HF 1775

2nd Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/03/2025 03:39 p.m.

A bill for an act
relating to public safety; requiring the reporting of certain information on criminal
cases; appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 609.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [609.016] CRIMINAL CASE INFORMATION COLLECTION.
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new text begin Subdivision 1. new text end

new text begin Collection. new text end

new text begin (a) The Department of Corrections and any court associated
with a criminal case shall report any of the following information the department or court
currently collects or has in its possession as part of its standard operations:
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new text begin (1) for each jail detainee and criminal defendant:
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new text begin (i) full name and any known aliases;
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new text begin (ii) year of birth;
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new text begin (iii) race and ethnicity;
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new text begin (iv) sex;
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new text begin (v) gender;
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new text begin (vi) case number;
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new text begin (vii) public defender eligibility status;
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new text begin (viii) booking date;
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new text begin (ix) release date; and
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new text begin (x) all pending cases associated with the defendant and all booking dates and charges
for each case;
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new text begin (2) for each formal charge, including charges resulting in convictions, filed against a
defendant:
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new text begin (i) charge number;
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new text begin (ii) charge description;
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new text begin (iii) charge statute;
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new text begin (iv) charge type;
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new text begin (v) charge class severity;
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new text begin (vi) charge disposition;
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new text begin (vii) method of disposition, including pretrial diversion, plea negotiation, or trial;
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new text begin (viii) charge disposition date; and
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new text begin (ix) prosecuting office, agency, or attorney;
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new text begin (3) for bail or bond pretrial releases:
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new text begin (i) date of first appearance before the court;
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new text begin (ii) judge who presided over the defendant's first appearance and set bail;
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new text begin (iii) pretrial evaluation form or data contained in the form, including but not limited to
the pretrial risk assessment score;
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new text begin (iv) amount of bail, if any, set at first appearance, including whether there was a
percentage of the bail that could be paid directly to the court;
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new text begin (v) other conditions of release, if any, set at first appearance;
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new text begin (vi) nonmonetary conditions of release;
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new text begin (vii) monetary bail or bond amount;
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new text begin (viii) date of pretrial release, if any;
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new text begin (ix) release type, including release on own recognizance, release with conditions other
than exclusively monetary bail or bond, release on monetary bail or bond, release after
completed sentence, transfer to prison, transfer to jail in another jurisdiction, or transfer to
other federal agencies;
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new text begin (x) time served credit length;
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new text begin (xi) bail or bond revocation due to a new offense, a failure to appear, or violation of the
terms of bail or bond; and
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new text begin (xii) if revocation occurred, whether there was also a reinstatement of the bail or bond;
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new text begin (4) for each criminal case:
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new text begin (i) whether the defendant failed to appear at any hearings and whether warrants were
issued;
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new text begin (ii) whether the defendant was public defender eligible; and
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new text begin (iii) outcome of the defendant's case, including but not limited to dismissal, acquittal,
guilty plea, and guilty verdict;
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new text begin (5) for each sentencing:
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new text begin (i) plea date, if any;
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new text begin (ii) sentence date;
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new text begin (iii) charge sentenced to, charge number, charge description, statute, type, and charge
class severity;
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new text begin (iv) sentence type;
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new text begin (v) sentence length;
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new text begin (vi) fine and fees and whether they were waived or stayed due to inability to pay; and
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new text begin (vii) restitution amount ordered, amount collected, and amount paid to victim; and
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new text begin (6) any other information required by the Sentencing Guidelines Commission.
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new text begin (b) The Department of Corrections or court collecting or coming into possession of the
information required in paragraph (a) shall forward this information to the Sentencing
Guidelines Commission in a timely manner under a schedule and format directed by the
commission. The commission shall ensure that each official and agency reports the
information in a uniform and consistent format.
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new text begin (c) Nothing in this subdivision requires the Department of Corrections or court to collect
any information the department or court is not otherwise required to collect.
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new text begin Subd. 2. new text end

new text begin Sentencing Guidelines Commission; clearinghouse; report. new text end

new text begin (a) The
Sentencing Guidelines Commission shall serve as a clearinghouse and information center
for the information collected pursuant to subdivision 1.
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new text begin (b) The commission shall report annually to the chairs, cochairs, and minority leads of
the legislative committees and divisions with jurisdiction over public safety and the judiciary.
The report must include a summary of the information received pursuant to subdivision 1,
as well as an analysis of the impact of pretrial release practices on criminal case outcomes
and public safety in the state. At a minimum, the report must include disaggregated data on
the relationship between the type of pretrial release and any conditions imposed by the court,
including requiring monetary bail or bond, and:
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new text begin (1) other factors such as the seriousness of the offense; the defendant's prior record; the
location of the court handling the case; whether the defendant is eligible for a public defender;
and the defendant's age, race, and sex;
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new text begin (2) rates of pretrial recidivism, including the level of any subsequent charge and number
of the statute alleged to have been violated;
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new text begin (3) the type of disposition of the case such as dismissal, resolution through a plea
agreement, or trial;
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new text begin (4) the length of time between an initial arrest and disposition of the case; and
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new text begin (5) the sentence announced by the court, including whether the court stayed adjudication
or imposition of the sentence, whether the court departed from the presumptive sentence,
and whether any sentence imposed was consecutive to another sentence.
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new text begin (c) The Sentencing Guidelines Commission, in consultation with representatives from
all major criminal legal agencies, including but not limited to the Department of Corrections,
jail administrators, the state court administrator's office and the judicial branch, public
defenders, prosecutors, law enforcement, probation officers, and community nonprofits and
individual community members with expertise in data systems and pretrial policy must:
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new text begin (1) coordinate the sharing of information required to be submitted to the commission
pursuant to subdivision 1;
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new text begin (2) make recommendations to the legislature regarding any statutory or other changes
needed to facilitate the sharing of information; and
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new text begin (3) provide advice and make recommendations to the legislature regarding additional
information that should be collected or other analysis that should be performed on that
information to improve the understanding of pretrial release practices.
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Sec. 2. new text begin MINNESOTA SENTENCING GUIDELINES COMMISSION;
APPROPRIATION.
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new text begin $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
fund to the Sentencing Guidelines Commission to receive and store criminal case information,
analyze and summarize that information, and report to the legislature.
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