 	624.714, subdivision 1a (pistol without permit; subsequent violation); or 624.7141, 
268.9 	subdivision 2 (transfer of pistol to ineligible person); or
268.10 	(50) (52) section 624.7181 (rifle or shotgun in public by minor).

268.11 	EFFECTIVE DATE. This section is effective August 1, 2021.

268.12 	Sec. 40. Minnesota Statutes 2020, section 609A.025, is amended to read:
268.13 	609A.025 NO PETITION REQUIRED IN CERTAIN CASES WITH 
268.14 	PROSECUTOR AGREEMENT AND NOTIFICATION.
268.15 	(a) If the prosecutor agrees to the sealing of a criminal record, the court shall seal the 
268.16 	criminal record for a person described in section 609A.02, subdivision 3, without the filing 
268.17 	of a petition unless it determines that the interests of the public and public safety in keeping 
268.18 	the record public outweigh the disadvantages to the subject of the record in not sealing it.
268.19 	The prosecutor shall inform the court whether the context and circumstances of the underlying 
268.20 	crime indicate a nexus between the criminal record to be expunged and the person's status 
268.21 	as a crime victim and, if so, request that the court make the appropriate findings to support 
268.22 	the relief described in section 609A.03, subdivision 6a.
268.23 	(b) At least 90 days before agreeing to the sealing of a record under this section, the 
268.24 	prosecutor shall make a good faith effort to notify any identifiable victims of the offense 
268.25 	of the intended agreement and the opportunity to object to the agreement.
268.26 	(c) Subject to paragraph (b), the agreement of the prosecutor to the sealing of records 
268.27 	for a person described in section 609A.02, subdivision 3, paragraph (a), clause (2), may 
268.28 	occur before or after the criminal charges are dismissed.
268.29 	(d) A prosecutor shall agree to the sealing of a criminal record for a person described 
268.30 	in section 609A.02, subdivision 2a, unless substantial and compelling reasons exist to object 
268.31 	to the sealing.

269.1 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to agreements 
269.2 	to the sealing of a criminal record entered into by a prosecutor on or after that date.

269.3 	Sec. 41. Minnesota Statutes 2020, section 609A.03, subdivision 5, is amended to read:
269.4 		Subd. 5.Nature of remedy; standard. (a) Except as otherwise provided by paragraph 
269.5 	(b), expungement of a criminal record under this section is an extraordinary remedy to be 
269.6 	granted only upon clear and convincing evidence that it would yield a benefit to the petitioner 
269.7 	commensurate with the disadvantages to the public and public safety of:
269.8 	(1) sealing the record; and
269.9 	(2) burdening the court and public authorities to issue, enforce, and monitor an 
269.10 	expungement order.
269.11 	(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning for 
269.12 	the sealing of a criminal record under section 609A.02, subdivision 3, paragraph (a), clause 
269.13 	(1) or (2), the court shall grant the petition to seal the record unless the agency or jurisdiction 
269.14 	whose records would be affected establishes by clear and convincing evidence that the 
269.15 	interests of the public and public safety outweigh the disadvantages to the petitioner of not 
269.16 	sealing the record.
269.17 	(c) In making a determination under this subdivision, the court shall consider:
269.18 	(1) the nature and severity of the underlying crime, the record of which would be sealed;
269.19 	(2) the risk, if any, the petitioner poses to individuals or society;
269.20 	(3) the length of time since the crime occurred;
269.21 	(4) the steps taken by the petitioner toward rehabilitation following the crime;
269.22 	(5) aggravating or mitigating factors relating to the underlying crime, including the 
269.23 	petitioner's level of participation and context and circumstances of the underlying crime;
269.24 	(6) the reasons for the expungement, including the petitioner's attempts to obtain 
269.25 	employment, housing, or other necessities;
269.26 	(7) the petitioner's criminal record;
269.27 	(8) the petitioner's record of employment and community involvement;
269.28 	(9) the recommendations of interested law enforcement, prosecutorial, and corrections 
269.29 	officials;
270.1 	(10) the recommendations of victims or whether victims of the underlying crime were 
270.2 	minors;
270.3 	(11) the amount, if any, of restitution outstanding, past efforts made by the petitioner 
270.4 	toward payment, and the measures in place to help ensure completion of restitution payment 
270.5 	after expungement of the record if granted; and
270.6 	(12) other factors deemed relevant by the court.
270.7 	(d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, if the court 
270.8 	issues an expungement order it may require that the criminal record be sealed, the existence 
270.9 	of the record not be revealed, and the record not be opened except as required under 
270.10 	subdivision 7. Records must not be destroyed or returned to the subject of the record.
270.11 	(e) Information relating to a criminal history record of an employee, former employee, 
270.12 	or tenant that has been expunged before the occurrence of the act giving rise to the civil 
270.13 	action may not be introduced as evidence in a civil action against a private employer or 
270.14 	landlord or its employees or agents that is based on the conduct of the employee, former 
270.15 	employee, or tenant.

270.16 	EFFECTIVE DATE. This section is effective August 1, 2021.

270.17 	Sec. 42. Minnesota Statutes 2020, section 609A.03, subdivision 7, is amended to read:
270.18 		Subd. 7.Limitations of order effective before January 1, 2015. (a) Upon issuance of 
270.19 	an expungement order related to a charge supported by probable cause, the DNA samples 
270.20 	and DNA records held by the Bureau of Criminal Apprehension and collected under authority 
270.21 	other than section 299C.105, shall not be sealed, returned to the subject of the record, or 
270.22 	destroyed.
270.23 	(b) Notwithstanding the issuance of an expungement order:
270.24 	(1) an expunged record may be opened for purposes of a criminal investigation, 
270.25 	prosecution, or sentencing, upon an ex parte court order;
270.26 	(2) an expunged record of a conviction may be opened for purposes of evaluating a 
270.27 	prospective employee in a criminal justice agency without a court order; and
270.28 	(3) an expunged record of a conviction may be opened for purposes of a background 
270.29 	study under section 245C.08 unless the court order for expungement is directed specifically 
270.30 	to the commissioner of human services; and
270.31 	(4) the Bureau of Criminal Apprehension shall include summary entries of expunged 
270.32 	records in all nonpublic criminal histories it generates for use by criminal justice agencies.
271.1 	Upon request by law enforcement, prosecution, or corrections authorities, an agency or 
271.2 	jurisdiction subject to an expungement order shall inform the requester of the existence of 
271.3 	a sealed record and of the right to obtain access to it as provided by this paragraph. For 
271.4 	purposes of this section, a "criminal justice agency" means courts or a government agency 
271.5 	that performs the administration of criminal justice under statutory authority.
271.6 	(c) This subdivision applies to expungement orders subject to its limitations and effective 
271.7 	before January 1, 2015.

271.8 	EFFECTIVE DATE. This section is effective August 1, 2023.

271.9 	Sec. 43. Minnesota Statutes 2020, section 609A.03, subdivision 7a, is amended to read:
271.10 		Subd. 7a.Limitations of order effective January 1, 2015, and later. (a) Upon issuance 
271.11 	of an expungement order related to a charge supported by probable cause, the DNA samples 
271.12 	and DNA records held by the Bureau of Criminal Apprehension and collected under authority 
271.13 	other than section 299C.105 shall not be sealed, returned to the subject of the record, or 
271.14 	destroyed.
271.15 	(b) Notwithstanding the issuance of an expungement order:
271.16 	(1) except as provided in clause (2), an expunged record may be opened, used, or 
271.17 	exchanged between criminal justice agencies without a court order for the purposes of 
271.18 	initiating, furthering, or completing a criminal investigation or prosecution or for sentencing 
271.19 	purposes or providing probation or other correctional services;
271.20 	(2) when a criminal justice agency seeks access to a record that was sealed under section 
271.21 	609A.02, subdivision 3, paragraph (a), clause (1), or 609A.015, subdivision 1, clause (3), 
271.22 	after an acquittal or a court order dismissing for lack of probable cause, for purposes of a 
271.23 	criminal investigation, prosecution, or sentencing, the requesting agency must obtain an ex 
271.24 	parte court order after stating a good-faith basis to believe that opening the record may lead 
271.25 	to relevant information;
271.26 	(3) an expunged record of a conviction may be opened for purposes of evaluating a 
271.27 	prospective employee in a criminal justice agency without a court order;
271.28 	(4) an expunged record of a conviction may be opened for purposes of a background 
271.29 	study under section 245C.08 unless the commissioner had been properly served with notice 
271.30 	of the petition for expungement and the court order for expungement is directed specifically 
271.31 	to the commissioner of human services;
272.1 	(5) an expunged record of a conviction may be opened for purposes of a background 
272.2 	check required under section 122A.18, subdivision 8, unless the court order for expungement 
272.3 	is directed specifically to the Professional Educator Licensing and Standards Board or the 
272.4 	licensing division of the Department of Education; and
272.5 	(6) the court may order an expunged record opened upon request by the victim of the 
272.6 	underlying offense if the court determines that the record is substantially related to a matter 
272.7 	for which the victim is before the court;
272.8 	(7) a prosecutor may request, and the district court shall provide, certified records of 
272.9 	conviction for a record expunged pursuant to sections 609A.015, 609A.02, and 609A.025, 
272.10 	and the certified records of conviction may be disclosed and introduced in criminal court 
272.11 	proceedings as provided by the rules of court and applicable law;
272.12 	(8) the Bureau of Criminal Apprehension shall include summary entries of expunged 
272.13 	records in all nonpublic criminal histories it generates for use by criminal justice agencies; 
272.14 	and
272.15 	(9) the subject of an expunged record may request, and the court shall provide, certified 
272.16 	or uncertified records of conviction for a record expunged pursuant to sections 609A.015, 
272.17 	609A.02, and 609A.025.
272.18 	(c) An agency or jurisdiction subject to an expungement order shall maintain the record 
272.19 	in a manner that provides access to the record by a criminal justice agency under paragraph 
272.20 	(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau 
272.21 	of Criminal Apprehension shall notify the commissioner of human services, the Professional 
272.22 	Educator Licensing and Standards Board, or the licensing division of the Department of 
272.23 	Education of the existence of a sealed record and of the right to obtain access under paragraph 
272.24 	(b), clause (4) or (5). Upon request, the agency or jurisdiction subject to the expungement 
272.25 	order shall provide access to the record to the commissioner of human services, the 
272.26 	Professional Educator Licensing and Standards Board, or the licensing division of the 
272.27 	Department of Education under paragraph (b), clause (4) or (5).
272.28 	(d) An expunged record that is opened or exchanged under this subdivision remains 
272.29 	subject to the expungement order in the hands of the person receiving the record.
272.30 	(e) A criminal justice agency that receives an expunged record under paragraph (b), 
272.31 	clause (1) or (2), must maintain and store the record in a manner that restricts the use of the 
272.32 	record to the investigation, prosecution, or sentencing for which it was obtained.
273.1 	(f) For purposes of this section, a "criminal justice agency" means a court or government 
273.2 	agency that performs the administration of criminal justice under statutory authority.
273.3 	(g) This subdivision applies to expungement orders subject to its limitations and effective 
273.4 	on or after January 1, 2015.

273.5 	EFFECTIVE DATE. This section is effective August 1, 2021, except that paragraph 
273.6 	(b), clause (8) is effective August 1, 2023.

273.7 	Sec. 44. Minnesota Statutes 2020, section 609A.03, subdivision 9, is amended to read:
273.8 		Subd. 9.Stay of order; appeal. An expungement order issued under this section shall 
273.9 	be stayed automatically for 60 days after the order is filed and, if the order is appealed, 
273.10 	during the appeal period. A person or an agency or jurisdiction whose records would be 
273.11 	affected by the order may appeal the order within 60 days of service of notice of filing of 
273.12 	the order. An agency or jurisdiction or its officials or employees need not file a cost bond 
273.13 	or supersedeas bond in order to further stay the proceedings or file an appeal.

273.14 	EFFECTIVE DATE. This section is effective August 1, 2021.

273.15 	Sec. 45. Minnesota Statutes 2020, section 611A.03, subdivision 1, is amended to read:
273.16 		Subdivision 1.Plea agreements; notification of victim. Prior to the entry of the factual 
273.17 	basis for a plea pursuant to a plea agreement recommendation, a prosecuting attorney shall 
273.18 	make a reasonable and good faith effort to inform the victim of:
273.19 	(1) the contents of the plea agreement recommendation, including the amount of time 
273.20 	recommended for the defendant to serve in jail or prison if the court accepts the agreement; 
273.21 	and
273.22 	(2) the right to be present at the sentencing hearing and at the hearing during which the 
273.23 	plea is presented to the court and to express orally or in writing, at the victim's option, any 
273.24 	objection to the agreement or to the proposed disposition. If the victim is not present when 
273.25 	the court considers the recommendation, but has communicated objections to the prosecuting 
273.26 	attorney, the prosecuting attorney shall make these objections known to the court; and
273.27 	(3) the eligibility of the offense for automatic expungement pursuant to section 609A.015, 
273.28 	and the victim's right to express to the court orally or in writing, at the victim's option, any 
273.29 	objection to a grant of expungement relief. If the victim is not present, but has communicated 
273.30 	objections to the prosecuting attorney, the prosecuting attorney shall make these objections 
273.31 	known to the court.

274.1 	EFFECTIVE DATE. This section is effective August 1, 2023, and applies to plea 
274.2 	agreements entered into on or after that date.

274.3 	Sec. 46. TASK FORCE ON THE CONTENTS AND USE OF PRESENTENCE 
274.4 	INVESTIGATION REPORTS AND IMPOSITION OF CONDITIONS OF 
274.5 	PROBATION.
 274.6 		Subdivision 1.Establishment. The task force on the contents and use of presentence 
274.7 	investigation reports and imposition of conditions of probation is established to review the 
274.8 	statutory requirements in Minnesota Statutes, section 609.115, for the content of presentence 
274.9 	investigation reports and determine whether that level of information is useful and necessary 
274.10 	in all cases; determine whether presentence investigation reports should be required in all 
274.11 	cases or only a subset of cases; collect and analyze data on the conditions of probation 
274.12 	ordered by courts; assess whether current practices promote public safety and equity in 
274.13 	sentencing; and make recommendations to the legislature.
274.14 		Subd. 2.Membership. (a) The task force consists of the following members:
274.15 	(1) two members of the house of representatives, one appointed by the speaker of the 
274.16 	house and one appointed by the minority leader;
274.17 	(2) two members of the senate, one appointed by the majority leader and one appointed 
274.18 	by the minority leader;
274.19 	(3) the commissioner of corrections or a designee;
274.20 	(4) two district court judges of which one shall be a judge in a metropolitan county and 
274.21 	one shall be a judge in a county other than a metropolitan county, appointed by the chief 
274.22 	justice of the supreme court;
274.23 	(5) the chair of the Minnesota Sentencing Guidelines Commission or a designee;
274.24 	(6) the state public defender or a designee;
274.25 	(7) one county attorney, appointed by the Minnesota County Attorneys Association; and
274.26 	(8) three probation officers including one employee of the Department of Corrections, 
274.27 	one employee of a county that takes part in the Community Corrections Act, and one 
274.28 	employee of a county that does not take part in the Community Corrections Act, appointed 
274.29 	by the commissioner of corrections.
274.30 	(b) As used in this section, "metropolitan county" has the meaning given in Minnesota 
274.31 	Statutes, section 473.121, subdivision 4.
275.1 	(c) Appointments must be made no later than July 30, 2021.
275.2 	(d) Members shall serve without compensation.
275.3 	(e) Members of the task force serve at the pleasure of the appointing authority or until 
275.4 	the task force expires. Vacancies shall be filled by the appointing authority consistent with 
275.5 	the qualifications of the vacating member required by this subdivision.
275.6 		Subd. 3.Officers; meetings. (a) The task force shall elect a chair and vice-chair and 
275.7 	may elect other officers as necessary.
275.8 	(b) The commissioner of corrections shall convene the first meeting of the task force no 
275.9 	later than August 1, 2021, and shall provide meeting space and administrative assistance 
275.10 	as necessary for the task force to conduct its work.
275.11 	(c) The task force shall meet at least monthly or upon the call of its chair. The task force 
275.12 	shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings 
275.13 	of the task force are subject to Minnesota Statutes, chapter 13D.
275.14 	(d) To compile and analyze data, the task force may request the cooperation and assistance 
275.15 	of local law enforcement agencies, the Minnesota Sentencing Guidelines Commission, the 
275.16 	judicial branch, the Bureau of Criminal Apprehension, county attorneys, and Tribal 
275.17 	governments, academics, and others with experience and expertise in researching probation 
275.18 	and criminal sentences.
275.19 		Subd. 4.Duties. (a) The task force shall, at a minimum:
275.20 	(1) collect and analyze available data on how often presentence investigation reports 
275.21 	are filed with the court, and in which types of cases;
275.22 	(2) review and discuss whether presentence investigation reports should be required in 
275.23 	all felony cases, and make recommendations to the legislature;
275.24 	(3) review and discuss the required content of presentence investigation reports, determine 
275.25 	whether that level of detail is needed in every case, and consider recommendations for 
275.26 	changing the required content;
275.27 	(4) collect and analyze available data on conditions of probation imposed by courts;
275.28 	(5) assess what factors courts consider when imposing conditions of probation;
275.29 	(6) determine what data is available to show whether particular conditions of probation 
275.30 	are effective in promoting public safety and rehabilitation of an offender;
276.1 	(7) determine whether conditions of probation are consistent across geographic and 
276.2 	demographic groups and, if not, how they differ;
276.3 	(8) determine the most effective methods to provide a court with relevant information 
276.4 	to establish appropriate conditions of probation;
276.5 	(9) review relevant state statutes and state and federal court decisions; and
276.6 	(10) make recommendations for legislative action, if any, on laws affecting presentence 
276.7 	investigation reports and appropriate conditions of probation.
276.8 	(b) At its discretion, the task force may examine, as necessary, other related issues 
276.9 	consistent with this section.
276.10 		Subd. 5.Report. On or before January 15, 2023, the task force shall submit a report to 
276.11 	the chairs and ranking minority members of the house of representatives and senate 
276.12 	committees and divisions with jurisdiction over criminal sentencing on the findings and 
276.13 	recommendations of the task force.
276.14 		Subd. 6.Expiration. The task force expires the day after submitting its report under 
276.15 	subdivision 5.

276.16 	Sec. 47. TITLE.
 276.17 	Sections 36 to 45 may be referred to as the "Clean Slate Act."

276.18 	Sec. 48. SENTENCING GUIDELINES MODIFICATION.
 276.19 	The Sentencing Guidelines Commission shall comprehensively review and consider 
276.20 	modifying how the Sentencing Guidelines and the sex offender grid address the crimes 
276.21 	described in Minnesota Statutes, section 609.322.

276.22 	EFFECTIVE DATE. This section is effective August 1, 2021.

276.23 	Sec. 49. REVISOR INSTRUCTION.
 276.24 	In Minnesota Statutes, the revisor of statutes shall substitute "364 days" for "one year" 
276.25 	consistent with the change in section 10. The revisor shall also make other technical changes 
276.26 	resulting from the change of term to the statutory language if necessary to preserve the 
276.27 	meaning of the text.

276.28 	Sec. 50. REPEALER.
 276.29 	Minnesota Statutes 2020, section 609.324, subdivision 3, is repealed.

277.1 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to crimes 
277.2 	committed on or after that date.

277.3 	Sec. 51. EFFECTIVE DATE.
 277.4 	Sections 1 to 3, 7, 12, 13, 27, and 28 are effective the day following final enactment and 
277.5 	apply to offenders sentenced on or after that date, and retroactively to offenders:
277.6 	(1) sentenced to life imprisonment without possibility of release following a conviction 
277.7 	under Minnesota Statutes, section 609.185, paragraph (a), for an offense committed when 
277.8 	the offender was under 18 years of age and when a sentence was imposed pursuant to 
277.9 	Minnesota Statutes, section 609.106, subdivision 2;
277.10 	(2) sentenced to life imprisonment without possibility of release following a conviction 
277.11 	under Minnesota Statutes, section 609.3455, subdivision 2, for an offense committed when 
277.12 	the offender was under 18 years of age;
277.13 	(3) sentenced to life imprisonment under Minnesota Statutes, section 609.185, paragraph 
277.14 	(a), clause (3), (5), or (6); or Minnesota Statutes 2004, section 609.109, subdivision 3, for 
277.15 	an offense committed when the offender was under 18 years of age;
277.16 	(4) sentenced to life imprisonment under Minnesota Statutes, section 609.385, for an 
277.17 	offense committed when the offender was under 18 years of age;
277.18 	(5) sentenced to life imprisonment under Minnesota Statutes, section 609.3455, 
277.19 	subdivision 3 or 4, if the minimum term of imprisonment specified by the court in its sentence 
277.20 	exceeds 15 years for an offense committed when the offender was under 18 years of age; 
277.21 	or
277.22 	(6) sentenced to an executed sentence that includes a term of imprisonment of more than 
277.23 	15 years or separate, consecutive executed sentences for two or more crimes that include 
277.24 	combined terms of imprisonment that total more than 15 years for an offense committed 
277.25 	when the offender was under 18 years of age.

277.26 	ARTICLE 15
277.27 	PUBLIC SAFETY

277.28 	Section 1. Minnesota Statutes 2020, section 169A.55, subdivision 2, is amended to read:
277.29 		Subd. 2.Reinstatement of driving privileges; notice. Upon expiration of a period of 
277.30 	revocation under section 169A.52 (license revocation for test failure or refusal), 169A.54
277.31 	(impaired driving convictions and adjudications; administrative penalties), or 171.177
278.1 	(revocation; search warrant), the commissioner shall notify the person of the terms upon 
278.2 	which driving privileges can be reinstated, and new registration plates issued, which terms 
278.3 	are: (1) successful completion of an examination and proof of compliance with any terms 
278.4 	of alcohol treatment or counseling previously prescribed, if any; and (2) any other 
278.5 	requirements imposed by the commissioner and applicable to that particular case. The 
278.6 	commissioner shall notify the owner of a motor vehicle subject to an impoundment order 
278.7 	under section 169A.60 (administrative impoundment of plates) as a result of the violation 
278.8 	of the procedures for obtaining new registration plates, if the owner is not the violator. The 
278.9 	commissioner shall also notify the person that if driving is resumed without reinstatement 
278.10 	of driving privileges or without valid registration plates and registration certificate, the 
278.11 	person will be subject to criminal penalties.

278.12 	Sec. 2. Minnesota Statutes 2020, section 169A.55, subdivision 4, is amended to read:
278.13 		Subd. 4.Reinstatement of driving privileges; multiple incidents. (a) A person whose 
278.14 	driver's license has been revoked as a result of an offense listed under clause (2) shall not 
278.15 	be eligible for reinstatement of driving privileges without an ignition interlock restriction 
278.16 	until the commissioner certifies that either:
278.17 	(1) the person did not own or lease a vehicle at the time of the offense or at any time 
278.18 	between the time of the offense and the driver's request for reinstatement, or commit a 
278.19 	violation of chapter 169, 169A, or 171 between the time of the offense and the driver's 
278.20 	request for reinstatement or at the time of the arrest for the offense listed under clause (2), 
278.21 	item (i), subitem (A) or (B), or (ii), subitem (A) or (B), as based on:
278.22 	(i) a request by the person for reinstatement, on a form to be provided by the Department 
278.23 	of Public Safety;
278.24 	(ii) the person's attestation under penalty of perjury; and
278.25 	(iii) the submission by the driver of certified copies of vehicle registration records and 
278.26 	driving records for the period from the arrest until the driver seeks reinstatement of driving 
278.27 	privileges; or
278.28 	(2) the person used the ignition interlock device and complied with section 171.306 for 
278.29 	a period of not less than:
278.30 	(i) one year, for a person whose driver's license was revoked for:
278.31 	(A) an offense occurring within ten years of a qualified prior impaired driving incident; 
278.32 	or
279.1 	(B) an offense occurring after two qualified prior impaired driving incidents; or
279.2 	(ii) two years, for a person whose driver's license was revoked for:
279.3 	(A) an offense occurring under item (i), subitem (A) or (B), and the test results indicated 
279.4 	an alcohol concentration of twice the legal limit or more; or
279.5 	(B) an offense occurring under item (i), subitem (A) or (B), and the current offense is 
279.6 	for a violation of section 169A.20, subdivision 2.
279.7 	(a) (b) A person whose driver's license has been canceled or denied as a result of three 
279.8 	or more qualified impaired driving incidents shall not be eligible for reinstatement of driving 
279.9 	privileges without an ignition interlock restriction until the person:
279.10 	(1) has completed rehabilitation according to rules adopted by the commissioner or been 
279.11 	granted a variance from the rules by the commissioner; and
279.12 	(2) has submitted verification of abstinence from alcohol and controlled substances
279.13 	under paragraph (c), as evidenced by the person's use of an ignition interlock device or other 
279.14 	chemical monitoring device approved by the commissioner.
279.15 	(b) (c) The verification of abstinence must show that the person has abstained from the 
279.16 	use of alcohol and controlled substances for a period of not less than:
279.17 	(1) three years, for a person whose driver's license was canceled or denied for an offense 
279.18 	occurring within ten years of the first of two qualified prior impaired driving incidents, or 
279.19 	occurring after three qualified prior impaired driving incidents;
279.20 	(2) four years, for a person whose driver's license was canceled or denied for an offense 
279.21 	occurring within ten years of the first of three qualified prior impaired driving incidents; or
279.22 	(3) six years, for a person whose driver's license was canceled or denied for an offense 
279.23 	occurring after four or more qualified prior impaired driving incidents.
279.24 	(c) The commissioner shall establish performance standards and a process for certifying 
279.25 	chemical monitoring devices. The standards and procedures are not rules and are exempt 
279.26 	from chapter 14, including section 14.386.

279.27 	Sec. 3. Minnesota Statutes 2020, section 169A.60, subdivision 13, is amended to read:
279.28 		Subd. 13.Special registration plates. (a) At any time during the effective period of an 
279.29 	impoundment order, a violator or registered owner may apply to the commissioner for new 
279.30 	registration plates, which must bear a special series of numbers or letters so as to be readily 
280.1 	identified by traffic law enforcement officers. The commissioner may authorize the issuance 
280.2 	of special plates if:
280.3 	(1) the violator has a qualified licensed driver whom the violator must identify;
280.4 	(2) the violator or registered owner has a limited license issued under section 171.30;
280.5 	(3) the registered owner is not the violator and the registered owner has a valid or limited 
280.6 	driver's license;
280.7 	(4) a member of the registered owner's household has a valid driver's license; or
280.8 	(5) the violator has been reissued a valid driver's license.
280.9 	(b) The commissioner may not issue new registration plates for that vehicle subject to 
280.10 	plate impoundment for a period of at least one year from the date of the impoundment order. 
280.11 	In addition, if the owner is the violator, new registration plates may not be issued for the 
280.12 	vehicle unless the person has been reissued a valid driver's license in accordance with chapter 
280.13 	171.
280.14 	(c) A violator may not apply for new registration plates for a vehicle at any time before 
280.15 	the person's driver's license is reinstated.
280.16 	(d) The commissioner may issue the special plates on payment of a $50 fee for each 
280.17 	vehicle for which special plates are requested.
280.18 	(e) Paragraphs (a) to (d) notwithstanding, the commissioner must issue upon request 
280.19 	new registration plates for aany vehicle owned by a violator or registered owner for which 
280.20 	the registration plates have been impounded if:
280.21 	(1) the impoundment order is rescinded;
280.22 	(2) the vehicle is transferred in compliance with subdivision 14; or
280.23 	(3) the vehicle is transferred to a Minnesota automobile dealer licensed under section 
280.24 	168.27, a financial institution that has submitted a repossession affidavit, or a government 
280.25 	agency.
280.26 	(f) Notwithstanding paragraphs (a) to (d), the commissioner, upon request and payment 
280.27 	of a $100 fee for each vehicle for which special plates are requested, must issue new 
280.28 	registration plates for any vehicle owned by a violator or registered owner for which the 
280.29 	registration plates have been impounded if the violator becomes a program participant in 
280.30 	the ignition interlock program under section 171.306.

281.1 	Sec. 4. Minnesota Statutes 2020, section 171.29, subdivision 1, is amended to read:
281.2 		Subdivision 1.Examination required. (a) No person whose driver's license has been 
281.3 	revoked by reason of conviction, plea of guilty, or forfeiture of bail not vacated, under 
281.4 	section 169.791, 169.797, 171.17, or 171.172, or revoked under section 169.792, 169A.52,
281.5 	or 171.177 shall be issued another license unless and until that person shall have successfully 
281.6 	passed an examination as required by the commissioner of public safety. This subdivision 
281.7 	does not apply to an applicant for early reinstatement under section 169.792, subdivision 
281.8 	7a.
281.9 	(b) The requirement to successfully pass the examination described in paragraph (a) 
281.10 	does not apply to a person whose driver's license has been revoked because of an impaired 
281.11 	driving offense.

281.12 	Sec. 5. Minnesota Statutes 2020, section 171.30, subdivision 1, is amended to read:
281.13 		Subdivision 1.Conditions of issuance. (a) The commissioner may issue a limited license 
281.14 	to the driver under the conditions in paragraph (b) in any case where a person's license has 
281.15 	been:
281.16 	(1) suspended under section 171.18, 171.173, 171.186, or 171.187;
281.17 	(2) revoked, canceled, or denied under section:
281.18 	(i) 169.792;
281.19 	(ii) 169.797;
281.20 	(iii) 169A.52:
281.21 	(A) subdivision 3, paragraph (a), clause (1) or (2); or
281.22 	(B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section 
281.23 	171.306;
281.24 	(C) (B) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an 
281.25 	alcohol concentration of less than twice the legal limit;
281.26 	(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section 
281.27 	171.306;
281.28 	(iv) 171.17; or
281.29 	(v) 171.172;
281.30 	(3) revoked, canceled, or denied under section 169A.54:
282.1 	(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration of less 
282.2 	than twice the legal limit;
282.3 	(ii) subdivision 1, clause (2); or
282.4 	(iii) subdivision 1, clause (5), (6), or (7), if in compliance with section 171.306; or
282.5 	(iv) (iii) subdivision 2, if the person does not have a qualified prior impaired driving 
282.6 	incident as defined in section 169A.03, subdivision 22, on the person's record, and the test 
282.7 	results indicate an alcohol concentration of less than twice the legal limit; or
282.8 	(4) revoked, canceled, or denied under section 171.177:
282.9 	(i) subdivision 4, paragraph (a), clause (1) or (2); or
282.10 	(ii) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section 
282.11 	171.306;
282.12 	(iii) (ii) subdivision 5, paragraph (a), clause (1) or (2), if the test results indicate an 
282.13 	alcohol concentration of less than twice the legal limit; or.
282.14 	(iv) subdivision 5, paragraph (a), clause (4), (5), or (6), if in compliance with section 
282.15 	171.306.
282.16 	(b) The following conditions for a limited license under paragraph (a) include:
282.17 	(1) if the driver's livelihood or attendance at a chemical dependency treatment or 
282.18 	counseling program depends upon the use of the driver's license;
282.19 	(2) if the use of a driver's license by a homemaker is necessary to prevent the substantial 
282.20 	disruption of the education, medical, or nutritional needs of the family of the homemaker; 
282.21 	or
282.22 	(3) if attendance at a postsecondary institution of education by an enrolled student of 
282.23 	that institution depends upon the use of the driver's license.
282.24 	(c) The commissioner in issuing a limited license may impose such conditions and 
282.25 	limitations as in the commissioner's judgment are necessary to the interests of the public 
282.26 	safety and welfare including reexamination as to the driver's qualifications. The license may 
282.27 	be limited to the operation of particular vehicles, to particular classes and times of operation, 
282.28 	and to particular conditions of traffic. The commissioner may require that an applicant for 
282.29 	a limited license affirmatively demonstrate that use of public transportation or carpooling 
282.30 	as an alternative to a limited license would be a significant hardship.
282.31 	(d) For purposes of this subdivision:
283.1 	(1) "homemaker" refers to the person primarily performing the domestic tasks in a 
283.2 	household of residents consisting of at least the person and the person's dependent child or 
283.3 	other dependents; and
283.4 	(2) "twice the legal limit" means an alcohol concentration of two times the limit specified 
283.5 	in section 169A.20, subdivision 1, clause (5).
283.6 	(e) The limited license issued by the commissioner shall clearly indicate the limitations 
283.7 	imposed and the driver operating under the limited license shall have the license in possession 
283.8 	at all times when operating as a driver.
283.9 	(f) In determining whether to issue a limited license, the commissioner shall consider 
283.10 	the number and the seriousness of prior convictions and the entire driving record of the 
283.11 	driver and shall consider the number of miles driven by the driver annually.
283.12 	(g) If the person's driver's license or permit to drive has been revoked under section 
283.13 	169.792 or 169.797, the commissioner may only issue a limited license to the person after 
283.14 	the person has presented an insurance identification card, policy, or written statement 
283.15 	indicating that the driver or owner has insurance coverage satisfactory to the commissioner 
283.16 	of public safety. The commissioner of public safety may require the insurance identification 
283.17 	card provided to satisfy this subdivision be certified by the insurance company to be 
283.18 	noncancelable for a period not to exceed 12 months.
283.19 	(h) The limited license issued by the commissioner to a person under section 171.186, 
283.20 	subdivision 4, must expire 90 days after the date it is issued. The commissioner must not 
283.21 	issue a limited license to a person who previously has been issued a limited license under 
283.22 	section 171.186, subdivision 4.
283.23 	(i) The commissioner shall not issue a limited driver's license to any person described 
283.24 	in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).
283.25 	(j) The commissioner shall not issue a class A, class B, or class C limited license.

283.26 	Sec. 6. Minnesota Statutes 2020, section 171.306, subdivision 2, is amended to read:
283.27 		Subd. 2.Performance standards; certification; manufacturer and provider 
283.28 	requirements. (a) The commissioner shall establish performance standards and a process 
283.29 	for certifying devices used in the ignition interlock program, except that the commissioner 
283.30 	may not establish standards that, directly or indirectly, require devices to use or enable 
283.31 	location tracking capabilities without a court order.
284.1 	(b) The manufacturer of a device must apply annually for certification of the device by 
284.2 	submitting the form prescribed by the commissioner. The commissioner shall require 
284.3 	manufacturers of certified devices to:
284.4 	(1) provide device installation, servicing, and monitoring to indigent program participants 
284.5 	at a discounted rate, according to the standards established by the commissioner; and
284.6 	(2) include in an ignition interlock device contract a provision that a program participant 
284.7 	who voluntarily terminates participation in the program is only liable for servicing and 
284.8 	monitoring costs incurred during the time the device is installed on the motor vehicle, 
284.9 	regardless of whether the term of the contract has expired; and
284.10 	(3) include in an ignition interlock device contract a provision that requires manufacturers 
284.11 	of certified devices to pay any towing or repair costs caused by device failure or malfunction, 
284.12 	or by damage caused during device installation, servicing, or monitoring.
284.13 	(c) The manufacturer of a certified device must include with an ignition interlock device 
284.14 	contract a separate notice to the program participant regarding any location tracking 
284.15 	capabilities of the device.

284.16 	Sec. 7. Minnesota Statutes 2020, section 171.306, subdivision 4, is amended to read:
284.17 		Subd. 4.Issuance of restricted license. (a) The commissioner shall issue a class D 
284.18 	driver's license, subject to the applicable limitations and restrictions of this section, to a 
284.19 	program participant who meets the requirements of this section and the program guidelines. 
284.20 	The commissioner shall not issue a license unless the program participant has provided 
284.21 	satisfactory proof that:
284.22 	(1) a certified ignition interlock device has been installed on the participant's motor 
284.23 	vehicle at an installation service center designated by the device's manufacturer; and
284.24 	(2) the participant has insurance coverage on the vehicle equipped with the ignition 
284.25 	interlock device. If the participant has previously been convicted of violating section 169.791, 
284.26 	169.793, or 169.797 or the participant's license has previously been suspended or canceled 
284.27 	under section 169.792 or 169.797, the commissioner shall require the participant to present 
284.28 	an insurance identification card, policy, or written statement as proof of insurance coverage, 
284.29 	and may require the insurance identification card provided be that is certified by the insurance 
284.30 	company to be noncancelable for a period not to exceed 12 months.
284.31 	(b) A license issued under authority of this section must contain a restriction prohibiting 
284.32 	the program participant from driving, operating, or being in physical control of any motor 
284.33 	vehicle not equipped with a functioning ignition interlock device certified by the 
285.1 	commissioner. A participant may drive an employer-owned vehicle not equipped with an 
285.2 	interlock device while in the normal course and scope of employment duties pursuant to 
285.3 	the program guidelines established by the commissioner and with the employer's written 
285.4 	consent.
285.5 	(c) A program participant whose driver's license has been: (1) revoked under section 
285.6 	169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph 
285.7 	(a), clause (1), (2), or (3); 169A.54, subdivision 1, clause (1), (2), (3), or (4); or 171.177, 
285.8 	subdivision 4, paragraph (a), clause (1), (2), or (3), or subdivision 5, paragraph (a), clause 
285.9 	(1), (2), or (3); or (2) revoked under section 171.17, subdivision 1, paragraph (a), clause 
285.10 	(1), or suspended under section 171.187, for a violation of section 609.2113, subdivision 
285.11 	1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or 
285.12 	(4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, 
285.13 	clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or 
285.14 	great bodily harm, where the participant has fewer than two qualified prior impaired driving 
285.15 	incidents within the past ten years or fewer than three qualified prior impaired driving 
285.16 	incidents ever; may apply for conditional reinstatement of the driver's license, subject to 
285.17 	the ignition interlock restriction.
285.18 	(d) A program participant whose driver's license has been: (1) revoked, canceled, or 
285.19 	denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or 
285.20 	subdivision 4, paragraph (a), clause (4), (5), or (6); 169A.54, subdivision 1, clause (5), (6), 
285.21 	or (7); or 171.177, subdivision 4, paragraph (a), clause (4), (5), or (6), or subdivision 5, 
285.22 	paragraph (a), clause (4), (5), or (6); or (2) revoked under section 171.17, subdivision 1, 
285.23 	paragraph (a), clause (1), or suspended under section 171.187, for a violation of section 
285.24 	609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2), 
285.25 	item (i) or (iii), (3), or (4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or 
285.26 	609.2114, subdivision 2, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, 
285.27 	substantial bodily harm, or great bodily harm, where the participant has two or more qualified 
285.28 	prior impaired driving incidents within the past ten years or three or more qualified prior 
285.29 	impaired driving incidents ever; may apply for a limited conditional reinstatement of the 
285.30 	driver's license, subject to the ignition interlock restriction, if the program participant is 
285.31 	enrolled in a licensed chemical dependency treatment or rehabilitation program as 
285.32 	recommended in a chemical use assessment, and if the participant meets the other applicable 
285.33 	requirements of section 171.30. After completing. As a prerequisite to eligibility for eventual 
285.34 	reinstatement of full driving privileges, a participant whose chemical use assessment 
285.35 	recommended treatment or rehabilitation shall complete a licensed chemical dependency 
286.1 	treatment or rehabilitation program and one year of limited license use without violating 
286.2 	the ignition interlock restriction, the conditions of limited license use, or program guidelines, 
286.3 	the participant may apply for conditional reinstatement of the driver's license, subject to the 
286.4 	ignition interlock restriction. If the program participant's ignition interlock device 
286.5 	subsequently registers a positive breath alcohol concentration of 0.02 or higher, the 
286.6 	commissioner shall cancel the driver's license, and the program participant may apply for 
286.7 	another limited license according to this paragraph. extend the time period that the participant 
286.8 	must participate in the program until the participant has reached the required abstinence 
286.9 	period described in section 169A.55, subdivision 4.
286.10 	(e) Notwithstanding any statute or rule to the contrary, the commissioner has authority 
286.11 	to determine when a program participant is eligible for restoration of full driving privileges, 
286.12 	except that the commissioner shall not reinstate full driving privileges until the program 
286.13 	participant has met all applicable prerequisites for reinstatement under section 169A.55 and 
286.14 	until the program participant's device has registered no positive breath alcohol concentrations 
286.15 	of 0.02 or higher during the preceding 90 days.

286.16 	Sec. 8. Minnesota Statutes 2020, section 241.01, subdivision 3a, is amended to read:
286.17 		Subd. 3a.Commissioner, powers and duties. The commissioner of corrections has the 
286.18 	following powers and duties:
286.19 	(a) To accept persons committed to the commissioner by the courts of this state for care, 
286.20 	custody, and rehabilitation.
286.21 	(b) To determine the place of confinement of committed persons in a correctional facility 
286.22 	or other facility of the Department of Corrections and to prescribe reasonable conditions 
286.23 	and rules for their employment, conduct, instruction, and discipline within or outside the 
286.24 	facility. Inmates shall not exercise custodial functions or have authority over other inmates.
286.25 	(c) To administer the money and property of the department.
286.26 	(d) To administer, maintain, and inspect all state correctional facilities.
286.27 	(e) To transfer authorized positions and personnel between state correctional facilities 
286.28 	as necessary to properly staff facilities and programs.
286.29 	(f) To utilize state correctional facilities in the manner deemed to be most efficient and 
286.30 	beneficial to accomplish the purposes of this section, but not to close the Minnesota 
286.31 	Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without 
286.32 	legislative approval. The commissioner may place juveniles and adults at the same state 
286.33 	minimum security correctional facilities, if there is total separation of and no regular contact 
287.1 	between juveniles and adults, except contact incidental to admission, classification, and 
287.2 	mental and physical health care.
287.3 	(g) To organize the department and employ personnel the commissioner deems necessary 
287.4 	to discharge the functions of the department, including a chief executive officer for each 
287.5 	facility under the commissioner's control who shall serve in the unclassified civil service 
287.6 	and may, under the provisions of section 43A.33, be removed only for cause.
287.7 	(h) To define the duties of these employees and to delegate to them any of the 
287.8 	commissioner's powers, duties and responsibilities, subject to the commissioner's control 
287.9 	and the conditions the commissioner prescribes.
287.10 	(i) To annually develop a comprehensive set of goals and objectives designed to clearly 
287.11 	establish the priorities of the Department of Corrections. This report shall be submitted to 
287.12 	the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory 
287.13 	committees.
287.14 	(j) To perform these duties with the goal of promoting public safety. Promoting public 
287.15 	safety includes the promotion of human rights. "Public safety" means reducing or preventing 
287.16 	crime while maintaining the basic rights, freedoms, and privileges that belong to every 
287.17 	person including the right to dignity, fairness, equality, respect, and freedom from 
287.18 	discrimination, and is achieved by preferring the use of community services to imprisonment 
287.19 	or other confinement unless confinement is necessary to protect the public, promoting the 
287.20 	rehabilitation of those convicted through the provision of evidence-based programming and 
287.21 	services, and imposing sanctions that are the least restrictive necessary to achieve 
287.22 	accountability, address the harm for the offense, and ensure victim safety.

287.23 	Sec. 9. Minnesota Statutes 2020, section 243.166, subdivision 1b, is amended to read:
287.24 		Subd. 1b.Registration required. (a) A person shall register under this section if:
287.25 	(1) the person was charged with or petitioned for a felony violation of or attempt to 
287.26 	violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted 
287.27 	of or adjudicated delinquent for that offense or another offense arising out of the same set 
287.28 	of circumstances:
287.29 	(i) murder under section 609.185, paragraph (a), clause (2);
287.30 	(ii) kidnapping under section 609.25;
287.31 	(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451, 
287.32 	subdivision 3; or 609.3453;
288.1 	(iv) indecent exposure under section 617.23, subdivision 3; or
288.2 	(v) surreptitious intrusion under the circumstances described in section 609.746, 
288.3 	subdivision 1, paragraph (f);
288.4 	(2) the person was charged with or petitioned for a violation of, or attempt to violate, or 
288.5 	aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated 
288.6 	delinquent for that offense or another offense arising out of the same set of circumstances:
288.7 	(i) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);
288.8 	(ii) false imprisonment in violation of section 609.255, subdivision 2;
288.9 	(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in 
288.10 	the sex trafficking of a minor in violation of section 609.322;
288.11 	(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
288.12 	(v) soliciting a minor to engage in sexual conduct in violation of section 609.352, 
288.13 	subdivision 2 or 2a, clause (1);
288.14 	(vi) using a minor in a sexual performance in violation of section 617.246; or
288.15 	(vii) possessing pornographic work involving a minor in violation of section 617.247;
288.16 	(3) the person was sentenced as a patterned sex offender under section 609.3455, 
288.17 	subdivision 3a; or
288.18 	(4) the person was charged with or petitioned for, including pursuant to a court martial, 
288.19 	violating a law of the United States, including the Uniform Code of Military Justice, similar 
288.20 	to the offenses an offense or involving similar circumstances to an offense described in 
288.21 	clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another 
288.22 	offense arising out of the same set of circumstances.
288.23 	(b) A person also shall register under this section if:
288.24 	(1) the person was charged with or petitioned for an offense in another state that would 
288.25 	be a violation of a law similar to an offense or involving similar circumstances to an offense
288.26 	described in paragraph (a) if committed in this state, clause (1), (2), or (3), and convicted 
288.27 	of or adjudicated delinquent for that offense or another offense arising out of the same set 
288.28 	of circumstances;
288.29 	(2) the person enters this state to reside, work, or attend school, or enters this state and 
288.30 	remains for 14 days or longer or for an aggregate period of time exceeding 30 days during 
288.31 	any calendar year; and
289.1 	(3) ten years have not elapsed since the person was released from confinement or, if the 
289.2 	person was not confined, since the person was convicted of or adjudicated delinquent for 
289.3 	the offense that triggers registration, unless the person is subject to a longer registration 
289.4 	period under the laws of another state in which the person has been convicted or adjudicated, 
289.5 	or is subject to lifetime registration.
289.6 	If a person described in this paragraph is subject to a longer registration period in another 
289.7 	state or is subject to lifetime registration, the person shall register for that time period 
289.8 	regardless of when the person was released from confinement, convicted, or adjudicated 
289.9 	delinquent.
289.10 	(c) A person also shall register under this section if the person was committed pursuant 
289.11 	to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter 
289.12 	253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the 
289.13 	United States, regardless of whether the person was convicted of any offense.
289.14 	(d) A person also shall register under this section if:
289.15 	(1) the person was charged with or petitioned for a felony violation or attempt to violate 
289.16 	any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or 
289.17 	the United States, or the person was charged with or petitioned for a violation of any of the 
289.18 	offenses listed in paragraph (a), clause (2), or a similar law of another state or the United 
289.19 	States;
289.20 	(2) the person was found not guilty by reason of mental illness or mental deficiency 
289.21 	after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in 
289.22 	states with a guilty but mentally ill verdict; and
289.23 	(3) the person was committed pursuant to a court commitment order under section 
289.24 	253B.18 or a similar law of another state or the United States.

289.25 	EFFECTIVE DATE. This section is effective July 1, 2021, and applies to offenders 
289.26 	who live in the state or who enter the state on or after that date.

289.27 	Sec. 10. Minnesota Statutes 2020, section 243.166, subdivision 4b, is amended to read:
289.28 		Subd. 4b.Health care facility; notice of status. (a) For the purposes of this subdivision:
289.29 	(1) "health care facility" means a facility:
289.30 	(i) licensed by the commissioner of health as a hospital, boarding care home or supervised 
289.31 	living facility under sections 144.50 to 144.58, or a nursing home under chapter 144A;
290.1 	(ii) registered by the commissioner of health as a housing with services establishment 
290.2 	as defined in section 144D.01; or
290.3 	(iii) licensed by the commissioner of human services as a residential facility under 
290.4 	chapter 245A to provide adult foster care, adult mental health treatment, chemical dependency 
290.5 	treatment to adults, or residential services to persons with disabilities; and
290.6 	(2) "home care provider" has the meaning given in section 144A.43.; and
290.7 	(3) "hospice provider" has the meaning given in section 144A.75.
290.8 	(b) Prior to admission to a health care facility or home care services from a home care 
290.9 	provider or hospice services from a hospice provider, a person required to register under 
290.10 	this section shall disclose to:
290.11 	(1) the health care facility employee or the home care provider or hospice provider 
290.12 	processing the admission the person's status as a registered predatory offender under this 
290.13 	section; and
290.14 	(2) the person's corrections agent, or if the person does not have an assigned corrections 
290.15 	agent, the law enforcement authority with whom the person is currently required to register, 
290.16 	that admission will occur.
290.17 	(c) A law enforcement authority or corrections agent who receives notice under paragraph 
290.18 	(b) or who knows that a person required to register under this section is planning to be 
290.19 	admitted and receive, or has been admitted and is receiving health care at a health care 
290.20 	facility or home care services from a home care provider or hospice services from a hospice 
290.21 	provider, shall notify the administrator of the facility or the home care provider or the hospice 
290.22 	provider and deliver a fact sheet to the administrator or provider containing the following 
290.23 	information: (1) name and physical description of the offender; (2) the offender's conviction 
290.24 	history, including the dates of conviction; (3) the risk level classification assigned to the 
290.25 	offender under section 244.052, if any; and (4) the profile of likely victims.
290.26 	(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health care facility 
290.27 	receives a fact sheet under paragraph (c) that includes a risk level classification for the 
290.28 	offender, and if the facility admits the offender, the facility shall distribute the fact sheet to 
290.29 	all residents at the facility. If the facility determines that distribution to a resident is not 
290.30 	appropriate given the resident's medical, emotional, or mental status, the facility shall 
290.31 	distribute the fact sheet to the patient's next of kin or emergency contact.
290.32 	(e) If a home care provider or hospice provider receives a fact sheet under paragraph (c) 
290.33 	that includes a risk level classification for the offender, the provider shall distribute the fact 
291.1 	sheet to any individual who will provide direct services to the offender before the individual 
291.2 	begins to provide the service.

291.3 	Sec. 11. Minnesota Statutes 2020, section 244.09, subdivision 5, is amended to read:
291.4 		Subd. 5.Promulgation of Sentencing Guidelines. The commission shall promulgate 
291.5 	Sentencing Guidelines for the district court. The guidelines shall be based on reasonable 
291.6 	offense and offender characteristics. The guidelines promulgated by the commission shall 
291.7 	be advisory to the district court and shall establish:
291.8 	(1) the circumstances under which imprisonment of an offender is proper; and
291.9 	(2) a presumptive, fixed sentence for offenders for whom imprisonment is proper, based 
291.10 	on each appropriate combination of reasonable offense and offender characteristics. The 
291.11 	guidelines shall provide for an increase of 20 percent and a decrease of 15 percent in the 
291.12 	presumptive, fixed sentence.
291.13 	The Sentencing Guidelines promulgated by the commission may also establish appropriate 
291.14 	sanctions for offenders for whom imprisonment is not proper. Any guidelines promulgated 
291.15 	by the commission establishing sanctions for offenders for whom imprisonment is not proper 
291.16 	shall make specific reference to noninstitutional sanctions, including but not limited to the 
291.17 	following: payment of fines, day fines, restitution, community work orders, work release 
291.18 	programs in local facilities, community based residential and nonresidential programs, 
291.19 	incarceration in a local correctional facility, and probation and the conditions thereof.
291.20 	Although the Sentencing Guidelines are advisory to the district court, the court shall 
291.21 	follow the procedures of the guidelines when it pronounces sentence in a proceeding to 
291.22 	which the guidelines apply by operation of statute. Sentencing pursuant to the Sentencing 
291.23 	Guidelines is not a right that accrues to a person convicted of a felony; it is a procedure 
291.24 	based on state public policy to maintain uniformity, proportionality, rationality, and 
291.25 	predictability in sentencing.
291.26 	In establishing and modifying the Sentencing Guidelines, the primary consideration of 
291.27 	the commission shall be public safety. Promoting public safety includes the promotion of 
291.28 	human rights. "Public safety" means reducing or preventing crime while maintaining the 
291.29 	basic rights, freedoms, and privileges that belong to every person including the right to 
291.30 	dignity, fairness, equality, respect, and freedom from discrimination, and is achieved by 
291.31 	preferring the use of community services to imprisonment or other confinement unless 
291.32 	confinement is necessary to protect the public, promoting the rehabilitation of those convicted 
291.33 	through the provision of evidence-based programming and services, and imposing sanctions 
292.1 	that are the least restrictive necessary to achieve accountability, address the harm for the 
292.2 	offense, and ensure victim safety. The commission shall also consider current sentencing 
292.3 	and release practices; correctional resources, including but not limited to the capacities of 
292.4 	local and state correctional facilities; and the long-term negative impact of the crime on the 
292.5 	community.
292.6 	The provisions of sections 14.001 to 14.69 do not apply to the promulgation of the 
292.7 	Sentencing Guidelines, and the Sentencing Guidelines, including severity levels and criminal 
292.8 	history scores, are not subject to review by the legislative commission to review 
292.9 	administrative rules. However, the commission shall adopt rules pursuant to sections 14.001
292.10 	to 14.69 which establish procedures for the promulgation of the Sentencing Guidelines, 
292.11 	including procedures for the promulgation of severity levels and criminal history scores, 
292.12 	and these rules shall be subject to review by the Legislative Coordinating Commission.

292.13 	Sec. 12. Minnesota Statutes 2020, section 299A.01, subdivision 2, is amended to read:
292.14 		Subd. 2.Duties of commissioner. (a) The duties of the commissioner shall include the 
292.15 	following:
292.16 	(1) the coordination, development and maintenance of services contracts with existing 
292.17 	state departments and agencies assuring the efficient and economic use of advanced business 
292.18 	machinery including computers;
292.19 	(2) the execution of contracts and agreements with existing state departments for the 
292.20 	maintenance and servicing of vehicles and communications equipment, and the use of related 
292.21 	buildings and grounds;
292.22 	(3) the development of integrated fiscal services for all divisions, and the preparation 
292.23 	of an integrated budget for the department;
292.24 	(4) the publication and award of grant contracts with state agencies, local units of 
292.25 	government, and other entities for programs that will benefit the safety of the public; and
292.26 	(5) the establishment of a planning bureau within the department.
292.27 	(b) The commissioner shall exercise these duties with the goal of promoting public 
292.28 	safety. Promoting public safety includes the promotion of human rights. "Public safety" 
292.29 	means reducing or preventing crime while maintaining the basic rights, freedoms, and 
292.30 	privileges that belong to every person including the right to dignity, fairness, equality, 
292.31 	respect, and freedom from discrimination, and is achieved by engaging in practices that 
292.32 	include promoting community cohesion, employing meaningful problem-solving strategies, 
293.1 	and utilizing the least restrictive sanctions or interventions necessary to reduce or repair 
293.2 	harm, ensure victim safety, and ensure accountability for offending.

293.3 	Sec. 13. [299A.011] ACCEPTANCE OF PRIVATE FUNDS; APPROPRIATION.
293.4 	The commissioner may accept donations, grants, bequests, and other gifts of money to 
293.5 	carry out the purposes of this chapter. Donations, nonfederal grants, bequests, or other gifts 
293.6 	of money accepted by the commissioner must be deposited in an account in the special 
293.7 	revenue fund and are appropriated to the commissioner for the purpose for which it was 
293.8 	given.

293.9 	Sec. 14. [299A.477] HOMETOWN HEROES ASSISTANCE PROGRAM.
293.10 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this section.
293.11 	(b) "Firefighter" means a volunteer, paid on-call, part-time, or career firefighter serving 
293.12 	a general population within the boundaries of the state.
293.13 	(c) "Minnesota Firefighter Initiative" means a collaborative that is established by major 
293.14 	fire service organizations in Minnesota, is a nonprofit organization, and is tax exempt under 
293.15 	section 501(c)(3) of the Internal Revenue Code.
293.16 		Subd. 2.Program established. The commissioner of public safety shall award a grant 
293.17 	to the Minnesota Firefighter Initiative to administer a hometown heroes assistance program 
293.18 	for Minnesota firefighters. The Minnesota Firefighter Initiative shall use the grant funds:
293.19 	(1) to provide a onetime critical illness monetary support payment to each firefighter 
293.20 	who is diagnosed with cancer or heart disease and who applies for the payment. Monetary 
293.21 	support shall be provided according to the requirements in subdivision 3;
293.22 	(2) to develop a psychotherapy program customized to address emotional trauma 
293.23 	experienced by firefighters and to offer all firefighters in the state up to five psychotherapy 
293.24 	sessions per year under the customized program, provided by mental health professionals;
293.25 	(3) to offer additional psychotherapy sessions to firefighters who need them;
293.26 	(4) to develop, annually update, and annually provide to all firefighters in the state at 
293.27 	least two hours of training on cancer, heart disease, and emotional trauma as causes of illness 
293.28 	and death for firefighters; steps and best practices for firefighters to limit the occupational 
293.29 	risks of cancer, heart disease, and emotional trauma; provide evidence-based suicide 
293.30 	prevention strategies; and ways for firefighters to address occupation-related emotional 
294.1 	trauma and promote emotional wellness. The training shall be presented by firefighters who 
294.2 	attend an additional course to prepare them to serve as trainers; and
294.3 	(5) for administrative and overhead costs of the Minnesota Firefighter Initiative associated 
294.4 	with conducting the activities in clauses (1) to (4).
294.5 		Subd. 3.Critical illness monetary support program. (a) The Minnesota Firefighter 
294.6 	Initiative shall establish and administer a critical illness monetary support program which 
294.7 	shall provide a onetime support payment of up to $20,000 to each firefighter diagnosed with 
294.8 	cancer or heart disease. A firefighter may apply for monetary support from the program, in 
294.9 	a form specified by the Minnesota Firefighter Initiative, if the firefighter has a current 
294.10 	diagnosis of cancer or heart disease or was diagnosed with cancer or heart disease in the 
294.11 	year preceding the firefighter's application. A firefighter's application for monetary support 
294.12 	must include a certification from the firefighter's health care provider of the firefighter's 
294.13 	diagnosis with cancer or heart disease. The Minnesota Firefighter Initiative shall establish 
294.14 	criteria to guide disbursement of monetary support payments under this program, and shall 
294.15 	scale the amount of monetary support provided to each firefighter according to the severity 
294.16 	of the firefighter's diagnosis.
294.17 	(b) The commissioner of public safety may access the accounts of the critical illness 
294.18 	monetary support program and may conduct periodic audits of the program to ensure that 
294.19 	payments are being made in compliance with this section and disbursement criteria 
294.20 	established by the Minnesota Firefighter Initiative.
294.21 		Subd. 4.Money from nonstate sources. The commissioner may accept contributions 
294.22 	from nonstate sources to supplement state appropriations for the hometown heroes assistance 
294.23 	program. Contributions received under this subdivision are appropriated to the commissioner 
294.24 	for the grant to the Minnesota Firefighter Initiative for purposes of this section.

294.25 	Sec. 15. Minnesota Statutes 2020, section 299A.52, subdivision 2, is amended to read:
294.26 		Subd. 2.Expense recovery. The commissioner shall assess the responsible person for 
294.27 	the regional hazardous materials response team costs of response. The commissioner may 
294.28 	bring an action for recovery of unpaid costs, reasonable attorney fees, and any additional 
294.29 	court costs. Any funds received by the commissioner under this subdivision are appropriated 
294.30 	to the commissioner to pay for costs for which the funds were received. Any remaining 
294.31 	funds at the end of the biennium shall be transferred to the Fire Safety Account.

295.1 	Sec. 16. Minnesota Statutes 2020, section 299A.55, is amended to read:
295.2 	299A.55 RAILROAD AND PIPELINE SAFETY; OIL AND OTHER HAZARDOUS 
295.3 	MATERIALS.
295.4 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms have 
295.5 	the meanings given them.
295.6 	(b) "Applicable rail carrier" means a railroad company that is subject to an assessment 
295.7 	under section 219.015, subdivision 2.
295.8 	(c) "Hazardous substance" has the meaning given in section 115B.02, subdivision 8.
295.9 	(d) "Oil" has the meaning given in section 115E.01, subdivision 8.
295.10 	(e) "Pipeline company" means any individual, partnership, association, or public or 
295.11 	private corporation who owns and operates pipeline facilities and is required to show specific 
295.12 	preparedness under section 115E.03, subdivision 2.
295.13 		Subd. 2.Railroad and pipeline safety account. (a) A railroad and pipeline safety 
295.14 	account is created in the special revenue fund. The account consists of funds collected under 
295.15 	subdivision 4 and funds donated, allotted, transferred, or otherwise provided to the account.
295.16 	(b) $104,000 is annually appropriated from the railroad and pipeline safety account to 
295.17 	the commissioner of the Pollution Control Agency for environmental protection activities 
295.18 	related to railroad discharge preparedness under chapter 115E.
295.19 	(c) $600,000 in fiscal year 2018 and $600,000 in fiscal year 2019 are appropriated from 
295.20 	the railroad and pipeline safety account to the commissioner of transportation for improving 
295.21 	safety at railroad grade crossings.
295.22 	(d) Following the appropriation in paragraphs (b) and (c), the remaining money in the 
295.23 	account is (b) Funds are annually appropriated to the commissioner of public safety for the 
295.24 	purposes specified in subdivision 3.
295.25 		Subd. 3.Allocation of funds. (a) Subject to funding appropriated for this subdivision, 
295.26 	the commissioner shall provide funds for training and response preparedness related to (1) 
295.27 	derailments, discharge incidents, or spills involving trains carrying oil or other hazardous 
295.28 	substances, and (2) pipeline discharge incidents or spills involving oil or other hazardous 
295.29 	substances.
295.30 	(b) The commissioner shall allocate available funds as follows:
295.31 	(1) $100,000 annually for emergency response teams; and
296.1 	(2) the remaining amount to the Board of Firefighter Training and Education under 
296.2 	section 299N.02 and the Division of Homeland Security and Emergency Management.
296.3 	(1) $225,000 for existing full-time equivalent and on-call funding at the Department of 
296.4 	Public Safety, State Fire Marshal Division;
296.5 	(2) $122,000 for program operating expenses;
296.6 	(3) $128,000 transferred to the Minnesota Pollution Control Agency for program 
296.7 	operating expenses;
296.8 	(4) $125,000 for Minnesota Board of Firefighter Training and Education training 
296.9 	programs for fire departments;
296.10 	(5) $200,000 to facilitate and support trainings and exercises for State Emergency 
296.11 	Response Teams;
296.12 	(6) $200,000 to support local planning;
296.13 	(7) $200,000 to replace state hazmat response team equipment;
296.14 	(8) $700,000 for capital equipment and vehicle replacement; and
296.15 	(9) $600,000 transferred to the Department of Transportation for statewide rail crossing 
296.16 	improvements.
296.17 	(c) Prior to making allocations under paragraph (b), the commissioner shall consult with 
296.18 	the Fire Service Advisory Committee under section 299F.012, subdivision 2.
296.19 	(d) The commissioner and the entities identified in paragraph (b), clause (2), shall 
296.20 	prioritize uses of funds based on:
296.21 	(1) firefighter training needs;
296.22 	(2) community risk from discharge incidents or spills;
296.23 	(3) geographic balance; and
296.24 	(4) recommendations of the Fire Service Advisory Committee.
296.25 	(e) The following are permissible uses of funds provided under this subdivision:
296.26 	(1) training costs, which may include, but are not limited to, training curriculum, trainers, 
296.27 	trainee overtime salary, other personnel overtime salary, and tuition;
296.28 	(2) costs of gear and equipment related to hazardous materials readiness, response, and 
296.29 	management, which may include, but are not limited to, original purchase, maintenance, 
296.30 	and replacement;
297.1 	(3) supplies related to the uses under clauses (1) and (2); and
297.2 	(4) emergency preparedness planning and coordination.
297.3 	(f) Notwithstanding paragraph (b), clause (2), from funds in the railroad and pipeline 
297.4 	safety account provided for the purposes under this subdivision, the commissioner may 
297.5 	retain a balance in the account for budgeting in subsequent fiscal years.
297.6 		Subd. 4.Assessments. (a) The commissioner of public safety shall annually assess 
297.7 	$2,500,000 to railroad and pipeline companies based on the formula specified in paragraph 
297.8 	(b). The commissioner shall deposit funds collected under this subdivision in the railroad 
297.9 	and pipeline safety account under subdivision 2.
297.10 	(b) The assessment for each railroad is 50 percent of the total annual assessment amount, 
297.11 	divided in equal proportion between applicable rail carriers based on route miles operated 
297.12 	in Minnesota. The assessment for each pipeline company is 50 percent of the total annual 
297.13 	assessment amount, divided in equal proportion between companies based on the yearly 
297.14 	aggregate gallons of oil and hazardous substance transported by pipeline in Minnesota.
297.15 	(c) The assessments under this subdivision expire July 1, 2017.

297.16 	Sec. 17. [299A.625] INNOVATION IN COMMUNITY SAFETY.
297.17 		Subdivision 1.Definitions. (a) As used in this section, the following terms have the 
297.18 	meanings given them.
297.19 	(b) "Civilian review board" means a board, commission, or other oversight body created 
297.20 	to provide civilian oversight of the conduct of peace officers and law enforcement agencies.
297.21 	(c) "Local commission" has the meaning given in section 363A.03, subdivision 23.
297.22 	(d) "Metropolitan area" has the meaning given in section 473.121, subdivision 2.
297.23 	(e) "Targeted area" means one or more contiguous census tracts as reported in the most 
297.24 	recently completed decennial census published by the United States Bureau of the Census 
297.25 	that has a poverty rate of at least 20 percent and which experiences a disproportionately 
297.26 	high rate of violent crime.
297.27 		Subd. 2.Innovation in community safety; coordinator; qualifications. (a) The 
297.28 	commissioner shall appoint a coordinator to work in the Office of Justice Programs in the 
297.29 	Department of Public Safety to direct a targeted, community-centered response to violence. 
297.30 	The coordinator shall serve in the unclassified service.
297.31 	(b) The coordinator shall have experience:
298.1 	(1) living in a targeted area;
298.2 	(2) providing direct services to victims or others in communities impacted by violence;
298.3 	(3) writing or reviewing grant applications;
298.4 	(4) building coalitions within the African American community and other communities 
298.5 	that have experienced systemic discrimination; and
298.6 	(5) leading a nonprofit organization.
298.7 		Subd. 3.Coordinator; duties. The coordinator shall work with community members 
298.8 	to develop a strategy to address violence within targeted areas and promote community 
298.9 	healing and recovery. Additionally, the coordinator shall:
298.10 	(1) serve as a liaison between the office and the councils created in sections 3.922 and 
298.11 	15.0145;
298.12 	(2) provide technical assistance or navigation services to individuals seeking to apply 
298.13 	for grants issued by the office;
298.14 	(3) identify targeted areas;
298.15 	(4) organize and provide technical assistance to local grant advisory boards;
298.16 	(5) assist local grant advisory boards in soliciting applications for grants;
298.17 	(6) develop simplified grant application materials;
298.18 	(7) identify effective forms of community-led intervention to promote public safety;
298.19 	(8) encourage the use of restorative justice programs including but not limited to 
298.20 	sentencing circles; and
298.21 	(9) administer grants.
298.22 		Subd. 4.Innovation in community safety grants. (a) Pursuant to the decisions of 
298.23 	community grant advisory boards, the coordinator shall award grants to organizations in 
298.24 	targeted areas for the purposes identified in this subdivision. The coordinator may prioritize 
298.25 	targeted areas, determine which targeted areas are eligible for grants, and establish the total 
298.26 	amount of money available for grants in each targeted area provided that an eligible targeted 
298.27 	area must receive at least $1,000,000 for grants. In prioritizing targeted areas, the coordinator 
298.28 	shall prioritize areas that have the highest rates of violent crime.
298.29 	(b) Recipients of youth, young adult, and family antiviolence outreach program grants 
298.30 	may work with other organizations including but not limited to law enforcement, state and 
298.31 	local public agencies, interfaith organizations, nonprofit organizations, and African immigrant 
299.1 	and African American community organizations and stakeholders; may focus on African 
299.2 	immigrant and African American youth and young adults; and must:
299.3 	(1) identify behaviors indicating that an individual is vulnerable to committing or being 
299.4 	the victim of bullying or interfamily, community, or domestic abuse;
299.5 	(2) identify and assess factors and influences, including but not limited to family 
299.6 	dysfunction and cultural disengagement that make youth and young adults vulnerable to 
299.7 	recruitment by violent organizations;
299.8 	(3) develop strategies to reduce and eliminate abusive and bullying behaviors among 
299.9 	youth and adults;
299.10 	(4) develop and implement strategies to reduce and eliminate the factors and influences 
299.11 	that make youth and young adults vulnerable to recruitment by violent organizations;
299.12 	(5) develop strategies, programs, and services to educate parents and other family 
299.13 	members to recognize and address behaviors indicating that youth are being recruited by 
299.14 	violent organizations; and
299.15 	(6) in collaboration with public entities and other community and private organizations 
299.16 	that provide services to at-risk youth and families, develop strategies, programs, and services 
299.17 	to reduce and eliminate bullying, abusive behavior, and the vulnerability of youth to 
299.18 	recruitment by violent organizations, including but not limited to:
299.19 	(i) expressive and receptive communications programs including music, art, theater, 
299.20 	dance, and play designed to teach and develop appropriate skills for interfaith family 
299.21 	communication;
299.22 	(ii) development of protective skills and positive coping skills to deal with bullying, 
299.23 	domestic abuse and interfaith family violence, and violent confrontations in the community;
299.24 	(iii) culturally appropriate individual and family counseling focusing on communication 
299.25 	and interpersonal relations with the family and, when appropriate, the African immigrant 
299.26 	and African American community;
299.27 	(iv) after-school and summer programs for youth and young adults that are structured 
299.28 	and include components offering physical recreation, sports, mentorship, education 
299.29 	enrichment, art, music, and social activities that are culturally appropriate;
299.30 	(v) individual and family-oriented financial planning and management skill building;
299.31 	(vi) culturally appropriate individual and family counseling focusing on education and 
299.32 	employment counseling; and
300.1 	(vii) information regarding, and direct links to, entities that provide employment skills 
300.2 	training, job search and placement, and employment support activities and services.
300.3 	(c) Recipients of grants to implement the Minnesota SafeStreets program must work 
300.4 	with other organizations and persons in the community to develop community-based 
300.5 	responses to violence that:
300.6 	(1) use and adapt critical incident response methods which have been identified as best 
300.7 	practices in the field including violence prevention, situational de-escalation, mitigation of 
300.8 	trauma, and restorative justice;
300.9 	(2) provide targeted interventions to prevent the escalation of violence after the occurrence 
300.10 	of serious incidents, such as a shooting, murder, or other violent crime;
300.11 	(3) de-escalate violence with the use of community-based interventions designed to 
300.12 	prevent conflict from becoming violent;
300.13 	(4) provide an alternative to adjudication through a restorative justice model for persons 
300.14 	who commit lower level offenses;
300.15 	(5) develop working relationships with community providers to enable young people to 
300.16 	care for themselves and their families in healthy and empowered ways; and
300.17 	(6) culminate in a collective action plan which, at a minimum, includes the following:
300.18 	(i) increased educational opportunities;
300.19 	(ii) meaningful workforce opportunities;
300.20 	(iii) leadership-based entrepreneurial and social enterprise opportunities;
300.21 	(iv) expanded mental health and chemical health services; and
300.22 	(v) access to critically needed human and social services.
300.23 	(d) Recipients of grants to promote community healing must provide programs and direct 
300.24 	intervention to promote wellness and healing justice and may use funds for:
300.25 	(1) programmatic and community care support for wellness and healing justice 
300.26 	practitioners;
300.27 	(2) the establishment and expansion of community organizations that provide wellness 
300.28 	and healing justice services;
300.29 	(3) placing wellness and healing justice practitioners in organizations that provide direct 
300.30 	service to Black, Indigenous, and people of color communities in Minnesota;
301.1 	(4) providing healing circles;
301.2 	(5) establishing and expanding Community Coach Certification programs to train 
301.3 	community healers and establish a long-term strategy to build the infrastructure for 
301.4 	community healers to be available during times of tragedy; or
301.5 	(6) restorative justice programs including but not limited to sentencing circles.
301.6 	(e) Recipients of grants to establish or maintain co-responder teams must partner with 
301.7 	local units of government or Tribal governments to build on existing mobile mental health 
301.8 	crisis teams and identify gaps in order to do any of the following:
301.9 	(1) develop and establish independent crisis-response teams to de-escalate volatile 
301.10 	situations;
301.11 	(2) respond to situations involving a mental health crisis;
301.12 	(3) promote community-based efforts designed to enhance community safety and 
301.13 	wellness; or
301.14 	(4) support community-based strategies to interrupt, intervene in, or respond to violence.
301.15 	(f) Recipients of grants to establish or maintain community-based mental health and 
301.16 	social service centers must provide direct services to community members in targeted areas.
301.17 		Subd. 5.Appropriation; distribution. (a) Of the amount appropriated for grants issued 
301.18 	pursuant to subdivision 4, two-thirds shall be distributed in the metropolitan area and 
301.19 	one-third shall be distributed outside the metropolitan area.
301.20 	(b) No grant recipient shall receive more than $1,000,000 each year.
301.21 		Subd. 6.Community grant advisory boards; members. (a) The coordinator shall work 
301.22 	with the chair or director of a local commission, civilian review board, or similar organization 
301.23 	to establish a community grant advisory board within a targeted area.
301.24 	(b) Community grant advisory boards shall review grant applications and direct the 
301.25 	coordinator to award grants to approved applicants.
301.26 	(c) The chair or director of a local commission, civilian review board, or similar 
301.27 	organization shall serve as the chair of a community grant advisory board.
301.28 	(d) A community grant advisory board shall include the chair and at least four but not 
301.29 	more than six other members.
301.30 	(e) The membership of community grant advisory boards shall reflect the demographic 
301.31 	makeup of the targeted area and the members, other than the chair, must reside in the targeted 
302.1 	area over which a board has jurisdiction. A majority of the members of a board must provide 
302.2 	direct services to victims or others in the targeted area as a part of the person's employment 
302.3 	or regular volunteer work.
302.4 	(f) Community grant advisory board members may not accept gifts, donations, or any 
302.5 	other thing of value from applicants.
302.6 		Subd. 7.Community grant advisory board; procedure. (a) Community grant advisory 
302.7 	boards shall provide notice of available grants and application materials for organizations 
302.8 	or individuals to apply for grants.
302.9 	(b) Community grant advisory boards shall establish reasonable application deadlines 
302.10 	and review grant applications. Boards may interview applicants and invite presentations.
302.11 	(c) Community grant advisory boards shall determine which applicants will receive 
302.12 	funds and the amount of those funds, and shall inform the coordinator of their decisions.

302.13 	Sec. 18. [299A.783] STATEWIDE ANTITRAFFICKING INVESTIGATION 
302.14 	COORDINATION.
302.15 		Subdivision 1.Antitrafficking investigation coordinator. The commissioner of public 
302.16 	safety must appoint a statewide antitrafficking investigation coordinator who shall work in 
302.17 	the Office of Justice Programs. The coordinator must be a current or former law enforcement 
302.18 	officer or prosecutor with experience investigating or prosecuting trafficking-related offenses. 
302.19 	The coordinator must also have knowledge of services available to and Safe Harbor response 
302.20 	for victims of sex trafficking and sexual exploitation and Minnesota's child welfare system 
302.21 	response. The coordinator serves at the pleasure of the commissioner in the unclassified 
302.22 	service.
302.23 		Subd. 2.Coordinator's responsibilities. The coordinator shall have the following duties:
302.24 	(1) develop, coordinate, and facilitate training for law enforcement officers, prosecutors, 
302.25 	courts, child welfare workers, social service providers, medical providers, and other 
302.26 	community members;
302.27 	(2) establish standards for approved training and review compliance with those standards;
302.28 	(3) coordinate and monitor multijurisdictional sex trafficking task forces;
302.29 	(4) review, develop, promote, and monitor compliance with investigative protocols to 
302.30 	ensure that law enforcement officers and prosecutors engage in best practices;
302.31 	(5) provide technical assistance and advice related to the investigation and prosecution 
302.32 	of trafficking offenses and the treatment of victims;
303.1 	(6) promote the efficient use of resources by addressing issues of deconfliction, providing 
303.2 	advice regarding questions of jurisdiction, and promoting the sharing of data between entities 
303.3 	investigating and prosecuting trafficking offenses;
303.4 	(7) assist in the appropriate distribution of grants;
303.5 	(8) perform other duties necessary to ensure effective and efficient investigation and 
303.6 	prosecution of trafficking-related offenses; and
303.7 	(9) coordinate with other federal, state, and local agencies to ensure multidisciplinary 
303.8 	responses to trafficking and exploitation of youth in Minnesota.

303.9 	Sec. 19. [299A.85] OFFICE FOR MISSING AND MURDERED INDIGENOUS 
303.10 	RELATIVES.
303.11 		Subdivision 1.Definitions. As used in this section, the following terms have the meanings 
303.12 	given.
303.13 	(a) "Indigenous" means descended from people who were living in North America at 
303.14 	the time people from Europe began settling in North America.
303.15 	(b) "Missing and murdered Indigenous relatives" means missing and murdered Indigenous 
303.16 	people.
303.17 	(c) "Missing and Murdered Indigenous Women Task Force report" means the report 
303.18 	titled "Missing and Murdered Indigenous Women Task Force: a Report to the Minnesota 
303.19 	Legislature," published by the Wilder Research organization in December 2020.
303.20 		Subd. 2.Establishment. The commissioner shall establish and maintain an office 
303.21 	dedicated to preventing and ending the targeting of Indigenous women, children, and 
303.22 	two-spirited people with the Minnesota Office of Justice Programs.
303.23 		Subd. 3.Executive director; staff. (a) The commissioner must appoint an executive 
303.24 	director who is a person closely connected to a Tribe or Indigenous community and who is 
303.25 	highly knowledgeable about criminal investigations. The commissioner is encouraged to 
303.26 	consider candidates for appointment who are recommended by Tribes and Indigenous 
303.27 	communities. The executive director serves in the unclassified service.
303.28 	(b) The executive director may select, appoint, and compensate out of available funds 
303.29 	assistants and employees as necessary to discharge the office's responsibilities. The executive 
303.30 	director may appoint an assistant executive director in the unclassified service.
303.31 	(c) The executive director and full-time staff shall be members of the Minnesota State 
303.32 	Retirement Association.
304.1 		Subd. 4.Duties. The office has the following duties:
304.2 	(1) advocate in the legislature for legislation that will facilitate the accomplishment of 
304.3 	the mandates identified in the Missing and Murdered Indigenous Women Task Force report;
304.4 	(2) advocate for state agencies to take actions to facilitate the accomplishment of the 
304.5 	mandates identified in the Missing and Murdered Indigenous Women Task Force report;
304.6 	(3) develop recommendations for legislative and agency actions to address injustice in 
304.7 	the criminal justice system's response to the cases of missing and murdered Indigenous 
304.8 	relatives;
304.9 	(4) facilitate research to refine the mandates in the Missing and Murdered Indigenous 
304.10 	Women Task Force report and to assess the potential efficacy, feasibility, and impact of the 
304.11 	recommendations;
304.12 	(5) develop tools and processes to evaluate the implementation and impact of the efforts 
304.13 	of the office;
304.14 	(6) facilitate technical assistance for local and Tribal law enforcement agencies during 
304.15 	active missing and murdered Indigenous relatives cases;
304.16 	(7) conduct case reviews and report on the results of case reviews for the following types 
304.17 	of missing and murdered Indigenous relatives cases: cold cases for missing Indigenous 
304.18 	people and death investigation review for cases of Indigenous people ruled as suicide or 
304.19 	overdose under suspicious circumstances;
304.20 	(8) conduct case reviews of the prosecution and sentencing for cases where a perpetrator 
304.21 	committed a violent or exploitative crime against an Indigenous person. These case reviews 
304.22 	should identify those cases where the perpetrator is a repeat offender;
304.23 	(9) prepare draft legislation as necessary to allow the office access to the data required 
304.24 	for the office to conduct the reviews required in this section and advocate for passage of 
304.25 	that legislation;
304.26 	(10) review sentencing guidelines for missing and murdered Indigenous women-related 
304.27 	crimes, recommend changes if needed, and advocate for consistent implementation of the 
304.28 	guidelines across Minnesota courts;
304.29 	(11) develop and maintain communication with relevant divisions in the Department of 
304.30 	Public Safety regarding any cases involving missing and murdered Indigenous relatives and 
304.31 	on procedures for investigating cases involving missing and murdered Indigenous relatives; 
304.32 	and
305.1 	(12) coordinate, as relevant, with the Bureau of Indian Affairs' Cold Case Office through 
305.2 	Operation Lady Justice and other federal efforts, as well as efforts in neighboring states and 
305.3 	Canada. This recommendation pertains to state efforts. Tribes are sovereign nations that 
305.4 	have the right to determine if and how they will coordinate with these other efforts.
305.5 		Subd. 5.Coordination with other organizations. In fulfilling its duties the office may 
305.6 	coordinate, as useful, with stakeholder groups that were represented on the Missing and 
305.7 	Murdered Indigenous Women Task Force and state agencies that are responsible for the 
305.8 	systems that play a role in investigating, prosecuting, and adjudicating cases involving 
305.9 	violence committed against Indigenous women, those who have a role in supporting or 
305.10 	advocating for missing or murdered Indigenous women and the people who seek justice for 
305.11 	them, and those who represent the interests of Indigenous people. This includes the following 
305.12 	entities: Minnesota Chiefs of Police Association; Minnesota Sheriffs' Association; Bureau 
305.13 	of Criminal Apprehension; Minnesota Police and Peace Officers Association; Tribal law 
305.14 	enforcement; Minnesota County Attorneys Association; United States Attorney's Office; 
305.15 	juvenile courts; Minnesota Coroners' and Medical Examiners' Association; United States 
305.16 	Coast Guard; state agencies, including the Departments of Health, Human Services, 
305.17 	Education, Corrections, and Public Safety; the Minnesota Indian Affairs Council; service 
305.18 	providers who offer legal services, advocacy, and other services to Indigenous women and 
305.19 	girls; the Minnesota Indian Women's Sexual Assault Coalition; Mending the Sacred Hoop; 
305.20 	Indian health organizations; Indigenous women and girls who are survivors; the 11 Tribal 
305.21 	nations that share geography with Minnesota; and organizations and leadership from urban 
305.22 	and statewide American Indian communities.
305.23 		Subd. 6.Reports. The office must report on measurable outcomes achieved to meet its 
305.24 	statutory duties, along with specific objectives and outcome measures proposed for the 
305.25 	following year. The office must submit the report by January 15 each year to the chairs and 
305.26 	ranking minority members of the legislative committees with primary jurisdiction over 
305.27 	public safety.
305.28 		Subd. 7.Grants. The office may apply for and receive grants from public and private 
305.29 	entities for purposes of carrying out the office's duties under this section.
305.30 		Subd. 8.Access to data. Notwithstanding section 13.384 or 13.85, the executive director 
305.31 	has access to corrections and detention data and medical data maintained by an agency and 
305.32 	classified as private data on individuals or confidential data on individuals when access to 
305.33 	the data is necessary for the office to perform its duties under this section.

306.1 	Sec. 20. [299A.86] MINNESOTA HEALS.
306.2 	(a) The Minnesota Heals Initiative is established in the Department of Public Safety to 
306.3 	provide:
306.4 	(1) grants to community healing networks;
306.5 	(2) resources for families after an officer-involved death; and
306.6 	(3) a statewide critical incident stress management service.
306.7 	(b) The commissioner of public safety shall establish and maintain a Statewide Critical 
306.8 	Incident Stress Management Service Office for first responders. The office shall manage a 
306.9 	mental health and wellness program for first responders including but not limited to regular 
306.10 	trainings and education videos, self-assessment tools, and professional guidance and 
306.11 	coaching. The office shall establish response teams across the state; provide support and 
306.12 	technical assistance in establishing mutual aid requests; and develop and implement new 
306.13 	trainings, services, online resources, and meetings. The office shall also maintain a referral 
306.14 	program.
306.15 	(c) The Office of Justice Programs shall administer a grant program to fund community 
306.16 	healing networks to sustain trauma-informed responses to promote healing after critical 
306.17 	events and natural disasters. Grants are for culturally, trauma-informed training and for 
306.18 	coordinating a statewide response network of trainers and responders in collaboration with 
306.19 	local or Tribal governments, or both governments in impacted areas.
306.20 	(d) The Office of Justice Programs shall establish and maintain a fund to reimburse costs 
306.21 	related to funeral and burial expenses, cultural healing ceremonies, and mental health and 
306.22 	trauma healing services for family members impacted by officer-involved deaths.

306.23 	Sec. 21. Minnesota Statutes 2020, section 299C.80, subdivision 3, is amended to read:
306.24 		Subd. 3.Additional duty. (a) The unit shall investigate all criminal sexual conduct 
306.25 	cases:
306.26 	(1) involving peace officers, including criminal sexual conduct cases involving chief 
306.27 	law enforcement officers; and
306.28 	(2) where a member of the Minnesota National Guard is the victim, the accused is a 
306.29 	member of the Minnesota National Guard, and the incident occurred in Minnesota.
306.30 	(b) The unit shall assist the agency investigating an alleged sexual assault of a member 
306.31 	of the Minnesota National Guard by another member of the Minnesota National Guard that 
307.1 	occurred in a jurisdiction outside of the state, if the investigating agency requests assistance 
307.2 	from the unit.
307.3 	(c) The unit may also investigate conflict of interest cases involving peace officers.

307.4 	Sec. 22. Minnesota Statutes 2020, section 340A.504, subdivision 7, is amended to read:
307.5 		Subd. 7.Sales after 1:00 a.m.; permit fee. (a) No licensee may sell intoxicating liquor 
307.6 	or 3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the 
307.7 	licensee has obtained a permit from the commissioner. Application for the permit must be 
307.8 	on a form the commissioner prescribes. Permits are effective for one year from date of 
307.9 	issuance. For retailers of intoxicating liquor, the fee for the permit is based on the licensee's 
307.10 	gross receipts from on-sales of alcoholic beverages in the 12 months prior to the month in 
307.11 	which the permit is issued, and is at the following rates:
307.12 	(1) up to $100,000 in gross receipts, $300;
307.13 	(2) over $100,000 but not over $500,000 in gross receipts, $750; and
307.14 	(3) over $500,000 in gross receipts, $1,000.
307.15 	For a licensed retailer of intoxicating liquor who did not sell intoxicating liquor at on-sale 
307.16 	for a full 12 months prior to the month in which the permit is issued, the fee is $200. For a 
307.17 	retailer of 3.2 percent malt liquor, the fee is $200.
307.18 	(b) The commissioner shall deposit all permit fees received under this subdivision in 
307.19 	the alcohol enforcement account in the special revenue general fund.
307.20 	(c) Notwithstanding any law to the contrary, the commissioner of revenue may furnish 
307.21 	to the commissioner the information necessary to administer and enforce this subdivision.

307.22 	Sec. 23. Minnesota Statutes 2020, section 403.11, subdivision 1, is amended to read:
307.23 		Subdivision 1.Emergency telecommunications service fee; account. (a) Each customer 
307.24 	of a wireless or wire-line switched or packet-based telecommunications service provider 
307.25 	connected to the public switched telephone network that furnishes service capable of 
307.26 	originating a 911 emergency telephone call is assessed a fee based upon the number of 
307.27 	wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing 
307.28 	maintenance and related improvements for trunking and central office switching equipment 
307.29 	for 911 emergency telecommunications service, to offset administrative and staffing costs 
307.30 	of the commissioner related to managing the 911 emergency telecommunications service 
307.31 	program, to make distributions provided for in section 403.113, and to offset the costs, 
308.1 	including administrative and staffing costs, incurred by the State Patrol Division of the 
308.2 	Department of Public Safety in handling 911 emergency calls made from wireless phones.
308.3 	(b) Money remaining in the 911 emergency telecommunications service account after 
308.4 	all other obligations are paid must not cancel and is carried forward to subsequent years 
308.5 	and may be appropriated from time to time to the commissioner to provide financial 
308.6 	assistance to counties for the improvement of local emergency telecommunications services.
308.7 	(c) The fee may not be less than eight cents nor more than 65 cents a month until June 
308.8 	30, 2008, not less than eight cents nor more than 75 cents a month until June 30, 2009, not 
308.9 	less than eight cents nor more than 85 cents a month until June 30, 2010, and not less than 
308.10 	eight cents nor more than 95 cents a month on or after July 1, 2010, for each customer access 
308.11 	line or other basic access service, including trunk equivalents as designated by the Public 
308.12 	Utilities Commission for access charge purposes and including wireless telecommunications 
308.13 	services. With the approval of the commissioner of management and budget, the 
308.14 	commissioner of public safety shall establish the amount of the fee within the limits specified 
308.15 	and inform the companies and carriers of the amount to be collected. When the revenue 
308.16 	bonds authorized under section 403.27, subdivision 1, have been fully paid or defeased, the 
308.17 	commissioner shall reduce the fee to reflect that debt service on the bonds is no longer 
308.18 	needed. The commissioner shall provide companies and carriers a minimum of 45 days' 
308.19 	notice of each fee change. The fee must be the same for all customers, except that the fee 
308.20 	imposed under this subdivision does not apply to prepaid wireless telecommunications 
308.21 	service, which is instead subject to the fee imposed under section 403.161, subdivision 1, 
308.22 	paragraph (a).
308.23 	(d) The fee must be collected by each wireless or wire-line telecommunications service 
308.24 	provider subject to the fee. Fees are payable to and must be submitted to the commissioner 
308.25 	monthly before the 25th of each month following the month of collection, except that fees 
308.26 	may be submitted quarterly if less than $250 a month is due, or annually if less than $25 a 
308.27 	month is due. Receipts must be deposited in the state treasury and credited to a 911 
308.28 	emergency telecommunications service account in the special revenue fund. The money in 
308.29 	the account may only be used for 911 telecommunications services.
308.30 	(e) Competitive local exchanges carriers holding certificates of authority from the Public 
308.31 	Utilities Commission are eligible to receive payment for recurring 911 services.

309.1 	Sec. 24. [604A.06] AID TO SEXUAL ASSAULT VICTIMS.
309.2 		Subdivision 1.Person seeking assistance; immunity from prosecution. (a) A person 
309.3 	acting in good faith who contacts a 911 operator or first responder to report that a sexual 
309.4 	assault victim is in need of assistance may not be charged or prosecuted for:
309.5 	(1) the possession, sharing, or use of a controlled substance under section 152.025, or 
309.6 	possession of drug paraphernalia; and
309.7 	(2) if the person is under the age of 21 years, the possession, purchase, or consumption 
309.8 	of alcoholic beverages under section 340A.503.
309.9 	(b) A person qualifies for the immunities provided in this subdivision only if:
309.10 	(1) the evidence for the charge or prosecution was obtained as a result of the person's 
309.11 	seeking assistance for a sexual assault victim; and
309.12 	(2) the person seeks assistance for a sexual assault victim who is in need of assistance 
309.13 	for an immediate health or safety concern, provided that the person who seeks the assistance 
309.14 	is the first person to seek the assistance, provides a name and contact information, and 
309.15 	remains on the scene until assistance arrives or is provided.
309.16 	(c) This subdivision applies to one or two persons acting in concert with the person 
309.17 	initiating contact provided all the requirements of paragraphs (a) and (b) are met.
309.18 		Subd. 2.Person experiencing sexual assault; immunity from prosecution. (a) A 
309.19 	sexual assault victim who is in need of assistance may not be charged or prosecuted for:
309.20 	(1) the possession, sharing, or use of a controlled substance under section 152.025, or 
309.21 	possession of drug paraphernalia; and
309.22 	(2) if the victim is under the age of 21 years, the possession, purchase, or consumption 
309.23 	of alcoholic beverages under section 340A.503.
309.24 	(b) A victim qualifies for the immunities provided in this subdivision only if the evidence 
309.25 	for the charge or prosecution was obtained as a result of the request for assistance related 
309.26 	to the sexual assault.
309.27 		Subd. 3.Persons on probation or release.  A person's pretrial release, probation, 
309.28 	furlough, supervised release, or parole shall not be revoked based on an incident for which 
309.29 	the person would be immune from prosecution under subdivision 1 or 2.
309.30 		Subd. 4.Effect on other criminal prosecutions. (a) The act of providing assistance to 
309.31 	a sexual assault victim may be used as a mitigating factor in a criminal prosecution for 
309.32 	which immunity is not provided.
310.1 	(b) Nothing in this section shall:
310.2 	(1) be construed to bar the admissibility of any evidence obtained in connection with 
310.3 	the investigation and prosecution of other crimes or violations committed by a person who 
310.4 	otherwise qualifies for limited immunity under this section;
310.5 	(2) preclude prosecution of a person on the basis of evidence obtained from an 
310.6 	independent source;
310.7 	(3) be construed to limit, modify, or remove any immunity from liability currently 
310.8 	available to public entities, public employees by law, or prosecutors; or
310.9 	(4) prevent probation officers from conducting drug or alcohol testing of persons on 
310.10 	pretrial release, probation, furlough, supervised release, or parole.

310.11 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to actions 
310.12 	arising from incidents occurring on or after that date.

310.13 	Sec. 25. Minnesota Statutes 2020, section 609.3459, is amended to read:
310.14 	609.3459 LAW ENFORCEMENT; REPORTS OF SEXUAL ASSAULTS.
310.15 	(a) A victim of any violation of sections 609.342 to 609.3453 may initiate a law 
310.16 	enforcement investigation by contacting any law enforcement agency, regardless of where 
310.17 	the crime may have occurred. The agency must prepare a summary of the allegation and 
310.18 	provide the person with a copy of it. The agency must begin an investigation of the facts, 
310.19 	or, if the suspected crime was committed in a different jurisdiction, refer the matter along 
310.20 	with the summary to the law enforcement agency where the suspected crime was committed 
310.21 	for an investigation of the facts. If the agency learns that both the victim and the accused 
310.22 	are members of the Minnesota National Guard, the agency receiving the report must refer 
310.23 	the matter along with the summary to the Bureau of Criminal Apprehension for investigation 
310.24 	pursuant to section 299C.80.
310.25 	(b) If a law enforcement agency refers the matter to the law enforcement agency where 
310.26 	the crime was committed, it need not include the allegation as a crime committed in its 
310.27 	jurisdiction for purposes of information that the agency is required to provide to the 
310.28 	commissioner of public safety pursuant to section 299C.06, but must confirm that the other 
310.29 	law enforcement agency has received the referral.

310.30 	Sec. 26. Minnesota Statutes 2020, section 626.843, subdivision 1, is amended to read:
310.31 		Subdivision 1.Rules required. (a) The board shall adopt rules with respect to:
311.1 	(1) the certification of postsecondary schools to provide programs of professional peace 
311.2 	officer education;
311.3 	(2) minimum courses of study and equipment and facilities to be required at each certified 
311.4 	school within the state;
311.5 	(3) minimum qualifications for coordinators and instructors at certified schools offering 
311.6 	a program of professional peace officer education located within this state;
311.7 	(4) minimum standards of physical, mental, and educational fitness which shall govern 
311.8 	the admission to professional peace officer education programs and the licensing of peace 
311.9 	officers within the state, by any state, county, municipality, or joint or contractual 
311.10 	combination thereof, including members of the Minnesota State Patrol;
311.11 	(5) board-approved continuing education courses that ensure professional competence 
311.12 	of peace officers and part-time peace officers;
311.13 	(6) minimum standards of conduct which would affect the individual's performance of 
311.14 	duties as a peace officer. These standards shall be established and published. The board 
311.15 	shall review the minimum standards of conduct described in this clause for possible 
311.16 	modification in 1998 and every three years after that time;
311.17 	(7) a set of educational learning objectives that must be met within a certified school's 
311.18 	professional peace officer education program. These learning objectives must concentrate 
311.19 	on the knowledge, skills, and abilities deemed essential for a peace officer. Education in 
311.20 	these learning objectives shall be deemed satisfactory for the completion of the minimum 
311.21 	basic training requirement;
311.22 	(8) the establishment and use by any political subdivision or state law enforcement 
311.23 	agency that employs persons licensed by the board of procedures for investigation and 
311.24 	resolution of allegations of misconduct by persons licensed by the board. The procedures 
311.25 	shall be in writing and shall be established on or before October 1, 1984;
311.26 	(9) the issues that must be considered by each political subdivision and state law 
311.27 	enforcement agency that employs persons licensed by the board in establishing procedures 
311.28 	under section 626.5532 to govern the conduct of peace officers who are in pursuit of a 
311.29 	vehicle being operated in violation of section 609.487, and requirements for the training of 
311.30 	peace officers in conducting pursuits. The adoption of specific procedures and requirements 
311.31 	is within the authority of the political subdivision or agency;
312.1 	(10) supervision of part-time peace officers and requirements for documentation of hours 
312.2 	worked by a part-time peace officer who is on active duty. These rules shall be adopted by 
312.3 	December 31, 1993;
312.4 	(11) citizenship requirements for peace officers and part-time peace officers;
312.5 	(12) driver's license requirements for peace officers and part-time peace officers; and
312.6 	(13) such other matters as may be necessary consistent with sections 626.84 to 626.863. 
312.7 	Rules promulgated by the attorney general with respect to these matters may be continued 
312.8 	in force by resolution of the board if the board finds the rules to be consistent with sections 
312.9 	626.84 to 626.863.
312.10 	(b) In adopting and enforcing the rules described under paragraph (a), the board shall 
312.11 	prioritize the goal of promoting public safety. Promoting public safety includes the promotion 
312.12 	of human rights. "Public safety" means reducing or preventing crime while maintaining the 
312.13 	basic rights, freedoms, and privileges that belong to every person including the right to 
312.14 	dignity, fairness, equality, respect, and freedom from discrimination, and is achieved by 
312.15 	engaging in practices that include promoting community cohesion, employing meaningful 
312.16 	problem-solving strategies, and utilizing the least restrictive sanctions or interventions 
312.17 	necessary to reduce or repair harm, ensure victim safety, and ensure accountability for 
312.18 	offending.

312.19 	Sec. 27. Minnesota Statutes 2020, section 628.26, is amended to read:
312.20 	628.26 LIMITATIONS.
312.21 	(a) Indictments or complaints for any crime resulting in the death of the victim may be 
312.22 	found or made at any time after the death of the person killed.
312.23 	(b) Indictments or complaints for a violation of section 609.25 may be found or made 
312.24 	at any time after the commission of the offense.
312.25 	(c) Indictments or complaints for violation of section 609.282 may be found or made at 
312.26 	any time after the commission of the offense if the victim was under the age of 18 at the 
312.27 	time of the offense.
312.28 	(d) Indictments or complaints for violation of section 609.282 where the victim was 18 
312.29 	years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2), 
312.30 	shall be found or made and filed in the proper court within six years after the commission 
312.31 	of the offense.
313.1 	(e) Indictments or complaints for violation of sections 609.322 and 609.342 to 609.345, 
313.2 	if the victim was under the age of 18 years at the time the offense was committed, shall may
313.3 	be found or made and filed in the proper court within the later of nine years after the 
313.4 	commission of the offense or three years after the offense was reported to law enforcement 
313.5 	authorities at any time after the commission of the offense.
313.6 	(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for 
313.7 	violation of sections 609.322 and 609.342 to 609.344 may be found or made and filed in 
313.8 	the proper court at any time after commission of the offense, if physical evidence is collected 
313.9 	and preserved that is capable of being tested for its DNA characteristics. If this evidence is 
313.10 	not collected and preserved and the victim was 18 years old or older at the time of the 
313.11 	offense, the prosecution must be commenced within nine years after the commission of the 
313.12 	offense.
313.13 	(g) (f) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision 
313.14 	2, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court 
313.15 	within six years after the commission of the offense.
313.16 	(h) (g) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 
313.17 	2, paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where 
313.18 	the value of the property or services stolen is more than $35,000, or for violation of section 
313.19 	609.527 where the offense involves eight or more direct victims or the total combined loss 
313.20 	to the direct and indirect victims is more than $35,000, shall be found or made and filed in 
313.21 	the proper court within five years after the commission of the offense.
313.22 	(i) (h) Except for violations relating to false material statements, representations or 
313.23 	omissions, indictments or complaints for violations of section 609.671 shall be found or 
313.24 	made and filed in the proper court within five years after the commission of the offense.
313.25 	(j) (i) Indictments or complaints for violation of sections 609.561 to 609.563, shall be 
313.26 	found or made and filed in the proper court within five years after the commission of the 
313.27 	offense.
313.28 	(k) (j) In all other cases, indictments or complaints shall be found or made and filed in 
313.29 	the proper court within three years after the commission of the offense.
313.30 	(l) (k) The limitations periods contained in this section shall exclude any period of time 
313.31 	during which the defendant was not an inhabitant of or usually resident within this state.
314.1 	(m) (l) The limitations periods contained in this section for an offense shall not include 
314.2 	any period during which the alleged offender participated under a written agreement in a 
314.3 	pretrial diversion program relating to that offense.
314.4 	(n) (m) The limitations periods contained in this section shall not include any period of 
314.5 	time during which physical evidence relating to the offense was undergoing DNA analysis, 
314.6 	as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or 
314.7 	law enforcement agency purposefully delayed the DNA analysis process in order to gain 
314.8 	an unfair advantage.

314.9 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to violations 
314.10 	committed on or after that date and to crimes committed before that date if the limitations 
314.11 	period for the crime did not expire before August 1, 2021.

314.12 	Sec. 28. Laws 2016, chapter 189, article 4, section 7, is amended to read:

314.13	Sec. 7. PUBLIC SAFETY
 	$
	-0-
	$
	6,100,000

314.14	Appropriations by Fund
	
314.15	General
	-0-
	1,600,000
	
314.16	Trunk Highway
	-0-
	4,500,000
	
314.17 	The amounts that may be spent for each 
314.18 	purpose are specified in the following 
314.19 	paragraphs.
314.20 	(a) DNA Laboratory
314.21 	$630,000 is for the Bureau of Criminal 
314.22 	Apprehension DNA laboratory, including the 
314.23 	addition of six forensic scientists. The base 
314.24 	for this activity is $1,000,000 in each of the 
314.25 	fiscal years 2018 and 2019 for eight forensic 
314.26 	scientists.
314.27 	(b) Children In Need of Services or in 
314.28 	Out-Of-Home Placement
314.29 	$150,000 is for a grant to an organization that 
314.30 	provides legal representation to children in 
314.31 	need of protection or services and children in 
314.32 	out-of-home placement. The grant is 
315.1 	contingent upon a match in an equal amount 
315.2 	from nonstate funds. The match may be in 
315.3 	kind, including the value of volunteer attorney 
315.4 	time, or in cash, or in a combination of the 
315.5 	two.
315.6 	(c) Sex Trafficking
315.7 	$820,000 is for grants to state and local units 
315.8 	of government for the following purposes:
315.9 	(1) to support new or existing 
315.10 	multijurisdictional entities to investigate sex 
315.11 	trafficking crimes; and
315.12 	(2) to provide technical assistance for sex 
315.13 	trafficking crimes, including training and case 
315.14 	consultation, to law enforcement agencies 
315.15 	statewide.
315.16 	(d) State Patrol
315.17 	$4,500,000 is from the trunk highway fund to 
315.18 	recruit, hire, train, and equip a State Patrol 
315.19 	Academy. This amount is added to the 
315.20 	appropriation in Laws 2015, chapter 75, article 
315.21 	1, section 5, subdivision 3. The base 
315.22 	appropriation from the trunk highway fund 
315.23 	for patrolling highways in each of fiscal years 
315.24 	2018 and 2019 is $87,492,000, which includes 
315.25 	$4,500,000 each year for a State Patrol 
315.26 	Academy.

315.27 	Sec. 29. Laws 2017, chapter 95, article 1, section 11, subdivision 7, is amended to read:

315.28	Subd. 7.Office of Justice Programs
 		39,580,000
		40,036,000

315.29	Appropriations by Fund
	
315.30	General
	39,484,000
	39,940,000
	
315.31
315.32	State Government 
Special Revenue
	96,000
	96,000

315.33	(a) OJP Administration Costs
					
316.1 	Up to 2.5 percent of the grant funds 
316.2 	appropriated in this subdivision may be used 
316.3 	by the commissioner to administer the grant 
316.4 	program.

316.5	(b) Combating Terrorism Recruitment
					
316.6 	$250,000 each year is for grants to local law 
316.7 	enforcement agencies to develop strategies 
316.8 	and make efforts to combat the recruitment of 
316.9 	Minnesota residents by terrorist organizations 
316.10 	such as ISIS and al-Shabaab. This is a onetime 
316.11 	appropriation.

316.12	(c) Sex Trafficking Prevention Grants
					
316.13 	$180,000 each year is for grants to state and 
316.14 	local units of government for the following 
316.15 	purposes:
316.16 	(1) to support new or existing 
316.17 	multijurisdictional entities to investigate sex 
316.18 	trafficking crimes; and
316.19 	(2) to provide technical assistance, including 
316.20 	training and case consultation, to law 
316.21 	enforcement agencies statewide.

316.22	(d) Pathway to Policing Reimbursement Grants
					
316.23 	$400,000 the second year is for reimbursement 
316.24 	grants to local units of government that operate 
316.25 	pathway to policing programs intended to 
316.26 	bring persons with nontraditional backgrounds 
316.27 	into law enforcement. Applicants for 
316.28 	reimbursement grants may receive up to 50 
316.29 	percent of the cost of compensating and 
316.30 	training pathway to policing participants. 
316.31 	Reimbursement grants shall be proportionally 
316.32 	allocated based on the number of grant 
316.33 	applications approved by the commissioner.

317.1 	Sec. 30. Laws 2020, Second Special Session chapter 1, section 9, the effective date, is 
317.2 	amended to read:

317.3 	EFFECTIVE DATE. This section is effective March 1 September 1, 2021.

317.4 	EFFECTIVE DATE. This section is effective the day following final enactment and 
317.5 	applies retroactively from March 1, 2021.

317.6 	Sec. 31. Laws 2020, Second Special Session chapter 1, section 10, the effective date, is 
317.7 	amended to read:

317.8 	EFFECTIVE DATE. This section is effective March 1 September 1, 2021.

317.9 	EFFECTIVE DATE. This section is effective the day following final enactment and 
317.10 	applies retroactively from March 1, 2021.

317.11 	Sec. 32. Laws 2020, Seventh Special Session chapter 2, article 2, section 4, is amended 
317.12 	to read:
317.13 	Sec. 4. TRANSFER; ALCOHOL ENFORCEMENT ACCOUNT.
 317.14 	(a) By July 15, 2021, the commissioner of public safety must certify to the commissioner 
317.15 	of management and budget the amount of permit fees waived under section 3, clause (2), 
317.16 	during the period from January 1, 2021, to June 30, 2021, and the commissioner of 
317.17 	management and budget must transfer the certified amount from the general fund to the 
317.18 	alcohol enforcement account in the special revenue fund established under Minnesota 
317.19 	Statutes, section 299A.706.
317.20 	(b) By January 15, 2022, the commissioner of public safety must certify to the 
317.21 	commissioner of management and budget the amount of permit fees waived under section 
317.22 	3, clause (2), during the period from July 1, 2021, to December 31, 2021, and the 
317.23 	commissioner of management and budget must transfer the certified amount from the general 
317.24 	fund to the alcohol enforcement account in the special revenue fund established under 
317.25 	Minnesota Statutes, section 299A.706.

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

317.27 	Sec. 33. SURVIVOR SUPPORT AND PREVENTION GRANTS.
 317.28 		Subdivision 1.Meeting victim needs; grants. The Office of Justice Programs shall 
317.29 	award grants to organizations serving victims of crime to (1) provide direct financial 
318.1 	assistance to victims in order to support their immediate financial needs and mitigate the 
318.2 	impacts of crime, and (2) meet emerging or unmet needs impacting victims of crime.
318.3 		Subd. 2.Eligibility and awards. (a) For grants to organizations to provide direct financial 
318.4 	assistance, the director shall establish the eligibility requirements and mechanisms for 
318.5 	distribution of funds in consultation with Violence Free Minnesota, the Minnesota Coalition 
318.6 	Against Sexual Assault, Minnesota Alliance on Crime, the Minnesota Indian Women Sexual 
318.7 	Assault Coalition, and Sacred Hoop Coalition. Eligibility requirements shall prioritize victim 
318.8 	survivors based on economic need; whether the victim survivor is a member of an 
318.9 	underserved population; whether the person was a victim of sexual assault, domestic violence, 
318.10 	child abuse, or other violent crime; and whether the victim was a juvenile.
318.11 	(b) For grants to meet emerging or unmet needs impacting victims of crime, the director 
318.12 	shall award grants to individuals or organizations who provide direct support to victims, 
318.13 	including but not limited to providing support for immediate and emerging needs for victims 
318.14 	of crime or for domestic abuse transformative justice programs. The director shall prioritize 
318.15 	applicants seeking to establish, maintain, or expand services to underserved populations.
318.16 	(c) Of the amount appropriated for survivor support and prevention grants, at least 30 
318.17 	percent must be awarded to organizations to provide direct financial assistance pursuant to 
318.18 	paragraph (a) and at least 30 percent must be awarded to individuals or organizations 
318.19 	providing support to victims pursuant to paragraph (b).
318.20 		Subd. 3.Report. (a) By January 15 of each odd-numbered year the director shall submit 
318.21 	a report to the legislative committees with jurisdiction over public safety on the survivor 
318.22 	support and prevention grants. At a minimum, the report shall include the following:
318.23 	(1) the number of grants awarded to organizations to provide direct financial assistance 
318.24 	to victims and the total amount awarded to each organization;
318.25 	(2) the average amount of direct financial assistance provided to individual victims by 
318.26 	each organization;
318.27 	(3) summary demographic information of recipients of direct financial assistance, 
318.28 	including the age, sex, and race of the recipients;
318.29 	(4) summary information identifying the crimes committed against the recipients of 
318.30 	direct financial assistance;
318.31 	(5) summary information identifying the counties in which recipients of direct financial 
318.32 	assistance resided at the time they received the assistance;
319.1 	(6) the total number of grants issued to individuals or organizations providing support 
319.2 	for crime victims;
319.3 	(7) the amount of grants issued to individuals or organizations providing support for 
319.4 	crime victims; and
319.5 	(8) the services provided by the grant recipients that provided support for crime victims.
319.6 	(b) If the director enters into an agreement with any other organization for the distribution 
319.7 	of funds, the director shall require that organization to provide the information identified 
319.8 	in paragraph (a).

319.9 	Sec. 34. TASK FORCE ON MISSING AND MURDERED AFRICAN AMERICAN 
319.10 	WOMEN.
 319.11 		Subdivision 1.Creation and duties. (a) The Task Force on Missing and Murdered 
319.12 	African American Women is established to advise the commissioner of public safety and 
319.13 	report to the legislature on recommendations to reduce and end violence against African 
319.14 	American women and girls in Minnesota. The task force may also serve as a liaison between 
319.15 	the commissioner and agencies and nonprofit, nongovernmental organizations that provide 
319.16 	legal, social, or other community services to victims, victims' families, and victims' 
319.17 	communities.
319.18 	(b) The Task Force on Missing and Murdered African American Women must examine 
319.19 	and report on the following:
319.20 	(1) the systemic causes behind violence that African American women and girls 
319.21 	experience, including patterns and underlying factors that explain why disproportionately 
319.22 	high levels of violence occur against African American women and girls, including 
319.23 	underlying historical, social, economic, institutional, and cultural factors which may 
319.24 	contribute to the violence;
319.25 	(2) appropriate methods for tracking and collecting data on violence against African 
319.26 	American women and girls, including data on missing and murdered African American 
319.27 	women and girls;
319.28 	(3) policies and institutions such as policing, child welfare, coroner practices, and other 
319.29 	governmental practices that impact violence against African American women and girls 
319.30 	and the investigation and prosecution of crimes of gender violence against African American 
319.31 	people;
320.1 	(4) measures necessary to address and reduce violence against African American women 
320.2 	and girls; and
320.3 	(5) measures to help victims, victims' families, and victims' communities prevent and 
320.4 	heal from violence that occurs against African American women and girls.
320.5 	(c) At its discretion, the task force may examine other related issues consistent with this 
320.6 	section as necessary.
320.7 		Subd. 2.Membership. (a) To the extent practicable, the Task Force on Missing and 
320.8 	Murdered African American Women shall consist of the following individuals, or their 
320.9 	designees, who are knowledgeable in crime victims' rights or violence protection and, unless 
320.10 	otherwise specified, members shall be appointed by the commissioner of public safety:
320.11 	(1) two members of the senate, one appointed by the majority leader and one appointed 
320.12 	by the minority leader;
320.13 	(2) two members of the house of representatives, one appointed by the speaker of the 
320.14 	house and one appointed by the minority leader;
320.15 	(3) two representatives from among the following:
320.16 	(i) the Minnesota Chiefs of Police Association;
320.17 	(ii) the Minnesota Sheriffs' Association;
320.18 	(iii) the Bureau of Criminal Apprehension; or
320.19 	(iv) the Minnesota Police and Peace Officers Association;
320.20 	(4) one or more representatives from among the following:
320.21 	(i) the Minnesota County Attorneys Association;
320.22 	(ii) the United States Attorney's Office; or
320.23 	(iii) a judge or attorney working in juvenile court;
320.24 	(5) a county coroner or a representative from a statewide coroner's association or a 
320.25 	representative of the Department of Health; and
320.26 	(6) three or more representatives from among the following:
320.27 	(i) a statewide or local organization that provides legal services to African American 
320.28 	women and girls;
320.29 	(ii) a statewide or local organization that provides advocacy or counseling for African 
320.30 	American women and girls who have been victims of violence;
321.1 	(iii) a statewide or local organization that provides services to African American women 
321.2 	and girls; or
321.3 	(iv) an African American woman who is a survivor of gender violence.
321.4 	(b) In making appointments under paragraph (a), the commissioner of public safety shall 
321.5 	consult with the Council for Minnesotans of African Heritage.
321.6 	(c) Appointments to the task force must be made by September 1, 2021.
321.7 	(d) Members are eligible for compensation and expense reimbursement consistent with 
321.8 	Minnesota Statutes, section 15.059, subdivision 3.
321.9 	(e) Members of the task force serve at the pleasure of the appointing authority or until 
321.10 	the task force expires. Vacancies in commissioner-appointed positions shall be filled by the 
321.11 	commissioner consistent with the qualifications of the vacating member required by this 
321.12 	subdivision.
321.13 		Subd. 3.Officers; meetings. (a) The task force shall elect a chair and vice-chair and 
321.14 	may elect other officers as necessary.
321.15 	(b) The commissioner of public safety shall convene the first meeting of the task force 
321.16 	no later than October 1, 2021, and shall provide meeting space and administrative assistance 
321.17 	as necessary for the task force to conduct its work.
321.18 	(c) The task force shall meet at least quarterly, or upon the call of its chair, and may 
321.19 	hold meetings throughout the state. The task force shall meet sufficiently enough to 
321.20 	accomplish the tasks identified in this section. Meetings of the task force are subject to 
321.21 	Minnesota Statutes, chapter 13D.
321.22 	(d) To accomplish its duties, the task force shall seek out and enlist the cooperation and 
321.23 	assistance of nonprofit, nongovernmental organizations that provide legal, social, or other 
321.24 	community services to victims, victims' families, and victims' communities; community 
321.25 	and advocacy organizations working with the African American community; and academic 
321.26 	researchers and experts, specifically those specializing in violence against African American 
321.27 	women and girls, those representing diverse communities disproportionately affected by 
321.28 	violence against women and girls, or those focusing on issues related to gender violence 
321.29 	and violence against African American women and girls. Meetings of the task force may 
321.30 	include reports from, or information provided by, those individuals or groups.
321.31 		Subd. 4.Report. On or before December 15, 2022, the task force shall report to the 
321.32 	chairs and ranking minority members of the legislative committees with jurisdiction over 
321.33 	public safety, human services, and state government on the work of the task force. The 
322.1 	report must contain the task force's findings and recommendations and shall include 
322.2 	institutional policies and practices, or proposed institutional policies and practices, that are 
322.3 	effective in reducing gender violence and increasing the safety of African American women 
322.4 	and girls; recommendations for appropriate tracking and collecting of data on violence 
322.5 	against African American women and girls; and recommendations for legislative action to 
322.6 	reduce and end violence against African American women and girls and help victims and 
322.7 	communities heal from gender violence and violence against African American women and 
322.8 	girls.
322.9 		Subd. 5.Expiration.  The task force expires upon submission of the report required 
322.10 	under subdivision 4.

322.11 	Sec. 35. STUDY ON LIABILITY INSURANCE FOR PEACE OFFICERS.
 322.12 	(a) The commissioner of public safety shall issue a grant to an organization with 
322.13 	experience in studying issues related to community safety and criminal justice for a study 
322.14 	on the effects of requiring peace officers to carry liability insurance to pay for any valid 
322.15 	claim based upon an act or omission of a licensed peace officer during paid on-duty time 
322.16 	or paid off-duty work approved by the employing agency.
322.17 	(b) At a minimum, the study shall analyze:
322.18 	(1) the availability of liability insurance for peace officers;
322.19 	(2) the cost of premiums for liability insurance to cover individual peace officers;
322.20 	(3) the terms of relevant policies of liability insurance, including the amount of any 
322.21 	deductible and applicable exclusions;
322.22 	(4) what activities, if any, should be covered by liability insurance, including whether 
322.23 	the negligent operation of a motor vehicle should be subject to a liability insurance 
322.24 	requirement;
322.25 	(5) whether the employer of the peace officer, the insurance company, or both would 
322.26 	have a duty to defend the officer;
322.27 	(6) whether limits should be placed on the subrogation rights of an employer, insurer, 
322.28 	or both;
322.29 	(7) whether limits should be placed on the subrogation rights of an insurer for claims 
322.30 	involving joint and several liability with a peace officer insured by a separate insurer;
322.31 	(8) whether statutory direction is necessary to establish priorities of coverage if multiple 
322.32 	policies apply;
323.1 	(9) what impact, if any, the existence of a requirement that peace officers carry liability 
323.2 	insurance would be expected to have on claims against peace officers;
323.3 	(10) the cost to employers, if any, if there was a requirement that peace officers carry 
323.4 	liability insurance; and
323.5 	(11) the expected impact on public safety, if any, if there was a requirement that peace 
323.6 	officers carry liability insurance.
323.7 	(c) By January 15, 2023, the grant recipient shall provide a report to the commissioner 
323.8 	of public safety. By February 1, 2023, the commissioner shall forward the report to the 
323.9 	chairs and ranking members of the legislative committees with primary jurisdiction over 
323.10 	public safety.
323.11 	(d) As used in this section, "peace officer" has the meaning given in Minnesota Statutes, 
323.12 	section 626.84, subdivision 1, paragraph (c).

323.13 	ARTICLE 16
323.14 	CHILD PROTECTION BACKGROUND CHECKS

323.15 	Section 1. Minnesota Statutes 2020, section 299C.60, is amended to read:
323.16 	299C.60 CITATION.
323.17 	Sections 299C.60 to 299C.64 may be cited as the "Minnesota Child, Elder, and 
323.18 	Individuals with Disabilities Protection Background Check Act."

323.19 	Sec. 2. Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to 
323.20 	read:
323.21 		Subd. 1a.Authorized agency. "Authorized agency" means the licensing agency or, if 
323.22 	one does not exist, the Bureau of Criminal Apprehension. Licensing agencies include but 
323.23 	are not limited to the:
323.24 	(1) Department of Human Services;
323.25 	(2) Department of Health; and
323.26 	(3) Professional Educator Licensing and Standards Board.

323.27 	Sec. 3. Minnesota Statutes 2020, section 299C.61, subdivision 2, is amended to read:
323.28 		Subd. 2.Background check crime. "Background check crime" includes child abuse 
323.29 	crimes, murder, manslaughter, felony level assault or any assault crime committed against 
324.1 	a minor or vulnerable adult, kidnapping, arson, criminal sexual conduct, and 
324.2 	prostitution-related crimes.

324.3 	Sec. 4. Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to 
324.4 	read:
324.5 		Subd. 2a.Care. "Care" means the provision of care, treatment, education, training, 
324.6 	instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.

324.7 	Sec. 5. Minnesota Statutes 2020, section 299C.61, subdivision 4, is amended to read:
324.8 		Subd. 4.Child abuse crime. "Child abuse crime" means:
324.9 	(1) an act committed against a minor victim that constitutes a violation of section 609.185, 
324.10 	paragraph (a), clause (5); 609.221; 609.222; 609.223; 609.224; 609.2242; 609.322; 609.324; 
324.11 	609.342; 609.343; 609.344; 609.345; 609.352; 609.377; or609.378; or 617.247; or
324.12 	(2) a violation of section 152.021, subdivision 1, clause (4); 152.022, subdivision 1, 
324.13 	clause (5) or (6); 152.023, subdivision 1, clause (3) or (4); 152.023, subdivision 2, clause 
324.14 	(4) or (6); or 152.024, subdivision 1, clause (2), (3), or (4).

324.15 	Sec. 6. Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to 
324.16 	read:
324.17 		Subd. 8b.Covered individual. "Covered individual" means an individual:
324.18 	(1) who has, seeks to have, or may have access to children, the elderly, or individuals 
324.19 	with disabilities, served by a qualified entity; and
324.20 	(2) who:
324.21 	(i) is employed by or volunteers with, or seeks to be employed by or volunteer with, a 
324.22 	qualified entity; or
324.23 	(ii) owns or operates, or seeks to own or operate, a qualified entity.

324.24 	Sec. 7. Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to 
324.25 	read:
324.26 		Subd. 8c.Individuals with disabilities. "Individuals with disabilities" means persons 
324.27 	with a mental or physical impairment who require assistance to perform one or more daily 
324.28 	living tasks.

325.1 	Sec. 8. Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to 
325.2 	read:
325.3 		Subd. 8d.National criminal history background check system. "National criminal 
325.4 	history background check system" means the criminal history record system maintained by 
325.5 	the Federal Bureau of Investigation based on fingerprint identification or any other method 
325.6 	of positive identification.

325.7 	Sec. 9. Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to 
325.8 	read:
325.9 		Subd. 8e.Qualified entity. "Qualified entity" means a business or organization, whether 
325.10 	public, private, for-profit, not-for-profit, or voluntary, that provides care or care placement 
325.11 	services, including a business or organization that licenses or certifies others to provide care 
325.12 	or care placement services.

325.13 	Sec. 10. Minnesota Statutes 2020, section 299C.62, subdivision 1, is amended to read:
325.14 		Subdivision 1.Generally. The superintendent shall develop procedures in accordance 
325.15 	with United States Code, title 34, section 40102, to enable a children's service provider
325.16 	qualified entity to request a background check to determine whether a children's service 
325.17 	worker covered worker is the subject of any reported conviction for a background check 
325.18 	crime. The superintendent shall perform the background check by retrieving and reviewing 
325.19 	data on background check crimes. The superintendent is authorized to exchange fingerprints 
325.20 	with the Federal Bureau of Investigation for purposes of a criminal history the background
325.21 	check. The superintendent shall recover the cost of a background check through a fee charged 
325.22 	the children's service provider to the qualified entity and make reasonable efforts to respond 
325.23 	to the inquiry within 15 business days.

325.24 	Sec. 11. Minnesota Statutes 2020, section 299C.62, subdivision 2, is amended to read:
325.25 		Subd. 2.Background check; requirements. (a) The superintendent may not perform 
325.26 	a background check under this section unless the children's service provider submits a 
325.27 	written document, signed by the children's service worker on whom the background check 
325.28 	is to be performed, containing the following:
325.29 	(1) a question asking whether the children's service worker has ever been convicted of 
325.30 	a background check crime and if so, requiring a description of the crime and the particulars 
325.31 	of the conviction;
326.1 	(2) a notification to the children's service worker that the children's service provider will 
326.2 	request the superintendent to perform a background check under this section; and
326.3 	(3) a notification to the children's service worker of the children's service worker's rights 
326.4 	under subdivision 3.
326.5 	(b) Background checks performed under this section may only be requested by and 
326.6 	provided to authorized representatives of a children's service provider who have a need to 
326.7 	know the information and may be used only for the purposes of sections 299C.60 to 299C.64. 
326.8 	Background checks may be performed pursuant to this section not later than one year after 
326.9 	the document is submitted under this section.
326.10 	The superintendent may not perform a background check of a covered individual under 
326.11 	this section unless the covered individual:
326.12 	(1) completes and signs a statement that:
326.13 	(i) contains the name, address, and date of birth appearing on a valid identification 
326.14 	document, as defined in United States Code, title 18, section 1028, of the covered individual;
326.15 	(ii) the covered individual has not been convicted of a crime and, if the covered individual 
326.16 	has been convicted of a crime, contains a description of the crime and the particulars of the 
326.17 	conviction;
326.18 	(iii) notifies the covered individual that the entity may request a background check under 
326.19 	subdivision 1;
326.20 	(iv) notifies the covered individual of the covered individual's rights under subdivision 
326.21 	3; and
326.22 	(v) notifies the covered individual that prior to the completion of the background check 
326.23 	the qualified entity may choose to deny the covered individual access to a person to whom 
326.24 	the qualified entity provides care; and
326.25 	(2) if requesting a national criminal history background check, provides a set of 
326.26 	fingerprints.

326.27 	Sec. 12. Minnesota Statutes 2020, section 299C.62, subdivision 3, is amended to read:
326.28 		Subd. 3.Children's service worker Covered individuals rights. (a) The children's 
326.29 	service provider shall notify the children's service worker of the children's service worker's 
326.30 	rights under paragraph (b).
327.1 	(b) A children's service worker who is the subject of a background check request has 
327.2 	the following rights:
327.3 	(1) the right to be informed that a children's service provider will request a background 
327.4 	check on the children's service worker:
327.5 	(i) for purposes of the children's service worker's application to be employed by, volunteer 
327.6 	with, be an independent contractor for, or be an owner of a children's service provider or 
327.7 	for purposes of continuing as an employee, volunteer, independent contractor, or owner; 
327.8 	and
327.9 	(ii) to determine whether the children's service worker has been convicted of any crime 
327.10 	specified in section 299C.61, subdivision 2 or 4;
327.11 	(2) the right to be informed by the children's service provider of the superintendent's 
327.12 	response to the background check and to obtain from the children's service provider a copy 
327.13 	of the background check report;
327.14 	(3) the right to obtain from the superintendent any record that forms the basis for the 
327.15 	report;
327.16 	(4) the right to challenge the accuracy and completeness of any information contained 
327.17 	in the report or record pursuant to section 13.04, subdivision 4;
327.18 	(5) the right to be informed by the children's service provider if the children's service 
327.19 	worker's application to be employed with, volunteer with, be an independent contractor for, 
327.20 	or be an owner of a children's service provider, or to continue as an employee, volunteer, 
327.21 	independent contractor, or owner, has been denied because of the superintendent's response; 
327.22 	and
327.23 	(6) the right not to be required directly or indirectly to pay the cost of the background 
327.24 	check.
327.25 	The qualified entity shall notify the covered individual who is subjected to a background 
327.26 	check under subdivision 1 that the individual has the right to:
327.27 	(1) obtain a copy of any background check report;
327.28 	(2) challenge the accuracy or completeness of the information contained in the background 
327.29 	report or record pursuant to section 13.04, subdivision 4, or applicable federal authority; 
327.30 	and
327.31 	(3) be given notice of the opportunity to appeal and instructions on how to complete the 
327.32 	appeals process.

328.1 	Sec. 13. Minnesota Statutes 2020, section 299C.62, subdivision 4, is amended to read:
328.2 		Subd. 4.Response of bureau. The superintendent shall respond to a background check 
328.3 	request within a reasonable time after receiving a request from a qualified entity or the 
328.4 	signed, written document described in subdivision 2. The superintendent shall provide the 
328.5 	children's service provider qualified entity with a copy of the applicant's covered individual's
328.6 	criminal record or a statement that the applicant covered individual is not the subject of a 
328.7 	criminal history record at the bureau. It is the responsibility of the service provider qualified 
328.8 	entity to determine if the applicant covered individual qualifies as an employee, volunteer, 
328.9 	or independent contractor under this section.

328.10 	Sec. 14. Minnesota Statutes 2020, section 299C.62, subdivision 6, is amended to read:
328.11 		Subd. 6.Admissibility of evidence. Evidence or proof that a background check of a 
328.12 	volunteer was not requested under sections 299C.60 to 299C.64 by a children's service 
328.13 	provider qualified entity is not admissible in evidence in any litigation against a nonprofit 
328.14 	or charitable organization.

328.15 	Sec. 15. Minnesota Statutes 2020, section 299C.63, is amended to read:
328.16 	299C.63 EXCEPTION; OTHER LAWS.
328.17 	The superintendent is not required to respond to a background check request concerning 
328.18 	a children's service worker covered individual who, as a condition of occupational licensure 
328.19 	or employment, is subject to the background study requirements imposed by any statute or 
328.20 	rule other than sections 299C.60 to 299C.64. A background check performed on a licensee, 
328.21 	license applicant, or employment applicant under this section does not satisfy the 
328.22 	requirements of any statute or rule other than sections 299C.60 to 299C.64, that provides 
328.23 	for background study of members of an individual's particular occupation.

328.24 	Sec. 16. Minnesota Statutes 2020, section 299C.72, is amended to read:
328.25 	299C.72 MINNESOTA CRIMINAL HISTORY CHECKS.
328.26 		Subdivision 1.Definitions. For purposes of this section, the following terms have the 
328.27 	meanings given.
328.28 	(a) "Applicant for employment" means an individual who seeks either county or city 
328.29 	employment or has applied to serve as a volunteer in the county or city.
328.30 	(b) "Applicant for licensure" means the individual seeks a license issued by the county 
328.31 	or city which is not subject to a federal- or state-mandated background check.
329.1 	(c) "Authorized law enforcement agency" means the county sheriff for checks conducted 
329.2 	for county purposes, the police department for checks conducted for city purposes, or the 
329.3 	county sheriff for checks conducted for city purposes where there is no police department.
329.4 	(d) "Criminal history check" means retrieval of criminal history data via the secure 
329.5 	network described in section 299C.46.
329.6 	(e) "Criminal history data" means adult convictions and adult open arrests less than one 
329.7 	year old found in the Minnesota computerized criminal history repository.
329.8 	(f) "Current employee" means an individual presently employed by either a county or 
329.9 	city or who presently serves as a volunteer in the county or city.
329.10 	(g) "Current licensee" means an individual who has previously sought and received a 
329.11 	license, which is still presently valid, issued by a county or city.
329.12 	(f) (h) "Informed consent" has the meaning given in section 13.05, subdivision 4, 
329.13 	paragraph (d).
329.14 		Subd. 2.Criminal history check authorized. (a) The criminal history check authorized 
329.15 	by this section shall not be used in place of a statutorily mandated or authorized background 
329.16 	check.
329.17 	(b) An authorized law enforcement agency may conduct a criminal history check of an 
329.18 	individual who is an applicant for employment or, current employee, applicant for licensure, 
329.19 	or current licensee. Prior to conducting the criminal history check, the authorized law 
329.20 	enforcement agency must receive the informed consent of the individual.
329.21 	(c) The authorized law enforcement agency shall not disseminate criminal history data 
329.22 	and must maintain it securely with the agency's office. The authorized law enforcement 
329.23 	agency can indicate whether the applicant for employment or applicant for licensure has a 
329.24 	criminal history that would prevent hire, acceptance as a volunteer to a hiring authority, or 
329.25 	would prevent the issuance of a license to the department that issues the license.

329.26 	ARTICLE 17
329.27 	CRIME VICTIM REIMBURSEMENTS

329.28 	Section 1. Minnesota Statutes 2020, section 611A.51, is amended to read:
329.29 	611A.51 TITLE.
329.30 	Sections 611A.51 to 611A.68 shall be known as the "Minnesota Crime Victims 
329.31 	Reparations Reimbursement Act."

330.1 	Sec. 2. Minnesota Statutes 2020, section 611A.52, subdivision 3, is amended to read:
330.2 		Subd. 3.Board. "Board" means the Crime Victims reparations Reimbursement Board 
330.3 	established by section 611A.55.

330.4 	Sec. 3. Minnesota Statutes 2020, section 611A.52, subdivision 4, is amended to read:
330.5 		Subd. 4.Claimant. "Claimant" means a person entitled to apply for reparations
330.6 	reimbursement pursuant to sections 611A.51 to 611A.68.

330.7 	Sec. 4. Minnesota Statutes 2020, section 611A.52, subdivision 5, is amended to read:
330.8 		Subd. 5.Collateral source. "Collateral source" means a source of benefits or advantages 
330.9 	for economic loss otherwise reparable reimbursable under sections 611A.51 to 611A.68
330.10 	which the victim or claimant has received, or which is readily available to the victim, from:
330.11 	(1) the offender;
330.12 	(2) the government of the United States or any agency thereof, a state or any of its 
330.13 	political subdivisions, or an instrumentality of two or more states, unless the law providing 
330.14 	for the benefits or advantages makes them excess or secondary to benefits under sections 
330.15 	611A.51 to 611A.68;
330.16 	(3) Social Security, Medicare, and Medicaid;
330.17 	(4) state required temporary nonoccupational disability insurance;
330.18 	(5) workers' compensation;
330.19 	(6) wage continuation programs of any employer;
330.20 	(7) proceeds of a contract of insurance payable to the victim for economic loss sustained 
330.21 	because of the crime;
330.22 	(8) a contract providing prepaid hospital and other health care services, or benefits for 
330.23 	disability;
330.24 	(9) any private source as a voluntary donation or gift; or
330.25 	(10) proceeds of a lawsuit brought as a result of the crime.
330.26 	The term does not include a life insurance contract.

331.1 	Sec. 5. Minnesota Statutes 2020, section 611A.53, is amended to read:
331.2 	611A.53 REPARATIONSREIMBURSEMENT AWARDS PROHIBITED.
331.3 		Subdivision 1.Generally. Except as provided in subdivisions 1a and 2, the following 
331.4 	persons shall be entitled to reparations reimbursement upon a showing by a preponderance 
331.5 	of the evidence that the requirements for reparations reimbursement have been met:
331.6 	(1) a victim who has incurred economic loss;
331.7 	(2) a dependent who has incurred economic loss;
331.8 	(3) the estate of a deceased victim if the estate has incurred economic loss;
331.9 	(4) any other person who has incurred economic loss by purchasing any of the products, 
331.10 	services, and accommodations described in section 611A.52, subdivision 8, for a victim;
331.11 	(5) the guardian, guardian ad litem, conservator or authorized agent of any of these 
331.12 	persons.
331.13 		Subd. 1a.Providers; limitations. No hospital, medical organization, health care provider, 
331.14 	or other entity that is not an individual may qualify for reparations under subdivision 1, 
331.15 	clause (4). If a hospital, medical organization, health care provider, or other entity that is 
331.16 	not an individual qualifies for reparations reimbursement under subdivision 1, clause (5), 
331.17 	because it is a guardian, guardian ad litem, conservator, or authorized agent, any reparations
331.18 	reimbursement to which it is entitled must be made payable solely or jointly to the victim, 
331.19 	if alive, or to the victim's estate or successors, if the victim is deceased.
331.20 		Subd. 1b.Minnesota residents injured elsewhere. (a) A Minnesota resident who is 
331.21 	the victim of a crime committed outside the geographical boundaries of this state but who 
331.22 	otherwise meets the requirements of this section shall have the same rights under this chapter 
331.23 	as if the crime had occurred within this state upon a showing that the state, territory, United 
331.24 	States possession, country, or political subdivision of a country in which the crime occurred 
331.25 	does not have a crime victim reparations reimbursement law covering the resident's injury 
331.26 	or death.
331.27 	(b) Notwithstanding paragraph (a), a Minnesota resident who is the victim of a crime 
331.28 	involving international terrorism who otherwise meets the requirements of this section has 
331.29 	the same rights under this chapter as if the crime had occurred within this state regardless 
331.30 	of where the crime occurred or whether the jurisdiction has a crime victims reparations
331.31 	reimbursement law.
332.1 		Subd. 2.Limitations on awards. No reparations reimbursement shall be awarded to a 
332.2 	claimant otherwise eligible if:
332.3 	(1) the crime was not reported to the police within 30 days of its occurrence or, if it 
332.4 	could not reasonably have been reported within that period, within 30 days of the time when 
332.5 	a report could reasonably have been made. A victim of criminal sexual conduct in the first, 
332.6 	second, third, or fourth degree who does not report the crime within 30 days of its occurrence 
332.7 	is deemed to have been unable to have reported it within that period;
332.8 	(2) the victim or claimant failed or refused to cooperate fully with the police and other 
332.9 	law enforcement officials, based on a review of information available from law enforcement, 
332.10 	prosecutors, and other professionals familiar with the case;
332.11 	(3) the victim or claimant was the offender or an accomplice of the offender or an award 
332.12 	to the claimant would unjustly benefit the offender or an accomplice;
332.13 	(4) the victim or claimant was in the act of committing a crime at the time the injury 
332.14 	occurred;
332.15 	(5) no claim was filed with the board within three years of victim's injury or death; except 
332.16 	that (i) if the claimant was unable to file a claim within that period, then the claim can be 
332.17 	made within three years of the time when a claim could have been filed; and (ii) if the 
332.18 	victim's injury or death was not reasonably discoverable within three years of the injury or 
332.19 	death, then the claim can be made within three years of the time when the injury or death 
332.20 	is reasonably discoverable. The following circumstances do not render a claimant unable 
332.21 	to file a claim for the purposes of this clause: (A) lack of knowledge of the existence of the 
332.22 	Minnesota Crime Victims Reparations Reimbursement Act, (B) the failure of a law 
332.23 	enforcement agency to provide information or assistance to a potential claimant under 
332.24 	section 611A.66, (C) the incompetency of the claimant if the claimant's affairs were being 
332.25 	managed during that period by a guardian, guardian ad litem, conservator, authorized agent, 
332.26 	or parent, or (D) the fact that the claimant is not of the age of majority; or
332.27 	(6) the claim is less than $50.
332.28 	The limitations contained in clauses (1) and (6) do not apply to victims of child abuse. 
332.29 	In those cases the three-year limitation period commences running with the report of the 
332.30 	crime to the police.

333.1 	Sec. 6. Minnesota Statutes 2020, section 611A.54, is amended to read:
333.2 	611A.54 AMOUNT OF REPARATIONS REIMBURSEMENT.
333.3 	Reparations Reimbursement shall equal economic loss except that:
333.4 	(1) reparationsreimbursement shall be reduced to the extent that economic loss is 
333.5 	recouped from a collateral source or collateral sources. Where compensation is readily 
333.6 	available to a claimant from a collateral source, the claimant must take reasonable steps to 
333.7 	recoup from the collateral source before claiming reparations reimbursement;
333.8 	(2) reparations reimbursement shall be denied or reduced to the extent, if any, that the 
333.9 	board deems reasonable because of the contributory misconduct of the claimant or of a 
333.10 	victim through whom the claimant claims. Contributory misconduct may not be based on 
333.11 	current or past affiliation with any particular group; and
333.12 	(3) reparations reimbursement paid to all claimants suffering economic loss as the result 
333.13 	of the injury or death of any one victim shall not exceed $50,000.
333.14 	No employer may deny an employee an award of benefits based on the employee's 
333.15 	eligibility or potential eligibility for reparations reimbursement.

333.16 	Sec. 7. Minnesota Statutes 2020, section 611A.55, is amended to read:
333.17 	611A.55 CRIME VICTIMS REPARATIONS REIMBURSEMENT BOARD.
333.18 		Subdivision 1.Creation of board. There is created in the Department of Public Safety, 
333.19 	for budgetary and administrative purposes, the Crime Victims Reparations Reimbursement
333.20 	Board, which shall consist of five members appointed by the commissioner of public safety. 
333.21 	One of the members shall be designated as chair by the commissioner of public safety and 
333.22 	serve as such at the commissioner's pleasure. At least one member shall be a medical or 
333.23 	osteopathic physician licensed to practice in this state, and at least one member shall be a 
333.24 	victim, as defined in section 611A.01.
333.25 		Subd. 2.Membership, terms and compensation. The membership terms, compensation, 
333.26 	removal of members, and filling of vacancies on the board shall be as provided in section 
333.27 	15.0575.
333.28 		Subd. 3.Part-time service. Members of the board shall serve part time.

334.1 	Sec. 8. Minnesota Statutes 2020, section 611A.56, is amended to read:
334.2 	611A.56 POWERS AND DUTIES OF BOARD.
334.3 		Subdivision 1.Duties. In addition to carrying out any duties specified elsewhere in 
334.4 	sections 611A.51 to 611A.68 or in other law, the board shall:
334.5 	(1) provide all claimants with an opportunity for hearing pursuant to chapter 14;
334.6 	(2) adopt rules to implement and administer sections 611A.51 to 611A.68, including 
334.7 	rules governing the method of practice and procedure before the board, prescribing the 
334.8 	manner in which applications for reparations reimbursement shall be made, and providing 
334.9 	for discovery proceedings;
334.10 	(3) publicize widely the availability of reparations reimbursement and the method of 
334.11 	making claims; and
334.12 	(4) prepare and transmit annually to the governor and the commissioner of public safety 
334.13 	a report of its activities including the number of claims awarded, a brief description of the 
334.14 	facts in each case, the amount of reparation reimbursement awarded, and a statistical 
334.15 	summary of claims and awards made and denied.
334.16 		Subd. 2.Powers. In addition to exercising any powers specified elsewhere in sections 
334.17 	611A.51 to 611A.68 or other law, the board upon its own motion or the motion of a claimant 
334.18 	or the attorney general may:
334.19 	(1) issue subpoenas for the appearance of witnesses and the production of books, records, 
334.20 	and other documents;
334.21 	(2) administer oaths and affirmations and cause to be taken affidavits and depositions 
334.22 	within and without this state;
334.23 	(3) take notice of judicially cognizable facts and general, technical, and scientific facts 
334.24 	within their specialized knowledge;
334.25 	(4) order a mental or physical examination of a victim or an autopsy of a deceased victim 
334.26 	provided that notice is given to the person to be examined and that the claimant and the 
334.27 	attorney general receive copies of any resulting report;
334.28 	(5) suspend or postpone the proceedings on a claim if a criminal prosecution arising out 
334.29 	of the incident which is the basis of the claim has been commenced or is imminent;
334.30 	(6) request from prosecuting attorneys and law enforcement officers investigations and 
334.31 	data to enable the board to perform its duties under sections 611A.51 to 611A.68;
335.1 	(7) grant emergency reparations reimbursement pending the final determination of a 
335.2 	claim if it is one with respect to which an award will probably be made and undue hardship 
335.3 	will result to the claimant if immediate payment is not made; and
335.4 	(8) reconsider any decision granting or denying reparations reimbursement or determining 
335.5 	their amount.

335.6 	Sec. 9. Minnesota Statutes 2020, section 611A.57, subdivision 5, is amended to read:
335.7 		Subd. 5.Reconsideration. The claimant may, within 30 days after receiving the decision 
335.8 	of the board, apply for reconsideration before the entire board. Upon request for 
335.9 	reconsideration, the board shall reexamine all information filed by the claimant, including 
335.10 	any new information the claimant provides, and all information obtained by investigation. 
335.11 	The board may also conduct additional examination into the validity of the claim. Upon 
335.12 	reconsideration, the board may affirm, modify, or reverse the prior ruling. A claimant denied 
335.13 	reparations reimbursement upon reconsideration is entitled to a contested case hearing within 
335.14 	the meaning of chapter 14.

335.15 	Sec. 10. Minnesota Statutes 2020, section 611A.57, subdivision 6, is amended to read:
335.16 		Subd. 6.Data. Claims for reparations reimbursement and supporting documents and 
335.17 	reports are investigative data and subject to the provisions of section 13.39 until the claim 
335.18 	is paid, denied, withdrawn, or abandoned. Following the payment, denial, withdrawal, or 
335.19 	abandonment of a claim, the claim and supporting documents and reports are private data 
335.20 	on individuals as defined in section 13.02, subdivision 12; provided that the board may 
335.21 	forward any reparations reimbursement claim forms, supporting documents, and reports to 
335.22 	local law enforcement authorities for purposes of implementing section 611A.67.

335.23 	Sec. 11. Minnesota Statutes 2020, section 611A.60, is amended to read:
335.24 	611A.60 REPARATIONS REIMBURSEMENT; HOW PAID.
335.25 	Reparations Reimbursement may be awarded in a lump sum or in installments in the 
335.26 	discretion of the board. The amount of any emergency award shall be deducted from the 
335.27 	final award, if a lump sum, or prorated over a period of time if the final award is made in 
335.28 	installments. Reparations areReimbursement is exempt from execution or attachment except 
335.29 	by persons who have supplied services, products or accommodations to the victim as a result 
335.30 	of the injury or death which is the basis of the claim. The board, in its discretion may order 
335.31 	that all or part of the reparations reimbursement awarded be paid directly to these suppliers.

336.1 	Sec. 12. Minnesota Statutes 2020, section 611A.61, is amended to read:
336.2 	611A.61 SUBROGATION.
336.3 		Subdivision 1.Subrogation rights of state. The state shall be subrogated, to the extent 
336.4 	of reparations reimbursement awarded, to all the claimant's rights to recover benefits or 
336.5 	advantages for economic loss from a source which is or, if readily available to the victim 
336.6 	or claimant would be, a collateral source. Nothing in this section shall limit the claimant's 
336.7 	right to bring a cause of action to recover for other damages.
336.8 		Subd. 2.Duty of claimant to assist. A claimant who receives reparations reimbursement
336.9 	must agree to assist the state in pursuing any subrogation rights arising out of the claim. 
336.10 	The board may require a claimant to agree to represent the state's subrogation interests if 
336.11 	the claimant brings a cause of action for damages arising out of the crime or occurrence for 
336.12 	which the board has awarded reparations reimbursement. An attorney who represents the 
336.13 	state's subrogation interests pursuant to the client's agreement with the board is entitled to 
336.14 	reasonable attorney's fees not to exceed one-third of the amount recovered on behalf of the 
336.15 	state.

336.16 	Sec. 13. Minnesota Statutes 2020, section 611A.612, is amended to read:
336.17 	611A.612 CRIME VICTIMS ACCOUNT.
336.18 	A crime victim account is established as a special account in the state treasury. Amounts 
336.19 	collected by the state under section 611A.61, paid to the Crime Victims Reparations
336.20 	Reimbursement Board under section 611A.04, subdivision 1a, or amounts deposited by the 
336.21 	court under section 611A.04, subdivision 5, shall be credited to this account. Money credited 
336.22 	to this account is annually appropriated to the Department of Public Safety for use for crime 
336.23 	victim reparations reimbursement under sections 611A.51 to 611A.67.

336.24 	Sec. 14. Minnesota Statutes 2020, section 611A.66, is amended to read:
336.25 	611A.66 LAW ENFORCEMENT AGENCIES; DUTY TO INFORM VICTIMS 
336.26 	OF RIGHT TO FILE CLAIM.
336.27 	All law enforcement agencies investigating crimes shall provide victims with notice of 
336.28 	their right to apply for reparations reimbursement with the telephone number to call to 
336.29 	request and website information to obtain an application form.
336.30 	Law enforcement agencies shall assist the board in performing its duties under sections 
336.31 	611A.51 to 611A.68. Law enforcement agencies within ten days after receiving a request 
336.32 	from the board shall supply the board with requested reports, notwithstanding any provisions 
337.1 	to the contrary in chapter 13, and including reports otherwise maintained as confidential or 
337.2 	not open to inspection under section 260B.171 or 260C.171. All data released to the board 
337.3 	retains the data classification that it had in the possession of the law enforcement agency.

337.4 	Sec. 15. Minnesota Statutes 2020, section 611A.68, subdivision 2a, is amended to read:
337.5 		Subd. 2a.Notice and payment of proceeds to board required. A person that enters 
337.6 	into a contract with an offender convicted in this state, and a person that enters into a contract 
337.7 	in this state with an offender convicted in this state or elsewhere within the United States, 
337.8 	must comply with this section if the person enters into the contract during the ten years after 
337.9 	the offender is convicted of a crime or found not guilty by reason of insanity. If an offender 
337.10 	is imprisoned or committed to an institution following the conviction or finding of not guilty 
337.11 	by reason of insanity, the ten-year period begins on the date of the offender's release. A 
337.12 	person subject to this section must notify the Crime Victims Reparations Reimbursement
337.13 	Board of the existence of the contract immediately upon its formation, and pay over to the 
337.14 	board money owed to the offender or the offender's representatives by virtue of the contract 
337.15 	according to the following proportions:
337.16 	(1) if the crime occurred in this state, the person shall pay to the board 100 percent of 
337.17 	the money owed under the contract;
337.18 	(2) if the crime occurred in another jurisdiction having a law applicable to the contract 
337.19 	which is substantially similar to this section, this section does not apply, and the person 
337.20 	must not pay to the board any of the money owed under the contract; and
337.21 	(3) in all other cases, the person shall pay to the board that percentage of money owed 
337.22 	under the contract which can fairly be attributed to commerce in this state with respect to 
337.23 	the subject matter of the contract.

337.24 	Sec. 16. Minnesota Statutes 2020, section 611A.68, subdivision 4, is amended to read:
337.25 		Subd. 4.Deductions. When the board has made reparations reimbursement payments 
337.26 	to or on behalf of a victim of the offender's crime pursuant to sections 611A.51 to 611A.68, 
337.27 	it shall deduct the amount of the reparations reimbursement award from any payment 
337.28 	received under this section by virtue of the offender's contract unless the board has already 
337.29 	been reimbursed for the reparations award from another collateral source.

337.30 	Sec. 17. Minnesota Statutes 2020, section 611A.68, subdivision 4b, is amended to read:
337.31 		Subd. 4b.Claims by victims of offender's crime. A victim of a crime committed by 
337.32 	the offender and the estate of a deceased victim of a crime committed by the offender may 
338.1 	submit the following claims for reparations reimbursement and damages to the board to be 
338.2 	paid from money received by virtue of the offender's contract:
338.3 	(1) claims for reparations reimbursement to which the victim is entitled under sections 
338.4 	611A.51 to 611A.68 and for which the victim has not yet received an award from the board;
338.5 	(2) claims for reparations reimbursement to which the victim would have been entitled 
338.6 	under sections 611A.51 to 611A.68, but for the $50,000 maximum limit contained in section 
338.7 	611A.54, clause (3); and
338.8 	(3) claims for other uncompensated damages suffered by the victim as a result of the 
338.9 	offender's crime including, but not limited to, damages for pain and suffering.
338.10 	The victim must file the claim within five years of the date on which the board received 
338.11 	payment under this section. The board shall determine the victim's claim in accordance with 
338.12 	the procedures contained in sections 611A.57 to 611A.63. An award made by the board 
338.13 	under this subdivision must be paid from the money received by virtue of the offender's 
338.14 	contract that remains after a deduction or allocation, if any, has been made under subdivision 
338.15 	4 or 4a.

338.16 	Sec. 18. Minnesota Statutes 2020, section 611A.68, subdivision 4c, is amended to read:
338.17 		Subd. 4c.Claims by other crime victims. The board may use money received by virtue 
338.18 	of an offender's contract for the purpose of paying reparations reimbursement awarded to 
338.19 	victims of other crimes pursuant to sections 611A.51 to 611A.68 under the following 
338.20 	circumstances:
338.21 	(1) money remain after deductions and allocations have been made under subdivisions 
338.22 	4 and 4a, and claims have been paid under subdivision 4b; or
338.23 	(2) no claim is filed under subdivision 4b within five years of the date on which the 
338.24 	board received payment under this section.
338.25 	None of this money may be used for purposes other than the payment of reparations
338.26 	reimbursement.

338.27 	Sec. 19. REVISOR INSTRUCTION.
 338.28 	In Minnesota Statutes, the revisor of statutes shall change "reparations," "reparable," or 
338.29 	the same or similar terms to "reimbursement," "reimbursable," or the same or similar terms 
338.30 	consistent with this article. The revisor shall also make other technical changes resulting 
339.1 	from the change of term to the statutory language, sentence structure, or both, if necessary 
339.2 	to preserve the meaning of the text.

339.3 	ARTICLE 18
339.4 	CRIME VICTIM NOTIFICATION

339.5 	Section 1. Minnesota Statutes 2020, section 253B.18, subdivision 5a, is amended to read:
339.6 		Subd. 5a.Victim notification of petition and release; right to submit statement. (a) 
339.7 	As used in this subdivision:
339.8 	(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes 
339.9 	criminal sexual conduct in the fifth degree and offenses within the definition of "crime 
339.10 	against the person" in section 253B.02, subdivision 4e, and also includes offenses listed in 
339.11 	section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually 
339.12 	motivated;
339.13 	(2) "victim" means a person who has incurred loss or harm as a result of a crime the 
339.14 	behavior for which forms the basis for a commitment under this section or chapter 253D; 
339.15 	and
339.16 	(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision 
339.17 	5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal 
339.18 	Procedure, rule 20.02, that the elements of a crime have been proved, and findings in 
339.19 	commitment cases under this section or chapter 253D that an act or acts constituting a crime 
339.20 	occurred or were part of their course of harmful sexual conduct.
339.21 	(b) A county attorney who files a petition to commit a person under this section or chapter 
339.22 	253D shall make a reasonable effort to provide prompt notice of filing the petition to any 
339.23 	victim of a crime for which the person was convicted. In addition, the county attorney shall 
339.24 	make a reasonable effort to promptly notify the victim of the resolution of the petition and 
339.25 	the process for requesting notification of an individual's change in status as provided in 
339.26 	paragraph (c).
339.27 	(c) A victim may request notification of an individual's discharge or release as provided 
339.28 	in paragraph (d) by submitting a written request for notification to the executive director of 
339.29 	the facility in which the individual is confined. The Department of Corrections or a county 
339.30 	attorney who receives a request for notification from a victim under this section shall 
339.31 	promptly forward the request to the executive director of the treatment facility in which the 
339.32 	individual is confined.
340.1 	(c) (d) Before provisionally discharging, discharging, granting pass-eligible status, 
340.2 	approving a pass plan, or otherwise permanently or temporarily releasing a person committed 
340.3 	under this section from a state-operated treatment program or treatment facility, the head 
340.4 	of the state-operated treatment program or head of the treatment facility shall make a 
340.5 	reasonable effort to notify any victim of a crime for which the person was convicted that 
340.6 	the person may be discharged or released and that the victim has a right to submit a written 
340.7 	statement regarding decisions of the medical director, special review board, or commissioner 
340.8 	with respect to the person. To the extent possible, the notice must be provided at least 14 
340.9 	days before any special review board hearing or before a determination on a pass plan. 
340.10 	Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the judicial 
340.11 	appeal panel with victim information in order to comply with the provisions of this section. 
340.12 	The judicial appeal panel shall ensure that the data on victims remains private as provided 
340.13 	for in section 611A.06, subdivision 4. These notices shall only be provided to victims who 
340.14 	have submitted a written request for notification as provided in paragraph (c).
340.15 	(d) This subdivision applies only to victims who have requested notification through 
340.16 	the Department of Corrections electronic victim notification system, or by contacting, in 
340.17 	writing, the county attorney in the county where the conviction for the crime occurred. A 
340.18 	request for notice under this subdivision received by the commissioner of corrections through 
340.19 	the Department of Corrections electronic victim notification system shall be promptly 
340.20 	forwarded to the prosecutorial authority with jurisdiction over the offense to which the 
340.21 	notice relates or, following commitment, the head of the state-operated treatment program 
340.22 	or head of the treatment facility. A county attorney who receives a request for notification 
340.23 	under this paragraph following commitment shall promptly forward the request to the 
340.24 	commissioner of human services.
340.25 	(e) The rights under this subdivision are in addition to rights available to a victim under 
340.26 	chapter 611A. This provision does not give a victim all the rights of a "notified person" or 
340.27 	a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section 253D.14.

340.28 	Sec. 2. Minnesota Statutes 2020, section 253D.14, subdivision 2, is amended to read:
340.29 		Subd. 2.Notice of filing petition. A county attorney who files a petition to commit a 
340.30 	person under this chapter shall make a reasonable effort to provide prompt notice of filing 
340.31 	the petition to any victim of a crime for which the person was convicted or was listed as a 
340.32 	victim in the petition of commitment. In addition, the county attorney shall make a reasonable
340.33 	and good faith effort to promptly notify the victim of the resolution of the petition process 
341.1 	for requesting the notification of an individual's change in status as provided in section 
341.2 	253D.14, subdivision 3.

341.3 	Sec. 3. Minnesota Statutes 2020, section 253D.14, is amended by adding a subdivision to 
341.4 	read:
341.5 		Subd. 2a.Requesting notification. A victim may request notification of an individual's 
341.6 	discharge or release as outlined in subdivision 3 by submitting a written request for 
341.7 	notification to the executive director of the facility in which the individual is confined. The 
341.8 	Department of Corrections or a county attorney who receives a request for notification from 
341.9 	a victim under this section following an individual's civil commitment shall promptly forward 
341.10 	the request to the executive director of the treatment facility in which the individual is 
341.11 	confined.

341.12 	Sec. 4. Minnesota Statutes 2020, section 253D.14, subdivision 3, is amended to read:
341.13 		Subd. 3.Notice of discharge or release. Before provisionally discharging, discharging, 
341.14 	granting pass-eligible status, approving a pass plan, or otherwise permanently or temporarily 
341.15 	releasing a person committed under this chapter from a treatment facility, the executive 
341.16 	director shall make a reasonable effort to notify any victim of a crime for which the person 
341.17 	was convicted that the person may be discharged or released and that the victim has a right 
341.18 	to submit a written statement regarding decisions of the executive director, or special review 
341.19 	board, with respect to the person. To the extent possible, the notice must be provided at 
341.20 	least 14 days before any special review board hearing or before a determination on a pass 
341.21 	plan. Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the 
341.22 	judicial appeal panel with victim information in order to comply with the provisions of this 
341.23 	chapter. The judicial appeal panel shall ensure that the data on victims remains private as 
341.24 	provided for in section 611A.06, subdivision 4. This subdivision applies only to victims 
341.25 	who have submitted a written request for notification as provided in subdivision 2a.

341.26 	Sec. 5. Minnesota Statutes 2020, section 611A.039, subdivision 1, is amended to read:
341.27 		Subdivision 1.Notice required. (a) Except as otherwise provided in subdivision 2, 
341.28 	within 15 working days after a conviction, acquittal, or dismissal in a criminal case in which 
341.29 	there is an identifiable crime victim, the prosecutor shall make reasonable good faith efforts 
341.30 	to provide to each affected crime victim oral or written notice of the final disposition of the 
341.31 	case and of the victim rights under section 611A.06. When the court is considering modifying 
341.32 	the sentence for a felony or a crime of violence or an attempted crime of violence, the court 
341.33 	or its designee shall make a reasonable and good faith effort to notify the victim of the 
342.1 	crime. If the victim is incapacitated or deceased, notice must be given to the victim's family. 
342.2 	If the victim is a minor, notice must be given to the victim's parent or guardian. The notice 
342.3 	must include:
342.4 	(1) the date and approximate time of the review;
342.5 	(2) the location where the review will occur;
342.6 	(3) the name and telephone number of a person to contact for additional information; 
342.7 	and
342.8 	(4) a statement that the victim and victim's family may provide input to the court 
342.9 	concerning the sentence modification.
342.10 	(b) The Office of Justice Programs in the Department of Public Safety shall develop and 
342.11 	update a model notice of postconviction rights under this subdivision and section 611A.06.
342.12 	(c) As used in this section, "crime of violence" has the meaning given in section 624.712, 
342.13 	subdivision 5, and also includes gross misdemeanor violations of section 609.224, and 
342.14 	nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and 609.749.

342.15 	Sec. 6. Minnesota Statutes 2020, section 611A.06, subdivision 1, is amended to read:
342.16 		Subdivision 1.Notice of release required. (a) The commissioner of corrections or other 
342.17 	custodial authority shall make a good faith effort to notify the victim that the offender is to 
342.18 	be released from imprisonment or incarceration, including release on extended furlough 
342.19 	and for work release; released and release from a juvenile correctional facility; released 
342.20 	from a facility in which the offender was confined due to incompetency, mental illness, or 
342.21 	mental deficiency, or commitment under section 253B.18 or chapter 253D;, or if the 
342.22 	offender's custody status is reduced, if the victim has mailed to the commissioner of 
342.23 	corrections or. These notices shall only be provided to victims who have submitted a written 
342.24 	request for notification to the head of the county correctional facility in which the offender 
342.25 	is confined a written request for this notice, or the victim has made if committed to the 
342.26 	Department of Corrections, submitted a written request for this notice to the commissioner 
342.27 	of corrections or electronic request through the Department of Corrections electronic victim 
342.28 	notification system. The good faith effort to notify the victim must occur prior to the 
342.29 	offender's release or when the offender's custody status is reduced. For a victim of a felony 
342.30 	crime against the person for which the offender was sentenced to imprisonment for more 
342.31 	than 18 months, the good faith effort to notify the victim must occur 60 days before the 
342.32 	offender's release.
343.1 	(b) The commissioner of human services shall make a good faith effort to notify the 
343.2 	victim in writing that the offender is to be released from confinement in a facility due to 
343.3 	incompetency, mental illness, or mental deficiency, or commitment under section 253B.18 
343.4 	or chapter 253D if the victim has submitted a written request for notification to the executive 
343.5 	director of the facility in which the individual is confined.

343.6 	Sec. 7. REPEALER.
 343.7 	Minnesota Statutes 2020, sections 253D.14, subdivision 4; and 611A.0385, are repealed.

343.8 	ARTICLE 19
343.9 	EMERGENCY RESPONSE AND FIRE SAFETY

343.10 	Section 1. [299F.0115] EXEMPTION FOR MEMBERS OF FEDERALLY 
343.11 	RECOGNIZED TRIBES.
343.12 	(a) The state fire marshal shall issue building-specific waivers for elements of the State 
343.13 	Fire Code that conflict with a federally recognized Tribe's religious beliefs, traditional 
343.14 	building practices, or established teachings. Both individual members of federally recognized 
343.15 	Tribes, direct lineal descendents of federally recognized Tribes, and organizations of members 
343.16 	of federally recognized Tribes may apply for these waivers.
343.17 	(b) Waivers may only be granted for the following types of buildings:
343.18 	(1) traditional residential buildings that will be used solely by an individual applicant's 
343.19 	household or an organizational applicant's members;
343.20 	(2) meeting houses; and
343.21 	(3) one-room educational buildings.
343.22 	(c) To obtain a waiver, an applicant must apply to the state fire marshal on a form 
343.23 	established by the state fire marshal. The application must:
343.24 	(1) identify the building the waiver will apply to;
343.25 	(2) identify the Tribe the applicant is a member of; and
343.26 	(3) declare that requirements of the State Fire Code conflict with religious beliefs, 
343.27 	traditional building practices, or established teachings of the identified Tribe, which the 
343.28 	applicant adheres to.
343.29 	(d) Any building for which a waiver is granted may not be sold or leased until:
344.1 	(1) the building is brought into compliance with the version of the State Fire Code in 
344.2 	force at the time of the sale or lease; or
344.3 	(2) the prospective buyer or lessee to which the building is being sold or leased to obtains 
344.4 	a waiver under this section for the building.

344.5 	Sec. 2. [299F.3605] PETROLEUM REFINERIES.
344.6 	(a) As used in this section, "petroleum refinery" has the meaning given in section 
344.7 	115C.02, subdivision 10a.
344.8 	(b) By January 1, 2022, each petroleum refinery operating in the state shall maintain or 
344.9 	contract for a full-time paid on-site fire department regularly charged with the responsibility 
344.10 	of providing fire protection to the refinery that is sufficiently trained, equipped, and staffed 
344.11 	to respond to fires at the refinery and to conduct inspections and employee training to prevent 
344.12 	fires.

344.13 	Sec. 3. Minnesota Statutes 2020, section 299N.04, subdivision 1, is amended to read:
344.14 		Subdivision 1. Examination; requirements. (a) The board must appoint an organization 
344.15 	that is accredited by the International Fire Service Accreditation Congress to prepare and 
344.16 	administer firefighter certification examinations. Firefighter certification examinations must 
344.17 	be designed to ensure and demonstrate competency that meets the applicable NFPA 1001 
344.18 	standard or a national standard in areas including but not limited to: standards.
344.19 	(1) fire prevention;
344.20 	(2) fire suppression; and
344.21 	(3) hazardous materials operations.
344.22 	(b) Certification must be obtained by the individual demonstrating competency in fire 
344.23 	prevention and protection under the NFPA 1001 standard.
344.24 	(c) (b) Nothing in this section shall be construed to prohibit any requirement imposed 
344.25 	by a local fire department for more comprehensive training.

344.26 	Sec. 4. Minnesota Statutes 2020, section 299N.04, is amended by adding a subdivision to 
344.27 	read:
344.28 		Subd. 1a.Firefighter Certification Board; appointments; duties. (a) By July 1, 2022, 
344.29 	the commissioner shall appoint a Firefighter Certification Board consisting of 18 members 
344.30 	as recommended by the following organizations:
345.1 	(1) one member recommended by the Minnesota State Fire Chiefs Association;
345.2 	(2) one member recommended by the Minnesota State Fire Department Association;
345.3 	(3) one member recommended by the Minnesota Chapter of the International Association 
345.4 	of Arson Investigators;
345.5 	(4) one member recommended by the Fire Marshals Association of Minnesota;
345.6 	(5) one member recommended by the State Fire Marshal Division;
345.7 	(6) one member recommended by the Minnesota State Fire Training Program 
345.8 	Coordinator's Group;
345.9 	(7) two members recommended by Minnesota Professional Fire Fighters;
345.10 	(8) one member recommended by a private fire training organization;
345.11 	(9) one member recommended by regional fire training academies;
345.12 	(10) five members recommended by the regional director of Greater Minnesota Fire 
345.13 	Service;
345.14 	(11) one member recommended by the League of Minnesota Cities;
345.15 	(12) one member recommended by the Minnesota Association of Townships; and
345.16 	(13) one public member not affiliated or associated with any member or interest, 
345.17 	appointed by the commissioner.
345.18 	(b) Each member shall serve an initial term of two years. The commissioner shall appoint 
345.19 	at least eight members from outside the metropolitan area.
345.20 	(c) Appointed members serve without compensation.
345.21 	(d) By January 1, 2023, the board must be accredited by the International Fire Service 
345.22 	Accreditation Congress and begin to carry out the following duties:
345.23 	(1) establish qualifications for, appoint, and train examiners to conduct both the written 
345.24 	and skills tests required for firefighter certification;
345.25 	(2) maintain a list of examiners that have met the qualifications;
345.26 	(3) develop and maintain a program to determine and certify the competency of and 
345.27 	issue certificates to individuals who pass examinations based on the NFPA fire service 
345.28 	professional qualifications and other standards approved by the certification assembly;
345.29 	(4) make recommendations to the legislature to improve the quality of firefighter training;
346.1 	(5) conduct studies and surveys and make reports to the commissioner; and
346.2 	(6) conduct other activities as necessary to carry out these duties.
346.3 	(e) The commissioner shall provide the necessary staff and support to the board and may 
346.4 	charge back any costs related to the board to the special account created in subdivision 4.

346.5 	Sec. 5. Minnesota Statutes 2020, section 299N.04, subdivision 2, is amended to read:
346.6 		Subd. 2.Eligibility for certification examination. Except as provided in subdivision 
346.7 	3, any person may take the firefighter certification examination who has successfully 
346.8 	completed the following:
346.9 	(1)(i) a firefighter course from a postsecondary educational institution, an accredited 
346.10 	institution of higher learning, or another entity that teaches a course that has been approved 
346.11 	by the board; or (ii) an apprenticeship or cadet program maintained by a Minnesota fire 
346.12 	department that has been approved by the board Board of Firefighter Training and Education; 
346.13 	and
346.14 	(2) a skills-oriented basic training course.

346.15 	Sec. 6. Minnesota Statutes 2020, section 299N.04, is amended by adding a subdivision to 
346.16 	read:
346.17 		Subd. 4.Revenues. (a) The board and its programs shall be funded through fees collected 
346.18 	from individuals who apply for certification and for certification renewal.
346.19 	(b) A firefighter certification account is created in the special revenue fund. The account 
346.20 	consists of the fees collected under this section and any other money donated, allotted, 
346.21 	transferred, or otherwise provided to the account. Money in the account is annually 
346.22 	appropriated to the commissioner to pay costs incurred under this section.
346.23 	(c) The board may accept funding from the fire safety account established in section 
346.24 	297I.06 for special or distinctive projects.
346.25 	(d) The board shall recommend a certification fee schedule to the commissioner. The 
346.26 	commissioner shall set the fee on an annual basis to coincide with the state's fiscal year.

346.27 	Sec. 7. Minnesota Statutes 2020, section 299N.04, is amended by adding a subdivision to 
346.28 	read:
346.29 		Subd. 5.Definitions. (a) Unless otherwise indicated, for purposes of this section, the 
346.30 	terms in this subdivision have the meanings given them.
347.1 	(b) "Board" means the Firefighter Certification Board established under subdivision 1a.
347.2 	(c) "Commissioner" means the commissioner of public safety.

347.3 	Sec. 8. [326B.125] EXEMPTION FOR MEMBERS OF FEDERALLY RECOGNIZED 
347.4 	TRIBES.
347.5 	(a) The commissioner of labor and industry shall issue building-specific waivers for 
347.6 	elements of the State Building Code that conflict with a federally recognized Tribe's religious 
347.7 	beliefs, traditional building practices, or established teachings. Both individual members 
347.8 	of federally recognized Tribes, direct lineal descendents of federally recognized Tribes, and 
347.9 	organizations of members of federally recognized Tribes may apply for these waivers.
347.10 	(b) Waivers may only be granted for the following types of buildings:
347.11 	(1) traditional residential buildings that will be used solely by an individual applicant's 
347.12 	household or an organizational applicant's members;
347.13 	(2) meeting houses; and
347.14 	(3) one-room educational buildings.
347.15 	(c) To obtain a waiver, an applicant must apply to the commissioner on a form established 
347.16 	by the commissioner. The application must:
347.17 	(1) identify the building the waiver will apply to;
347.18 	(2) identify the Tribe the applicant is a member of; and
347.19 	(3) declare that requirements of the State Building Code conflict with religious beliefs, 
347.20 	traditional building practices, or established teachings of the identified Tribe, which the 
347.21 	applicant adheres to.
347.22 	(d) Any building for which a waiver is granted may not be sold or leased until:
347.23 	(1) the building is brought into compliance with the version of the State Building Code 
347.24 	in force at the time of the sale or lease; or
347.25 	(2) the prospective buyer or lessee to which the building is being sold or leased to obtains 
347.26 	a waiver under this section for the building.

347.27 	Sec. 9. Minnesota Statutes 2020, section 403.02, subdivision 16, is amended to read:
347.28 		Subd. 16.Metropolitan area. "Metropolitan area" means the counties of Anoka, Carver, 
347.29 	Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, and Washington.

348.1 	Sec. 10. Minnesota Statutes 2020, section 403.03, subdivision 1, is amended to read:
348.2 		Subdivision 1.Emergency response services. Services available through a 911 system 
348.3 	must include police, firefighting, and emergency medical and ambulance services. Other 
348.4 	emergency and civil defense services may be incorporated into the 911 system at the 
348.5 	discretion of the public agency operating the public safety answering point. The 911 system 
348.6 	may shall include a referral to mental health crisis teams, where available when appropriate.

348.7 	Sec. 11. Minnesota Statutes 2020, section 403.07, subdivision 2, is amended to read:
348.8 		Subd. 2.Design standards for metropolitan area. The Metropolitan 911 Emergency 
348.9 	Services Board shall establish and adopt design standards for the metropolitan area 911 
348.10 	system and transmit them to the commissioner for incorporation into the rules adopted 
348.11 	pursuant to this section.

348.12 	Sec. 12. Minnesota Statutes 2020, section 403.11, subdivision 1, is amended to read:
348.13 		Subdivision 1.Emergency telecommunications service fee; account. (a) Each customer 
348.14 	of a wireless or wire-line switched or packet-based telecommunications service provider 
348.15 	connected to the public switched telephone network that furnishes service capable of 
348.16 	originating a 911 emergency telephone call is assessed a fee based upon the number of 
348.17 	wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing 
348.18 	maintenance and related improvements for trunking and central office switching equipment 
348.19 	for 911 emergency telecommunications service, to offset administrative and staffing costs 
348.20 	of the commissioner related to managing the 911 emergency telecommunications service 
348.21 	program, to make distributions provided for in section 403.113, and to offset the costs, 
348.22 	including administrative and staffing costs, incurred by the State Patrol Division of the 
348.23 	Department of Public Safety in handling 911 emergency calls made from wireless phones., 
348.24 	and to offset costs to state and local governments for ongoing increases in expenditures 
348.25 	related to the updating and maintenance of systems to comply with Next-Generation-IP-based 
348.26 	911 telecommunications systems.
348.27 	(b) Money remaining in the 911 emergency telecommunications service account after 
348.28 	all other obligations are paid and defined reserves met must not cancel and is carried forward 
348.29 	to subsequent years and may shall be appropriated from time to time to the commissioner 
348.30 	to provide financial assistance to counties for the improvement of local emergency 
348.31 	telecommunications services in compliance with the uses designated in section 403.113, 
348.32 	subdivision 3.
349.1 	(c) The fee may not be less than eight cents nor more than 65 cents a month until June 
349.2 	30, 2008, not less than eight cents nor more than 75 cents a month until June 30, 2009, not 
349.3 	less than eight cents nor more than 85 cents a month until June 30, 2010, and not less than 
349.4 	eight cents nor more than 95 cents a month on or after July 1, 2010, for each customer access 
349.5 	line or other basic access service, including trunk equivalents as designated by the Public 
349.6 	Utilities Commission for access charge purposes and including wireless telecommunications 
349.7 	services. With the approval of the commissioner of management and budget, the 
349.8 	commissioner of public safety shall establish the amount of the fee within the limits specified 
349.9 	and inform the companies and carriers of the amount to be collected. When the revenue 
349.10 	bonds authorized under section 403.27, subdivision 1, have been fully paid or defeased, the 
349.11 	commissioner shall reduce the fee to reflect that debt service on the bonds is no longer 
349.12 	needed. The commissioner shall provide companies and carriers a minimum of 45 days' 
349.13 	notice of each fee change. The fee must be the same for all customers, except that the fee 
349.14 	imposed under this subdivision does not apply to prepaid wireless telecommunications 
349.15 	service, which is instead subject to the fee imposed under section 403.161, subdivision 1, 
349.16 	paragraph (a).
349.17 	(d) The fee must be collected by each wireless or wire-line telecommunications service 
349.18 	provider subject to the fee. Fees are payable to and must be submitted to the commissioner 
349.19 	monthly before the 25th of each month following the month of collection, except that fees 
349.20 	may be submitted quarterly if less than $250 a month is due, or annually if less than $25 a 
349.21 	month is due. Receipts must be deposited in the state treasury and credited to a 911 
349.22 	emergency telecommunications service account in the special revenue fund. The money in 
349.23 	the account may only be used for 911 telecommunications services.
349.24 	(e) Competitive local exchanges carriers holding certificates of authority from the Public 
349.25 	Utilities Commission are eligible to receive payment for recurring 911 services.

349.26 	Sec. 13. Minnesota Statutes 2020, section 403.21, subdivision 3, is amended to read:
349.27 		Subd. 3.First phase. "First phase" or "first phase of the regionwide public safety radio 
349.28 	communication system" means the initial backbone which serves the following nine-county
349.29 	ten-county metropolitan area: Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, 
349.30 	Scott, Sherburne, and Washington Counties.

349.31 	Sec. 14. Minnesota Statutes 2020, section 403.21, subdivision 12, is amended to read:
349.32 		Subd. 12.Greater Minnesota. "Greater Minnesota" means the area of the state outside 
349.33 	the nine-county ten-county metropolitan area served by the first phase.

350.1 	Sec. 15. Minnesota Statutes 2020, section 403.36, subdivision 1, is amended to read:
350.2 		Subdivision 1.Membership. (a) The commissioner of public safety shall convene and 
350.3 	chair the Statewide Radio Board to develop a project plan for a statewide, shared, trunked 
350.4 	public safety radio communication system. The system may be referred to as "Allied Radio 
350.5 	Matrix for Emergency Response," or "ARMER."
350.6 	(b) The board consists of the following members or their designees:
350.7 	(1) the commissioner of public safety;
350.8 	(2) the commissioner of transportation;
350.9 	(3) the state chief information officer;
350.10 	(4) the commissioner of natural resources;
350.11 	(5) the chief of the Minnesota State Patrol;
350.12 	(6) the chair of the Metropolitan Council;
350.13 	(7) two elected city officials, one from the nine-county ten-county metropolitan area 
350.14 	and one from Greater Minnesota, appointed by the governing body of the League of 
350.15 	Minnesota Cities;
350.16 	(8) two elected county officials, one from the nine-county ten-county metropolitan area 
350.17 	and one from Greater Minnesota, appointed by the governing body of the Association of 
350.18 	Minnesota Counties;
350.19 	(9) two sheriffs, one from the nine-county ten-county metropolitan area and one from 
350.20 	Greater Minnesota, appointed by the governing body of the Minnesota Sheriffs' Association;
350.21 	(10) two chiefs of police, one from the nine-county ten-county metropolitan area and 
350.22 	one from Greater Minnesota, appointed by the governor after considering recommendations 
350.23 	made by the Minnesota Chiefs' of Police Association;
350.24 	(11) two fire chiefs, one from the nine-county ten-county metropolitan area and one 
350.25 	from Greater Minnesota, appointed by the governor after considering recommendations 
350.26 	made by the Minnesota Fire Chiefs' Association;
350.27 	(12) two representatives of emergency medical service providers, one from the 
350.28 	nine-county ten-county metropolitan area and one from Greater Minnesota, appointed by 
350.29 	the governor after considering recommendations made by the Minnesota Ambulance 
350.30 	Association;
351.1 	(13) the chair of the regional radio board for the metropolitan area Metropolitan 
351.2 	Emergency Services Board; and
351.3 	(14) a representative of Greater Minnesota elected by those units of government in phase 
351.4 	three and any subsequent phase of development as defined in the statewide, shared radio 
351.5 	and communication plan, who have submitted a plan to the Statewide Radio Board and 
351.6 	where development has been initiated.
351.7 	(c) The Statewide Radio Board shall coordinate the appointment of board members 
351.8 	representing Greater Minnesota with the appointing authorities and may designate the 
351.9 	geographic region or regions from which an appointed board member is selected where 
351.10 	necessary to provide representation from throughout the state.

351.11 	Sec. 16. 911 TELECOMMUNICATOR WORKING GROUP.
 351.12 		Subdivision 1.Membership. (a) The commissioner of public safety shall convene a 911 
351.13 	telecommunicator working group that consists of the commissioner, or a designee, and one 
351.14 	representative of each of the following organizations:
351.15 	(1) the Minnesota Chiefs of Police Association;
351.16 	(2) the Minnesota Sheriffs' Association;
351.17 	(3) the Minnesota Police and Peace Officers Association;
351.18 	(4) the Emergency Communications Network;
351.19 	(5) the Minnesota State Fire Chiefs Association;
351.20 	(6) the Association of Minnesota Counties;
351.21 	(7) the League of Minnesota Cities;
351.22 	(8) Tribal dispatchers;
351.23 	(9) the Metropolitan Emergency Services Board;
351.24 	(10) the Emergency Medical Services Regulatory Board;
351.25 	(11) the Statewide Emergency Communications Board;
351.26 	(12) each of the Statewide Emergency Communications Board's seven regional boards;
351.27 	(13) mental health crisis team providers;
351.28 	(14) the Minnesota Association of Public Safety Communications Officials (MN APCO) 
351.29 	and the National Emergency Number Association of Minnesota (NENA of MN); and
352.1 	(15) the Minnesota Ambulance Association.
352.2 	(b) The working group must also include a nonsupervisory telecommunicator working 
352.3 	in a regional center outside of the seven-county metropolitan area, a nonsupervisory 
352.4 	telecommunicator working in rural Minnesota, and a nonsupervisory telecommunicator 
352.5 	working in the seven-county metropolitan area.
352.6 	(c) The organizations specified in paragraph (a) shall provide the commissioner with a 
352.7 	designated member to serve on the working group by June 15, 2021. The commissioner 
352.8 	shall appoint these members to the working group. Appointments to the working group 
352.9 	must be made by July 1, 2021.
352.10 		Subd. 2.Duties; report. The working group must submit a report to the chairs and 
352.11 	ranking minority members of the legislative committees with jurisdiction over public safety 
352.12 	policy and finance by January 15, 2022. The report must:
352.13 	(1) recommend a statutory definition of 911 telecommunicators;
352.14 	(2) recommend minimum training and continuing education standards for certification 
352.15 	of 911 telecommunicators;
352.16 	(3) recommend standards for certification of 911 telecommunicators;
352.17 	(4) recommend funding options for mandated 911 telecommunicators training;
352.18 	(5) recommend best practices in incident response command structure for the state's first 
352.19 	responders to implement that do not violate either the United States or Minnesota 
352.20 	Constitutions, after reviewing the various incident response command structures used in 
352.21 	the field across the nation and world; and
352.22 	(6) provide other recommendations the working group deems appropriate.
352.23 		Subd. 3.First meeting; chair. The commissioner of public safety must convene the 
352.24 	first meeting of the working group by August 1, 2021. At the first meeting, the members 
352.25 	must elect a chair. The working group may conduct meetings remotely. The chair shall be 
352.26 	responsible for document management of materials for the working group.
352.27 		Subd. 4.Compensation; reimbursement. Members serve without compensation.
352.28 		Subd. 5.Administrative support. The commissioner of public safety must provide 
352.29 	administrative support to the working group.
352.30 		Subd. 6.Expiration. The working group expires January 15, 2022.

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

353.1 	Sec. 17. TITLE.
 353.2 	Section 10 shall be known as "Travis's Law."

APPENDIX 

Repealed Minnesota Statutes: H1078-2 

253D.14 VICTIM NOTIFICATION OF PETITION AND RELEASE; RIGHT TO SUBMIT STATEMENT.Subd. 4.Electronic notice. 
This section applies only to victims who have requested notification through the Department of Corrections electronic victim notification system, or by contacting, in writing, the county attorney in the county where the conviction for the crime occurred or where the civil commitment was filed or, following commitment, the executive director. A request for notice under this section received by the commissioner of corrections through the Department of Corrections electronic victim notification system shall be promptly forwarded to the prosecutorial authority with jurisdiction over the offense to which the notice relates or, following commitment, the executive director. A county attorney who receives a request for notification under this section following commitment shall promptly forward the request to the commissioner of human services. 

609.324 PATRONS; PROSTITUTES; HOUSING INDIVIDUALS ENGAGED IN PROSTITUTION; PENALTIES.Subd. 3.General prostitution crimes; penalties for patrons. 
(a) Whoever, while acting as a patron, intentionally does any of the following is guilty of a misdemeanor: 

(1) engages in prostitution with an individual 18 years of age or older; or 

(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage in sexual penetration or sexual contact. Except as otherwise provided in subdivision 4, a person who is convicted of violating this paragraph must, at a minimum, be sentenced to pay a fine of at least $500. 

(b) Whoever violates the provisions of this subdivision within two years of a previous prostitution conviction for violating this section or section 609.322 is guilty of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who is convicted of violating this paragraph must, at a minimum, be sentenced as follows: 

(1) to pay a fine of at least $1,500; and 

(2) to serve 20 hours of community work service. 

The court may waive the mandatory community work service if it makes specific, written findings that the community work service is not feasible or appropriate under the circumstances of the case. 

609.5317 REAL PROPERTY; SEIZURES.Subdivision 1.Rental property. 
(a) When contraband or a controlled substance manufactured, distributed, or acquired in violation of chapter 152 is seized on residential rental property incident to a lawful search or arrest, the prosecuting authority shall give the notice required by this subdivision to (1) the landlord of the property or the fee owner identified in the records of the county assessor, and (2) the agent authorized by the owner to accept service pursuant to section 504B.181. The notice is not required during an ongoing investigation. The notice shall state what has been seized and specify the applicable duties and penalties under this subdivision. The notice shall state that the landlord who chooses to assign the right to bring an eviction action retains all rights and duties, including removal of a tenant's personal property following issuance of the writ of recovery and delivery of the writ to the sheriff for execution. The notice shall also state that the landlord may contact the prosecuting authority if threatened by the tenant. Notice shall be sent by certified letter, return receipt requested, within 30 days of the seizure. If receipt is not returned, notice shall be given in the manner provided by law for service of summons in a civil action. 

(b) Within 15 days after notice of the first occurrence, the landlord shall bring, or assign to the prosecuting authority of the county in which the real property is located, the right to bring an eviction action against the tenant. The assignment must be in writing on a form prepared by the prosecuting authority. Should the landlord choose to assign the right to bring an eviction action, the assignment shall be limited to those rights and duties up to and including delivery of the writ of recovery to the sheriff for execution. 

(c) Upon notice of a second occurrence on any residential rental property owned by the same landlord in the same county and involving the same tenant, and within one year after notice of the first occurrence, the property is subject to forfeiture under sections 609.531, 609.5311, 609.5313, and 609.5315, unless an eviction action has been commenced as provided in paragraph (b) or the right to bring an eviction action was assigned to the prosecuting authority as provided in paragraph (b). If the right has been assigned and not previously exercised, or if the prosecuting authority requests an assignment and the landlord makes an assignment, the prosecuting authority may bring an eviction action rather than an action for forfeiture. 

(d) The Department of Corrections Fugitive Apprehension Unit shall not seize real property for the purposes of forfeiture as described in paragraphs (a) to (c). 

Subd. 2.Additional remedies. 
Nothing in subdivision 1 prevents the prosecuting authority from proceeding under section 609.5311 whenever that section applies. 

Subd. 3.Defenses. 
It is a defense against a proceeding under subdivision 1, paragraph (b), that the tenant had no knowledge or reason to know of the presence of the contraband or controlled substance or could not prevent its being brought onto the property. 

It is a defense against a proceeding under subdivision 1, paragraph (c), that the landlord made every reasonable attempt to evict a tenant or to assign the prosecuting authority the right to bring an eviction action against the tenant, or that the landlord did not receive notice of the seizure. 

Subd. 4.Limitations. 
This section shall not apply if the retail value of the controlled substance is less than $100, but this section does not subject real property to forfeiture under section 609.5311 unless the retail value of the controlled substance is: (1) $1,000 or more; or (2) there have been two previous controlled substance seizures involving the same tenant. 

611A.0385 SENTENCING; IMPLEMENTATION OF RIGHT TO NOTICE OF OFFENDER RELEASE AND EXPUNGEMENT.
At the time of sentencing or the disposition hearing in a case in which there is an identifiable victim, the court or its designee shall make reasonable good faith efforts to inform each affected victim of the offender notice of release and notice of expungement provisions of section 611A.06. If the victim is a minor, the court or its designee shall, if appropriate, also make reasonable good faith efforts to inform the victim's parent or guardian of the right to notice of release and notice of expungement. The state court administrator, in consultation with the commissioner of corrections and the prosecuting authorities, shall prepare a form that outlines the notice of release and notice of expungement provisions under section 611A.06 and describes how a victim should complete and submit a request to the commissioner of corrections or other custodial authority to be informed of an offender's release or submit a request to the prosecuting authorities to be informed of an offender's petition for expungement. The state court administrator shall make these forms available to court administrators who shall assist the court in disseminating right to notice of offender release and notice of expungement information to victims.